BSTC THOUGHTS O N SUBSCRIPTION T O RELIGIOUS TESTS, PARTICULARLY THAT REQUIRED BY THE UNIVERSITY OF CAMBRIDGE, OF C A N D I DA T E S F R T H E DEGREE OF BACHELOR of ARTS, IN A LETTER TO The Rev. H. W. COULTHURST B. D. . FFLLOW OF SIDNEY COLLEGE, AND MEMBER. OF THE CAPUT SENATUS. WITH AN APPENDIX. By WILLIAM F R E N D, M,J, FELLOW OF JESUS COLLEGE, CAMBRIDGE. THE SECOND EDITION COR.RECTED. *' HE CAUSETH ALL, BOTH SMALL AND GREAT, RICH AND POOR, FREE AND BOND, TO RECEIVE A MARK IN THEIR RIGHT HAND, OR IN THEIR FOKF-HEAD: THAT NO MAN MIGHT BUY OR SELL, SAVE HE THAT HAD THE MARK, OR THE NAME OF THE BEAST, OR THE NUMBER OF HIS NAME." REV. Xill. 16, 17. L O N D O N : PRINTlbroR t.TOHNSON, NO. 72, S T. F AU L'S C II UR CH Y ARD . ..NL) JJLIJ BY THE BOOK b t L 1. 1 R S IN CAMBRIDCE AND CANTERBURY. MDCCLXXXIX. PREFACE TO THE SECOND EDITION. IN the early ages of the church the world was filled with complaints of the cruelties {he fuffered from both jews and gentiles : gaining ftrength by- degrees, and finding herfelf in a fituation capable of refiftarice, fhe repaid her former wrongs with tenfold vengeance on her adverfaries. The crofs was eredted in triumph in the capital of the world : the oracles of the gods were filcnced : the mouth of philofophy was (hut, and the unenlightened heathen-, lamenting his ancient worihip, frequently- renewed it when the rocks or woods afforded him a retreat from the favage priefts of the new idola- try. The church triumphant forgot her former apologies, and having defeated her enemies, be- came a prey to civil diffentions. A civil war is at all times remarkable for its cruelty : cruel then mufl that war have been, when the paflions were excited only by a zeal, real or pretended, for religion. A 2 Th<; ( iv ) The wars of the church afforded fiifficicnt rca- fon to a heathen emperor to declare, that of all favage beads he had either leen or heard of, a chriitian was the worft . The hiftory indeed of the church lays open to our view fcarce any rfiing but fcenes of deadly feud : the arian with the athanaiian, the greek, with the romifh church, the romifli church with the proteftants, the lu- therans with the calvinifts, the englifh church with the difi'enters, each exercifed againft the other tiie moll inveterate malice and cruelty, and, each as in its turn victorious, amply verified the tefti- mony of the emperor. The zeal of the romifh church has depicftured in the liveliefi: colours the horrid outrages com- mitted by barbarians on her flints -, the proteftants in their turn fliew the fame pictures under a change of names : Cranmer prefided at the trial of a he- reiic, and Calvin gloried in the murder of Ser- vetus. Tlie philofopher reading this hiftory, ftained in every page with . the blood of thoufmds of his fpecies, looks on the difputes which occafioned fuch ravages with contempt, and on the adlors in the bloody fcenes with horror. Indeed the mind of every man recoils at the recolledion of thcfe tranfitlions : here are rlo generous paftions ex- cited, we fee no inftances of magnanimity on the fide of the conquerors, but the victory is gained, and the fentencc of death is pafTed by a cruel and vindidive prieft writing with compofure in his ftudy. Yci ! the philofopher and every man of feeling and honour m\ift he fliocked at the very name of the church, a name inimiccd to virtue, inimical to religion, inimical to the beft and dcareft rights of mankind. Rut let not the phi- lofopher, nor the man of feeling and honour aflb- ciate ( V ) elate together the hiilory of the church and of Jefus. The mild and amiable founder of chrifti- anity taught mankind to be good and to be happy : the church, in every part of the world, endeav;ours to endave mankind, to make men hypocrites and knaves. That " priefts of all religions arc the fame" is the ftanding theme, it is faid, of every profane perfon, who endeavours to cover his own incre- dulity or debauchery, under an afFctled concern for the liberties of mankind, or a deteftation of cer- tain vices, which at various times have infed:ed a few among the clergy. It may be fo. I do not pretend to vindicate thofe v/ho ai-e incredulous from want of inquiry, or debauched through want of principle. Yet fuch men are capable of difcerning the vices of others, and the priefthood in vain covers by hypocrify ths fccret love of ar- bitrary power. We do not applaud the antiquated prude, that expofes malignantly the frailty of her filler, yet the moft amiable of the fex cannot par- don the infidelities of an adultrefs. In holding up the chureh to public view as impious and deteftable, I do not involve in one common cenfure every individual, v/ho has been initiated in her myfteries. The humble curate and the benevolent pallor, whom ancient preju- dice, or the determination of parents, have iniilled under the banners of fallehood, who mifcruided early in their lives, preach up a better dodrine than the church has given them, and imitate the founder of chriftianity rather than modern pre- lates i thefe men are unhurt at the reproaches call on their profeflion j they ' are iar removed tvom the intrigues of bifhops, arc rarely f en in palaces, and inxtrudl their flock with a meekners worthy of a better caufe. And virtue is not always confined to ( vi ) to the Inferior clergy ; there has been a Ganganelli among the popes, and I myfelf have experienced that condefcenfion and affability in the higheft fta;ion of the Englifh church, which is too often unknown among its inferior dignitaries. It is the inftitution * we delpile, not the mdi- viduals who compofe it. As a man, I hold it in contempt , becaule it has always been unfriendly to the civil liberty, the domcftic comfort, the moral and literary improvement of man : as a chriftian, I abhor it^becaufe it is entirely repugnant to the conducl and exprefs command of our Lord and Saviour Jefus Chrid. i I do not fpeak thus out of pique or refent- ment. My fears at one time fuggeiled much greater evils to me than I have hitherto experienced. The voluntary refignation of part of my income, and of all expectations from the church was a neceffary facrifice to truth. The lofs of a civil employ- ment, and tv/o thirds of my remaining income, were to be expeded from the prevailing maxims of the church. . Still I rejoice, that we live in happy times compared with thofe, when a Cran- mer was dragged by an academic audience to the flake ; or a Whifton was expofed to the arbitrary proceedings of a vice-chancellor and the heads of colleges. The univerfity of Cambridge f is entitled to a confiderable degree of credit for the frequent at- tempts Le Prfitre corrompu, dans fa perverfite, N'admet qu'une vcrtu ; c'eil la credulite. 11 profcrit la jiiftice, ct la iiere ignorance Fait plier a (on joug livcuglc cbciffance. La lombre hypocriiie exigc des humains Non le cuke du coeur. f The only perfon who attempted publicly to vindicate fubfcription, on the lall attempt, was Dr. Kipling, Deputy Profeflbr ( vii ) tempts that have been made by feveral of her body, to abolilh the badge of flavery introduced - by Profeflbr of Divinity, who, in a commencement fpeech, by his fcurrility and want of argument, gave univerfal difap- probation. Dr. Edwards very properly called on him to make good his^ aflertions ; but the Deputy, perfuaded that the public will not acquiefce in a lilt of quotations from obfolete ftatutes, has hitherto been filent. To the Deputy frofeflbr of Divinity in the Univerfity of Cambridge. Rev. Sir, Having taken an aftive part in the Grace /or the aholitien of fubfcription at the time of taking the degree of Bach'elor in Arts, which you was plealed to make the fubjeft of your Commencement Oration, and to cenfure with unbecoming virulence and afperity of language ; I think myfelf fully entitled to requeft of you, in this open manner, to lay your fpeech before the public, as I might be guilty of injuftice, both to you and myfelf, Ihould I attempt to anfwer it from memory alone. Whenever it appears in print, I pledge myfelf to reply to each particular, which may appear to merit animadverfion. In the mean time, let me ierioufly afk you, whether the language, which you made ufe of ia " fpeaking of Dr. Prieftley, was worthy of a divine, a chriftian, or a gentleman? Surely, Sir, the imputation of ^dcilfid atid deliberate tying ought not to be faftened upon any man but ia cafes of moment, and where the intention of propaoating a falfchood is palpably manifell. When you fiivour the pub- lic witli your compofition, I hope clearly to fhcw, that if Dr. Prieliley has been guilty of any overfight in the paffage you allude to, IX. is mereXy z. 'verbal i?iacci(racy, not a mifre- frcfcntution of fad. Believe me. Sir, whatever opinion the world may entertain of Dr. Prieftley's theological notions, they will not hefuate to ratify with their unanimous fuftragcs his fuperiority over the Deputy Profeflbr in every depart- ment of Icience and literature : Have you difplaycd that knowledge in divinity, that fkiil in criticifni, and that com- mand of language, which arc indifpenfably ncccu'ary for .the proper difcharge of your ohice ? It is idle to ulledge, that C viii ) by a pedantic tyrant, and now upheld by the for^ did intereft of a few. Her filler on the banks of His bends under the galling yoke : overcome with torpor and floth. Hie even hugs her chain without a fingk attempt to be relieved. There the youth, on his admiflion, is compelled to fign thirty-nine articles which he never read, and is taught, by this early violation of honour, to difregard every prin- ciple of morality, which his tutor might afterwards pretend to inculcate. that you have not ftudled thefe points : for, if yea perceived Toarfelf not qualified for the employment, why did you un- dertake it ? and why, fmce you did undertake it with an acknowledged confcioufnefs of your inability, do you now decide upon controverted topics with all the dogmatical affurance of the moll profound theologian ? Permit me therefore to fubmit to your attention a few friendly admonitions :~-Prefume not in future to ftand forth as the champion of orthodoxy : Ce^fe to weary the Uni- Terilty with your feeble and impotent defences of the efta- blillied liturgy : be fatislied with fupporting in your fchool the (hadow of a difputation : Publiih your fac-fimile of Beza hut --ivhhout a preface : If you regard not the cha- jadter of another, learn at leaft to refpedl your own. I am. Rev. Sir, Your obedient fervant, T. EDWARD S. ( ix ) P RE F A G E TO T H FIRST EDITION. THE writer of the follov/ing pages is well- aware, that there are in them paffages, which will give offence to the orthodox ; but he is very Ibrry, that his relpeft for the gentlemen of that perfuafion, muft give place to his regard for truth. Sincerity appears to him of much greater importance, than the fictitious advan- tages faid to be derived, from a particular mode of worfhip : and as, by a painful and impartial ftudy of the holy fcriptures, he has difcovered the horrible impofitions, under which he for fe- veral years laboured, he thinks it his duty to take the prefent opportunity, of difavowing every principle, contrary to the gofpel of his Lord and Mafter Jefus ChrifV, to which, from the pre- judices of his education, he has at various times fubfciibed. While he thus endeavours to remove the fcandal, that he may have brought on the chriftian profefilon, by a compliance with the traditions of men, and gives a public tefti- mony ( ^ ) mony of his difbelief of various corruptions of chriftianity, he requefts the reader to confider the natural caufes, by which a young man was deceived, and to accept of the following decla- ration, as an atonement for the errors of his con- dua. Whereas I, William Frend, did at feveral times, within the years 1780 and 1784, fubfcribe to the articles and doctrines of the church of England, as by law eftabiifhed, being now con- vinced, by an attentive ftudy of the holy fcrip- tures, that many things contained in the faid articles, have no foundation whatever in the holy fcriptures, I do hereby declare my difbelief of many of the faid articles and doctrines, particu- larly of the fecond, the fifth, and the eighth articles of that fummary of faiih, commonly cal- led the thirty-nine Articles : and whereas from November 1780, till June 17*7, I did officiate as a mini^ler of the church of England, I do moreover declare, that there are many parts of its liturgy, to which I have infuperable objec- tions, particularly to the prayers addreiled to Jefus Chrift, and to the Trinity ; and as univer- fal benevolence fecms to be the ftriking charac- ter of the religion of Jefus Chrift, I cannot conclude this declaration, without exprelling my abhorrence of a tenet inculcated in one part of the faid fervice, by which every perfon differing in opinion, as to fome obfcure points of an obfcure creed, is doomed to everlafting perdi- tion. Sec the creed, vulgarly afcribed to Saint Atha- nafius, and appointed to be read on certain days in dl churches. The writer of the declaration, wantinor ( xi ) . wanting words to exprefs the horror he feels, at the prcfumption of mortals, to infiid a fentencc of condemnation on by much the greater part of mankind, miift beg leave to borrow a pallage on the fame fubjedt, from the fermons of Dr Watfon, the prefent bifliop of Lilan^aff. " Ye proud and perfecuting ecclefiaftics ! by ' whatever titles ye may be diftinguilhed, to ** whatever feft ye may belong, who in the fury " of your zeal exclude from the mercies of God, * all men who cannot apprehend tiie doftrines " of chriftianity, in the fame fenfc in which " they are underftood by you, by. your church, *' or party ; who arrogate to yourfelves the " high prerogative of deciding ail controverfies, *' removing all difficulties, explaining all myf- ** teries -, who ralldy prefume to judge, and to " condemn the fervantsof another matter ; could " ye be brought to know v/hac fpirit ye are of, " to become the true difciples of the meek, the " patient, the commiferating Jefus ; how would *' the church of Chrift, as a pattern of peace, ** love, and charity, allure into its bofom every *' beholder; inllead of frightening jev/ and gen- " tile from it, as a moniler pregnant with per- " fecution for confcience lake." P. 168. To thofe perfons, w'ho may be furprifed, that the writer Ihould openly declare his opinion, he recommends the perufal of Cour.ay;-;r's lail Sen- timents, and the following extract from the Pre- face to the lall Thoughts of Dr. Whitby, whofe Commentaries are in great reputation, though he out-lived many o])inions, which lie had pub- lifhed in them. And if thefe pcj fons could not leave the world without a bcqueft of their la(t lentimcnts ( xii ) fcntiments to it ; which perhaps through ffear they concealed while they were alive ; it fiirely is highly proper in every one, who lives in better times, to exprefs his conviction of the many errors, which have either entirely deftroyed the great truths of chrillianity, or overwhelmed them with indifference or fanaticifm. " It is rightly and truly obferved by Justim ^* Martyr, that an exaft fcrutiny into things " doth often produce conviction, that thole t* things which we once judged to be right, are, << after a more diligent enquiry into truth, found to *' be far otherwife,- And truly I am not afhamed f' to lay this is my very cafe. For when I wrote " my Commentaries on the New Teftament, I <^ v/ent on (too haftily, I own) in the common with ( 2 ) with the power of a negative on every grace, offered in our fenate ; yet you. Sir, are bound to exert this power according to realon and juftice, not in an arbitrary, wanton manner. With thefe opinions of your prerogative, give me leave, Sir, to exprefs nny furprize, that you fhould have prevented the grace of Dr. Edy/ards from being propofed to the members of the fe- nate *. You knew that it was on a fubjeft, which had occafioned much debate at different times, not only in the univerfity, but in the nation at large. You knew that it was not contrary to our ftatutes. You knew that fubfcription to a reli- gious teft was originally impofed by an a6l of the fenate, and had frequently been altered oy the fame authority. Surely then, it became you, Sir, to be in fome degree diffident of your own wif- dom, and to allow to your brethren a portion of judgment. Either you affumed a degree of felf- fufficiency, which, from my long acquaintance with the many excellent qualities you poffefs, I am loth to attribute to you -, or, you fuppofed that the fenate were degenerated from the ftandard of ancient times, and not fit to be intruded, like their predeceffors, with queftions of importance. The exertion, Sir, of your power is a public aft. As fuch, notwithftanding the extraordinary notions maintained concerning that power, I lliall efteem the exercife of it liable to the cenfures of the * The following article appeared In the Cambridge paper of Dec, 14, 1787. On Tueiday the iith infl. a grace for ( 3 ) the public, and call upon you in this open man- ner, to juftify yourfelf before that impartial tri- bunal. The queftion was fimply this, Whether a young man of twenty, whofe time has been fully employed in the purfuit of natural know- ledge, ihould fubfcribe to dodlrines which he has never examined j whether a young man of twenty, who has been encouraged to exert his faculties, without reftraint, in the purfuit of philofophical truth, lliould embrace, without hefitation, certain opinions, on which men, the moft refpedable for learning and wifdom^%ave in every age and nation been greatly divided ? Extraordinary as it may appear to the public, you. Sir, who are not with- out diftindbion among us for philofophical merit, have, by an aft of arbitrary power, taken to yourfelf the decifion of this queftion : but as it cannot be prefumed, that you have afted without a motive, both in juftice to yourfelf, and to the members of a learned body, you are bound to produce your reafons for this condu6t. You will, perhaps, Sir, be difpleaied with my ftate- ment of the queftion ; if fo, indulge us with your own. Having fubfcribed to the different forms, required by the univerfity, at firft, like yourfelf, and other young men, without any conviftion, or even examination, of the dodrines to which I fubfcribed; and afterwards firmly believing, ac- cording to the knowledge I then had, the thirty- nine articles of the church of England, I do not think myfelf entirely incompetent to examine the effefts produced by fuch fubfcription, and its real utility. From wliat I have done myfelf, and what I daily fee others do, I muft maintain the opinion already advanced, that a young manfubfcribes to doctrines which he has never examined, and on which there is a vaft variety of opinions. B 2 To ( 4 ) To judge properly of thefe pofitions, it will not be neceflary to enter into a long detail of the ftudies, in which a young man is engaged, before he takes his firft degree. Let it fuffice, that a courfe is laid down for him, requiring, during the three years allotted for it, a degree of afllduity and (.iligence, to be met with only in the ftudents at Cambridge. In this courfe, you know very well, that divinity has no place, and that from the multiplicity of bufinefs in which the ftudent is engaged, it is impoiTible for him to give it the attention a fubjed; of fucK'high importance de- mands. At the end of fomewhat more than three years, when the time is come that he muft difplay his knowledge, and for four days undergo an ex- amination, not to be paralleled perhaps in Europe ; when his mind is wholly intent on the meditations of his paft years, and he is full of anxiety on the event of the approaching conteft, as a previous ceremony to his admiflion into the fenate houfe, "he is called upon to declare his fentiments on re- ligion. Were this done with the folemnity fuch an acl required, a paufe might be made in the young man's thoughts, and he might naturally be fuppofed to perform it with a due fenfe of it's importance. He might be led to inquire, whether he really did believe what he then fubfcribed. But the fact you know to be this ; the candidates go in numbers to the proftor to pay their fees j from thence to the regiilrary to fign their names. Their converfation is on the topics mofb intereft- ing to them, tiie approaching examination. The religious tefl is entirely out of fight, and if the Koran or Shanfcritte were to be fublcribed to, the impofition would fcarce be difcovered by the fub- fcribers. I do folemnly declare, and I believe it was the cafe with many others, that a confiderable time ( s ) time elapfed before I knew precifely what I had fubfcribed, and aflually fuppofed, till I was bet- ter informed, by an elderly member, of the univer- fity, that my fubfcription had been to the thirty- nine articles. If credit. Sir, may be given to this account, and if not, I recommend it to you to Hate it other- wife, before the public; it appears that all, or by far the greater part of the ftudents fubfcribe with- out any examination or accurate knowledge of the things fubfcribed : in other words, they confider fubfcriptions as a matter of form *. From the confideration of the fa6b, let us turn our thoughts to the form fubfcribed, with the hillory of its introduftion into the Univerfity. The form is, " I A. B. do declare, that I am, bona fdcy a member of the Church of England, as by law eftablifhed." The original form was " We whofe names are under-written, do willingly, and ex animo, fubfcribe to the three articles before- mentioned, (namely, the three articles in the 36th canon) and to all things in them contained." f Till the reign of James the firft, no fubfcription was required s but this wife monarch, who was a B 3 prefbyterian * Jufl as an oath is confidered in the Cufioms. Whiflon and Clarke were one day on board a fmall fhip belonging to LoweftofF, when they obfervcd two feanien jointly lifting a vcflel out of the hold. Another, Handing by, afked one of them, who was looking down the hold, wiiy he did not turn his face away ? Upon which he turned his face away, but con- tinued to aflift in lifting as before. The meaning of which they underftood to be this : that he would be obliged to Iwear he/aTJu nothing taken out of the hold ; not that he rod nothing out of it. This, faid Whiflon, is a feaman's falvo for luch errant perjury ; and this is the conicqucnce of our multiply- ing oaths on every occafion. Hid. Memoirs of the Life of Dr. S. Clarke. f Of thefe two forms it may be faid with the old proverb-, idem Monachus fed alio cucullo indutus. ( 6 ) prcfbytman in Scotland, an epifcopalian in Eng- land, and a tyrant every where, determined, that all (Indents Ihould fublcribe to his ridiculous fan- cies. With his letters the Univerfity fervilely complied *. The hoafe of commons, in the year 1640, did not enter into the fentiments of this Solomon of the North ; for they declared, " That " the ftatute, made about 27 years fince in the " univerfity of Cambridge, impofing upon young ** fcholars a fubfcription, according to the 36th " article of the canons, made in the year 1603, is *' againft the law and liberty of the fubjeft, and ** ought not to be prelfed upon any ftudent or gra- " duate whatfoever." This declaration had only a temporary efFedt in Cambridge till the year 1772, when the queftion on fubfcription having been much agitated, both in parliament and the uni- verfity, and the abfurdity of demanding the fub- fcription of a young man to the thirty-nine articles being fully feen, it was thought necelTary to take fome ftep to remove the odium under which the univerfity laboured, in the eyes of the world, from a practice contrary to religion, liberty, and com- mon fenfe. The ruling powers would not admit a grace, offered by a man, whofe enlarged and comprehenfive mind faw the folly of making bar- riers to the invelligation of truth. He propofed, that every one who performed the exercifes required by the flatutes, fliould be admitted to his degree without any fubfcription. But philofophy had not fufficiently opened the eyes of men : they were dazzled with the fplendor of truth ; and, half fhut, admitted only a feeble ray. The fubfcription was modified ' For you know that fort of men are taught rather to obey th-in underfland ; and to ufe the learning they have, to juf- tify, not to examine, what their fuperior-s command. Letters fro;n a pcrlbn of '.jiuility, Locke's Works. ( 7 ) modified by a man of a very different charader, who, not willing to give up the lead point, thought, tiiat by the infertion of the words " bona fide," the public might, by the Ipecious change, be again lulled to deep. This fubfcription is now binding on every candidate, for the degree of Bachelor of Arts. In laft June, notice was given, that a Grace would be prefented in the following term, for the removal of this fubfcription j and papers were dillributed, containing the ftate of fubfcription required by the laws of the univerfity. It was prefumed, from the length of time intervening between the notice and. the propofal of the grace that every member of the fenate would give the fubjeft ample inveftigation, and determine on it without prejudice or partiality. The refult of thefe preparations was, that when it was propofed by one of the firft literary chara6ters among us, you. Sir, thought fit to ftop all proceedings j and, by your ipfe dixi, to prevent the determination of the fenate on its merits. Is it confiftent. Sir, with your charafter as a chriftian, and a teacher of chriftianity, to aft in a manner, which, as I have faid to you in private, I muft alfo maintain it openly, is diametrically op- pofite to the plan of your mailer and his apoftles ? They endeavoured to teach people ; you will not teach, but infill upon affent. You do not defire convi6lion, but compliance. You care not whe- ther we do, or do not, underftandthe tenets of your faith ; and have therefore determined in your own mind, that all fliall fubfcribe to what they cannot poffibly comprehend. This latter pofition I will endeavour to prove. A church is a colle6lion of men joined together by fome religious principle of union. To be a member of any church, a man mull neceflTarily B 4 affent ( 8 ) afTent to the principles of union, laid down by the fociety which compole it. Thefe principles are of two kinds ; relating either to the form of go- vernment, or to the doftrines of the church. In the church of England, the principles of union are eftablifhed by law. A perfon may conform to any church, by attending its fervices ; but he cannot be a member of it unlefs he believe its doftrines : again, he may believe the do6lrines ; though, if he do not conform to the difcipilne, he is not a member of that church. There are in- ftances, abundantly fupporting my argument, in our own nation. Trifling is the difference of doftrine, between an orthodox prefbyterian, and a member of the church of England. Yet the one cannot be a member of the other's church, on account of the diff'erence of forms j and the hif- tory of the two fefts is full of that rancor and ani- mofity fo much in fafhion, fmce the corruptions of chriftianity have been upheld in the world, by the arm of power. A perfon may be brought up ia either of thefe churches, by habit or education, frequent their places of worfhip, and yet not be a member of either. The fingle circumftance of going to this or that church, does not determine the queftion. Some one, perhaps, will be ready to fay, if this be the cafe, Whence come all the quarrels in the world, fince fo few people, ac- cording to this account, are members of the church for which the others fight, fquabble, curfe, fwear, bear malice and bully ? You and I, Sir, who are a little in the fecret, may whifper in the ear of fuch an one : two- thirds of thefe quarrels proceed from knavery and priell-craft. Let tliem alone ; let them kick and cuff; let them throw into prifon their antagoniit ; ftarve him to death, or more mer- cifully broil him on a flow fire for the good of his foul. ( 9 ) foul. Thefe poor wretches either care nothing for, or underftand nothing of, the religion for which they contend. Some foreign circumftance has got poffefTion of their minds. The priefl, for tem- poral gains, delivers over the heretic to the fe- cular arm ; and the mob, from the inftigation of a fa6lious leader, burn and deflroy in the metro- polis *. But let us leave thefe poor wretches to their own miftaken notions, and go on with our fubjeft- Should a perfon declare that he is verily and fin- cerely a member of any church, it muft be under- ilood, that he not only conforms outwardly to its ceremonies, but believes its do6lrines ; other- wife it would be fufficient to fay, " I do declare that I do conform to fuch a church." Now, no one will, I believe, allow this to be the meaning of the words, " I do declare that I am bona fide a member of the church of England ;" that is, fe- rioufly, confcientioufly, and truly, a member of that church \ conforming to its praflice, and believing its doctrines. It is well known, that in England there is no dearth of fed:s. There are Papifts and Calvinids, and Church of England- men, Baptifts and Antinomians, Socinians, Arians and Sabbatarians, Prefbyterians and Methodifts. I have not enumerated a tenth part of them : they have all particular tenets y and unlefs a perfon believe them, how can lie declare that he is " bona fide " a member of any of thefe fefts. With rcfpe^t to the tenets, they appear to me not to be learned or refuted in a hurry. The young man of Ox- ford, had probably iludied his religion before he went Let it be remembered, to thedifgrace of ihi? age, and of Englilhmen, that in the year 1780, the ilate wa. brought to the verge of dellrudion by a mob collcdcd on tfie Ipcclous pretext of religion. ( "O ) went to convert the Jefuits ; yet they were too hard for the poor fellow, and made a convert of him. The tenets of the church of England are not to be learned more eafily than thofe of any other church, whether you take the thirty-nine articles in the lump, or fuch as are called the lead- ing points. At any rate, they are faid to depend on a book, called the Bible, for their fupport. Now this book is not to be digefted in a moment : and yet, confiilently with the declaration of a young candidate for his degree, he mull have read this book, brought the opinions of his church to the teft -, and having fully weighed the do6lrines with the proofs, he may then fincerely declare, if his inquiries have been favourable to the eftablifhed faith, that he is a member of the church. How a young man, engaged as I have defcribcd him, can pofTibly do this, appears to me perfectly incomprehenfible ; and if he do it not, the declaration feems to be a matter of farce, a mere play upon words. But it is urged by fome, that there is no ne- cedlty for him to have examined all the folios of theological controverfy, which, involved in cob- webs and dull, now make tlie bafis of learned libraries. It is fufficient for him, that in general he have no obje6lion to the doctrines, and like his own church better than any other. Error latet in generalibus. This opinion either means fome- thing or nothing. If it mean any thing, it is that he likes the doflrines in the lump, though he does not trouble himfelf about any particular no- tion. If the thirty-nine articles were like a rich plumb cake, whofe excellence depends on the proper mixture of its component parts, this argu- ment would be valid. Again, how can he like his own church better than any other, unlefs he know 1 1 know fomething of the others ; which a young ijian of twenty is not more likely t do, than he is to comprehend the thirty-nine articles of thcs church of England, or the decrees of the council of Trent. -- Upon the whole, then, I, Sir, reft my pofition on this bafis, that the form has a meaning than that meaning is not a declaration folcly of con- formity that the doctrines of the church are in- volved in it that a young man of twenty cannot know whetlier they are right or wrong ; and, therefore, that the univerfity, contrary to her prin- ciples in other ftudies, obliges a ftudent to fub- fcribe to things which he does not underftand. ^ As fo great a facrifice of faith is required from our youth, it may not be ufelefs to examine upon what grounds a fentiment fo contrary to the ideas of men of ordinary capacities, could have been maintained. From the moment that the queftion of the repeal of fubfcription was ftarted, I attended diligently to the objections that were raifed againft the grace. The arguments, however diverlified, flowed, as will appear in the fequel, from one fingle fource. They were chiefly thefe : that the grace came from the unitarians that a re- moval of fubfcription implied a defeftion from the church that as the ftate had lately refufed to take ofl" the yoke of bondage from the neck of the diflienters, it would ill become us to a6l: with liberality that the eftablifliment of the church is interwoven fo clofely with the conftitution, both of the nation and the univerfity, that the moft dif- tant attack upon it, would be detrimental to the ftate that the ftatutes both of the univerfity and private colleges, are planned on the idea, that this place fliould fupport the eftabliflied religion, be it right or wrong laftly, and principally, that ir would ( li ) would open the door to diflenters o( all denomina- tions. Firfl, That it came from the unitarians. Is the grace lefs ufeful, fuppofing this to have been the fad ? Is the grace iefs ufeful becaufe it comes from men who have a firm belief in the Creator of the univerfe, the God and Father of our Lord Jefus Chrift ; who look upon the ftate of their exiftence here, as a ftate of trial ; and, through their Lord and Saviour Jefus Chrift, and the pro- mifes of his God, look forward to a future ftate of eternal happinefs ? Do not thefe men regard, with as fevere an eye, the vices that degrade human na- ture, as the orthodox ? Do they claim a right, from their belief, to difobey any laws of the ftate, or the univerfity j or rather, unlefs thefe laws in- terfere with the duty they owe to God, prefcribed in his revelation, do they not adhere more rigidly to them than the orthodox ? But the orthodox, unfortunately, know neither the tenets of their own fedt, nor of. thofe perfons whom they affeft to vilify, much lefs are they acquainted with the principles of the religion of Chrift and his apof- tles, who exhorted all to examine diligently for themfelves, and inftead of confining the mind by bands and fetters, univerfally prohibited them from changing the commandments of God, for the traditions of men. I have no objeftion, however, to this argu- ment, particularly as it was urged with fo much warmth by the adverfaries of the grace. They evidently declared by their fears, that the number of unitarians in the univerfity muft be very confi- derable. It may be fo. But within the fmall fphere of my acquaintance, I cannot count up more than twenty mafters of arts, who openly avow ( '3 ) avow their fentiments, and renounce entirely the trinitarian worlhip of the church of England. It was urged to thofe, who imagined that the removal of fubfcription implied a defedtion from the church, that the church muft furely ftand upon better ground than the fubfcription of a young man of twenty, especially as her doftrines and her forms were not involved in the queftion. But in vain does onq attempt to argue with men who have got a word, like a magical talifman, to an- fwer every turn. The church was the .watch- word in this conteft j like original fin in the mouth of the calvinift, or grace with the methodift, the church obtruded herfelf every moment ; at the found of the word orthodoxy flood appalled, and trembled for fear, left the fteeple fhould over- whelm him with its ruins ! The next argument was divulged with greater confidence : that as the ftate had rejefted the pe- tition of the diflenters, this was not the time for us to remove tefts. How eafy is it, Sir, to con- found a plain queftion. The young ftudents are ROt difTenters : it is not defired that they ftiould be releafed from fubfcription becaufe they dillike any form of church government, but fimply be- caufe they are not old enough to examine the queftion. Befides, if we are to attend to the fquabbles of parliament, and to be guided by the decifions of party, as one or other happens to gain the majority, let the refolution of 1640 be attended to ; when, without difparagement to the prefent houfe of commons, there fat in it nen of integrity and virtue ; lovers of their country, of civil and religious liberty. The mean idea that our fenate is to depend on the beck of a minifter, is not fuited to the prefent times i on the con- trary. { J4 ) trar\', I am confident, that if in this place every propofition refpec^ling learning and religion were thoroughly canvafTed, its dccilions would be at- tended to with refpeft by the world at large. We are fuppofed to apply ourfelves conftantly to the dilbovery of truth, and it is our duty to be thq. firft to declare it to our country. A formidable argument now appears : that as the eftablifhment of the church is interwoven clofely with the conftitution, both of the nation and the univerfity, the moft diftant attack on it would be detrimental to both. I take the liberty. Sir, of denying this propofition, in the whole, and in all its parts. With refpe6l to the attack, I deny that the church is attacked : and were an at- tack made on the church, I deny that it would be detrimental to the flate. Would the flate be ruined, if all kinds of fubfcription were removed, whether the fubfcribers be parfons or do6lors of phyfic ? Would our foldiers be lefs courageous ? Would our fallors be lefs daring ? Would the clergy be lefs pious ? Wottld the flocks rife or fall a fingle farthing on that account ? Would the members of our houfe of commons be lefs zea- lous in the fupport of our rights ? Would the taxes be encreafed ? In fhort, Sir, you would do mankind a favour, by mentioning a fmgle circum- Hance which can countenance the abfurd polition of dinger to the flate, from the removal of our fubfcripcions. We live, thanks be to God, in other times, than thofe, when a vile priefl could tear the crown from the brows of his fovereign, or, with impious contempt, trample on the rights and privileges of his fellow citizens. But this argument defervcs farther confideration. The { '5 ) The alliance of church and ftate is a very fa- shionable topic *. Take the word "church " in any fenfe you pleafe, it does not appear, that the ftate will be in the leaft endangered by any attack upoq it. Let it be a colleftion of men enjoying immenfe incomes, places of honour and dignity, and high founding titles. Now I will fuppofe, what many will be apt to call a violent attack, and yet main- tain, that the ftate is not in the leaft endangered. The attack is fimply this take away its high founding titles, which I cannot find in the book of the New Teftament : take away its tithes f , for I fee The very word "alliance," (hows the impertinent folly of the high prieft. Alliances are formed between independent focieties. How came the church to be an independent fo- ciety ? From the New Tellament it appears, that fubordi- nation to civil government was inculcated both by example and precept. The civil rights of a man are not fuppofed to be at all aiFefted, nor ought they, by his religious opinions. On the other hand, it was the great aim of popery to eftablifh the independency of priefts, that is, to form an imperium irt imperio, of which his holinefs was to be the fupreme head. Having once gained this point, he was in effeft, not only the ipiritual, but the temporal, head of all Europe. f Tithej^ appear to me injurious to religion, and detrimen- tal to the ftate. Injurious to religion, becaufe they have a tendency to make the paftor independent of his flock little anxious after their fpiritual welfare unconcerned about re- ligious duties defirous of gain a lover of pleafurc, more than a lover of God. They are detrimental to the ftate, becaufe they difcourage agricultuie create vexatious fults are opprcffive to thofe, who, not following the eftablifhed dogmas, arc obliged to contribute to the fupport of the teach- ers of them. It may appear a paradox, but I think, that they are not the beft payment of the clergy in general. Particu- lars, without dubt, are much benefited by this mode, name- ly, lord bilhops, great dignitaries, and pluralifts. But how fmall a ftiare of them falls to the moil i.iborious and ufe- ful part of the order, the officiating clergy 1 Befides, I can fcarcc think them conftitutional. Our fovcreign, our army and ( '6 ) fee nothing about them in the word of God : lend my lords, the bifhops, to their fpiritualities, to the flocks of which they are overfeers. I protefl. Sir, that if all this were done, I do not think that the French would invade us, that the Bank would be burned, that there would be the flighteft infurreftion among the people. The deliberations of parliament would not be interrupted -, the king would and navy, are fupported by annual taxes ; this is a perpetual tax, laid on in barbarous times by our fuperftitious anceftors. They could give away, it is allowed, their lands, but how- could they appropriate the produce of tliofe lands, which, in a courfe of time, from the induftry of the cultivator, be- come worth a hundred times their original value. One would not make too great an innovation in a moment ; but if in Yorkshire and Northumberland, the experiment were tried, and, upon the deceafe of every incumbent, the tithes (hould ceafe in his parifh, religion would perhaps gain ground ; and, if the experiment fucceeded, other counties might upon petition have the fame privileges allowed to them. In this cafe, patronage and other eccleiiailical rights are fuppofed to continue as ufual. When this reform has taken place, it may not be amifs to appropriate the revenues of the cathedral and collegiate churches, in thefe counties, to the purchafe of tithes in lay-hands, by which the occupiers of land will be freed entirely from this odious tax. <, Many of my clerical friends have been offended at the preceding note, but they have given me no reafon why I fhould change my opinion. So far from altering a word in it, were I a member of the houfe of commons, I fhould take the rft opportunity of calling the attention of the houfe to this ccclciiaftical grievance. I would propofe, that after a certain day, (fuppofe ten years from the time of pafling the aft,) tithes Ihould ceafe in this ifland ; that the ellates in the pof- feflion of bidiops, cathedral and collegiate churches, oi' ap- propriated to livings, lliould be fold. The money accruing from this fale, together with Queen Anne's bounty, and the fale of tithes, from the demife of an incumbent to the time of general ceiTalion, to be appropriated to the payment of the clergy furviving the ceflation of tithes, and to the in- demnification of lay-patrons for the advowfons of livings. The parliament that pafTcs fuch an ad will live for ever in the grateful memory of poilerity. ( ? ) would maintain his juft rights, and the minifter would lofe a few votes. But when I lay fuch an attack would not be detrimental to the ftate, I fuppofe, which is allowable, that the attack were made on the inftitution itfelf, not on the indi- viduals at prefent in itj for it would be unjuft in the extreme, to deprive any one of thofe rights, in the quiet poiTeflion of which, he has been countenanced by the laws of his countr}% Again, let the attack be upon the doftrines of the church, and let us fuppofe, that all men were permitted to believe, what feems to them to be moft agreeable to the word of God. If the whole nation believed, that Jefus Chriil was a man like other men, fhould we be lefs firm in our engage- ments to each other, lefs willing to defend our king and country ? Should all believe, that a child of a day old would be equally fafe in the hands of Providence, whether fome water were fprinkled in its face or not ; would the ftate be- come a bankrupt through this opinion ? Should they all cry out with one voice, that religion is the great concern between man and his Creator, not to be influenced by rewards or penalties ; that they who perform the duties of civil fociety, are equally entitled to its benefits ; would the land be untilled ? would the manufa6lurer forfake his loom, or the tradefman his fliop ? We miftakc by confounding our ideas. There are in this kingdom about eight millions of perfons, the feven million and odd will not be undone, iliouid ten thoufand clergymen depend on them for fup- port, and receive countenance only in proportion to the duty performed. We do not hear of the rights of phyficians, yet are they, in ftriftnefs of reafoning, as much entitled to th.e produce of our lands, as any ecclefiaftical pluralift. C The ( iS ) The fifth argument is drawn from the nature of our public and private ftatutes, which are plan- ned, it is faid, on the fuppofition, that we fhould maintain the religion of the flate, be it right or wrong. Unfortunately for the favourers of this argument, the greater part of our ftatutes was made before the reformation, at a time when re- ligion was fuppofed to depend on the decrees of a Roman pontiff, not on afts of parliament; when the flate did not dare to make any change what- foever in the do6brines or difcipline of the church. Laftly, it is urged, that we ihould open the door to diffenters of all defcriptions. Ye nar- row-minded chriftians ! I am much afraid that the repeal of all your tells would not have fo defirable an effedl. Ye narrow-minded chriftians ! would ye fhut the doors of knowledge againft any of your fellow-creatures ? Ye narrow-minded chrif- tians ! hear the word of your lord and mafterj freely ye have received, freely give. Sir, I have heard "this argument with aftonilliment and de- teftation. We profefs to have the pure form of godlinefs, yet we will not impart the power of it to others. Would to God, that dilienters of every denomination had free accefs to the noble advan- tages of this place. Learning and religion arc not IcfTened by the numbers which participate in their benefits. The diflenters are men and En- gliflimen , they have diftinguiilied themfelves by tlieir love to their countr), and their zeal for its liberties : they have produced within thefe few years fome of the noblcft fupporters of chriftianity. Are we not indebred to them for a Taylor, a I .ARDXER, and a Priestley ? In future times, philofophy will blufli, when, at the name of the latter, fhe reflects on the number of her fons, who .'mUc diigraced themiclvcs by their oppofition to hinii ( 19 ) him ; and neighbouring nations obferve with aftonilhment our inconfiilency, when they per- ceive, that the greatefl ornament of this country ; he, whom every learned fociety in Europe is proud to inroU among its members, Hiould be debarred, by the abl'urd prejudices of fuperflition, from a place in our univerfities *. Thus, Sir, I have ventured to make fome ob- fervations on the arguments produced by the ad- mirers of lubfcription ; not that I thought them worthy of reply, but fimply to bring them for- ward into public^ view, that, if I have not enu- merated all, you. Sir, or fome kind advocate for hierarchical tyranny, would favour us with better reafons ; and if I have, the good fenle of the pub- lic will, in a few years, put a flop to fuch idle deputations. The queftion for freedom in reli- gion is now much agitated, it defires only a free difcuflion, its merit flands on the fureft bafis, it requires neither the aid of the minifter, nor the bench of bifliops j but in fpite of popes, coun- cils, monks, and priefts of all denominations, ir. will force its way over all obftacles, and eftablifli itfelf firmly in the bread of every chriftian. But thefe arguments proceeded, 1 faid, from one fingle fource, and that fource was mudded with prejudice. The queftion was never con- fidered, as it became learned men, abftradtedly. Is a thing right or wrong, appears to me to be the firft queftion ; the fecond. Is it, or is it not ex- pedient ? The fecond alone was confidered, the C 2 firft * In the fame manner, Howard, the benefaftor of man- kind, to whom we would raife itatucs and monuments, 15 thought unworthy, by our legiflaturc. to be e\ en a juftice of die peace. Knglillimen, lovers of liberty ! bluili at the recital of thefe fads, or ye are unworthy of that liberty, which b your boall I ( 20 ) firft was not mentioned. In tlie next trial I would recommend to the adverfaries of the grace, to re- fled firft, whether it be right, abftraftedly con- fidered, for a young man of twenty to fubfcribe to notions that he does not comprehend ; and that being fettled, it will then be time to difcufs the other of expediency. If expediency alone be confidered, we Ihall flounder about like a fhip at fea without a rudder. Had the firft been confi- dered, we fliould not have been moved by the fneers of certain perfons, who with their ufual candour infinuated, that we fliQ^ld in a fhort time be loaded with the compliments of the diflfenters on our liberality. I make no doubt, that the diftenters would have applauded the a6lion on the ground of its rectitude ; but the univerfity of Cambridge is not to be flattered or difcouraged by the fentiments of any body of men. Having, Sir, given my fentiments freely on our fubfcription in the univerfity, I fhall now call your attention- to the more general queftion j the religious tefts required by the nation at large. Thefe are either certain religious forms as quali- fications to civil offices, or fubfcriptions to certain do(5lrines required from all who take orders. The author of the Confefllonal has fo fully treated the latter, that nothing remains to be laid upon tliem ; and in tlie houfe of commons every thing has been urged on both fides, that can be brought forward on the liibjeft of the former. Every friend to religious liberty muft be pleafed with one efi"'e(St of that day's debate ; that, however they might differ with refpect to the expediency of removing a religious teft, as a qualification for office, all united in exploding the ridiculous dod-rine of the laft century, the ideal fchemc of maintaining a worfhip of any kind by pains or penalties. ( 21 ) penalties. No houfe of ^commons, not even that of 1640, could be more explicit in favour of an unlimited toleration. It is to their credit that they did fo; for what right has a puny mortal to give laws to another man's faith. The experience of many ages has proved the abfurdity of tethering down the confcience; and the chriftian religion has fuffered in nothing more, in the eyes of deifts, than in the intolerant principles of its profeflbrs. You difcover, fay the deifts, you difcover to us a religion, which you fay came down from hea- ven. She ftandjfUpon a rock, and lliall never be moved ; the gat^S of hell fhall not prevail againft her. We allow, that her manfion cemented with gold is built upon a rock. The fabric is noble, large, extenfive. Her apartments are rich and elegant. Feftivity reigns within j kings are her nourifliers, and queens her nurhng-mothers. Her palace is guarded by thoufands, and tens of thou- fands in regiments of motley defcriptions. At one avenue ftands the throne of the triple crowned monarch, who, with his cardinals, his bifliops, and his monks, forbids accefs to the philofophic in- quirer. At another fits the democratic fynod, pouring down damnation upon every unbeliever. This party is not fo magnificently provided for in the interior of the caftle, as the other, yet are their apartments very convenient, and furnifhed in a neat frugal way, more fuitable to their form of government. At another quarter is a tribunal, with more limited powers, the word Law reftrains moft of its operations. Yet are tlie members of it more nobly lodged than their democratic friends ; and take good care, that none but a felecl few fliall have a moriel of bread or cup of cold water. Thi-ough the leveral gates do now and then a few vifitors ftraggle in, whole account C 3 of ( 22 ) of the domcftic regularity does not entirely accord with our ideas of divine benevolence. The fub- terranes of this ftru6lure are loathfome, filled with unhappy wretches, whofe naisfortune it was, that they did not approve of the conditions of the feaft above, and a ftill greater misfortune, that, by the law of the table, they were obliged to drink their bumper, or defcend into the dun- geon. At times, thefe fqualid miferable people were brought out to be burnt for the amufement of the court : that diverfion, however, now begins to grow out of fafliion ; and initcad of whips, and tortures, and fire, and faggot, they are content to ftrip a man of his coat and waiftcoat, and then fend him to graze on the common without money or friends. I agree entirely with the deifts, that, if they take their account of chriftianity from the lives and opi- nions of the greateft part of its pretended profefibrs, they a6t like rational men in difcarding the whole fyftem : but furely it becomes them alfo as ra- tional men, to inquire, whether this golden fa- bric be eftablifhed on the bafis of chriftianity. "Whether the meek, humble, benevolent, poor, diftrefled founder of our religion permitted any of thefe extravagancies. Whether he came into the world to erect a temporal kingdom, or whether he did not uniformly oppofe the ideas of his fol- lowers, when they exprefied the defire of exerting a fuperiority over their companions or their neigh- bours. Whether he did not always call aloud to thofe to fee, that have eyes to fee, and to thofe to hear, that have ears to hear. He never faid, fliut your eyes, and receive my dodlrines ; believe my words, or you Hi ail nor have a morfel of my bread, or my fifli. In Ihort, it becomes the deift to examine the Teftamciit with impartiality, and ic ( 23 ) it becomes the chriftian to encourage him to pro- duce his arguments without fear of danger. Little opinion can they have of the truth of their fa- viour's doftrine, who are afraid, left it fhould fuffer by inveftigation. The doftrine fufFers more by its pretended friends, than its open enemies. From the time of Conftantine to the prefent, it has not had a fair trial in the world ; the moment it was ellablifhed as the law of the ilate, that moment did anti-chrift begin his fway, and ge- nuine chriftianity was loft in tricks of politicians. Sir, it is not a belief in chriftianity, or zeal for its doftrines, that eftabliihes tefts in our nation. Abufe not the facred name of Chrift. He abhors fuch methods of promoting his religion. Motives of policy, whether good or bad, let politicians judge, are the caufe of this tyranny over the mind. It is, to keep out a fet of men, v/ho are fuppofed to be unfavourable to our principles of government. Having been brought up in all the prejudices of the church of England, and fcarcely acquainted with any of that defcription of dilTen- ters, who have been pointed out to me as thefe dangerous perfons, I cannot pretend to fay any thing of their private political fentiments. Yet, greatly as I dcteft tlie impofition of a religious reftraint, the prefbyterians I'eem to me, according to their own account of the matter, to have fuf- fcred defcrvedly for their intolerant maxims : and if they maintain now the fame fentiments, that they did in the reign of Charles the fecond, I fliould defire their rclcafe, folely from principles of natural juftice. They united with our church, lay they, m time of danger, and, to opprefs the catholics, did not rcruj)]e to furrendcr part of their own liberty. The experience of a hundred vears has, I hope, brought them to a better lenlc C 4 of ( 24 ) of their duty ; and having been fo long fufferers, they will now be advocates for the liberty of man- kind in general, not for that of a party. And now, Sir, give me leave with you to ad- drefs the reft of my brethren of the church of England, if you will ftill allow mc to call them brethren ; and permit me to fay a word or two, on the utility of your fubfcription. I have, for fix years, officiated among you as a minifter, and for the greateft part of that time efteemed myfelf happy in the care of a parifh, where, according to my abilities, I endeavoured to preach the gof- pel of Jefus Chrift. Having fubfcribed to, and believed your articles, my difcourfes were con- formable to themj and I might perhaps have gone on to the prefent day, had I not thought it my duty, to teacii fomething more than the com- mon topics of moral philofophy. For this pur- pofe, I rtfolved to preach to my flock from the Bible alone, and to expound from the beginning, its dodlrines in a regular plan. Accordingly I took up my Bible, and examined a certain por- tion of it for my Sunday's difcourfe. Before I had got through tlie Old Teftament, I was afto- nilhed to find, that there was not the leaft hint of the Trinity in it j and that the Unity of God was l^id down in the moft explicit terms. It would have been well for me, according to the prudential maxims of the world, that, in imita- tion of a certain bifliop, I had then Ihut up my book, and left the fettling of my faith to older heads. But I went on, and the farther I went, the lefs reafon did I perceive for thofe notions in which I had been educated, I began then to doubt of the truth of many other points, to which I had fubfcribed ; but as I knew, that there wTrc very ingenious writings on both fides of the queftion. ( 25 ) qneftion, I refolvcd not to read any of them, but to depend folely on the fcriptures for my opinions. The refult was, that every day I became more uneafy in my ftation, and at laft found myfclf unable to perform the duties of the church. In Emitting the preferment I had, however, and my uture expectations, I did not look upon myfelf as fet free 'from my obligation to ftudy religion, and to purfue truth, wherever fhe may be found. But as I have been mifled by articles of human device, I (hall for the future take great care not to let the traditions of men in competition with the pure word of God. From my view of the fcriptures, it appears to me that there is one God, the creator and governor of the univerfe, the God and Father of our Lord Jefus Chrifl; that the hypothefis of two natures in Chrift has no founda- tion in fcripture, but arifes folely from the endea- vours of men to folve fome apparent difficulties, which they could not do on any other fuppofition : that Jefus Chrift was a man like ourfelves, fin only excepted, through whom, by the free gift of God, thofe, who are obedient to his precepts, fhall obtain everlafting life.* Now As perfons are frequently led away by names to which they affix very opprobrious ideas, and this abufe prevails no where more than in the Univerfity, ] fhall for the fake of the junior ftudents jult delineate the leading features of feme fcCis now prevailing in the nation. By Unitarians I meaa thofe who believe God to be one perfon, and all other per- fons and things to be his creatures: in oppofuion to trinita- rians, who believe God toconfill of three perfons in one fub- ll:irce, and all creatures, perfons, and things, to be their joint production. The different opinions conceriiing the nature of Chrifl may be briefly flatcd in the following manner. Either L'hrill pre-exilled, or he did not. If he pre-exifled, it mufl have- been either as God, or as the creature of God : the for- mer is the Athanafian, the latter the Ari^tn opinion. If he did ( 26 ) Now I do not pretend to fay, that your articles muft be wrong, becaiife I do not believe them j but this is certain, that they depend on the fcrip- turcs for their ilipport ; and it much behoves you to examine them now, left you be mifled by the miftaken notions of men, juft emerging from a barbarous age. It is certain, that the compofers of your articles had not the opportunities of ftudy- ing the fcriptures, which you have at prefent i that they were involved in prejudices, which their zeal for Chrift was not able to counterad:. They faw the folly of infallibility in the pope, or a council of catholic divines, but thought them- felves fufficiently unbiafied, to draw up an infalli- ble rule of aftion and faith from the fcriptures. The confequence was, that they drew up thirty- nine articles, confifting of ten times that number of propofitions, in which they expedted all to unite. Uniformity of opinion was the end to be gained, by the impofition of this ftandard of faith. We have nov/ had the experience of two hundred years, to teach us, that this uniformity is not to be gained by authority. Philofophy might have forewarned them, that, as their propofitions were not did not pre-exlfl, his exiflcnce mufl hnve commenced either naturally or fupernatui;illy ; that is, he mull have been con- ceived by hi.