The question as to the legality of the restrictions imposed
in Hertford College on the candidates for some of the recent fellow- ships, is to come before the Queen's Bench Division of the High Court of Justice, in the form of an application for a mandamus from a member of the body of Congregational Baptists to be allowed to compete for one of those fellowships. Mr. Herschell, Q.C., made the application on Wednesday, but the Court im- mediatelyraised the question,which we pointed out as of the first im- portance for the discussion, whether the fellowships thus offered for competition to Chirchmen, but not to Dissenters, were founded out of the old endowments of Magdalen Hall, or out of the en- dowments given to Hertford College before the passing of the Act which transformed Magdalen Hall into Hertford College, or whether they were founded out of more recent endowments conferred on Hertford College for this very purpose. Mr. Justice Blackburn intimated that the Congregational Baptist might have good grounds for his application, even if it should turn out that the fellowships to be competed for were founded. out of cora- pletely new endowments,—as we suppose it will,—but "that would raise a very different question.". The secondary ques- tion, whether such restrictions on fellowships are or are not illegal, even when founded out of special endowments impressed with a sectarian purpose, will be a very interesting one. Is it open to any Oxford College to give fellowships,—and therewith, of course, a share in the government of the College,—exclusively to persons of a particular creed?
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