ft 'YA 105 15 30 W =5 8B REMARKS s\, A O N SOME STRICTURES LATELY PUBLISHED, ENTITLED OBSERVATIONS UPON THE STATUTE TIT. XIV. DE VESTITU ET HABITU SCHOLASTICO : WlTH A BRIEF STATE OF THE CONTROVERSY WHICH GAVE OCCASION TO THEM. OXFORD. M DCC LXX. REMARKS IN Lent term laft the Servitors of Chrift- Church contrary to exprefs ftatute and immemorial ufage appeared in the acade- mical habit of Foundationers. The Founda- tioners of feveral Colleges, who had hitherto conformed to their ftatutable habit, were juftly offended at this fingular innovation ; and, having loft the distinction which the ftatute had given them, naturally looked out for a new one in the habit of a Bachelor. Thefe fudden alterations attracted the notice of the Magistrate : the Hebdomadal Meeting took them intoconfideration, and recommend- ed it to the Vice-Chancellor and Proctors " to " put the ftatute in execution, and reduce " both orders to their proper habit." A few days after, fome members of the Hebdomadal Meeting propofed a different meafure, which, after mature deliberation, was carried againil the fenfe of the fenior part of the Board by a fmall majority. The fubftance of this refolu- tion was communicated to the Public in a A 1051530 printed paper, which, to prevent any miflake, I mall tranfcribe verbatim ; it is as follows : " I. Clerks -fervientes, a fervitors whether " exhibitioners or not, chorifters, to wear " .fcholars' gowns and fquare caps without < tufts." " II. Glerks-non-Jervientesy* fcholars, demys, " poftmafters, ftudents of Chrift-Church, un- " dergraduate fellows, to wear fcholars' gowns, " fquare caps and tufts." " III. Bachelors to wear their prefent drefs " with the addition of the efomis or tippet." Several members of Convocation objected to thefe regulations ; they affirmed that part of them were contrary to flatute ; and quef- tioned the authority that enjoined them : they therefore made application to the Proctors to reprefs the innovations prefcribed by this printed paper j " to put the flatute in execu- " tion, and reduce foundationers and fervitors " to their proper habit." The Proctors re- ported to the Hebdomadal Meeting .that they had received fuch application : the obfcrva- tion made thereupon by the Board, was " that the printed paper referred to is not * I have taken the liberty to infert thefe words, as being afterwards added to the printed paper by the hebdomadal meeting. ( 3 ) " confidered as having the force of a ftatute." From this declaration it was reafonably con- cluded that the faid paper was neither ftatute, nor an authoritative precept founded on fta- tute, nor a repeal or fufpenfion of ftatute : it was therefore no rule at all ; and the ftatute de iieftitu & habitu fcbolaftico remained in as full force as if fuch paper had never been written. The Junior Pro&or together with all the Deputies who were then in the Uni- verlity iffued out, ex officio, a Moneo or Pro- gramma declaring the fenfe of the ftatute and requiring obedience to it. This Moneo there- fore, declaratory of ftatute and promulgated by competent authority, is a rule of action to the parties defcribed therein fo far as the fubjecl: matter extends ; and will continue to be fuch, till it is virtually revoked by another Moneo equally ftatutable and authentick. The laft day of Lent Term an Undergraduate Foundationer appeared in the Profcholinm of the Divinity School as a candidate for a Ba- chelor's degree in an irregular habit, which he was known to have worn ever fince the publication of the Programma. The Houfe thought proper to repel him from his degree : this tranfadion is fuppofed to have given oc- cafion to THE OBSERVATIONS ; which we come now to confider. ( 4 ) THE ingenious Author of thefe obferva- tions, having briefly explained the flatute, and taken notice of it's univerfal and perpetual obligation, enumerates feveral deviations from the letter of it which the Governours of the Univerfity have long permitted to take place in the article of Vejlitm or Common Apparel. He offers a candid plea for their connivance at thefe irregularities : I think his plea, fo far as it is applicable, is fatisfactory j only obfer- ving by the way, that to make us appear like ." fanatical round heads" is very far from the letter and fpirit of the flatute and canon ' well confidered and underflood. For the truth of this obfervation I appeal to fact : the Heads of Houfes, the Canons of Chrift-Church, and feveral other Clergymen, do actually " habit " themfelves according to the precife mode " prefcribed by the flatute;" fome of the Lay members of the Univeriity, the Collectors, for inflance, and gentlemen in mourning, fre- quently do the fame : and yet I believe they were never pointed out as " fanatical