-> mother in the ordinary niunner, or in fome ex- traordinary way, mull have been the fon of Jofeph and Mary, or of Mary alone : the former as it was the opinion of fome early chriilians, fo it is alio of fome fenfible and learned per- fons of our times : the latter is the general opinion prevailing among the Socinians. The author profcfl'es himielf to be a Unitarian, dillinguilhed from the Arians, by denying thepre- cxillence of Chrilt ; aid from the Socinians, by denying the propriety of a idreiling pr.ncrs to any but the one true (Jod. Tiic time, it is hoped, is not far diftani when men will ceaie to be called by the namc5 of Athanafius, Arius or Socinus, ( 27 ) not capable of mathematical demonflration, it was, though not ablblutely impoflible, yet in the higheft degree improbable, that any two perfons ihould agree in opinion with refped; to each ar- ticle. At the prefent moment, I do not think that any two clergymen, though in what are called leading points they agree, would give fimilar ex- pofitions of the greater part of the articles. And, if they may differ in fome, why may not two others differ in others. If I difbelieve the articles relat- ing to the divinity of Jefus Chrift, and agree to many of the others, why fhould I be thought worfe of, than he who agrees to the divinity, and denies all the reft. I am far from thinking uniformity in opinion, whether philofophical or religious, a defirablc object. Our tempers and difuofition, converla- tion, habit, and example, will and muft have fome influence on each mind ; and we may be thank- ful to Providence, for the mode in which its de- crees are conveyed to us, that thofe, which arc abfolutely neceflary for our well-being here and hereafter, are clear and explicit ; while other mat- ters afford employment and rational amufement to an inquiring mind. Why Ihould a man quar- rel with me, becaufe I do not think extention an effential property of matter ? I will not quarrel with him about original fin. If I do not efteem the ceremony, ufed in moll of the chriftian churches, the baptifm * of the ancients, I fhall not vilify one, who anoints a fick man with oil. Mod of the cliriflian churches fprinkle a little water on a child's face and call it baptifm. I have noobjedion to the ii(e of this term, but 1 contend that the words /SaTrW/xa, ^a-TThly, p^ J^us College, ry p R p NT t). Die. 15,1788. VY. r KHiN 1^. THE ( 65 ) THE DECREE. We, James, by Divine permiflion, BijQiop of Ely^ to the Reverend the Mafter and Fellows of St. RHadagunda, or Jefiis College, in the Univerfity of Cambridge, Greeting. WHEREAS a certain biifincfs of Appeal, or complaint, dated October twenty-third, 1788, has been preferred to us, ftating and complaining, that by a certain notice in writing, dated Septem- ber tvventy-feventh, 178X, under the hand and feal of the Rev, Richard Beadon, Mafter, and af- fixed by his order on different parts of the faid cx)llege, wherein he the faid mailer has appointed the within named John Plampin, A.M. and Thomas Newton, A. M, to have the folc care and tuition of all the commoners who either ri-, or hereafter may be admitted into the faid college from the teall of St. Michael then next eniuing -, and forbidding fuch commoners to put themlelvcs under the tuition of any others than thofc fo appointed F under ( 66 ) under pain of expulfion; whereby he the faid Willi an? Frend is removed from his faid office of tutor, to which he had been heretofore ftatutably appoint- ed ; and therefore praying that. We, as the law- ful vifitor and interpreter of thp ftatutes woulcj take his cafe into confideration, and give our judgment, " Whether the power conveyed by '* them to the mafter, or in his abfence to the ^* prefident, of affigning a tutor to young perfons f admitted into the college be limited to the ** time of their admifllon j or may with refpeft ** to the fame perfons be exercifed as ofteq as th^ f ' mafter or prefident fhall think fit." Now know ye, that We, having duly weighed and confidered the whole of your ftatutes in any wife concerning the authority of the mafter; Dq by thefe prefents pronounce, decree, and declare, THAT the power of the faid mafter, or in his abfence, of the prefident, to aflign a tutor to young perfons admitted into the college, is not limited to the time of their admiffion ; but may, with refpedl to the fame perfons, be exercifed as often as the faid mafter, or prefident ftiall think fir. E/y, P.ecemier zgih, 17889 J A M E S ELY. I.aU^ fuhfijhtd* By WILLIAM FREND, M.A. |. ^N Address to the Members of the Church of England, and to Proteftant Trinitarians in general, exhorting them to turn from the Worfhip of Three Persons to the Wprfhip of the TRifE God. Second Edition. Pr. 2d. 2, A SECOND Address to the Members of the Church of England, &c. upon the fame Subjed:. Second Edition. Pr. 2d. 3. Mr. Coulthurst's Blunders ExposED ; or, a Review of feveral Texts which Mr. Coulthurft lately produced, in his Sermons before the Univerfity of Cam- bridge, as Proofs of the eftablifhcd Dodlrine of the Trinity. Pr. is. PEAC E AND UNION RECOMMENUKU TO THE ASSOCIATED BODIES REPUBLICANS AND ANTI-REPUBLICANS. BT IV ILL I AM FREND, M. ^. lELLOW OF JESUS COLLEGE, CAMBRIDGE. THE SECOND EDITION. c A i\i B 11 I D c; f: : i' R I X T K D JJ r li. F L I, ly K R, FOR G. G. J. AND J. I'vOEINSONS, LONDON'; lO };l HAD or THE PKIN I r.R, AND Of \V . PAG E , BOOK, i K ! NDCO.C : 1 I. I'RICK OS,' SHILLING. INTRODUCTION. r OR writing this book, and piiblifiiing it within the iiniverfity, the author was fum- moned to appear in the vice-chanceller's court, on a charge, that in it " religion, as eflabliihed by publick authority within this realm, and alfo ail ecclefiaftical ranks and dignities, are impugned." The plan was formed by a cabal, confifling of twenty- feven mailers of arts and doftours, who met at the houfe of the judge, and ap- pointed a committee of five perfons, to carry on in their names the profecution. When the judge and the profecuters are of the fame party, the refult of a legal procefs is eadly divined. Eight days were confumed on this difpute de lana caprina, and in bringing the defendant to his fen- tencc. On the feventh, the judge put into the autliour's hand an unintelligible paper, which he was ordered to fign ; and on )iis refnfal, on tlie eighth day, to comply v.ith fucli a requcfl:, fcntence was palled, namely, *' that lie if. baniihcd from llic univerlil y." A 2 '1 iic [ iv ] The law, on which this fentence is fup- pofed to be founded, was made in the reign of queen Elizabeth, and there is no inftance upon record of a perfon being punillied under it, for merely writing or publilhing a book. The paffages, which have offended the twenty-feven, are marked by fmgle inverted commas ; but, to fuit the purpofes of the profecuters, they found it neceflary to garble them, and to omit and infert at pleafure. The full account of the proceedings in the univerfity will be fubmitted by the authour to the publick ; from which it will appear clearly, that there is no fuch thing as an obfolete law to men, who have, or fancy they have, power in their hands, and that the liberty of the prefs is, in thefe times, in very imminent danger. PEACE AND UNION. THE royal proclamations, and the introdi number of aflociated bodies on '"^"* various pretexts, in different parts of tiie kingdom, are a fufficient proof that the minds of men are at prefent p;reatly agitated ; and that the utmoft vigour of government, aided by the exertions of every lover of his coun- try, is neceffary to preferve us from fallino- into all the horrours attend- ant on civil commotions. Having been warned of our danger, it be- comes us to confider by what means we may efcape the impending evil : and no one fliould take a decifive part, without w^eighing fully and impartially the conlbquences of his conducl. The aflaffinations, murders, maffacres, burning of houfes, plun- B dering [ 6 ] dering of property, open violations of juftice, which have marked the progrefs of tiie French revolution, mult ftagger the boldefl: republican in his wifhes to overthrow any con- ftitution: and, on the other hand, he muft be a weak or a wicked man, who, loft in admiration of the beauties of a voluptuous and efteminate court, forgets the miferies of the poor fub- jects, whofe bodies were bowed down to the grindftone for its fupport, and brands, with every mark of ariftocra- tick inlblence, the efforts of thofe pa- triots, who put an end to the defpo- tifm of the antient government. It is an aweful example, which provi- dence holds out to an aftonilhed world ; and happy will that nation be, which derives from it lelTons of wifdom. Surely there cannot be a difientient voice on this opinion ; and no blame can that writer incur, who calls on the contending parties in our own country, to make a proper ufe of the divine judgements, and, inftead of exafperating each other by ufelefs invei^ives, to unite cordially in their endeavours to promote the common good, and to remove thofe grievances, if [ 7 ] if any I'uch there be, w^iich occafion the prefent difcontent. If the difpute between the contend- Govern- ing parties were foiely this, whether America the prefent government fhould be no'lxlm-" overthrown or not, the matter might p^^s for be brought to a fpeedy iflue. It would "^ ^" * be urged on the one fide, that the government has, for thefe hundred years laft pad, been acknowledged as the beft in Europe, and unlefs a much better is pointed out to us, it will be unwife in the extreme to deftroy a fyftem, under which we have expe- rienced fo much publick and private happinefs. The advocates for a re- publick may anfwer, that the govern- ment, among many bad ones, was really the beft, but the expences of it were enormous; a thoufand millions of money have been drawn from the fubjedts, which, had they been ex- pended on the country, would have converted it into a paradife, and we have now before us the inftances of America and France, which, on the ruins of their antient forms, have erected much nobler edifices. Let us lee, whether a reafonable and mode- rate man may not be able to bring ]i 2 thefe [ 8 ] thefe parties nearer to each otheK. The governments of the reft of Europe are in general fiippofed by all Englilhmen to be much worfe than their own. In common with them ours took its origin from the feudal fyitem ; but, from a variety of caufes, moll: of the evils attendant on that fyftem, which retained their force on the continent, have been, in our country, gradually abolilhed. That the expences of government have been enormous muft be confelfed by all parties, but this is not fo much owing to the form of our conftitu- tion, as to the wretched plan, intro- duced in the laft century, of antici- pating in one the revenues of the fucceeding years. Let us caft a veil over this failino; of our common an- cellers, and endeavour, that pofteri- ty Ihall have no reafon to reproach lis for following, with open eyes, fo fhameful an example. The prefent fituation of France forbids us to con- fider,asyet,itscon{litution asw^orthy of imitation. It has not received the fanftion of experience, and we muft wait till the wretched defpots, who, with unparalleled infolence, dared to interrupt C 9 ] interrupt its coiirfe, confent to leavt a nation in poffeflion of the undoubt- ed right to form its own internal go- vernment. Much lefs can America be urged as an example for us: our cuftoms, laws and fituation have in- ured us to habits unknown to the new world, and a fudden change from our form to theirs might be as prejudi- cial to the happinefs of this country, as the impofition of our conftitution might be to the inhabitants of Ame- rica. Belkles, if inftead of tlie con- ftitutions of France and America, the moft perfect fyffem that human inge- nuity can devife, fliould be prefented to us, it does by no means follow, that we fhould be juftifiable in forcing the acceptance of it on our fellow countrymen. Every change is attended with con.iifi- danger, and none Ihould be adopted ametni.d, where the individuals injured bv it "^ I'' ',!"'" are very numerous, in proportion to tliofe who are benefited. The hap- pinefs of this generation is to be ta- ken into the eftimate, and it is not fiitficient to afTure us, that the proi- pccts of a future race will be im- proved by our fchemes. Where' is the C > ] the man, who can look fo far for- ward into futurity, as to convince us, that our fucceflers might not, from a different concatenation of cir- cumftances, receive far greater blef- fings than we can beflow on them by the ruin of ourfelves? As therefore the overthrow of our conftitution, with or without the introduction of the moft perfect fyilem, could not be compaffed without injuring a vaft number of our fellow creatures, it fhould feem, that the contending parties might accede nearer to each other, if it could be proved, that our government is fufceptible of improve- ment, and that various changes might be introduced for the benefit of the community at large, without injuring afingle individual. If this fhould ap- pear to be the cafe, we may, confid- ently with our duty to ourfelves and poflerity, take the proper Iteps for meliorating our condition, and leave, to future generations, the care of bringing government to the utmoll point of perfection. p^riK!- I. There is no fubjeft on which rtforjii/ the contending parties are lo much at [ ] at variance, as on that of parliament- ary reform. On the one hand it is aflerted, that the conflitution, as fettled at the revolution, mull: re- main inviolate ; on the other, that the corruptions of government ren- der a reform in the reprefentation of the people, and the duration of par* iiaments abfolutely neceffary. Re- form is a very vague word, and it is too often made either a term of re- proach or commendation, as it fuits the intereft of the fpeaker. The true fenfe of tiie word implies, that the things to be reformed had been previoufly in a better flate ; and that the intention of the reformer is to bring them to their original deflina- tion. Let us then divide our difput- ed topick into its two component parts, a reform of the duration of parliaments, and the reprefentation of the people, and, confidering each feparately, fee whether we may not, on fome points, bring the contending parties to an agreement. I. On the duration of parliaments. Dunr^rr. One party is for Ihortening this du- !"/,.:.;'. '" ration, and reducing it to a period, on \\hich there is a variety of opi- ni atttr.daiue. impra-riicable t 20 ] inipraclicable fcheme, the wildefl: that the brain of man had ever conceived, and the fchemes v^hich we deride may be the means of innumerable bleflings to future generations. Let the fpeculative man then indulge himfelf in his theories ; and let us propofe to him to inquire, whether reprefentative government can be carried on to perfeftion, on a better plan than that laid down by an in- fpired legiflater, and adopted in part by the wifeft monarch that ever fat on the Englifh throne. iintientdi- ^|-^e dlvHions of huudrcds and tith* xilion of 1 1 1 r- the country ings bciug adoptcd, let the perfons neaped, of age in each tithing elect a prefi- dent, let the prefidents of ten tith- ings eled: the prefident of the hun- dred, the prefidents of ten hundreds elect the prefident of the thoufand, and fo on. Each divifion of ten thoufand families fliould fend two members to parliament. The votes fliould be taken by the heads of tith- ings, and carried by them to the heads of hundreds, to be conveyed to the heads of thoufands, who, with the head of the ten thoufand, fliould de- clare the reprefcntatives elefted. Thus C 21 ] 4!^hus none but the officers would be put to any material inconvenience in giving their votes ; the offices fnould be annual and biennial, the headfliips of tithings and hundreds annual, the reft biennial. Such a divifion would not only be ufeful for the purpofes of obtaining a better reprefentation in parliament, but it might likcwife reftore the peace and tranquillity, which is faid to have prevailed in the days of Alfred. Thus the prefidents ofhundredsandthefuperiourdivifions might be inverted with the power of a juftice of the peace, an officer of the greateft publick utility, very mi^ich wanted at prefent in many extenfive diftrifts. From the prefidents of hundreds the grand jury fliould al- ways be felecled, and the petty jury from the heads of tithings. All laws, that have received the fand:ion of parliament fhould be fent to the pre- fidents of ten thoufands, by them to !)e diftributed among the inferiour di- vifions, fo that every law relating to tlie people in general fliould be fent to the heads of tithings, particular bills to the heads of hundreds and the fupcriour divifions. The laws received D bv [ 22 ] by the head of a tithing fhould be read to the tithing, and, if objected to by the majority, the objection with the number of votes fhould be fent to the head of the hundred, and by him to the fuperiour officer, and fo on ; and if it fhould appear that the majority of the kingdom was againft any bill, it fliould be fubjefted to a revifion in the next parliament. Thus would two main points be gained by this divifion of the country ; the houfe of commons would, as far as human imperfection admits, be really a re- prefentation of the people, and all laws relating to the conduct of an in- dividual would not only be known to him, but receive his approbation or cenfure. Perfect re- Wc fliould pay too great a compli- noif notto rn^^^t to o^^i' countrymen by fuppofing be attained tlicm Capable of receivino; or adiino; of orcfciit ^^ under fo enlarged a plan of repre- fentation. The minds of men muff be more enlightened, the lower clafTes muft be better inftrucled, a more fa- miliar and friendly intercourfe mufl take place between all ranks of fo- ciety, before fuch a plan could pro- duce its due effect. This confidera- tion C 23 ] tion ought to have fome weight with the contending parties. The one might be fpurred on to teach the lower clafTes by every mean in their power the bleflings of a free and good government, and tlie ardour of the other for introducing new forms might, by refle6ting on the real ftate of the peafantry of this country, be conliderably reprefled. And, by ac- cuftoming ourfelves to refleft on the difficulties on both fides of the quef- tion, we might all, with better tem- per, liften to the remarks made on government by men of oppofite par- ties ; we fhould not confound repub- licans with levellers, and to the ex- aggerating encomiafters of the pre- fent conftitution with all its defedls, we might apply the words of eaftern wifdom, Let another man praife thee, and not thine own mouth, aflranger and not thine own lips.* To hear fome perfons talk of per- Not ncccf- fedt reprefentation, one would ima- ducihro? gine that it muft be the prccurfour ^^pp^"*^^** of a fecond golden age. The wifdom of the nation would be collecled as it were into a focus, but we forget that ^ l-*rov. xxvii. 2. D z its [ 24 ] its folly would be as forcibly concen- trated. If the majority of a nation confifls of weak, ignorant, and bar- barous characters, incapable of being meliorated by religion, and obftinate- ly attached to vicious and bad cuf- toms, it cannot be fuppofed that their reprefentatives fhould excel in virtue, or that the laws compofed by them Ihould be calculated for general happinefs. If the people were fu- perfVitioufly inclined, perfecution a- gainft individuals of a different opi- nion would receive the fan6tion of their houfe of commons with the fame eafe, as it has been enforced by the edicts of a defpotick prince : and the lover of peace and tranquillity, the philofopher whofe refearches ex- tend our knowledge, and the culti- vater of the arts, which foften and cmbellifli life, would feek for that liberty under the fhade of an arbi- trary court, which was denied to them by the laws or conduct of a tumultuous rabble.* ^' Zimmerman relates, fomewliere in his excel- lent work on national pride, an anecdore of a gen- tleman who wifhed to enjoy the liberty of fpeak- ing his fentiments on all fubjei^ts. For this purpofc he chofe Zurich, Itaid there ten days, and then retired to Liibon. II. Hence C =5 3 II. Hence then let us ferioufly re- Law. commend to the contending parties to employ their thoughts on other topicks befide thofe of parliamentary reform, left, being attached to a fingle objed, they overlook the abufes, which may gradually under- mine the peace and happinefs of fo- ciety. Some of the aflbciated bodies have very properly declared, that our conftitution has provided the means of reclifying abufes, and they would do well to point out thofe, which require immediate reform. We may celebrate in the ioudeft tone the praifes of our conftitution, yet, if our laws are vague and inconclufive, eafily to be wrefted by the powerful, and too expenfive for the poor, if puniflnnents bear no proportion to crimes, and the moft atrocious mur- derer is levelled with a petty delin- quent, it muft be confefled that a ftranger would have reafon to ex- claim, the theory of your govern- ment is excellent, but your laws be- tray a degree of rudenefs and barba- rity not to be expected in fo en- lightened a nation. I. Our [ 26 ] Obfcurity. 1 . Our laws ftaiid certainly in need of reform, and it were to be wifhed that the leading powers in our fenate would exert themfelves in giving us a better code. The evil is acknow- ledged by all parties, but it is the fuppofed intereft of one to increafe, by voluminous digefls, the intricacy of the law. It might be urged, that the laws afFefting the lower claffes of the people fhould be equal, clear, and deciiive, fuch that a fchool-boy might read them, and be brought up with a fenfe of their propriety, and a fear of offending them. This, without doubt, would be of great advantage to the poor ; and the political writers of the laft century recommended the practice of a neighbouring country, by which the rich might be equally benefited, Kxpenfive- 2 . Many of tlic rich are,to their cofl:, acquainted with the expenfivenefs of fuits depending on the litigation of landed property, which would be at an end, by the eafy plan of regiller- ing it in every county. KcRifier 3. Some perfons complain, that iicfcdive. ii^Qy have found a difficulty of reco- vering, or have even lofl an ellate from [ 27 ] the imperfeiH: regifters of births in parifhes, from which all that are not members of the church are excluded. Suppofing a civil arrangement for thefe purpofes, the land of every perfon and the births of all children might be fo regiltered, as to prevent a multiplicity of law fuits. 4. A fidion in law is a mean at Entails. prefent of faving the country from the iniquity and oppreffion attending the abfurd and barbarous cuftom of entailing property on remote delcen- dants, but would it not be much bet- ter, by acting in an open and direct manner, to prevent the father from forgetting the ties of blood, and by aboiifliing entails entirely, oblige eve- ry one to ace up to the principles" of juftice ? 5. Manerial rights were of ufe in Manorial the feudal ages, but different times "^'''^'" produce different cuftoms, and a re- vifal of all the laws in manours mio;ht be made beneficial to the lord and his dependant. 6. Our game laws arc cruel and ^'^'^ opprellive, contrary to every prin- cij^le of good government, and cal- culated only to produce a fpirit of ariftocratjck [ 28 ] ariftocratick infolence in the higher*^ and that of meannefs, pilfering, and plunder in the lowefl clafles. It has been urged in their defence, that if it were not for them, we Ihould be over-run with poachers ; but in fac^, as high duties made the fmugglers, the game laws make the poachers. De- llroy the game laws entirely, let game be fold freely in our markets, and the poachers, as the fmugglers have done lately in many places, will return to the habits of ufeful in- duflry. We mull not omit here, that the hio-her claffes will be bene- lited : for in what county can we go without hearing of the petty fquab- bles of country fquires, about hares and partridges, naufeous tales, dif- gufting to every man of fenfe and a liberal education. Poor la-ws. 7. The amendment of the poor laws requires a cautious and fkillfiil hand, and much praife is due to fome very refpecbable members of the houfc of commons, for endeavour- ing to excite the attention of their colleagues to this fubjecl:. "^rhcre is an excellent precc])t in the mofaical law, which Ihould be a guide to all legiflaters ; [ 2^ ] legiflaters ; thou fhalt not muzzle the ox which treadeth out the corn. The poor are the inftruments of the eafe, comfort, and luxury of the rich, and it would be contrary to the tem- per of englilhmen, as well as the fpirit of chriftians, to be ungrateful to thofe, from whom we all derive our fupport. If a labouring man does not receive fufficient wages to enable him to bring up a numerous family, and to lay by fomething for his fupport in the decline of life, it is but common juftice, that they, who. have been enriched by his labours, fhould, when his flrength is gone, make his latter days chearful and comfortable. So far then from di- minifliing the poor rates, there feems, unlefs the price of labour fhould be confiderably increafed, fufficient rea- fon for increafing them. The poor rates mull:, if the price of labour is given, increafe with the increafe of taxes; for every tax laid on the con- fumption of the poor is a great dimi- nution of his pittance, and the half- penny or farthing, a trifle to the tax impofers, is feverely felt in the cot- tages of induflry. Should thefe laws E be [ so ] be ever revifed, there is a clafs In fo- ciety which may be greatly benefited 5 this is the clals juft above poverty, juft above want themfelves, but by means of rates, reduced to a worfe (ituation than thofe who receive their benefadions. To follow the beautiful gradations of nature in all her opera- tions, this clafs fhould be releafed from the poor rates : thus there would be three clafTes in fociety, that which pays to the relief of others, that which receives, and that which neither pays nor receives. A revi- fion alfo cannot take place without relieving the poor from the reftraints under which they at prefent labour in removing from one parifh to ano- ther, and the expenfivenefs of litiga- tion arifing from the prefent code might perhaps be remedied. But in thefe affairs we muft, as was before mentioned, be particularly careful, left the poor fliould be injured : the rich can take care of themfelves, the poor have none to defend them, and the fault of mofl governments feems chiefly to confift in this, that they pay the moft attention to the main- tenance and fuppoxt of the Corinth- ian E 31 3 ian capitals of fociety, as fome orders have been fooliihly called, to the great negledl of the comfort and wellfare of the mod numerous and important part of the community. The practice of the law at pre fen t, Praftice of ., 1 1 -I'll tiie law. an evil, which time is likely to in- creafe, threatens to render the pro- felfion unworthy of a man of liberal education. To fet a young perfon down to copy declarations, pleas, re- plications, rejoinders, furrejoinders, rebutters, furrebutters, is not a pro- bable mean of corredling his judge- ment, enlivening liis imagination, or qualifying him to convince by the ardour of his eloquence. Yet it now feems necelfary thatDemofthenes and Cicero fhould give place to the pre- cedents in the office of a fpccial pleader : and, if our laws continue to increafe with the fame rapidity as they have done in the prefent reign, the future generation of barriiters muft fink into the level of vulgar niechanicks. Already we have ieeii the inferiority of the bar, when the bed: fpecimens of its rhctorick ^vere compared with the genuine effufions of eloquence from our popular fpeak- y. ^ ers. C 32 ] e'rs. The oratours of antient times, we are informed, did not blulh to receive information from the eru- dite profeiTers of the law, and if the encouragement of eloquence were thought of fufficient importance, a fimilar arrangement of offices might not be without its ufe. Were the attornies confined to their prefent employment : were fpecial pleaders, men of cool heads and fit for feden^ tary lives, occupied in arranging, explaining, digefting our ftatutes and a6ls of parliament, were it their bu-r fmefs to take an alion from the at- torney's hands, decide on its legality, and put it into due form, to be pre- fented with every ftatute or cafe re- lating to it to the barrifler, the time of this latter character, the higheft in the profeffion, might be employ- ed in the purfuit of every fpecies of liberal knowledge. It would not be expecSled from him, to have an anti- quarian infight into our laws and culloms, nor to enter into all the de- tail of an attorney's clerk ; but we fhould look for elegance of language, propriety of expreffion, convincing eloquence, happy allufions, and to fum C 33 ] l\im up the whole in a few words, we fliould exped: to find in him both at the bar and at the table the gentle- man and the fcholar.* The tedioufnefs of the law, as well Teiiour- as Its uncertainty, has been a ire- language. quent fubje^t of complaint ; but, though deprecated by every one, there does not feem any difpofitiou at prefent in the lords or commons to probe thefe evils to the bottom. Its language too is barbarous and rude : for, under the pretence of avoiding by infinite circumlocutions cavil and difpute, Icarce an a6l of our legiflature is. intelligible to a man of tolerable capacity ; and the jargon of a profeflion, which ought to ufe the cleareft and beft terms, is now become proverbial. We fhould there- fore be much indebted to the con- tending parties, if they would unite their efforts in making an efFeftual reform in that part of our fyftem, on which life, property, and reputation * Since the inns of court have ceafed to be places of education, and the exercil'es there are merely formal, might not the priviledge of plead- ing, at the bar be allowed to any one, in whom the plaintiit' places couhdence.'' fo C 34 ] fo much depend. The talk is not fo arduous as maybe apprehended: there are, among us, men of learning and abilities, as well qualified for this un- dertaking as the celebrated lawyers in the days of Juftinian ; and the only thing required on the part of the legiflature and people is to be fe- rioufly perfuaded, that internal good government is more productive of general happinefs, than the inter- ference in foreign politicks, and the triumphs of a vidorious navy. Religion. III. In pcrufing the hiftory of an- tient or modern times, the connec- tion which has always taken place between religion and legillation muft flrike every attentive reader. This union is fuppofed to be of a peculiar nature, and, while in our own coun- try the grave divine celebrates it as an alliance between church and ftate, the jolly toper no lefs religioufly fills up the bumper to church and king, "^rhe latter character means no dif- refped: to his fovereign, by making him give place to an inflitution efteemed facred by the vulgar; but the former, lamenting the lof of an- tient t 35 ] tient fplendour, is willing to retain, as long as poffible this laft veftige of ecclefiaftical power. Seventeen cen- turies ago the church, creeping on the ground, bowed its head to the authority of Caefar, within three centuries after we find her in the embraces of a warlike emperour; the harlot foon learned to tread on the necks of kings, and, drenched with the blood of faints and martyrs, obtained univerfal empire. Our an- ceftours groaned under her iron yoke, the fruit of their induftry was carried away to feed her pampered appetite, and to fatiate her luxuri- ous paramours. The ifland was com- pletely devoted to her lufl ; but vice is never fecure in its feat, it has no ftable hold, the fame capricious and inordinate paflions which tempt men to forfake the fair objed of their be- trothed love, lead them foon to cad away in difguft the loathfome profti- tute. To capricious and inordinate paffion we are indebted for deliver- ance from the harlot's power : llie can no longer free the fubjecl from his allegiance, nor compell the mo- narch to accept the crown at the footftuol C 36 3 footftool of her throne. Her fupe- riority is gone, and proteftant di- vines ihould beware of applying thofe terms to a political inftitution of this country, which muft involve them in all the guilt of antichriftian ufur- pation. Alliance The alUance between church and churc"and fts-tc is 3. filion, which could not be S^don realized in this country, without fub- jecling the abetters of it to the pe- nalties of high treafon. We might as well talk of an alliance between army and ftate, navy and ftate, law and ftate. Would queen Elizabeth have permitted this language, and is it not equally certain, that fuch expreflions muft be difpleafing to every branch of the Brunfwick fa- mily ? Has the ftate, from the mo- ment it became proteftant, ever made an alliance with any church, and do not all our ecclefiaftical laws depend on the authority of parliament ? Where does the church meet, where does it make laws, where does it propofe terms of mutual kindnefs to her ally the ftate ? In this ifland are two inftitutions called the churches f England and Scotland, for which the [ 37 3 the clergy of the church of England are ordered by law to command the prayers of every congregation. Are they both allies of the ftate ? Is there alfo any alliance between the two fa- cred bodies ? Let us beware of the deception couched in ambiguous terms ; for there is no fociety in this country that can pretend to make terms with the ftate, nor is there any perfon, whofe authority does not de- pend on an act of parliament. And let divines be particularly cautious, left king and people, recollecting the fufferings of former times, fhould be tempted to fufpect, that, as long as there are priefts, the laity is in dan- ger of being duped by the prieft- hood. The eftablifhed church of England Church of can be confidered only as a political political inftitution. The defign of it is to i'^^^'"^^''"' celebrate at certain times religious worfhip, and to inftruct the people in certain doctrines laid down by act of parliament. Whether the inftruc- tion communicated is fuited to the prcfcnt times, and whether the ex- pcncc attending it is proportioned to the benefits, which the fubject de- F rives C 38 ] riv^s froin it, are queftions of politi- cal enquiry. Tlie farmer and the iand-holder complain, that tithes are -a grievous opprieffion, that thereby induftry is cramped, and our lands arc deprived of their proper culture. Divines, fay they, laid a claim in former ages to the produce of our fields, in confequence of a regulation for very different purpofes in a diftant region, and they not only perfuaded bur legiflature to adopt it, but have exacted the odious tax in a manner unknown to the favoured people of God. The cuftoms of Judea are no rule for this country, and confe- quently it is no argument againft our prefent mode of paying the clergy, that we have deviated widely from the mofaical inftitution. We are in- terefted only in the enquiry, whether a certain body of men ihould depend on government or the people for its fubfiilence, or by poflelfing a confi- derable ftake in the landed property, be in a great meafure rendered inde- pendant of both. The queftion has on every fide its difilculties. Sup- pofing the clergy to be like the army or navy under the executive power, there C 39 3 there is a danger in our complicated form of government, left the regal part fhould abforb that of the other two bodies. For ten thoufand men in black under the direction of an in' dividual are a far more formidable body, than ten thoufand times that number in arms, and more likely to produce the grcateft injury to civil fociety. If checks could be found to reme- dy the inconvenience attending the abfolute dependauce of the cler- gy on the crown, fuch a fyftem would be found to pofTefs great advantages: for, as the military are fent only, where their prefence is neceffary, the religious corps would be difpofed in a manner more beneficial to the kingdom. We fhould not fee them in groupes in fome towns encourag- ing, or rather being the patrons of every fpccies of luxury, while ex- tenfive diftricts are entrufted to the care of a few curates : a regular dif- pofition of them might take place, which, from a proper attention to the learning and morals in the can- didates for the office of publick in- ftructers, would be attended with F .: infinite; C 40 ] infinitie benefit to the lower clafTes of the community. Here then is a fubjeft, which might ufefully em- ploy the thoughts of our contending parties. Let them endeavour to re- move the complaints of our land- holders, taking care at the fame time that fo large a body as the clergy fliould not be entrufted with any temporal power, and that the pro- feflion Ihould poffefs fuch emolu- m.ents, as might render it a proper purfuit for men of liberal education. Revifionof Every thing in this world con- the liturgy yiuces US, that tlicrc is only one he- re com- ' ' mended, ing in his own nature unchangeable. The inftitutions of man can fcarce be fuited to one generation, and the wifdom of government would in no inftance more eminently difplay it- felf, than by accommodating its laws to the improvement of knowledge in every age. The parliament, which appointed, and the people, which re- ceived the form of worfliip now in ufe, entertained very different no- tions from ours on religious fubjecls. It could not be otherwife : for, by rejefting many articles in the creed of their anceflours, they entered into contro- [ 41 ] controverfies, which paved tlie way for future improvement. This was perceived in the next century, but unfortunately the ruling pov/ers, by calling together men of too difcord- ant opinions, and endeavouring to reconcile parties feparated from each other by a feries of mutual injuries, confirmed by this experiment a truth, with which they ought to have been acquainted, that the councils of di- vines of different churches are never attended with fuccels. The liturgy of the church of England is a compo- fition derived from the mafs book of Rome, over which, if it has in fome refpe6ts a manifelf fuperiority, ' it is very far from that flandard of purity in' its arrangement, language, or * doclrine,which is required from inch compofitions.' The ablell writers in its defence acknowledge, that it is fulceptible of improvement, but are fearful of the danger attending eve- ry reform. AVe have feen the caufe of failure in the laft century, and, to avoid tlie iplitting on the fame rock, might not the legiilature appoint commiffioiiers of its own church to revile the book of prayers, and to propote [ 42 3 propofe a form better fuited to the prelent times? This fhould not how- ever fuperfede the liturgy in prefent ufe. There may be congregations attached to the common liturgy, whofe prejudices Ihould be humour- ed, and, inftead of forcing another on any one, the legiflature need only permit the approved forms to be read in thofe churches, where the people are willing to give them admiffion. Thus continual improvements might be made in the form of worlhip, the more imperfe6l liturgies would gra- dually difappear, and in a few cen^ turies perhaps the religious antipa- thies of the prefent days would ceafe to influence the conduft and embitter the lives of our pofterity. Teftiaws. The refomi of our religious efta- blifhment cannot, it is obvious, en- gage our attention without fome ani- madverfions on a controverfy, which has been lately carried on with a confiderable degree of animofity. To preferve the eftablifhmcnt it was thought neceflary in the laft century, to require from every officer under the executive government a religious teft. Of courfe a degree of honour has [ 43 ] has been attached to the believers, or pretended believers, of certain doc- trines, and the diflentients have been involved in a correfponding portion of difgrace. In confidering this quelHon, we are to look upon thefe bodies merely as political fadtions ; for, did ;we refer to the book, which both parties are fuppofed to make the guide of all their actions and opi- nions, the'queilion will not admit a moments debate. By calling them- felves chriitians, they ought in every inftance to yield to our faviour's pre- cepts and example, and there is not a proportion in Euclid clearer than this, that no body of chriftians is authorifed by the gofpel, to allure men to its party by civil emoluments, or on account of religious opinions to deprive them of civil advantages. Is then a teft necefTary to preferve Repeal of the teft the political exiilence of the church laws not of England ? We fliall be able to an- ^iTht'lvo/a fwer this quelUon by confidering; the t'> ''''.'"'.^r danger that would immediately ac- icntersim* crue from the removal of the teft, ^^"^' In fome of our manufadluring towns diflenters would fhare with church- men in municipal offices : a few, and very [ 44 ] very few, would exercife in counties the office of juftice of the peace. The latter office depending on the crown, the moment there was an appearance of danger, it might be removed by ftriking the difaffected out of the commiffion. Now, is it probable, that an inftitution, whofe influence, from its own wealth confiderable, is fupported by that of the nobility, and the greater part of the landed intereft of this country, could receive any injury from the admiffion of a few perfons into municipal offices. The fuppofition is abfurd, and the appre- henfion of danger muft arife from a fulpicion of the diflenters receiving, on the removal of the tefl, a vail acceffion of numbers, united together in a firm refolution, to deftroy the religious eflablifhment. But perfons, who reafon in this manner, are not aware, that the diflenters do not by any means form a compact body ; and that the three powers, prefljyterians, baptifls, and independants, allied to- gether for one Angle purpofe, would, on the obtaining of that point, retire to their diflerent camps, and be fepa- rated from each other by the ufual marks of theological hatred. On [ 45 3 On what ground are we to expect rthe pro- an increafe of their numbers ? The creafe'Sf majority of the people, who do not J*^*' ""'"" look forward to any thing but the fruits of their induftry, will always go to that place of worfhip, which they think the beft : and, unlefs it can be proved, that the worlhip of the three bodies above-mentioned is far fuperiour to that of the church of England, they muft remain, as they have been for fome time, increafing only with the increafmg population of the country. Let any man then compare toge- or the prc- ther coolly the worfhip of thefe diffe- their mode rent bodies. The objed of worfhip, o^^^"p> generally fpeaking, for there are few congregations which worfhip only the one true god, is the fame in all ; fome ufing a prefcribed form, others what is called extempore prayer. The luperiority on either fide de- pends fo much on the abilities of the i'peakers or readers, that, on confi- dering the rank of life from whence they are refpeclively taken, and the advantages of education, which they enjoy, it will appear improbable, that the church of England fliould be in- G feriour [ 46 ] feriour to its opponents. The har* monious numbers of Watt's hymns, the commonly received book among the dillenters, may be fuppofed to give them a fuperiority in one part of the fervice over the church ; but the pfahns of Sternhold and Hopkins, though deficient in metre, do not in- culcate unfcriptural doctrines, nor iioes their language, though fimple and unadorned, ever fink into the lullabies of the lyrick poet. The fermons of the church of England, whether confidered as fpecimens of eloquence, as treatifes of moral phi- lofophy or dida6lick theology, do not futier on a comparilon with thofe of the diffenting party : and there are few churches, which could bear fuch language or fentiments, as are too frequently uttered in feveral meet- ings. Hence the danger, apprehend- ed from the mode of worlliip among the three bodies above-mentioned, feems to be chimerical, and govern- ment has, by a fufficiently accurate furvey, been informed, that the number of opponents to the church eftabliflnnent cannot occafion any ground of alarm : but perhaps nei- ther [ 47 ] ther jrovernment, nor churchmen, nor diflenters are aware of the in- creafe of a body, already more nu- merous and better organized than the latter party, and which may, in no length of time, occafion a revolution in our ecclefiaftical hiftory. Although no danger is to be ap- ^''^\^^7^^~ prehended from the removal of the ftatc. telt, government may very fairly de- mand ; what advantages fliall we de- rive by departing from our old laws and favouring the dilfepters ? The anfwer is obvious. By removing a reafonable caufe of complaint from the moft: induftrious and peaceable of your fubjecls, you preferve a Headier attachment to the eftablilhed autho- rity. There is fomething in the heart of man, which revolts at op- preihon ; and to be beloved, you muft render yourfelves worthy of affec- tion. The condud: of churchmen towards diffenters has been, and is, difgraceful in the extreme : it is time to caft away the leaven of party fpirit, and to acl as chriftians. By this, fays our Saviour, ihall all men know that ye are my difciples, if ye love one another. G 2 Did C 48 ] and juftifi- Did the repeal of the tefl al de- exim^ k* of P^^*^ Only on one part of the legifla- thc fu- ture, it cannot be fuppofed, that the JiSSeT*" redrefs of the diflenters would be de- layed a moment. For, how could the firft magiflrate deny that to a great part of the people, which, in different places acknowledging his authority, he claims for himfelf. Either he is a member of the church of England, or he is not. If he is a member of the church of England, by paffing into Scotland he becomes a diflenter, but is not on that ac- count deprived of his office: another form of religion prevails in Hanover, but he retains his electorate. What could prevent him then from faying to the diflenters. As my temporal office is not in other countries affed:- ed by my religious opinions, neither fhall you fufFer any civil injuries for difl^enting from the eltablilliment of England. Be peaceable citizens, and worlhip God as you pleafe; your re- ligion no where teaches you to dif- obey your civil governours, except when they prefume to interfere in matters of confcience. It [ 49 ] It is much to be lamented, that, in PaiiionsBnd treating on a fubjed: relating to reli- fntirrfte" gious opinions, we cannot perliiade |'jppo*'nj the profeiTers of chriftianity, to abide by the commands of their common mafler : inftead of which, not only the ftatefman, but thofe who pride themfelves on being minifters of the gofpel, fet up in direct oppofition to him maxims of worldly policy. The line of truth is direct and clear, the paths of errour are infinite. In the conflicts of paflions and prejudice in a houfe of commons the flill voice of chriftianity cannot always be heard; the itatefman is too apt to confider it as a filly devifed fable, well calcu- lated to keep the people in order, and there are few willing to receive it in the only manner, which com- mands attention, as tlie direct word of God. Hence perhaps the dilTenters would do well, to leave the flate en- tirely to itfclf, content, as the early chriftians were, to draw men to a purer form of worfhip, and to truft to a chancre of opinion for entire re- iief from perfecution. Tlic moft im- probable tales were in early times vented of the chriftians ; their meet- ings C 50 ] ings were burnt down, and their per- fons were aflaiilted. Is it to be won- dered at, that the fame practices fhould, by the enlightened infidel, the interefted churchman, and the ignorant populace, be in our days both repeated and applauded ? ' The fame paflions will every where pro- duce on certain minds the fame effect ; and the pried in every age, whether he celebrates the orgies of Bacchus, or folemnizes the rites of the Eucha- rift, will, fhould either his viftims or his allowance fail, oppofe in either cafe every truth, which threatens to undermine his altars, or weaken his facerdotal authority. Improve- ' The church (lands certainly in ^mmenV nced of rcform, the diflenters would td to both j^Q \vq\i iQ confider alfo, whether they cnurcnmen ' ^ J and diffen- arc not far, very far from the fum- mit of chriftian perfecbion. The few of us difperied over England, v>'ho, through fear and love of the one true god, are obliged to feparate ourfelves from both parties, cannot but view with concern, that, while they arc fo much occupied in a mat- ter of fmall temporal importance, the great truths of religion are neg- lected : E 5f ] lei^ed : and we muft never let flip any opportunity of exciting them to examine and improve their feparate forms of worfiiip and religious com- munion. * That chrifl:ianity has made very fj^Jf/^""* little progrefs for the laft fourteen ^'^"'espre- hundred years, is obvious to every chriien-^ reader of ecclefiaftical hiil:ory,and the fargc" profelfers of it ought not to be fur- prized, fince, during fo long a pe- riod, the world has been under the influence of two opinions, nearly fubverfive of all true religion. ' I . The firft is a very antient opi- Deviation , . , . , . . ,, t'roin the nion, which it was the intention or worfhip of the jewifh difpenfation to eradicate, [[.^/"Jj by fubftituting in its place a long lofl and almoft felf evident truth, That there is one god, and only one god is fuppofed by many to be a truth attainable by human reafon ; but if it were not fo, the authority of revelation has eftablifhed it, and the whole heathen mythology is de- clared to be a fit object of ridicule.^ Still * A learned writer on the niytholooy ot the ancients mnkes tlie iollowin^ remark* on the grolliiell of their luperltition : " Who ^' would C 5= ] Still this truth, confirmed by various acts of omnipotence, did not over- come entirely the prejudices of the chofen people of God ; and as they aflbciated with the worfhip of Jeho- vah that of the neighbouring nations, the great body of chriftians has im- bibed, and glories in imbibing from the fchools of Athens, opinions no where fandioned in fcripture, and has aflbciated the vvorfhip of created beings, with that of the god and fa- ther of Jefus Chrift. So great a de- viation from truth muft neceflarily be attempted with dreadful effefts, the moft folemn acl of life is render- ed childifli, and the unbeliever con- " would imagine, that one of the wifeft na- " tions that ever exided, could reft fatisfied *^ with fuch idle fiffinents: and how can we ac- ** count for thefe illulions which overipread the *^ brighteit minds? We lee knowing and experi- " enced people inventing the nioft childifli tales; " lovers of Icience adopting them; and they are *' finally recorded by the grave hiftorian: all ^*- which would not appear credible, had not we *' thele evidences fo nnmediately tranlniitted " from them. And it is to heobl'erved, that this *' blindnefs is only in regard to their religion ; and ^'- to their mythology, wnich w:isgrounaed there- ** upon. In all other refpeclsthcy were tlie wifeft " ot the fons of men." What will the writers on the mythology of the eighteenth century think, a thoul'and years hence, ot the European Hgments? found- [ 53 ] ftjunding the purity of the ^ofpej with the prejudice of its profeflers, thinks himfelf entitled to ridicule re- ligion, and to defpife chriftianity. Let churchmen and diflenters exa- mine ferioufly how far they have de- viated from the true faith, and, as they reje6l many points eftabliflied by the councils of the romilh church, let them expunge every thing, which favouring of its leaven, is to be found in prefbyterian fynods or epifcopal convocations.* 2. When men blindly receive, in- corporate ftead of revealed truths, the wild t^^.tl;" fancies of fpeculative heathens, it is '^^'^ ^^"y- not to be wondered at, if the other parts of their fyftem fiiould be in op- pofition to the plainell dictates of chriftianity. Our faviour was fre- quently under the neceflity of cor- redling the foolilh vanity of his mef- fengers, and, forefeeing the evil con- fequences of ambition, he reprobated in the ftrongeft terms every defirc of pre-eminence among his difciples. Yet how little have eitl^.er his pre- cepts or his own example been ob- fervcd. Wc have feen in the church of Rome, with what cafe the bed H fyfteiA [ 54 ] fyftem of religion and morals may b^ perverted to the moft deteftable pur* pofes, but forget, that the fame lea* ven ferments in the bodies glorying in a feparation from her, and a re- formation, as it is improperly called, of her abufes. The love of pre-emi- nence is the fecond circumftance, that has been a fatal hindrance to the progrefs of chriftianity. The chrif- tian world has been divided into two parts, clergy and laity, diftinguiflied both by drefs and manners from each other. The clergy every where af- feft a fuperiority, and in confequencc claim to be indulged with peculiar power and privileges. It was natural, that when this pre-eminence was once cftablifhed in the minds of the de- graded laity, the clergy fhould get the countenance of the legiflature, for the framing of laws, not only to preferve their own dignity, but to prevent the interference of the people in ecclcfiaftical concerns. Hence * ec- clefiaftical courts, ecclcfiaftical ranks and titles,' eccleliaftical drefs, 'all re- pugnant to the fpirit of chriftianity. The laity, like brute beafls, fit tame- ly under this ufurpation : a man, if f 55 ] i priefl or minifter enters, is not a inafter of his own houfe, he muft not thank God for the bleflings of provi- dence at his own table, he cannot pledge his faith to a lovely woman without the interference of the priefl, his offspring mull be fprinkled by fa- cred hands, and at death he is not committed to his long home without another fpiritual incantation. * Thefe fuperflitious prejudices are ^^^l~, of without doubt hio-hly beneficial to the t''is corpo- . rate dif- interefl of the clerical community, tinftion. but the morals of neither party are confulted. The laity are apt to ima- gine, that there are feme practices, in which they may be indulged with- out any imputation on their chriftian character ; and the gentleman in black is fuppofed to put on a parti" cular fet of features and behaviour with his cloaths.' The fimplicity of the gofpel admits nothing of this fort. All chriilians are equally fer- vants of one common lord, equally bound by his precepts, and equally entitled to the privileges of his reli^ gion. It may be neceflary to have perfons well educated for the inflruc- tion of the people, and the condutling H 2 of [ 5 IN ( K. J TO THE MEMBERS OF THE HOUSE OF COMMONS. Gentlemen, Several of you are in the fame fituation with my- felf, both fellows of colleges, and members of an acade- mical fenate : a much greater number enjoys the privi- leges of the latter charader. In either capacity, the pro- ceedings in the univerfity of Cambridge, by which an infolent and infamous attack has been made upon my rights and property, deferve a ferious inveftigation. But, if not a fmgle member of the houfe had either received his education at, or been connedled with an univerfity, inflitutions of fuch national importance require conti- nual infpection ; and the places, in which our young men are to be trained up to the love of their country, and the knowledge of every ufeful fcience, are not to be degraded by the pitiful refentment of monks, and th fquabbles of low characters intriguing for preferment. I call on you, not only on my own account, though I think that every injured englifhman has a claim on the protection of his fellow countrymen in parliament, but for the lake of my country, that, by a timely interfer- ence on your part, an abominable fpirit of bigotry and fanaticifm may be crulhed in our feminaries of learn- ing, and that the rewards of literature may not be made the veiiiclcs of corruption, and the bribes of tinic-fcr\ing and intcrcftcd pricfis. Thic univcrfitv of Cambridge Itands in need of a tliurough reform. iVlyown experi- ence of its nieri'.s and defects, is (.onrideraulc ; and ihe injuries 1 liavc rn ci\cd in ii, do noL make vac imniir.d- iii! of the f'jviner, (,r v.:!I;no to c-:;:;:t^er;;,te tl:e l;it!;(r. 'I'lif :i|ij'!ieatif)n of my firl< \e;'r':; ga\ e nic an early op- povrur.lty ( " ) portunity of examining thoroughly our fyftem of edu- cation, and the manners of thofe who prefide over it : but in the diicharge of the duties of an important office, I was not prevented from employing many hours in the ftudies of facred literature. In confequence of this ap- plication of my time, I difbelieved the athanafian creed ; and, on declaring my difbelief, a learned dodour, now a right reverend prelate, who had moft probably never given himfelf the trouble of making fimilar refearches, utio'is v.liich they are !i; rc.if.cr to occr.pv in lil'f, v.rd remove thole ridiculous i'.^u:u s V, h'.cl:, ia ;iit ]".rclc:;t ilay:-,, no one can nlicv, Tlie ( vii ) The univerfity may be made a great national benefit: the magnificence ofitsArudures,and the extent of itsrevenues, occaiion envy only in little minds, who do not confider, that an individual in the peerage pofFefles a greater in- come than that of all the colleges put together j and, in- ftead of diminution, a coniiderable increafe of wealth may be requifite to render them worthy of a rich and enlightened nation. There is not, I am perfuaded, a more fincere friend to the univerfity than myfelf. I wilh to fee it iiourifii ; and I lament that fuch men bear fvvay in it, as are quali- fiedonly to indulge in the repofe of a prebendal flail, or an epifcopal throne. By the interference of parliament, rewards would be held out to literature alone, and, when the church receives no more encouragement than any other profefliorf, our alma mater will become eminently ufeful to her country, and ceafe to exhibit fuch fcenes, as have lately tempted her Tons to believe her in her dotage. A glance at the academical proceedings, contained in the following pages, may fuggeft ibine other ideas wor- thy of a diligent examination. The writing of a book has fubjecled me to much inconvenience ; and I have been condemned without any fpecifick propcfitions being pointed out, as contrary to any exiiling law. The fame thing has taken place in other courts, and nothing ap- pears fo uncertain as the whole doclrine of libels laid down by parliament, or maintained by the jndocs, Tlic nnuriial oiitcrv raited agaiult my pubru-aliosi, made mc i'ubmit it to two eminent characters, tlie one in the ci\ il, the other in the coinnion law. l\hc opiniuu of the l(M-;iKT is piihli(hed in tliis work; the Litter de- chired that there was nothing criminal in it, hut it wa^ iiii)ioii;!)!c to lav, in thele times, what !iii;j,lri he tlu- con- ilriiLii'Vu ol a ji.i"'.'. Surely tiie lav.- oiv^^iit to he (.ich- nite .ui I clear: tell u* v. hac ;n"oi'i;r:i'ij:jS .a:\- eriniinal, ard ( viii ) nnd anthoxirs v/ill then know how far it may be prudent to Ipeak the truth. For my own part, I had not theleaft idea, that a work fuggefting improvements in a govern- ment, without in the leaft approaching the conftitution, could be an object of cenfure. I am convinced indeed, that no difcouragement Ihould be given to the pubUfhing of fpeculative opinions ; and fliould a writer attack the coniTitution itfelf, the refult ought to be, that we fliould either improve upon his plans, or laugh at him for the badnefs of his reafoning. Much clamour has been lately made on the excellence of our conltitution ; and few people, in talking on this fubjedl, are willing to recolleft, that the term itfelf is a mixed mode, and, until it is defined, difputes, carried on with acrimony on fuch a fubjeft, Ihew only the ignorance of the contending parties. The mereft child in reafon- ing knows this; yet the language of men, learned in the law, and eloquent in the houfe of commons, proves fufficiently, that, either from inattention, or worfe mo- tives, they ftand in need of being fent again to the firft rudiments of Icicnce. Every term ufed in law ihould be clearly defined, and every cafe may then be fafely entrufted with a jury ; but, if the bafeil arts are ufed to prejudice the minds of the judges, before a work is fub- mitted to their dccilion, the fituation of writers in Con- ftantinople, or Madrid, is preferable to that in our boaft- ed land of liberty. In recommending thefe things to your notice, I am difcharging, 1 trull, the duty of a good citizen; and lin- cercly wifliing, that iu tlieie critical times your delibera^ tion;, may be the means of promoting tiie common good, I remain, V\ itli groat rcf'pccl:, Gentlc'.ncn, Tour mucli-i/.jiirc':'. Iclknv-ccnuurynvin, U iLLiAM FKEND. PROCEEDINGS in JESUS COLLEGE AND THE UNIVERSITY. J. HE pamphlet, entitled Peace and Union, occafioned on its fint appearance no fmall ferment in the univer- fity. Tlie fellows of St, John's college were particu- larly clamourous, and they were joined by that fet of "men, who, from preteafions to particular fanftity of manners and zeal for orthodoxy, have gained among us the appellation of faints. Thefe two fets formed the majority of the faftion, which now goes in the univer- fity by the name of the 27, among whom the reader will naturally conclude, that tliere were feveral, who, caring little for orthodoxy or fanftity, were zealous to recom- mend themfelves to the ruling powers; an 1, not being capable of acquiring dillinftion by any laudable purfuits in the paths of literature, were anxious to intrude them- felves by noife and intrigue on the pubiick notice. Thefe different parties were employed in difparaging the book, and fpreadir.g abroad very unfavourable re- ports of its authour. They did not hefuatc to declare him guilty of :. falfchood on a matter of fad, Vv liioh was v.'cll known to thoufands within an hoar's ride of Cam- bridpT: but, fucli is tlie nature of prejudice, they would neiiJier give themfelves the trouble of inquiring, nor iiiten to the atteftations of Impartial men. At Jefas collcoe there was a meeting of ibme of the fellows, who drew uj) the following paper: b I'cb. [ " ] Feb. 22, 1793. At a meeting of the prefident and major part of the refident fellows; Kefolved, that a pamphlet, Entitled Peace and Union, lately publiflied by W. Frend, M. A. fellow of this col- lege, appears to us to have been written with the evil intent of prejudicing the clergy in the eyes of the laity, of degrading in the publick efteem the dodlrines and rites of the eftablilhed church, and of difturbing the har- mony of fociety. And that, as we feel it to be our par- ticular duty to difavow principles calculated to miflead the minds of young men entrufted to our care, a copy of the faid pamphlet be fent both to the vice-chancellor of the univerfity, and to the vilitor of the college, inclofed in a letter to each, exprefling our difapprobation of the opinions therein delivered, and humbly requefting them to take fuch meafures as in their judgement may appear moft proper for the effedual fupprelhon of their dange- ous tendency. W.Mathew. J. Coftobadie. T. CaMey. J, Plampin. Tho. Bayley. Soon after there was a meeting at the yice-chanceller's lodge of the twenty-feven, all members of the fenate, who entered into refolutions to profecute the authour. In confequence of this tranfadlion the following notes pailed between Mr. Frend, Dr. Kipling, and the vice- rhanceller. To the Rev. Dr. Kipling, Mr. Frend requefts that Dr. Kipling would fend him a copy of the refolutions made, and the names of the pcrfotis v/ho figned tliein at a meeting held yefterday at <.)iicen'^ lodge, of wliich he underllands that Dr. Kip- Hag was tlu: cliairinan, T\irf(lay morn. Mar. _-;, 179.3. [ xi ] To Mr. Frend. Dr. KipKng has not in his pofTeflion a copy of the refo- lutions that were made yeiterday at Queen's lodge. Tuefday, Mar. j. To the Rev. Dr. Kipling. Mr. Frend requefts tliat Dr. Kipling would inform him by what means he is to get a copy of the refolutions that were made yefterday at Queen's lodge. Tuefday, Mar. 5. To Mr. Frend. Sir, The refolutions were depofitcd in the hands of the vice-chancellor, and I believe that no copy was taken of them by any gentleman at the meeting. I am, Sir, yours, &c. T. Kipling. To the Rev. the Vice-chanceller. Mr. Frend having been informed by Dr. Kipling, the chairman of a meeting held yefterday in the houfe of the vice-chanceller, that the refolutions of that meeting were depofited in the handsof the vice-chanceller, requefts the favour of the vice-chanceller to fend him a copy of thefe refolutions, and of the names of the perfons who ligned them. ^ar. 5, 1793. To the fame. Mr. Frend, not having received any anfwer to his note to ilie vice-chanceller, is apprehcnfive that it may not have reached him, and muft therefore beg leave to re* new his rcqued, that the vice-chanceller would favour him with a copy of the refolutions made yefterday at his b 2, lydge, [ ^11 3 lodge, and depofited, as he was informed by a note from Dr. Kipling, in the hands of the vice-chanceller, together with a copy of the rames of the perfons v^ ho figred them. Mr. Frend's interefts are fo materially involved in thefe refolutions, that he is anxious both to infpeft them him- felf, and to fubmit them to the confideration of his friends. On thefe accounts Mr. Trend truPis the vice-chanceller will think no apology neceflary for this trouble. Mar. 5, five o'clock, afternoon. To Mr. Frend. The Vice-chancellor informs Mr. Frend that he does not think himfelf autho' ized to comply with his req^ueft. Queen's Coll. Lodge, Tuefday, Mar. j. The affair now took a very ferious turn, and fome fe- vere cenl'ures were paffed on the twenty-feven in the pubiick papers; which put the authour under the necef- fity of writing the following letter to the editor of the Morning Chronicle, who very kindly inferted it in his paper. To the Editor of the Morning Chronicle. ., Sir, It was with great concern that I read in your paper of Thurfday lai\, an account of the proceedings now on foot in this place againd myfelf as author of a pamphlet en- titled ' Peace and Union, recommended to republicans and antlrepublicans,' becaiift it is my v> iffi that the pubiick may be prefented v.ith a clear Itatement of this extraor- he cited into tiiC vice-vjiianccllcr's cotirt, ditl not rcc(.'i\e his iiini- iJior. uiiiil liic zj\th of April. But luit content with prolixin !!!_':; b'.in in one court, the i'm^lion tho\!j:jK it CKpedlcnt, liiat he llioidd ha\'C no red in his own col- I'.'j^e, and the mjfter, ai'rcr ;v,u days dclil>eration with icveral [ xiv ] feveral of the fellows, and an intermediate journey t London, to take the opinion of a civilian, appointed a meeting of the college, which he required the authour, by the following note, to attend. The mafler of Jefus college informs Mr. Frend that he appoints Wednefday, April 3, at eleven o'clock in the morning, for a meeting of the mafter and fellows, to take into conlideration a pamphlet, entitled Peace and Union recommended, &c. by W. Fiend, &c. which meeting the mafter requires Mr. Frend, if called upon, to attend. Jefus Coll. Camb. Mar. 27, 1793. W. Pearce. To Mr. Trend. The attention of the univerfity was now turned to this meeting, and the opinion, which the mafler had brought down w ith him from town, was thought by the faclion a fufficient ground for expulfion from college. This the maflcr would not permit the authour to have a fight of, though it was fhewn by him to his friends out of college, who lolt no time in circulating the report through the univerfity, that every thing fucceeded to tlieir wilhes, and that there could be no doubt of the college co-operating with the twenty-feven in the exe- cution of their deligns. The friends of the authour were alarmed; with the energy of that zeal, which throughout the whole of thefe proceedings have uni- formly marked their kindnels towards him, tliey came round him, and entreated him to be no longer pafTive. They requefted him to fend the cafe to a civilian: he coniidered it as fuperHuous, conceiving that it required none of the acutencfs of a lawyer to underiland a plain college (tatute: but being unwillling to oppofc the better JTuKement of perfons, for whom he has the grcateft re- gard, he fent his cafe to town to be laid before a civilian, and received the following opinon from Dr. Harris. CASE [ ^^v ] CASE. The following is a copy of one of the ilatutes of Jefus college, Cambridge. De poena enormiter delinqiientium. Item ftatuimus ordinamus et volumus quod fi quis fo- ciorum aut commenfalium live (tudentinm didii noftri collegii incorrigibilis exiftat vel de perjurio (quod abfit) aut facrilegio furto rapina vcl homicidio adulterio vel inceftu aut alio lapfu carnis enormi aut iniqua violenta et atroci percuflfione ftudentis focii vel quod deterius eft magiftri vel in alio quocunque crimine de majoribus et gravioribus qux infamiam irrogant reus inventus fuerit per magiftrum vel prafidentem et majorem partem foci- orum ab ipfo coUegio noftro removeatur et penitus ex- pellatur. Mr. Frend, one of the fellows of Jefus college, being the fuppofed authour of a traft, entitled ' Peace and Union, &c.' a copy of which is left herewith for your perufal, and the college intending to take it into conli- deration, how far they fliall be juflified in proceeding againft him on the above recited flatute, on Wednefday next, your anfwer is requeued, without lofs of time, to the following qucilion : " Is the authour of the book, entitled Peace and Union, Sec. liable, on account of any thing written in that book, to the penalty contained in the above llatute, and under what part of the llatute can the authour be proceeded ;igainft?" The anfwer of Dr. Harris. The college flatute is penal in its i::\ture, and oupjht not to be conilrued more cxtenllvcly by the members of a fociety, than it would by an ellabiiihed court of pvb- lick L xvi l( lick juftice; and penal ftatutes are always conHnied ftrictly iji public courts. The recited Aatute enables the mafter or prefident and the majority pf the fellows, which I apprehend to be a majority of the whole number, and underfliand to be i6, to punilh any member of the college, even by expulfion, who is found guilty of perjury, i'acrilege, rapine, theft, homicide, adultery, inceft, or of any grofs milbehaviour or violence toward the mafter or any of the fellows, and alfo of any other crimes, which may ftamp infamy on the offender. It is, I prefume, clear, that the writer of the pamphlet cannot be accufed of the commiflion of any of the crimes, which are exprefsly fpecified in the ftatute ; it can there^ fore only be aficed, whether Mr. Frend, admitting him- felf to be the author of the pamphlet, can, as fuch, be faid, in confequence of any pallkge or paflages contained in it, to have maintained, adopttd, or favoured any dolrine or opinion, which can be juflly deemed to be of fuch nature as to brand him with infamy, on fuppo- fition that this ftatute is not limited to overt acls, and can be extended to tenets. To this I anfwer, That, as the crimes exprefily mentioned in the ftatutc, are all crimes of comminion, it is to be inferred that the crimes, which are intended to be included imder the words, 'quocimqnc alio crimine,' are crimes of com- miilion alfo, and of the fame nature wiir. thoic which are tx))reired, and imply not the crimes of entertaining and propagating opinions, be they \\hat they may: I have, however, no liiiTiculty in further Ir.vinp, that on a very attenti\e periilal of the pamphlet, I have not be: n able to Hnd any doctrine or opinion propoiedj maintained or favoured L xvii ] favoured in it, which in my apprehenfion can, in the judgcinent of any loyal, moral and chriftlan man, be laid to fix a Itaia on the maintainer of fuch doctrine or opinion, and much lels fuch a l\ain as could render hi;n inlamous in any legal fenfe, or in the judgement ' boni et aequi viri.' After what I have written, it may not be abfolutely necelfary tor me lo add more, but it may yet be in point of iOnu expedient for me to fay, though it may favour of repetition, that on the fuUert confideration of the cafe, according to the information before me derived from the college ftatute and tlie pamphlet, I am llrongly led to think, that Mr. Frcnd can have no reafon to be appre- henfive of any fort of cenfure from a majority of a num- ber of literary, well-informed and candid men, fuch as iiis college is rcj uted to be compofed of, if they confine themfelves in tlie prefcnt inflance to the powers given them by the college flatute, and to the contents and the general tenor of the pamphlet. George Harris. Doctors Commons, 3ifl March, 1793. The cafe and anfwer the authour put into the hands of tlie mafter tlie day before the meeting, and dcfircd him to lay them before the fellows. This was done in the evening, and on the next day the authour wrote down every thing that paiicd in the meeting, as far as he was perlonuily concerned, in the lolluwing words: A little before twelve o'clock on April 3, 179,^, I was called into :he parlour by the j^orter; aiivl Lhe maflcr, in the prefen-.e of ten fellows, ihewinjr mc a parnyhiet, a!!;ed ine, whether I avowed myklfthe ai.c].o.:; of it. I to'd Ir.m t'^at, by advice of a civii'.an, 1 requellcd the accfaiioi', u I V as utcuicd of any thing, in wricing. c He [ xviii ] He told me, that there was no accufation, and fliould only aflc me this queftion. I replied, that by advice of a civilian I muft beg leave to wave any anfwer to this queftion. Do you difavow i, faid the mafter. I re- plied; On the fame principle I wave any anfwer to this queftion. I was then defired to withdraw. Between feven and eight in the evening the mafter again fent for me, and told me in the prefence of th fellows, that they had enquired into the proofs of my being the publifher of the pamphlet, and that they were thought fatisfaftory. He alfo read to me the following refolutions: ift. That feveral paHages in the faid pamphlet have a tendency to prejudice the clergy in the eyes of the laity, 2dly. That feveral paffages in the faid pamphlet have a tendency to degrade, in the publick efteem, the doc- trines and rites of the church of England. 3dly. That there is a tendency in the faid pamphlet to difturb the harmony of fociety. 4thly. That the faid pamphlet tends more particularly to hurt the credit and interefts of this college. 5thly. That in publifliing the faid pamphlet, Mr. Trend is guilty of an offence contrary to the laws of the college. Thefe refolutions were made, the mafter faid, by the mailer and the major part of the fellows. On being allied, what I liad to fay in my defence, I requclled, that u written copy of the accufation might be I xix ] be given to rac. Upon which the mafter defired me to witlidraw, that the matter might be put to the vote. About half an hour jifter, I was called in again, when the mafter read to me the following words; The queftion being put, whether Mr. Frend fhould have any charge delivered to him in writing, and it being urged, that Mr. Frend had feven days notice by a fummons from the mafter, of a meeting, for the confi- deration of his pamphlet, and that the charge was fuffi- ciently implied in the refolutions, that had been read to him, it was carried in the negative, Being afked then, what I had to fay in my defence, I replied, that, without an accufation, it was impolTible for me to defend myfelf, but that I flaould be exceed- ingly forry, to have been guilty either intentionally or unintentionally of feveral things, contained in their re- folutions. I then retired. About a quarter paft nine I was called in again, when the mafter read to me the following words: The queftion being afked, whether Mr. Frend iliould be again called in, and informed, that the meeting ftill perfift in not delivering a written charge, and that if he will not proceed on his defence, the meeting will pro- ceed without it. Agreed to. I then faid, that I prefumed, I muft confidcr the refo- lutions as an accufation, and tlicrcfore requefted, that the pafl'ages in tlic pamphlet might be referred to, with the ftatutes which I had oflendcd againft, and that I ^fcould then proceed on my defence. 1 then retired, and ( 2, heard, [ XX ] heard notliing more from the meeting, which broke up about eleven, till the next morning, when I was fum- moned into the parlour between nine and ten. The mafter was going to read fomething to me, but I requefted to fee firit the proceedings of yerteiday. I then retired, and on my return the maiter informed me, that my requert was not grunted. I urged, thai I had a mateiial objcctioii to piopofe, but the mafter refufed to hear a-.-^y th'ng, faying, that, if I had any thing to fay in my di:fei>ce, i ought to have faid it yefterday. I re- plied, that I was ready t-o pi oceed in my defence yefter- day, bvit was delired to retire, when I had requefted, that the pa'.fages of the pamphlet might be referred to, with the iiatutes which I had offended againft, but was never called in to make my defence. He fiienced me, and read the followirig words from a written paper io his hands: Is it the opinion of this meeting, that Mr. Frend be removed from the college, that is from the precincts of the college, and from refidence in it, till he fliall pro- duce fnch proofs of good behaviour, as fhall be fatif- fadlory to the mafter and major part of the ftllows? In the affirmative^ .1 1 the negative-! The mafler. Mr. Mathew. Mr. Flampin. Mr. Coftobadie, Mr. Bayley. Mr. Callley. Mr. Stockdale. f Mr. Newton. Mr. Warren, Mr. AVhiteheadv Mr= Ottej-. And t xxi ] And agreed by thofe, who anfwered in the affirm** rtve, that he may be allowed a month from this time, to fettle his alfairs in college, the other four not diflenting. I then withdrew. It was not irkely fuch arbitrary meafures fhould be complied with, and though the bilhop of Ely is vifiter of the college, it was thought necefiary to comply with the common forms on fuch occafions, and to appeal to him from die injulHce of the mafter and the fix fellows. The appeal was accompanied with the following letter. My Lord, The unflatutable proceedings of the mafter and certain fellows of the college, have put me under the neceflity of troubling your loidfliip with the appeal which accom- panies this l, tter j anJ I flatter myfelf that your lordfliip will fee the propriety of my requeft, that your lordfliip would fufpend the execution of the fentence, againft which I appeal, until the matter, now at ilTue, has re- ceived your lordfliip's determination. I remain, with great refpedl, my lord, your lordfliip's very obedient Jef. Coll. Camb. and humble fervant, April 17, 1793. Vv. Fkend. THE APPEAL. To the hon''^'". and right rev', Jamfs, lord bifhop of Ely, vifiter of J efus college; ihe humlile appeal of William Frcnd, M. A. and fellow of the laid col- lege, Shcwctli, That at a meeting of the maftcr ana ten fdlows of the fuid i^ollege, heUi 011 ilie third of April, the mailer and a majority of the faid fellows fuppoling the appellant to f xxii J to be the publifher of a pamphlet, entitled Peace and Union, concurred 'in the following refolutions: 1. That feveral paffages in the faid pamphlet have a tendency to prejudice the clergy in the eyes of the laity. 2. That feveral pafTages in the faid pamphlet have a tendency to degrade, in the publick efteem, the doc- trines and rites of the church of England. 3. That there is a tendency in the faid pamphlet tp difturb the harmony of fociety. 4. That the faid pamphlet tends more particularly to hurt the credit and intereits of this college. 5. That in publifliing the laid pamphlet, Mr. Frend is guilty of an offence contrary to the laws of the college. And, in confequence of thefe refolutions, without having pointed out the exceptionable pafTages in the faid pamphlet, or the flatutes againft which the appellant is fuppofed to have offended, or having even permitted him to fpeak in his defence, the mafler and fix of the fellows agreed, on the fubfequent day, to remove the appellant from refidence in the college, as appears from the fol- lowing words, which the malter read to the appellant in the meeting; Is it the opinion of this meeting, that Mr. Frend be removed from the college, that is from the precin(5ls of the college, and from refidence in it, till he fhall pro- duce fuch proofs of good behaviour as Ihall be fatisfac- tory to the mafter and major part of the fellows? The xxiii 3 In chcafiSfmative- The mafler. Mr. Mathew. Mr. Plampin. Mr. Coftobadie. Mr. Bayley. Mr. Caftley. Mr. Stockdale. f Mr. Newton In the negative J Mr. Warren. I fAr. Whitehead. |_Mr. Otter. And agreed by thofe who anfwered in the affirmative, that he may be allowed a month, from this time, ta fettle his affairs in college, the other four not diffenting. To prevent the execution of this fentence, palled in fo irregular and unftatutable a manner, the appellant humbly requefts the interpolition of the vifiter on the following grounds: 1. Becaufe no exceptionable paflages in the faid pamphlet were produced. 2. Becaufe no laws of the college, ngainfl: which the appellant has offended, were pointed out. 3. Becaufe the appellant had no opportunity of vindi- cating himfelf from the fuppofed charges. 4. Becaufe it does not appear from the flatutes of the college, that the mafler and fix of the fellows, or any other number Icfs than the majority of all the fellows, are competent to inflift any punilhment on a fellow, iuch Icl's one not cxprefsly warranted by the f\atutes. r. Be- [ xxiv ] 5. Becaufe the fentence of removal from the college is not only not warranted by the ftatuces, but is clearly inconfiltent with that which requires the conltant refi- dence of the mailer and fellows^ W. Trend, The mafter and five fellows anfwered the above ap- peal, and delivered a copy of it to Mr. Frend. To the honble. and right reverend James, lord bilhop of Ely, vifitor of Jelus college, Cambridge. My lord, We have received from Mr. Frend a copy of an ap- peal, which he has made to your lordlhip, from a fen- tence of a motion pronounced againft him by the mafler and major part of the fellows, for publiniiug a pamphlet entitled * Peace and Union, &c.' The fpirit and con- tents of the pamphlet confidered, we had realbn to think that in the fentence pronounced, the lenity of the col- lege was as coiifpicuous as its jultice. But fiace Mr. Frend has not thought proper to acquiefce in it, we beg leave, in few words, to vindicate our proceedings from the ob- jcdions which he has made to them. As Mr. Frend, in the introduftory part of his appeal, rcprefents tlie maiter and fellows, as only fuppofmg him to be the publifher of the pamphlet in queftion, we fhall lay before your lordfhip, in the firlt place, the evidence which was adduced to us in proof of that fuel. Mr. Bowtcll, the bookbiiider, and his boy, were the iirit called in. The boy laid, that a parcel of books cnme to Mr. Bowtell by the St. Ive's carrier, that Mr- Frend came and unbound the parcel, dividing it into two bundles, which, by Mr. Frend 's orders, he carried to the two bookfcllers, Merrill and Lunn, for falc. Mr. Bow tell [ XXV ] Bowtell confirmed that Mr. Fiend was at his houfe on this bulinels, and that it was on the 12th or 13th of Fe- bruary. The boy added, that he did not carry any books to Merrill's or Lunn's tor a confiderable time be- fore or after. Lunn's lervant was then called in, he confirmed the bringing of the bundle by Bowtell's boy to Lunn's Ihop, and laid that it conliited of Mr. Frend's book called ' Peace and Union,' &c. He farther faid, that that morning, April 3d, he brought twenty copies of this pamphlet from Mr. Frend's rooms, at Mr. Frend's requeft, for fale, one of which pamphlets he produced. This is a detail of the evidence given to us in fupport of the fact of publication, by which we were fully latis- fied that Mr. Freud was to be confidered as the pxibliflier of the pamphlet. The faft of publication being thus el- tablilhed, the firft ground of objeftion taken to the validity of our proceeding thereon is, that no exception* able pall'ages of the pamphlet were produced. It is true, my lord, that we declined pointing out par- ticular pail'ages, becaule our difapprobation was founded not merely on detached paflages, many of which are, in our apprehenfion, of a tendency highly criminal and dangerous, but alfo on the general tenor and tendency of the whole compofition. If your lordlhip Ihould deem it neceflary, that paflages ihould be dilfinftly pointed out, we ihall have neither difficulty nor repugnance in obeying any order which your lordihip may be pleaded to make upon us to that effect. But we humbly con- ceive that the whole pamphlet (to which we refer, and V, hich we have annexed to this anfwcr) being fubmitted to your lordfljip's view, will remove the uecefTity of any inch feledlion at prefent, and fully ju If ify the pro - t)ricty of having declined to make any luch ll'Iediou at ti;ctiji!0 c.^'the iiujr.iry. d Th [ XXVl J The next ground is, that no laws of the college, againft which Mr. Frend had offended, were pointed out. In cafes of difcipline, we apprehend that it is not ne- ceflary to point out particular ftatutes; becaufe if the matter is referred to the vifitor, the college avails itfelf not of one, but of the whole body of the ftatutes, and alfo of the general defign and intention with which fo- cieties of that kind are initituted. The college, we fub- mit, hath, quatenus a college, an inherent right, inde- pendently of any exprefs or particular ftatute, to take cognizance of and punifh offences, contra bonos mores, committed by its members; and among thofe offences we believe, no perlon will have any difficulty in ranking the publication of this pamphlet. The 3d ground is, that Mr. Frend had no opportunity of vindicating himlelf from the fuppofed charges. It will appear to your lordfliip from the courfe of the proceedings, that three diftinft opportunities of defence were given to Mr. Frend, which he declined to accept, but upon conditions demanded by himfelf, to which the college acceded, fo far as they conceived thofe condi* tions to be founded in juftice. The fir(t time that he wa called in, inftead of entering upon his defence, he demanded a written charge. The fecond time that h was called in, he would not enter upon his defence, but inlifted upon his former demand, though he was told that the charge, which he demanded, was contained in the refolutions which had been read to him, of which he had taken a copy. It was then refolved, that if he would not enter upon his defence without fome other charge than that contained in the rel'olutions, the meet* ing would proceed without his defence. On being call- ed in a third time, this was declared to him: but inftead of attending to it, ha made oiher new deiainds, which were, [ xxvii ] were, that as by the refolutlons read to him, he was a%- cuied of certain offences, tlie pallages of the book, in which he had oftended, and the ftatutes againft which he had offended, might be pointed ovit to him; which were refilled on the grounds above Itated to your lord- fhip in our aniwer to die firlt and fecond articles of ob- jection. As to the 4th objection, that it doth not appear from the Itatutes of the college, that the mafter and fix of the fellows, or any other number lefs than the majority of all the fellows, are competent to inflicl any punifhment on a fellow, much lei's one not exprefsly warranted by the ftatutes : We aniwer, that the prefent fentence was virtually paficd by a majority of the fellows; for a ma- jority of the fellows being prefent at the meeting, and the major ])art of that meeting having concurred in the fentence, fuch fentence is valid, and to be confulered as palled by the whole meeting, tlio' Ibme of the members prefent Ihould have refvifed their aOent to it, and even cxprelTcd their diflent from it. If there Ihould be any doubt of this, uj^on the face of the Itatutes, we beg leave to refer your lordihip to bilhop White's iutcrpretatioa of them, which is of equal validity. The laft ground of objeclion is, that the fentence of removal from the college is not only not warranted by the ftatutcs, but is clearly inconfillent \\ ith that ftatute, Vvhich requires conftant relulencc oi' the mailer and fel- lows. In anfwer to this we nuift ohfcrve, that tlic llatntes confer a jxnver of total expuliion itlclf, for fuch arts of iiiilconduct, as are more partK'ularlv cri'ninal and olFcn- fivC. But ahho' it were true, that the fe:ncncc was not fxprelUy marked out by the Itatutcs, yet we contend, that it was perfectly comj)etent to the c()lli'2,c to \n-o- d i iiDiiuce [ xxviii ] nounce it under that general and neceflary authority which it poflefl'es in all cafes of difcipliue, whether fpc- cifically defcribed in the ftatutes or not. I^mporary a- motion is a punifhraent well known, and is frequent in the praclices of all colleges for offences either moral or academical. It is analogous to the canonical puniihment of fufpenfion ab officio, which is chargeable with in- ducing the fame inconllitency as is complained of in the prefent cafe, fince the minifter is thereby reftrained from difcliarging thofe duties, which he has folemnly bound himfelf to perform. It is analogous to moft pu- nilhments in civil fociety, which induce, for the time they laft, a difability of doing feveral acts which the guilty perfon would otherwife be under an obligation of performing. A fimilar inconfiftency to that which is now complained of, occurs between two of our own ftatutes '. the ftatute de refeclionibus, cap. 19, fays that the fellows fhall not be abl'ent from dinner or fupper in the hall, nifi ex caufa rationabili, per magiftrum et fenef- challum approbanda. And yet the flatute de malis mo- ribus, &c. cap. 8. requires that a fellow, for certain offences fliall be put out of commons. This objeftion we cannot help oblerving is fomewhat extraordinary, coming from a man in Mr. Freud's lltuation, fince it pocs to the lenity of the fentence ; for the ffatutcs would have war- ranted the college in punifliing him, by total expulfion, for an offence of Inch magnitude as that of which he has been guilty. We have the honour to be, my lord. Tour lordfhip's moi\ dutiful and molt obedient fervants, W. Pcarce. W. Matliew. J. Plainpin. J. Cofiobadie, TJio. Bayley. Tiiomus Caifley. The [ xxix ] The profecution in the univerfity now took up the attention of the appellant, fo that having only curlbrily looked over the anfwer, he wrote to the bifhop to excufe himfelf from replying to it immediately. My lord, Mr. Mathew put into my hand yefterday, by your iordihip's order, the anfwer of the mafter and certain fellows of the college to my appeal. The fame motives which led them to condemn me, miheard, in this col- lege, inftigated them to make part of a cabal to profe- cute me in the vice-chanceller's court, and I have been under the neceflity of appearing in that court four days ; where, after a ftrict examination of fifteen hours, the fadls have not been proved which they have mifrepre- fented in their anfwer, and on which, after a few mi- nutes converfation, they took on themi'elvcs to pafs a fentence wholly irrelevant and unjuftifiable in law and equity. My accufers are expefted to finifii their charges on Friday next, and I (hall he called upon for m de'ence in the courfe of next week. Your lordf 'p- is lenfible that a perlbn who has for the laft tliree months ]r;boured tnider the prefTnre of every thing which iDul'ce and calumny can fucrffefl, ar.d whofe attention has been v,-caried by the fatigx-e of obfcrving the wretclied tricks v.hich my accufers have u'ed in attacking nie, is inca- pable of fitting down iminediatciv to reply to the maf- ter's anfwer, in a manner worthy of yov.r Iordihip's notice, and I fhall therefore prcfun'.c fo f.ir on yor.i lr)rd_ Ihip's patience, as to dchv the rrT-l-, till I have com- pleted my defence before tlio ; .livt ri'^y. /^ s the an- als of tlie univerfity do nc- rrrf^-n nr, ir.f'mce < *' -i pe-fc. u- tion attenricd wirli fo manv rlvjw'./lnr.ccs '<*' ma!>e and ingratitude, ai;J fo contrary i\oi o.;ly to ihc prir.ciples of [ XXX ] of the chriftian religion, but to every maxim of law and juiUce, I truft that your lordfliip will, with your ufual kindnefs, accede to the requefl of a much injured man, and one, who is witli great refpecl, Jef. Coll. Camb. My lord, ^'Iay 15, 1793. Your lordfhip's very obedient and humble fervant. W. Trend. The bifhop did not condefcend to anfwer this letter, but by his fecretary, allowed three weeks, to commence on May zzd, for the drawing up of the reply. Before the expiration of that term another requeft was made in the following letter. My Lord, I am forry to be under the necefTity of making another' application to your lordiliip, to requeft farther indul- f;ence with rel'peft to the time of making my reply to the paper delivered to me by Mr. Mathew. A plain ftatement of facls will, I flatter myfelf, convince your lordlhip that my requeit is not unreafonable. The vice-chanceller's court was broken up laft Thurf- day, after having fat eiglit days, during which, my at- tention was neceHarily taken up with the proceedings; and the fatigue I underwent might have borne down men of much flronger conftitutions. On Friday I ap- pealed to the univeriity, arid on Saturday the proftor, in the name of the univeriity, inhibited the vice- chanceller from putting his (entence, \\hich is founded neiihtr in law rior evidence, into execution. I muft now prepare uiyiclf to appear l)cforc tlie delegates, and iK)t being by '.iny means recovered from the fatigue of the [ xxxi ] Ae hft bufinefs, your lordfliip will, I hope, have tlic goodnefs to allow me a longer time to prepare the reply to be laid before your lordlhip. It is an unufual thing that an engllfliman fiiould be thus employed in two different courts, on the fame fub- ject, and I was once in hopes that my perfccuters would have permitted a decifion to take place in one court be fore they proceeded to attack me in another. But as they were refolved to harrafs me to the utmoll of their power, I have only to commit my myfelf to your lord- Ihip's protection, and to rcquefl that, as to this moment 1 have not been free from vexation, and am now fcarce able to take pen in hand, I may be indulged with longer time, or, if it fliould be agreeable to your lordiliip, I could wilh to be permitted to delay my reply till the merits of the caule, now pending in the univerlity, have been fully and finally difcufled by its delegates. I have -the honour to be, with great reCpecl, My Lord, Your lordfliip's very obedient and humble fervant, Jefus College, Camb. June 3, 1793. Vv . Frekd. The birnop, in return, anfwereJ by his (ecrctary, that lie (lid not tliink it coulillcnt with a proper atten- tion to the college, and the i:aturc of the budnefs re- ferred to him, to comply with the rcqueil. Hi:, lordlhip wa'i, therefore, put to the trouble or" recei\ iii'.^ anuthcr Ittticr. Mv Lor-l, As tbc circumdancf" ;:!rcaiiy li^.cniioiicd to voim- lord- lhip huvc prcvcuicJ uic from yb. ii.g move tliua .1 curiory ^Liucr f xxxii ] glance at the anfwer to my appeal, I am by no means certain what time or trouble will be requifite for the reply. But if I am not in the mean while called upon by the uriiverfity, I Ihall do my utmofl endeavours that it may be with your lordfhip by the end of next week. I have the honour to be, with great refpeft, My Lord, Your lordfliip's very obedient humble fervant, June 5th, 1793. W. Frend. After this the appellant went into the country for a few days to refrefh himfelf a little from the fatigues of academical ftrife, and on his return to college took up the anfwer of the mafter and his fellows, and, furprized to find it fo weak and trifling, drew up, in a couple of days, his reply, which he fent, accompanied with the following letter, to the bifhop. My Lord, Inclofed is my reply to the anfwer of the mafter and five fellows of this college. Had I, on the receipt of it, read it twice over, your lordfliip would not have been troubled with any requefts from me for time to confider it. I remain with great refpeft. My Lord, Your lordlhip's very obedient humble fervant, June 14, 1793. W. Trend. The abfence, it is prefumed, of his fecretary, put his lor ni prctciiiio.i:, a;:;i which Ili'julJ be confined lo ch-ry^- Tneu onl V. f guft. [ xlii ] gxift, admiilion into the college would be denied to him. On that day Mr. Frend returned to college, and about twelve o'clock received an intimation in writing from the mailer, that the college fervants were prohibited from lupplying him in future with any necelFaries. Be- tween three and four he went, according to a previous engagement, into the town to dinner, and foon heard that, immediately upon his going out, the college gates were all fliut. About i'evenhe went down to the college, found the great gate (hut, rang the bell, and, on the porter's opening the gate, walked in, and in a tone of authority, reprimanded the porter for Quitting the gates at fo unfeafonable an hour. From thence he went to the lodge to expoftulate with the mailer on the abfurdity of thefe proceedings, and not finding him at home, le^t a note, to delire the mafter to declare, whether the gates were lliut by his order or not. After having thus lliewn his perfect contempt of the mailer's orders, he returned to his friend's houl'e, and fpent only one morning afterwards in college. On the twenty-feventh of September, indeed, he intended to revilit the college, biit found that Mr. Plampin, from the malignity of whole zeal nothing elfe coidd be ex- pedcd, had taken the precaution to order the gates to be Unit, and an iron cliain to be kept acrofs the great door. So contemptible a warfare, mult degrade the au- tliours of it in tlie eyes of every impartial man : for, if the mailer and his cabal had been conlcious of the rec^ti- tude of their caule, there would be no need of chains and locks, to keep out an individual ; but having no idea of propriet)', or the refpecl chic to a member of the col- lege, and to the publick at large, they were fatisficd with a wantt)n exercii'e of power, and iicithcr their oaths, nor tlie meaning of ilatutes, came in co!;i}ietition w ith the meanncis of revenge, and the gratification of low in- trifvuc. With [; xiiii ] With the conduct of thefe men, it is but juftice to con- traft, for the credit of the college, that of others, who relifted the violence of their proceedings. The protelt fent to the bilhop of EI5', by tliree of the fellows, comes from men defcrving of rcfpecl, as well for their literary attainments, as the probity of their charafters. Though they protelled againll the conduft of their col- leagues, they did not approve of feveral paflages in the obnoxious work, but they made a true dillinftion, by itanding up for the rights of every member of the col- lege, which were fo indecently violated by the mailer and his faction. It is the duty of an authour, to give his fcntimcnts with freedom to the publick ; and the ajipro- bation or difapprobation of that publick ought not to be the rule of his conducl:. By fuch a rule, Mr. Frend is certainly not guided, who writes to inform, and to in- ItrucT: : who knows, that the judgement of cotemporaries is not always the criterion of excellence, or certainty ; and that an attack on prejudices muft be fubjefted to the retort of difapprobation. The protelters had the lame right to exprcis difapprobation, as the authour to favour contrary lentiments: thofe only are in fault, who would injure a man for a ditFerence of opinion. The Ihort in- terval of twenty years will confirm, or confute the pre- fent dif'cordance of opinion on a book, written certainly vith the intention of producing general good ; and let it he recollected, in the mean time, that the works of Locke, which are now the text of the univerfity, were once the object of general cenl'ure. Of the three proteflers, Mr. Newton is a tutour of the colk'i^c, and in the cxercife of his ctdlegiate und ;ir;uic!nical duties, has always been a perte5l contiMit to his collcatiue. Mr. Newton is afliduous in gi\miv lectures, is artenti\e to liis pupils, is exem- ])larY ill ];is coiulucl, and eiiijiloy; his Icifiirc hours in literary and plnloiophical occupations. Mr. White- [ z head'% L xliv ] head's clafTical merit was diftinguifhcd by academical honours, and he is now the much refpe6led mafter of Sevenoaks fchool. Mr. Otter's application to mathema- ticks was crowned with fviccefs, and the ftation he holds in the family of a nobleman, who fills the higheft feat in the univerfity of Oxford, is a fufficient proof to thofe, who know it not from perfonal acquaintance, of the ex- cellence of his charafter. On the fix fellows in oppofir tion, let others enlarge ; but as they toqk upon them- felves to fpeak in contemptuous language of the beha- viour of Mr. Frend, it was necefliiry to Ihew, that their conduct was reprobated by the beft members of the col- lege. From the three gentlemen above-mentioned, Mr. Frend never folicited the leaft favour in his caufe ; their conducl: was entirely the refult of their own feelings, and will always do them honour ; they acted as becomes in- dependent men, who are perfuaded, that they have no right to proceed to collegiate ccniures, unlefs the in- fliftion of them is authoriied by the ftatutes of the col- lege. It is now time to return to the univerfity. In confe- quence of the refolutions made at the vice-chanceller's lodge, Mr. Frend was fummoned to appear in the vice- chanceller's court, and during a month, in which there were eight court days, the trial v.-as pending. From the fentence of that court, he appealed to the univeriity ; and this ftep will, to a fupcrficial reader, fecm extraordinary, fmce in his proteft, he declared, that there could be no appeal from a fentence founded on the flatute on which he was condemned, exccj)t to the courts of Weft- minller-hall *. This is ftriclly ti'uc ; and if, after an ex- amination of the fuppofed ofttnce before the vice-chan- celler and heads in the proper place, he had rcfufcd rp * Sec fT.^e 6. comply [ xlv ] jcomply with their terms, tlie univerfity could not have interfered : but, us the caule was tried in the vice-chanT cellar's court, an appeal to the fenate was not only ftriftr ly in form, but abfolutely neceflary. Wirhout inch an appeal, on application to the court of king's bench, the anfwer of the vice-chanccllcr would have been : The caufe was tried in the vice-chanceller's court, from which, if any faults have been committed, an appeal lies to the univerfity. Such an appeal would then have been, difmifl'ed, with this aniwer : You ought, according to the ftatutes, to have appealed, within two days after the fentence ; it is now too late, the fentence of the vice- chanceller is irreverliblc. On thefe grounds tlic appeal was made ; but every one was aware, that it could not be oiherwilc of fer- vice, than as preparing the bulinefs, if neceflary, for rhe courts above. What probability was there of impartial delegates being chofen ? To omit that they were named by one of the heads, ^\ho had co-operated with the vice- chanccllcr in {jgning the fentence, the cabal had deter- mined, that no pcrlbn iiiould be cliol'en, who was likely to decide with impartiality. Without entering at pre- fent on the cliaraclcr of Sir W. Wynne, his office under the executive government rendered liiin unfit for the charge impofed upon him : anci it was not to be ijnagined, that after the outcry, lately railed againil e^ery mail of li- bcrrdopinior.s, and artfully kcj/t up by tlie miniousof cor- ruption, a knig's advocate, mid a i)rl\ y coiiiifclicr, f'uor.id cuter upon the invcfligatlon of ihis caule, \v\Cn the cucn- tial quality of a jud'.'^c, a mind open to ti-ufl), urbiafll'd by ])arty, and free from prcjr.di-e. ]>/. F.falc was fi'll more imprc>])cr, as lie had not o^jy ta.kcii a dr.icicd j^ar;, but a.t the very time the j)rcfl'i-\ ;; i ^-n i)l iiis fVl'owfhip was (Icpcn'hi^g on an apjica! Ik i\)rc li:(.: \icc-c.!ianct airr. It is nccdlcis to fiiy any thing on iha oii.c- tii i\- ; h,;t from their connexion!, with uie i.a.h;.J, or Uu-ir oiiicf in the uui\cri:t7, t!:crc \\d'^ nut tlichj..li do^ibiol'ilicir nai-'e o [ xlvi ] of judping. Inftead of giving, as they ought to have done, their opinions feparately, they left evei'y thing to Sir W. Wynne, \vho, in a i'peech of conliderable length, writ- ten, we are to believe, if we have faith enough, after the caufe had been heard, gave the tmaninious judgment of hinifelf and bretliren. How five perfons could, within the hours of two and fix, examine a variety of papers, concur i'o eaiily, and draw up their opinion, mult puzzle any one unacquainted with the mode of conducting thefe affairs : but every feaman in the britifli navy w ould rejoice to hear, that the fame rapidity of decifion were to become the practice in thoi'c courts of civil law, which are now per- inicced to batten on the Ipoils of viclory . But it may be alked, what became of Mr. Frend, in conlcquence of the coirhrniation of the fentence ? He apiicarcd at the coiiuucnccment as ufual, and heard a virulent dec!;nnation in b:id latin from Dr. Kipling, who, thou'jh he ^an fpcak Icarce ten words together in eng- lilii, addreliccl in his jai'gona formal prayer to the I'upreme being on the liiiceis of his late labours : wliile, from his attitude, and eyes fiKcd on the lop of the Jenatc houfe, the autlience ronceixed, that be was enjoying the rap- tures of ar;other bcatifick vilion , and graiping at an ideal mitre. :v: the rew urd of iiis itrcrir.ors exertions. The kiplin'iian }iara:;iii;e hvA the fame eifeft on Mr. Frend, loo ' as on the i)i]ier hearers ; he w as called exul et extorris ; but rhei'c cp.Lilicts I'eeiiied ratli^r inaj^p.licable, v\!\en the exile V. as Itanding at tlie profeH'our's elbow. This was, I'iowcver, no Jault in the Ipeaker; the Ipcech had been for a Ic'iig time \v ritlcn down, and the prel'ence of tb.e * S';; \W Wynne li)ais a coiiiklci i'.blc uiWcc in tlic com t of ad- jnii ;i';ly . T At a r.i; .r.c;- i (im'ni';'c^;ii(.n t, iliis anj'.crKik diiclour, for fo he lia. I'L'eii iiaif'.cil, i';(ini a coniparifoii (li'a\\ ii between liim and St. "] hiii.r.i-. A^jirna., am.iiVii [] j \va;;'i of the Ui',i\erruy with his ac- eoa::'. ''i'.i n.,'c'ti,: ,:.! ! v,i;i li'.:n ulia.i inatcr to her favourite fon. exile [ xlvii J exile was neither expeclcd, nor defired : it was hard, that Mr. Frend fliould, in defiance of the Ipeech, walk i.ji and down the lenate houie as ulual, and laugli at hini and liis folly. After a three week's refidence longer in college, Mr. Frend retired to the hofpitable nianfion of his friend Mr. Hammond, nnder whofe tpiet roof, he foon recover- ed from the fatigues of academical warfare. In this retirement, the uniform fupport, which he had received from tlie molt reipee^able members of the uni- verfity, naturally iilled his mind with pleaiiiig reiiec- tions. He can never forget the kindnels of his three friends, Mr.Tyrwhitt, Mr. Lambert ' , ami Mr. Jones -f. They accompanied him into court, fat down at his table, allirted him \v ith their ad\ice, ami enabled him to i^p- pofe with fortituile the attacks of the cabal. Their clia- racl:ers Ibmd nuich too high in the opinion of the univcr- lity, to be ele\ate(l by any commendation in this ))lace ; but it mav be permitted to (ay, that all good men re- joiced, and the bad w ere abalhed, at I'eeuig their ability and integrity opjiofetl to the ipirit of porfccutloi] and mcanncfb. llie ill heahh alone of Mr. M;irili ^;, prc\e:it- eil him from being of tlie number: but the ftcp, taken by him in an early (lage of the bulincls, thougji unar.tlui- rifed by Mr. Frend, pro\ed the llnccrity oi' that frieiui- Ihip, w hich had been long cemented bctw een ihciH. To Mr.Reynokls Ij, thanks are julily due, who, on clicday or' detence, j)ut on his gown again, ami, by (ittingat il^:' i :ble ot lilt accufcd jKirty, gave anotliLT tcltiinouv olil a I /.(.:.] for llic raufe of libei"'v, wh;cli has u:;ir')rmlv ...ni- * Si iiioi lcH()\\ aiul hm'far of !>::;'. y coll. ;?. -f llcul I'.aour ol' 'riiiiiiy riil'u :/. ( FcMou of St. J I'll 11 V, c olK-'n , w'mu- Icii 1" ';', i : ( 'jp.lp' m. m. .a t i:e :".t(. -. to hi 1.1 1 L If. ill II at ion i.f \1;( '!;',', :,i;i 1 lu. '. lo.i. R R. R-y-,,!cl'-;, !-'f;. y/ I'.i -.1 ,.n. ;.. \i i ,^.. ,,.,,., [ xlviii ] mated him through life : and his nephew * is intltled td fimilar acknowledgements, for nmnberlefs kind offices during the whole of the trial. To enumerate all the tef- timonies of regard which this caul'e excited, in favour of an injured man^ would appear oftentatious ; but they will always live in a grateful memory, and both confole him for the troubles which he has undergone, and refcue the univerfity from the opprobrium, to which, from the conduct of the twenty-feven, it mud otherwiie for evel* have been expoled. The publick is now left to form its judgement on the proceedings both of the college and the univerfity : it is incumbent only on tlie accufed party to ftatc briefly the reaions for his mode of defence. Being firmly perfuad- ed, that the attack made on him, was the refult of fadtion and intrigue, he was not to be awed by the fuperiority of numbers, nor the treachery of the aiTailants; but, leaving them to the ufe of thofe arts, which a mind form- ed for literature muit always defpile, he was refolved not to decline the combat, but to enter the lifts at the proper time, armed with confidence in the juftice of his caufe, and a knowledge of the laws of the univerfity* On thefe principles he obeyed the fummons into the vice-chanceller's court ; but by his proteft, and by flop- ping the proceedings of the firfl day, he made it evident, that both the judge, and the acculers, led away by the defire of gratifying revenge, were little qualified for their refpective offices ; and, at the fame time, he con- founded the nuirmurs which had been artfully railed by his enemies, and too eaiily acquiclced in by fome of his friends, that he ouglit to come forvv'ard boldly, and avow hiinfclf the authour of the work. Thefe objefters did not coniider, that he came into court on a fummons which * Mr. Laurence Reynoldsj B. A. of St. John's college. he [ xlix ] he fuppofed illegal ; that the articles of accufation an- fwering to an indictment in the common procecdinos of law, were not known to him till he appeared in the court ; and that it would have been abi'urd to determine the particulars of his conducl, or to have made them known, before he had feen of what he Ih^od acciii'ed. He therefore availedhimfelf of the law of the univeriity, which very properly orders, that the accufation llunihl be delivered on the hrll, and that no witncfs fh.ould be called till the fecond, court day. Of this law the ^ icc- chanceller and the accufcrs had till tl:at time probably never heard; and they did not fee the propriety of it, both from their ignorance of tlie civil law in general, and their inattention to the circumlhincc, that the de- fendant receives a copy of the articles only on the firit day of appearance. There was not a pcrfon in court wlio entertained tr.e ieait doubt that Mr. Frend \\ as the authour of tlie book in quellion ; but as the cabal had no right to interfere wilh his publications, except they had tlie ability to an- 1\\ er tlicm, he determined, that, in e!idea\curirig to prove tills point, they Ihould expofe their lolly to the ut- molt. That they failed in-their endeavours, is no won- der ; and that tlie learned accufer lhoi:ld nialvC i'o ccvn- tcmptible a figure, when he came to tlie obnoxious p::f- lages in the book, did not furprife anv one, w Iio had i\:tn him in the pulpit at St. Mary's, or in liis cliair in the divinity I'chools. The charges aie contcmptibli.' in tiic extreme, and do not attack diolc points, on w hicli -Mr. r'rend mio-Jit have rcalon to cxiKxr the cjniiu'es ot t) 1 ihe churrli : and, in pcruiing liis delep.c', tlie reailer is to carry in mind, that ilie rej)ly is made u> tlie ]irojiol!- tii.r.', in t!ie articles ; aiid tliongh the auihour iliouid maiiitaiii a \;;ric-t-,' of Icntimcnts, w liicii his accufcrs may think obnoxious to ihc iiatutcs, I'ill, if they are nor cx- prciicd in the article^, ihcv camuit be made the groundi g I'ur [ 1 1 for punifhment. Thus, on the charges relating to idola- try, and ecclefiallical ranks, the anfwer in plain language given in court was, that they were falfe ; and on more mature deliberation, the authour repeats his declaration, and calls upon the twenty-i'even to vindicate themfelves ; and if they have the leafl: fpark of honour remaining in them, or regard for their pretended charafter of men of letters, to reply to the papers on this fubje^l delivered into the vice-chanceller's hands. The other two charges on the liturgy, and the molt facred offices of the church, do not come within the (latute, but they are equally en- titled to the epithet bellowed on the two former articles. Mr. Freud's objeftions to the church of England are on very different grounds from thofe Ifated in the articles ; and he quitted it, not on account of its ranks, or courts, not on account of its ollices, not on account of the lefs im- portant defefts of its iici; rgy, but becaufe the church wor- Ihips the trinity, and recites a creed under the name of Athanafius, v/hich appears to him a monfh'ous compound of various llri-mcnts ol metaphyiicians and philoiophers. But it has been objefted, that the defence fhould have been condufted in a more fcrious manner. Had the caul'e related to the lenous concerns of religion, a differ- ent mode of conduct would have been purfued ; but, from tlie nature of the cafe, it was Icarcely pollible to retain throughout a I'erious countenance. Did a painter wifh to defcribe perfecution in the moft ridiculous and at the fame time the moft odious liglit, could he choofe a better attitude and better colours tlian thnl'e of the pro- moter before the fenate ? The englilh are famous for that ipecies of humour called caricature, but the chief inqui- litour with his groupe of familiars, delineated to the life, would exceed the boundaries of the art. The natu- ral inliguiHcance of Jowett, the impotent iralcibility of Mainv.aring, the bluflering of Belward, and tlic felf- iinportance of rvlaniell, it is in vain to look for words to c::prcrs. [ li ] cxprefs. The idea in the fpeaker's mind was to hold ' them up to the ridicule and contempt of the audi- ence : to its ridicule, for adting the parts they had un- dertaken in fo abfurd a manner; to its contempt, for prefuming to difturb the peace of tlie univerfity with their paltry contentions, and, for the fake of ingratiating themfelves with the higher powers, to aim at the ruin of an individual. But, in giving this falutary difcipline to fuch charadlers, he had an eye to a very important part of the community, and he wilhed to imprel's deeply on their minds the folly and wickedncfs of every at- tempt, to deprive men of the liberty of canvailing opini- ons with freedom, and to take away the rights of a ftudi- ous man, becaufe he commmiicated his ientiments with the publick. Imperfect as the execution was, the audi- ence went away in general with a lively fenfe of his leading ideas: on the judges he did not expecl to make an imprelfion; for their plan was already formed, and not an angel from hca\en, no, not anv pcrlbn but a prime niiniiter could have produced a change in their relblutions. The proceedings of the two courts are given from ofli- cial papers received from the regiflrary and bedell, and notes taken down by Mr. Lambert. Mr. Trend's fpeech was written down by himfelf a few days after the deli- very of it, and, though his nicinory is not very tcra- cious, he lias been enabled by the notes of Mr. Lambert to give not only the order and leading ideas, but in ge- nci";il the very cxprelllons i.fccl. The reader will natu- rally mike allowances for a coinpoiition confined to tlie rnl'jb oi fpcakinc;, not of wriiing, two very diflercnr tilings, and recolltv'i that ih.e latter is to the former \\ hii; an c!-<^ra\ing is to a picrpre. The in\erted co]n;i;..s niari. the ;;art.i omirtcdbv the rciiilb-arv, and th.e olHc';il ^i; papersare printctl exactly a .tiuv were delivered, e.-ctp'.- :ii^- I'i^r tl)c iiuijic- iil'tlie iieails prcfciit :)vc orniircd a'. L-.r [ lii ] the firft day , becaufe no other alteration took place in them than that Dr. PolUethwaite was ablent on the nth, 13th and 17th of May, aud Dr. Peckard made his appearance only on the 28th of May. To the defence of Mr. Frend, JDr. Kipling's reply, and the vice-chanceller's fpeech at the conclufion of the bufmefs in his court, the inverted commas are omitted. They are alfo omitted in the account of the proceedings before the delegates, the only official papers in that court, being the afta curiae the proterts of Mr. Tyrv.hitt and Mr. Frend and the citation: the reft was fupplicd by the attention and friendiliip of Mr. Lambert. That at the clofe of the eighteenth century there li'.ould be found members of the church of England and of the univerlity of Cambridge, capable of carrying on a profccution on quelHons of controverl'y, is matter of ex- treme regret to the publiilier of this \\ ork, as it mud be to e\ery liberal mind; and, if it were not with the view of deterring every future eftbrt of bigotry and in- trigue, he could wiih^ lor the credit of his country and his univerlity, th:U tlie proceedings, which this publica- tion contains, were buried in oblivion. A prorcl\ant eihibliihment Uiould difdain the nfe of coerci'.e mea- furcs, an*.i if attacked fliould defend itfelfby the force of reafoPi, not the arm of conipulilon.. But, as long os reli- gion is made a Ihdking horl'e to ])laces of preferment, liCiihcr learning I'lor philoibphy willprc\"ent many of its ad\ocaLc's or prcLcndcd ad\'ocates fiDm vmlting in the \ uigar crv agp.inlf any one, wlio alluincs tb.e right of thinkin"- for himfelf and rcieclinp- the dogmas of the o -' try ^j ]Tc\ ailing party. Though the t\vcntv-ie\en are in ge- n.) al \ cry deficient in literary merit, and have Hill lels tL'iui to il'icological dilbiKlioii, pliilofophy feels hcrlclf (!'> rad((l in Iccirg tiie namcofa W'olhilton aHbciatcd v, ith n!."i or inch infi/riour characiers ;nu] grt)\'cling rniiids; ..a1 i':e diiliin'miiiiLd excrtioriS of the lather in the caidl' I l-ui ] of religious liberty render more ftriking the fon's apof- tacy. From one, ^vho^e early years were employed in. the laborious occupation of mechanick lite, the manners of a gentleman and the tafle of a fcholar are not to be expefled, and the difadvantages under which he labour- ed, fnrriciently account and apologize for thel'e defedls in the charafter of a Milncr, while they enhance the admiration of powers, \\'hich, without meliorating the heart, have dillinguiflied his purl'uits in abftracl fcience. It is not to be wondered at, that he ihould join in an at- tack on the freedom of the prcfs, which ho\vc\'er arofe from and was piirfued by men with very fmall preten- fions indeed to literature or philoiophy : and the little encouragement tlicv received, will, it is to be hoped, prc\'ent any iimilar attempts in future. For, however branded the french may now be for atheifm, the com- mon opprobrium of the early chriltians, the new article in their code, prohibiting a diftinftion to be made in civil rights on account of religious quertions, mult from the nature of things be in no dillant period adopted not onlv in this but in every comitry of the world. Then will a future generation fcarce credit the report, tliat a cele- brated vuiiverlity was employed, like a fpaniih inquifi- tion, eight days in inveiiigating the qviellion, whether one of its members, for publiihing fome remarks on eccleliaftical affairs, ihould be i'ubjecleul to the fcntencir of banifiuueni. lMU)Ci:]:])I?>^CK> PROCEEDINGS IN THE VICE-CHANCELLER's COURT ACTA CVRIJE, At a court holden before the right worfhipful Isaac Milner, D. D. vice-chancellor of the univcrlity of Cambrij)ge, and Lowthkr Yates, John Smith, Willi AM Craven, Franc is Barnes, John Barker, Joseph Turner, Thomas Fostle- thwaite, Richard Farmer, D. D. and John Fisher, LL.D his allellors, between the hours oi ten and one, on Friday the third day of May, in the law-fclioois of tlie faid univerfity, me preient, Geo. Borlase, Notv. Pub', and Rcoiit--. The office of judn;c^ /'"XX \\\vx\\ dav a iimimons, herc- .rvi-. K-ipl^pr, D.n. I "l a tolorc inncd :io^anilt \V ilhaiii Y^f^^'^-^fAYx^n^, A.M. and Ivlknv of Jellis fa-.^oI!o:c. J colle<;e, was returnt=il by John bc- verL..y, tfqui/c bcdcl, who made o-'.th tliat the fame )iad b.uu perlonally fervcd on the laivl Wiliiam Frcnd. B Mi:- I 2 ] Mr. Frend appeared : and the court was adjourned to the fenate-houfe. Dr. Colman appeared at the adjourned court ; when and where Mr. Trend ex- cepted to the court, in a certain paper, purporting to be a renunciation of the jurifdiftion of the faid court; which paper he read and figned in the pre- fence of the regiftrary, who attefted the fame, and dehvered it to Mr. vice-chancellor. Mr. vice-chan- cellor, after deliberating with the alleffors, pronounced for the jurifdiclion of the court, and ordered Dr. Kipling to bring forward his charge. Mr. Frend de- fired that the renunciation might be entered on the records of the court, and that the grace, ' Cum ftatutis academiae,' Oft. 24, 1609, might be read; part of which was read by Mr. Frend, Mr. vice-chanceller objeft- ing to the reading the whole at that time, and faying it might be read in the courfe of his defence. Dr. Kipling defired that the charges may be exhibited in writing, which was allowed ; and the faid charges or articles were read, and a copy of the fame was ordered by Mr. vice-chanceller to be delivered to Mr. Frend, and was fo delivered. The firft article the defendant denied, fo far as concerns the caufe in queftion; which denial was over-ruled by the court. Mr. Frend alked Mr. vice-chancellor, whether it was over-ruled with the concurrence of the heads. Mr. vice-chancellor declared that it was over-ruled, and is now over-ruled, with the concurrence of the heads. The fecond article was then read, and Dr. Kipling ^jropofed to call witned'es. Mr. Frend objcfted to the calling any witneffcs until the fccundus dies juridicus, and read a part of the grace, ' Cum ftatutis,' &c. be- ginning at the words, ' fecundo die juridico,' to the words, ' per reum datis,' and required time to anfwcr, according to the ftatutes> Mr. vice-chancellor de-. clarcd C 3 J dared that the demand made by Mr. Trend, as founded on the grace aforelUid, was hot good; neverthelefs he judged it reafonable to allow him proper time to pre- pare himfelf, and accordingly adjourned the court to be holden at the fenate-houfe, on Friday the tenth inftant, at ten o'clock in the morning, and warned Dr. KipHng and Mr. Trend then and there to appear. CITATION, To John Beverley, William Mathew, and Henry Gunning, efquire bedels of the univerfity of Cam* BRIDGE, or their lawful deputy or deputies. Summon William Trend, mafter of arts, and fellow of Jefus college in the univerfity of Cambridge, to appear before me, or my lawful deputy, and my af- felTors, at my next court, to be held in the law-fchools in Cambridge, on Friday the third day of May next, between the hours of ten and eleven in the forenoon of the fame day, in a certain caufe of office promoted by the reverend Thomas Kipling, dotftor in divinity, and member of the faid univerfity, the faid caufe of office or matter of complaint ariling within the jurif- diclion of the faid univerfity ; then and there to anfwer to an accufation laid before me, in which the faid Wil- liam Frend is charged with having violated the laws and ftatutes of this univerfity, (particularly the llatute de concionibus) by piiblilhing and cauling to be dii- pcrft'd, within the faid univerfity, a certain pamphlet, intitled ^ Pkacf. and Union recommended to the As- sociated Bodies of Republicans and Anti-Repub- licans,' of which doctor Kipling, the above-mentioned promoter of this caufe, affirms him to be the author, B z and - [ 4 ] and in which, according to the accufation of the faid doftor KipUng, religion, as eTiablifhed by pubhc author rity within this realm, and alfo all ecclefiaiVical ranks and dignities are impugned ; and lo from court day to court dfiy \mtil the faid caufe be ended, and further to do and receive as to law and juftice ihall appertain. Hereof fail not at your peril. Given under my hand and feal, at Qiieen's College, Cambridge, this twenty- third day of April, in the year of our lord one thoufand feven hundred and ninety-three. JOHN Beverley. CCopy-l (Signed) I.Milner, (L. S.) Vice-Chanc^ *' On the vice-chanceller's calling upon Dr. Kipling to open the caufe as promoter, Mr. Frend addrefled the court in the following words, of which he afterwards delivered a copy,, legally executed, into court." *' Mr. ViCE-CnANCELLER, " I defire leave, before my accufer enters on his office, to offer a few things in the way of objection to the mode of trial adopted by him, and authorized by you ; they will, I hope, be found not unworthy of your atten- tion. " I acknowledge the receipt of a citation from you to attend in this place at this hour, and my prefence here is entirely owing to that circumftance ; but I wilh it to be confidered as proceeding more from civility and re- i'pecl, tlian duty or obligation: the reafbn of which dilVniction will be obvious from what I am going to iilledge, " M\-- L 5 ] _ " My accufer charges me with the pubhcation of a pamphlet, intitled, ' Peace and Union recommended to the aflbciated bodies of repubhcans and anti-repubU- cans:' and, by fuch pubhcation, with impiigning reli- gion as eflabhlhcd by pubhck autliority within this realm, and alfo all eccleliartical i-anks and dignities : and by fuch impugning, with having violated the laws and fta- tutes of this univerfity, particularly the flatute de con- cionibus, *' Now the violation of the flr^tute de conclonibus being made the principal charge agairilt ine, I apprehend that I ought not to have been cited to appear in the vice- chanccller's court, but before the vice-cha:Keller and a majority of tlie lieads of colleges, all olFciices againll that ftatute being made cognisable by him and them jointly: and that there is no inflance of any perfon being cited to appear here for fuch an offence. The difference between the vice-chanceller's court and a meeting of the vice-chanceljer and a majority of the heads of houfes, I luppofe to coniift in the following particulars: " I. The vice-chanceller's court fubfifts by antient cuftom, and charters confirmed by an act of parliament, and ought to be held at ftated times for the purpofe of receiving complaints, and hearing and determining caufes. Whereas the other meeting derives its ex- iffence and authority wliolly from queen Elizabeth's llatutes, and, from the nature of it, can only be occa- iionally alfembled, in the fame manner that the fame or other jierfons meet occafionallv in tiic Icnate or other place, for the execution of other parts oi' the fame Itatutes. * II. The vice-chanceller';; court is a court of record, from which no appeal can go to any oi the courts in Wei^ [ ] " Weflminfter-hall, but only to the fenate of the tmiver- fity. Whereas I apprehend that no appeal can go to the fenate from a determination of the vice-chanceller, and heads adling under the ftatute de concionibus ; though fuch determination, like that of a mayor and aU dermen in any civil corporation, may be liable to a re-^ View in the court of king's-bench. *' III. The vice-clianceller, fitting in his court, pof^. fefles the power of puniftiing all offences cognizable in it, without the concurrence of a majority of the heads of houfes, fuch concurrence being in no cafe necelFary to enable him to puniHi, but only to punifh in a particular manner. Whereas in the exercife of the power given in the ftatute de concionibus, fuch concurrence is in tvery ftep made abfoiutely neceflary. " IV. The immediate object of a citation into this court is punifnment : whereas the immediate object of a cita- tion before the vice-chanceller, and a majority of the heads, under the Aatute de concionibus, is not punilhr ment, but the revocation of errour. *' V. There is no pretence from the flatute, nor from any practice under it, for the appointment or allowance of a promoter, fuch olilce being peculiar to ecclefiallical courts. '' VI. The vicc-chanccllcr has undoubtedly, in his court, the power of compelling e\'idcnce, and that upon oath ; neither of which can, I fuppofe, be done by him and a majority of the heads, afTembled for the purpole of enforcing the ftatute de concionibus. *' For thefe reafons, at lead till (Ironoer ones to the contrary fii^ill be alledgcd, I think myfcif obliged to re- nounce C 7 1 bunce the jurifdiftion of this court, and do hereby re- nounce I'uch juriidiclion, i'o long as the violation of the ftatute de concionibus is made the principal or any part of the charge again it me. And though I Ihould, in the firft inftance,have willingly fubmitsted to anfwer for any i'uppofed breach of that llatute, before the vice-chan- ceiler, and a majority of tlie heads of houfes, or before the vice-chanceller in this court, for the breach of any other law of the univerlity, properly cognizable in it^ I now defire time to be adviied whether, having been wrongfully cited to appear in this court on a fuppofed offence againlt that itatute, with the acquiefcence at leaft, if not the approbation, of the lieads of colleges, ^ am any longer liable to a trial for the fame offence, ei- ther before the vice-chancellcr and heads, under the flatute fo often mentioned, or by the vice-chanceller alone, under any other law and llatute of the uni- verlity. " The vice-chanceller, after a confultatlon with the commifi'ary, retired to the gallery with the comraifFary and heads of colleges: in about half an hour they re- turned, and the vice-chanceller pronounced for the jurifdiction of the court. Mr. Freud then defired that the grace pafl'ed in 1609, on tlie order to be obferved in the univeriity courts, might be read ; to which the vice- chanceller objected, faying, it might be read when Mr. Frend came to his defence. Mr. Frend ur2:ed the ne- celhty of reading it now, as it directed the whole pro- ceedings of the court : but the vice-chanceller deilred the promoter to proceed. " Then the prom.oter rofe, and Mr. Frend, rifmg at the fame time, addrefl'ed the vice-chanceller, and de- lired that the accufcr might not be permitted to fpeak till he had put on his proper acauemical habit. At tlii& a C 8 ] a violent burft of laughter and clapping from the audi- ence enlued. The vice-chanceller Teemed vehemently moved, and looked up to the gallery, as ingoing to re- primand the young men ; but the burft was over, and the nolle had ceaied before the vice-chanceller could I'peak to order. *' The promoter faid, that the vice-chanceller, he fup- poied, would bt: required next to put on his robes too. The vice-chanceller treated Mr. Frend's requifition as frivolous; and Dr. Kipling began by praying, that the charges might be accepted in writing, and a copy of them, with a copy of the pamphlet annei.ed, given to the defendant. This was allowed, and the charges were read by the promoter." University of Cambridge, IN'LiV the 3d, 1793. In the name of God, Amen. We Ifaac Milner, doctor in divinity, vice-chancellor of the univerlity of Cam- bridge, and judge of the court of the chancellor, maftcrs and fcholars of tiie faid univerlity, lawfully conihtuted and appointed, to you William Fre;id, mailer of arts, and one of the fellows of Jcfus college in this uJiixerfity, do give and miiuiter all and lin-niiar the articles, heads, or iiiterrogatoi'ies under - written, for certain crimes and ollences laid by vou to ha\c been connaiLted, but more ei'pecialiy for having v. ritten, pnblifhcd, and canlcd to be difpcricd within the faid uui\erlity, a book or pamphlet, intitlcd ' Peace and Union vecomniended to the aiToclated bodies ol' il:pubiic::ns and Anti-Repv.b- llcans: by Yviliiam Frend, M.A. fci.'ow of Jeliis col- lege, Cambridge. Printed for tlie Autlior, by P. C. Croft, St. Ives;, 1793, (l''"i^e One Sh'jji'.ip-.)' In winch faid book or pamphlet religion, as cUabliihcd by public authority withii>ottii^ realm, and alfo all ecclefudtical ranks C 9 ] ranks and dignities, are impugned : at the promotion of the reverend Thomas Kipling, dodor in divinity, and a member of this univerfity : and we do objed and article as follows, (that is to fay) In the firft place, We article and objeft to you the aforefaid William Trend, that the univerfity of Cam- bridge was founded and endowed, and by ad of parlia- ment, made in the thirteenth year of the reign of queen Elizabeth, was incorporated by the name of the chan- cellor, mafters, and fcholars of the univerfity of Cam- bridge, for the maintenance of godly literature, and the virtuous education of youth within the faid uni- verfity ; and moreover, that the letters patent granted to the chancellor, mafters, and fcholars of the uni- verfity of Cambridge, in the third year of the reign of our then fovereign lady queen Elizabeth, and all other letters patent, granted to the faid univerfity by any of the progenitors or predeceflbrs of our faid queen, were by the faid act of parliament declared to be thence- forth good, efteclual, and available in law, to all con- Itruclions and purpofes : and we objeft and article the premifes, jointly and feverally, and every part thereof, 2d. Alfo, We article and objed to you the aforefaid William Frend, That in this prefent year of our lord one thoufand feven hundred and ninety-three, you did publifli, and caufe to be difperfcd within this univerfity, a fcandalous book or pamphlet, of which you are the author, intitled, Peace and Union recommended to the afibciated bodies of Republicans and Anti-Republicans: by William P'rend, M. A. fellow of Jefus college, Cam- bridge. Printed for the Author, by P. C. Croft, St. Ives, 1793; which faid book or pamphlet is anne:;ed to thefc prefents, and prayed to be admitted as if inferted herein : and we uriicle and objed as above. C 3d. Alfo, t lo J 3cl. Alio, We article and objed to you the aforefald William Trend, That in the twenty-ninth page of the aforefaid book or pamphlet you have defamed the pub' lie liturgy of the eflablilhed church, by affirming that * it is very far from the ftandard of purity in doctrine, which is required in fuch compofitions :' and we article and object as above. 4th. Alfo, We article and objedl to you the aforefaid William Frend, That in a paragraph, contained in pages thirty-fix, thirty-feven, and thirty-eight of the afore- faid book or pamphlet, beginning at the words, * The fame paiTions,' and ending with the words, * epifcopal convocations, you affirm that the publick worfliip of the great body of chriftians is idolatrous ; including in this charge the members of the church of England, as evi- dently appears from the context : and we article and bjed as above. 5th. Alfo, We article and objevft to you the aforefaid William Frend, That in the thirty-ninth page of the aforefaid book or pamphlet, you have aflerted, that ' ec- clefiaftical courts, ecclefialVical ranks and titles are all repugnant to the fpirit of chriftianity :' and we article and objeft as above. 6th. Alfo, We article and objeft to you the aforefaid William Frend, That you have profanely reviled and ridiculed the moll facred offices of religion, as enjoined by the church of England, ai'.d performed by its mi- nilters, in the following paflage contained in the thirty-ninth and fortieth pages of the aforefaid book or pamplilet, (that is to fay) ' The laity, hke brute hearts, fit tamely under this ufurpation : a man, if a pried or fiiiniftcr enters, is not mader of his own houfe ; he niuft Hot tliank God for the blellings of providence at his own table; [ " 1 table ; he cannot pledge his faith to a lovely womaa without the interference of the prieft ; his offspring mull be fprinkled by facred hands, and at death he i& not committed to his long home without another in- cantation. ' Thefe fuperftitious prejudices are, without doubt, highly benefitial to the intcreit of the clerical commu- nity ; but the morals of neither party are confulted. The laity are apt to imagine that there are fome practices in which they may be indulged without any imputation on their chriiban character ; and the gentleman in black is fuppoied to put on a particular fct of features and behaviour with his clothes;' and we article as above. 7th. Alfo, We article and objel to you the aforefaid William Frend, That at the time of publiiliing the afore- faid book or pamphlet, you was a maimer of arts and member of this univerfity, and that you now are a maftcr of arts, and a fellow of Jefus college in thi? univerfity, and therefore notorioufly fubjed to the ju- rlfdiclion of this court: and we article and objeft as above. 