The Queen against Archdall, D. D
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | High Court |
English Reports Citation: 112 E.R. 843
IN THE COURT OF QUEEN'S BENCH, AND UPON WRITS OF ERROR FROM THAT COURT TO THE EXCHEQUER CHAMBER
S. C. 3 N. & P. 696; 2 Jur. 1083.
{281] the queen against ahchdall, D.D. 1838. On a motion for a quo warranto information, calling on the vice-chancellor of the University of Cambridge to ahew by what authority he granted alehouse licences within the borough of Cambridge, it appeared that the first exercise and origin of the franchise were too remote to be traced; that it had been exercised both within the borough of Cambridge and without it to the extent of the university liberties, but not in pursuance of statutory authority, or according to the statutable form of granting licences; that the franchise was recognised in stat. 9 Ann. c. 23, s. 50, and later statutes, though not in stat. 5 & 6 Ed. 6, c. 25 ; that, till very recently, no serious dispute had arisen on the subject between the borough and the university, nor had any licences been granted by the charter justices of the borough, or those of the county at large; that in early times the assize of bread and ale was in the borough, not the university ; that the vice-chancellor, in licensing, had always acted with another head of a house, both being styled justices of peace, but the licence being under the single seal and signature of the vice-chancellor; and that his course of proceeding had not been in all respects uniform. Held that, sufficient doubt not (a) 2 Cro. & M. 468. S. C. 4 Tyrwh. 370. See Powell v. Petre, 5 A. & E. 818. 844 THE QUEEN V. ARCHDALL 8 AD. & E. 282. being thrown on the legality of the franchise by these circumstances, the Court would not assist in questioning it by granting an information, [S. C. 3 N. & P. 696 ; 2 Jur. 1083.] Amos, in Hilary term 1837, obtained a rule calling on the Rev. George Archdall, Doctor of Divinity, to shew cause why an information in the nature of a quo warranto should not be exhibited against him, to shew by what authority he did, as vice-chancellor of the University of Cambridge, together with one William Webb, Doctor of Divinity, or his assistant, grant licences (a)1 to divers persons to keep common inns, ale-[282]-bouses, and victualling houses, within the borough of Cambridge; and by what warrant he did then take bond by recognisance of such persons respectively, and of their respective sureties, for the due observation of all and singular the statutes in that behalf theretofore made and provided for the good ordering of common alehouses, and for the observing and keeping of the clauses and articles under the said licences respectively written ; and by what warrant he granted such licences respectively, under his seal of office as vice-chancellor of the University of Cambridge, to continue during the good will of him and his successors; and by what warrant he took upon himself, as such vice-chancellor, to transfer [283] such licences as aforesaid from persons to whom the same had been granted, to other persons (a)a being (a)1 The following is the form of the licence. To all Christian people to whom these presents shall come to be read. George Archdall, Doctor of Divinity, and vice-chancellor of the University of Cambridge, sendeth greeting: know ye that I, the said vice-chancellor, with mine assistant the worshipful C. D.,two of His Majesty's justices of the peace within the University and town of Cambridge and the precincts thereof, have admitted and allowed E. F. of Cambridge, in the county of Cambridge, to keep a common inn, alehouse, or victualling house, and to utter and sell, in the house in which he now dwelleth, and in the premises thereunto belonging, and not elsewhere, victuals and all such exciseable liquors as he shall be licensed and empowered to sell under the authority and permission of any Excise licence which shall be duly granted by the Commissioners of Excise, or persons to be employed by them for that purpose, or by any collector and supervisor of Excise...
To continue reading
Request your trial
-
Kemp v Neville
...for the purpose to which (a) See the 21 & 22 Viet. c. 22. IOC. B.(N.8.)55S. KEMP V. NEVILLK 571 it was applied. In Tim Queen v. ArMall, 8 Ad. & E. 281, ;! Nev. & P. G96, the right of the vice-chancellor to have the sole control over granting licences for the sale of beer in Cambridge, was d......
-
The Queen against The Inhabitants of Derbyshire
...Purbeck (c), there cited, Bedle v. Beard (12 Rep. 4), Lady Stafford v. Llewellin (Skin. 77), Farrar'scttse(g), Begina v. Archdall (8 A. & E. 281), Lord Falmouth v. George (5 Bing. 286, 293), Male's Hist. C. L. c. 1, p. 4, Bex v. Ecdesjield (1 B. & Aid. 348), Bex v. Si. Giles, Cambridge (5 M......