or ridi- " culous." The author proceeds to mention fimilar de- viations from the flatute in the Habitus or Academical Drefs : he endeavours on the fame a See Canon 74. ( 5 ) principle to juftify thefe irregularities, and alfo to recommend a new one. The chief ir- regularity he would juftify is that of the Un- dergraduate Foundationer wearing a tuft, and his gown in the prefent form : the new one he would recommend is that of a Bateller and Servitor wearing the ftatutable habit of a Foundationer. The principle is * { Decorum, or the expediency of departing from the letter of the ftatute in a matter of fo variable a nature as habit or drefs, in conformity to common ufage and the fafhion of the times ; and thus better anfwering the true delign and fpirit of it, which was doubtlefs to make every clafs of Academics, in due order and gradation, refpectable." The Principle is Li- beral : we will Suppofe it Juft. But it muft, like every other plea urged in derogation of Written Law, be ftriclly taken and cautioufly applied : for in truth, " Decorum, Propriety, " Conveniency," and the like, are rules of in- terpretation very vague and indeterminate; and if ever they mould be deemed fufficient, without very preffing and apparent reaibn, " to abrogate a pofitive ftatute," they would foon reduce us to that undefirable flate wherein they will be our only guides. Now I would beg leave to aik, taking thitf Principle of Decorum in it's full extent, what is the objection to the flatutable habit of the Foundationer ? Is there any thing in it which on a comparifon with any drefs or habit out of the Univerfity would "expofe us to the ridicule " of all the world ?" Or which in reference to other academical habits finks the wearer be- low his proper level ? Does it not approach as near as it poffibly can to that of the Ba- chelor ? Or, if in neither of thefe views it appear unbecoming, has it contracted any flam by it's application ? Has it not 'till within thefe two months been worn by gentlemen's ions, upon Foundations as refpe&able, without exception, as any in the Univerfity ? Surely the Principle and the Statute are not at variance. I would inquire upon the fame grounds what is there fo highly inconvenient in the modern ftatutable habit of the Batteller or Servitor ? Is not his gown excepting the lead poffible variation the fame as the Commoner's ? and would not the propofed reform render his habit equal or fuperior to the Commoner's, and give the Commoner juft ground to com- plain, and afpire to the Gentleman Commoner's &c. &c. &c. eff. ? " But the cap is a mark ( 7 ) " of Servility which it is illiberal to conti- " nue ; the wearer does not appear like a " Gentleman ; Humanity pleads* againft the " ftatute." If the objection be true, it is un- anfwerable : if the form of the cap render his fituation lefs comfortable or refpectable, I wim it were altered : although I humbly ap- prehend, that a little more condefcenfion and countenance from his fuperiors at home would contribute in far greater proportion to his comfort and decent eftimation, than any im- provement in his public habit ; but if his fu- periors have not " Humanity" enough to treat him like a " Gentleman" within his own walls, in vain will he endeavour to appear like one abroad. However, if an alteration in this inftance be expedient on the Principle above- mentioned, mould it not on the fame prin- ciple be as Small as poffible ? for there is alfo a Decorum to be kept with our Statutes. If nothing is more certain than that the primary (if indeed not the only) diftinclion intended by ftatute in the undergraduate habit, was between the Foundationer's and the Non- Foundationer's, which diftinclion we have al- ready loft in refpect of the Cap, why fhould it be wantonly confounded in the Gown alfo, without any reafon of expediency or decency ( 8 ) whatfoever, indeed contrary to both ? (At prefent I put Exhibitioner-Battellers out of the queftion.) Can any caufe be affigned why the loweft clafs of Undergraduates Non-Foun- dationers (hall, in preference to every other Non - Foundationer, and in common with Foundationers, wear the Gown of a Bachelor ? and this in direct oppofition not to the letter only but to the Spirit of the ftatute 3 ? We mall furely make Decorum a Felo-de-fe. It may be a{ked, why does the Principle of Decorum operate fo freely on the Statute De Vejlitu, and not on that De Habitu Aca- demlco ? why is a deviation from the written law fo readily admitted in ,one cafe and fo re- luctantly in another ? The reafon is obvious. Ordinary Apparel is of a variable nature ; we wear it in common with the reft, of our countrymen ; there is therefore a Standard to which we may be conftantly referred, and from which if we differ extremely we may become ridiculous : though it is ppffible we may be too delicate even in this point. But in the Academical Habit the cafe is widely a I will venture to fuppofe that there are not three gentle- men in the Univerfity who confider the ftatutes with any degree of attention, that think this innovation defenfible on any principles whatfoever. ( 9 ) different ; it is Intended to diftinguifh us from the reft of the world, as well as from each other ; it has therefore no ftandard abroad to which it can be referred, or need to be ac- commodated j if it be not at variance with itfelf, that is fufficient. There is indeed a general Decorum and Propriety which mould be uniformly diffufed over every part of it ; as that it be grave yet not fordid, that the gra- duate's habit have more dignity than the un- dergraduate's, and the like : but this, being once well afcertained, is of a permanent na- ture ; and the habit once adopted becomes moreover by conftant ufage and application infeparably connected with the idea it is to convey, and thus obtains an artificial advan- tage over any new one that can be fuggefted. The cafe is the fame with other Regular or Official Habits, thofe of Peers, for inftance, of Judges, or City Magiftrates. They have their Effect from their fingularity, and from the uniformity of their figure and application. A Judge is not expected to wear his Ordinary Apparel like his predecelTors in the laft cen- tury : but mould he vary the Fafhion of his Official Habit every fpring, or change it, for the robes of a Duke, for inftance, or an Al- derman of London, upon every alteration in B the the Miniftry, his drefs might indeed be " as " becoming as poffible," but would foon ceafe to engage reverence. The Judge's Cap is not very modern or graceful, but I believe no criminal ever received a ludicrous or unfuitable impreflion from it; nor did any fenfible man ever find himfelf offended by it, or wifh to fee his Lordmip put on a fafhionable hat. Jufi ib in the Univerfity : habits handed down to us from our anceflors, ftampt with the vene- rable imprefs of law and duty, are as figni- ficant as words ; but if they are to fhift their meaning and acceptation continually, they will foon have none at all: it is an eafy tran- fition from a contempt of the fign to a con- tempt of the thing fignified j and if young men are thus taught by their Seniors to inter- pret away the meaning of plain ftatutes by capricious principles of " Decorum, Common '* Confent, Propriety, Virtual Abrogation," and the like, they will foon think meanly of the Authority that enjoins them, and of the Officers who are to put them in execution : (a confequence already verified in more in- ftances than one a :) they will naturally be led * A Servitor the other day, during an examination in the natural philofophy fchool, had the aflurance, after feveral other Indecorums, to place hirafelf in the Vice-Chancellor's feat : the Regent Mafters could not reduce him to order with- out interrupting the examination, and offering to go for i ( II ) to imagine, that if, in the opinion of fenfiblc and ingenious men, Statute Tit. xiv. is by fome invifible operation become a dead letter, Sta- tute Tit. xv. may poffibly be fo too : that, if the Prodlor is not to be obeyed in one ex- ertion of ftatutable powers, he is not in another: that they have fworn obedience to ftatutes whofe Senfe and Obligation is equally uncer- tain -, to which fome Grave Cafuift may every morning give a different Interpretation or fubjoin a new EPINOMIS; referring them, not to their Domeftic or Public Governours, to " the Heads of Colleges or to the Houfe " of Convocation, but to General Principles ;" which are indeed the bafis of every poiitive institution, but ought not, by an unnatural ap- plication, to be raifed up as batteries againfl it. I do not mean to reflect upon the teachers : but I take the freedom to charge the DocTrine with it's proper confequences ; and I believe I am not fingular in my manner of deducing them. TH E Author of the obfervations feems to confine his views entirely to Chrifl-Church : if he thinks the Gentlemen whofe opinions he is difcuffing ad: under any perfonal or colle- giate prejudices, it may be fafely affirmed that ' B 2 he does 'not do them juftice. The writer of thefe remarks can truly declare for his own part (what he knows to be equally true of many others) that he has a perfect refpect for the Society, and a fincere friendfhip for feveral of it's members. It is not therefore his wifh to make particular applications ; however, as the Author has fet him the example, he doubts not he mall be candidly attended to if he takes the liberty of following it. It is alledged "that Undergraduate Fellows,