8th. Alfo, We article and objecl to you the aforefaid William Frend, That by the laws and flatutes of this luiiverfity, particularly by the forty-fifth flatute, in- titled, * De Concionibus :' and by a decree palfcd in the fenate of this univerfity, on the ninth day of June, one thoufand fix hundred and tliree, it is ordained and provided. That all and every perfon or perfons im- pugning religion, as by law eftablifhed within this realm, or impugning eccleliaftical ranks and dignities, may and ought to be proceeded aoainit, and pun.illicd by fuf- penfion from academical degrees, by cxpullion or by biiuifliineut : and we article and object ub above. C -J, <)i\\. Alfo, t 12 1 jth. Alfo, We article and objefl to you the faid William Frend, That of and concerning the premifes, complaint hath been and is rightly and duly made by this party, promovent to this court and the judge thereof. Wherefore the party promovent in this caufe prayeth right and juftice to be done and adminiftered to him effedually ; and that the faid William Frend, in regard of his great rafhnefs and prefumption in the pre- mifes, may be duly correfted and punilhed as the law requires. <^ The articles having been read, Mr. Frend objedled to article ifl, as far as it concerned the caufe in quef- tion. The vice-chanceller declared that objeflion al- ready over -ruled by the court. " Q. from Mr. Frend. By your own authority, or conjointly with the heads? " V. C. By my own, and the heads as my advifers, << Q. Did they concur with you ? *' V. C. They did. Q, Do they now ? The vice-chanceller turned to die bench, and now aftcing the heads, declared, They concurred before, and do now. " Thefecond charge was read by the promoter; and Harvey Alger being called as e\ldcnce, Mr. Frend objefted to the calling of any witnefles in the part of the promoter on this day, and read a part of the grace of 1609, which direfts that the witnefles fliould be called only fecundo die juridico. The [ 13 ] " The vice-chanceller faid, it was not necefTary to comply literally with that grace. Being afked by Mr. Frend, on what account, the vice-chanceller faid. That the difficulty of obferving it would be very great; that it never had been accurately obferved; that it would clafla with fome of the flatutes, and particularly it would limit the power of fummary proceedings. Mr. Frend ftill urging the propriety of its being ftriftly attended to, was alked by the vice-chanceller. Do you then inftft on the promoter's witnefles not being called till the fecond day .'' " F. I do. *' V.C. Do you wifh for time to prepare your defence? *' F. I wiih for all the time allowed me by the flatute. The commifTary then interpofed, and faid, Thefe wit^- nefTes might be admitted now by the firft part of the ftatute. On being afked by Mr. Frend, What part? he faid, That this delay was difpenfed with, if the caufe was levior et ordinaria. Mr. Frend afl-ied. Can that caufe be called one of the leviores, which may drive the accufed from the univerfity, and deprive him of his degrees? The commilTary an- fwcred, That the diftinftion between leviores and gra^ viores caufas did not ariie from the magnitude of the confequences, but from the eafe or difficulty of proof. *' F. If you allow it to be a caufa levior, your pro- ceedings, to be fure, may be fummary. The promoter obferved, the appointment of a fecond day feemed in- tended us an indulgence to the aftor, to prepare, &c, but this indulgence he did not dcfire, and was ready to proceed now. Mr. Freud replied, I do not know that the aclor is meant to be particularly indulged iu this grace. I conceive it to be for the benefit of all parties J and as fuch I do delire that the time may be al- lowed, I "4 ] lowed, and that the adlor may be required to proceed ac* cording to law. *' V. C. You defire time, then, for your defence ? " F. I deiire the time allowed by l^w, ** The vice-chancellor then retired with thecommiflary and heads, to the lobby; and after remaining rather longer there than on the firft journey, returned, and defired the regiftrary to read his notes, which wero then altered, in various inftances, by the commif- fary. A long converfation now took place between the vice-chanceller and commiflary; after which the vice-chanceller, addrefhng Mr. Frend, faid, that though he did not think his demand for time, as founded on the ftatute good; yet, as he judged it reafonable to give him time to make his anfwer, it was allowed: and, the court adjourned till Friday, May loth, ten in the morning, in the fame place. *' Mr. Frend defired the court wbuld underftand, that he did not, in this demand, mean to make his defence that day ; it was appropriated to the examination of the promoter's witnefles, and to that bufmcls only he fliould exped the court to attend." ACrJ CVRIJE. At a court holden, he. between the liours of ten ari3 four, on Friday the tenth day of JVIay, &C. O; 'N the opening of the court, the judge allied Mr. Frend, if he was now ready to anfw cr to the charged laid againfi him. Mr. fVend declared, that he did not come C 15 ] come with tbe idea of anfwering to the charges this day, but that he was ready to aft according to the law* of the univerfity, and referred again to the grace^ (page 369.) On which the vice-chancellor faid, that as Mr. Frend, on the laft court-day, urged the necelfity of adhering itridly to the grace, 369 p. and, according to his own explanation of what is there ftated, he thought it expe- dient now to explain his ideas concerning the meaning and authority of it. The vice-chancellor tlien gave his reafons at large in fupport of the prefent proceedings, and explained, according to the beft of his judgment, in what fenfe this grace is to be confidered as obligatory, and in what fenfe its authority could not be admitted. He faid, this court had unqueftionably authority to pro- ceed more or lefs fummarily, and in the prefent inftance he did not yet perceive the ihadow of a reafon for de- parting from the ufual praftice. He added, that he was ready to liften with the utmoft attention and pa- tience, as long as any thing could be advanced on either lide. His objeft was to do fubftantial juftice, and he exhorted both the accufer and the accufed to ufe no unnecelfury delay. Qiieftlon from Mr. Trend. Whether the judge meant to proceed according to the llatute ' De Conci- onibus' liniplv, or v.hethcr that ftatute made a part of of the law under which the judge was now pro- ceeding ? Anl'wcr. The judge certainly confidered himlclf as rot acting under that itatute I'cparatcly ; but as part of the law luidcr which he would proceed. OjLieffion U'o!n Mr. Frend. Whctiicr the judge faid this from liisown auihorily, or with the allcntaud con- fc'Ut of the hcitda.'' Anfwcr, [ I ] Anfwer. He did not think it neceflary to anfwer that queftion repeatedly. Mr. Frend then protefled againft the court now pro- ceeding, as, he faid, there was not now prelent with the vice-chancellor a majority of the heads; and therefore he could not proceed to take examination on oath, as long as the Itatute ' De Concionibus' is made a part of the ftatutes on which the accufation is founded.* Dr. Kipling then read the fecond article ; and the vice-chancellor afked Mr. Frend, whether he admitted or denied the fame. Anfwer. That he had before de- denied them all generally, alFerting them to be falfe, wicked, and malicious. WitnefTes were then called on the part of the pro- moter, viz. Harvey Alger, Philip Life, Rev. Thomas Lloyd, A. M. John B'owtell, and Rev. Charles Dickins, LLD. and the fame were fworn and examined, and were alfo crofs-examined by Mr. Frend: and the court was adjourned to to-morrow the nth inftant, at twelve o'clock. FIRST WITNrSS EXAMINED, lOTH MAY, I793. Harvey Alger was called by the promoter, and fworn ; and a book being put into his hand, depofed as follows : Queftion. Did he ever fee that book before? Anfwer. Yes. O. Whether he purchafed it of any one ? A. Yc6. * Dr. Po.lkthwalte, ir.atler of Trinity college, was abfent on Ibis dar. O. Of [ '7 3 ^. Of whom ? A. Of Mr. Lunn, the bookfeller. The commiflary alked, " Is that the book that was de* Hvered to Alger ? A. "Yes. Q. " Has it been in his pofTeffion ? " Mr. Frend obferved, that it ought never to have been out of court, and conceives that the commiflary muftjoin with him. Nothing was faid in reply.'* Q. About what time ? A. On Friday 19th April, 1793. O. Who delivered that book into his hands ? A. Mr. Lunn's journeyman. O. How does he know that to be the very book he re ceived from Mr. Lunn's foreman ? A. By having marked it on the cover^ and by an L for Lunn. (3. Did he make thefe marks before he delivered the book out of his hands ? A. Yes. (). Can he fay, on his oath, that that is the very pamphlet he delivered into Dr. Kipling's hands the lart court-day ? A. Yes. C). How does he know it to be the very fame ? A. By the letter L, which he knows to be his hand- writing ; " and there are other marks." (X Whether he looked at the letter L particularly, when he delivered the book into Dr. Kipling's hands the lait court-day ? A. Yes. T) Q.. Did [ i8 ] Q. Did he look at it again, particularly when Dr. Kipling returned it to him. A. Yes. Q. Had it been in poffellion of any other perfon be- ficles himfelf, Ijnce the former court-day ? A. No. Qj by the commiflary. *^ At what time was it deli- vered to you ? A. " At the clofe of the bufinefs in court." O. from the court. Where does Mr. Lunn live ? A. In Trompington-fti'eet. O. to Dr. Kipling. " Have you any more queftions to aili ? A. " Not any very material or neceflary now.'* Q. Can he read ? A. Yes. Witnefs was ordered to read the title of the faid pamphlet, and read as follows : " Peace and Union recommended to the aflbciated bodies of repub- licans and anti-republicans : by William Frend, fellow of Jefus college, Cambridge. Printed for the author, by P. C. Croft, St. Ives, 1793. Price one lliilling." r O. "from Dr. Kipling." Did he deliver the fame book into Dr. Kipling's hands this morning, as he came into court ? A. Yes. Mr. Frend crofs-examincd the faid witnefs. Qj Whether the witnefs is not Dr. Kipling's fervant ? A. Yes. Q. For [ '9 3 O. For whom did he purchafe this book ? A. For Dr. Kiphng. Q. With what intention ? A. By Dr. Kiphng's defire. *' When Dr. Kiphng ordered me to buy it, he did not lay what was his intention." Q. When he made the two marks ? A. He made them " in the kitchen" before he took the book to Dr. Kiphng. (^. Why he was induced to make thole marks and letter before he gave tlie book to Dr. Kiphng ? A. By Dr. Kipling's order. O. H6w long did it remain in Dr. Kipling's pofleflion after the firft delivery? A. About two days. Q. Who delivered it into the witnefs's pofleffion at the end of the two days ? A. Dr. Kipling. Q. For what purpofc did Dr. Kipling deliver it to the witnefs ? A. Dr. Kipling defircd him to lock it up. Qj Did Dr. Kipling alTign any reafon for its being locked up ^ A. No. Qj Did the witnefs keep it locked up ? A. Yes. O; With what intention did he keep it locked up ? A. With no other intention than by Dr. Kipling's )rtlcr. D z O. By C 20 ] Qj By whofe order did he take the book from the place when it was locked up ? A. By Dr. Kipling's order. (2: Did he bring the book to court the laft court-day by Dr. Kipling's order ? A. Yes. Q. Was this book produced in court ? A. He gave it to Dr. Kipling in the fenate-houfe yard before he came into court, but cannot lay what became of it after. Q. Why it could not have been out of his pofleflion between the laft court-day and this ? "" A. Becaufe he locked it up as f'oon as he went home, and has always had the key in his pofleflion. Philip Life, foreman to Mr. Lunn, was fworn, and depofed as follows: Queftion. Does he know that fervant of Dr. Kipling's, who was juft now examined ? Anfwer. He knows him by fight. Q. Does he recoiled ever delivering to that fervant a pamphlet, intitled, " Peace and Union," &c. by Wil- liam Frend. A. He does. O. Does he recoiled about what time he delivered it to him ? A. He does not. O. Can he fay whence that pamphlet came which he delivered to Dr. Kiphng's fen^ant ? A. He cannot. O. Had C 21 ] O. " Had Mr. Lunn any of thofe pamphlets in liis fliop on the 19th of April laft, except the twenty copies which the witnefs himfelf had received from Mr. Frend? " This queflion was over-ruled by the vice-chanceller and Mr. Frend, as putting words into the mouth of the witnefs. Mr. Frend faid, he prompted the laft witneis, and is now prompting this." O. Did he ever receive any copies of the pamphlet, intitled, Peace and Union, Sec. by William Frend, A. M. from Mr. Frend himfelf.'' A. He did. O. How many copies ? A. Twenty copies. <^. On what day ? A. Third of April laft. O. Had Mr. Lunn any copies of this book zc that time unfold ? A. Not that he knows of. Q^. Did Mr. Lunn, to the witnefs's knowledge, procure any copies of this pamphlet from any other quarter, be- tween the third and nineteenth of laft April ? A. Not that he knows of: at leaft he did not go for any. Q' At what place did he receive thofe twenty copies of the pamphlet from Mr. Frend ? A. At Mr. Frond's rooms in Jefus College. Q_. Why did he go thither for any copies of the pamphlet ? A. He applied to Mr. Bowtell for foine copies; but Mr. Bowtcl had none ; but Mr. Bow tell told him, that Mr. Frend had them all. {h Was [ 22 ] Q. Was he directed by Mr. Lunn to go to Mr. Bow- tell for fome copies ? " A. He was. O. What did he fay to Mr. Frend, when witnefs went firlt to Mr. Frend 's chambers ? " Mr. Frend alked the court, whether fuch queftions were proper. Dr. Kipling infifted upon the quef- tion being alked, and it was therefore alked." A. He cannot fay exadly what the words were. The purport of them was, that he prefented Mr. Lunn's com- pliments to Mr. Frend, and, having fold all the copies of his pamphlet which he had, would tliank him for fifty more copies. O. Does he recoiled whether he alked Mr. Frend for copies of his pamphlet ^ A. He does. Qj Did Mr. Frend make any anfwer, and what to him, on that occafion ? A. As near as he can recollecl, Mr. Frend faid, that he did not think he had fifty copies ; but that Mr. Lunn (hould have all he had. Q. "Did Mr. Frend, immediately after this, deliver you any copies? The commill'ary thought this a leading qucllion ; and therefore the promoter alked," Qj What did Mr. Frend do immediately after this .* A. When he went to Mr. Frend's rooms, he was not in them. Some little time afterwards he faw him Hand- ing in the court ; when he went up to him, and deli- vered the mell'age, which he has repeated as near as he could rccolleft. He then went to Mr. Frend, into his rooms, v.'hcu he delivered to tlic witnefs twenty copies of the pamphlet, intitled/' Peace and Union." Q. What t 23 ] Q. What did witnefsdo with the twenty copies of the pamphlet ? A. He brought them home to Mr. Lunn's fliop. Q. " I think you faid, you told Mr. Frend." Witnefs mentioned to Mr. Frend, that Mr. Lumi had fent him for more copies of the pamphlet, becaufe Mr. Lunn had then none remaining in his fiiop, was this a part of Mr. Lunn's mefllige, or not ? A. As near as he can recollecV, it was. Promoter. " I will explain the purport of my queftion In a few moments. I wifli to know whether Mr. Lunn had any unfold on April the 3d. When firfl afked the queftion, he fcemcd uncertain; he now fpeaks pofitively that he had not." Mr. Frond -alked, '' Why he remembered the day when he came to his rooms? A. " Becaufe I gave Mr. Frend credit in Mr. Lunn's ledger on that day. Qj " By whofe inflruftions did you take the memo- randums now in your hand ? A. " They are only dates. Mr. Lunn thought it proper for me to take them down." Rev. Thomas Lloyd, A.M. was called. "Before Mr. Lloyd was fworn, Mr. Frend aflced the court, whether a party in the accufation could be ad- mitted as an evidence in the caufe, ar.d proceeded, I underftand that Mr. Lloyd, now {landing in this court, was one of the twenty-feven, or of the number which alTemblcd at the vice-chanceller's houfc, and there en- tered into certain rrfolutions rtfpetTting this caufe. By which refolutions Dr. Kipling, i)r. jowitt, Mr. Man- fell, I =4 ] fell, Mr. Belward, and Mr. Mainwarirlg, were ap- pointed managers, as I underftand, to carry on in their names this profecution : a copy of which refolutions I requeued Dr. Kipling to fend me ; but he returned me anfwer, in writing, that he had them not. I fent a fe- cbnd note to Dr. Kipling, to defire to know by what means I might procure a copy of thefe refolutions. He returned me anfwer, in writing, that they ^were in pof- feilion of the vice-chanceller. I wrote^ between thfe hours of twelve and one on that day, to the vice- chanceller, and receiving no anfwer, I wrote again, between five and fix, requefting, that as my interefts were very much involved in thefe refolutions, I might be favoured with a copy of them. Between feven and eight the vice-chanceller fent me word, in writing, that he did not think himfelf authorized to comply with my requeft. I now again make that reqiieft ; confi- dering the produftion of that paper as neccffary to the conducting of my defence in the profecution of tliis caufe, and being fully convinced, whether thofe refo- lutions are to any purpofe or not in themfelves, that a very bad ufe has been made of them by the twenty- feven, to prejudice me in the eyes of the publick, and of the univeriity. *' The vice-chanceller turned to the commifTary, and after fome little converfation, addrcil'cd Dr. Kipling. " Dr. Kiphng, Mr. Frend dcfires to fee the refolu- tions; have you any objcdion to the production of them ? " Anfwer. I leave it to the difcretion of the court. Court replied. The court cannot direft the conduct of any of the parties. Dr. Kipling, (after a little paufe) Am I to give a deciiive anfwer ? I fee no reafon why he Ihould not : I ara willing tiiat he ihould." Vice- [ ^5 1 Vicc-Chancellor. " I fee none. I believe I fent next day to Mr. Trend, that as foon as a regular accu- lation was formed, I would fend them*. I called a meet- ing of the heads, and it was tlieir opinion that I flioukl not." Commiffary. " I will take Mr. Trend's objen:ion fully. Mr. Lloyd is no accufer before the court, and therefore a competent witnefs." Mr. Frend afked: " Mr. Vice-chancellor, is this with the concurrence of the heads?" Anfwer. " They do not object." " Mr. Lloyd appeared with a pamphlet in his hand, and was fworn." ^ueftion. ^Vhat pamphlet is that which he holds in his hand? ** Mr. Frend obferved, that this looked like con- nivance. It feemed as if the promoter had direded the witnefs to bring the book, that the promoter might alk him what it was." Anfwer. A pamphlet intitled, Peace and Union : by William Frend, Fellow of Jefus College. Qj Did he purchafe it, or was it given him ? A. He purchafed it. (X Of whom ? A. Of Mr. Lunn, the bookfeller. (). Did he purchafe it before the third of April, or after ? A. After that date. (X How long after that date? A. On Thurfday eighteenth of April. * Mr. FiCBd never received the meflajc. L 26 J Q. Can he fay, on his oath, that is the very pamphlet he bought in Mr. Luna's fhop? A. He can. Q. Did he receive it from Mr. Liinn himfelf, or his foreman ? A. From his foreman. Mr. Frend crofs-exarained the witnefs. Q. Was there any agreement between the witnef* and the promoter to appear with a pamphlet? A. He was afked by Dr. Kipling, if he had any objec- tion to appear, and had none. *' It was a voluntary acl." The fame principle which led him to petition for the ])rofecuticn, led him alfo to take the part which he now does in it. He had no objeclion to purchafe 2 pamphlet for the exprefs purpofe of appearing againft Mr. Frend, and to bring home the charge, " and con- vift him of publifiiing." O. Was there any agreement between witnefs and Dr. Kipling, concerning a repailar plan of purcliafing, '' keeping, and exhibiting the pamphlet before this court?" A. Dr. Kipling "certainly" fuggcfted to him to take every proper method for identifying the pam}:)hlet, and qualifying himfelf as a witnefs on this occafion. O, "Whether he was one of the twentv-fcA'en, or a greater or lefs number, who met at the vic^-chan- cellor's, and entered into certain refolutions refpecfing rliis caule? A. }ie has the honour of being of that number, and thaiik^ ?vli-. Frend for jnaklng thai known. (X Di'.; ho \otc for Dr. Kipling being chairman on. l;::U (K-;;=ifii.)-) ? A. He^'ic;. O. Did C --7 1 Q. Did he the witnefs debate on the mode of profe- cution on tliat occafion ? A. The plan was not finally fettled on that occaiion : there certainly was a debate. Q. By whofe direction did the witnefs go to thehoufe of Mr. vice-chancellor on that day ? A. He thinks it was in confequence of a meflage from the vice-chancellor, but is not very politive, and be- lieves it was. O. Did witnefs vote for the five managers ? A. He docs not think it came to a regular voting. O. Were they nominated ? A. There were names m.entioned. O. Was there any queiuon of depriving Mr. Frend of his property, at that meeting? A. He rather thinks that it was hinted by fome pre- fent, that a profecution might go to that, but that it was not a neceHary confequence ; and thcqueltion was, Whether the college might not, on account of the xiniverlity's profecuting, proceed to exclude him from his fellowfliip? but he does not pretend to be accurate. '"' He cannot anfwer for his memory, as he did not come to anfwer tliis." ''Mr. Trend, Certainly: I fuppofe you came for a very dilTerent purpofe." ()j Was it not i'aid, tliat to deprive ivlr. Frcnd of his projicrty, was a matter of comparatively fmail moment ^ A. He does not recollect that remark. *' Mr. Lloyd ga\e in iiis copy, and tlie promoter dc- lired that it might be identified tn be u Jiii-'iKaLe of that alrca'ly in court." E 2 Mr. C 28 ] Mr. Lite called in again. Queftion. Whether he recollefts a pamphlet being fold to Mr. Lloyd, intitled, Peace and Union. Anfwer. He does. Qj Does he recoiled whether it was fold to him aftet the third of April, or before ? A. He thinks after. O. from the court. How comes he to recoiled fell- ing that pamphlet to Mr. Lloyd .^ A. By Mr. Lloyd's writing his name in it. Qj Being fliewn a pamphlet, and alked if that was the fame. A. It was like it, but he was not fure that it was the fame, and that he has no circumftance fixed in his me- mory which will enable him to fay, with certainty, that the pamphlet was really fold to Mr. Lloyd after the third of April; and did not remember that it was dated ; and the pamphlet's being dated is the fole cir- cumitance which leads him to luppofe that it was fold then. Mr. Frkxd crofs-examined the witnefs. O. Why he remembers the day u hen he faid he came to Mr. Frend's room ? A. Becaufe he gave Mr. Frend credit for twenty copies in Mr. Lunn's ledger. O. By whoCe inflru6iions he took the memorandums he has in h':s hands.-* A. Mr. Lunn direfled him to take thofe memo- randums. Witnefs C =9 3 ^Ha-rvey Alger" witnefs again examined by Dr. Kipling. <^. Is he in poflelTion of a copy of the pamphlet iotitled, Peace and Union, by Mr. Frend. A. Yes. Q. Where did he purchafe it ? A. Of Mr. Bowtell. O. About what time ? A. Friday nineteenth of April laft. Qj from Mr. Frend. Whether he bought a fecond copy by diredion of Dr. Kipling ? A. He bouglit both books by diredion of Dr. Kipling. John Bowtell, fen. called and fworn. Queftion. Does he recoiled; felling a copy of a pamph- let intitled, Peace and Union, by Mr. Frend, to Dr. Kipling's fervant ? Anfwcr. He does. Q. From whom had he tliat pamphlet? A. From Mr. Frend. Q. Did he go to Mr. Frend's chambers for it ? A. No. O. Where then did Mr. Frend deliver it to the witnefb? A. I received it from Mr. Frend in the witnefs's houfe. (). Did Mr. Frend bring it himfclf to the witnefs's houfe ? A. No. O. Who then brought it to his houfe ? A. It came to his houfe ina parceldireded toMr.Frcnd. O. Docs C 30 ] O. Does he know from w hence that parcel came ? A. He does not. O. What did that parcel contain, belides that one copy fold to Dr. Kipling's fervant? A. It contained that pamphlet, and feveral other du- plicates. O; How does he know that it contained feveral other duplicates of that pamphlet? A. He faw them when the parcel was opened. O. Who opened that parcel ? A. Mr. Frend himfelf. Q. How long had the parcel been in his houfe, before Mr. Frend came to open it.^ A. He does not now recolIe(5l whether Mr. Frend came the fame day on whicli he opened it, or not; but it was on the fame day or the following (.hy. Qj Did Mr. Frend deliver that one copy aforefaid, with fome others, to be fold for him ? A. He did. O. Did he give the witnefs any commiiTion about the remaining copies.'' A. He does not recollect that he did. Qj Did he give no direclions to lend any copies to Mr. Merrill or Mr. Lunn ? A. He docs not rccollecl that he gave the witnefs any. Qj Did witnefs hear Mr. Frend give any direiTtioni. to the witnefs's fervant.'* A. Mr. Frend did. Qj To inform the court what thofe directions were? A. Mr. Frend directed the Nsitncfs's fervant to take one [ 3' ] one of the inclored parcels to Mr. Merrill : another in- ciofed parcel was directed to be taken to Mr. Lunn. Q. from the court. Were any of the parcels under cover ? A. They \vere tied up, and the titles together ; the titles faced, fo that no print was feen : the ends of the pam]>hlets were blank. O. How did he know tliat thefe pamphlets were co- pies of the pamphlet, intitled Peace and Union? A. He does not know that they were pamphlets in- titled Peace and Union. O. Does he know that the pamphlet, now prodiiced by Dr. Kipling's fervant, was the pamphlet fold by him? A. He does not know that that was tiie pamphlet. Mr. Frend crofs-cxamined the witnefs. Q. Whether he has not fold for Mr. Frend a variety of books of various authors, uddrefied to the witneii; or Mr. Frend, in parcels from London? A. He has. Charles DicKKN's, LL. D, was called by the p'aintia", and fworn, and depcfed as iciiows: ^ueiTion. Whether has he in his iKTsViiion at prcfont that j/drnjiliict, intitled Peace an^l Unior., &. by Wil- liiini Freiul, v hich was fiicv/u t(^. him by a friend of hi-- ;;lM)ut a wcelc a2;o, and coi^taaxing .;n apjx-ndix in tv. () j,:r:<, ArT.v(V. Ik ))js. p. 'J^'o j'ro(luce Ir, (IK did produce it.) O. Ol [ 32 ] Q. Of whom had he that pamphlet? A. " From my old friend and acquaintance Mr. Frend. 1 faw him at a bookfeller's fhop at St. Ive's: he was going to fend out feme of them. (Interrupted by the court.)" Of Mr. Frend. Q. Did he make a prefent of it ? A. Mr. Frend faid, that he defigned to fend him one, and took up that one which he has in his hands, " I faid, no one Ihall fee this till it become publici juris." Q. How does he know that that is the very book he took up ? A. " Hifce oculis video ;" and he knows it by his own hand-writing in it, *' Sunt bona, funt quxdam mediocria, funt mala plura,'"* which I tranflate, *' Do you expel a perfed work to fee ? *' You afk what never was, nor is, nor e'er fiiall be.'* Qj Dr. Dickens was defired by Mr. Frend to read what is written in the end of the pamphlet, in Dr. Dickens's own hand-writing. " The court was inclined to rejeft it ; but on Dr. Kipling's defire it was read. Trojani equi fabricator was faid to be Epeus. I don't know that, nobody knows." A. He read, Sifle per fidem, at the bottom of the flairs. Nolo per Jovcm, faith good Mr. Eyres, Nil dictum quod non didum fit prius. ACTA C 33 ] ACrj CURI^. At a Court, holden, &c. between the hours of twelvr and iix, on Satui"day the eleventh of May, 1793, &c. ^^ERTAIN refolutions refpefting this caufe, by which Dr. Kiphng, Dr. Jowett, Mr. Manfel, Mr. Mainwaring, and JVIr. Belward, were appointed managers to carry on, ' in their names,'* this prolecution, were read. Dr. Kiphng defired that the two pamphlets, yeflerday produced in court, the one by Harvey Alger, the other by Dr. Dickens, might be examined by the court, that the court might be fatisfied that the fame were dupli- cates, excepting an appendix annexed to tlie latter. John Bowtell, jun. Philip Life, John Bowtell, fen. William Henry Lunn, Elizabetli Everfden, John Merrill, Thomas Wagftafl', Thomas Watfon, A.M. Edward Kil- vington, A. M. John Plampin, A. M. and Thomas Newton, A.M. were fworn and examined, Mr. Frend having firll proteited againil the evidence of Edward Kilvington, A. M. as having figned the refolutions aforefaid: and certain letters, or notes, marked A, B, and C, addreffed to iVIr. Watibn, fellow of Sidney col- lege, were read, and alfo anfwers to the lame, marked a, b, and c. The court was adjourned to Monday next, at ten o'clock. " The vicc-chanceller holding a paper in his hr.nd, ad- drclit_-d Dr. Kipling; You confentcd that a copy of thcfe refulu'Lions ikould be given to Mr. Frcnd? Dr. Kipling anfv. erc-l. I diJ ccnfcnt iliat Mr. Frend iDJ^i^hr li.ivc a fight oi'thcm. * 'In t'lclr n.'iincs,'' v.-a". left ou' 'u tl;c c.-pv dili veir J ro :ne ; but :i \v ., ;cv.! in ihii ]i;a;i, er .f.e^v.'Uidi iu ilie couit cf dc- le.-uics. Y Tk? [ 34 ] The papers were then delivered to Dr. Kipling, wh after looking at them and a fhort confultation with the other four managers, faid, they contain nothing we are afhamcd of; yet I am unwilling to gratify an imperti- nent curiofity. The papers were then delivered into court and pub- lickly read.' Cambridge, Ojjeen's College, March 4th, 1793. JXESOLVED by the under-written perlbns, members of the univerlity of Cambridge, that William Frend, M. A. and fellow of Jefus college, be profecuted in the vice-chancellor's court, for having publickly and noto- rioully offended againfl a grace, pafled by the fenate of this univerfity in the year 1603 ; and that the following gentlemen be a committee to manage the faid profecu- tion, viz. Dr. Kipling, Dr. Jowett, the Margaret pro- felfor of divinity, the public orator, and the reverend Mr. Eelward, fellow of Caius college: T. Kiphng Geo. Whitmore A. Frampton j. jowett ,V/. Mathew F-,. Kilvington j.Mainwaring E.Bradford E. Outram W. L.Manfcl J. Olderfhaw R. Tillard R. Belwaid W. Waiford W. Pugh W. Wade W. Walker J. Piampln F. J. H. W^ollafton 11. Jov/ctt Vv'm. Eadon j. Smith W. Wilfon j. Coftobadic j. Wood Tho. Salmon 11. Greene G. King T.Eloyd Fk. jlauifdcn Cam- [ 35 ] Cambridge, March ii, 1793. Agreed, that the following words in the refolution niade la(t Monday, viz. * againft a grace paffed by the Tenate of this univerfity, in the year 1603,' be refcinded, and that iu lieu of them be fubflituted thefe words, viz. ' againit the laws of the univerfit) .' T. Kipling J. Jowett J. Mainwaring W. L. Manlel Tl. Belward Geo. Whitmore Win. EaRon Henry Jowett W. Madiew W. Wallord E. Bradford J. O.lderihaw W. Wade j. Coftobadie J. Smith P. Douglas J. VV'ood The. Salmon F. J. I-I. Wollail, G. King G. Gordon Vv". Vv'ilfon 11. G.ecne T. Llovd R. Ramfdea A. Frampton E. Kilvington W. Walker W. Pu,li E. Outram " Mr. Frciid rcqiiefied that ihey luioliL be left v.ith ;':n d;i"iny the iiaia:! uf uic co-i-t. \. 'i!'.h Dr. ]\i])linp; oh-e^LCvi to. Dr. Kipling th ;; i!e you along with Lhat parcel? A. lie faid it came from Mr. Friend's. C). Did lie fay for what purpofe? A. I do not rceolIc(ft that he did. O. Have [ 39 ] O. Have any of thofe pamphlets been fold in Mr. Lunn's fhop? A. Yes. Qj How many ? A. The whole fifty. O. On what authority did you undertake to fell thofc books? A. I cannot fay, it was Mr. Lunn's order they iliould be put into the ihop for fale. Qj Have any more copies of the fame pamphlet bce# fold in Mr. Lunn's Ihop? A, Yes. Qj How many more ? A. About fevcnty. Q. Do you know where thofe feventy copies came from. A. I went for fifiy of them to Mr. ijc-v: ell's houfeT and for the other tv/cnty to M ". Friend's rooms. (X Did you receive tlie fifty copies yoiirfclf from Mr. Bow tell? A. I did. Qj And what did you do with them? A. Brousht tiieni hoDiC to Air. Luiir^'s i;!0;\ O. Are all thofe Hfty copit. Ibid? A. They are. (h Were they all il.ld before vovi vent to Mr, Friend's clian.bers Ua ;;.'orc copic: o\ tlu- iaijic Ijook? A. I bcJicve thijv werr, l;r,i cai n.;t IpCcik with :n\j certainty. [ 40 ] '' Dr. Kipling obferved to the court, the other twenty, you will remember, were proved to have been brought from Mr. Trend's rooms." Qj Do you know whether any more copies of the fame pamphlet were brought into Mr. Lunn's fhop for lale? A. I never faw any after the twenty copies I received from Mr. Friend. O. Do you tl^en believe that no more than thofe hundred and twenty copies, which have been juft men- tioned, were ever expoi'ed to fale in Mr. Lunn's fliop.-* A. I do. O. (from Mr. Friend.) At what time the l^le of thefe pamphlets began at Mr. Lunn's.'' A. Somewhere about February the thirteenth laft. JohnBowtell, fen. fworn. Q. Did you ever ileliver fifty copies of the pamphlet jutided Peace and Union, &c. to Philip Life, Mr. Lunn's foreman.'^ A. I do not recollect that I did. O. Do you recollccT: whether Philip Life ever came and afked you for lome copies of tha'c work ^ A. No I do not remember that. O. Do you recollc'.t ever giving any parcel of books to i^hilip Life, Mr. Li nn's foreman? A. i have no rccullcftion of it. (). lJid not Mr. Friend leave feveral copies of the pamj/i.U'-L iiiciiled Peace and Union, and io forth, in your houfc, lo be diJtributed to otiicrs, vho miiiht alk for the Vv ork ^ A. He diJ. O. Lid L 41 ] O. Did you make an entry in your account bool:s of the number of copies which ne IciC you for that pur- pofe ? A. I believe I did. Qj Have you kept an account, in the fame account books, of the perfons names to whom you have delivered copies of that work, and of the number of copies that you have delivered to each perfon? A. I have only the name of Mr. Frend. " Dr. Kipling. He cannot underftand the queftion, which was therefore repeated." A. I have no account of any perfon to whom I have fold them. Q. You told the court, yefterday, that you faw Mr. Friend open a parcel which contained many pamphlets. You have alfo told the court that feveral of thole pamph- lets were left in your own poffeflion. Have you kept no account of thofe pamphlets? A. No I have not. Q_. Are they all in your own poflefTion ftiU ? A. None of them. Q. Tell the court to what perfons you recolleft having delivered I'ome of them. A. I think I recollect fending fifty copies to Mr, Friend, unfold, O. Tell the court the names of all the perfons to whom you have fent parcels of thofe pamphlets? A. I fent none. I law them go. Mr. Frend fenjt the in. p. How many copies did you fend to IVIr, Lunn? A. I i'cnt none. G O. D L 4= ] Qj Do you mean to deny, that Philip Life ever had fifty copies, from you, of the pamphlet intitled Peace and Union, &c. by Mr. Friend. A. No. Qj Do you think that he never had that number of copies of the pamphlet fo intitled, from your houfe ? A. I might deliver them, but I do not recolleft it. Qj You have faid, that you never lent any of thofer pamphlets yourfelf to Mr. Lunn's, but that you faw fifty of them go. By whom were they carried to Mr. Lunn's ? A. By my fervant, JohnBowtell, jiin. O. Who direfted him to carry them thitlier? A. Mr. Frend. Q. What meffage did Mr. Frend fend along witk tliem ? A. I do not recoiled any particular meflage. Qj Did he fend no meflage? A. He faid, take them to Mr.Merrill, and Mr.Lunn, this is all I recollecl. William Henry Lunn fworn. O. Your foreman has told the court, that lie received a parcel, containing fifty pamphlets, from John Bowtell, }un. that he does not recollecl: whether he or yourfelf opened that parcel; do you rccollca: by whom it was opened? ^' Mr. Friend alked the court, whether fuch prolego- ' mena v. ere allowable in cpielfioning a witncis? The roinminary diiar,pro\ eil of them." A. I ha-v c no rcc^^l lection of liuit circumftnncc at all. o. Do C 43 ] Q. Do you recoUet't that a parcel containing fifty |amphlets, intitled Peace and Union, and i'o forth, by William Friend, was left in the month of la{l February at your houfe? A. I have a perfect recolleclion of their being left, but cannot fpeak as to the time; but my ledger will prove it. O. Did you deliver thera to your foreman for fale in the fliop, or give him any diredtions for that purpofe? A. I do not recolleft. O. By what authority then do you fuppofe they were fold in your fliop? A. As coming from Mr. Bowtell by Mr. Friend's order. O. Had you any more copies of the fame pamphlet from Mr. Bowtell .^ A- I lent for more when the firft were fold. Qj How many were brought.'' A. Fifty. O. Had you fold the whole hundred copies which you fay you received from Mr. Bowtell, before the third of April? A, I cannot liiy. O. Had you fold them all when you fcnt for fome jnore copies from Mr. Friend? A. I think they were all fold. I will not fay pofi- tively. O' What more copies of the fame work have you ever received for ialc? A. Tv/cnty copies. C X Qj From C 44 ] Q. From whom did you receive thofe twenty copies ? A. .1 received them by my agent, in confequence of % meffage I feat to Mr. Friend. C). Had you ever ary copies of the fame pamphlet for fale, in your {hop, befides the hundred copies you had from Mr. Eowtell, and die twenty copies you had by your journeyman '' roar Mr. Frend's chambers? Thefe latter words were withdrawn by direction of the commifTary." A. No. Q. Do you believe that thofe hundred and twenty copies are the only or.es that were ever brought into your fkop for fale, and that you have fold no others? A. I do. Elizabeth Eversden fvvorn, Q. " Do you remember feeing that boy ? (pointing to Bov. ttll, jun. who had been detained at the bar.)" O. Do you remember ever feeing John Bowtell, jun. A. I do not. O. Do you reccllecl: receiving a parcel of books or pamphlets f cm a perfon of about chat fize? A. Yes. Qj To whom did you deliver that parcel? A. To my mafter, Mr. Merrill. O. Did you fee that parcel opened? A. No. O. Did t]ie perfon, of wliom you received that par* eel, deliver any me'liige with it? A. He told me they were pamphlets to be fold for Mr. Freud. O. Did [ 45 ] Qj Did he tell you from whence they came ? A. No. Qj Do you recoiled about what time you received that parcel? A. No. O. Can you tell how long ago ? A. She cannot fay. John Bowtell, jun. again examined. Q- Do you recoiled delivering a parcel of pamphlets which you received from ?vTr.Fr end, to Elizabeth Everf- den, Mr. Merrill's fervant? A. Yes. O. Do you now recoiled her perfon? A. Cannrt tell. ** Mr.Freiid obrerved,if Dr. Kipli-.^j^ has any creftion in future to determine perfonal identity, I mud dc- fire that he be not permitted to po'nt out the ver- fon to the witnelTes, but that tbf y be 'eft to diicovcr it; as I believe is uiual in all other counts." John Merrill fworn. O. Do you recoiled receiving from your maid ^p^- vant a parcel co itaining fifty pamphlets, int'tlcci Peace end U lion, a-^.d fo torth, by W. Frcnd, w'th a me.'age purport, g that they were to be fold for Mr. Freiid? A, Yes. '' O. ^'v e-e th.o^e pamphlets when you i ccci^"ed t'-C'-n, pi-t up f ) ill:.- the t''llc p:i.('.- conl,' not be !ccn ? To tlii: tu cltiun Mj'. Frer.d mudc oUjCdlonb, wi". h flit; <.OiU,..ii.aiy aliuwi;u." C 46 ] O. How were thofe pamphlets put up? A. I cannot recoiled they were put up in any par^ ticular order. O. Were the title pages vifible. A. I do not remember they were vifible, they had titles. Q. Did you open the parcel yourfelf ? A. Yes. ^. What were the titles of thofe pamphlets? A. Peace and Union, by William Friend, &c. Qj Have you fold any of thofe pamphlets? A. Yes. p. Do you recollect whether, at the time you re- ceived them, each pamphlet had an appendix to it? A. Yes they had. Qj Did you fell any copies with the appendix to it? A. Yes. O. Have you fmce that fold any without the appen- dix? A. Yes. Qj By vvhofe authority was the appendix cancelled? *' Objected to by Mr. Frend ; but ordered as afked for no purpofe but to prove the pamphlet, with the- appendix, written by Mr. Frend." A. By Mr. Friend's. C). Did Mr. PViend authorife you, in perfon, to can- 1 the ap'-,endix? A. Yes. O. Did [ 47 J Q, Did he direft you, in perfon, to fell the pamphlet without an appendix? A. I do not recolleft that he did. Q. Did he give you no direftions whatever, in per- fon, about the fale of thofe pamphlets? A. I do not remember that he did. Q, " To whom do you intend to pay the money you have received, or may receive, for the fale of this book? Mr. Frend objefted to this queftion ; the commifTary thought it not improper j however it was changed." Qj To whom have you given credit in your books for the money you have received for tlie copies of the })amphlets that are fold? A. To Mr. Friend. Q. Did you fend a copy of the faid pamphlet to the Mafter of Arts coftee-lioufe? A. I did. Q. Do you recollect by whom you fent it? A. I do not. Q, from the court. At what time did you receive this pxircel from your fervant? A. February the thirtccnrli laft, as appears by entry hi my books. Thomas Wagstakj fworn. A book was delivered to hiiii. (). What h the title of the book in ^, cur hand? A. Peace and Union recoiumcrjJcd to ihc adbciated- budieSj &c. O. Did C 48 ] Q. Did you ever fee that book before that is now in your hands? A. Yes. Q. Where did you fee it? A. At the Mafter of Arts Coffee-room. O. Who keeps that coffee-room? A. I do. O. From whence did that book come? A. From Mr. Merrill's. Q. Look at the fecond leaf; whofe hand wrfting is that? A. It is mine. Q. What is written on the leaf? A. Mafter of Arts Coffee-room. Q. (from Mr. Frend.) V. ho has a right to take books out of the Mafler of Arts Coffec-foom? A. Any member belonging to the fociety. Qj Is Dr. Kipling a meii/ocr of t'lat fociety. A. No. (\ Do you know then how the book came into Dr. Kipling's pofTeiFion? A. No. O; Do you know then who took it out of the coffee- room? A. Mr. Frampt m of St. John's. C). How long has it been taken out of the coffee- room ? A. On the li:-;th of May. il' Are E 49 3 Q. Are there any limitations refpefting the time of taking books out of the colfee-room? A. Seven days. Q. " I mean" how long is a book to be in the coffee* room before it may be taken out? A. Two months. O. When did you receive this book? A. On the fifteenth of February. *' Dr. Kipling obferved to the courtj this book, you obferve, has an appendix." Q. (from the court.) How did you know the book ame from Mr. Merrill? A. " I fuppofe fo, as all books are fent in from Mr. Merrill. This was anfwered again." A. Becaufe it was numbered when it came in, which is the common cafe with books that come from Mr. Merrill. *' (Mr.Frend.) Do you not receive into the cofFee-room fome as prefents? A. I do. This evidence occafioned fome delay, and Mr. Merrill was called agaiii." Mr. Merrill called again, Q. from the court. Do you remember numbering that book (Ihewinghim a book from the Mafter of Arts coffee* houfe)? A. No, " 'tis not my number," but I believe it to be liie numbering of my young man. H Thomas C 50 1 TrtOMAs Wat. ON, A. M. fworn* Q. Were you not curate of Fenftanton in February; or March laft. A. I was. O. Did you not during that interval make feme in- quiries refpeding the price of fpinning wool ? A. I did. " Vice-chancellcr. What! wliat! fpinning wool ! what has that to do with this bulinefs. Dr. Kipiing went up to the vice-chanceller and faid fomething in a low voice to him: who faid, ay, ay, go on." Q. Did you not during that interval make fome in- quiries rel'peding the price of fpinning wool.'' A. I did. Qj Wliat led you to that inquiry? A. The perufal of part of a book which I had read in the Mailer of Arts Coffee-room. Q. What book? what was the title of it? A. I do not recolleft the precife title, but I have rea- fon to believe that the beginning of the title was Peace and Union. Q. Is any perfons name mentioned in the title-page? A. I believe W. Friend, A.M. fellow of Jefus college. Q; Did you find v/hat is ilated in that book refpcifling the price of fpliining to be agreeable to the iiiformation you received from zhe inhabitants of Fenltanton? A. I had reafo;! to believe that the information I received at Fcndauio.i c.i that fubjeft was different from tiic information I reccr/ccl from that book on that fubject. vritten by Mr. Trend." Edward KiLviNGTON, A.M. fworn. ** Mr. Frend objected to the oath being given to Mr. Kilvington, as one of the twenty-fevtn. The court anfw'cred; this objection was over-ruled yef- tcrday in Mr. Lloyd's calc." Q_. (putting a note into his hands). Whofe hand writ- ing is tluit? A. It is Mr. Frend 's. Q. Have you frequently fccn Mr. Frend write before ? A, Yes, frc(jucnily. G 2 Q. (from C 5 ] Q. (from Mr. Frend). Do you know it to be Mr. Trend's hand- writing ? A. I do. Q. How came you to know it to be Mr. Trend's hand- writing? A. By having very frequently feen him write, and from having letters of his now in my poflefTion. Q. Did you write any letters to Mr. Trend ever? A. I believe I have. Q. Where did you fee Mr. Trend write? A. In his own room when giving ledlures, for three years or thereabout. Q. How long fmce have you feen Mr. Trend write ? A. About fix or feven years fmce, I faw him write, certainly not more. Q. How then can you fay that this is Mr. Trend's hand-writing that bears fo late a date ? A. I have reafons, but on Mr. Trend's account I am unwilling to give them. (^ Mr. Trend begs the witnefs may be defired to give them ? " A. Mr. Trend's ftudied attentions- Here a fhort delay and confultation in the court, after which the commifTary afl Ir. F.er.d hi.:, in- formed Mr, V/atfon from what fovirccs liC cl;(.!. Mar. ij, ijtyj. Jos. Watson. I 2 (). DiJ t 60 ] Q. Did you receive an anfwer to the note you htve now read ? A, I did. Mr. KiLViNGToN recalled. Qj Do you believe that the note marked C is the liand-writing of Mr. Frend? A. I do. Mr. Plampin recalled. Qj Do you believe that the note marked C is the hand-writing of Mr. Trend? A. I believe it is. Mr. Newton recalled. O. Do you belie\e that the note marked C is the band-writing of Mr. Trend? A. I believe it is, Mr. Watson's evidence refumed. Q. Were the two laft notes produced by you, marked Mith the marks B and C, marked before you ever parted with them? A. They were. Note C was read. To the Rev. Mr. Watfon, Tcllov/ of Sidney Coll. Mr. Frend did not vv-rite to Mr, Watfim to enter into any controverfy on the mdleyries of woollen manufaftu- ries, which, like the pretended myileries of religion, are only iiich to thoie who do not give themlelves the trouble of gaining knowledge from the proper fources. It is of a mifrcprtfentation of a matter of fact to the injury of IVir. Frend 'b character that he complains, and, however light [ 6i ] light the fubjed may appear in Mr. Watfon's eyes, a& long as trnth is violated, it becomes Mr. Watfon to ac- quire juil information, and, having done that, either to convidl Mr. Frend of a falfehood or to retraft his former afl'ertions. Mr. Frend declares that, at the time mention- ed in the appendix to his pamphlet, fpinning was at nine- pence, the week before it was at par cflr a fliilling. Mr. Watfon denies this, and is referred by Mr. Frend to Mr. Audley, the principal wool-dealer in this place, or to any wool-dealer in Huntingdonlhire. It appears Itrange that Mr. Watfon Ihoiild delay to call on Mr. Audley, from whom he will gain more information on this fub- jcdt than from the moi\ refpeftable inhabitants of his pariih, who are not immediately concerned in letting out fpinning to the poor. Jcf. Coll. Mar. 15, 1793. Q. Did you anfwer the third note marked C J A. I did. Q. Did you fend that anfwer of your's to Mr. Frend j A. I did. Mr. Watfon's anfwer to note Cwas read. To Mr. Frend, Jei. Coll, Sir, You ad'ert that I deny what you pofitively ifllrm ''' ^o nor. 'J"he information I received iipoii t'ic fubiccl fccmcd to nie inconfifteTit with yf^^^r pi;blicatio:i. I rc- ])cat to )ou tliut I am r,ot convevfan!; in the knowledge ot or praftices obfcrvcd in woollen minuf'.clui'ies. I c;ii;i;()t from inyfcif prefamc to contranicl what you fiom you'- profellcd extcniivc invc-lVip^atioii of the fub- j(\L ])ofitivcly affirm. I will endeavour to rccollcft (if the mailer can be deemed wortliy of rccollcftion) that the iiUa, v.hich 1 had formed from the information of my jjarllh:'.'neri, [uk been uncipiivowally contr^idiclcd by you. I 62 1 you. I have before faid, that I wifli'd to believe that thro' ignorance you had mif'reprefented a matter of faft. You cannot think, that I have injured your character by fuppoiing you liable to error, but I affirm that it will be a violation of truth if you maintain, that I have ftudioufly endeavoured in various companies to accufe you of wil- ful mifreprefentation. I beg leave to decline any future correfpondence with you upon the fubject of the fall of the price of fpinning at Fenflanton. I would wifli to appear to poilefs the fentiments of that perfon or thofe perfons, who humanely and ftudioufly endeavoured to deliver your pamphlet from the inciunbrances of its ap- pendices, by tearing them from the copies, that at a certain period remained with the bookfellers. I would not Willi that by any endeavours of mine, even the re- membrance of them fliould be attached to the pamphlet from which they were ftudioufly feparated. The in- tention of that feparation was doubtlefs, that they might be configned to oblivion, that peaceful receptacle, where enthufiaitic rhapfodies and chimerical theories, having loft their novel eccentricity, repofe undifturbed, being fecured by their own intrinlic infignificance *. I am, Sir, your humble fervant, Jo5. Watson'. Q. By whom did you fend that anfwer to Mr. Frend? A. By my bed-maker John Smith. Q. Whether John Smith brought any aafwer ? A. He did. Q. Have you any particular reafon for thinking that the notes A. B and C. came from Mr. Frcnd of Jefu college? A. I have. O. Plcafe * Tlic letters of Vr. Watfon r.nl Mr. Frend are given here, tl-e former from il.c criminals, the i'atier f, oin 0^-163 in Mr. trend's poiUuion. C 63 ] Q. Pleafe to give that reafon to the court? A. The firft time I met Mr. Frend in public after the receipt of the third note, he ufed to me tlie words ; Our correlpondence has ceafed. Q. Had you any other correfpondence with Mr, Frend, in writing, fmce Chriftmas. A. Not to the beft of my recolledion. Q. Is tliere any other reafon you would produce to the court? ^A. No. Q. (from Mr. Frend). Whether you have not reafon to believe that the information you received from i'eu- ftanton was not true? A. At the time I received the information I thonght it true, and was fatisned with what Mr. Frend had fliewn me. Q. What did Mr. Frend fhew you? A. Some papers which Mr. Frend faev/cd mc fmcc the correfpondence. Q. What did thafc papers relate to? A. I do not exaftly know. Q. Were they certificates? A. I believe one might have the form of a certificate, t Mr. Lunn's, or that which you purchafed at Mr. Bowtell's? A. That which I purchafed at Mr. Limn's. Q. How do you know it was that pamphlet in particu- lar? A. By having marked it with an L. Qj, Did you lee me take the very fame pamphlet from rhe table in the court on that day? A. Yes. Q. How do you know it to be the very fame pamphlet? A. By the marks which were on it. Q.' At C 75 ] ^. At what time did I take it from the table ? A. At the time the court broke up. Q. To whom did I deliver it? A. To me. Qj When and where? A. At the table, at the time the court broke up. " Dr. Kipling now obferved, that the evidence having been given in court at different times, and in a detached way, he mud beg for time to colleft the fubftance and to arrange his oblervations upon it: but r e coll efting that John Smith had not been examined, he was called in and fworn." John Smith fworn, Q. Do you know Mr. Frend of Jefus college by fight? A. Yes. O. Do you recolledl carrying a note to him from Mr. Watfon of Sidney, within thefe two or three months? A. Yes. Qj Did yoli deliver it into Mr. Frend's own hand? A. Yes. O. What did Mr. Frend fay to you on that occafion? A. It required no anfwer. (X Is this the only note you ever took from Mr. Wat- fon to Mr. Frend? A. Yes. " Dr. Kij^ling. 1 am nc.v rc:vay to proceed ou article tlie third, and will repeat tiie paliage. Here Dr. Kip- ling read, Mr. PVcnd objci^tcd that the pallagcs as quoted by Dr. Ki])liii<;^, v, ere not in the book. Dr. Kipling faid; t:i:ii;. Mr. I 17 3 Vice-chanceller, it is exatlly the fume, 'tis all there ex* cept an omiflion. Here a loud laugh ou all lidcs. *^ Dr. Kipling, after reading the 5th Article, laid, I be- lieve, Mr. V^ice-chanccller, it is not unuiual for the pro- fecuter to point out precedents for the diredion of the court. I will produce one. In the year 1590, Mr. Charke was charged with afltn-ting in a concio ad cle- runi, firft that all biJhops, archbifhops, and the pope, were introduced by Satan, into the church, zdly, with affirming, that there ought to be no ranks of iuperiority in the church whatever. He was brought before tlie vice-chanceller, and confericd the charge. He was call- ed upon to recant; he refuied, and was excluded fronj his college, and banilhcd the imiverfity. " Mr. Frend, Was tliis done by the vice-chanceller and the heads, or in the vice-chanceller's court ."^ " Dr. Kipling. It was done fomewhere, I don't know where. " Dr. Kipling read the 6rh Article, and faid he had no- thing to add to that article, he fnouIJ leave it all to the court. *' The feventli Article having been read," William MAxaKw, LL. B. Fellow of Jcfus college^ \\ as called and {"worn. ()_ Was Mr. Frend a fellow of Jefus college in the month of February lull, and docs he continue to be a fellow of the iame at tliis time? A. He was fellow in the month of February lali, and is Irllovv' ;it this time. (). ();i v,h:it gro'iuid (Id you afiirni that? A. Oil two oi-oi:;;cis: lirit, iiccaufc the admiHion to the fellow lliip in Jcfu- c-ollejj^c aj'pcaru iiMon the rcsniier of the [ 78 ] the college, and becaufe I pay to him fuch money as is due to him as fellow. Mr. Plampin called in again. O. Do you know that Mr. Frend was fellow of Jcfus college during the whole month of February laft, and that he continues {till to be fellow? A. Yes, I do. " CommiiTary. It appears that a Mr, Frend was fellow of Jefus, but not that the defendant is that Mr. Frend. Dr. Kipling. I believe it is the practice of the court to put the defendant to admit or deny it. Court. You arc to prove he is a mafter of arts. Dr. Kipling. The regif\er books prove that, but they are not here. But here is a young man who was ex- amined for his bachelor's degree by Mr. Frend, and as none buL r.iaiters can examine for that degree, it fol- lows that Mr. Frend was a mafter of arts. \'ice-chanceller. That is no proof. People may take liberties which they have no authority for. 8th Article. The decree of 1603 was read, then the law de concionibus from Trohibemus, by the bedell. Mr. Frend delirtd that the bedell might read any other laws, if any more were to be made ufc of. Dr. Kipling. I do affirm that he has offended thefe. Mr. Frend. Does the promoter mean to refer to any other? Vice-chanceller. If he docs, he mui\ produce them in time for you to confidcr them. Dr. Ki))liiiP, I lliall mention no more. Mr. Frend. Docs he refer to any more? if lie tloes, let him declare them like an lioncit man. Y\ce.- C 79 J Vice-chanceller. Do you (to the promoter) mean t mention any more ? Dr. Kipling. At prefent I have no intention. Mr. Frend. Will he be allowed, after this, to men- tion any more .* Vice-chancellcr. If he does, time fhall be given to IAt. Frend. The 9th Article was then read, praying that right and juftice be done. Here the evidence was clofed, excepting only the proof of Mr. Frend being a maiter of arts which was poftponed to the next court-day. The Vice-chanceller then aiked, at what time Mr. Frend would be ready, and in what manner he meant to conduft his defence. Mr. Frend faid, that he intended to divide his de- fence into three parts, which might take up about two hours each; that he would comprife it in lefs if poiuble; that his health might not enable him to go through more than one part in a day, but he trulled that, if uo cefTary, fuch indulgence would be allowed to liiin; he engaged it fliould not exceed that time. Dr. Kipling then begged, that he might be allowed ii little time to colleft, arrange, and digeit the e\iilcncc on the publication which had neceflarily been fo disjointcil ; and to add ioine obfervations \ipou it. This was granted, and the cor.rt adjouriu'd to I'rituiy rile 17th, 10 o'clock in die inornliii;." .'f wT.i [ 8o J ACrj4 CURtM, At a Court holden, &c. between the hours of ten and twelve, on Friday the feventeenth day of May, &c. jL he book of degrees, and a fupplicat for the admif- fion of William Frend,of Jefus College, to the degree of A. M. were produced ; And Dr. Kipling was heard upon the evidence here- tofore produced in this caufe to the court; And the court was adjourned to Friday next, the a 4th inltant. HEADS OF THE PROMOTER'S SPEECH. " Dr. Kipling thought it incumbent on him to exprefs his acknowledgement to the \ ice-chancellcr and the court, for the patient attention whicli they had fliewn to the caui'e, and their indulgence in allowing him time to arrange the evidence, which had been various and de- tached, and to diged it in fucli a manner, that its com- bined force might be more clearly and fatisfaclorily per- ceived. He declared, that he Jhould avoid every thing peribnal and o{reniive, and confine himlelf iblcly to the merits of the cafe, as all his aim was to procure right judgement and equal decilion, and he trulled that the vicc-chanceller and his afleflbrs would think it rcafon- able to cxpccl the lame conduct from the defendant. *> After this exordium he proceeded to fum up the evidence^ and to dirci5l it to the proof of three points, that C 8i ] that Mr. Frend was the diftributer, the publiiher, and the author of the pamphlet, entitled Peace and Union. " The proof of the difperlion of Peace and Union was inferred from Alger's copy bought of Lunn, marked L, and traced to Mr. Trend. 2d. From Mr. Lloyd's copy, which was in the fame manner traced to Mr. Frend. 3d. From Alger's fecond copy, bought of Bowtell, and alfo the copy from the mailer of arts coffee-houfc, had from Merrill, which were alfo traced up to Mr. Frend. 4th. From there not being one copy fold in this place but by Mr. Frend's direction. II. *' The proof of the publication was inferred from, *' I. The parcel brought to Bowtell, opened by Mr. Frend, and accounted for to him. 2d. The directions given by Mr. Frend to young Bowtell to carry them out to Merrill's. 3. The receipt of them by Merrill's maid. 4. The teftimony of Merrill himfelf. 5. The directions to young Bowtell to take them to Lunn. 6. The receipt of them by Life, Lunn's foreman. ** The promoter added to this article, he could enu- merate more proofs, but they were unneceflary. III. " The proof of authorfliip was inferred from, 1. " The n::nie on the title page, 2. " Tlic cancelling of the appendix by Mr. Frend, at all the l)ot)kfellcrs. 3. " Mr. Frend fpeakiug of it to Life as his pamplilet. 4. " liodfoii', orders ior advertircinent. 5. " Dr. Dickens's copv, and Mr. Watlon's correl- ponding evidence. If after this, whicli was aniji'v cn- Lrgcil uptjn, any pcrlun be inclined to dilpute, tiiat M Mr. c 82 : Mr. Trend is the author of the pamphlet in queflion^ Dr. Kipling maintained, that he had at leaft taken upon himfelf the relponfibility of it. Dr. Kipling then clofed the account of the evidence, referving however the right of anfwering Mr. Frend, if he lliould advance any thing to invalidate thefe proofs. * " The vice-chanceller then obferving, that Dr. Kip- ling fpoke from notes, faid; Do you put the court in poflellion of thofe notes .-^ Dr. Kipling. I fliould have no objedlion : but they cannot be of any ufe : they are merely to alhft my recollection : you could not read them. " Vice-chanceller to Mr. Frend. Are you ready to enter now upon your defence ^ " Mr. Frend. It muil be clear that I cannot, as I have not yet feen the evidence that was taken down in the court, and I wifta to know in whofe hands it has been? *' Commiflary. It is no part of the acta curiae ; it is only for private aililtance of the vice-chanceller and his aflefiors ; it is no record. " Mr. Frend. Has any body had it.^ " Regiih'ary. Dr. Kiphng, * The heads of tliis fpeccli will "Ivc the reader a complete idea of the fubftancc of it, for nothing fcarcely was added under each nrtiek, except paflages taken from the depolitions, and to do the promoter jufticc, it muft be confefied, that this part was done in Tl very mafterly manner. The names of the bookfcllers, and their Icrvants, rtowcd witli great eafc iVom his lips, and their evidence ^'v'as recited with a fluency and accuracy which would have done Dr. Kipling credit in tlie Old Hailey, or any other court of jufticc. As tlie reader hosvevcr is in pofleilion of the depolitions theinfelves, ;i is luperliiiioii;; to repeat lliem in this place. '' Mr, [ 83 ] *' Mr. Frend. By whole uuthority? I concluded he muft have had fome luch alliltance, from the lingular fluency and accuracy with which he fummed up the evidence which has been given. Who knows >vhat liberties may have been taken with it? I fli^ll certainly expecl the Came indulgence. *' Vice-chancellcr. There was no reafon why Dr. Kipling fliould not lee it, nor can there be any why Mr. Frend Ihould not. " The vice-chancellcr then propofed Monday or Tuefday for Mr. Frend to enter on his defence, but it being oblerved, by two heads of colleges, that thofedaysj were fermon days, and Dr. Fiihcr being obliged to be in London on the Wednefday, Friday was propofed and accepted. The vice-chancellcr oblerved, that it was the wiih of the court, that Mr. Frend might be able to finifli all in one day. Mr. Frend replied : If it were pof- fible he certainly would ; but if he found it impoilible^ he trulted that he Ihould meet with the lame indulgencf w hich had been granted to Dr. Kipling.'' M [ S4 ] ACrj CURIM, At a Court, holden, &c. between the hours of ten and three, on Friday the twenty-fourth of May, &c. JVLR. FREND was heard in his defence, having firft referved to himfelf the power of objecling hereafter to any part of the evidence, or of the proceedings hereto- fore produced and had before the court in this caufe. Mr. Frend having read certain objedlions to the evi- dence, particularly that the minutes taken by the re- giftrary in this caufe had been taken out of court, and delivered to the promoter, and the regiftrary being afked by Mr. Vice-chancellor, if the minutes had undergone any alteration while in the hands of the promoter, the regiftrary declared, that he had looked over the minutes, fmce they were returned by the promoter, and that they had not undergone any alteration while in the promo- ter's hands. Mr. Frend interpofed a protelt in writing, againfVthe validity of the faid minutes. The grace book, containing the graces 1603, was produced : and it was admitted by the court, that the grace, ' placet vobis ut quicunque doctrinam, &c.' was not to be found in the faid book. Dr. Kipling was heard, in remarking on the defence of Mr. Frend, and Tlie court was adjourned to Tuefday next at eleven o'clock. Mr. L 85 ] Mr. FREND's SPEECH. Mr. Vice-chanceller, X Think myfelf happy in having arrived at laft to tliat period, in which it is permitted to me to fpeak in my own defence, and to refute thofe calumnies, under which, for fo confiderable a time, I have laboured. The patient attention, which you have beftowed on this caufe during the fatigue of fo many days, encourages me to hope, that you will liften to me with equal candour, and that I fliall find no difficulty in proving to your fa- tisfaftion as well as that of the whole court, that the charges brought againlt me are, as I aflerted on a for- mer day, falfe, wicked, and malicious. It is indeed a very extraordinary caufe which no\\r awaits your decilion ; a caufe not to be paralleled in the annals of this univerfity or even of the kingdom at large. Tor in what preceding period is it recorded, that a number of mafters of arts and doclours combined toge- ther to attack the rights of a member of the fenate ? When was it thought neceflary, that in defiance of the juft power of the heads of this place, a cabal fliould creft itfelf into an inquifitorial office, and take under its cog- nizance the writings or fpeeches of an academick? When did the publication of a pamphlet give rife to a pcrfecu- tion like this, which, though in itsconfequenccs it is not fo much to be dreaded as thofe of former ages, from the malignity and bafe arts of the conduclers, and the total violation of law and jullice with which it lias been c;ir- riedon, exceeds certainly c\ery thing rhat has been re- corded on. the page of hiltory. About the middle of Fcbruarv was publiflicd a pam- phlet, entitled ^ Peace and Union.' It came forth at a time \'.'hen the j)ublic mind v.as filled with the Itrongeif ap])rchc:jliuau uf ilan^^ciuus plots ac^ulult the peace oi this [ 86 ] this kingdom, and infurre(5tions were luppofed ready to break out in every quarter. As the higheft authority had given the alarm, each man was in fear for his own fafety, but no one could poflibly announce from whence the attack fliould begin. Troops were difperfed incog- nito over the counti'y, and a look or a jeft was fufficient to rank the friends of mirth and good humour among the enemies of government. The univerfity was not free from the contagion of the times, and there were among us men well known for their intriguing difpofi- tion, who endeavoured by every art in their power to countenance a deception, which ought not to have gain- ed ground but amongil the lowell of the people. co.npbints .nftde to Qj^ jj-^g fji-f\^ appcarance of the pamphlet the Vice-chr-.iceller. . . ^ ' ^ ' in queftion, it was held forth as a moft dangerous attack on every thing fac^cd to engliflimen, both in their religion and politicks. The flame ran from one to the other, and long before the contents could be digerted, it was declared abfolutely necefl'ary for the fafety of the univerfity and of the flate itlelf, that the au- thour fliould be punifhed in the moll exemplary manner. Individuals firft complained to tlie vice-chanceller, then pnrties of two, three or more at a time, and at lad a meet- ing was called of the difafteclcd, who, now well known by the name of the tv/enty-fcven, entered into refohi- tions, appointing managers for the profecution, and di- refting that proper llcj^s might be taken to deprive the authour of his degrees, and to baniih him from the uni- A'erfitv. Steps taken by the This imnortaut bufinefs could 'not how- proniciter. * ever be completed with the rapidity v.ith which it v.-as planned. The promoter iound that ievci"al previous fleps were necefl'ary, and above tlirec months clapfed, before he vas ])rcpared to difplay his eloquence in open court. In this time CA'ery riHiftance was given to him t 87 ] him which the ableft barrifters in town could afford ; thtf publick oratour imparted to him Iris eloquence ; from the Lady Margaret's profeflbur he was lupplied with ele- gance of didion; and the profeffour of civil law by com- municating to him the whole of his knowledge in that profeflion, felt himfelf enervated at his ufual lectures. But all this affiftance would have been in vain if other means had not been employed: while the committee was compiling and arranging within, the familiars were en- gaged without doors, in fearching out for information, in learning where the fuppol'ed authour fpent his time, what was his converfation, what letters he had received, and to whom he hod written. It was enough, that a fa- miliar heard a perlbn fay, that he heard another perfoa fay, that Mr. Frend had been talking to another pcrfon about his book. In an inftant the promoter flew to the rooms of the laft mentioned perfon, lifted out the conver- fation, and adapted it to his purpofc. One gentleman '^ was fummoned to appear in this place, and was adually under the necefiity of leaving a canvas in London, merely becaufe it was his misfortune to have been chatting over a tea-table with fome ladies, when Mr. Freud came in and joined the converfation. No flone was left unturn- ed: bookfellers, bookfeller's boys, printers, friends, re- lations, and enemies, all were fet to work to bring In great a criminal to jullice. Mr. Fre.iJ-s con- A";ain{t thcfc mipluv efforts wliat had 1 e ujj \:\. liwcnUi'.i-.i, uf b; ini^iii;f Mr. D.ivi', ili)->\ :i tVo;;i;iMvi ;i ll-Lond linu . iltV [ 88 ] fity, and not doubting that, when the caufe was heard^ the folly and malignity of the condufters would appear in the moft ftriking colours. Not that I would have it fuppofed, that I came here without afliftance. The uni- verfity has feen me accompanied by three of its mem- bers, who would do honour to any caufe. They are men of tried learning, abilities, and integrity. Men who ran to me in the hour of diftrefs, and on whofe kindnefs and fupport I fhall to the laft moment of my life, reflecl; with gratitude. Such men the univerlity knows to be my friends. quales neque candidiores Terra tulit, nee quels me fit devin<5lior alter. His principles mif. Without the affiflance of thefe friends reprelented. / i i , . , _ 1 mult have lunk under the weight of pre- judice with whicii the tvventy-feven endeavoured to bear me down. Sir, I was pointed at as unfit to breathe this air; my religious and political principles were totally milreprefented ; and fuch were the infidious arts ufed, that nothing but this publick appearance could ever have given me an opportunity of vindicating my conduft and character. Hi? (leciarraion of gij.^ J havc beeu rcprefeuted as an here- bc-liet in God. . r i i tick, del II, infidel, atheiit. Shall that man be called an atheirt, wlio firmly believes in the exiJtence of one God, the parent, the protccler, and governer of the univerle? Shall he be deemed an atheirt, who de- clares, and has always declared his convidion of the be- ing of the firll caufe in the words of the church of En- glujid: ' there is but one living and true god, everlalhng, without bcxty, parts, or pailions, of infinite power, wif- doni and gocjdncfs, the maker and prelcrver of all things vitlble and invii'ble?' Is this the language of an atlieift.'^ Is a perfon, Sir^ to be reprobated, who maintains thefe icntiuicnt;? But, C 89 ] inCVrJft. "But, Sir, I may be confidered if not an atheift, yet as an infidel. Shall he, Sir, be efteemed an infidel, who, for the fccond article of his creed, grounds his hope of falvation Iblely on Jefus Chrilt? \Vho looks upon his faviour as a perfon ^ fent from heaven to be tlie means of the greatelt happinefs to mankind? Is he an in- fidel who declares his faviour to be the great mediatour between god and man, that his faviour gave himfclf up as a ranfom for all, and through w horn alone is eternal life, the free gift of god, bellowed upon a finful world. However we may differ on other parts of our faviour's character, we certainly unite in thefe principles, which are the eifential points of a chriltian's faith. Ti>* third great Jn the third 'article of my belief, this oint of hij faith. 1 , 1 ,- ^1 ^ ^ whole audience, ii we except the twenty- feven, unite with me. The belief of the two former ar- ticles, unlefs fandlioned by a firm conviftion of tlae latter point, and the necelhty of afting under that convidlion, appear to me of little confequonce. We may boaftof our knowledge of and acquaintance with god, we may con- found every gainfayer on the terms of our falvation, yet, if we negledl the principle of univerfal benevolence, our faith is vain, our religion is an empty parade of ufe- lefs and infignificant founds. That every chrirtian is bc'und to entertain fentiments of univerfal benevolence, to love his fellow creatures of every feft, colour or de- fcription, is the third grand point of my faith. If any one, Sir, IhouUI afK. me, to what feet I beIonH:rea'. Dpi.nioncf i'land, who evcr dreamed of fuch a prin- r^.*.ity; cjpig^ j,ji^, opinion on this fubjcct is the fame with that of thebifhop ofLlandari, the principal of rre n-.an, who (lands forward here a;, promoter in this ".cf.-.rioiis caufe. The bifiicp has explained v.'hat feme vncn c^il the ievelhng principle, or ihc principle of fonahfj-, to be that which every engliihman takes a prifie in mawntaining, an equalitv of rights. That the I'cli >!\i.]\ not rrprefs the poor, nor the poor riotouflv attack C 9- 1 attack the rich, that they Ihall be all equal in our courrs of judicature, thcfe are the true principles of equality. Or, I may explain myltlf llill farther by what takes place among ouriclves. We all come from our rcfpeftivc fchools with diiicrent qualifications indeed, but in the eyes of the univerfity we arc co!i()dered as equals. We are employed in various cxerciles, we have opportxnii- tics equally given to lis all of difVinguifliing ourl'clve:, and when the inequality takes place, it is, or ought to be, from merit alone, the reward of the indui^rious ule of our talents and our time. of repubiicniiifin. Sir, the idea of an cnglifliman enter- taining the levelling principle, is abfurd, anci is countenanced only by thole afTociatioriS, wliich endeavour to let us at variance with each oilier: and tliC term rep' blican is eiuplovcd for the lame odioui purpoie. I have read mucli, Sir, on the mbjcct of go- vernment, and by fpjn-'.ing tlic greater part of three j-ear:. in different tours on the coutiuent, liavc had fre- quent opportunities of comparing with our own tlie various forms v.hich pre \ ail abroad, and I maintain that, excepting tlie fuiall dcmocratical cantons of Swit- zerland, we have the grcatclt claim to the title of repub- licans of any nation iii Europe, li to be an advocate ivv the juft rights of tlic 'people, if to conceive tiiat libcrtv depends on the people dcclariiig tlicir lentimcnts bv rc- prefcntatives in parliament, if to ccnicutl d/' nuc>ui;\- for the iudcpcr.di.ncv': of tlic lioiiib of coin-;iiM;'. on evcrv perlon except tiic _^'Cc;)lc. ii to Vvdia ioi .i I'^ctcr rcpre- fentation of the people, il' tiM-i"'-, Sir, :irc tiic IciitiuK^iit;^ v.hicii V, :!! entitle nicn c:. . b;lively to \hr iiamc ot' rc- pidjlican.-,, 1 ack.i'.-vic'.ir/-, Uii.t i ;'.;:i a ;-;.v.'.ii)iivaa. I ;.:.- ult in the pi"i\'ile:c (;f mv l-iri!i-rigi;*, ::!id bcin:; :.n cngl;!hn:;i)!, I ic :'iicc Ur:'. I ..i'o am a v:.;nil;lican, Anu is tiicrc, Si!-, a ;,.:: ;;i ihi'. r^li-MiM-/, i:. ts.ve ;::i ( n.. :::;;- Z))..l:., v. h(i doi^ \i'' '.j.,i:'' -.1 ;::. r.i:;ic .:"'.'!!. oiV' r .-, [ 9= 1 afferting our privileges, which fet us far beyond the other nations, it does not follow by any means, that we would ufurp the prerogatives of the firll niagidrate, or encroach on the rights of the lords of parliament. He is acci.fed ofre- But, Sir, I am accufed of a ftill greater jricin^; u,. the frcr.ch ^^ij^g I reioicpd ^t thc fuccefs of the COiiflitution ; 7 j ri t 1 french revolution. Yes, Sir, I did rejoice at the fuccefs of the french revolution, and is there an engiiihman, who did not exidt on this occadon? At what period did I rejoice? was it not at the time when every good man rejoiced with me, when tyranny received a fatal blow, when defpotifm was overthrown by the united efforts of all orders of men in an extenfive em- pire? Was it not, Sir, at the time when that horrid dungeon was dcitroyed, in which had been tormented fo many wretched viclims of caprice and effeminate cru- elty ? Was it a crime. Sir, to rejoice, when the whole nation was of one mind, and this univerfity tliought it a duty to imprefs the lentiment on our young men, by giving them as a proper fubjedt for their talents, the taking of the bafUle? It was glorious in the univerfity to unite with the general voice, and in the mofl: publick niHuner to exprel's its indignation at tyrants and tyran- ny. I did, Sir, rejoice at thc fuccefs of the french revo- hition ; but does it follow, that I was pleafed with the Icenes which iucceeded, that I nov/ look with joy and not with horrour on the dreadful outrages to which that country has been expofcd ? The inallacrcs and blood- flicd, difgracing fo noble a caule, have pained every lover ot freedom; and, viewing the confiicls ol the moil horritl pailions of the human mind, we have been left in a wretched flate of i'uipence, and not having fufficiciit grounds for uniting iuWy in our v.iliics for the fucccis of ;iiiy ]")arty, we have concci\'ed, that fiiencc on li'cn.'.h itlfiii"', is mod adyileablc. If C 93 ] f eorrefponding with If fo cxult at the approach of freedom 50 tje national afleiB- ^ great and powcrful nation was a crhne, ^' with what eagernefs was the news ciicu- Iate4i that to make up the meafure of my iniquities, I correfponded with tlie national convention! In laying this to my charge, they did me the honour of uniting me with four gentlemen of the mortrefpeftable characlcr inthisuniverfity, and as I am convinced that they would do nothing unworthy of thecharadler of englilhmen and academicks, the accufation, though intended to bring on me as much publick obloquy as polTible, was rendered of lefs efFed. As to myfelf, Sir, I here declare that neither diredlly nor indirectly did I ever correfpond with the national convention, and I make no fcruple of faying, that with refpedl to the gentlemen, with whom I was fuppofed to be ailbciated in this tranfaftion, 1 do not be- lieve that any one of them was ever engaged in fuch a corrcfpondance. Not, Sir, that I think there was any dil'grace in eorrefponding wath tlie national convention, but fo obfcure an individual as myfelf could lay no claim to the notice of that alTcmbly. If I could have Tiggeftcd any thing to promote the welfare of that afTcaibly and the nation, which it reprcfented, I fliouW certainly have taken pleafure in doing it. They were our friends, there was no war declared between the two nations, they deferved our friendlhip, for they had broken the bands of ilavery, and afpired to the honours of freedom. Disifiou uf tii dif- Having thus endeavoured by an explicit declaration ot my icntnncnts to reiu'.n'e the calumnies which have been fo indnflrioufly circu- Jurcd relpefting my religious and political principles, I coinc now to the more immediate objccf i)f uiy defence. I am acculcd of publilhing a certain book, and by that p'jblicaL!i)n of iuipuf^ning rcligioa as clial:iliflicd b v pub- lick autho!'ity, and by fucii imi'ii^nii'i^'^, of Aiolar ;:_,.' :he \\\'.. jii;d ifuCijt-es ot the uuivcrlii; . My diiVt)' iif :>> xi-'liirally L 94 ] n&turally divided into three heads. The fecond is branched out into four articles. In one, I am charged Avith defaming the liturgy ; in the fecond, with calling the worfliip of the church of England idolatrous; in the third, with afl'erting that all ecclefiallical courts, ranks and titles, are repugnant to the fpirit of chriftianity; and in the fourth, with profaning and reviling the mod: facrcd offices of the church. Under the third head arc mentioned two laws which I am fuppofed to have vio- lated, the one a Itatute de concionibus, the other a grace paffed in the year 1603. Of all thefe I fhall treat in their order, and for that purpofe I requcft that the fecond article in the charges delivered to me may now be read by the officer of the court. Here the fecond article was read. * zd. Alfo, We article and objeft to you the aforefaid William Frend, That in the prefent year of our lord one thoufand feven hundred and ninety-three, you did publifh, and caufe to be difperfed within this univerfity, a fcandalous book or pamphlet, of which you are the author, intitled. Peace and Unicm recommended to the afTociated bodies of Republicans and Anti-Republicans: by William Frend, IVI. A. fellow of Jefus college, Cam- bridge. Printed for the Autlior, by P. C. Croft, St. Ives, 1793; which faid book or pamphlet is annexed to thefe prefents, and prayed to be admitted as if inierted herein', and we article and object as above.' prnmour-jidca of 5j|-^ lam accufcd lu tliis article not only rt..'...i.i>.f.. ^^ piilililliino- a book, but of publifiiir.g a fciindalous book: and here I canisot help admiring with what modefiy and addrel's the promoter in fumming up the evi(!ence ;'c;:'i!:lT nie reqiieltcd that, as on his part r.ll pcrlonalirics Ihould be avoided, the fame might hf required on t'lc purt of the dcrcndant. Well might ht be t: 95 1 be anxious to preclude me from all perfonalities in my reply. Satisfied with the abul'e which he and liis adhc- cents had before fo liberally bellowed, he might well be content to refrain from furdier perfonality, provided I might be withheld from exprefling my jull feniibility and refentment. Doubtlefi he had a right to make tliis iTequeil, as tlierc is no perfonality in declaring a member of the fenate the authour of a fcandalous book ! It is not at all perfonal to aflert that Mr. Frend is unfit to breathe the air of this place ! It is by no means per'bnal to en- deavour to deprive him of his degrees, and to expcll him from the univerlity I Had I indeed, Sir, taken notice of a late })ublication of the learned promoter, had I ail'crtcd that the v/ork, which he has given to the publick under tlie fanclion of the uni\eriity, is a difgrace to a man of letters, tliat alter all the labour beflowed on it it aboiintlcd witli io many and fuch grofs blunders, as inftead of a fac limile it was more properly fpeaking a fac contrarium, that his prolegomena v>cre filled with quaint alluiions and inaccuracies of exprcilion, at which a boy in the iowcll: forms would blufh; had I allertpd fuch things of the learned doctuur, 1 fliould have been called a dealer in perfonalities; but, v/licn he accufes me of writin:lov,r is better c: -'a^^cd t':a;j i'i coinuici; '.'..:;>; on a CL'C o or a J^CTUjf- i.:^.:t^: \v\':i 'Jjcle ;j'"o'a.i authou' ;: l^e ;ii. ^ ^or.v ccaftd '10 Lave u\iy c'!i;!!iuiiicap()-j : }'h (iilc s ior^iicd o;i uracil i.v-xr ;;,oJ'j!;, a:;J v.c ca: i,o': 'o^L a;i:)ijc the fb earns of a-^-'t'-'CiCC ,vli'ch !;; ; :. d: rived f. om the encijanting r. ; of a '-.a 'j.j'. i uchojid-^, '1 heodorub I^e/. i, and '',.::.' .. .wori:ai-ii.iui. Tliou-h C 9-5 ] The charge feife. Though, Sir, I difdaiii every fpecies of per- fonality again ft thispromoter,! muft be allowed to fay that his charge is falfe. The book entitled Peace and Union is not a fcandalous book, it is not deemed a fcandalous book by foine of the mofl refpectable members of the houfes of lords and commons, it is not erteemed a fcandalous book by feveral very diftinguifhed charaders in the literary world, and in the judgement of many perfons among us eminent for their learning and abilities, this work fo far from being deemed icandalous, is thought to contain a variety of topicks of the utmoft importance to the Ibte, and defei'ving the attention of every lover of his country. With all thefe I moft cordially unite in wiftiing, that in- (lead of blackening and defaming the charafter of the writer, the promoter and his twenty-feven had the can- dour and ability to anf wer the publication. But whether the work is fcandalous or not, let us con- fider, what proofs are brought by tlie promoter that I ara the authour of it. After fo many days employed by him in endeavouring to prove this point, it would be a very bad compliment to pafs over without fome notice, the labour in which he has fo ftrenuoully exerted himfelf. On this account it will be necelTary to make Ibme pre- vious remarks on the proofs of authorfhip in general, from which we fliall eafily perceive with what Ihallow proofs the inquifitorial fpirit is contented, when the ruin of an individual is the only point to which its zeal and malice are directed. MarksofauthMivfiiip. Thcrc arc two waysof difcovcriug the au- thour of any work, which may be called the external and internnl marks of authourihip. llie external depend on two things, either on the aurhour himfelf, or perions, w ho hove had tlie means of being acquainted with the ;'.u- thour's proceedings. Should a jierfon clecl.%,e hiinlclf to be the authour of a given %\ork, tho'.igh this is nut in itlelf L 97 J kfelf an abfolute proof, it is fufHcicn: to fubjcct him to the praife or cenfure which would have been bellowed on the authour. It" tlic aiithour does not chooi'e to avow himfclf, before thofe. who might be fuppofed entitled to queilion him on the fubjecl, and it is a He; ted that he has elfewhere iiiade this difcovery, we mull: be particularly- careful what credit v.-e give to the telVimony of tlie wit- nelTes, who come forward on fucli an occafion. V/e mult examine tiieir characters, whether they are frientls or enemies, whether they are likely to fpeak the truth fairly and openly, or %\hether the zeal of religion niiglit not induce them to hazard a pious fraud by v.ay of get- ting rid of a dangerous opponent to their faataftick theo- ries. Beiides, we niu't confider, whether they are com- petent to give a legitimate proof: if they can neither write nor read, it will avail but little, that they heard a perfon call himfclf the writer of a given work, as the work before the court may be of a different nature and tendency from that, whofe title only was mentioned in their hearing. Internal m-iiks. The internal marks of authourdiip are va- rious. It isunneceli'ary before this learned audience to in- ^eltigate the methods,bywhicli many ofus, from having pe- rufedthe writings, or heard the difcourfesof any one, can pronounce \\ itli eafe, whether a work in queftion bcloi^gs to iiim or not. They can point out the beauties or the deficiencies of his Ihle, his plan, iiis language. They r:'n fliy at once, fuch a fentence was certainly the ciFu- iionoi tlii:, writer's zeal, or, again, none but tiiat dcjclor.r could lra\ e polfibly indited this par:'g!-;iph. For iniiancc, v.iio, iliat has read ihc ])rei'aces of liic learned promoter, or lias heard liis diliinguiilied eluc]uence in the dixinity fchools, can doubt that lie is the authour oi the late pro- Icjnjiiicna p C\)uld Cicero or Livy ha\e u ritten in fuch a manner, ccvjid ttiev h;i\-e ventured on lucli Hu Iks of fancy, coii'.d they ba , e raifed Uiciiiieb/e;. to lurin-i^e ih.'-! O ' m.:.d [ 98 ] mind with fiich beautiful changes of cafes and thofr noble deviations in the moods of verbs? Are not their metaphors feeble when compared with thofe ufed by our lub-profeflbur? Where Ihall we find fuch latinity, where ihall we meet with fuch beautiful fpecimens of quota- tion ^ ? Dr.KipiJng wrote JsJq q^q^ ^y]^Q j-j-^s ^j^g Icafl prctenfion* his own prolegoii;e- ... , , i i a; to critical acumen, wouid, on balancing all thefe circumftances, doubt that Dr. Kipling, as his lignature declares, is and could alone be the authour of his prolegomena. The work itfelf alfo carries in- ternal marks of the editour. The perfeft refembiance it bears to the original, having no other difference thaix that in feveral places the type is turned topfy turvy,, convinces us that no one but the promoter has any claim, to the merit of having correvTted the prefs. but is not punifnabie But, Sir, ftrong as thefe internal marks ^ ''* are,andftrongerperhapscannotbebroughr, I mud contend that ^hey can be of no weight in a court of jullice. It will notfuffice to fay, the ftileisthe fame, the lan- guage is the fime, the errours are exaftly fuch as might be e:vpecled from tliis authour ; IHll nouprightjudge wouldbe contented. The iVne and language may be imitated ; there have been frauds even in the literary world, and rodiing but external proof can make an authour amen- able to a court of jullice for any publication. Hence in the prefent cafe, when the promoter wanted to prove the pamphlet entitled Peace and Union to be mine, from a fancied refembiance between certain paflages in it, and others in a pamphlet written four years ago, the court very properly rejefl^cd the attempt. iixtrniu marv,. Many cxtemal marks are not available. Xeitlier the title-page, nor publick ellimation, nor writ- * Sc ' "he Icurncd prnniotci-Vs prcfare to what he calls a fac ll;iMie (.f t]if Codc.\ Ihcodoii Bc/.a; C.uuabri^icnfu. [ 99 ] ing, nor the delivery of books are, feparately or in con- junction, fufficient proofs of authourihip. Title pages. Dr. Firft, With Tcfpeftto title pagcs,! fl]all,Sir, bring two proofs, whicli I have no doubt will convince every unprejudiced mind, that my opinion is well founded. The one fliail be taken from the uni verfity of Ox- ford, the other from our own. We h;ive all of us heard the fame of a celebrated profeflbur of oriental literature in the \miverrity of Oxford. Some time ago he publifted un- der his own name a volume of ierinons, \\ liich he had alfo preached in the univerlity church. They were admired by every body, ^\ere held up as models of couipofition, as a complete \iclory over the hereticks, particularly thole, who go by the name of Socinians. Notliing could be urged againit them, they were unan- Iwerable, fo great a ch:im])ion as the oriental profedbur was invincible. So much and fo univerfally were they efteemed, that a late lord-chanceller, well known for his love of pure religion and his regard for the iutereOs of the church, felt himfelf called upon to reward fuch lingular merit, and aftually beftowed on the perfou \\ liofe name they bore a handfome piece of preferment. Who could then. Sir, entertain the leaft doubt of afcrib- ing infinite merit to this learned writer? W^ho at firft fup- poled that tliis great man could get up and preach before tlie univerfity fermons not his ovvU? The iuppofition would have been treated wiih contempt, if a concur- rence of circumftances had not jullificd it, a.atl the world is now in pud'enion of the proof, that theic noted ierinons owe their celebrity to the united efforts of a or.ce eminent dilfentino: niinifter and a doaour of diilln" uiHicd nicvir t> tit of our own univerfity * . * Mr. I^r.drock and Dr. T.'.rr. Sec Vv'hr.e'r, fcrir.o;;:; for i;.e H;ui-pii':i li> '! , :;:;(! tl;c contrn-. vcrfy on llicmj in pujni'hkls by D:. Cb.i^lj Dr. I'^ivi, u!;a Dr. ^ hilc. O z A L 100 ] Kipling's Be/*. A book lately appeared among us under the title of Codex Theodori Bezx Cantabrigienfis. Now, Sir, not venturing to truft to my own interpretation of thef'e words, I confulted a learned friend, who de- clared it could mean only the codex of Theo- dore Eeza, a Cambridge man. Was Beza then the authour of this work, or was he not? Did he write it? Did he cempole it? Did he publilh it? No fuch thing. He willied, that it might not be publifhed. So far from his writing or compofmg of it, it appears to be a traufcript of the four gofpels and the afts of the apoftles, which he purloined from a monastery in the courfe oi the civil wars of France, and either not liking the various readings contained in it, or fearing that it might be claimed by its proper owners, he made a prefent of it to the luiiverfity, to be edited in a future age by fome pro- mote r, thQugh not fo learned, yet as bigotted and bloody- minded as himfclf-f, who Jhould make the great dif- co\cry, that Beza was a Cambridge man. Thus, if title pages are to be taken as proofs of authour- Hiip, v,e may attribute to the oriental profeflbur of Ox- ford a variety of errours, which arofe folely from his friends being unacquainted with the writings of Moham- med and hib beft commcntatours, or celebrate him for tlie fplciidour of a dictioa. which is not to be expected from one of his indefatigable induRry, in diico\ ering the roots vA words arid exploring the fourccs of eg3q)tian litera- rarc. The latinity alio of the learned promoter might nut only tentl to perfuade us, tliat Beza is a Cambridge f:ian, but fix on him the Ibin of various heretical opini- + The Irarned promoter is vciy foiv.l crihis qucdion : Chriftia"s t ul!')-,vcr; to c;it blood. Licet tin iflliinis faiiguiiie vcfti, ami .e iniivcrliry has been abundantly lutiarcJ with it i.j his divinity . liools. Oils, [ 101 ] ons, to which his codex is fuppofed to give a fandion, "and make hira liable to a fummons into the vice-chancel- ler's court. Pubikk repurt. Publick cftimation is alfo no proof of au- thourlhip. We have all of us eiilier feen or heard a variety of epigrams, circulated not many years ago, full of reflec- tions and fcurrilous remarks on th,e heads of colleges and men high in rank and office among us. Forlbmetimeit was the fafliion to afcribe them to one of our mol^ celebrated mathematicians. They went under his name. Every one pronounced them in common converfation to be his, and if he had not exprefsly contradicted the report by openly difclaiming them, his fame might have gone down to the lattlt polierity rather as a fatiriil than a mathematician. Thus would our iiri\ character fv)r elo- quence have been deprived of an honour which is due to him alone, and which it is to be hoped, lie vvill enjoy iu,'nceforward unrivalled and without diipute . ju:id-vrhi.,g. The haud-writlng of a perfon is ftill lefs a proof of authourfiup, as we all know hovv' calily it may be iorged,and a perfon mull have attained cither great laga- city in the art of diilinguiihing hands, or great powers of fwearing, before liccanal'cribe a writing to any individual. Belide&, ihould the v.riting be proved to be that of any perfon, it dues not follow that he is the aurhour of the compolition, he may have been only a copy ill. * Mr. Maiif'-ll, the public oratour, fi^rls hi.-r. '"elf very mutli hurt 2t this pai:i^r..pi:j but tiiufe \s!;o li.i-. c l.:io',\;: liiii ibr !'.rany year-;, h'ive bfcn no It*-. l,;:it, t!iat the cpi,,::;:-.!!-!!;! ;!t I;-."',:!,; turn a pcrl'i - C'.u-r; and ot'ai! tlic- f'lr'c,, \\iih \.l/icli if. !.':, Ij-'i; :i . ;- l.uu'.our l-.c ha- anialcd th.c pabliol., r.nr.c '.'ccm i\> pcrjl .t , y corafinptihlc aur! rifiicu.oa^ :-; li. ,i vsliith he h.a-; lately ai'u.l : i;,:,t Manfell r.mu'al \iC a fuL-pii)!noler, ihould 'nc an ;.y.::la:il t'l kipiilii^, fllor.Kl atT-.vl fV lalk or" icii^.")', cai-h'j; wds h-.-:eJ. I [ 102 ] Delivery of books. J nccd Hot d wcU a niomcnt on the abfurdity cffuppofmg, that the dehvery of books can prove authour- Jhip, as inthatcal'e we fliall convert all our bookfellers into authours, or at lealt make the deliverers of any work mto the feller's hands members of the literary re- publick. Promoter's proofs. Having thus, Sir, eonfidered the general proofs of authourfliip, let us now examine thofe which the promoter has brought in favour of hisallertion. Thefe are of twolbrts, either by evidence or by writing. By the evi- dence of bookfellers and tlieir fervants,a printer of a pub- lick paper, and certain gentlnen of theuniverfity. On the evidence given by the tradefmen and their I'ervants I have not a fmgle reflection to make. Having no linifter views.^ nor any other objecl: than a plain Itatcment of facts, they told what they knew with a plainneis and integrity "v^'hich mult do them credit in the opinion of all who heard them. But to what did all their evidence amount,-* The booklellers and their fervants relate that they re- ceived the pamphlet entitled, Peace and Union, either from Bovvtell's boy or from his houfe, except that one declares that he received twenty copies from myfelf at my own room. The copies at Boutell's appear to have been brought by the St. Ive's carrier, and Mr. Frend is faid to have ordered certain packets to be fent to the bookfellers and to his friends in tlie uni\crlity. The printer declares, that he received the copy of an adver- tifement from Mr. Marih, to be infcrted in b.is paper, as alfo an order from Mr. Freud in pcribn la repeat the ad- vertlfcment, and aftcrv.arcls a note from him iiating the price of the pampldet. Being aO-^ed Vvherhcr he could Avcar to niv hand-writi.':*:-, he faici all that an !)oneft man tould on luch :ca occalion. He w ;:,s w.o mcU acciuaintcd wiih the nature oi an oath, and the mlftakcs Aviiich a man L 103 ] man even in his profelRon might make, to fwear pofi* tively to the hand-writing of any perfon. Yet, Sir, I may venture to fay that he has feen me write oftener and feen more of m)'^ hand-writing than any perfon in this audi- ence, but he would give his conjectures only, and could not be brought by any means to make thofe round afier- tions, which we heard with allonifhment from a quarter, whence they were leaft to be expefted*. Mr. Lloyd's evidence. Mr. Lloyd's cvidence, Sir, is too curious to be pailed over in lilence. He appeared in court, as it fliould feem, in a mode prefcribed by tlie promoter with 3. boc^ in his hand. Enter Mr. Lloyd. Pray what have you in your hand, fays the promoter? A book. What book is it? Peace and Union. Where did you get that book? At Ml'. Lunn's fhop. What did yon get it for ? To bring the charge home and to convict Mr. Frend, replies this unbiaffed witnefs, who being queftioned concerning feme tranfacliions at the vice-chanceller's lodge, declared that he did not come prepared to anfwer fuch queftions. Written letters. Thc cvldcnce froni writing is chiefly confined to certain letters faid to have palled between Mr. Watfon and myfclf. The letters are produced in court, and to prove them mine, ftep forward Mr. Kilvington and Mr. Planipln, Arcades anibo Et jurare pares, ct rcfj^ondcrc parati. They look on the notes, they are aflccd whole hand- writing it is. For tl\e firfl note, Mr. l^'rend is the reply; for the iecond and tliird Mr, Pbin])in is not quite i'o pofi- tive. To this proof, that 1 wrote tlic nules, is added pre(i.im])t;ve evidence from a con\ crlatioii, v, Uich 1 had with Mr. Watson on thc fubjci-i ot tl)e p. ice of fpinning woul, v.'hlcli huprened tlien lo en_9;at',e tiie uticution of * S.a ATr. K.:l\ ic,!;;to:rs ciiJcr.ce. the L 104 J the univerfity ; and as I carried with me lufficient proofs that Mr. Watfon's ftatement was wrong, I muft necef- I'arily have been the writer of the notes. There is how- ever a better proof remaining. Mr. "^Vatfon fent a fer- vant once with a note to me, on the receipt of which, I faid, it required no anfwer. Dr. Dickens. Jn t^ig accoiint of the evidence, I have been in danger, I perceive, of omitting a very important one, though for what purpofe he was brought here, neither the court nor myfelf can poflibly devife. Dr. Dickens is a cler- gyman well known inHuntingdonlhire, and, with the lin- gularity and vivacity of his converfation, many gentle- men in this univeriity have been frequently entertain- ed ^" : he writes fermons, which nobody reads, and ge- nerally fends me, and many others of his acquaintance, a copy of his publications. Confidering him as an harm- lefs old man, who had not forgotten the few fcraps of Latin which he learned at Ichool, I have fometimes vilitcd him, when in his neighbourhood, and he occa lion- ally indulges me with a fight of his fermons in manu- fcript. In return, he might be thought to have a claim on me for a copy of my publications ; but he is brought here to relate a circumitance, which taking place in Himting- donfliire, cannot be made an objecl of enquiry in this court. The faft is limply this ; he met me one day in the houfe of a Itationer at St. Ives, where I frequently, as is ufual to perfons in the neighbourhood of a market tov/n, go to execute any little comniiflion, to read my let- ters, or the paper, or, if occafion requires, to write let- ters. Dr. Dickens found me v/riting fome letters, and near me were fome pamphlets, one of which I told him I was going to fend to an old friei.d of his. He took ut) a pamphlet, and laid, he mult take it with him, and, in tlic Irce and eaiy way for which this facetious divine is noted, ht bore it olT, not only without, but actually againll my * Sec the Di's. evidence, p. 32. coufent; C 05 ] confent ; and this book, thus taken, is, it feems, brought here to prove that it is a produdion of my own pen. Such is the evidence wliich the promoter has collecled from all quarters, i'paring neither age nor fcx, and on which he means to reft his polltion, that I am not oiily the publilher, but alfo the authour, of the book in quef- tion. Proofs inconciufive. Unfortunately, however. Sir, for the promoter, his proofs are inconciufive. For, firft, with re- ipedi to his witnelles. Several of them are of the twenty- feven,thatis, of the original body of accufers, and one, the moll material, ishis own I'ervant. Belides the general objec- tion to the twenty-feven, there is one of a diftinft and feparate kind, which I feel myfelf with infinite concern compelled to produce. It is fo materially interefting both to the witnefl'es reputation, and my own, that I did not chool'e to truft the explanation of my fentimcnts on this head to the cafual obfervation of the prel'ent mo- ment, but put it doAN'n in writing, and fhall make no apo- logy for reading it from this paper. Here Mr.Frend read the following paper. \;r. Kiivington's Mr.Kilvingtou declared, that ' My llu- died attentions, (hewn to him as they were, he believes, to all thofe whom I was dclirous of profclyt- ing to my own opinions, were fuch as tu have inipreiled, ve- ry deeply on his mind, the recoUedlion uf my liuud- writing.' The v.'orld v/ill be at a lofs to guefs, how far any atten- tion to a perlbn can convey a kno\s ledge of hand-writ- ing, unlcfs thole attcntians had been fignified by an in- tcrcourfe of letters: but they will be at no lofs to dif- co\-er, tliat the proof of my liaiui-wiiting was the lealt jKirt of Mr. Kil\in;i.t'ni's dcfigu. It was to gratify lils own malignitv, thai he llized ilie opportunitv u^ allien- L 106 ] ing a falfehood^ which he had forgot how eafily I coviicl repel. Had I been permitted to try his fliill in the inter- pretation of hand-writing, he would have been abaflied to fee, under his own hand, an acknowledgement which totally did away the flander of fuch an imputation. But I was told, that to urge the reading of his letters then, would weaken my defence. How, Sir, am I to defend myfelf now? Will this remonflrance be entered on the records ? Will thefe letters be inferted in the acla curiae ? No, Sir, there will ftill remain an acculation without an anfwer an accufation compared with which, the prefent charge is abfolutely nothing. Sir, how flightly foever others may eiteem how flovenly foever others may dif- charge the duty of a tutour in giving lectures, in my idea, it was one of the mo{\ facred depofits which could be confided in the hands of man. To betray thistruit by prejudicing young minds, in thofe points where they ought to be left to the fair refult of their own enquiries, would be bafe and treacherous : yet this is the treachery with which I am charged. My name is to go down to poderity, loaded with the infamy of practices I ab', lior ; and from the imputation of which you were in vain folicltcd to protect it. [ do not mean, in \indicating my own conduft, to icrort the accuiation upon another; but I mean to dil- ciaiin, in the ftrongeil and the molt publick manner, in tlie face of this court, and of god, a practice which I abhor. ' Mr.Kil\inpton cannot, I {'uipccl, have duly confider- d the extent and import of the word to profelyte. The zeal * 'I'i'.c Icttcir, tlirowii down, were two received by me in the yen- ! 7?T, ilic OIK dated July Kyth, t!ic other July 24th, vbich I (. c iik-iif.ii ly fo'U'.d alioiit :i ;nont!- ;:f'iLr the firfl: meeting ot" the t \'. c^|^ -iV ,c:i at tlif ^ire-cliancellcr";; lod^c. On {iiulin;_r that Mr. K.i]v:n;;t'-)n liud taivc.i I'l) active a ydii in tlic profectitioii, I flicwei zeal of profelyting is of a peculiar, nature, appropriated in llripture to a particular body of men. Ye, lays our fa\ iour, compai's lea and land to make one profelyte. flicwed them to fome of my friends, as inftances of the gratitude of the faints. The greater part of them is taken up with the buli- ncfs of college teftimonials, and at the conclulion of the fuft Mr. Kilvington's words are : I fhall make no further apology for the trouble I am now giving you ; but muft fay, that it will give me the greateft pleafure to render you any fervices in my power, cither in this, or any other part of the world which 1 may chance to be fixed in. I am, with great rcfpeot, dear Sir, Your very faithful and aficctionate fcrvant, EDWARD KILVINGTON, Jun. In the fecond letter, he tells mc, after fome further bufincfs n the teftimonials : The cure, which I have engaged to accept, confifts of two pa- rilhes, Knockholt, and Downe, in the county of Kent. They are iituated in a moft delightful part of the country, between Brom- ley and Sevenoaks. The prcfent incumbent is the minifter of our parifli churcli ; and, as he will be delirous of refiding occafionally for a week or two, I have engaged on thofe occallons to officiate for him in London. The allowance is to be fifty }>ounds a year, together with the ufe of the parfoniige furnilhed and provided with attendance. I am perfuiided you will be happy to hear of my fuccefs, and I have therefore given you fo circumftan;ial ;ui account. I muft again apologize for the trouble wliich I am prcfiiming to jive you, cfpecially as I can never hope for an opjK.rt ani; y ut' un- charging the obligations v\hich 1 already Libonr anh r. 1 am, wiih grc;'.t cllcem, dear Sir, \'uiirs, nioir allcctioiiatciy, K13vV. K.1I.VINUTON. Kow is it probalilc, that, if I li-.i'. (.rule:'.-- c." 1 J, witli fti;dicd :!',- teriinn';, to i!i V, oiild make ul'e of their teltimony, fuch as menial iciNimt!^, being fuf'pccled to favour the intereft of their * See Mainw:;r;r.x's diffcrtatioB befor* Uii fcritoas. mafter. t 109 J mafter, and to declare only what he defires, their evi^ dence ought to be rejefted. Idonei non videntur effe teftes, quibus imperari poteft, m teftes fiant. 1. 6. de teilib. Teftes eos quos accufator de domo produxerit, interro- gari non placuit. 1. 24. With thefe maxhnsof the civil law, the opinion and the pra^ice of our courts of common Icv. agree. Courts of jultice, fays lord >. ansfield, do not lit to weigh what degree of temptation the minds of men are capable of re- liiVmg, but to take care, that they Ihall not be enpofed to any temptations whatfoever. But even, if fuch e\ i- dence as that of the twenry-feven, and the fervant of a profecutcr, were admiliible in vulgar courts, in this, from the rules of the civil law, it muil: necefl'arily be rejected. Hand-Nvriting. The fimilarity of hand-writing, is a fpe- cies of evidence which, in a caufe of this natin^e, is equal- ly inadniillible. The memorable and excellent Algcrjion Sidney was conviclcd by a Jefteries, on a comparilbn of hands, yet, to the honour of our legidature, his attainder wasreverfed; and it is declared in the act of parliament pailed for the reverfal ', that comparifon of hands is no evidence of a man's hand-writing in criminal cafes, and the lame doiStrine is acknowledged and laid dow n in the (late trials, and Hawkins's pleas of the crown -|-. Diftribuii.m ef books. The wliolc thathasbecu brought forward on the diflribution of books, falls to the grounil, from the lingle evidence of Mr.Bou tell,wlio is my atrcntfor the ilif- tribution of books, and has inibrmcd you, that he has frequently received fro:u London, and other places, parcels of b(.)oks of \arious authours, to be loUl ov dil- perled by him on my account. It is alio in tiie recoUcc- * \N iiliam arvl Matv, C. 7. wf the pii%atc aCli. i Hn.vkiu., .'Vi. tion tion of a con{iderable part of this audience, that I have frequently diftributed myfelf books in the univerlity. During the agitation of the quelhons on the flave trade, and the repeal of the tell acl, I dil\ributed a vaft number of books in this place, and carried, in perfon, to every head of a houfe, a valuable uork of billiop lioadJey on the liberty of confcience. Indeed 1 fpeak, I think, within compafs, ^vhcn I fay, th;it ten thouiand books of various iizes, written by various authours, have been difperfed from this place, either by myfelf, or by Bow- tell, under my direction. The diitribution of thei'e books, therefore, is no proof of my being the authour of this work ; for, if inch a proof is allowed, on the fame principles I may be called to an accouut for many I'en- timents totally oppolite to my own, advanced by a va- riety of writers. Mr. watfon's wool- Jt v/ould take up too mucli time to exa- fjiiiining, . c ci i i i -n /i mine lenoully the evidence given by Mr. Watfon, and a long and irrelevant correlpondance about the price of I'pinning wool, Weil indeed, Sir, might you exprefs your curiollty to knov.' how this bulinefs could pof- bly affecl the queihon before tiic court, or what ftrange reiemblance the promoter had found out between wool- fpinnlng and writing a book ! There is not a word about wool-fpinning in the pamphlet in qucffion. Mr. Watfon indeed favs in oneof his letters, that he did notrefer toMr. Frend'spublication,and Mr. Frend re])lies that he did not refer to his p\ibiication, but folely to an afi'crtion of Mr. Watfon rcfpccting wool-fpinning. But this was quite enough, the i'ecret was now out, Mr. Freud had faid his publication, and the familiars, who were upon the \\ atch for every incident, I'cized this fatal note v itli eagernefs and bore it off in triumph. It ^\as read at the mailer of arts CO I fee -houfe, then at St. John's, iVoiii thence it tra- velled to Caii;s to the fub-promotcr Mr. Belward", thence * \Tr. Rclward get up fomr li;:ic n.fter, and witii (ome wanr.th ticclared, ih-ai i!ic iioLts were never ^on^.Iu to him. How ili: {i:ct I 3 thence to the promoter; all read, all rejoieed, and all vvich the lame lagacity concluded, that Mr. Frend mult certainly be the authour of Peace and Union, becauiehe he did not, he exprefsly laid, refer to his publication. Thus the promoter boldly told the court, that the pam- phlet entitled Peace and Union niuft be Mr. Trend's, becaufe he fuppofes that Mr. Watfon and Mr. Frend could not be talking of any other publication ; whereas it is well known, that Mr. Frend has written feveral books, and during tlie courfe of the winter he has cer- tainly been engaged antl is nov.' engaged both in writing, and publifhing. On the whole tlie remark of the two countrviuen I'eems to me the beft that can be made on this wool-fpinning buftnefs. Seeing Mr. Watfon itand- ing lb coniiderable a time in a very forlorn (ituatioii, examined bv the promoter, confronted with other wit- nelles, queitioncd by the bench, again examined, again confronted, reading letters about wool, and anfwering interrogatories on the lame lubject, alas ! poor gentle- man I lavs one to the other, he is guilty, he certainly jtole the wool. Tte v.hn]e csi- Thus, Sir, Ihavecxamined tliis voIuH 'iit- JcLCe null iiid Mjid. , , /- i i i i ous bociy 01 e\jdence, ^\hlch thepromotor has taken liich pains in compiling and arranging, and v. ith w Inch lie has fatigued us for lb many days. Its little wori Il- ls ap])arent from the remarks ah-c;idy made on it, autl the promoter I'eems to have been conlcit)us of the wcakuels of hiscaufc, and dclirou::, that it miglit fall lo tliegrcnmu, as he has taken a Itep which renders ilic whole t-f liis. iiro- ccedings nail and void, h-.ir, I coiitcnd that tiic f.iking of tiic e\-idence out oi' court, thij gi">lng ot \<. to ;hc |^er- fio it 1 j')-});onioici- came to be ov.-i ]<'()''(.d ii:'-; ^r.ei i : ic to . ;.'';ou.'; fuipitifi'.is. r.T . Frend Vc/ /,cd I;-'; ;> -(i' n, fn' ;,i'. ;:i:', t,:) I.ui'ir cre^lii ! " the hillory ::i ihis rcrj:':i't, :.:i- ;l.o;;ld be \C.\ :M.iu u. ;ii - (oi-.c Mr. i<-l'vuKl ^:j:v. any t/:.r.c; a:,l:,,i;i,v in the nv.iMri; iiu^'t of thiv iL-i-:lc, lo: V. l;;i.!:, as u Iv b-jn uino! c; , nil ^.s s :..iil.Ai'.: :::!::> .1 ki.ljrc iliL- pv.bliil., !.t flai'Is uccwL.tui' Ic. C '" J fon who is moft materially concerned in converting it to his own purpofe, renders it both on the principles of the civil law and the law of England incapable of being ufed by the judges of this court : it has loft its authenticity, it cannot be confidered as the lame evidence, it cannot be made in this or any future court of review the founda^ tion of a judicial decifion. The civil law fays: It is not enough to give the decla- ration of a witnefs the efFeA, which it ought to have in juftice, that the witneis himfelf writes or caufes another to write his evidence, and that he gives it or fends it to the judge, but it is neceffary, that he appear before the judge, and that the judge himfelf interrogate him, and put down his declaration in writing. The declarations, Sir, as well as the interrogatories were put down in writing by the regiftrary, and they have fince been out of court for fome days in the pof- fellion of the promoter. That they are vitiated by fucli a itcp is evident; for, how can the judge now know that the interrogatories and the anfwers, by which he is to determine the caufe, are the fame that were com- mitted to writing in his prelence.-^ The common law of England is equally tender with refpecl to evidence, and does not permit a caufe to be decided by a jury by any other evidence than that which was produced before the court, and if there is the appearance only of any other evidence being laid before the jury, the caufe falls ipfo faifto to the ground. This appears clearly to be the law of England from the cafe of Metcalfe and Dean (Croke's reports, folio i8y) in which a jury withdrew out of court, and, after having called a witneis to repeat the evidence delivered in open coiirt, returned and gave their \erdicl; for the defendant. This was reprefentad to the judge, and the jury in vindication of themfelvcs laid, that the evidence given to them privately was the iauie in ciiect as that givtn in open court, et non alia net divcrla. r ^^3 ] diverfa. The judge however confidered this private examination by the jury as illegal and let ailde the ver- dict. If tlien the mere repetition of a viva voce evidence in prefence of a whole jury, who could not be fuppoi'ed at all intereftcd in the decilion, was fufficient to fet afule their verdict, how much more ftrongly mui\ the rule obtain in a cafe, where the qucflions and anfwers are diitinclly repeated and put down in writing, and the profecutcr has been permitted to keep the writii.g in his own pofl'eflion, and to garble it as may belt luit his ONvn corrupt purpofes. Here the commifTarj'- interpofed and defired Mr. Frend to underrtand, that theie minutes were no re- cord, they made no part of the acta curiae. Mr. Frend replied that in his idea this made no difference in the cafe, they certainly conftituted the body of evidence by which the court was to decide. Then addrelhng the judge he continued. On thefe grounds, Sir, I contend, that there is now no evidence before the court, and the judge, who is bound by our (tatutcs to determine fecunduni jus civile, has nothing before him, on which to ground a judicial de- cilion : therefore, after having read my objections to fe- veral witnefies, I fhall beg leave to ])rotelt ;i^^ainil this particular informality, and the ufe of rlic iuppofL'd evi- dence, returned by the promoter tn tlie regiHrary, eitlier in this or any other coiu't of juflicc. Here Mr. Frend read tlie following ])a]5erb : I. I objci.': to i!u' jirornour's mode of producing evidence . unj; iufiicc, as unjircccdcntcd and unv. arrauta.dj ;.; a:;y conn ul () C "4 ] T. As the wltnefles were not only examined in t^e prefence and the hearing of each other ; but as the wit- nefTes were repeatedly reminded not only of what they had faid before, but alio of what the preceding witneflb* had teflified. 1. As it was apparent, in many inftances, and exprefl- ly avowed, by feveral of the witnefTes, that the promoter had himfelf direfted the evidence which they were cited to give, and prepared with materials for his purpol'e. 3. As the witnefles were not allo%ved to go through their refpeclive evidences at once, but were called and re-called frequently, in a manner totally contrary to the practice of all other courts. 4. As the interrogatories were very frequently inli- dious. and leading qiielfions. \^ 5. As witnelTes were perfonally confronted, in order to prove identity, and not left, as they ufually are, to the calual difco^ery of the perlbn. II. 1. I objecl in particular to the evidence of Harvey Al- ger as inadmifiible, he being the menial fervantofthe ])romotcr of the caufe. 2. I object to tlie evidence of the Rev. IVIr. Lloyd, he being one of my original acculcrs and direclers of the ]iro{ccutior,, and ha\ing cxprelsly avowed in court a diljjoiition ttitally irreconcileable with the purpofe of c.mdid telfimony. ;,'. I object to the evidence of t.]ie Rev. Mr. Kilvington, lie l>el]i<-; alio ;.n ori'^iivil a.ccuier and dirc;T:cr, and hav- ii'.g bcl;d.;> utlc.xd, ;a lac courfc ui" his cxida'ucc, an ir- rcicvaut relevant and deliberate falfehood, which ught to inv4- lidate every other part of his teltimony. 4. I objeft to the evidence of the Rev. John Plampin, and of Mr. Mathew, they having alfo been original ac- cul'ers and direclers, and having belides already pre- judged the caufe in my own college, and condemned me M ithout giving me an opportunity of making my de- fence. 111. I object to the validity of the minutes of evidence in the ftate in which they now appear llnce they have been taken out of court and put into the promoter's hands ; and I muft beg leave to enter my proteft againft this in- formality, which is utterly repugnant to the cihiblillicd forms of law. W. FFxEND. Protefl of the Undersigned againft the validity of the evidence in this caufc. The witneffes cited by the promoter of this caufc hav- ing been examined in the court iipon intenogatories propofed by the laid promoter, and taken ciow n in writ- ing by the regiflrary of the court before tlicv were ] ut to the wituell'es, and the anfwers of I'uch \\ itneiics lua - iup- been alfo taken down bv the re(>,iltrurv, the cidcnce of tiie feveral witneiles fo recorded by the r^lvilbar^ , o;!;j,ht to have been kept in co;;rt as an odicial niiinite of fuch c\ idciice ; but tlie ori<.niial minutes ot tlie f\ iclcnce, as t;ikcn in court, ha\inj>^ been delivered out oi tlie lianiii, oi i;!C j)i-o;icr (tilicer, and put into il.c culiody of tlic {.rornoter, I d;) prouii a;;.;iii!t huh evidence, and (io dc- r'jrc l1i:i.t it li:r, 'oil its a iitlicnticii y, and caiuiotln' con- iu!ercd i.;-. tlu' ic.MC c ':;: :u t-, c; r. ir bf ;i;actc , cither in C "6 ] this court, or any future court of review, the foundation- of a Judicial decifion '^. W. TREND, The vice-chancellernovv afked the regiftrary, whether the minutes appe::red in any pp.rt to have been at all altered? The regiftrary nfwered, No. The jury, Sir, laid Mr. Frend, in Metcalfe's cafe, declared the fame: the witnefs had not varied a tittle : the evidence was nee alia nee divcrfa. You knovv^. Sir, addrefling himfelf to the commiiTary, you know the civil law bet- ter than I do. I fubmit the cafe to your conlideration. Mr. Frend then defired the third article in the charge to be read. The article was read. ' 3d. Alfo, We article andobjecl to you the aforefaid William Frend, That in the twenty-ninth page of the aforei'aid book or pamphlet > on have dctamed the pub- lic liturgy of the tihiblilhed church, by affirming that ' it is very far from the ftandard of purity in doctrine^ \\ hich is required in fuch compofitions :' and we article and object as above.' Litui-y defamed Sir^ J ^j^^ charged lu this article with de- faming the jrublick liturgy of the eilablilhed church. De- faining the liturgy I defaming. Sir, is a harfli word a very harlh woi'd, and ought to have been well conlider- ed before it had been applied to any obl'ervation, which tiieauihour of Peace and Union makes ujion the liturgy. I w ill beg leave to read the pallage, as it Hands in the original, not in the garbled and mutilated condition in A\ I::cli tlie promoter has thought fit to produce it. * The litiirpv (if the church of Engkuui is a conipolition deriv- ed iVo:ii ilie mals-book of Koine, o\'cr wiiich, it it lias iii i'oync rer];eas a mtinifell iu]yjrioritv, it is \"cry tar i, om th.'t Ita.T.Iard of pr.ritv \:\ its arrangement, langu'ige, ' Tiv.-Tc ;\''..-;-i, v\Lie afrcrw.irUs J*Ii\-cicd i;iio "J-.c vitc-t !i ni- c, lie' . liun.i ,. C "7 ] or doctrine, which is required from fuch compofitions.* Is then the liturgy a divine or a human compofition? It' it is a divine compofition, to uflert that it is the Icait removed from the Itandard of purity, would be certain- ly defamation ; but if we allow it to be human, it cer- tainly cannot be defamation to affirm, that it may, nay, by archbiihops aiid Sir, that it mull be impcrfed. Is the au- a lub-promotev. thour of Pcacc and Union then the only peribn who eflecms it imperfect ? Is it not acknowledged to be impcrfecl by the wifeil and brii^^hLclt luni'iiaries of the church ? I appeal to archbiiiiop Sancroft, who, on account of feme imperfeftions in the burial fervice, de- clared, that he could not take upon liimflf the cure of fouls. I appeal to archbidiop Tillotfon, who wilhed the church ^\ cU rid of the athanaiian creed. i might appeal to the prcfent bifliops of London and Ely, w ho, with I'everal of tlieir brethren, the moft refpectable of the clergy, h:.d their meetings, to obtain feme relief in the prefent mode of fubi'cribing to the articles and the book of common prayer. Nay, that it is not defamation to fuppofc the liturgv imperf^'c't, I appeal to oncof tlie fub- projuoter?, to Mr. iVIainwaring, Margaret proreilbur c^f ilivinity, who, not many years ago, rcprimamlcd Dr. Pearce, then fellow of St. John's college, for reading the athanafian creed in the chapel, on one of the appointed days ^. * Here Mr. Mainwarinii; got u;> ir. a p,re;'.t pp.fllon, and cleclarcd, that it \\as an abfolute talleh )oei , that lie diil r.o l"iic!i t'lin;^. Mr. t'lciid turned to tl^.e vlce-ch:uucl!cr, ar.d ofYcrcd to prn\c it, but v.-.iz dcfi etl to ^o on. Mr. FrcnU !.a, hccn firce inioiux-d, that h'j c.'.llcd Dr. Pe;ircc, niafter, -.nlicad of i'ellow, a;:.'. ; '.s riippnlcd, tjic \'\])-::-!^:]:'jiv oi;k ad\ ai'.:a;';f ul'tlii.'; iiiifhikt . iiiu 1);: thi'; a.s ii nil'. ,M:. Ficiid call pr.jducc m^j ot'ilie .iio'> r.- Ipc' -taMc inc;nhL,s ol'lli ,'.:. .:!;;), to aitift, t!ial I):. I'eiKC related tV.i:; hilloiy lo ].,!!!. \\ ;:e:i.i r Dr. I'eare:- llic niilirr of Jvf";'; t( = lk;'e, Iia;; l.rlkd tl . l;'dv N'nr;'. .r.".'':; p'ofeffoiir, o'- iI.l- 1,;,1_\ Mii-;,arci'r; prr.tt-'-'.Mir I-a.; f()r'Mi!U-!i '.''(. I'.ete: odn y of f'i'i:.;.-r da) s, I I^'a\c to ill. !e two rce.cr.ii 1'.: .:). . : j i:\:\'- k. .:.; >^.;; :!.iy plc.le. I'lr,;-- L "8 ] Befefl, pointed out. ThusfiipportedjSir, I fhould be wnrranted in faying, that the authour has advanced nothing in the pafl'age quoted but what is ftriclly true. Let any one ex- amine the book for himfelf, and he will find the beft and fmeft part of the whole fervice not free from that im- perfection, to which all human works are fubjedl. The pfalms, as read in the churches, are miferably defei5live, they are worfe ; they contain fentiments totally re- pugnant to that charitable and humane fpirit, which breathes in every page of the gofpel, and is required of every follower of Chrift. With what horrour muit a fcrious chrilhan revolt from thofe dreadful execrations, which whole congregations unite in utte^-ing with their mouths, while the fentiment, it is to be hoped, is far from their hearts. Let his wife be a widow, fay they, and his children fatherlefs: let the extortioner confume all that he has : and in the fame manner they go on with imprecations, which, if they are pardonable in others, are certainly unbecoming in the devotion of chrillians. The learned may fatisfy themfelves that there is an er- rour in the tranflation: I know it. Sir, the original con- veys no fuch meaning. A jewiih congregation would not think itfelf authorized thus to devote the moft de- praved of their fpecies to the extreme of human wretch- ednefs. Inftances of imperfection might eafily be enumerated, arifmg from various caufes. Some are owing to the language being antiquated. Who would fay, now, pre- vent us, O lord, in all our doinj^s, w lien he meant to pray for fuccoiir or alliflancc ? V,"hy mull the people in their adtlreiTcs to God, be confined lo a language, which, in all otlicr c;^i'cs, would exprefs a i't-wi'c totally di{ferent from t!;eir real inc;inino; ? It is to tlic vA'c ar.d the canacities of coninion cc)!i^;re;j,at!ons, tliat the common prayer iluinki be n(';ij-tec'. Is it right that the 'people in their devotions iliould be kit; to tlic alternative oi praying lor ijiev know i.dt vvIkiv, or oi" i-indinp^ or,t tlifir own meaning by Ciiions oi <. riliciiii^ or aiitient :' loiiarics ? 1 o Kingjm<'ipiiite. To many fimilar defeats in language, we may add others, from the nature of the arrangement, owing to the liturgy having been taken from the mafs- book of Rome, over which indeed the authour of Peace and Union aiferts, that it has a manifeft faperiority. Had he not, however, made fuch a declaration had he laid, that it was only as good as the mafs-book, he would liave had royal authority for fuch an afl'ertion ; and he oould not have been accufed of defamation without im- pugning the fagacity of one of our wifeft monarchs. In the general alTembly at Edmburgh, in 1590, king James, afterwards tlie firit of that name in England, ga\e this as his opinion of our liturgy : ' As for our neigh- bour kirk of England, their fervice is an evil-faid mafs in cngliili ; they want iiotliing of the nials but the liftings.' The fpeaker's opi- But^ Sir, wliatc vcr may be the opinion of crowned heads on tliis litin-gy, 1 make no fcruple of declaring in publick, what I have repeatedly alierted in priv^ate, that the liturgy of England isfuperiour to the liturgies edablilhed by publick authority any where in Europe. 1 have read over many latin, greek, and hebrew liturgies : with them I have compar- ed ours, and it has always been to the advantage of the latter. Not that it fhould be underJlood, that every pan in the englilh liturgy is fuperior to every part in thole already mentioned. It would be abfiird to fuppofe, that the pl'alms, in englifh frequently mil-tranilated, are fu- perior to the originals in the hebrc^\ language, or that thoie i)arts of our lervice, \\hich arc tranilatecl from the greek, are better than tlie fame part:, in the greek litm-- gies ; but, on taking the fes eral liturgies t();>,ether, ar.tl coiiddering their various e\eclle!u ies and (leieci.-,, tlic cngliili recins to lta\ e an e\i(ieiit luperiority. s .t the .luthir', 'J'hat it w as ncit the authonr's intention to cleluuic: tiic huii'i'^y, 1.. clcL^r, troni lu> o ,vn C '20 J own words in the fame page. Does he not point out a mode of" impi oving it, by advifing that commifTioners of the enghfli church fliould revife the book of prayers, and propofe a form better fuited to the prefent times. Would lie have faid, better fuited to the prefent tin.ies^ if he meant to defame ? Would he not have faid that it Mas not fit to be ufed in any times ? Again, he fays, that the new liturgy fhould not fuperfede the one in pre- fent ufe ; that no one fliould be forced to adopt it^ but that it fliould be left to the option of each congregation to ufe the old or the new liturgy. Is this, Sir, the lan- guage of defamation ? In recommending improvements to be made in human compofitions, there can be no de- famation, and this circumrtance alone would be fuffi- cient to prove the wickednefs and the malice of the pro- moter, if they were not both apparent in his mode of quoting this obnoxious paifage. Fromoter-scompre- sjj-^ whcn the promotcr read over this article, I naturally turned to the page quoted, and requelted him to point out the pallage which I in vain attempted to difcover. He was content with faying, that it might be found there ; he had left out only a few things from his own inability to under ftand w hat they meant. He did not comjirehend piu'ity of arrangement. Be it lb : Is the promoter's compre- henlion then to be the criterion of fcandal and defama- tion? What writer can be fafc if fubject to the limita- tions of his tafle or intellect ? He has long ago forgotten tliole writings which are intended to refine our tafte at ichool and in this place, or a pallage from a profane ^\riter of antiquity might have informed him, that Cui lecla potcnter crit res Ncc facundiadeferct huiic ncc lucidus ordo. iiou to have be.;n Rejcfting, howcver, as he does, every tl:i"^ that favours of heathen lore, he iii;-ht (till ha\c a\ ailed liinirelf of the aillilance, whicli would \Vould readily. Have been given hiirJHp t' writer well known for tlie^elegance of his difler^RaHl.v I'^at ele- gansformarUm fpeftator, who fits by him as^\-^rbmoter in this bufinefs, would have furnilhed him wrth ^n ex- planation of the pallage, and taught him that purity of arrangement is only another expreflion for lucidus^- ordo *. ^^' promotOT to be in- But the promoter is not only ignorant of dulged, when and , _ i r- i ^here. "^^ nature or arrangement; he conliders purity of language alfo as an inexplicable idea. From the late fpecimens, with which he has favoured the world, we are certainly juftifiable in allowing this point to him in its full extent. Who that has read his late pro- legomena, will impute to him the leaft acquaintance with purity of language ? If he himfelf was alone concerned, he would have a right, without doubt, to rejeft, from every pamphlet, the parts which feem to him unintelli- gible ; but. Sir, when he brings forward an accufation, the cafe is materially altered. Am I to be charged with a crime from his want of comprehenlion .'' Will it be allowed in any court of juftice to bring forward a pad'age, garbled in a manner to fuit the profecuter's defigns, without any regard to the authour's meaning ? Charge invalidated. Sir, I couteud that the promoter, by bringing forward a pafllige in this manner, has rendered his charge futile and ridiculous ; it could not be urged in any court of judice ; and his attempt to prove me guilty .jjgif defamation, falls necellarily to the ground. I requeft that the fourth article may be read. Here the fourth article was read. < 4th, Alfo, We article and obiecT: to you the aforefaid William I'rend, That in a paragraph, contained in pages Sec Mr. Main-^'arinc's DiflcrtaUon prefixed lo l.is fermon"!. Tv ihirir- [ 1Z ] thirty-fix, thirty-feven, and thirty -eight, of the afore- laid book or pamphlet, beginning at the, words, * The fame paflions,' and ending with the words, ' epifcopal convocations,' you affirm that the public worfhip of the great body of chrillians is idolatrous ; including in this charge the members of the church of England, as evi- dently appears from the context: and we article and objedl as above.' Promoter reads Gil In the former article. Sir, I was accufed of defamation : a more heinous offence is now alledged againft me ; that of calling the worlhip of the church of England idolatrous. On reading over this charge, I referred to the part of the book on which it is grounded, but after a very exaft fcrutiny, could not find^ to my furprize, the term idolatrous mentioned. Recol- leding, however, the character of the promoter, and con-' fidering the nature of the books with which he refrefhes himfelf after his feverer fludies, I difcovered atlart what had led him to infert this among his other articles. The promoter. Sir, can now and then in private relax his fea- tures, and he is particularly delighted with a celebrated work, with which we are well acquainted the Memoirs of Gil Bias de Santillane. Meditating one day on this profecution, he was refolved to imitate the facetious hero of thefe memoirs, and to try whether he could not play as good a trick on an unfortunate academick, as the merry fpaniard had done on a wealthy tradefman. Gil Bias, with his companions, dreiled thenifelvesupexaftly like the promoter and the managers, and one of them, acting the part of the promoter, preceded the reff, and knocked at a tradefinan'sdoor it was opened by a boy, who, petrified at the fight of the lioly inquifitours, in a trembling voice anlwcred the promoter's queftions. Doei. your mailer love children? Oh I yes, fays the boy, yes, my mailer is very fond of chikh-en indeed. Write down tliatthis man feduces children \'ov a facrifice at the ]xil- flial lupper. Do you ever cat pork? No, fays tlie l)o\', 1 can't C 1^3 ! J can't fay that we have pork often at our houfe. Write down that they never eat pork, that he is a jew convifl. Pray does your mafter walk very flowly on Saturdays ? Yes, fays the boy, my mafter always walks very flowly indeed. Write down that he fabbatizes, that lie never goes beyond a fabbath day's journey on a Saturday. Borrows one of hi5 Pleafed With this ftory, our promoter called together his brother managers, put the book into their hands, and defired them to read the paflage quoted in the article. Do you lee any thing in this paflage, fays he, to a gentleman, celebrated for his eloquence?* No; I can't fay that I fee any thing, ex- cept fomething about the orgies of Bacchus. Orgies of Bacchus I blafphemous wretch I write down idolatrous. Is there any thing elfe ? Yes, lays a noted civilian-f, here are the rites of the eucharilL Write down immediately, he derides the eucharilt. What elfe is there ? The great body of chriftians, replies a third +. Great body of chrif- tians I that is the church of England ; write down, the church of England is idolatrous. Home went the ma- nagers, in amazement at the fagacity of their learned promoter, and as well pleafed at this dilcovery as the Ipaniardb were with the tradefman's ducatoous. Promoter's ftiame- Sij-^ j^e charge of the promotcr defervcs to be treated m this ludicrous manner, and I Ihouid be content with expoling him thus to your de- rilion, if, by an artifice of his, he did not rather merit vour contem})t than your ridicule. He has quoted the laif fentence of a paragrapli, and endeavoured to fix oa me the charge of compari ig together the orgies of Bac- chus with the rites of tlie eiichurilt, 1 deny the cliarge. No luch comparifon is drawn, nor could it poUibly be drawn. 1 diidain the imputation ol h;!\ ing at auy time re\'ilcd, cither bv wonl or deed, ap.\- act or inltitutiou cf m\' fiviour. Tiie orgies oi BaccIiUb were eoutempti- * Mr. M;ir.rc;i. | D:. Jo.vcit. \ Mr. Bclv. urJ. K -J. bi C ^^4 J ble heathen rites, degrading to human nature : the eu? charift had the fanftion of our faviour's authority, and was calculated to keep in the minds of the early chrifti- ans the greateft event that had ever taken place in the hiftory of mankind. I defpife the one, and I revere the authority of him who inftituted the other. Let the pro- moter continue his daily facrifices to Bacchus, but let him not impute to me any approbation of them, much lefs fufpeft me of making a comparifon which I deteft and abhor. A well known truth, ^[y^ ^hc pafTagc contaius no comparifon j it affirms a truth, a well known truth, authenticated by the hiitory of all ages. The authour, alluding to the ef- fect of prejudice in a late event* difgraceful to this coun- try, properly remarks, that the fame paflions produce on certain minds the fame efteds. It matters not, whether priells affedt to be the difciples of a mader, who taught nothing but love and benevolence, or are the votaries of a religion replete with impurity, if their minds are the fame, and fmiilar occafions offer, the effefts produced will be exactly the fame. This truth need not be infift- ed on here ; it is exemplified in the whole conduct of the ^venty-feven : but, ready as they are to oppofe every truth by which their facerdotal authority is endangered, let them not fuppofe that this is the cafe with every prieft. There are very many refpeftable clergymen who feel no fuch alarms, and could never be prevailed on to unite with the twenty-feven. Why fhould I point out to the promoter the man whole chair he at prefent occupies, the bifliop of LlandafF, who by his conduft and writings, proves evidently, that he is not among the clafs of prieds alluded to? He would not facrifice his religion, or oppofe the pi'ogrefs of truth, for any bafe views whatfoever ; and I could, if neceilary, enumerate many others of the iame I'entirnents, who by their learn- ing and abilities do credit to this univcrlity. Tlic riots at Birjn;a^ha;ij, C ^^5 J roniot's divifwn But, Sir, to leave this point, which has f chriftiam. nothing to do with the charge of calUng the church of England idolatrous, let us conlider th promoter's divifion of chriftians, on which he grounds his opinion that the church of England muft be meant by the authour of Peace and Union. Chriftians, fays he, are evidently divided by the authour into three cbfli^s, the church of England, the diflenters from it, and a cer- tain body of men called unitarians. How contemptibly ridiculous and abfurd this divilion is, muft appear evi- dent to any one w^ho gives himfelf the trouble of reading the paragraph in quellion. Befides, w hat muft we think of a profellour of divinity, who makes a divifion, by which he excludes the church of England from being a unitarian church ? Is the church of England then not an unitarian church? Does he conceive that his church worfhips a pkirality of gotls? For my own part among the various feels of chriltians v.ith which I have been converfant, I know but of one perfon, who has exprefsly denied himfelf to be an unitarian. Church of En&Und Sir, tlic chufch of England will jvive unitarian. r n- i- ^ r ^ c-i Its lanction to no iuch lentnncnt. bhe will claim her right in fpitc of the promoter to the title of unitarian, and whatever nuiy be the I'entiments of dif- ferent feels on the fubject of the divine unity, tlicy will find it difficult to maintain that fhc is not a unitarian church. Does not her firft article exprefsly aflcrt the unity of the godhead? and if there is any credit to be given to language, we muft on her own clairws call her an unitarian church. As a member oi' that church you. Sir, are an unitarian: all who hear me are utiitarians, if they a^^rec with the church in allbrt'.r.g the unity ot' the oodhcaJ. Pr .:ii .!'.."i i.-n-). Kut \\h:!t is th c nt!inbcr of the u'^it.i- "'''"' '-'''" riaiib whether of tl:;- (Iraxh of tno,land, or (;1 the LoJy to w iiich the p-ioniiitcr lus L "6 7 has appropriated this title? Add to them all the dif- fenters and what proportion do they bear to the chrif- tians in Europe? The authour of Peace and Union, talking of the great body of chriftians, fpeaks of a body of men, which has for fourteen hundred years main- tained opinions nearly fubverfive of true chriftianity. Can this be faid of the church of England which has not been three centuries in exiftence? The fuppofition is abi'urd, and the divifion of chriftians, which the promo- ter would introduce, proves only his total ignorance of church hiftory. Nothing about iao- Suppofiug that the church of England atry in t c oo . ^^,^^ involvcd in this remark, and was in- tended by the term, ' the great body of chriftians,' how is it charged with idolatry? Sir, you will be aftonifhed, all who hear me will be aftoniflied, when they are told that there is not in the whole pamphlet a fmgle paflage, in which the terms idolatry or idolatrous occur. How then can the writer honeftly be charged with fixing fuch an epithet on any [et of chriftians? Church of F.naiand But, Sir, whcthcr, by the great body i,ot 1 ,ia roi.!,. ^^ chriftians in the palTage alluded to, we are to underftand the church of England or not, this I will undertake to afl'ert for myfelf, and to atteft in the moft publick manner, that the church of England is not idolatrous. 1 have never called it idolatrc ..s, nor fup- pofed it to be idolatrous. I totally difavow the charge, and in denying it do repeat, of this charge in particu- lar, that it is fall'e, wicked and malicious ''. I requel^ that the fifth article may be read. Here the fifth article was read. * The papifts vvorfliip feveral created bein,:;?, t!-,c fociniaii"; a)-id the cluirch oi'Eiij^land woiniip only one created bcini?. Mr. Fiend difapprovt r, of the wor/liip of rhcfe three parlies, and \voi-(liip^ ouiV the god uiu! fatlier of Jefus Chriil. ',th Article. 5th Article. We article alfo and object to you the aforelaid William Frend, That in the thirty-ninth page of the aforefaid book or pamphlet, you have aflerted, that * eccleliaftical courts, ecclefialUcal ranks and titles are all repugnant to the fpirit of chrillianity :' and we -article and objeft as above.' Promoter omits ec- In this artlcIc I am cliarged with fay- ing that ecclefiaftical courts, ecclcfiaftical ranks and titles are all repugnant to the fpirit of chrilli- anity. On peruling this article and comparing it with the original, the firft thing which flruck me was the omiilion of a certain particular, for w hich I could not at firlt account: eccleliailical drefs is as much objected to in the pamphlet as eccleiiaflical courts and titles. There muit be ibmething, I faid within myfelf, extraordinary in this ; the promoter has certainly his fears that all is not right about his drefs, and that any remarks on this fub- jed muft be injurious to his caiife. At lart I refolved to confult the canons which he has fworn to obey, and I fhall now read to you the feventy-fourth, in which de- cency of apparel is cnjoyncd to minifters. Caiunrf the church. * The truc, aucicnt and flourii'hin.T churchi's of Chrift being ever defirous that their pre- lacie and clergie might be had as well in outward reve- rence as otherwife regarded for the worthincffc of their niiniiterie, did thinke it fit bj/^ a prelcript forme of de- cent and comely apparell to have them knowen to the ])eople, and thereby to receive the honour and elHiini- tioii due to the efpcciall medengers unci miniltcrs of al- :nighty god. Wee tlierefore following their grave judgement, and the ancient cuilome of the cluirch of England, and hoping that in time new iangloncd'c oi :.pparell in lome factious j)erl'ons will die of itielfe, doi' *;onltitiite and appoint, That the archbiflu)p and biihops Ihall no: intermit to ufe the accuiloiucd ajiparcll of th^ir Uet7>j'(jcs. C 8 3 degrees. Likewife all deanes, mafters of colledges^ archdeacons and prebendaries in cathedrall and collegi- ate churches (being priefts or dieacons) dodlors in divi- nities law and phifick, bachellors in divinitie, mafters of arts, and bachellors of law, having any ecclefiaftical living, Ihall ulually weare gownes with ftanding collers and fleeves ftreight at the hands, or wide fleeves, as is ufed in the univerfities, with hoods or tippets of filk or farcenet and fquare caps.' Vice-chanceiier in. Hcrc Mr. Frcnd was interrupted by terrupts. , ^ ^-^^ vicc-chauceller, who faid, furely, Mr^ Trend, you do not think that this will be of ui'e to you in your defence. Certainly not, replied Mr. Trend, and went on reading. ' And that all other rainifters admitted or to be admitted into that funftion, fliall alfo ufually weare the like ap- parell as is aforefaid, except tippets only. Wee doe further in like manner ordaine, that all the faid eccle- liaiHcall perfons above-mentioned fhall ufually weare in their journies, cloakes with fleeves, commonly called priefts cloakes, without gards, welts, long buttons or cuts. And no ecclefiafticall perlbn fhall weare any coife or wrought night-cap, but only plaine night caps ofblacke fdke, latteuor velvet.' vice-chanceiier in- Here the vicc-chanceller interrupted eiriii>ts again. ^^^^ Frend again. What is all this to the purpof'e, it cannot do you any good. Certainly not, certainly not, Mr. Vice-chanceller, replied Mr. trend, and continued reading*. * Mr. Frenti-^-is very avcII perfiuided from his knowledge of the vice-chancclIer, that nothing but a thunderflorm could have done hini any good: but he read this canon to fliew the folly of enforcing nn oW ftatntc, when one of fo much later date was fu openly violated \Yith impunity in the univernty. lu * In all which particulars concernino; the appirell here prefcribed, our nieani:g is r.ot to attribiuc any holinefl'e or fpeciall worthineire to the laid ganiicnts, but for de- cencie, gravitie a:id order, as is before fpccified. In pri- vate houl'cs and in their Itiulies the I'ayd pcrl'ons eccleli- afticall may uCe any comely and Ichollerlike apparell. Provided that it bee not cut or prickt, and that in pub- like they goe not in their doublet and hole without coats or cafl'ocks, and alio that tliey wcare not ai^y light co- loured Hockings. Likewil'e poore beneficed men and curates (not being able to provide themfelves long gownes) may goe in fliort gownes of the falhion aforc- fayd.' Promotfr-s iircfs. Such, Sir, is tile law of the church with refpect to drel's, how well it is obferved by the promoter is too apparent. So far from obeying it, is he n.ot fre- quently on horfeback in contempt of all ecclcliartical dilcipline, without the priells cloak to cover his nakcd- nefs; nay, have we not lecn him liere expoiing himl'elf in defiance of all decency, in his doublet and hole? Are the rub-promoters more attentiNe to their piicilly appa- rell? At this very moment I difcover among them the indecorous ph;tnomcnon of white Hockings!* If, Sir, the promoter can thus delpile the law s of the chiu"ch, it is no wonder that he ihould be fearful of any mention of ecclelialtical drefs: but his conducl derer\'es the I'e- verelt rcprchenlion, and he, who c(HiKl liiulcn^ike fuclx a caule, mull be held up as a fit object i'or derilioa and ridicule. Pr.i:-. .i.;r-s char-..- J (](-, niaiutain, Sir, that tbc charge of the pi'oiuotcT ib laif^'. i li,i\c lle^ tr allert- cil, nor ditl it e\er enltr into my' miud to allc rr, that ccck'l!a;ia ..1 courts and ecclelialiiccil rawk^ a:ul tliks are * \] : . ,!.r.!c''l, the icu di I'l ip'.irail.ir., v. ;r; uj ul'Uiil iu lii'.lu- (ol(j.,retl i'Llli^n: 'c.T.it M'Liic n<)cLii-.;^s. S all C ^30 '] all repugnant to the fpirit of chriflianity. There are fome ranks, titles and courts 'epugnant, and others not repugnant to the fpirit of chri.iianity. The court of inquifition, for inf^ance, is in my opinion of the former fort, wicked and detei\able, and all ecclcliaflical courts formed on the fame principles, deferve the fame epi- thets. Courts, where the judge is determined to con- demn, where he does not: fit to inveffigate, but to har- rafs the accufed by every means lie can polTibly devife. A^ain tiicie are ranks and titles repugnant to the fpirit of chriitianity : that of pope is of this nature, and every tide or ra:ik deriA'ed from him, by w'hich he or his ad- hereit^ cla'in a power over the people not authorized by the laws of the country, or the precepts of the chrillian religion. On the other hand there are ranks, titles and courts, bv no means repugnant to the fpirit of chriftianity. Such for exani])le, v. ere ihc titks of epifcopoi, prefbuteroi, di- aconoi, of .he early chrihians; fiicil their courts for the correclion of morals and the ir-x^Iitlion, if necell'ary, of the puuiihnicnt of excommunication. pn nioier's nicuie VaM. Sir, thc aiithour of Peace and Union no where Piiakes the general propofition laid down by t'-ie j^romotcr, who has taken an uawar- laiitablc liberty in mil'ciuoting and milreprefenting a ra":iige. It is in the rc:.ollcvtion of the court, that, when tirs art'.'de was re;Kl, tlie promotrr ailerred, that the words q.'.ctcd liy him were exactly the fame as a I'en- tci'ce in the book, cxcc;-thig only an oniiuion andanin- Ic tion. To l;e fare i-: ib j^e! feclly jidrifiable to omit and i.iic.-L at p!: ;dV.rc, Init i\:ch liliCrties, thougli they may (uit tiic p: oiTiOter's pi.rpofc?, totally delh'oy the meainno; r';.'. - :!iu-;r: 1'.' :i;ht.ot a v\rit."r. Sir, l)y tlie lame mode of "' '^ '' ':-a'"l)h:v:'' aiid miililatino- fentenccs the ia- I red I'cr'. turcx, miglit be cpaoted as containing the moil hi'trid C Ml ] horrid hlafphemles, and it v.ould be ealy to con\id" the bible oi atlieilin. la one ]"ait we read this gcaia' \y^'o- poiiiion, there is no ^otl: it ib jioiiaveiv atiii-ncd thai there is no god, but iii.tll we rei^ oar h.'ch i jiou tab ar- ticle? Shall we, like the iironiotcr, ir(iuij,e in o.n.iii^-ns and forget a \ ery material pan of the vcrfc ; it is liic fool who u'es this lariguagc: the fool hatia faid in hit heart, there is no god? Recomir.ends a hai- Again wc rcad iu anotiior iiart of our tr tohimleU. ,.,11 i , ^ bible, that an eiiniiLiu leader ot a laction, having been over-ruled in the cal):'ieL of a rebellious ion, went home and hanged himielf: and in anotlier place it is faid, go thou and do hkewile. Will trie j-ro- mo;er be fatisfied Vv'ith fcriptural aticlu ritv .' S'lali I be authorized in gi\ing him this ativice; Aciiito]-licI w cut lionic and hanged himielf; go tliou and do like wile? The promoter will omit, infert, derange, coiifor.nd, to injure another man; but, \\ hen his o\\ n princ'i'lt.s arc brou^'ht home to himielf, and I'ujiporLed too w itli It rip- tural autliovitv, lie keeps his place with the utmoil tran- qudliry. t-.:ji vi;c-ciKmca!ei in- Hcre ihc \ice-ch;!ncel!cr interpoled. I do not fee how this ar,j,lits to } cn.r cale. M-a-Mii-of thepaf- It applies. Sir, thus; it prows tli:!t tlu- d,;!)ger and uiju'hce ot quoting aiiriuv.-. :;,>. iiripcrfectly and dctacliing ]Kiija^es iro,i! Jic co'nex: i>f r.ny wriiing is i'uch, that l)y tliefe mear.s a::y a;ii!u)ur 3u:;y be reprcftntLci as af-Ttiug ihii;o:. ;ou:!lv' ('i-i'crcni ir(*;a ri.ud ;:l)!ol;iiely conti'arv Co k.i^ e- j.ycf. ai.ti pkiin iii.:i.iing. In tlie inliauce no./ i)i.'fo''c ou liic p^ro::)'.)- ler, 1j\- leading out the v. "I'l', * Ih.iHc ;i.!vl ii.i'criM';:- ilu; v.Diai ' ;.rf,' ha, coux i;j":-.ci ii;;!;! ;;(:Nr.:! ;,:,,! ai:f./!,i;c aii^iio.!, \^ I'.it i:, ()::ly trwc w ;:l';i 1 ci; r.:i,ic\i to ih' cm,;- llkirilS of ['I'J '.^y I '.''.':: '\ I-!-:M.y ill. ilL'!!(^. f.x- iIk: authoiir, hence, namely as it is faid in the preceding paragi'aph, from the people being prevented from inter- -ieriiig in ecclefiaitical concerns, are derived thofe courts, ranks, and titles, which are 'all repugnant to the fpirit of chriftianity. And when did this firit take place? when the love of pre-eminence began to bear fway over the minds ot the clergy, that is, as it is faid in page 36, four- teen hundred years ago. From that time, from the council of Nice, the great body of chridians has been under this delulion; the ckrgy in the greater part of the world think themfclves fuperiour to the people, arrogate to themfelvcs unbounded power, feparate theinielves from the laity, and bind themfelves by vow s to obey a foreign prelate. This is univerfally true of the catho- lick v>orkl, but it is certainly not true in the whole or in part in all protcflant countries. I mud therefore con- clude this article by obfcrving, that ihc promoter, in his ufual way, has mifquoted the authour of Peace and Uni- on, and laid to my charge tlie maintainiug of a general propofition concerning courts, ranks and titles, which I utterly difavow: and by acling in this manner he has given mc another opportunity of Ihewiug, that his chnr^'^cs ao^ainft me are falie, wicked, and malicious. I be^ that the fixth article may be read. Here the fixth article was read. ' 6th Article. We article and objecl: to you the afore- faid William Frend, That you ha\e profanely reviled and ridiculed the m'.)R facrcd oiiices of religion, as en- joir.cd by the churcli of Ep.j;l:iud, and performed by its uiluilicrs, in tlie foaowiiig pall'ige contained in tlie tliirty-ninth and fortitth J) :i;';cs o! the aforclaid book or pa-iphlct, Tb-t i; to lay) ' The hnry, Wkc brute bcalh, jii' i::-;ii 'y u^ocr th;^ ui\u-]xiLio:i ; a man, i!" a jM-ieft or ;;'-; lit ;r c: rcr , is n t mailer c;f his ovv u h.ouiC; lie mwii i.'i' til:':'.!:-. G.d ror th.' blclli'i^^i oi'jiroviLlcntc at hi^ own table; t 133 "J tabic; he cannot pledge his faith to a lovely woman with- out the inteiierence of the prieR ; his oH'sprir.g mud be fprinkled by iacred hands, and at death he is not com- mitted to his lonir home without another incantation. * Thefe I'uperftitious prejudices are, without doubt, highly bcneticial to the intcrelt of the clerical comnm- nity ; but the morals of neither party are confulted. The laity are apt to imagine that there are fome pradices in which they may be indulged w ithoiit any imputation on their chriitian charader; and the gentleman in black is iuppoled to put on a particular let of features and behaviour with his clothco:' and we article as above.' An ncciifa lion with. Jn this article I am acculed of having cut luni crt. , -ii i-i'iii -> protancly revued and ridiculed the molt facred offices of the church, and from the peculiar em- phalis w itli which the promoter repeated from the pamph- let the p:il!a;;c on which this charge was founded, it was eafv 10 fee that here lay the chief ilrength of the accula- tioa ; and it was naturally to be expected that he il.ould lupport tliis a.Vertion w ith a clcaniefs and force oi argu- ment pniportioiicd to the lli'efs which he laid itjxjii it. But, behold, inllead o'' proving or attemptii-g to p"ovc a lingle i\ liable in tlie article, he fairly dcfertcd tiie point, ami Ici'c to the court to make out what he felt it iinpoll'.blc to pro\ e. Tluis were my judges converted into aciulcrs, ai.d I v,:is left witliout knowiug in what manner or to v. liat I liio dd rejily. Thei-nniott-r.ii.anu. \ might iiuiecd imitate 1)-' filence from the fidl \i rlua-'ion, tiiat a reader of the book would find it (Hlliciik 'o d;lco\-er, on \^ Ii.'t jiriuiple ihe promoter has oro.Mided l.i^ a'lcvtion. Surelv it iKcame him to Ikev,, w ': at \v ere thofi- o'Ikcs of the clnirch wliicli he Called iKJt barely hicred, but mult (acred, and uli;.)i 1 am C ^34 J am reprefented as having profanely reviled and ridi- culed. For my own part I never heard, that there was an office prefcribing the mode of thanking god for the blellings of providence at table ; and I never read one in the common book of prayer for iprinkling a man's oft- fpring by facred hands: and, as the promoter has not choieii to I'pecify any office, we may fafely conclude that he labours under fonie errour, and that he has dreamed of an attack on offices which exiit only in his own imagi- nation. Kites ofthe church of ^^t 35 lie has chofcu to accufe me of "^ ^" ' reviling facred offices, it is incumbent on me to confider tw o things, the rites themfelves, and the perlbns by whom the rites are performed. With refpecl to the rites of the church of England, I feel no diiiiculty in delivering niy fentiments upon them, from \N hich it will evidently appear that I could not ^^ifll to revile them. They fecm to me in general very de- cent and folemn, fit to excite among the members of the church devotional fentiments. The fer\ices are drawn np in a ftrain of piety, which w ould do credit to any church, and however exceptionable fome offices may appear to the mod eminent among the digniiied clergy, they do not deferve to be reviled or to be treated w ith ridicule. cier.-^ymen n:t Jn confiderlng thc prc-cmincnce afl'um- '^' * ed by priells as a bui-iy abo\e the laity, tlie authour of Peace and Union has properly called it an ulurpaiion: But do thc iiiiniiters of the englilh church ufurp an authorit\ o\cr t:,c laitv? They per- form offices as miniltcrs of thc (hue, as ier^'ants to the country. Tliey are ap}M)i!;ted to their po'b like otlicr civil officers, acl:nov,lcclGe themfcUes obedient in all things to the hrlt magiftrate, are not a fcparate or^er from from the people, but perform fervices only as they an; cnaded by parliament. Is not this, Sir, the language of tlie pamphlet? and is it not extraordinary that a writer fliould be charged with imputing that to the church of England, which he had exprefsly denied to belong to it? Rites of the church Tlic Contrary of all this is true in the church of Rome, whole rites feem more like heathenilh incantations than the decent fervices of a chriftian community. Let any one compare together the ceremonies ufed in the romiili church at a marriag^e or a burial with the correfponding ones in the church of England, and he will not hefitate to uie the lang-uao-e of the authour of Peace and Union v> ith refpccl to the former, which he would think totally inapplicable to the latter. But the promoter is unfortimately unac- c^uainted with the rites of any cliurch except his own ; and, as he faw an alluiion was made in the englifli lan- guage to matrimony cmd burial, he concluded that the writer nniil neccilarily allude to the ceremonies of his own cliurcii ; not conruiering tliat other countries ufe certain ceremonies on thoic occalions, and that the de- I'cription of them, if applied to his own church, would appear \'Ciy erroneous, if not ridiculous, popithpr-casiifurp- Again, the ])erf()nswho perform thcfc offices in the roiniili church du iii'urp an authority over the j)CO])le, and ilic Iait\ , like brute beads, do lit tamely luidcr tins ulurpiitio.'i. They k.'ep thcm- li 1\ cs ajxir-- from tlie i,)eo])le, and countcnaiice a variety (it prejuciiec!; by v.ay oi encreaiiiig their IpiiitiMl ciomi- iiarit)ii. I'r'jMdk-. i-i f,v^,ur Tlicfe J";i];crfl!tiou.i ]->rciudiccs, the wri- f A cIl;,^) r..,.-.ii'i- /- o 111- ' ; i; , _ tei" 01 reare :;!i(l Union i r's, \-ery ]'r(iiH;i-ly,urc benelJciul lolhc iiiLer.:li- of the clerical coiii- lU'Ujiiy, C ^36 -J intmity, and it is right to obferve that, though all preju-* dice is hurtful, feme are more fo than others, and deferve particularly to be called fuperftitious. The prejudice for example in favour of a clergy is fuperftitious, if founded on fome miftaken notions of a feparate order being fpoken of in the new teftament as more facred than the reft: if the priefts are conceived to approach near'er to the divinity, to have a peculiar charafter of limdlity, and to be entitled to a particular kind of rever- ence, not owing to merit or ability, butto fome gifts be- llowed on them on their entrance into the order. The refpeft paid to minifters in a proteftant community ought to be of a different nature. In England they are conli- dered as employed in certain duties by the ftate, and ac- cording to their behaviour in the performance of thofe duties, they will be refpected or neglecled. Khesof rhechi^rch There ^re no rites. Sir, of the church not re\iled, r -f 1 1 -i 1 1 c add- .cd for the lake of multiplying articles, and of introdu- cing an odious term. For, if the promoter could have proved me guilty of calling the liturgy idolatrous, would he have thought it worth his while, to accufe me of iliy- ing, and that too by a plain perveriion of my meaning, tluit it was very far from the llandard of purity in doc- trine? No! no more than any other promoter, ccclcll- ailicalpr ci\ il, ^4'ould aim at proving one guilty of fomc tju^H i: MI J imall offence, whom he was fure of convicling of the greateit. The proof of this charge is, that the church of England is included, in what is faid of the great body of chriftians in the romifli church, as appears by the con- text, to the pro'i#oter at lea ft, who wiilies to be thought very quick-lighted in the dil'cove-y of herefy and here- ticks. Be it fo ; and is the worfliip of thole churches called idolatrous? No I notexpreflly; How then can xhat of the church of England be fo called, even though it were included in the fame language ? Promoter's abfurd Bm; xh^ promoter, by a very unaccoiyit- diviljon of chriiUans. , , . i <- i i able nniapprthenlion, unleis it may be imputed to a defire of finding fault, fppofes me not to fpeak of four different parties of chriftians, namely, uni- tarian believer?, difl'enters from the eftabliihcd church, and the members of the churches of England and Rome ; biit of the three former only, and by the great body of chriftians, are meant the members of the church of Eng- land and cnglifli diflenters. But who, that is acquainted with the prei'ent ftate of chriftianity, could think of call- ing thofe two parties, the great body of chriftians ; or, on that fuppolition, what can be meant by the-reierence to the church of Rome in the fame page ; or to the ad- monition given to churchmen and difl'enters, at the conclulion of the paragraph quoted in the cliarge ? ' Let churchmen and difl enters examine ierioufly, how far they have deviated from the true fair;i,an(l as rhey reieft many points, eftabliiheJ by the councils of the romiHa church, let thcin exj)ungc c\rry thinp;, w hich, favom'ing of irs leaven, is to he lonnd in jMcIbyitvian lynods, or cpifcopai coiw ocat'ons.' iJ.i-.'r-. n rcrm 'Y'q fr.cuk tlic trutli, llic clirirgc of ic!o- I'.itrv has bn-n tvvi '. .(jur-.itiy hrn.u-jit by one !)uJv of ci:riii:;i:is a'.v"';:ii^ anoil^cr ; all jTotctlants huvci;:.:uJ ii-i i.iia'"rj:i;.i, the wl'.ui"ch uf Rowjc v.i'li ii : and fome r ut J foine diffenters have brought the fame charge tgainft the church of England. For my own part, though what has been faid is fufficient to refute the charge, I muft here declare, that I have frequently exprefled, and do now exprefs a difapprobation of this language, ufed towards the church of England. I fpeak this with greater con- fidence, as, on a conference, in which my opinion was alked with refpe\fl to the ule of this term, as applied to the church of England, I exprefTed, as I do now, m)^ en- tire difapprobation of it, and declared my name muft be withdrawn from the fociety, of which I was then a mem- ber, if that term were permitted to remain in the decla- ration of the fentiments of the fociety. pronwter guilty of Xhc promoter, therefore, is guUty of a falfehood, in afferting that the church of England is called idolatrous in the pamphlet in queftion : and of a wicked calumny, in objefting to me an opinion, which I utterly difavow. Promoter's inc.ir.a- Hj^ alTertion, that by the great body of chriftians were meant the members of the church of England and the difl'enters, is another proof of his inability to underftand a plain fentence in the englifn language. By the great body of chriftians, is evidently meant that body of men, which, for the laft fourteen hundred years, has maintained, as is aderted in page thirty-fix, opinions nearly fubverfive of all true re- ligion. ANSWER to ARTICLE the FIFTH. Thr chancf ;i viie JQ affert that ccclefiailical courts, ec- clefiallical ranks and titles, arc all repug- nant to the fpirit of chriftianity, is both abi'urd, and con- trary to feyeral pafTages and expreitior.s in the bibie. The I M3 -} The v/ords FsttrxjMro*, 'x^KrZvn^ruy ^iaxonoi, commonly tranf- lated biiliops,prie(h,and deacons, are exprelFive of ranks and titles in apoftolical churches j and St. Paul himfelf oX only authorizes, but advifes the fentence of excom- ^nunicution to be pafl'ed upon a delinquent in the church of Corinth. Therefore, fmce my accufer declares me tP have afferted, that eccleliaftical courts, ecclefialtical ranks and titles, ai'e all repugnant to the fpirit of chrif- tianity, he declares me to have afferted a thing coiatrary to that fcripture, wliich I have always profeffed, and do profefs, to make the ground of my belief and conduft j and this his declaration, unlefs fubilantiated by irrefra* gable arguments, can be conlidered only as a vile and malevolent calumny. Now fo far from afferting, that cclcfia{Hcal courts, ecclefiaftical ranks and titles, are all repugnant to the fpirit of chriiiianity, I do here profefa and declare,' that they are both confonant with the i'pirit of chriftianity, and were, and may Hill be highly ufeful inftitutions. iromoter'5 unjuai- Docs the authour of the pamphlet, fay, flible conduct. i i r i i i t> that theie courts, ranks and titles, are all repugnant to the ipirit of chriltianity ? my accufer has in quoting this paflage taken more than one liberty, that" is unjuilifiable. In the firfl place, the irv'ord are is put in, by himfelf. Thepall'age, as quoted by him without this word, is, * ecclelialtical courts, ecclciiaiUcal ranks and titles, all repugnant to the ipiiit of chriilianity.' The accufer julily coniidering within hi:ai'clf,tiiat fuch * pail'age would not fuit his purpofe, put in the word are ; and a change is made, which cannot efcape the aotice of an unprejudiced obfcrver. The ini'ertion of a word is not the only crime, of wlucli this learned dodour 1-. guilty. In the I'econd place, {^erceiving that the fentenc-e' niuit, from the context, appear iihi'urd, unlefs the wnnl hev.cc were re)no\ cd, lie, by bi>ldly lh"iking it out, de- J^<.^\ cd the uIio'l' ;:)t.--*uinj of tlic pallage. Thus, I))' Uielr C M4 ] thefe two changes, I am fuppofed to afiert a thing totally contrary to my own principles. Plain fenfe of the The faft is, that by taking the paflage *** *^^' as it is in the original, the I'enfe is plainy obvious, and correlponding with the paflages preceding and fucceeding. The clergy, i. e. of the great body of chriHians above mentioned, are faid to aft'ecl a fiiperio- rity, and to prevent the interference of the people in ec- clefiafVical concerns. Hence, fays the authour, hence, namely, from this affedation of fuperiority, and from the dertruclion of the jufl rights of the people, have proceed- ed, at different times, and in different countries, courts like thofe of the fpanilh inquifition, and ranks and titles imder the bifhop of Rome, all repugnant to the Ipirit of chriffianity. The pallage, as connected with the context, contains a plain and well-known truth ; but my accufer has made it contain an abfolute falfehood, by the oniif* iion of one word, and the infertion of another. Defendant's opi- I cIo flill farther declare and avow it, as my deliberate opinion, that every church in this and all other countries, is juflified in infti- tuting any court, rank, or title, which it thinks expedient for the better regulation of its religious concerns: pro- vided that it does not interfere with the rights of chrif- tians, and acts according to the rule of the apoftle, Let all things be done decently and in order. I have thus far given myfelf the trouble of confuting the promoter's charge ; but it was xmnceflary for me to do fo, iince the garbled manner in which the paflage is produced, both from omiilion and infertion, have made void the whole of that article, and rendered it incapable of being fubmitted to any judge either in law or eqjiity, ANSWEIi C M5 J ANSWER to ARTICLE the SIXTH. No ficred offices IN this article, I am charged with pro- ^'"'"^ * faning and ridiculing the moll I'acred of- fices of religion, as enjoined by the church of England, and j-erformcd by its minillers ; and it is left to nie to find out, what lacred offices of the church of England are meant, and why they are calLd moi\ lacred. In the firlt fentcncc of the paliage quoted, it is laid, that the laity, like brute hearts, lit tamely under this ufurpation. Surely, to a man not blinded with prejudice and pailion,thislen- tence niuft have been a clue to what follows. Are the laity of England like brute bealts ? Do they fit tamely tinder clerical ufurpation? The authour of Peace and Union has exprefily afl'erted the contrary in page twenty- five ; and engliflmien have certainly got rid of the folly which prevailed in this country three hundred years ago, and will not lit tamely under the vile dominion of any prielL Nor moll facredaiiud- gut it may be faid, that, in the next paflages, the mofl facred offices of the church of England are meant. Let any one read over the liturgy attenti\ely, and point out one office there, relating, either to the thanking of God for the blellings of pro\idence at table, or the iprinkling of pcrfons by lacred hands, and I will anfwer to the cliarge. There arc two offices in it called matrimony and tlie burial of tlie dead, but thefe furely cannot be called the moll fa- cred offices; to which there may fcem a reference in the words, he cannot pledge h.is faith to a lovely v.omaa without the intcrilrence of a prieit, aiul at <:eath he is not committed to his long home w idioiit anoiiicr Ipiritual jnc-.intation. U On I m6 ] Authour well ac- Qii reading over the paflage above- oiiaiiited with the . i t n i i 1 i ,. , -rt mentionccl, 1 iiiould conclude at once, ri;es of the ronufli ' * church. that the authour was well acquainted with the ceremonies of the romilh church. He mentions the term Iprinlding with facred hands, and the burial of a peribn w ith another fpiritual incantation. By uling the word another^ it is evident, that the authour had in his view an incantation, applicable to fome one of the other ceremonies mentioned, and, before he is charged with an improper fenfe in the ufe of that term, it is in- cimibent on the accul'er, to make himlelf well acquaint- ed with the meaning of words, and to beware of appro- priating a fenfe to them which they evidently v;ill not? bear. Meaning of incan- gy incantation is neceffarily meant fome charm uttered by imgmg or chaunting, which was fuppofed to have influence over the devil or other evil Ipirits, or to nle the words of Lord Chief Jultlce Coke (3 Inil:. p. 44.) as quoted by the Lady Mar- garet's profellbur, an inchanter or incantatovir is he or fhe, qui carminibus aut cantilenis da:moncm adjurat; and from reading the liturgies of the church of Rome, and from obferving many of its fervices, I think myfelf juflified in laying, that the word incantation is itriclly applicable to the church of Rome, and totally inappli- cable to the church of England. whtie ufici. Licantation is applicable to the form of words, accompanying the Iprinkling iifcd in catholick countries, and this ceremony is performed in the follow- ing manner. Tlic prielt breathes over the water, and h\b firfl: Exi'iiflio te, innnundidime fpiritus, in nosnii.e tioinini noih'i Jcfu Chrilli. lie then ufes this exorcii'm: l'-xorc;/.o tc, creatnra aqu:v, in nomine Dei patris or.nii- )H)re;'lri:^, l-'l in nomine jeCn Chril'i, filii ejus, ct ipirltn* laucii, ii c;i:<^cl j'h.antafma, ii qi:a virtus inimici, ii (]ui incut'iiu i: M7 ] inciirfio diaboli, eradicare et eft'ugare ab hac creatura aqua:, ut fiat fons aqua: falicntis in vitam eternam. It will not be necefliiry to read the whole office, nor to dc- ilribe the various incantations ul'ed in the confecration of holy water. Incantation is alfo applicable to the burial of the dead in thofe countries, for ^\ ith this inchantcil water the dead body is repeatedly fprinklcd, as is evi- dent from thefe words, taken from a catholick liturov. in which every thing wears the afpect of niagick and ne- cromancy, to ufe the language of Dr. Bentley, rather than of a chriilian rite. CoUocabunt corpus iic indu- tuni, vel fuper nienlam aliquam, vel in terra, loco de- cent!, fuper aliquod ih'agukun aut tapctc, et ad pedes caputve lemper candelam accenfam habebunt: parva item aliqua crux fuper pectus et inter nranus defun(fli ponatur, aut, ubi crux, dclit, manus in moduiii crucis componantur. Sa-pc etiam afpergatur corpus aqtia benc- dicta. In defcribing the procellion to the houl'e of tb,e deceafed, it is ordered to be made prtclata cruce, et af- pcrforio, cum aqua bcnedicta in valculo. The body of the deceafed and bedchamber are to be Iprinkled. In the churcli facerdos accij-jit afpcrlorium de manu miniitri, et afpcrgit corpus defuncli, diacono poll eiun inceulante. The fprinklings, genuflexions, (ignings v. ith a croi's. in- cenfe l^urnings, and various other ceremoiiies, ^iccoiu- panied tlie wliolc time v. ith a particular kind of chaiit, are well known to any pcrl'on, who has tra\el!ed, or made any enqiurics into the reli'vious rites of poi^iiii countries. The iprinkling ot tlic ofi">jM'i.ig, ami tiv.; f'pr.iiirmg of the dead bodv is pcrlonned by a parrirular iiiliniiiieat, v. it'n which v, lieu in catliolitk couinrli>^, I ]ia\c 'v.( n repeatedly (prink'cd niylL-ll : it is caiJcd alpt-r- turiiim ^^. alperiMlluiu. s- , .,) '-.; i;; M -r ];i the pad'at^e cjuotrd, there is TiciLhcr 1^' '' '" "' ' "" ' ])!".)laivitii)n nor ridicule: i.iits aix' plariib; jnd ck'w.riy iiaicd, v.hich take place in b}' lur the ^.McaTv. i' L m8 3 part of the chriftian world. The laity in moft places fit tamely under the abominable and dilgracelui ufurpation of the vileit men under the denomination of prieih. Let the promoter travel through the greater part of Europe, all Aiia, and Africa, where there are chriflians, and the greater part of America, and he may be a witnefs to every practice, mentioned in this obnoxious paOage: but fure- ly, it is unbecoming his character, unbecoming the of- fice, he bears among us, to fl:iew fuch a total ignorance of the ftate of chriftianity in the world, as to I'uppofe, that thof'e fuperllitious practices, which are known to belong to others, can be imputed to his own church, and which not only his own church expreflly reprobates, but with which the accufed perfon cannot be proved to ha\'e ever charged it. superfiitious pre- Tlicfc fuperftitious prejudices, it is faid, judices to whom be- , ii i-ii ^ r i j^p^;^. , are without doubt highly benehcial to the interefts of the clerical community. If this were the cafe in England, the promoter could eafily find out the benefit derived, or fuppofed to be derived by the clergy, from thefe ];ractices; but as he cannot do this, and on the other hand, the benefits derived from thenj by the popiHi clergy, are innumerable, he is convifted again, of giving a meaning to a paflage, which it docs not bear upon a fair conftruction. whofe moraL are The morals of neither party, it is faid, are conl'ulted; certainly they are not in the greater part of the chriiVian world: for, where tlie prielts have the fupcriority, luft, ambition, jiaiTion, inor- dinate dciire, and every other \ice, necell'arily confe- quent to the vows they have taken, and under which they arc fiippofed to live, reign uncontrouled, and tha pco})le of both fexes, by being kept in ignorance, and made fuhfcrvient to the views of the pricils, grow cal- lous to the iinpreilioiis of virtue, ajicl are nutorioub for a ^ieyradaiifn of cliaraclcr, 'J lie 3 ^49 ] wicUiflfe'i opinUw, The |->et^ple, it is faid, tliink theinfelves permitted to indur2,e in theie vices. To prove this, it is neceflary only to make enquiries from any peribns, who have travelled, and they will give fufficicnt j^roofs, that the people do think themlelves authorized to live in the coiiuuiilion of many vices, or at lead, from the faci- lity of absolution, make no icruple of living in the habi- tual indulg,ence of them. This is no new co.iiplaint; Vv^icklille ufed to fay above 400 years, ago ' that he was not fond of applying;, the words, church and churcliriicn, merely to the clergy. As thcle often were men of bad lives, he thought ilich an ajiplication, a vile proftitution of thofe iacred names. BtliJes, it had a bad influence, he thought, upon the laity: Ceeniing to exclude thein from Chriil's church, and to give them a dilpenlation for licci,:;u..s practices. If they were not cf Chrilt's church, they were not under ChrilTs laws. He there- fore would never ha\ e any idea fixed to tlie word churchy but that of die whole body ofchriHiai.s.' tiergvnien not The eentleuiau in black is Uippoled to nirire Iacred than ^ r r r ' 7 ,. , nut on a particular let or teaturcs v, :Lii his 1. liners ot t,u- airuy 1 ' .ii!'. iiavj. cloatlics. It v.ould be endlefs to c^uote paffages from ancient cr modern authours, which dc- I'cribe the itate of the clergy abroad: thc^o^\s, v li'cli tiicy are under, nccellarily place tliem in a difiercnt J.w.- arion from other men, ami from thefe vows, tliey a:c expecTied by the ]>eoplc, w lio knovv- not the nature of our frame, to be lo. 1 have read unicli (ni, and been eye V. iuiefh to their condiul, b.it 'r.c i;r.iit be WA to :;il \c\\\c (!t'!]ia:nc, who either coiii;>ares, ur decj:ires, tlut ib.aAc er.iiipared the clergy e-f hl,u;jj:;iid, with t'-.ol'e on tiie con- ti!ie;ir, w illi a \\*:w oi" liVti'Tontinj^, to tlie ioniier tl e ^;ces and l)r!i;r,ioiir wliirh l-,eIon;; to the latter. \n f'niv'.a-.icl tliey are citi/.eiis, on th;- (.o .'irarv :. broad, iliry ar-- lu.t U)\ a 1,(1 it ! , jito;,' r!y ol);i- . ^ai :i; pa-/' | ^ of tiu' ^aM!j)h- ]r\ in f!UcltJoe, tiu., cuulvl .iic t.u.".Y'^y wl l''ra. ni r !ii\-'^ tiiiaiKtied Aitimitted to become citizens, they might Itill have been in poffeirion of wealth and influence. For my own part I confider, and am authorized by the canons of the church and by acT^s of parhament, in confidering the clergy, like the army and navy, as a political body of men, of fervants to the ftate, whofe head is the fame as the head of the army and navy, the fovereign of thefe realms. As their condudt with refpecl to the inflruflion of the people, and the conducting of the publick worlhip is regulated by the civil power, the body is political, not fpiritual. And, if any one lays here, that the clergy arc not in this predicament, which is a very different one frora that of the romifli clergy, and lliould act upon this opinion, by withdrawing them from the allegiance, due to the king, a:id im])rclling them with notions, that they are a body of men independant of the (late, 1 do not Icrupleto fay, that he betrays his ignoiance of our laws, nd is an enemy to his country. Promoter's mi (Uke. On tlic wliolc theu, it docs not appear, that any facred office, much lefs the molt facred offices of the church of England, are profanely reviled, or ridi- culed, or even alluded to. The promoter was not av.are, that the pailage in queltion, as I have before hinted, is connected with what goes before in page 36. ' For theic lalt fourteen hundred years, the world has been under the influence of two ojMnions, nearly fubverfive of all true religion.' Under the fecond opinion, namely, the love of pre-eminence, come the oblervations, that the jn-omoter has made a part of his charge, forgetting, that the church of Engl-and is not 300 years old, that at the ri ionnation the j)re-cniiiicncc vA' the ecclefiaUical Hate was abdliilicd, that the church o\ Ku'/land deri^ cs its ex- iilenct; and aiilliorit)- from an act of parliament, and iliat i:s cxilh'ncc :;nd luuhority inav in a mouu.-nt be ;'s calily Uikeri in'^ay, ;'s ii w ;;s gi\ca, bv an act (^f parliament. U']:or. oilice. Mr. Frend perliUcd in dciiriiig it to be ])rodiiccci. TJie vice-chan^ * Tl;! . j).ii-!-i- wj -.il urwarci.'; JcUveix.l ii;'j ;ii." vice- rrlJoV C ^5Z J teller on this, faid: I fuppofe, Mr. Frend, it is not very material, you do not wifli to give the regiftrary the trouble of going out of court for it.- Mr. Frend re- plied : Sir, I mufl. I have realbns why I conceive the produclioa of the original' very material. The office is not far oil', and as I feel my felf rather fatigued, this little delay will be fome relief to me. chace not to be Upon this the regiftrary went out of court, and returned in about ten minutes with the original grace-book. Mr. Frend then delired that the grace of 1603 might be read, and after fome paufe the vice-chanceller replied that it was not to be found. Tvlr. Frend rofe and fpoke with fome degree of warmth. No, Sir, it is not to be found. The grace of 1603 is not in thofe books. It is not in the place which could alone give it a Itatutable exillence. This grace, on which fo much has been faid, which is to be held out in terroreni to academicks, appears to be a non entity, a phantom. When brought to the telt it vaniflies into air. i'rc:T^,,rrr left to Surcly, Sir, the promoter mud be loft to ail IciiiC or decency, who could thus trifle N\ ith the court, and charge a man with a variety of crimes againfl a grace, which as a law exifted only in his own imagination. Is not this an inlfance of the molt Icandalous effrontery ? Not content with the ftatute de concionibus, which cannot be brought forv.ard in this court, he was refolved to llicw his Jkill and his malig- nity flill farther, by endca\'ouriiig to condemn me on a iuppoiitious law. Is it not, Sir, unaccountable, that at the end of the eigliteenth century a member of this uni- vcriity, a doctonr in divin'.tv, could thus i\:\r>u lorv/ard at- a promorer in fo nefarious a car.ic? It i* iU)v.- a Inin- dxcJ. and ninety years iince the grace is h'.j^poied to Jiave palled, pafTed, and Vithin that length of time not a fmgle pcrfcn is to be found on record charged with a breach of it. Am I to be the firll peribn to feel the eirecls of a grace, which, if it had ever palled, mult be well known to have been the produce of troubleibme times fvdl of bigotry, and religious infatuation? But it is neccllels to argue longer on this I'ubjecl: the grace is not to be fovuid, it has no legal exilteace, it is not ii. the records of the uni\ erlitv, no proof can be brought of any one fulfcring under its penalties, it is (here the vice-chanceller inter- rupted ?vlr. tVenu by obferving that, though it was not in the grace-book, it was in the vice-chanceller's book: on which 3Mr. Frend changed his difcourfe, and addrell- ed hun thus): Grace in the vice- I thank you, jNIr. Vicc-chancclIer, for hancelier's book. i- , i i -i -r remnulmg me or a cn-cumitarice which I mioht other\\ife have forjoctcn. The o-race iscertainlv t> *J o 7 in the vice-chanceller's book, and from thence it was copied into the book or itatute^. But, Sir, from its be- ino- in the vice-chanccllei 's book it does not follow that it is a grace of the uni\eriiry. On tlie contrary tliere is full and iufficient proof, that, at tlie time \\ hen ihis book was written, there was no proof ot tiie legal exiltencc of the grace. But without attefia- Sir, it IS ul\;::l to attcd that a copv of a *'" grace agrees \\ ith t' e or;^i:;;ii. Cf rl.is you will fw.d in the \ice-cli nccllc s book i;c(]uer;t in- ilances, and ihe regilirary oi tlioic t'iines naturally made ule ot tlie common foriiuilc'. Under i.\c grace ) ou will find this atteiiation, concluding wi:!i tiic v oinii, Ita teiior. The re^idrary h.id been copyiiv; tk.e grace, ii. miglit be from Ibme j)r;nteu hot;;., ar.d ::c)t liaving any (lonbrs of its anthcKticirv wrote down uu: ulual worcib, It. I tc-itor. Thus it remains, Ir ^ tellor. ka le'iorl v. ]'.o tellifies.'' Tlic regillrary uas luo lio;icit u iiUiU to [u t Iii;> X nai!!^.' L ^54 1 name down without an aftual infpeftion of the original; he learched for this original, and not finding it left the g;ace in the vice-chanceller's book in the prefent imper- feft condition. There is indeed Ita teller, but no name or {i-nature follows. As the grace could not be found in thole davs as it is not to be found at prefent as there is no reco.d whatever of any trial under it as it is now a hundretl and ninety years lince it was pali'ed I am relealed entirely from the necellity of givi!ig it any far- ther coniidcratlon. I cann.ot examine whether tlie fup- pof''d crimes of which I am accufed, come luider this fuppofed grace or not ; but I mud leave the court under this con\ Iction, that no man but the prefent promoter could have fo ce;^yra(.td himfelf in the eyes of the uni- veriity, and of all honeil men, as to appear thus in a pub- lick cor.rt, to enforce ^\ hat at bed \\'ov:ld have been con- lidered onlv as an obfolete ifatutc, and is now proved to be of no validity. vca.is of colleges Kaviug thus, Sir, freed myfelf entire- ''^ '"'^ ' ly from one part of this article, I may be exj cycled to examine what can be urged againft me imder the liatULe de conciordbi.s ; but I have already made my objeciiOiis to theaj^j-'ication of this flatute in the prefent court. I ha\e jti otcftcd apainft it as totally contrary to rbf forms of our la\N', and th-' privileges of the xuiivcrfi- ty. T\\r- promoter, fearful that liis tricks fliould be found cut, n {blved to ic^ure mc by a llatute, which differs mat; ririiJy from the grace : biit I ilaiui here. Sir, to be tr.ci'. by lt;e uuvs ni' tlic Lr'i\errrLy. I am not only to dc- fc^ tl n-iyj'^ll, buttiic riglito of cvcy member of the fctiate. I il.iiici here to a iiuIiciU' the uuthovity of ilie hc-.ids of col;< _cs, V, hicu Jvb promoter is ctideavonring tou:u!er- m; ,1 . \ a. gerjllemi^o. I will viiulirate your authority. i CO :t- :(!. rb.it r,o uvin can be tried in this court inider t:r: \- '.xrec'.e '.(^-v. i"';ib;'s. It would be an infidi to vo\i, to aiifwcr a!iy CiUirge hereon tiiis ffatutc. "ion, gen- dcmeii, tlenicn, conjointly with the vice-chanccller, arc in the proper place the judges of e^ery oiFence comnrutcd agaiull it. I fliall always Uand up lor your legal autho- rity, and will iiipport it, whillt tiiis promoter, loll to all lenie of duty and decorum, iniults every one of you. He infults every head of a houle by this contemptuous mode of proceedhig. Not content with treating the univerlity with the utmofl contempt, he aims a blow at the power of its heads. By prefuming to interie. e with the execution of this flatute, he reproaches you witli neoletft in matters, which arc truited folely to your vigi- lance : and, in puri'uing his own ridiculous pin"pofe, lie has no regard for tlic exiilence of laws, nor for cl;c cha- racters of thofc pcrfons, in whom, by our^httutcs, the ex- ecution of them is velteil. Centlenun, if I am ever ac- cufed before you on matters, of which ) on have the ih- tutable cognil'ance, 1 kr,o\v how to fubmit; but I am aa englilhman as well as a mailer of arts of this univerlity, and I do maintain, that every riglit of englilhmeu and academicks has been violated in tins trial. It is necdiefs, iMr.Vicc-chancellcr, to jH'ofecutc iliis fiibjecl iarther. I ihall, in few v.'ords, read my aniw er to ijiis article, to be hereafter fubmittetl to your perufal. Here Mr. Freud read the following paper : D-fr.re of thh ?.r- I now ilattcr mvfclf v. it!i h;i\ ing clk'C- '"''""''' '"^' ' tually dc:i;oriltraLcd, that llie i'c\ eral cliai'gcs brouglit a<_^;'.iuit me, \\ luaher I ai!i I'le authdur ufihc pamplilet or uot, are ci;il)'c!v v.'illiout lor.iit'al'iODs that 1 ha\e not impugned rchgimi as cU.lI)!) Ihed iu il;is ki)ig(K)'!>, i;i)r nil cccieli.'.ilicai raiiLs and il'^'iiiities ; ]ia\-e iioL cUiaiiiid llif litnrgv, i'lil:';! tlie ]v, l>iick wcir!! ip i.lola- l.'ou., iior piMkiHclv '.k tided the iiioii iacrcd hr\ u a"- nf the cliiire!). Aiu! Iji-re I iii'ighl Hip, a ha\ iiig no la.ii- < cm in \^k..il lo ia)\kjr o'.-'i ; ; c.h! to i:;e liv iiie ["I'oiiUi'.c'.", \ . in [ '56 ] in the eighth article, in which he fays, that by the lav,'^ and ftatutes of this univerfity, particularly by the forty- fifth Ihtute, intitled, ' De concionibus :' and by a dectee palFed in the fenate of this univerlity on the ninth day of June, one thouland fix hundred and three, it is ordain- ed and provided, that all and every perfon or perfons impugning religion, as by law ellabliihed within this realm, or impugning eccleliadical ranks and dignities, may and ought to be proceeded againfl, and punifhed by fuipeniion from academical degrees, by expulfion, or by baniihment. Reafonsforthenon- B^it, for the fake of flicwing, that, esilleiice of the grace. , , n r <- i n i ^ though any or ail oi tliele charges mould be thought to remain in full force againil: me, I have not thereby inci;rred any penalty, the infiiftion of which is intrufted to tliis court, I fliall offer fome things on one of the laws fnecified therein, namely, the decree palled in the fenate of the univerfity, in the year 1603, referving what I have to fay on the Itatute de concionibus, till I am called by the vice-chanceller, and the greater part of the heads of colleges, errorem et temeritatem meam revo- care, et pi bliee confiteri ; ar.d difmilT.ug all other laws and i^atutcs, not particularly pointed out, with this ge- nen.l cb!'er\'ation, de noii apparcntibus et non exiftenti- bus eatlcia ci) ratio. The fuppoicd decree of i6or', which is printec from a copy of the llatutcs, formerly kept by the vice-cha::celler, is not extant m the only authentickrepo- fitoi'y ot law, the rc3;i{ler of the univerfity. Nor is this tn be imputed to neglect or accident; the realbn of its not being found there, mull be obvious to any intelligent ]^CA-:\m. It was never ordertil to be inferted there, ns V. as, :',nd is ufual in the cafe 01 (hiruling laws; the ciif- to;n;'.i'y claule in thofe cail^s, ur hoc decretum ^ elhuni, \tl ii;i'c concc'iio velira pro ihituto habeatiu% et in fibris j-rocuratoritm infcribatur, r.ial.cs no part of it : from hcr.cc iliL' inference is obvious, tliat tlic decree, ob'c6i'd bv by the promoter, was merely a temporary refolution, fuited to the prefent emergency, and not intended to operate as a law in future. The i'ame inference may be deduced from the omillion of the wo''ds, deinceps, or, in pofterum : it is faid, 11 quis opjugnaverit, not li quis op- pugnaverit in poilerum ; io tliat, fuppoliug the form it- ielf ever to h^ve pailed the Iciiate, it was certanily never intended, ut pro itatuto in perpetuum habeatur; and, it is, I believe as certain, tliat it has never lince derived an autliority from any publick acl of the univerliiy. An attempt, therefore, to execute it at tlilb time, umit be as unreafonable and unjult, as it v.ould be thought, an hun- dred and hfty years hence, to enforce, what it> called the alien bill, or that concerning traiterous corrcipowdance, when the occalion of palling thole laws was become mere matter oi hillory, and the relative iituatiou of England and France entirely changed. Such a sraco could I am v/arrauted in faying th's, fiippo- , , Imp; the decree ever to ha\ e had an exi t- fi.rccj. o cnvc^ of %\h;ch, I believe, the promoter has no farther cviLlcnce than that of a ]n-i\atc amiiour half a century arter tlac dare of it. But v, ouhl I'ucii evidence be allowed in "Wellminiler Hall, in iavour oi' any h.w, which was not to be foiHid in the rolls of parliaiuent, and of which tliere v, ere no traces in tlic decilions of the courts of law ? i Liliedge yei farther, that if the decree were found in the proper place, and co;uai:rni^>, all the exj re ant ol pov. cr to e...'cnte fin.ii ini' uticvi. Tne I'^b- jc\c riia:t^r u\ \i does luu cr, :;e v. '::'.v.,i tin hmu prek-' li)^d i.i tliat el .;;ii' of (.h.Lc:. ] ,i:/::i';cLir^ iialii'c^, undrr >. 1;\ !i -doiu , ri: > ili':!j ita'uU's \. t rr j\;\iii, ilie p.i',', ;r ot iiKikii:; ad'.l:;:'):,al la'.-. . is \ clt .: :;i 1:;l' l iiale. i i^. , \> iiat .-j;;..^. :iu!i '. t!i'..v f -; c ' a ar:. :\ . (!e (';;;)i:;' naV >; ibiis vciicli.c c j8 :i ecclefiae anglicana:, and a power of making ftatuter, ad eruclitionis amplificationem, etdecori atque honefti con- fervationem ? But this is not all ; it alfo ilUs llatutis de- trahit aut officit, as it gives to the vice-chancellcr alone, a power of puniiliing thole otlences, the punilhnient of which is, by the i\atute, given to him and a majority of the heads jointly ; and as it takes from every member of the univeriity, the privilege of retracting or revoking his errours, by I'ubjecting him ipib facto, to a iufpenfiou of his degrees. The vice-chanceiier In tliis part of my argument, I have the arees wi e a authoritv of tlic vice-chanccller himlelf, who, on a former day, afl'crted, that no grace or decree ot the univeriity ought to be allowed in this court, which was inconfillent v.ith a publick itatute. 1 take the liberty of adding, whether it makes for or againi\ the power of tiie vice-chanceller, that of the other heads of houl'es, or the privilege of a pri\ a;e individual ''. W. FREND. ?>Ir. Frend, having read this paper, addreiTtd the court. Q..ierii as r.r the Thus, Sir, I have endeavoured to re- fute the charges brought apainil me, but before I deliver the papers into your hands and fubmit them to a candid in\citigation, gi\c me leave to addrels riiyfelf to the promoter. Though I have not taken any notice of tlie ilatute de concionibu' , as he has mentioned tlie cafe of ?vlr. Charlie, fellow ot PetL-r-iiovde, \sho in the year IJ72 Vv'as under that liatu'cc deprived of his fel- lo\\llii}>, aiid banilhed from the univeriity, and it h.as been ur;,vcd as a precedent for inriiiiing ilie iame pun.ilii- i;icrit npon inc, I will take occaf'on ironi hence to aJk the prornoLcr, bclore v. e jKU't, a itw c.ucl'ion.s. * Tl. is r;ipcr %\ ,i i aflCi'wui us cii^livLiCil into ll;c li;U'.d:: ;cc-c!;:;::(.v-ik:-. \Vm L ^59 1 Was Mr. Charke cited into the vice-chanceller's couft, to anl'wer for his condud: ? Who was the promoter of thofe days? Was any near relation or intimate friend cited to ap*- }>ear againit him? Were any private letters or converfation betrayed for that purpofe? Was anv attempt made to eflablifli the charges by having rccaurfe to diitant publications? Were the minutes of the evidence taken for the infor- mation of the judges put into the hands of the promoter, before they pafFed into the hands of the judges? In a word, had the univerfity the mortification of fee- ing a principal member, in the charaftcr of promoter, facrifice every virtuous feeling to bigotry or rel'entment, to the hope of preferment or the love of perfecution? The twentv-fevcn While tlic promotcr is ruminating on iave no regard lur , ,. ... T -11 C- i i ^ruth. thete queltions, I will. Sir, detani the court only a few moments, in conruicring the nature Oi thefe proi'ecutions. I have been accufed of impugning religion by alTcrting certain propolitions, but, tlirough- out the v, hole courl'e of the proceedings, the promoter has never given hinifelf tlie trouble to enquire a moment into their truth or falichood. This he coniidercd as o\' little iuiportance. It was fufiiciciit for lii'n and v.\c tv.tntv-fc\ (.11, that an op'nion was ruppolod to be ad- Vi'.nccd, whicii, wl)e^h-r true or fdic, contradi.."u'd j. noliou maintained t\> o huncfxtl vcars ago, and was llicrc* fore a proper ul;jcct iur academical auimadvcriion. Ii I 160 3 Ana Jiave formed How difgraceful, Sir, is fuch a condudi aii improper opink/ii -,, ,. . ,. . . , , oftheuniverfity. Thcle mcii milconceive entirely the na- ture and charader of this univerlity. We propofe by our ftudies to inveftigate truth, it is our am- bition to lay it open to the world ; and fliould any one of us in the courfe of his reading fee reafon to alter his for- mer opinions, or fliould he explore any latent truth, we will not on that account hold him up to publick cenfure. We applaud his refearches, we approve of his zeal, we rectify our own notions by his difcoveries, or if he errs 'his errour teaches us to guard againrt Ibmc fallacy, and paves the way for future enquiries. Had the univerfity been always of the lame mind with the twenty-feven, in vain would a Locke have cultivated the powers of his mind: in vain would Newton have fet afide the theories of the ancient philofophy. We mult have been doomed to one beaten round of dry metaphyficks, we mu ft: have plodded in the fame dull courfe, and no one would have dared to follow the bent of his genius, left: the difcovery of truth fliould banifli him from the feats of literature. No, Sir, let it not be fuppofed in the world that our character is degenerated, and that we are of fuch bafe and fervile minds, as to entertain a wilh for the fuppref- fion of li'jeral enquiry. We will continue to exhort each other to cultivate every noble fcience : fome may chufe to explore with Newton the path into new worlds, others are inveftigafing the caufes which retained the human mind fo long in the mazes of heathen mythology, others, by comparing the lyftems of the antients with the dilcoveries of the moderns, may fteer betsveen the principles of Leibnitz anci our immortal philolbpher, and build a theory, which erroneous as it may Iceni, does not want for advocates among the moft intelligent ma- thematicians-'. Why fliould we ftop tliefc men in their , every effort ly advance the ti '.'.ili, il:ey may accelerate ih;irown piefcihunt ? y It appear. ^ f:o;n the proteft, tliat Mr. Kilvington's c\Idcncc h'nly t%-..s oiijcd^d to u;t accomu ol'verucify ; iliul^Qf thq Qilicrtwo, L ^<^5 J The prefent profecution was of a publlck nature : the defendant was not cited for any perfonal offence to him or any other of the prol'ecuters. He had offended the publick at large by his indecent refledlions on the pub- Jickinftiriitluns,he had called the folcmnity of interment a fpiritual incantation, he had charged the worfhip of the church with idolatry, and coupled the holy communion with a bacchanalian revel. The publick therefore was injured and infulted, every man was intererted in pu- niihing the crime ; and the three gentlemen who had borne teftimony in the caufe, ought no more to be rejeft- ed on account of partiality, than any other evidence who felt it a duty to Hand forth and endeavour, as unich as in him lay, to reprefs an evil of fuch a dangerous nature. Under this imprellion, the promoter fuid, that he had afted to the beit of his abilities, and concluded with a compliment tothe vice-chancellcr and the heads, lor their patient attention during the whole of tliis long trial. Mr. Frcnd rofe and obfervcd, that as the promoter had been permitted to digrels from the proper bulinefs of his reply to the relation of a facl \\hich liad not been before the court, he hoped that he might be allowed to make an obfervation alfo on the fame fubjecl. The vice-chanceller anfwered : To be fare. Had I know n what Dr. Kipling had been going to fay, I Ihould have flopped him. Mr.F'rend then related tlic whole of the tranfaiHion with Mr.Mariii, appealing to a letter which Dr.KijiIing had recei\efl from Mr.Marih, and which lie declared iliuuld foon be in ponefJiou of the publick ; concludiiig t!ie wiiule of this puint with obfcrviiig, that it was e\ i- on clifTercnt accounts : and '.lie rca'icr will keen in mind, il'at ilie o jj'i-'tioiis :i' <; founded on t!ic ci\':l law, tiic l.i w (if the court , ri .liicl] ihe p'omoi!.-!, :'nd lii : lurtiicr, the yi-.c-tliaacellcr, Iccincd to hit . c i':.iJ no i,Uf '.tion, i.\ent C ^66 -J dent nothing conciliatory was ever intended: for if it had been, when they found it rejected byMr. Frend merely as it Ihoiild feem for want of authority in the propofer, this authority would have been given to Mr. Marih, and the negotiation would have been refumed. But no fuch thing was done *. As * The copy of the letter which Mr.MarHi wrote to Dr. Kipling, n Monday the 6th of May, is in Mr. Frond's pofTeflion, but as it 5s of confiderable length, a part of it only, containing thofe cir- cumftances, is here inferted, which relate to the point in queftion. * I perfe>5tlY well remembered that I liad called upon you about Two months before, to inquire if no method could be devifed of avertinj!; the evil ^vhich threatened Mr. Frend ; that a converfa- tion took place, the rcfult of which was, that I fliould go to Mr. Frend, and propofc to him to make a concedion, in the hope of having the profecution di opped ; that my inftniclions were, to fay, I had reafon to bciieve that a conceflion would produce the defired efTetT:, but that 1 was not authorized to aliiim it ; thai I went in confequence to Mr. Frend, that I made the propofal agreeably to my inflruAions ; that he refiifed to return an anfwer, on the ground of ray not being authorized to make the propofal, and thai I again called at your houl'c, to report what 1 had don.e. * In anfwer to my rcqiicfl: that I might not be called into coiiir, you faid, if it war; not necefi'.vry, you lliould not do it; but if Mr. Frend rcfufcd to acknowlcge himfclf the author, and proofs of the auiliorHiip were wanting, you fliould then be under a neccflity of calling nie. I replied, that ;).s far a^ I undcrftood the converfatioii wliich had pafTcd in the cvenlug, of my citation, the dcl^gn of iny evidence was mereiy to ilicw that a reconciliation had been pro- pofcd, and that I kr.cv, of nciliing in that tranraolion, which v.ould prove Mr. Frciul to be the author of tlic woi'l: wliic!) was piiblifh.cd in his name. Yon ilicn ga'. c me to underfland, tliat in procurii:!!, mv cvidcace, y,<:, tliat Mr. Frend lifid the f .'iU. wli'jg v. ords : '! I'.e mc;;'.btr: cf rl'.e c'lurth oi' England Iia\e r ^^7 3 As to tlie promoter's maintaining that tlie ecclefialH- cal abules complained of in the pamphlet^ niuft be fup* pofed to belong to the church of England, becaufe the pamphlet is addreil'ed to the adbciated bodies in this kingdom, he will pleale to remember, that all the para- graph from which he quoted, is exprefsly laid, in the bottom of page 41. to be a digreflion w ith which the par- ties addreil'ed have nothing to do. The words are : ' The contending parties, whom we are adth'cUing, will, how- ever, conlider this as a digrellion, and leave to others the care of directing the fpiritual concerns and meliorate ing the religious opinions of mankind.' Icfsreafon to be offended than tlie difTcntcrs, becaufe, in the parallel vsiiich I have drawn between ihcni, the advantage is much in fa- vour of the latter ? * To my reply that I did not recolle>5l having reported from Mr. Frend, the words which you repeated, you dilcovcred, Sir, very visible marks not only of difappoinimcnt, but of anger, and in :t very liauji^hty -.md imperious tone, a io;ic wliich our ref'pcclivc fi- tuations, I think, will not juftify, you threatened me with all the tlan^er of prevarication ; you told me that I lliould loie my cha- riveter, if 1 p-etcndcd to conceal what 1 knew to be fact" that i V. Ui not the ohly wirnefh, who had been tampered witli, in order to conceal evidence \s liielr fhould be broughr to lioh.t, and then lifting up your arm with a menace, wl:ich (cxcufe me, Sir, theex- prcflion) at picfent aj^pears to me ridiculous, you foleinnly and "violently declaitdj tiiat you would not fuifer fuch proccedin.'j';' Mr.Marfh, on the fubjcci: of tamperinj;, remarks with propn w.irmtli : ' 1 alFui-c you, Sir, that uiiki's tlic name of tampering!, be apjilicd to llie attempt, which _\oa y oi;' I'cl i" iiave m;:iic to recall to )ny mind eX)ireilion3, of wliich i have not the i"!:;:; 1 Uli: rec')llec- tiun, a. ufci'i in the m-.mn(.r \\hich you decU'.re, 1 kiiov.' of no at- teir.pt, elll-.er direct or indirect, !u wl-.'.ch llu- term can be up). lied. Wnh llie . Ii;:r;,r that oti.er \s iti'.i.lll.:; Ir.ise becii tampered vilh, I l-.a%e no liij:i:cdiaie ccjnceru : i can only lii_> , that 1 know oi'nti- tliiu'^ (-t' liie kiiiii, ami th'.l 1 belicxe Mr. !'"r< ml i:. a inun<)l'lci>) nuch ]\o:;.-!. -:.i luu in j^h tju..!^jj lo il.... to J':n ii a 1 ale- at:!'..' With C i68 3 With refpecl to the witneffes, it was unnecefTary to add any thing to what had been ftated in his objeftions to them, the grounds of which had not been removed by the promoter, as their inadmifTibility depended on very different circumftances on laws with which it was evi- dent he had tiot given himfelf the trouble to make him- I'elf acquainted. Mr. Frend then gave into the hands of the vice-chan- celler the papers, containing his anfwer to feveral charges which he had read in the couri'e of bis defence, with the requeft that they might not be permitted to pais into the hands of the promoter, or any other perlbns, ex- cept the heads of colleges. The proteft againfl: the vali- dity of the minutes of the evidence he then figned and delivered to the regirtrary. ACT J CURIJE. A.t a court holden on Tuelday, May 28th, between the hours of eleven and one. X HE vice-chancellor informed Mr, "William Frend, that having fully and maturely weighed and con- fidered the charges brought againd him by Dr. Kipling, the evidence, and his defence, he was of opinion, that he the laid William Frend was proved to be the author and publiflier of a pamphlet, inti- tled Peace and Union, recommended to the alibciated bodies of republicans and anti-republicans; and that by writing the aforefaid pamphlet, and publilhing it within the univerfity of Cambridge, he the laid William Frend, had offended againlt the Litter part of the Itatutc de con- ciombiiSj i; >69 3 cionibus,beginning with the words, Prohibemus ne quif- quam, &c. Sec. Then the vice-chancellor, with the aflentof the major part of the heads of colleges, as is liequired by the ftatute, directed Mr. Frend to retraci, and publickly confefs his errour and temerity in the following manner. * I William Frend, mailer of arts, and fellow of Jefus college, in the univerfity of Cambridge, do acknowledge that, by writing a pamphlet, entitled Peace and Union, recommended to the allociated bodies of republican? and anti-republicans, and by publifliing the fame within the univerfity of Cambridge, I have offended againft the lat- ter part of the ftatute de concionibus, as exprefled in the following words ; * Prohibemus ne quifquam in concione aliqua, in loco communi tradlando, in leftionibus publicis, feu aliter publice infra univerlitatem noftram quicquam doceat, tradlet, vel defendat contra religionem feu ejuldem ali- quam partem in regno noftro publica authoritate recep- tam et ilabilitam, aut contra aliquem ftatum authoritatem dignitatem leu gradum vel eccleliafticum vel civilem hu- jus noftri regni vel Angliae vel Hibernian. * I do therefore, by the direction of the vice-chancel- lor, wirli tlie affent of tlie major part of the lieads of col- leges, retract, and publickly confefs my crrour and teme- rity, as the faid ftutute requires.' And the court v/as adjourned to Thurfday next, the 'Oih ii'flant, at nine o'clock; and Mr. Frend was warned i>V the vice-chancellor then to appear, and to read the torin above-\% rluen. " The coiDtiiidaiy bcp;an the builncfs of this day by riudin^T :, |>,,rt of r!ic written defence which Mr. I'rend /, had C^70 ] had delivered to the vice-chanceller on the preceding court day, and addrefling himlelf to Mr. Frend, alked him, whether he wilhed to be heard upon the ftatute de concionibus. Mr. Frend repHed : certainly not. Upon this, the vice-chanceller declared Mr. Frend guilty of a breach of the ftatute de concionibus, as is ftated in the acla curidC, prefacing his order to recant with the follow- ing refolutions, which he read from a written paper." Cambridge, Qiieen's college, May 27, 1793. AT a meeting of the vice-chancellor, and the under- written heads of colleges : It was unanimoully agreed, that William Frend, mailer of arts, and fellow of Jefus college, is proved to be the author and publifher of the pamphlet, entitled Peace and Union, recommended to the aflbciated bodies of republicans and anti-republicans. It was ?\{'o unanimoufly agreed by the laid vice-chan* cellor and heads of colleges, that by writing the aforefaid pamphlet, and publilliing it within the univerfity of Cam- bridge, the laid William Frend has offended againlt the latter part of the flatute de concionibus, beginning with the words, Prohibemus ne quifquam, etc. It is alio unanimoufly agreed by the faid vice-chancel- lor and heads of colleges, that the laid William Frend be directed by the vice-chancellor to rctracl, and publickly confefs his error and temerity in tlie following manner ' . * Wliy -were not tlicfc rcfolutions inrcitcJ w'uli the rcciiitation in tlic atla curhc ? Wrts tlic vicc-c'n.iuccl Icr conlcious that tliclc rcfoUitior.". coiilil only he m;uic in a pri% ate meeting, and that ilie niakin^', oi' tlicin %vo;il(.i jirovc thai lie was adin^ in two diftcicnt t L! H . I s ? Here I 'Tt J <* Here follows the recantation as above, and then fhe lignatures." Ifaac Milner, V. C. J. Barker, John Smith, J, Turner, R. Farmer, Francis Barnes, W,^Co]man, W.Craven, L, Yates, T. PoiUethwait'e. " A copy of the recantation, without any lignatures, or refolutions, was delivered to Mr. Frend, who infiilcd on feeing the paper ligned by the heads, which was deliver- ed to him. He then began to read and obfcrvc upon it the i'econd article of the charge has never been proved againft nic by writing, IIku e olFcnded againlt the Ihitute de concionibus am required to retract: my errour and tenicrity What docs tliat mean ? The vice-chanceller interrupted Mr.Frcnd, who laid, I am reading only that I may underltand it ; and then pro- ceeded in his remarks. The Ihitute reOjiiirts me to rcirart my errour that errour mult be Mrlt pointed out. Th;- vice-chancellerhcre again interrupted ; andMr.Fiendwas again proceeding in Iiis remarks, wlien the vicc-v-b.nr.cel- ler calUd out witli umch vehemence order 1 order I the coiu*t mult not be trifled w ith ;iny longer I ''- F. Sir, I muft confider wlicrhcr I c:ui liibfcribc ihi'< or not. " V. C. Mr. Freud, I will ari(\ver at oner all \(>u :'rc going to lav. If you w iC-i f^v time to ecMiUuer i;, I viU iidiourn the coin-t: :ind I (l<> acc('rdin;;lv adjourn ihis fo-.irt till r.ine o'clock oa Tllir/liiav !ii('rn!ni.v : ar.d 1 warn you to apjicar, and to rt rr;ut in t!.e ui. inner in whi. h von have been dii-ected. It' von ii(';;i((.t lo ap- pear, or rcful'c to rciriui, yoii :iVi\\ ta'ue the crnil<^- ri'eiices, Z V. ' '["hii^ r 172 ] *^ Thus the court was adjourned; and Mr.Frend ap. phed to the regiftrary for a copy of the refolutions agreed to by the vice-chanceller and heads of houfes ; and on his faying, that he had them not, Mr.Frend made the fame application to the vice-chanceller, who promifed that he fhould have them. In the afLernoon a copy of the recan- tation was brought to Mr. Trend, without the refolu- tions ; on which he wrote a note to the regiftrary, iniift- ing on the vice-chanceller's promife, which was fent by him to the vice-chanceller, and in a few hours a copy of the refolutions found their v/ay to Mr.Frend, from Queen's lodge." ACT J CURIJE, At a court holden, &c. on the 3orh day of May, 1793, be-, tween the hours of nine and eleven. IVXR. Frend appeared, and the minutes of the Jaft court were read. Mr. Frend refufed to read the form which was prefented to him to read by the laft court. Mr. Frend delivered into court a paper, in bar of fen- tence, beginning, " Whereas I William Frend am ac- cufed," and ending with the words " fpiritus fancT:i. Amen." The vice-chancellor, with the affent of the major part of the heads of colleges, decreed fentence of baniihment againfl Mr.Frend in the following form ; ^' I Ilaac r ^73 1 I Ifaac Milner, D.D. vice-chancellor of the univer- fity of Cambridge, do decree, declare, and pronounce, that William Freud, nia(\er of arts, and fellow of Jcl'us college, having offended againfl the i\atute de concioni- bus, by writing a pamphlet, Peace and Union, recom- mended to the aflbciated bodies of republicans and anti- republicans; and by publifhing the fame within the uni- verfity of Cambridge, and having refuled to retraift, and confef's his error and temerity, in the manner prcicrib- ed to him by me the vice-chancellor, with the afieut of the major part of the heads of colleges, has incurred the penalty of the ilatute, and that he is therefore baniihed from this univerilty. (Signed) Ifaac iVIilner, V. C. J. Raker, John Smith, J. Turner, R. Fanner, Francis Barnes, W. Colman, W. Craven, L. Yates, T. Poillethwaite. And the court was then diilblved. ' The court having been proclaimed, arid the proceed- ings of the lalf court day read, the \ice-chancellcr ad- drelled Mr.Frend; You liave conficicreJ, IMr. F'/end, this matter, and have now had time to anfwer, whether you will or will not retracl: as directed by tlie court. Mr.Frend, rifmg with a paper in his hand, be-:;;aa to read; ''Mr.Vice-chanceller,thcform,dirctiedtobe rubllrib- cd by Hie, condlts of two parts, of an '' V.C. Crdcrl Mr. I'lciul, 1 lra\e ah-eady hcai'd you five hours in y(M!r defence, and would v.iHin^'ly ir.ivc iicar^l voii for live hours iii(>:-e, if vuu h..d ihofcn U) l])e.t!^ upon 'Jic fi..::'.;U' d^- foacio:iib:!b. '^ F. !rir, [ ^74 : " F. Sir, it is not upon the ftatute de concionibus, that I am going to fpeak now, but " V. C. You muft not read or fpeak any thing now, but fay, whether you will or will not fign thatrecan-^ tation. *' Mr. f'rend attempting again to read from the paper, the vice-chancelier again called out with vehemence- Order ! Sir, Order ! Order ! " F. Aye, Order I Mr.Vice-chanceller. I am for order ; if you are a court of inquifitours, you may lilence me ; but here I muft be heard. *' V. C. You cannot; it is too late. If you do not read this form, we ihall confider it as a refufal to retracl, and proceed accordingly. " F. This paper contains important matter. I afk the opinion of the court upon it. If you will not allow me to read it, will you take it, Sir, and conlider it your- felf? *' V. C. I will. '' jVIr.Frend then delivered the following paper to thq. vice-chanceller : " Mr. \'ice-chanccller, " The form direded to be fubfcribed by me, confif's of two parts of an acknov.lcdocinent that I have olfended again i\ the ftatute de conciojiibiis, and of a retraction, or pubiick confiiihon of my errour and temerity. The for- mrr appears to nic umxalbnablc, tlic latter is unintelli- ^^ib'.e. I chui'e to bcrin v/nh tb.e latter: to retracl, or publitkly confcfs errour or tc;::eritv, mull mean, to re- tracl or i';:bl'.ckly conicfs l'<)'\\c erroneous and raih pofi- t'.on, c" aLbnio;'., that lias bcc-i acb.'anced. But, wliere !i!> p';;:!.":n!i or ai'crtion is i\u':c'.! to iKue been ;ul\"ancc(i, as :r. !ljc p (fcut ^,'iV, it can h:i\ c no meaning at all. It is to r err ad. L ^75 J retraft, or publickly confeis nothing, or to make no re- traction or confeillon. *'Theunreal'onablenefsofreqiiiringmetoackno\vledfre, that I have ottended againil tlie ftatute de concionibus, conlifts in this, that no charge whatever, of having of- fended againl\ the ftatnte, has been brought during the whole courfe of the trial. I have indeed been charged with impugning religion, as by law eltabli{lied, and with impugning all eccleliaitical ranks and dignities. The language of tnefe charges is plainly borrowed from the decree, fuppofed to have been palled in the year 1603 : li quis oppugnaverit doftrinam vel difciplinam ecclcfix anglicanit, aie the words of that decree. The language of the llatutc, which murt be deemed ellcntial to any charge defigned to be built upon it, is very diliercnt; it lays, Prohibcmus ne quifquam jniblice infra uni\'crlita- tem noltram quidquam doceattractet vel defendat contra religionem in regno noftro receptam et llabilitam, aut contra aliqueni Itatuni, aucloritatem, dignitatem, vel gradum vel eccleiialticuni vel civilcm. Now, with which of thefc acl:s have I been charged ? and they are the only ones, v. hich the liatute makes crin.-iial. " In an acl of parliament palibd loon after the revolution, it is enacted, tliat if any perfon, having been educated in, or at any time ha\ ing made publick jirofeliion of the chriltian religion, \\ithin this realm, iiiall, b\ v.ritiii^, printing, teaching, or ;.d\ifcd ijicakin:';, clfny :i!i)- one of the perlbns in the hol3' trinltv to bcj'od., \\c lh:;!l incurr certain penalLies, Jkit, Wv^i'ld ;i cliai'[/^e of !;a\'iM(y im- [ ugned the cocivine oi' t::c iririty, vhiouyji pcrluij-s an olfcnce agaL'ilt (oiiic '^;'''>.c:" '::'.' , ijc i\ -uiy thiiVjc (;.!::. -in!'-, e::;:.ri)\- ^^ : .;nii', ])rinti!ii?:, tt.iv:inng, or ud'i'cri i;.c;tkin'^, (U nicti Lhat t'oc: ritie. li noi, tlicn, lor ihij h.:::c- re .:'.]:, ;'n , ch-i:" - f, Iwi nh:;^'.; a .' .in.: me, oi Luvin^ 'j'Liiucu .:;;jaial' !(.;.;;. u::..: lup^.'^f^'J i.i .., cannot bf C ^76 -J be confidered as a charge of having oiFended againft the particular Itatute de concionibus. " The vice-chaucelier having received the paper, and confulted Ibnie time with the commillary and the heads, came forward, and faid. We all adhere to the form pre- fcribed, and think that there is nothing contained in the; objedion. You liave been convicted of offending againft the flatute : the ftatute has left to the court to diredl the form of recantation ; this we have given you ; and you mult now only anfwer^ whether you will or will not fubmit. *' F. I expelled that the errours which I am to recant would be pointed out. " V. C. The crrour is, that you have offended the ftatute. " F. I declare, upon the honour of a gentleman, and the credit of a fcholar, that neither my friends, nor I, can underltand the form. " V. C. I will hear no more. " F. Am I then to fubfcribe this as my recantation ? V. C. You are. *' F. Then I would (boner cut off this hand than fign the paper. " Upon this the v Ice-clinncellcrand the heads employed themfelves in figning the icntence, which had been })i-e- P'lred and brougln into court ; and Mr. Frend, after a minute's paufe, addrcITcJ the vice-chanceller : *' A'lay I {'icnver this paper into tlie court, in bar of feutence ? " V. C. Ycv. c.mnot, X. Sir, C ^77 1 ^' F. Sir, I appeal to the commiflarj'^, w heiher in anv court of jurtice a plea may not be orfered in bar of len- tcnce ? *' Com. Sentence is not yet pronounced. " F. It is to prevent lentence that I offer this plea. " Having faid this, Mr.Frend laid his plea on the re- gil\rary's table. *' Whereas I William Frend am ace u fed of having of- fended againft a ftatute of the uni\'erlity,by publifliing a pamphlet, entitled Peace and Union, &c. and at the clofe of the la{t term, the following form ol general ablblu- tion was pronounced by the vice-chanceller's deputy in a publicic congregation : I do hereby plead that abfolution in bar of any further proceedings againft me, on account of the laid publication. " Abl'olutio in fine termini. *'Auctorit:ite nobis commiila^nosabfolvimus vos ab oui- ni levi negligentia, forisfaftione, feu tranfgreffione lla- tutorum priviiegiorum et confuetudinum, et deo et fa- cramentis ecclelije vos reftituimus in nomine dei patris et tilii et fpiritus fancti. Amen. '' The heads having now refumed their feats, Mr. I'VcTid repeated the requeft that his plea might be read. " Vice-chanceller. It cannot. " F. Itmuft. " Com. No paper has been yet received iiuothe court. '' F. iMy requeil is tliat it may be received. " V. C. If you h:id any right, 1 would receive it. " F. I have a right, -j^w^^ ab a member of this uuiver- A . !itv. C 178 ] lity, I infift upon it. I do demand that it may be received and read. " Upon this the vice-chanceller took the paper, and having fiij;htly perufgd it, with the heads, threw it back apain upon the tnble, and read from a written paper an addreis to the audience, the iubiUnce of which is as folr lows. VICE-CHA\XELLER's SPEECH. On his eleclion into the office of vice-chanceller, Dr, Milner faid, that the ill ilate of his health made him ac- quiefce in the determination of the univerlity with much diffidence and anxiety. He forefaw that the remains of his health might be injured by the office, and his mind was agitated with this painful refleftion : that the dignity of the office of vice-chanceller I'ufrcrs, and the dilcipline and general intcreiis of the uni\errity are effentially in- jured through his incapacity. He was in hopes, however, that the peace of tlie uni- \errity would not be dirturbcd : little imagining that lie Ihonld be called upon to animadvert, not upon tlieradi and intemperate Tallies of an inexperienced youth, but upon the premeditated and oflenlive conducl of a gentle- man, wich V. horn, he faid, he had been long acquainted, and for whole talents and attainments he entertained the moil iincere refpecl:. As this event ho\\ever had taken place, nothing re- mained for the vice-chancelkr bur to in\ efHgate the na- ture of the oifence, and the piujiilimcnt ailigned by the laws of the univerlity, and to explain them both in thr9 -J tiftfavOurable to the enforcement of rigid dilcij'line. Produce exifting laws and you are told, that Inch hn\ . ought not to have been made; that they arc a dil'grace to the country ; that they are obfolcte, and, perhaps, that you dare not enforce them. Others admit, witli. more temper and phiulibility, that offences libc the pre- I'ent are highly blameable in themfelvcs, and that, if pu- niflnnents were confined to fuch grofs and nidecent ex- amples, there would be no room for complaint ; but, when vou have once begun to pimiih for the pri)paga- tion of opinions, urifair advantages will be taken; not a iyllable mult then be uttered againft \\ hat is eihiblijlied : there is an end of the cxercife of our facidties in a dil- pallionatc invelbgation of truth. Then the parties cry out perl'ccution 1 tyranny over the confcicnce I no treedoia of dilciilhon ! And thus tb.e clamours oi the ignorant or thfatiectcd, are to be an anfwer to e\ei-y lobcr argument, that can be advanced in favour of the moil i";icicd and \cnerable inlbtutious to be found in thchiilory of Diankiiid. As thcfe claniourr, ;uay have a tendency to d";i\'. away the ibunded mind i'rom the poi:;t in qr.elbon, the fafclt rule is, he obfer\ed, to pay not th-e leail regard either to thole v.ho t ry out tvranny oud pcviccntion, or to tliol'e Vvho cry out licrefy and (edition. With tliele iinprcllions lie entered on tliis un'plc.ilaiit biilintis, conceiving tliat, :!s a bold and indrceiii aitaik had been made upon the nl-gior.s niiirnt''i);:s ol tiiecoun- frv, and the ilatutes of the iniiNerfiiy openly \ lolatcil, tlie \er\ e:.i'.teiK-e of the unix eiiit}' n:ight loon be en- da!:g'.M-eti. 1-. v.;;st!-::e,':c l.::d. :l'.:;t manv ra.lc:, of libellous publiea- tMJ-s v.ei-e Mueii belter treated v. blineglei t and ( oiUtm] I. liul the c.ilc of Mr. Freud xx a -.f a peeuhar iiaturi- : ! ie i. . A a . l^-i^!' perfoaof confiderable ftanding in the univerfity, and we are all of us ready to bear teftimony to his talents and at- tainments. He has been in the moft important fituation of a publick tutour of a college. He refides a good deal among us, and by his ^e^\ and perfeverance,is\vell qua- lified to make impreffions on the unfufpefting minds of youth. Hg is known to have objeftions to the eftablifh- ed doftrines of the church ; and if his defamation of the Iblcmn infhtutions of our religion, and the publick func- tions of the clergy, went unpunifhed, the under-gradu- ates would foon infult the doftrines and ceremonies of the church, believe them to be mere political contriv- ances, and conclude, that we, as well as others, being convinced that they are indefenfible by reafon, are only induced to adhere to them from pufillanimity, or felf- interelL Whilft I was hefitating, (he continued,) whether, as vice-chanceller, I was not called upon ex officio to ani- madvert, in a fummary way, on the authour of this pamphlet, I was releafed from my doubts, by the appli- cations of thirty-four members of the fenate, molt of them of diftinguiihed reptitation, who, without the leall ap- pearance of animolity or ref'entment, profelfmg alfo to be folely influenced by a defire of liiaintaining the ho- nour of the univerfity, requeued the vice-chancellcr tp take cognizance of this offence. Let us hear, therefore, no more of tyranny and perfe- cution on the one hand, nor of hcrel'y and Icdicion on the other, but ferioufly and iolcinnly approach the caufe itielf. A grievous charge is bro\)ght againfl Mr. Frend. I find niyiclf bound to enforce rhc ftatutcs of the univcr- iity. I (io not mean to infmuaLi-, in the flighted degree, that the ^<5th flatute is an unwholclbmc or iinpoliiicl; hn.v : C i8i ] law : I find it in cxiftence, and I am bound to execute it*. Dr. Kipling has pointed out particular ilatutes, which he affirms to have been violated, and therefore, in cale of conviction, the court has no option. The con- vidlion depends on two circumitances. Is Mr. Frcnd the authour and publilher of the pamphlet.'' On this head we have not the leaft embarrariment ; and Dr. Kipling has, we think, produced a great deal of fuperHuous evi- dence -f. Does the pamphlet contain mutter by v.hich the 45th ftatute is violated ? We are all convinced that it does ; and the eloquence of JVIr. Trend has not con- vinced us that the molt oi-enlive paiiligcs do not apply to the church of England, as well as the cluirch of But fuppofing the court to have a difcretionary povv'cr, what could induce them to exevcile it ^ Were not the times, when the pamphlet a-ppeared, molt critical ? Did the authour inculcate the neceliity of ]jcace and good order ? When the national convciition of France had fdlcd up the meafure of their crime's, by murdering the king, and dcdroying all lawful go\ern;ncnt, aad th(.:ir deliberations breathed nothing bv.t atheiiin audanarciiy, * Why docs not the vice-chanceller obferve r'.nd cuiifc to be ob ferved all the othtr ftatutcs v.iiicii arc in cxificiuc, and which, upon his mode of reafouing, he is ccually bound to c;;ccuic ? f Dr. Milner may luive been convinced in liii own ir.ind, hecjiife ^'Il. Fr(,:.d went t'.i;',lit to d<.-tcriniae .M:'y l;y ilic evidence in court : and iiovV rotild U' . Pol'', leiluvuitc be l"an:,l;ed, v.Jlhout l;ea;in,; the evidL-nce i;:i thi:; p:):ni ;' I Surely Dr.!J'.liier lui ,!it h::\c fuisricd liic aiiuicnre on lii's iii'tijcit, by }M-l:i.', )(i;iu' reafon-', for ibr, o^iiiiion. '; V' ::i ; {-, cry rv.r! of tl;e i;a::-.pi ic: the ncL cf.ity of i; r ^8^ 1 Hid he inculcate a refpe(n: for the king and parliament of this country, and for the reformed religion, and the fundions of the clergy as eftabiifhed by law*? In a word, was it not his plain object to teach the degraded laity, that they were litting like brute beafls under an ui'urped authority -f*. In the title page, there flands in great letters, 'Peace and Union,' but my atfefiburs, the heads of colleges, concurred with me in opinion, that the offenlive palfages belonged to the church of England, as V ell as tliatof Rome. Again, the ar.tl:our, the vlcc-chancellcr obfervcd, had not fhcwn tlie llighteit vcdige of contrition, and had mif- takcn, in feveral ways, the proper mode of defence. He has not treated the caul'c with a fuificicnt degree of Icrioulhei's, but expeJlca to make an impreilion on his iudges by Ie;;al qiiibblcs, ilrokcs of wit, and alluiions to novels. He miglu have avow ed the authourfliip, and have faid, this I maintain to be true, that may poihbly Uc defended, but here 1 wifii 1 had flopped. He miglit h;ive boldlv confellcd ar,d defended his principles, and in a manly way have fubmitted to the infliclion of penaltier-, wiaich, according to his Judgment, were arbitrary and unrcafonableT. TIic * [f Milncr wci'C to be fccn nftcn in r^ pulpit, we ini;;Iit r.fl: liini, vIicthi-T in cvci'v I'eri'.iun he f'ollo-acd this plan, nnd why was the .'iutlior.r to inculcate ;i rcfpcct for tlic cftabliilied rcli;;ioii, wh.cn lie is v.cll known to tliiappmse oi' many points in it .' Hut to hcnr ^'ilncr lulk of religion, antl ilic fiinciicjns of l:;c clergy, was I'luh n hurlcfqnc, or, to nfc lii:: (oinnion phi-afc, ' keeping up of the h'.m," as was never before exiubiti d. f- ?o far from it, lie icl'.s iV.c I'copU' ot' Kngland, tHiit llie alllancr lieiwtn I hir.cl! and ftare i~ ;. fiction, w'uch could i;n! he realized i:i liiv; c'v.intrVj w; thout ri'hjcJtin;; ;lic :.'.ie; ici', of il to llic penal- tic; of trcaicn, a.;d tlia; all our ec>. '.ellariit al laws depend on tiif iUl'ii riiy of p.arlianu nt. j (,^.ri:-to rcctius hoc, qiiri:r. triil', i:- ie-c \frfii r.ii;lol..l>uin U iiri ..i.'i, N'onientan iiin\ e neM(it'-';n ! tuFTi iilr. (jiill'qi.c i'tiic! <]Ui.r'(ji:ain ell iniactus c; odit. [ i83 ] The court has been at a lots to comprehend hi what way the continued apphcation ot i'atiricalreniark on the charadler of Dr. Kiphng, and on the rtit of the gentle- men who difapproved of this publication, could be til'e- ful. Can he now fay as the great roman did of old, Si nulla alia in re, modeHia certe et temperando liugu-jc adolefcens fenem vicero ! It was more than once inli- nuated, that the promoter of this caufe could neither read nor fpeak a word of pure latin ^. But iu]:)poiing that the bilhop of Llandatl could permit the nu)il impor- tant profeHourlliip i\t the univerlity tobelo fcandalouily degraded and neglected, as this imputation on Dr, Kipling implies -f, or that calumny could fix itfelf on the charac- ters M-. Frend I'.nes not now fliew the flighted vtftige of contrition. He is well convinced that the \ ic*c-cl;anceller and his cahiil wifhecl ihe caufe t;) be treated in a more ferious manner; but it is to be hoped that all peifecr.tcrs may, in future, be treated in tlie fame manner. At tl;e latter end of the eiglitecnth century, it would be ridiculous in the extreme, to give any k;ntl of importance to a pro- jp.oter, fub-promoicrs, and familiars , theydeferve only to be treat- ed wiiii cor.tempt and ridicule, and to be iield up to th world && Ui i'o: noiliin'j, but to crir.ije balclv for preferment. * For read lie could nnr evidence nor will, Ne tell a written woi'd, ne write a letter, h'e itiake one tittle worfe, ne make one better: Ot'fuch deep learn:ni>; little had he net\l, >. r yet of latin, ne of greek, that breed Diiubtr, moni^ft divines, and difleience oi'u'Kt^. Frnn whericc arl^'e di\ erlity of fccb;, A.u\ hateful iieref'e:. of God al)l!>>i 'd : h'lr tlii', "ood lir did t'ul'.ow tl'.e plain wo'.l, N ' 'i;eciltd v.ilh il'cir con t ri)\eriies vai:'.- All lii'. care w ;:s lii'. fiivite well to fa:';, A'd to )c..d hninilie:: oii liolyday; , V'l'iicii llitt \\a:;d')n'-, h'- mi, 'In attend hi^plsvv. M J I li r r, H I )'.]'.! v. :i's t ALf. 1. ']'^, '. t Man;- ;:ur ', ';e)lui ; Mr. Ivcnd, w ho ciilcM i ;'i ihc iM'eMcd r- fx a 'or ijji- liill: ;;) i;f I. l.r.d.i'l', f ;-i rlunifche. .once'Jicd lor lii- Knaouj r i84 j terscf Dr. Glynn and ProfeHourMalnwaring, of twelve tutours and leclurers, of thirty-fonr members of the fenate, how \,ou]d all this exculpate Mr. Frend ? But not content with this, he has maiatained that their evi- dence on oith ouglit to be rejected. Let us try the truth of this alTertion by a poiiiblc fupjio^ition. Supnofe the whole univerlity in a body had made this application^ would any man fay, that the evidence of every perfon in that body fpeaking on oath, not to the merits of the pamphlet, but to a plain fatl, is to be rejecled ? This would amount to no lefs an abfurdity, than that the very greatnels of the crime might properly become its Ihclter and defence*. honour of the univerfity, that he fliould fnfFer the mofl: impoftant piofefTour/lTip to he fo degraded by his deputy. They lament, that the baidnefs of the promoter's latinity, the infignificancc of his qiicflions, and hi<; total ignorance of logick and theology, have rendered the divinily-fchools contemptible. * The vicc-chanceller's fiippolition is an abfiird one, and docs v.o: in the leafl invalidate Mr. Frend's objee^ion. The objeftion is nrdr by the defendant -before the oath is given, and he cannot know for what ptirpofe the witncfs is called. The qucftion is, \vhti!icr, according to the civil law, one of the party concerned in tlie accufatioii can be a witnefs, and it matters not whetJier the party ciinliils of t wenty-re ven, or all the rncjubers of the fenate. But the vice-chanceller concealed another circumftance: the acl of the twcnty-feven was infamous; they conflituted themfelves an infamou-, cabal of fpies and informers, and, had all the members of tiie feR:tie joined tiicm., tr.e infamy of tlie attion would have bee:i ftil! ;;.reaicr, inafmuch as t^caccufed pcrfon's laft refource is an appeal to the fenate itfeif. What chance would he ha\ e of juftlcc, if 1 is judges mull be taken out of, and chofen by the bodv of r.'-cuf rs? Lefs, if pofiih'.e, ti.an Mr. Freud's was, when it was Avcii kno-.v 11, that in his ctife, t'.ic delegates were nominated by one o(-'tl-.c hc:.d-, '.!.') l'..;d iigncd Lis fcntencc, and inembcrs Vvcrc fcr.t for iVom all ;-ir'.=; to \oie, according to the cxprci'inn of a digr.iiary ot' i!:c t:u:cli, who cimc upon tlii.-, errand, aijainft Mr. Ficml. 1A-. F'tr..!, in tl . -;..:r.:i tiinc, did not interfere ir. tl.c Icafl in this tA ^-.ic.:. Tiic C X85 ] The vice-chanceller now addreTed the junior part of the univerUty. He would not, he laid, animadvert on the noify and tumultuous irregularities of conducl by which the proceedings on fome of the former court days had been interrupted ''. He informed them, that their paffions andaffedionshad been founded upon Ibme vague ideas, tliat the accufed perfoa had been pcrfecuted. It was neceifary to advertife them of their danger, when this country had juft efcaped an alarming crilis, and every attempt to puniih libellous attacks on the conititu- tion and government was called a fpecies of perfecution^ and contrary to the imprefcriptible rights of man. There could be no perfecution, where there was fair ground o^ accufation, and the accufed perfon had had a i'air hear- ing. I feel my i'elf authorifed, laid he, to interrogate yon clolely, whether, being educated from the earlielt infan- cy in the practice of frequenting the church, and reve- rencing her inftitntions, you are now prepared to lay, on reading the ]:)amphlct, thai the accufation of impugn- ing the church was either iVivolous or opprellive. On the fecond point, that the accufed perfon has had a fair trial, I have no anxiety. 1 have no doubt that you will tell your fathers, your guardians, and your friends, thar you never heard or read of a trial, where the accufed perfon had a more full, deliberate, and impartial hear- ing-f . You will tell them alfo, that the only doubt yon could entertain of the propriety of the procecdii^g^ * It i: ^bfolutcly fiilfe that the proceedings were ever intcr- nsptcd ; but men witliout lu;-;;-c ^.i;;s u-\ e lillblc ni'.ii'cles. f Tl'.cre r.c'vcr '.vere feen gi-cavr lull iiices of jnrt'alky in any trial. The obj^aions of 'liie li^. ri-.i'Ii.-.t v.er'/ loni'laiu'y ovei-rubd Y.itho'.it any reafon ufTijMied ; -.vhatc-. cr lduIJ ir.nke in liis favoai' V. a', al.vay, it-jccted ; the at^iil'L-r called iind Mcallrd evidence, and put word', in t!:eir j-nouiii ji.d a', he pK :,l'ed : and if the judi'e \'. ?.:; ()hl:;_ed to let Ilic (iefen;h'.aL l::,\c a i"( ^^ hoers in one day lu hiiiil'elf. if i.T to he r^ c ol K ci; ci, t. at the ,l^tal'.'r had cuiole/ytd ii'- ^' < !; tlie ic ' uuitioa. i^ !- TfMoht [ ^S6 ] might be, whether the judge of this court, through an extreme unwillingnefs to interrupt the accufed pcrfon in his defence, did not carry his patience and forbear- ance to an almoin unwarrantable length : that the univer- fity of Cambridge will not fuller the facred and venera- ble inftitutions of the church to be derided and infulted, and that at a time, when a profane and licentious fpirit of infidelity and irreligion makes rapid advances, and threatens the denrTidtion of our ecclefialHcal fabrick, there were to be found in thefe feminaries, rel'pedlable characters, who could accufe with liberality and deco- rum, and judges who could condemn with firmnefs and moderation -'. The remaining part of my advice to you is fliort but important. Beware of entering into religious contro- vcriies, at this period of your lives. Whatever may be the profcllion you are intended for, improve your under- ifanc'ings by the diligent i)urfuit of academical fludies: obey your tutours : frequent the fervice of god according to the eftablifhed forms, both in your private colleges, and tiie imiverfity church. At prefent, take it for granted, t];;at our forefathers had ibme good reafon for fleac^.ilv adhering to and fupporting thefe venerable in- illtutions. Take it for granted, at prefent, I repeat it, and tho'c whom I perceive to object to thefe words will themfcix es tell \ ou, thnt it lias not been my way to take tl^.ings for granted -f : but it is not your time to become l^ari'.cs in contro^'er^lal matters of religion. * TIic mixki'nt'on oftl'.c jv,cl:.i;c "\vn.': cviclcr.t, wl'.en he vociferated (ivckr I oiik-r ! lo iv ovc ilic (li-en[;t]i rf hii hinv|,s, r.nd inadc more r.'ii'V t!.,'!! tl;c piclii.Ic:U ofa bear p,ari.'.e:i. d-; : bv!t has rot Dr.Milner Ail - ind is tlicie a man in the iriieer a\e himfcM'the t rouble of'iin efl i- himf' ii'ie ofi'eiulcd will) aay oi;c le belie 1 1 d tb.em ? It i '': ! ol-/-l-,C nl, ieal All ! i'^. ; .U'.'S lii:a artif les lie e\ er ; i : e ' :' a' d v.ca 1(1 n.'t 1-, [ ^87 ] It is eafy to guard againft thofc who openly attack your religious principles; but 1 have more appreheniions from thofe who are perpetually talking of caudour, liber- ality of thinking for themfelves, and fuch like topicks, very captivating to the unlufpedting minds of youth. Remember the earneft advice of one, who addrefics you thus, from the pureft motives of good will, whofc; imagination and temper have never been heated wiili religious difputes, whofe pride and ambition have ever been to obtain, in the various branches of ufcfui iVience', folid information for himl'cif and others, and whofe hcakU has been almolt exhaulted with acadeiincal labours ; cf one who addrell'cs you, not with the authority of a vice- chaucellcr, but with the alFcclion of an experienced aca- demick ; of a pcrfon who has never been luipecfcclof being fond of pofl'elling offices or dignities -j- ; who la- mented that the nccellity of this enquiry Ihould ha\ e taken place in the prefent year, but thouglit it hisdui)', when the enquiry was initituted, to go through it wua energy, antl iound it impoilible to acquit Mr. Freud ol ha\ing offended agaiuif the itatute, without facriiiciiig every principle of truth, juitice, and honour. The \ice-chancener then read the fcntcncc, and the court was dillblved. * Then Dr.Milncr, prefidcnt of Qjiccn's colle;!;o, aiul ilc:in of Cai'lillfj doer, noi fupjjol'c (li\iniry to ha\e nny runk timoiiL!; !!u' iifefiii f^icicco: we all believed this t, or let ;m) any o'-^u tl il h .; eoaid keep.-' If it i'; fa'd that he w i il led t o de> 1 ilif ! '.e o'lli'.e of V ]( e-e!K.:;eel U ;-, it ;:, to i>e i eeelle. ! e'i. thai he teulule.id ii a> an oau:,, iiot un ho..,).;;. L ^88 ] Thus ended the proceedings in the vice-chanceller's court. The day after, Mr.Frend waited on die vice- chanceller, to declare hia intentions of appealing to the fenate againrt the fentence of the court ; and on the fol- Jowing day, the proctor inhibited the vice-chanceller, in the ufual form, from putting his fentence into execution. The mode of appeal and inhibition is Aated by the regif- trary in the following words: Queen's College, June i, 1793. Bufmefs of Appeal - between I Before the right worfliipful William Freud, M.A. yifaac Milner, D. D. vice-chan- and Vcellor of the univeriity of Cam- Thos. Kipling, D. D. -'bridge. On which day, at the hour of eleven in the forenoon, the faid William Trend appeared, and ha\ing, in the af- ternoon of yellerday, declared to the vice-chancellor his intention of appealing from a certain definitive fentence pronounced upon him by the laid Ifaac Milner, on the 30th of May laft, did then and there take the oaths dc gia\amine and de non folicitando delegatos. At the fame place, day, and hour, George Hunter, M.A. junior proJlorof the univeriity, appeared, and in- hibited Ifuac jMilucr, D.D. vice-chancellor of the uni- verfity, during the ap]>eal between \v'illiam Frend, party Sppellant, and Thomas Kipling, party appellate, in tlie following words : " Ego Georgius Hunter, procurator alter, noniine academi;e te li'aacum Milner, procanccUa- i uun, iiidicem a quo, inhibco, nc quid, pendente appcl- i.it'onc iuu-v Gidielmum Frend, ct Tiiomam Kipling at- a:n;.:arc ^ e: inuovare prcLTinuas." i\ic prfibnt. G 1 . ( / . U G i I L A S F, , -\' . ',11 .,,-,' "; ; ' P 1- Fulini;!:} C J89 ] Bufmefs of Appeal n between f Before the right worlhipful William FrencljM.A.Viraac Milner, D.D. vice-chan- and Vcellor of the univerliry of Cam- Thos. Kipling, D. D.-^ bridge. On which day, at the hour of twehe, Thomas Kip- ling, D.D. and John Beverley, M.A. his proctor, did ap- pear, and did then and there refpcctivcly take the oatli '' de non fblicitando dclcgatos," in a ccrrain caulc of ap- peal between William Frend, party appellant, and hiia tlie laid Thomas Kipling, party appellate. In the prefence of nic, GEO. ?U):\LASE, Nut- Publ. and Kciiiftr. PROCEEDINGS IN THT COURT of DELEGATES. FIRST COURT. Univcrfity >^ Before the right honourable and of [-right worfliipful ^Villiam Wynne, Cambridge. ^ knight, doftor of Jaw, the worihipful John Hey and John Barlow Scale, refpeclively doctors in divinity, and the worfnipful John Lane and Edward Chrirtian, refpeclively mailers of arts, judges delegates, in a certain caufe of appeal, or complaint, between William Frend, M. A. and fellow of Jei'us college, party appellant, and Thomas Kipling, D.D. party appellate, in the law f'choolsof the laid univcrfity, on Friday the 28th d.:y oi jvjic, 1753, at nine o'clock in the morning. Mc pre font. GEO. BORLASE. Net. Publ. and Rcgiflr. Bulincf.. Bufmefs of Appeal >. The grace of the fenate, 14th between I June, 1793, appomting delegates WiniamFrencl,M.A. Vin this caufe, was read. Alio a and y citation of William Frend, party Thos. Kipling, D.D.^' appellant, and a citation of Tho- mas Kipling, party appellate. And John Beverley, cfquire bedel, was I'worn, who depoied, that he had re- Ipeclively I'erved the faid citations on Mr. Trend and Dr. Kipling, who both appeared. Alfo was read a paper figncd Fiobert Tyrwhitt, pur- porting to be a protell againit the legality of the afore- i'aid grace. Mr. Tyrwhitt was heard in lupport of the proteft ; and the judges delegates, after deliberating on the fame, declared, that they were unanimoiifly of opi- nion, that nothing contained in the protelt ought to pre- vent their fitting to hear this caufe ; and that they were ready to do lb. The regiftrary being {'worn, depofed, that he had look- ed over the minutes, lince they were returned by the promoter of this caufe, in the court below, and that they had not undergone any alteration wliile in the promoter's hands. And the proceedings and evidence had and taken in the court below, were read as far as to the act of court jjtli of May inclulively. And the delegates a(!;ourne(l the ccuri ro a qiuirtcr pail h)ur o'clock in the aitcrnuua uf niis Jav. r;i\AC T L 192 1 GRACE for the APPOINTMENT of DELEGATES. JUDICES delegat: in caufi appellationis inter Guliel- muni Frcnd, A. M. et Thomam Kipling, S.T. P. elecli et dati lunt Gulielmus Wynne, Eques. Dr. J. Hey, Sidn. coll. Dr. Scale, Xti. Tvlr. E. Chriflian, Div. joliannis. Mr. Lane, Coll, P..egin. Placeatvobis ut prx-dicfci viri lintjudices dclegati in pracdictu aj)pelIationis caufa ". SUMMONS from the DELEGATES f . WILLL^M Wynne, knight, doftor of law, Jolm Hey, doctor in divinity, John Barlow Scale, doctor in divinity, Edward Clirillian, mafter of arts, and John Lane, maimer of arts, judges delegates rightly and lawfully conltitu- * The dclc^xares are non-.'natccl V.y tlic two proctors, and the mem- bers of tl.e caput, except the vicc-chanccllcr. The p;race is then read in the houfes like otlier ^.races. In this cafe, the maftcr of St. Jolm'?; bifuij^ht witii hiiu a written lifl, to which the others txteiH two, acccdtJ. f T'le fiimmotis "s infctcd to flie-.v, how rotally i:;norant the c'. I'. :'; ite': wiiv- of tlic rii.in;i'jr of procccdin;'; in an appeal to the Mii . frr:'ii y. By takin:^ '-.pun 1 !ie!nfe]\ es to li.iiim ()!;, it Ihouid ftem t'. ii tk; ic ir "fx.d. [^!i)ii':f' I'nr the ;>.er.cral!y rccei\cd opinion, that t'u / ;L(i^,'..i a \ai'e:y of d'H',;'".ents ar.d inftrv.ction:, frnn: it.e t.k;!, \>'.ir;i 1 id aiTcd '::, 'y^. ^4r. Frcnd. I: w-;s t!i- ir dut) to ->.H-; ;o t;,c ;::;!^ e- !!-;, a -u it .::.'; '.\:<:<\ Mr. Fi ^ nd'^ part, if h' ;.-.<- r..;^ i'. ; > . r.- \ cu' e t i , r

ur J.(.ir'! one thoufiuid fcven luiudi'LJ. and nirit- C c Ali.'.T t '94 1 After the fummons had been read, the following cort* verfation took place. Sir W. Wynne. Are the parties here ? Frend. 1 am the appellant in this caufe. Sir W. Wynne. The delegates are ready to proceed. What is that paper? (to the regiftrary.) Regiftrary. It is a paper which I received from Mr. Tvrwhitt. Sir. W. Wynne. Read it. The rcgiflrary then read as follows : Jcfus college, zoth June, 1793, WHEREAS a grace propofing five delegates wa^ read a fecond time in the non-regent houfe, on Friday lad, and was then lulicred to be taken away by the offi- ciating bedel, without a fcrutiny ; which grace was af- terwards approved by a majority of votes in the other houie : I R.obert Tyrwhitt, a non-regent mafler of arts, do, within ten days, make this open and legal protcltation againrt the laid grace. T. In the firft place, becaule I had not a ftatutable op- portunity of exprclling my diiapprobation of it, either in whole or in part, though I was preient in the houfe at the time it was read. 2. In tl)e fecond pla^e, l)ccaure both, tlie perfons ^\]lo acted as (criitutors, were (iepuiies, and neither of them iworu a-^rccubly to tiie huv of die uiiivcrlity. i\ Oi3 E MT TV 11 Wl IITT. I. Stat. C ^95 3 i. Stat. Vet. i6i. De modo et forma petendi gratias. Stat. Vet. 80. Otiomodo I'crutatores tencntur petere gratias. Stat. Vet. 63. De gratiis petendis. 2. Stat, live gratia. De procuratoribus et Icrutatori- bus deputatis. This writing I received of Mr. Robert Tvrwliitt, on the twentieth day of June, 1793. Mr. Tyrwhitt, at tlie fame time, expreilcd a deiire that the fame nii(;;^ht be recorded. GEORGE 130REASE, rcgidr. Sir W. Wynne. Has Mr. Tyrwhitt any thing to lay iipon this ? Mr. Tyrwhitt. A great deal on all the (hitutes which relate to the duty of fcrutaturs and moderators on palling graces: but I did not think that I Ihould be called ujion luie. I tiioi;ghr another place more proper foi thii. dilcufnon, ar.ci accordirigl) jiropofed my t)bjeCnonbin the fenate. Sir W. Wynne. Do yoti w ilii to ha\c the Ratines re- ferred to read in clie court ? Mr. Tyrv.hitt. If yon think it necellary, I do : hut J defire it may be underihnxi, that it was not on act tnuiL- of this particular cale that 1 oiiiectcd : I llu)uUl ha^edone it on any other m.itter of more liiau ordinary concern. Sir W. Wynne. It muit be at \ our reqncit, if t!u) are reach ^Ir. l\r\vhitt. Then I make it mv rec]iuil, ilir,: tlii.v m;1 ;-e:i,h-.iiee C c z J.i"\ L ^9^ 3 and violence, extremely unworthy of any member of the imiveriity. The ftatute was then read De modo et forma petendi gratias. Item ftatuimns quod procuratores vei eorum alter cum occupante vices alterius feu procuratorum vices occu- pantes quamlibet gratiam petendam privatim fcrutari teneantur et quilibet regens alteri eorum votum expri- Tiiens fecrete ref'pondere pra^monitus per alterum procu- ratorum privatim refpondere teneatur et pro fecreto ha- bere teneantur tarn fcrutator quam fcrutatus: et qui contra hoc ftatutum venerit pacnam de i'ecreta revelantibus in- currat. Nulla etiam gratia conditionctur fed pure con- ccdatur vel ncgetur ncc etiam aliqua gratia cum alia con- currat. Mr. Tyrwhltt. It appears from tliis flatute, that on all occafions the I'crutiny fnould be fccret. The putting in of a non placet at reading actually fubjccls a perfon to a penalty. It is wrong that the omillion of putting in a non placet at the reading of a grace ihoiild be niauo a pretence for depriving any member of hi^ privilege of voting. No perfon is authorized even to tell in what manner he voted. Mr. Lane. What do you mean by j^retence and oniiffion ? Mr.Tyrvvliltr. I mean only to rcprcfeiir the f:u1. The } relent practice of taking three ilcj^s in tlie houl'e is a rcnniant of the original mode prel'cribed by tliC (lature 1)1 v..ul;inp- roinui and aikino; the. xines fc'xir;iab,' and l)ri\:;tely, and fu;>pofes tiiat a icrnrinv Ir.is been a.tnr.lb' rakc}:. (Jn cirjunoa occaiioiis thi:. la.'.y be in'-icii'iit : bni. C ^97 3 but, on fuch an occafion as this, it is an abufe of what even in ordinary cafes is only an indulgence. The ftatute Ouomodo fcrmatores tencntur petcrc o-ra- tias, was then read. Item duodecimo die menfis Oclobris anno millefimo CCCC LXVII*^ in plena congregatione rcgentium et non-regentium Itatutum eft atque ordinaLum quod fcrutatores elecli ardlentur ad petcndiuu gratias et alia negotia univerfitatis exequenda iecunduni fonnam fta- tuti quo arctantur procuratores eademque poena puniendi funt i\ lecundum tormam pra;dicl:i ftatud requiliii id la- cere recufciit. Mr. Tyrwhltt. This fliews that fcrutators and proc- tors are in this refpect bound by the fame law s. The two otiier (latutcs referred to by Mr. Tyrwhitt in his proteil were then read. De gratiis petendis. Statu-.mii^ ct ordinamus quod dc c;rtrro nulla gratia rempus aut tormam concerneus petatur rilli in pi-.j.:!c'.itia cancf-Uarii vice-cancellarii vel pralidentis ct hoc in nova capclLi ct no!i ;i!iii concC(];.tur cr.clufa r-arva r;:pc!la ci- dc'.ii aniic-, M) l'i>) I : in; o ;;, ; 1 ;r."-, :;- t\;'. ct" ;;:.;;, ll i:;:;:.i' i-;!ii. ;.; :.\'J:v- c:. 'o;;!:'!!':! tii-'Oii 's )L:;j*;c'i^' .^' M ';".' :a' 'o \:i" '.'. . .1 c\\-j. aI'u ;a ]-,] ::.i i .,;;- [ ^98 1 gregatione per cancellarium vel ejus locum tenentem nom valeat abfolvi. Et ad hujus ftatuti continuam obfervan- tiam volumus lingulos procuratores ac icrutatores futu- res antequam adraittantur ad eorum officia effe perfonali- terj urates. Gratia 1575. Oiiod jurejurando aftringantiir procurato- res et fcrutatores deputati. Conceditur 6 Mail cum procuratores et fcrutatores fcepe propter negotla fua privata abeUe cogantur a con- gregationibus et aliis publicis muniis academix ut eorum fubPcituti et vicarii jurejurando aftringantur ad bene et fideliter peragendum eorum officium antequam aliquid iupriEmillis pertraclent. Mr. Tyrwhitt. This provides that fubflitutes fhould be i'worn before they acl ; which was not done. Mr. Collier was not fworn before he read the grace. This is the liiitory of the matter. It is the duty of the fcruta- tors and proctors, alter reading any grace in either of tlic houfes, to go and alk every member of that houfe his vote perlbnally. This appears i'rom the bedel's books, from printed books, and every other authority by which the practice of the univeriity is direcled. When I was fcrutator, I took the votes, tliough no non placet had been put in. Court, Is it the ufr.al praciire v.nv: ? \Iv. Tyrwhitt. Xo: not in onliiiary cntc? : it is con- nivi-d Tit. jiiit in extracditiary ctif^, where any oppo- uriciu '::. cxj-.ciTicd, it oni'Iit. to he (i>lL'rvctl. In this rnie ir 'A'::o knov. p. rhat ;;l;(;vc tv,-t":r.v |>';rrons caine into tlic ;!i:verni ;, in c pcaraion tluL ir vviMiId be oppofrcl. Couvt". Did ^ du TrAc the \-.^tc.- p^iiciii^iHy in ;dl cnr*-\- -y^-ncn yt :: ^v::"c icrw.w.^v :" Mr. Tvi'wiiiit. t '99 J Mr. Tyrwhitt. No : not in all. Dr. Hey. In what cafes did you ? Mr. Tyrwhitt. On one grace in particular, which, liad I been only a private member, I certainly fliould have oppofed, but, as an officer, I could not. Dr. Hey. Perhaps the purport of tliat grace was not Very material, Mr. Tyrwhitt. Yes; it was, in my opinion, very ma- terial ; it was a matter which I had long and uniformly endeavoured to correft : it was a mandate decree for the mafter of St. John's college. But I repeat. I did not xpeft to be called upon here to explain the grounds of the protert: it mujt therefore be confldered as a very lliort and imperteft account of the bufmefs. Sir W. Wynne. We jhall not retire to take it into con- fideration, till you have faid all that you chufe. Mr. Tyrwhitt. I will tell you then another inilance, on which it was done. When the prefent vice-chanccl- Jer was a regent malkr of arts, a grace had been read in the non-regent houfe, and pafled without a non placet having been put in. The |)f efent vice-chanceller, and the prefent billiop of Lincoln, were adverfe to it, and wiiiied it to be read again, and put to the vote. They came very improperly into the non-regent houfe, and declared, witli much violence, tliat there w^re pcrfor.s ill the houfe, who wilhed to oppofe it. I remonllratcd upon the indecency of their coming as regents into the non-regent houfe to make their objedlions. However, I Itated it to the houfe, and in confequencc of my repre. lentation, the s'otes were taken. Here the court retired for about fi^e minutes ; and on its return, Sir W. W) nne fiid : Tlie delegates have de- liberated, ar.d unaniuioully determine, that nothing eumuined in Mr. Tyrwhif.'i protelt, or urged Jjy him in L 200 ;j in its fupport, ought to hinder them from proceeding in this caufe ; and they are accordingly ready to proceed. We are ready to hear the appellant. Mr. Frend rofe, and after remarking on the unnfual ftep of being cited by them, read the proper mode of proceeding, as deicribed in the bedel's book. ' The delegates, which, by the ftatute, are ordered to be at leart three in number, and at the moi\ five, pro qualitate caula:, being chdfen, the party goes to each of them, deiiring them to meet in the conliltory, or fome other fit place ; and when they are met together, he pre- fents the grace unto tliem as it palTed in the f enate ; and \vhen they have read it, they acknowledge acceptare in fe onus commiihonis, and declare theml'elves ready and wil- ling to perform the oflice of judges in that caiife,juxta teno- remdelegatiouis. After acceptation made, the party appel- lant, or his proclor, doth dcfire the judges delegate to de- cree partem appcUatam arre'landam fore citra diem eorum arbitrio allignandam, to anfwer unto fuch tilings as the party appellant fhall objeft againli him. If the party appellate will then appear, the cai.fe is declared on both tides, and the pariy appellant hath ailigned him ad proponendum in forma on the next court day, wherein fuch gravanvaia for the which he doth apjieal, nuiil be fpe- cificd. The proceedings afterwards are ordinary, fuch as are in calVs of the firlt inilance. He concluded with faying : I beg leave to Icnov/, \y]\e- thcr this is tlie mode which is to be followed now. Sir W. Vv^ynnc. "We think that the whole proceedings m the ^ :c'>chancel!er's courts fhould be Hrilread. Frend. Shall I make ai:y remarks on theai, as they go en? Sir W. Wynne. As you p]i.afe. Tut we tliink ii betrcr fur :h:', wliule to be vcad firii, and tiien for you i.o take up your exception?*, unlc "s there is ariy pan which you wilh not to be read. The regiftrary then began to read the proceedings in the vice-chancellcr's court ; and when he came to the ar- ticles of acculation, Sir William Wynne directed the quotations by which the rcipeclivc cliargcs were fup- ported, to be read from the pamphlet itl'elf. Frend. They were not read in this place on the trial. Sir W.Wynne. They ought to have been. Frend. With fubmilFion, Sir, to you, I fiiould think it would be better to read them from the pamphlet in the courl'e in which they were produced on the trial. Sir W. Wynne. I have no objcvftions. I am willing that they liiould. Regiflrary reads to the words ^ falfe, wicked, and ma- licious,' jvage 1 6. Frend, In my defence,! oblerved to tlie court, that in denying the v.'hole, I did not mean to deny every parti- cular. I did not deny that I w^as a mafter of arts : I did not fay tliat I v/as not the audiour or publilher : but I gave what, I bclicvCj is ulual in fuch cafes, a general aafwer. Wiicn the regiftrarv began to rcaci the depofition? of the witneflcs, Mr. Frend addrcilcd the com't : You will take notice, gentlemen, that I ga\e into court, and do licie rci)cat my protelt againft the validity ol the evi- dence, the whole ]ia\ ing been vi.iatcvl by the promoter's takiiig it out i)f court; and alio ior particular reafonj -^^ai:iit particular jicrlons. Sir W. Wynne. It will be impolliblc for us to judge, V. ithout hc'jrip'j ii :;11. D d Frend. 1 Frentl. I only meant to fave trouble : if it is of no ufc^ it is only a wafte of time to hear it. Dr. Hey. May it not be as well to confider the proteft now ? Sir W. Wynne. Perhaps it may be better. Will tho regiftrary lay, that the papers, which Dr. Kipling took out of the court, were returned to him exaftly the fame ? Bedell. Is the regiftrary to be fworn ? Sir W. Wymie. I have no objedion to his being- fworn. Frend. 1 would fpare the regiftrary the oath, as I con- ceive it impofiible for any peribn to take it : it is im-r pofiible to prove, or to be certain that the papers have not been altered. Except in the divinity fchools*, I never heard of a proof being called for offuch a nega- tive propofition. Sir W. Wynne. This is a court of juftice, and we think it highly proper: they ought to be proved to bcK the fame. Mr. Frend then repeated the proteftand the cafe of the jury, page 1 15, as a cafe in point. This was denied by Mr. Lane; and a fliort converl'ation followed, in which Mr. Frend maintained, that if not ftrictly in point, it yet concluded a fortiori in favour of his proteft. For if the bare examination of a lingle witnefs out of court, by a fet of uninterefted and unprejudiced men, merely that fce might repeat what he had faid before in court, was * An opponent in the divinity fchools afTertccl, that foinethin* >vas not to be found in the new tcflament : Dr. Kipling, with his Hfual acumen, inliftcd that he fhould prove the aficrtion ; and it wax in vain that the opponent requefted him to point out the paf- fa;;e in which it was to he found. Tuuin eft, faid the learned pn;-. /eiToiirj probarc minore-ai^ yet r *<^3 J fet fufficient to fet afide their verdid : how much more mufl tlie removal of the \n hole evidence affeft its vali- dity, when taken out of court by the promoter hiniieU, and with the exprefs purpofe of directing it in the molt forcible manner to the convi^ffcion of the olfender ? Here the regiftrary repeated the declaration he had made in the vice-chanceller's court, that the papers had lindergone no alteration, and that he was ready to fwear to this. He was accordingly fworn. Sir W.Wynne. Are the papers wliich Dr. Kipling re- turned to you, the fame w liich you gave to him ? Frend. Can you fay that there are no marks, no era- fures, no obliterations, no alterations whatfoever, made by the promoter ? Did you look all the papers over ? Regilh'ary. 1 did look them over, and they have not undergone any alterations while in the promoter's hands. JNIr. Frend now obferved, that having no expectation, that tlie proceedings of the vice-chanccller's court would be thus taken up, he had not brought with liim the copy of the evidence delivered to him by the regiftrary : he dc- lircd therefore permillion of the court, to go to his rooms for them. This being granted, Mr. Frend \\ cut out, and ^Ir. Lambert took the opportunity of going out lor tht: notes which he had taken during tlic v. hole o( tlie triak On their return, the rcadin"; was rciiinicd, and vcw little jirogrel's was made before !Mr, Frend obl'crvcd vlie omillioa of a word in his cojn-. Rcgiflrary. Your copy ;. no: attcllrd by me. Frend. It has not vour n:!nic to it, but it is ii:i a pro- per itamj) ; it is marked as lia\in^ beta exaiuini-d ; it L ^Q4 J oue:ht therefore to be literally exact. If it is not ex- act, for what piirpore was it given to me ? Theregiftrary went on reading; and Mr.Frend, after remarking repeated variations, obferved, that if miftakes of this kind are fo ealily made in copies taken and ex- amined as accurate, it mnft be extremely difficult to fwear to the identity of w^ritings. When the rcgiftrary read the refolutions and figna^ tures, p. 34, S5' ^^i'- trend aflced him, whether they were given to the promoter? Regilirary. Yes; I prefume they went with the other papers ; I cannot be certain. But if they did, they re- turned as they w'ent. On Mr. Lunn's evidence, Mr.Frend obferved, that no notice was taken of the objection and anfw er of the commilfary, p. 42. but that tlie gentleman who aflifted him in takirg the notes of the trial, is ready to f\\ car that he did object. He obfer\ed, at another time, that the depoficionb of each witnels had been tranfcribed all tocrether, without any diftinftion of the diifcrcnt times in which he had been called up ; and that the regillrary was now reading them in fuch a manner, that the dele- gates might conclude it was all one continued tiepolkion. He begj'cd leave to reconnncnd the fame order in read- ing the depositions, as had been follow cd in tlic proceed- ings at the trial. Fvegifli'ary. I cannot fjicnk to tliC order. f^rencL This is another initance of tlie irregularities; ur' this bufincls. On Ml". Plamj>in's evidence, p. .'; i. Mr.Frend oh(er\-- ctl ; Here :^ unuiher omiihon of i)i)]KM-tant mutter. No iivUicc notice is taken of my objection to this man's evidence. I excepted to him on two grounds. Mr. Lambert is ready to atteit it. Mr. Lambert here rofe and offered to make oath of the above, but the court rejeifled his offer ; Sir William Wynne declaring, that they could not attend to any thing not in the regilh'ary's minutes ^\ On Mr. Hodfon's evidence, Mr. Trend obferved, that Mr. ]VIarlh was called in, but the regiih'ary had takeh no notice of that circumifance. This ouglit to be attend- ed to, as it proved the ground of a lerious complaint from Mr. Marlh, of tlie trca.licry whicli had been pradiicj againlf him. He had been proiuiicd, that, if he woe called upon to give evidence, it would nut be with any \'icw of proving the publication : w hcreas on the trial it appeared, tliat he was called upon for tlrat very pu.rpoie. I\lr. Freud then delircd that he might rcadwliatMr. Marlh had laid in court, as it would eilabliih his charge pf malice in the profecuters . The court laid, that as this did not appear on the mi- nutes, it could not come bciore li^cm. On Mr. Alger's evidence, Mr. Frcnd obferved : The court docs v.or ])crluips ice the tc;ideiicy of thcie qucf- tions and auiwcrs. That copy of the pamphlet had been taken oat of court, and ihe comnfJfary hiinfcif hati cx- prelfcJ iiis furprize at it. Several other remarks were macie by Mr. iVcnd im vai'lous \yjvis ot riie i.'ep'.;'::;uns, provii'.g their inaccuracy, aiiil at tlie clofc ot tlw.u he obfcrvcil, that the wiiole ot tlic evidence was too inco;:- cluli-.-e iur die judges toha\e foi-jiiet! any oiMiiioii v.v.cn it; that ihc procccdin>.';^s oFlIiC coiirL li:;*.! been > . y irrc- * \Slic:cd'd S'f \V. W;iiiu' l>:.;r!i ll.is on. Mini.-? An;i;';HMl is !r^a(!e oi. : Minnt ot in-i-MilMslU--, in l!.c- 'ii ini. :.-s, anil, ;u- i-iiin;; to l.im, I'l^ ::.!:: . .inly :i.c !u lie i^-,:a. !hi. uo .n tiot iDi i g-darlv I ^06 J jgularly recorded ; that all that had pafled ought to have been reglftered ; for, as the vice-chanceller took upon himfelf to make the heads concur with him under a law, which required the confentof the majority, and the maf- ter of Trinity, without whom that majority could not have been formed, was abfent feveral days, the proceed- ings fliould have been taken down with accuracy ; other- wife the mafter of Trinity had no opportunity of forming a judgment. Indeed he muft have been totally unac- quainted with the nature of many objee ftated, which you exprelFcd a defire to have inferted ? Mr. Frend. No: he ordered the rcgiftrary to mind \khat he laid, not what I faid. When the regiftrary had finifhed the ada curiae for the thirteentli of May, p. 64, the court was adjourned to quarter part four in tlie afternoon. SECOND COURT. Before the right honourable and right worfliipfuT Wil- liam Wynne, &c. on Friday the 28th day of ]une, 1793, in the afternoon, kc X HE reft of the proceedings and evidence in this caufe were read. And the judges then declared, that the proceedings' with the evidence had and taken in the court below, hav- ing been read and gone through in this court, they the judges now called ou him Mr. Frend to proceed in hi* appeal. Mr. Frend objecled, that a certain paper relative to the lenience in the court below, aiid iigned by tlie heads of colleges, had not been read. The judges e;v.]uircd of the regiitrary for that paper, v^ho docl-.u'cd that it was not goiniiiitted to hii cuitudv . Mi. Frend then declared, tht t 208 1 thnt he conceived he was not, by the ftatiites, ov prac- tice and ui'age of the univerfity"] held to proceed in his appeal till the next court day, particularly by the 48th ftatute, and an interpretation of the fame, dated Qd:* 6, 1596. The judges having confidered the faid rtatute, and the interpretation, were of opinion, that the interpretation had no reference to caufes of appeal ; and again called on Mr. Frend to proceed on his appeal. Mr. Frend de- clared, that he was not yet fully prepared. The judges deliberated; and declared they would hear Mr. Frend to-morrow, immediately after the morning congregation* Mr. Frend objcclcd, that to-morrow being a holy-day, was not a diesjuridicus: but the judges over-ruled this objection. And the court was adjourned accordingly to to-morrow* after the morning congregation. When the regillrary came to the vice-chanceller's de- claration in the acla curias of the 28th of May, p. 168, that he was fatisficd that Mr. Frend was proved to be the au- thour and publiiher of the pamphlet, Mr. Frend obferved that this was very improper: it ought to have been, we the vice-chanccl!cr and heads of college^ are fatisfied. How elfe does it appear, that they were con^inccd? and unlefs they were corivlnced, how could they fign the fub(cq\5cnt rcfolucio-is and fentcnce ? The proceedings of this day arc very impertccijy recorded. I fliould have Ipokcn then on the form of the recantation pro- pokd to he rigncil, but was prevented \ cry abruptly by the \ icc-cluiuceller, w ho adjourned the court very impro- perly, without giving mc an opportunity of being heard. On tlic acla cm-ic of the 30th of May, p. 172, Mr. }'rfi;il (V>i^!-\ til. tlvj.t ]i^ brouolu a nrincr, v.liich \v;'.s not iiilowcd U) be eiiicixJon tlie '.rGCctd''i"js of the court. t:;, f 209 -3 Sir \V. Wynne. Nothing of this appears on the r&- ord. Frend. No, Sir, becaule it was not allowed. As foon as the regiftrary had clofed the reading of the papers, Sir W. Wynne alked for the relohitions at Queen's college, and then addrefl'ed Mr. Frcnd : Wc have heard now all that has palled hitherto, and are ready to hear what yon have to lay. Frend. I obferve. Sir, that you have not yet heart! all; there were certain rciblutions entered into at the vice-chanceller's lodge, which you jufl now leemed to enquire after, but which I did not know that you were aware of. Sir W. Wynne. They are not here; we know no- thing of them ^. Frcnd. I beg that the delegates may know that fuch relolutions n\ ere palled at Oiiten's college. Regiftrarv. There is no copy of thou in court. Frend. There N\as a copy lent to me. The f'entcnc has been read: the relolutions were brought into the vicc-chanceller's court, and Ihould have been read as part of the acta curix. Sir W. Wynne. They are no part of the proceedings fubmittcd to us. Frcnd. 'I'hen I fliall be ready to produce my gravami- na on the next court day. Sir W. Wynne. We are ready to hear them now. I^'reud. It carmut be, I apprehend, on this d:iy. Sir W. WyiUiC. Why nut .-^ I'Vend. }';; aiife it ;.p-, ;':;vs from the licoks by w h'.^h fhe r':':.i ti<, I u.i ;h'.ie oc ;.l;on-. Is i"i> ufacd, tlu^t the <'^r:e>- * Ho-.v fi-i-.c !'':i 'N' . V^ ; ;it I'-.r. ui t:.i;iiirf ..i';;i ilaiii ? I c ;.iice-- r =^^0 J ancesare not to be produced till the next court day. Ifliall read an extract troiU the bedell's book, in proof of my ajrertion. Having ilated that a day is to be appointed for the appearance of tlie party appellate, it gocb on, 'If the party appellate will then appear, the caule is declared on both tides, and the party appellant hath aihgned him ad proponendura in forma on the next court day, wherein fucii gravamina, for the which he doth appeal, muft be fpecified. The proceedings afterwards are ordinary, I'uch as are in caufcs of the firlf initance.' The only queftion now is, when the fecond court day is to be : and this is explained by an interpretation of the heads, Od. 6, 1596, which direct that the fecond court day can only be fome court day in the following week. The interpretation runs in thefe words: * Whereas it is carefully by ftatute provided, that all caufes and contro- verfies hereafter conimenced or coming before Mr. Vice- chancellor, fnould, with great expedition, be adjudged and determined: yet notwithifanding it is of late years come to pal's, that caufes are often a very long time de- layed and protracled, not only to the great troible of the m;igii'a*ate ^' of I'uitors, and their extreme charge and liinderance, but even to the dii'credit of the court and univcrlity. ' For remedy v/hcreof, I^.Tr. Pcoger Goadc, doftor in di- vinit) , vice-chanccllcr of tlie univcrlity, and the heads of colleges, whole names are underwitten, have and do in- terpret and explain a doubt rilii-.g of a branch of the for- mer part of the 48th chapter of the ilatute intituled, De cuvdis foreniibus, and bepinniup tlius : Cranes cauliv et l!tcsc;i'.;c ad uuiverlitatls notiouem ])ertinent, now relircd ior nearly half anliom-; unci ow ll;cir return iiiio court, a little beiore lix, Sir i'. c z William L 212 ] William Wynne addrelTed himfelf to the appellant: Mr. Trend, the delegates are willing to allow you all poflible indulgence, and therefore will allow you till to-morrow morning, after the congregation, to enter on your de- fence. Freud. Gentlemen, to-morrow is not a dies juridicus; it is a faint's day ; there is a fermon in the univerfity church. The proceedings in this very caufe in the vice- chanceller's court were p\it off two days on the fame account. I believe that the mafter of Catharine-hall luggefted the propriety of it, and the courtacquiefced in it. ^ir W. Wynne, (to the mafter of Catharine-hall.) WaJ|. your obje<5lion founded on the reafons urged by Mr. Frend ? Mafter. Not at all. I only did it as inconvenient on account of the lermons. Frend. I mull: (till maintain my objection to the ap^ pointmcnt of to-morrow for hearirig my gravamina as informal and irregular. Sir W. Wynne. We take that irregularity upon our- felves, and will allow you no further delay than till after the congregation to-uiorrow morning: the fitting to be rcfumed after the congregation in the afternoon. Accordingly the court was adjourned. T H I II D C O U R T. Before the right honourable and riglit worfliipful Wit? runn Wynne, is:c. Saturday the 2yth day of June, be- tween tl:te hours of twchc and three, &:c. i 1 1 E min\ites of the two courts of veRcrday were read : and in the latter, aftei- the wordb " he was not, bv the P.atutcs," were inlcrted the words '*or praclice and ufaoc of tlie iiirnerlitv." Mr. I'rend rlicn read ami j-rciL-iitcd a protcft againft ]ji^ being called iipoji to produce on this day his gra\;'- 1X1 in y. i *^3 1 jnina, and delired it might be entered on the records of the court. The court was unanimoufly of opinion, that Mr.Freiid tne inftriiccicns handed down ah aui!;Grit-. for tlic ]>ut)li>.-!4 ofiitcr'i of the v.ni-.c. iity. Sir "VV. 'vVyiiiK'. ''Mi-Te cari be no u';ji-\L:r'.i iv a:.y day was certainly objefted to by Mr. Trend, but the ob- jection was not admitted to have any weight. Dr. Hey. I would not be underftood to have acknow- ledged the authority of the bedell's books; I alked if they were Bucks' books, but received no anfwer. Bedell. Bucks' books are here in court, and may be conl'ulted, if you wilh it. Dr. Hey. Not at alL Mr. Frend then addrefled the court : Gentlemen, In the lituation in which I ftand, it cannot be fuppofed that I wilh to ottend any of the delegates ; and in the ftep which I am about to take, I requeft you to confider me as acting upon motives which aft'ecT; every member of the i'enate, and as being here not only to complain of private grievances to myfelf, but to withftand every proceeding which may hereafter be brought as a precedent to the injury of the members of the univerfity. With this view I ei'tercd my appeal from the I'entence of the vice-chan- celler and the heads ; and to fupport this appeal, I h:i\e endeavoured to gain ail polliblc information on the pro- per mode of carrying it on. I (tated ycRerday what I gathered from the bedell's books as the inoft authentick <:;r.:dcs which I could lullow. I'his I confidcrcd, and Ivill conlider as the proper rule of this court, and without prclr.iriipg to call in queilion yoiu" honour and integrity, I \]-i:\{\ jMoteli ;'.gaiuil what appears to me an m:ijultiiial)le precip; cation in this bulineis. In the moil rerpctTtfiil manricr tlicrei'orc, I do dcfire that ]nv protell; may be t.t'.en into voiir IitIous coniideration, not on r.U" own ao- cc;..];t uu-/.-ly, b;!l; tl'.at I may not bv ar.y c-;;;uk:d of :.-!:";, la)' tlie forift'.at'.o:^. for a precedent, l;\' v, lilchollicrs JU-i; licrealtei" be el'cnlial!y injured. PllOTEST. t ^^5 1 PROTEST. I William Frend, M. A. and fellow of Jefus colleee,in the univerfity of Cambridge, do hereby proteil againii; my being called upon to produce on this day my gravamina in a certain caule of appeal njw pending before Sir William Wynne, LL.D. John Hey, D.D. John Barlow Seale, D.D. John Lane, M. A. Edward Chrillian, IM. A. For the following reafons: I. Becaufe the proceedings in all caufes of appeal mud be directed either by the llatutes and interpretatioris, or the ancient and conltant practice of the uuiverlity : but the ilatutes and interpretations are all lilcnt as to the pro- ceedhigs in caufes of appeal. Therefore there remains only ancient and conitant practice by which tiiey can be directed. z. Becaufe in certain books called tlie bedell's books, the authority of which in matters of practice is always ad- mitted, exprefs directions are given for the party appel- lant to fpecify his gravamina on the next court day after that on which the caufe has been declared. 3. Becaufe by the interpretation given by the heads, Octob. 6, 1596, of the v^ ord tridiumi, it appears tliat the next court day can only be underliood, of the next court day of the euluing week. W. TREND. Having read this proccrt, Mr. Frcnd i^')iatfuevcr v. itli any of the oileucc-. dtfcribed in thut llaiutc tliati entered my pr, i ^ a.:cml;:e in \ our bri.li , uru'i l-i. .\: coiiCLrt t'w mca!is and MKai'-rr^ o! the u .ai r I\>;, -;;, , >)n \\ cn.i i not, nc.r air.' b .._j: n. i nc- i' i" 2 land ; \-. t . i; 1 ic;, . I i;ci .1 U) t 11 er e the- cba every \v. cal' I. re cb; ~, y. \ '0 ns ; ii.en w: hat e ngV 1 J n ' > on ,>rc' ; ;( in r . r^ C t to i'C 1 I b itcci [to bir \' \ . \ v ^,' y. [ 220 ] land ; nor any man even here, except fuch a man as ac- tually fuffered it. This, gentlemen, I do then complain of as a moft ferious grievance, of a Angular and alarming nature, that the profecuters and the judge, in my cafe, made one and the fame party. V. Perhaps after the recital of fuch grievances, it may be thought fuperfluous in me to produce more : but as vas the commencement of this bulinefs, fo was its pro- grefs, and fuch was its end : it was begotten in malice, foftered in treachery, and accomplilhed in opprefllon. Gentlemen, you have heard read, what are called the proceedings of the court upon my trial: they are not the proceedings of the court, but a very different thing : indeed, fo totally different, that unlefs my friend Mr. Lambert, and myfelf, had affiiled in iiipplying deficiences, in re*5tifying the order, and difentangling this chaos, it would have been impoliiblc for you to have proceeded. Had they been put into your hands in fuch a flate, with- out coniment or obfervation from us, I defy any man to have underflood the purport of them, or to have formed a juit judgment upon the ifl'ue. It is with truth I aifure you, that with all the ailift;;i!ce of notes, taken during the whole of the trial, and every advantage of perlbnal re- collcftion, Mr. Lambert, and myfelf, were more than fix hours iaborioufly employed in arranging and reducing them to an intelligible order. This defective and diforderly flatement of matters, which are fuppofcd to have been exactly recorded, and tfic ovnilFion of a nmnbcr of particulars, which I conceive to be ellential to my vindication, I muft confider as ano- ther grievance. I am precluded front all remedy here, unlefs I v.'crc allovcd to call witucfTcs, to attelf every n mi ill on [ 221 ] oraiflion which I have remarked : but the calling of evi- dence now would be of no avail; fince your deciiionis to be guided only by papers before the court. Yet thefe papers contain no account of my protelt againft the ad- millibility of certain witneil'es, none of my obfervations on the irregularity in tlic proceedings; on the impro- priety of examining witnelles in prelence of each other; of reminding them not only of what each other had pre- vioully depofed himlelf, but what others had fworn be- fore ; of dictating to the witnefl'es the anfwer they were expeded to give ; and of admitting the evidence of per- fons interelted in the profecution, nay, of perfons who were thcmfelves principals in the profecution. VI. The fixth grievance is of fuch a nature as requires barely to be mentioned in a court of juRice. After I had appeared to the citation for four days together, and the ex- amination of evidence was all finilhed, and taken liown in writing by tlac regiilrary, this very w riting was taken out of court, and put into the hands of tlie promoter, the profecuter, the very man from whofe wicked and mali- cious deligns I had luoft to fear, and for the very purpofc of carrying thofe defigns mod efFecl:ualIy into execution. This I have maintained, and I do flill inainrain to he an afl which in any court of jullice ought to invalidate the whule ; and that, in fact, from the monient nnIicu the rc- gillrary's minutes went into the poireil'ioji of Dr. Kipling lU)' judges had no grounds \vhacc\ er to (hcidc upon. vn. The vicc-cfK'.ncclKT k.avinji; Srcn (k'rr,.'.;eci in I.;', dc- l,.;n of ciii'j;-'. :;';^ \]\c c.\(C'.;-.'"ii >j1 liic j>i\ '.> u.li d Uv, of ;6oj. I 122 ] 1603, and not being able to proceed on the ftatute de con- cionibus, without the concurrence of nine heads, it was neceflary that the mafter of Trinity fhould complete the number : but the mafter of Trinity, though prefent in court the firft day, had been abfent on all the examina- tion of evidence, nor did he return into the univerfity till after the proceedings of the court had been in the hands of the promoter : he could therefore have nothing on which to ground his opinion, or by w hich he could juftify his concurrence in the fentence. Here the mafter of Trinity got up, and alked if he might fpeak a few words ; but Dr. Wynne observing, that it was not neceflary, Mr. Frend went on : I do conceive this to be very juft caufe of complaint, that without any authentick evidence at all, or on fuch a mi- ferable reprelentation of it, the mafter of Trinity Ihould bring himfelf to join in a fentence, which, without his concurrence, could not have been palled. - VIII. But fupponng the rnaftcr of Trinity to have been pre- fent all the trial, and the vice-chanceller to have acled with the due concurrence of the ftatutable number of af- felTors, the firft thing which the ftatute orJiOi-s to be done is, that the offender llionld be rcniiircd to recant. Tins, gentlemen, v/as never done ; no recantation v.'as ever propofed to me: a paper indeed was put into my har-ds, wjiich the vice-clianccllcr tliought jiropcr to call a re- cantation, but v.hich, on pcniial, I found to be ablolr.te- ly unintelligible on tlie or.e part, and \n"ircafbnal)]c on t:ic oilier. I woiildi l^nc cxjio lila rc;l up n t s at the ti'.nc v,-r.cn It v.'as firft p.i\'cn m;:-, l.f.t was illcnced l)y llie violc'itt juiifc of. order ! (U'dcr I fi'oin tlic vicc-cliariccllcr, v:u\ the cour;. was abru.llv and indccc;-t!y adjenrncd. 1 brought, C i-3 3 brought, the next court day, a paper containing my objec- tionsinto the court,but was prevented fromreading it, by the menacing language of the vice-chanceller ; and with much difficulty I prevailed upon him to take it, and look at it himfelf : he returned it to me, and would not per- mit it to remain in court. I will now read it, and put it into your hands for your confideration. Sir W. Wynne. You may read it as part of your fpeech. Here Mr. Frend read the paper. This paper I attempted in vain to read in the vice.- chanceller's court. I will now fign it, and deliver it into this court. Sir W, Wynne. I do not know whether it is any part cf the procels. Frend. I mufl fubmlt to you, whether you will receive any paper at all from me. Sir W. Wynne. Certainly not. IX. Then my grievances are far greater than I had ever imagined: for if the vice-chanceller's reception of any pa])er, which I offered to him, is a reafon againfl its be- ing admitted here, by atfting as he did, he added to the injaltice of his conduct, and aggravated the injury, by precluding me from the pollibiliry of redrcfs. X. My next appeal is to the anfolution v, hich 1 prciduced in bar ui rcntcnce, and by wliuh I liaJ been rcgulaily ac(Aii:u';l liy the vice-chancclicr a: the cud ul :!itf tc/.u, ei" of all Aatiitable ofFences previoufly committed by uid^ and had been formally reftored to God and the holy fa- craments *-. Thefe, gentlemen, are folemn words: and if the vice-chanceller thought proper to treat it with contempt, I ftill maintain, that either I ftood abfolved by it from any charge which had been brought againft me for violation of the ftatutes, or the univerlity is three times in a year guilty of the moft flagrant impiety in the light of God and man. Whatever degree of fuperflition may be charged upon our ancefters, there was wifdom in fuch a provifion as this ; they did right to difcourage and to check all thole iniquitous cabals, by which ftudious men might be mo- leded, and the progrefs of literature and fcience be fuf- pended by the interruption of fuits and litigations. It is very natural that this obfervation Ihould be treated with ridicule by the promoter, the fubpromoters and the familiars: but let them remember that they derive their ranks, their degrees, and their offices in this place, from tlie very fame authority to which I now appeal ; and let not them deride a falutary law, tho' it may have originated in the impure fources of ignorance and fuper- Jtit 1. How much foever we may now delpife the pre- tended povv er of any perlbn to abfolve, it is ordered exprcfsly by the ftatutes that the vice-chanceller fhould pronounce ablolation at the end of every term; and whatever exceptions inay in thefe times be taken as to the form, \\ hatever have been the notions on which it was founded, the regulation, I repeat it, was wifely cal- culated lor this place. Should any literary man fubjecl hiuilclf here to profecution, the eftabliftied authority fays, let him be fairly tried, let him not be kept in fuf- pence to the detriment of his own purfuits and the injury of literary ciupiiry. It ^vas Ibretcen that a number of igi:oraut or malicious men, people of no occupation and * Sue pa^c 177. of t "5 2 of no principle, might cabal together againft an indivi- dual, whofe activity and induitry might render him ob* noxious to them. The univerfity fays, We will counte- nance no fuch proceedings : we will put a ftop to litiga- tion and fufpence : no man fliall be haraffed by tedious profecutions ; no man fliall be interrupted in his lludies for more than one term : at the end of every term the vice-chanceller ihall abfolve. It was on thefe confi- derations that I felt myfelf entitled to the protedion which the univerfity intended to hold out to men of let- ters and application ; when I found myfelf, after a number of fruidefs remonftrances, compelled to refort to it, it was under the full perfuafion that I was vindi- cating the honour of our inftitutions; and, when I faw my appeal treated with contempt and ridicule, 1 felt that, in my perfon, were infulted the rights and privileges of the fenate. XI. Another grievance is, that the fentence does not re- late to any offence politively prohibited in the law un- der w hich I am tried : ^or the llatute de concionibus fays nothing about either printing or publiiliing a book. It dclcribes only fcrmons, common places, tlicfcs, and. iuch otlier publick difcuflions, as fall orcoi.rje ui:derdic immediate cognilance and obfe!-\ation oi" the \icc-chan- ccller and heads, who are fuppofcd to attend uj^ou them. I have indeed heard it fiid, that tlic wovils alitor pub- lice imply all modes of nKikin;j, puL-Hck v, ]iatt'ot\ cr, and that the puldicaiion cf books inuil be ir. eluded iii it. But no perfon at all ac(|uaintcd v*i:h he intei-prelation of penal laws can inaintain l\xh a pornion : a (;c:ic'al (.k-iUie annexed to a particular eni:incrotion ot (jIle'Mics canm.r, by any Icgaloi" fair cu:ilh"i;6lion, icluLc lo any oih'jr kiiid G '; 'A L "6 2 of offence than fuch as had been before fpecified. Novr the very title of this ibtiite de concionibus, marks out at once the nature of the offences to which it was meant to apply, and the publick manner of conducing the feveral exercifes enumerated in it, (which are all fuppofed to be performed in the prefence of the vice-chanceller and heads of houfes,) plainly fliews, that ' aliter publice' muft mean only fome other I'uch kind of publication as had been before recited. In what I have advanced on the conflru^lionof a penal law, I am juftified by the exprefs authority of a perlbn very learned and moft refpeftable in the civil law. (Here Mr. Trend quoted the opinion of Dr. Harris, upon the ftatutes of Jefus college, and applied the opinion which he gave on that cafe to the proceedings of the uni- verfit^v .) I am ready to acknowledge, that had I maintained any offenlive doirines in a iermon, common place, or the- ils, or in any other fuch publick manner, whether in fpeakingpublickly'in the fchools, in the fenate, or in any other place, and on any other occafion, where the duty of the vice-chanceller and hea4 require them to be pre- fent, 1 ihould indeed have been liable to their cenfure under this flatute. So far from this, I am punifhed by the vice-chanceller under this flatute for my temerity in "writing a book : but be the contents of that book what they may, the authour is not liable to be punifl:ied for them under that (fatiite : he may print a book in London he may do it privately however he docs it, he docs not ncceflarily for that faft come under the cogiiifance of tlie con{fituted authority. It exceeds the authority ot tlic \ ice-chunceller and heads, to puniJh any man for his temerity in writing a book. :xii. XII. But the pubUnaing of a book makes only part of the offence. The promoter indeed did employ much time and great labour in attempting the proof of tliis; he lliould have recollected, that the proof of any criminal aflertion in that book was equally necefTary to eltablifli the offence as the proof of the publication itfelf : but this was never done. Suppofmg me the authour, there is no proof whatever that I laid any thing in that book which fubjedled me to punifimient. The promoter en- deavoured, by garbling fentences, and mutilating paf- fages, to make up a kind of charge againll me ; but it was requifite that particular palTages fliould have been faithfully and literally quoted, and particular errours deinonftrafed to have been fairly deduced from them. I fliall read you part of the opinion of the lame learned civilian I have already quoted. (Pallage read from p. i6.) This is the declared opinion of a perfon of great authority in the civil law, whofe opinion is frequently taken by men of this univerllty : and I do declare, that it has no where been proved that I have maintained any pofition contrary to the doctrine or the difcipline of the cliurch of England, as by law cftablillied. The promo- ter could not fiij^port the charge, and the criminality of the pamphlet flill remains unproved. XIII. But, after all, fuppofing that the crime had been fairly proved upon nie,ancl that the vicc-chantcllcr was legally empowered to proceed iipou the ilatutc dc concionibus, Itill no fcntence could be pronounced, no punifhment in- flicted till tlic guilty perlon liad been reipiircd tO recant, Becanratiun implies crrotu-, and this errour uuill I-e fpe- G 2 liticd cified before it can be acknowledged, or given up. Nq fuch thing has taken place in the courie of thefe proceed- ings : I was required to retrad: from the errour and te- merity of publilhing a book. Gentlemen, it was infolence in the extreme to put fuch a paper into my hands, as what they called a recantation. I am very fenfible that I am Ipeaking now to gentlemen as well as delegates, and I will not fcruple to fay that no man of letters could confiftently put fuch a paper into my hands : much lefs could I be fo bafe a fcoundrel as to lign it. The paper fpecified no errours; nor did my judges in fadl defire it. If they had, they Diould have come forward fairly and faid. You have maintained fuch and fuch opinions, which v^-e judge criminal, and we therefore require you to re- tract from them. But this neither the promoter, nor my judges did; and why not? The reafon is obvious : be- caufe their purpofe was not to reform, but to punifh; not to reclaim, but to get rid of me. The promoter and his cabal had agreed, that punifliment fliould be inflicted without my being offered the opportunity of retracing. Let me fee, then, what are the errours which they pretended to article againft me ; and what ought to have been the recantation propofed by my judges ; 1. I am firft accufed of having defamed the liturgy of the churcli of England. It is almoil fufficient to reply, that this has nothing to do with the ibtute de concioni- bus : yet, fappofe it had, v. hat ought to have been the lan;Tuage of the court ? Yoi; have defamed the liturgy ; yoii have maintained it to be inferiour to other rituals j and we require you, in exprel's words, to acknowledge your f ii;k, and to retract from fuch pofitions. Vv^hy, Gentlc- racM, v.\i3 this not done ? becaiife I had plainly faid in my ciCiCxicc, rhuti liad read many liturgies, and fcrnplc-.! not to dfC'Mrc, ih.at, taking it altogether, the liturgy of the riiurch ci' i^nglaud was the bell cllabfiihcd liturgy I had c\er ever feen. They well knew that fuch a recantation 1 might have figned at once, without the fmalleft fcru^ pie : it was my real opinion, formed, not, as my accufers take up their notions, without reaibn or examir.ation^ but upon much reading, and ferious enquiry. ~~ 2. I am next charged with having called the church of England idolatrous; it there was any meaning in the article, what ought to have been the form of recanta- tion? fimply this: You have aflerted that the church of Englaud i- idolatrous, we require you to difclaim that afTertion, and to acknowledge that it is not. Gentlemen, my accufers could not fcrioufly make fuch a propofal to me ; becaufe they muft know, that through the whole of the work the ailertion had never been made. I declared in my defence, and I repeat it now, tlr.it I never called it idolatrous. The charge is a lie. They were afraid to put my vindication on that ground. Tjie queftion is not now, whether 1 am, or am not the authour of the pam- phlet: but whether in any part of the pamphlet the church of England is faid to be idolatrous: if it were, I again inUri: that I ought to have been required to retracl from the adertion, and warned o? the ftatutable punifh- ment, if I would not. Gentlemen, the whole of this accu- facion arofe from the ignorance of thefc wretched men, unable to compare the different forms of worfliip whicli prevail in different clvarches in Clirillendora ; they ima- gi'.ied that, v* hat war, flrictly true of the g^'cuter j:)art of tiiem, VAuii be mea-.it of all. Docs tlien the church of England afTociatc with the \\o;-i]iip of the f.prcme God, the w^iriliip of created beings '[: ? Wliu crcv I'aivl, or fup- pofcd tJiis? I nc\cr did. Had the writer t)f " Pc;!ce a'.ul Union,' or any otijcr perfon fi.id (1), t;!;it is nolliiiig In this c;iii2; I '.lo nut think it, a:ul indeed it w.is nc\-er \\A- variccdbv nic. Is it- not thc!i wry c;:.tra()r(];:!ary, t'uM: of two ciTuurs iinputcJ to jnc, i do not in i.;c*; inai;:r:iiu ciiiier ? 1 he t 130 ] 5. The third erroiir articled againft me is, that all ec> cleliaftical courts, ranks, and titles, arc repugnant to the fpiiit of chrirtianity : this alfo is an infamous lie : I never faid this, nor ever thought it. 1 leave the cabal, and the judges, to refieft that I pronounce the imputa- tation to be an infamous falfehood : there is no fuch fentence in the pamphlet from which they pretend to have extracted it. The word ' are' is put in, and the w ord ' hence' left out ; and fuch infertions and omiirions of words, fuch perverlions and diftortions of meaning, arife from the moft abominable wickednefs : it is infamous treachery. Gentlemen, you mufl pardon me, if I am v.-arm upon this occafion ; it is not myfelf, but the uni- vcrfity and its members that I am protecting againft the intricTues of judges, managers, and caballers. I faid plainly in my reply to this charge, that ecclcfiaftical courts, ranks, and titles, are not all repugnant to the fpirit of chriflianity. I produced from fcripture exprefs examples ; whofe authority I willingly acknowledg- ed, and whofe expedience I readily law. But fuppofe that I had faid all which I have been milrepreiented as faying, here again the mode of proceeding, fuch as the l\atute required, was ]->lain and obvious. The vice-chan- cellor fliould have faid : You have maintained all ecclc- liaflical courts, ranks, and titles, to be unchriflian ; it is an errour v. ill vou rctraft from it? if not, you mull be baniflied. Why was this not put to mc r I anfwer: be- caufe mv enemies knew that I fnould at once have an- fwcrcci, fuch an allbrtion is indeed an errour: it cannot be maintained : I do molt willingly dil'claim it. Can any tiling more be v.-anting to flrcngthen tlic proofs of tV.eir malice ? Is tliis jull iudgement? Is this the ( or.d; XT 01 an equitable and uprip^ht j;;dji,e ? Xo, h'ir, it is \\ it. kediii ib V, ickcdncff^ of )io coriniion kijid, uor fiicli as ordina; V men are iidiicct to ; it is not ignorance, but p.Milon deliberate, abominable }iaiI)on ilie refult of ma- ker t ^3' J lice and hatred, the projed of vicious minds, wnrpt by the delire of gaining infamous preferment. Who can hear of fuch proceedings, without pronouncing them abomi- nable, fliametul, fcandalous ! I have been punifhedfor a breach of Ratutc of which I am not guilty : if I had been guilty, and had not retract- ed, then indeed in the proper place I might have been fubjecled to the fentcnce decreed, 4. The lafl errour charged againfl me is, that I have profaned the moft holy offices of the church. But here again the law on which I was tried is totally lilent; the ftatute de concionibus fays not a fyllable on this head. If therefore I had been guilty of either profaning or ridi- culing the offices of the ciiurch, it nnill be upon i'omc other law that I ought to have been tried, and to fome other puniihment that I ought to have been fubjecled. But the fact is, I denied the whole. The offices of the church of England are no where reviled in the pam- phlet called Peace and Union ; nor did the promoter, when challenged by me to I'upport his accufation, pro- duce a fingle inllance in which I had offended. But i'up- pofe that I had been proved guilty of this article : what ought to ha\e been the condudt of wife ji;dges, and bene- volent men ? Had they been aclaatcd by tlie lo\ e of juftice, they would have produced a ionn of rccanraiion in this particular, and I nuift ei:licr ha\c lul^fcribtd to it, or fub;u!tted to tlie confcquencc. In iliort, tlic rt 1. aut:'.- tion propolcd to me, ou^lit, in coinnu)u equity, and plain feutc, to iuivc been ioiuuled on the lexeral particulars ai"- tick'd and pio\ed ag;iinit inc. But the iudj^c and the cabal had lonncd a \'( ry diilcix'ut prti'fi t ; without a.ny rcjj^ard eiuier to ilic tonus or tjic l\'.>.:uc(.: oi julhcc, their iolc \iew was to pu'.ii.'h. This wa. Liic iM'oii. il oi (heir (uil relolulion ; no! a vo'cc at i]\v i;i(:.!;,;j^ \,asio'.:::d (!ii- icnlin^i;, ih(Kigli IcoL.iti at tiiib uiu;ne;:l [produce e\ iiu'uce, th..i [ *32 ] that one at leaft of the original twenty -feven had never feen ; and I have reafon to believe, that numbers of the feft had never read the book. Thefe are a few of the gravamina under which I have ftruggled, againlt an iniquitous and malicious profecu- tion. The lall alone is fufficient to fct afide the fentence j it comes home to the point, that my judges in fadt never propolcd the alternative which the ftatute requires, and without which no fentence could be enforced. The vice-chanceller is miftaken in fuppofing me obfti- natcly attached to my opinions : fmce I ihall never re- fufe to retract any errour of which I am fairly con- vic1;ed. But the reafons niuft be given by my oppofers; 1 mult be induced by argument, not by compulfion : and I again affirm, that no opinion of mine has been attempt- ed to be refuted, nor any polition ftated which I had an opportunity of retracting. XIV. As tjie publilhing or writing of a book does not come amongittlie ojlencesfpecijiedinthe llatiitcdcconcionibus, Co no inllanccs have ever occurred of any pcrfon being pu- nillicd under that law, for writing a book, but only for niaimaining viva voce, in a piiblick univerfity-exercife (oriie point or doctrine Ipecifically reprobated in the lla- ii:tc, ]>t!t had not the iilence of the law been fufficient, ilie p-Li'Jlice of the univerlity is decilive againllmy being i>roi;gut to aiifwer for any thing ad\ anccd in a printed bo"\. Is not this tlicn a liiigukir and moil oppreihve .; viexanc c, thiit I liiould be the ordy perfon iclccted out 1 y Miaikc and i^^norancc to bcro'nc the victim of in- t.'';-,i;e, ::rd to f'uiFcr by an oblblete law on wliich no pcrfon before had been ever profecuted, and all thib too in H 233 .1 an age which has been called by fbme perfoiis an en- lightened age? This however is an errour with which I cannot be charged. I have not called it an enlightened age, nor Ihall I ealily be induced to call it lb, while fuch a cabal and liich judges can be found to exift in it. Men, Avho could put into my hands i'uch an infamous and piti- ful paper as no perlon of letters could write, nor any man of common honefty mbfcribe. Yet thefe perfons are the guardians and inih'ufters of our youth, and ex- pefted to lupport by their examples, the interefts of lite- rature and the dignity of religion. Thanks to God ! We have had ib few as the twenty-leven capable of ilich conduct. The univerfity has not loft its character for liberality and learning. I have received marks of friend- fliip innumerable from men of the moft diftinguilhed character amongft us, fuch as are fufficient to redeem u in the opinion of the publick. In behalf of men like thefe I have always vindicated the mafters of arts : they are not all favourers of thefe wicked and abominable pro- ceedings, they are not all involved in the charge, they are not all bigots, perfecuters, and inquiiitours. There are numbers of men amongft us very different from the promoter and his cabal. I am proud to acknowledge the particular countenance, which has been fliewn me by clergymen of the church of England, and by gentlemca highly refpecled in the law, who have exprefsly and rc- jieatedly declared their abhorrence of thefe praclices : they all conlidcr it as a great grievance to me to be tlic only perfon ever brought to anfwer for an action w hich neither the law forbids, nor has the court autho- rity to punilh. Upon the whole, what I ha\e hitherto hud relating to the fact, may be reduced to one very lliort ftatcment ; there was no c\ idencc before the court ou w hich my judges couKl jjronounce inc guilty o\ v\lu pub- lilhing the book; there was no jM'oof of any thing ciiiiii- iKil c-ont.tiiied in it; noi", if there were, v ub liuil e;";:nc co^vniicablc iu the court wliich tried it. 11 k XV. [ ^34 ] XV. After fix long days however, the vice-chanceller un- dertakes to declare that he is iatisfied of my guilt, and that the heads concur in the i'entence ; but there is a very material defeft in form. It does not appear from this, that the heads were all fatisfied of my guilt : they con- curred indeed in my fentence ; but it does not follow, that they thought I deferved it. In both points their concurrence ought to have been declared ; and the want of this declaration aftecls the whole. But fuppofing the form to have been good, let it be con- fidered only for a moment, how extremely difgraceful this mode of checking the freedom of inveiligation mu(t be, in a place devoted to the purpoles of literary improve- ment, how utterly inconiillcnt with the very end and defign of our inllitution. If fall'e or dangerous opini- ons may be any where produced, where can they be ut- tered with fo little effeft as in the midfl of perfons, quali- fied at once by ability and zeal, by reafon and argu- ment, to expofe their fallacy, and to repel their danger ? Such, Sir, are the modes naturally to be expected from literary men ; and luch ought to have been the mode adopted by the men v.ho caballed againll me. Let the promoter. Sir, or any of his party, %\ rite a book, con- taining i'entiments which I feel myfelf interelfed to op- poic ; I here engage, that I \n ill not make a party in the iiniverliLy to roufe the indignation of the vice-chancel- ler and the heads againd him ; I will anfv.er it by argu- ment ar.d rcalon ; and if my objcclions are replied to, will vindicate their Urength, or acknovvicdge my mif- take. ILuu'.o; ' L 235 j Having ftated thefe grievances to yoii, gentlemen, I requeil that you would take them into your I'erious con- fideration, and on account of each feparately, and all conjointly, I delire that the fcntence of the vice-chancel- ler may be reverfed, as totally unfounded in law. As a mailer of arts of this univerfity, I can only be pu- nilhed by the ftatutes of the univerlity : as an englifli- man, I am iubjeft to no punifhment but by the diredion of the laws of the land. Amenable as I know myfelf to be to thefc laws, and fubmillive as I Ihould have been to legal jm-iicliclion, legally exercifed, I never will iubniit to any nunillmient in this country, not authorifcd cither by the Itatutes un- der which I am tried, or by the Jaws of the land. It is on this ground tliat the liberty of Englifhmcn ftands, that the jM'occedings againfi: a man accufed muft be open, and that his trial mult be by law. Even in thofe cafes, wherejuries are not admitted, (till he mud be tried by law ; and there is not a maxim in life which I would more particularly enforce than this ; that law, law muft be the ground and guide of ail our ci\il conduct. And here I cannot forbear congratulating that part of my audience, who, by their fituations, arc exempted from any refpon- fibility to jurifdiclions like that under which I ha\-e been tried. Let them think themlelves happy that they can be trictl only by the known laws of their country, by courts k'g:il!y elhibliihed, and the verdict of a jury. Yes; I do declare, that for any otfcnce, of wliatcver kind, 1 would rather lubmit my caule to any jury of twelve men, in \\hatc\cr manner, or from vvhatiJ^er ranks iiupannelled, than to a ict of iudgci, h()v.c\cr (|ualificd h\ learning or abilities, \\li() can yet think tlicinicKes at liberty to act ill tlic u'.ijircccdcntcd and nn\\arrant:'.ldc iiKimicr oi the \icc-chaiKcllL'r'oCourt". .Vluch as I value thctiiiiinclion oi^ ,. maltcrof ai't' of this uiii\ erlitv, I feel ni)lclf infinitely II h z n-.orc C ^3^ 1 more happy as an englilhnian, that I cannot be pmiilhed but by law. I cannot be imprifoned : I cannot be banilh- ed from my native country, but by a jury : and if I am to be puniflied after a verdict found by a jury, ftill that fentence muft be according to law. In my cafe, the fentence was not according to law ; for no recantation was propol'ed from the pretended charges, becaufe they knew that I might have ligned it without the lead hefi- tation. I cannot conclude, without again declaring that in thefe proceedings I have all along conlidered myfclf as a cling, not merely on my own account, but in behalf of every member of the univerfity : that we may none of us hereafter be expofed to the inconvenience and oblo- quy, that I have laboured under for many months ; be withdrawn from our ftudies to anfwer the cavils of ma- lice and impertinence ; or be in danger of ruin from a factious cabal, compofed, for the greater part, of men in- triguing for preferment, or led away by bigotry and fanaticilin. Here Mr. Frend ended : and Sir W.Wynne afked Dr. Kipling, if he had any thing to offer in reply to Mr. Trend. Dr. Kipling, I have heard nothing that requires any reply. I leave it all to the court. Mr. Frend here delired that Dr. Kipling would repeat V\ hat he had faid, as he had heard him very imperfetT:ly, Dr. Scale to Dr. Kipling. I beg you will repeat what you faid juft now. Dr. Kij)ling. I am willing to fubmit the whole to the court. Fi-cnd. Tiie promoter, then, h.as nothing to obfcrvc ca\ ^/.y ui tlic charges. Dr. C ^37 J Pr. Kipling. No, not any thing I have nothing to fay. Frend. I believe fo. The court ^vas then adjourned till after the congrega- tion in the afternoon. FOURTH COURT. Before the right honourable and right worfiiipful Wil- liam \V^ynne., &c. between tiie hours of fix aud eight in the afternoon of the 29th day of Juuc, &c. X HE judges of this court affirmed the fentcnce of the court below, as follows: Whereas by grace of the uui- verfity dated 14th J\ine 1793, William Wyuue, knight, Dr. John Hey, Dr. Seale, Kdward Cliriltian, malfcr of arts, and Jolin Lane, maftcr of arts, were appointed jutlgcs delegates in a certain caufe of ap])eal or complaint be- tween William Frend, mailer of arts, and fellow of Jclus college, in this univcriity, party appellant, rir complain- ing, on the one part, and Thomas Kipling, dotlor in di- vinity, party appellate and comj)lained of, on the otlier part, We the faid William W'ynne, John Hey, John Bar- lov/ Seale, Edward Chrillian, and John Lane, ha\ ing taken the laid caufe into our ferious conlideration, after having examined ilie le\'eral jn-occediiigs luul therein be- fore the right worlliipful Il'aac Milner, doctor of di\inil"y, vice-chancellor of tills univerlity, ^\ hirh have been tranl- mitted 10 n^; and having lieard tlie ai-;>aimenrs urged by tlie appellant in liijijiort ol his a]>j;eal, Do h\ this defiiii- t!\e fentcnce pronoinicc agaiiiil ti.e i.iii! appeal irauh'aud jmcrp.ofed ill tliis heliali'; a.ni.l tl'.ar tlie judge iroui wMc^m the laid caufe i. appealed, liath acted rightly, juiiK', and lav. lully. I 238 n lawfully. And we do hereby affirm the. fentence pro- jiounced by him in the laid caufe. (Signed) William Wynne. John Hey, John Barlow Scale. John Lane. Edward Chriltian. The bufinefs of the congregation in the fenate houfe being ended, and the court alFeuibled in the law fchools, Sir William Wynne rofe, and fpoke to the folloN\ing purpofe : I am drecled by the reft of the delegates to give fen- tence in this calc as our unanimous opinion. It was a cafe originally inftitutcd in the vice-chanceller's court, in which Mr. Frend was fummoned by citation to appear before the vice-chanceller and aflellbrs, for violating tlie laws of the univerlity, particularly the ftatute de conci- onibus. (licrc ^'lie \\ords of the citation were quoted.) To tins citation Mr. Frend appeared before the \Ice- chanceller and eight heads of college^', and the conimif- far)-. Mr. Frend excepted to their juriidiftion as a court, and delivered in a protcil. (liere tlie words of tlic protelt %\ ere recited.) This proteft was talcen into confidcration by the vicc- chaiicellcr and his ;;!!cll'(n\s ; and the \ ice-cl'.unccller pro- riounccd for the jurii'liction o[' the court: and we are of opinion ij^.at the \ icc-clianceller \v-..s ri^^lit. The proteit goes u);c)n t:;c ailinnptlon, tl.at tiic t-^ o courts arc dil- tinct juriidlciioub ; tor -vn hich we lind 1:0 autliority eitlier in t 239 3 in the ftatutes, or the practice of the univcriity *. For the new regulations by queen Klizabeth, require no new- court : the llatute wliich directs that the vice-chancellcr fliould not proceed in certain cafes without the concur- rence of the heads, is only a regulation of the court ; it makes no alteration in the court itfelf. The addition of a certain number of perfons authorifed to fit with tlie vice-chancellcr in certain cafes, is no alteration of the court, except only in that particular exprefsly mentioned by the law. Something iimilar to this may be obfervcd of other courts of law eilablilhed in this country. The court of King's Bench has varied at times the number of its judges ; but no alteration took place, either in the court itfelf, or the mode of its procceilings. The court of chancery, it neceffarv, calls in others as affeflors: vet no alteration is thus made either in this court or its pro- ceedings. In the court of admiralty, in cafes of damages, aifellors are called in, and pilots lit with judges and dele- gates. I'hefe, however, make no alteration in the nature of tlie court, but are added merely as advifers. So in tiie prefent cal'e, akliough the heads joined with the vice- chanccller in gi\ing fentence, they make no p,art oi the court : nor do we lee any ground for the diftincliou prc- teudcd betw een the authority of the \ice-chanceller's court, and that of the vice-chancellcr and heads of colleges. Alr.Frend has objected that the concurrence of the heads wasnecellai'y in the whole of the proceedings as well asiu giving fentence. Tiie ibitute ue concionibus rcqini-cs no fiicli tliino;: tlic words of the iiarute arc not cancclLiri; ct j)r;!.fcctorimi juliii, but cancel larii iT'.lhicunKiiiei^.'riniaiuris pai'Lib pnefccrorurii: tliel'e wo'/d.. .li'c niaicrialiy diHercnr, a.iid ihe \ icc-ciiaiitcll'/r ha-, clcai ly by tl'i::, llalute a r'.glu to j)rc)rced \s itlioiiL the cuiicun'Ciicc Ui'a;it.ntut the ot'icr ' Til' jiroDfi';, tlr.it il,c!V iw.i cr.;;-, .\-:c f;);rv.d or-. :i v"i y (iif- fcif :; i>':i;i ; I'u- <<.:c- , f . ;i i, i!;C o: :.ti <- ;; : i:: liu- .::^-. -.'.n ujnh h.-ads C 24d 1 heads till he comes to the fentence itfelf. To this indeed their allent is required : but to nothing more. In what^ ever manner or however they may be qualified, they are authorized to give it, whether the evidence was deliver- ed in their prelence, or they were informed by the vice- chanceller, no one can difpute the fentence. This being tlie cal'e, I conceive that no objeftion can lie againft the mafter of Trinity's abfence on fome days of the trial. So long as he allented to the fentence, it was not necefl'ary for him to be prefcnt at the whole of the proceedings: however tleiirous he might be to get the beft information, it was not ed'ential to the giving his afl'ent that he fliould have perfonally attended at the trial. Mr.Frend obferved further, that the jurifdiclion of the vice-chanceller's court and that of tlic vice-chanccller and heads muff ne- cellhrily be different, as there can be no appeal from the vice-chanceller and heads to the fenate : now this is odd as he has himfelf appealed from them as vice-chanceller and heads, to the fenate, and we fit here in confequence of that very apj^eal^'. On thefe grounds his renunciation of their authority was over-ruled by the vice-chanceller : and the delegates think that he afted rightly. The charges were then read, particular pafTages recited from the pamphlet, and the grace of 1603, and the ihitutc de concionibus referred to. Dr. Kij)ling then called witnefi'es, which was objected to by Mr.Frend till the fecundusdiesjuridicus, and he ground- ed Ills objection on a part of a grace palled i6oy. But in another part of the very fame grace the judge is ex- prefsly allowed a more fummary mode of proceeding. * M.-. Frciul (lid not appeal from the v'lcc-chanccllcr and head': l'i:i I'lom i!u' \icc-cl'.iincelU-:'\s court, proclainicc', t'djoiirncd, mu! tliilolvcd, iu the uruul foruiSj after the ^lacc of 1(0'^ had been dif- poftd of. ( Here. C 241 ] (Here Sir W. Wynne quoted the words < nifi caufe Tint leviores et ordinariae in quibus poteft judex Ibtiiu, &:c.) But whether the caufe be levior or longior feems left entirely to the direclion of the judge, and by virtue of that direclion, the vice-chancellers have in all cafes of late fummarily proceeded * : and that the party accul'ed might, however, have no juft caufe of complaint for want of time, a fufficient interval was allowed -j-. By the grace, indeed, it appears, that in deciding what are to be confidered as leviores cauf.c, the judge may ufe a difcretionary power, and may proceed fummarily upon them : this has been confirmed by long practice ; and it does not appear that the proceedings in the vice-chan- celler's court have been carried on by examination of witnefles upon allegations, and interrogatories, and fub- i'cquent publication. Witneffes were in conlequence examined. Mr. Frend objected to the evidence of Mr. Kilvington and Mr. Lloyd, on the ground of their being acculers, and concerned in the proiccution '^. And liad it appeared that thel'e gentlemen had any intcreft in the caufe, efpecially in the cofts of fuit, or any previous difpute or quarrel with the party, or any malice againd him, thel'e are circumftances, which, though they wt)uld not have rendered them incompetent as witnefles, yet would have made againft the credit to be given them. I'ut there appears no reafon for luggefting any thing of this kind againil them. Their publick rcfentment of the pamphlet affords no ground for objeclion ; their indig- nation appears to have been, not againil tlie perlbn, but * I. '..'.or, or lon9,ior '.alidious contfuR, fakinj, ihf \eiy dif- i M.. Vrc'-.A did not accL-pt il a. an i:u!iil L ^4^ 1 his pviV?lication : they were therefore ftriftly allowable as witntfl'es ; and the evidence they gave ieems impartial and clear. The fame objeftions were fuggefted to have been made againft other witnelles'^,butthefe not appear- ino- on the minutes of the court, I call them barely fug- gelled no evidence appeared of their having been made, and therefore no weight was allowed them -f. Mr. Trend's next objeftion was, that the queftions and anfwers v.'hich were taken down by the regiltrary, ought to have been kept in the court, but that they were taken out of court, and put into the polTcilion of the promoter. As the fciCL has not been controverted, ^^-e muft confider it as admitted. At forae period, the proceedings mutt go into the hands of all the parties : Mr. Frend mult have had copies given to htm, at what time I do not know:};. But the objeclion is t^iken up on that radical maxim, that no evidence lliall be cornnmnicated before publica- tion . If this had been a c^ofe examination, then indeed it would have been a fatal proceeding ||. But this was an examination in open court, taken down in the molt deli- berate manner, by the proper officer, and might alio have been taken down by the pronioter, or any of his friends. It was therefore indiil'ercrit in wliat manner the promoter * The farac oujcClions \verc not made to all the others. -f- But e\idctics %va!; offered on oatlu nrd rejected tliougli the extraordinary oaili of the rc^^^ftrary was taken. j Tlicrc was no oLjccli' n to copies ofcN idencc being fent to all ti'.e- parties ; but to t!;e ori;'.inal heir,:'- given to the promoter be- Ibrc any copy had at all been taken. ; It wa- not on tliis !na.\;m tiuit the protcfl: was grounded, but on tiie laet '.noted in the eaie. II 7~i-.e earew;.:. not concerned \\itli clole examination, it v, ;r. i.i p 'ilick eomt, bi.roic Uje.ry : ri;i:.is i!:ercfoic a mofli,;ol\ ajid w W- Cc.nie I 143 1 came by it ; whether the originals came into his hands ; if thofeoriginalsunderwent no alteration thcre,an(.lrhat they did not, has been I'w orn to by the rcgilh-ary. But Mr. Frend objeolcd alio to the mode of taking the dcpolitious at various times. It would, to be lure, have been more regular, it the depofition of each wltnels had been t.'lvcu all at once: but it is no iniuiual thing in courts of law, by leave of the court, to have up evidence at ditilrcnt times. I remember one inibnce, in a part'cuLir trial, where a witnels having laid wb.at he had not meant, the caufe was refcinded, to take the depolition of that witnels again. Mr, Frend objecled nc\t, tb.at levcral leading queftions had been alked, but t'ne initanccs did not appear to us to be of fuch a narujc as to jullify the com- plaint. One witnels was callctl ami reminded v> liat lie hud laid before. (Here I'ow tell fenior's cvi-lcnce v. as referred to ' You told the court, kc.'). 1 do no', appre- hend that to be a leading qucilion '. An e%anir,iatioa conducted in a court f.uniliari/.ed to \c-.'.:t:c.', ;ind \vh:it coald he a jM'catcr one lliun tli;;t llic jucl"t and a>i'.ircr ii'.onld he guii'cd hy tiic fame l>:i(l nuiiivr-;. Dr. \\ yni-.c- ('.cc'i r,ot anTiScr vAv. Frcmrs proofs ot" ir.alicc. \V!;at became of C M5 J tnuft depend on the real merits of the caiife, and the faiSs adlually proved in the courfe of evidence. In the firft place, then, it appears, from the name of Mr. Frend in the title page, that he was the authour of the pamphlet : this indeed goes but a little way ; and though the prefumption, which it affords, remains till it be removed, yet, for legal proof, it muft be allowed that great confirmation is w anted. In the evidence of Hod- fon, fuch circumitances occur as leave little room to doubt; yet even this evidence is flight, compared with what appeared on 1 ubfequent enquiry ; the evidence of Bowtell, and the correfpondence \\ itli Mr. Watfbn. In thef'e notes, Mr. Frend does over and over again fpeak of this pamphlet and the appendix as his : indeed he icems to have exerted more aclivity than is ufual in a common publication ^'. The only quel\ion novv' remaining is whether there be any thing in the pamphlet which comes under the ftatute de concionibus -j-. The modes of utter- ing exprefsly prohibited in this ftatute are, preaching, common-placing, and publick lefturcs ; but thefe are not all : the Ihitute evidently goes farther, and inchidcs much more in the cxprelliori, ' aut aliter publice.' The only quellion is, \\heiher the ])rinting and publilliipp^ of a pamphlet does come within this chiuic? Mr. Frend contended, that 'aliter publice' nuilt rclcr only to I'ome mode of publication, of the fame kind with tliotc btlore particularly dcfcribcd, and cannot apply to any doctrine, or position, r;Ot maintained anil fii-pporrcd \ i\a xacv. But I do not ajjpreiiend that this could he allow cd, in tiu; flritlcit way of interpretation ; aiid we mull conlldcr the * 'lii':-, ir, Pxlf'j : tlic o:i]y pni:v, Mi-.Ti c:i..l iok, wdc lo Ccc th it l.ij huo'i. > .VLic Ccvi to iiic ho<-k fcl i>ji <;. !r;t r t; I't i; 1 s r; r. ) ic^irr 1, l)i;t ' iKli J !:c < idc- il'.c V ice "!*. ii -^" y.::L-. a:. I.l,. fO' -o.,)-.,r ih;-. r .' ' ; Si'j i->;i.J .::..'. , i"-';. I ;,:i. r 246 ] fpirit of the ftatute, and the mifchief which it was in- tended to prevent*. It is certain, that publifhing by printing is more ftrong, more extenfive, than by any viva voce declaration ; in thele circumftances, the pam- phlet proved is Inch as oppofes what the ftatute forbids to be oppofed, and is therefore comprehended in it. Of the particular parts and pafl'ages in this pamphlet, I lliall take notice of only three. I. In page thirty-nine alone, there is language fuffici- entto juftify the fentence we are about to give-f . ' Hence ecclefiailical courts, eccleliaflical ranks and titles, eccle- fial\ical drefs, all repugnant to the fpirit of chrif- tianity.' It has been Hated by Mr. Frend, that this pafl'age was not fairly quoted ; and he.denies that any fvich meaning, as the promoter h;'S given to it, can be inferred from the original ; but we think the meaning is clearly determin- ed from the context: ' the chriitian world,' lays the au- thor, in the fame page, &c. to ' concerns.' Hence Now, I think, in all plain conftruclion, this clearly implies the fenfe given to it by the promoter ; and if fo, how it can be faid tliat they arc not againil ' aii(}iicm {latum et gradum, I do not know : at the clofe of the pafl'age they are nil pronounced 'rc])Ugnant to the fpirit of clu'iiiianitv ; and the writer of inch a paiFagc mult be pro\cd g'uilty of the chiarge. * Jr.dgc. flioultl be Iffs fal];l)le tl.an Dr. Wynne and his brc- tliren, to be allowed to decide on tlie fpirit of a law. -j- T1':C GLlc;!,atcs find three pafTac^cs : but how do tiiev kp.(n>', tliat tl.cfc \vc;c the ]'afr.'.,;es obnoxiou'; to llie fli'tutc, in the t > c , of tl;c \ icc-c h.anccllei' ai'd hcad^? \'',"!i;'.i v'i^Jit hvx\ the deic;',:iic ; to '(M-k ()i;t fu;- o!in:);;ioi;;; j-,;;f'V.;',c:; ? 'J i:ey rr",ild be co:iccnKcl oniywilh tlif:;c w hie h T\T) . I''re:iil was ordered, '.o -.ctraet", but '.;i'. :: ]'a;;r,;^e'i were not poiiUcd oat in the piope: eo;;;:. z. h [ ^47 ] 2. It goes on, ^ A man, if a prieft or minifler enters, is not malter of his own houle ; he murt not thank god for the bleifings of providence at his own table ; he cannot pledge his faith to a lovely woman without the interfer- ence of the prieft ; his offspring muft be fprinkled by la- cred hands ; and at death he is not committed to his long home without another Ipiritual incantation.' Now, how words could be pre ounced more injurious to the clergy of this kingdom than thefe, I cannot fee. The laity are called brute beafts, for tamely fubmitting to this ulurpa- tion ; and therefore 1 cannot but think that the writer muft mean to oppofe the degrees and ranks eftabliflied by the church of England. 3, The latter end of the page fpeaks of the - facrcd of- fices of marriage, baptifm,and burial, as incantations : we are therefore clearly of opinion, that the vice-chancellcr was \\ ell founded in calling upon the pr.rty to recant. Jt has been allcdged by Mr. Frend, that he was not called upon to recant, in \irtuc of there being no particular er- rours or paflagcs i'pecifi'jd in the form prcfcribcd ; but in fact he was called \ipon to recant the form is before ihc court, aniL is as follows. (Here tJie form of recantation was read.) Now Mr. Frend 's aflertion refts on this : that the re- cantation propolcd, ilid not contain any particular l])cci- fication ; but v.e are of ojMnlon, that, if any pad'ages V. hattver are to be found in the pamplilct, which go a-.^^ainli tlie llaiuie, tlie requiring oi' him to retrad iroiii the buoiv wliicli ct)niains i'ucl] pa!ragcs,is ilrictly proper-]-. " M:.r:'';:;c :i r,.riccl olli; c I j)ity llial he did i!i)l call a ;i facr.;- ; Tiic ci'j'iy hrforc- ilil'-r/ilc; v. -.-. not, w lieilicr \ti . Fi cnd'i ]).: I',)'' 'it V, ;, . ;:',;. ,, ii'-rc I,. nI 1 . , Iml \>, he I her t lif j i;d '_(.->, u iio coii- v.i..'!..i \'.c!"c . ^'\A : ui.J "iJ.cv ;i'.;uicd ojl i;o j),i;i.';^'/-.. No 'A, Now, 1 have pointed out three paflages, in which the pamphlet does exprel'sly controvert the provifions in the ftatute. The form, therefore, was proper ; beiides, by that ftatute, the party is obliged 'to conform in whatever manner the vice-chanceller fliall diredt * eo modo quo illi prefcribitur.' The party had no pretence to dictate the manner in which he was to make his recantation, but was obliged by the ftatute to coi'form to that mode which the vice-chanceller fliould prefcribe. This mode was legal and proper ; and we do therefore agree, that in this, and in every part of the proceedings, the vice-chan- cellcr did right) and we do therefore affirm the fentence. Mr. Trend now demanded a copy of the fentence ; and the court was dlfiblvcd : but before the delegates left the Ichools, he rofe, and laid ; I deHre it may be underftood, that my prefent intention is to appeal from this unjuft fentence, to the court of king's bench, where I hope every englilhman will meet with juftice. APPENDIX. APPENDIX. N^ I. De caufis forenfibus. Cap. 48. Stat. reg. Eliz. An. izmo. ed. V^MNES caufe et iites quae ad univerfitatis notionein pertinent tarn procancellarii quam commiflarii judicio lubjiciantur nifi procuratores vel taxatores academiac aut eorum aliquis vel magifter artium aut qui fupra ilium fuerit alter litigantlum fit: tunc enim procancellarii folius erit juriidiftionifrm nundinis Sturbrigienfibus et iis qua; ad feituni fanfti Johannis baptiltae apud Barnwell tenen- tur. Finem autem accipient infra triduum ii fieri poteft omni juris folennitate fummota. A fcntentia commiflarii ad procancellarium appellabitur infra viginti quatuor horas port latam fententiam. A procancellario autem live lis coram eo coepta lit live per appellutionem ad eum dcvuluta ad univeriitatem provocatio fict infra biduum a tempore lata: fententix et non poll fuamque appella- tionem intimabit appellans alteri procuratorum infra triduum lat.c Iententi;E. Ille vero flatim nomine acade- miLcjudici a quo inhibcbit ne quid pendente appella- lione attentare vel inuovare prefunuit prius tamcn duo- l)us folidis lionorarii loco ab appcllantc acccptis ncc non vi^nnti folidis apud cum dcpoiitis appcllanti rclUtucndis fi juihim fo\ iile caufcim probctiir vel in uluia acadcmix c:y)v<:vw:.S>s ii tcmcrc i-i^pclluflc convincatur aut ii ]ioll K k daur dates judices a profecutione ceflaverit vel culpa fua cog* nitio difFeratur. Caufx appellationum ad univerlitaten^ ultra decern dies fi fieri poteft port dates judices non pro- trahantur nee fecunda provocatio omnino admittatur. Judices delegati tres ad minimum nee plures quam quin- que pro qualitate caufac in omni appellatione dabuntur ct fententias majoris partis illorum ftandum erit. Potef- tas autem nominandi judices fit penes quinque illos viros qui pro capite illius anni conftituti funt et duos procura- tores. Et qui a majori parte iftorum nominati fuerint ad regentes et non-regentes defercntur fufFragiis fuis eligendi il placent eis alioqui mutatis uno vel altero alii eorum loco per didos feptemviros furrogati proponentur eligendi. Et fi hi quoque difplicent fnniliter tertio fiet. Quod fi nee tertio loco pofiti eligantur licebit didlis feptemviris aut eorum majori parti pro ilia vice tantum delegates judices eligere et dare. Et fi major pars fep- temvirorum vel in nominandisjudicibus vel in eligendis illis (quando eleftio ad eos devolvitur) non conveniant tunc plures numero pra^valebunt licet majorem partem vel aequam habita ratione totius numeri non efficiant. N^ II. "Stat. De concionibus. Cap. 45. NULLUS concionator fit vel aliquam concionem pro gradu fuo habeat nifi ad minimum uiaconus fit. Ottavo maii ad Henrici feptimi commendationem facra concio fit quam regius in thcologiu profeflbr faciet. Pridie unius cujufque termini concio latina hora nona antemcridiana in ecclefia beatce Maricc habeatur. Primo termino anni concionabitur regius profeflbr in theologia : fecundo pro- fellor dominae Magarctx : tertio concionator academiae. Unoquoque die dominico de anno in annum conciones in academic: tempio fiant. Ordinem eundcni collcgi- orum r 5i ] onim in concionibus confervabunt quern in difputation- ibus praefcripfimus incipiendo a lenioribus qui conciona- tores funt in unaquaque combinatione et lie progredien- do ad juniorem. (^ui curium luum concionando omif- crit viginti folidis mulctabitur. Collegia pro fingulis concionibus folvent bedellis qua- tuor denarios nifi quis pro gradu concionatur. Conci- onatores autem in concione fua utencur caputio ufitato non-regentis fub poena lex folidorum et ofto denarioruni quoties deliquerint. The latter part of this ftatute is inferted in p. 169. N III. Grace palled on June 9. 1603. fpecified in the article^ PLACET vobisut quicunque doftrinam vel difciplin* am ecclefiae Anglicana: vel ejus partem aliquam legibus publicis fiabilitam fcriptis vel diflis vel quocunque modo in academia Cantabrigienli publice oppugnaverit ab om ni gradu fufcipiendo excludatur et a fulcepto fufpenda^ tur ipfo faclo. N IV. Grace pafTed in the year 1609, to regulate judicial pro- ceedings. CUM ftatutis acadcmiac nollr:i: cautum fit ut omnes cauilr in aliqua curia univerfitatisinotx onuii juris iblem- nitatc lemota ct ibla faiTii veritate inipcctu debite termi- nentur infra triduum (li commode fieri pollit) qux qui- deni ii;itutu (inter alia) (juilibet ad^ocatus procurator ct alii oinncs fcfc ad poltulandum gerentcs in curiis pra'dic- ut virtute juranicuti Itriac tenciitur ubfcrvarc quibus K k z taincii tamen non obflantibus jampridem omnes pene lites coram procancellario et commilTario univerfitatis noftrae incep- tae potius in triennium quam triduum prorogantur in ma- nifeftam privilegiorum et ftatutorum noftrorum viol^- tioneni honoris et jurifdiitionis academiae fcandalum et opprobrium et litigantium vexationem ac difpendium Placet igltur vobis ut fubfequens ordo in omnibus et fingulis caufis pofthac in curiis univerfitatis motis feu movendis ftridle obfervetur viz. Imprimis arreftetur reus fi poffit apprehendi fi non pollit fiat citatio peremtorie viis et modis. Reo capto feu bonis fuis ex prime decreto falva cuftodia cuftodiatur donee fidejubeat coram academiae regiftrario vel ejus deputato fe compariturum proximo die juridico ex tunc fequenti et fic poftea quolibet Sec. Reo autem non com- parente ftatim luant fidejullbres fme favore. Infuper juxta tenorem flatutorum academiae noftrae principales perlbnae faflum ipfum per fe proponant videlicet adlor per fe fuam aftionem et reus fuam defenfionem nee defenfo- resvelprocuratoresadmittanturproeifdemnifiadverfava- litudine vel alia legitima caufa per dominum procancellari- umapprobandafmtdetenti quo minus injudicio fuamprae- fentiam poterunt exhibere de quibus in principio coram domino procancellario vel commill'ario vel delegatis ju- dicibus fidem faciat juramento : quo pra^ftito et caufa utrinque declarata et non antea admittantur. His om- nibus fic ut prsecipitur fa6lis et obfervatis primo die juri- dico detur materia five fiat facli declaratio : fiat etiam litis contellatio et pra-ftet reus juramentum de fideliter refpondendo et moneatur ad fubeundum examen infra triduum (nifi caufac fait leviores et ordinarix in quibus potell: judex rtatim tam partes principales quam telles ii quos praefentes habeat publice interrogare et exaiiiinarc .lie veritate facli et omni folcnnitate prorfus femota cau- fam llatim fmaliter determinarc) fed utcunque trichio C ^53 J - elapfo vel antea (fi fieri poflit) habeat actor coplam rc- fponli ut videat an opus habeat ulteriori probatione et Iciat quid ultra ei faciendum habeat etiam ad probanduni in proximuoi et polt triduum exeat compullbriuni pro teftibus, Secundo die juridico veniat adlor paratus ad proban- dum et teftes luos producat U quos habeat. Tei\es judex in levioribus et ordinariis caulis potelt ut fupra publice interrogare de veritate materia; live allegationis etltatim caufam finaliter determinare. Sin cauia longior lit et altiorem examinationem requirat habeat reus biduum pro interrogatoriis et intra principium tertii diei et diem proximum juridicum examinentur telVs tarn fuper ma- teria originali actpris quam I'uper interrogatoriis per reum datis. Tertio die juridico publicentur difta teftium et affign- ctur ad lententiam in proximum et proximo feratiir len- tcntia nili reus velit excipere : li velit detur reo proxi- mus ad excipiendum : quo die adveniente refpondeat aftor ut I'upra reus aftori et prseftet juramentum ct i'ubeat examen ut liapra et reo detur terminus ad probandum in proximum et fiat ut I'upra aclori. Quarto die producantur teftes rei fi quos habeat qui jurainento I'ul'cepto moiieantur examinari citra proximum reliquaque fiant per judicem vcl in publica tcltium ex- aminatione vel in concedendis alteri interroi^itoriis qux lecundo die juridico fiebant de tellibus actorib. Qiiinto die publicentur dicta teRium rei adignctur ad lententiam proximo et ad inlonuandum interim. Sexto die i'eratur fententia. Scptimo et uliiip.o nili iiitcrim ;.b altera pTitc nppella- tum i'uc-rit nuiiidcCiH" icntciiti:i cxccuiioui. ri.ccr C 54 3 Placet etiam vobis ut quilibet advocatus procurator five caui'arum defenlbr necnon quilibet officiarius curi- arum academiae noftrae virtute juramcnti fui corporalis per eorum quemlibet prxflandi praemifla omnia et fm- gula ftrifte tcneantur obfervare priufquam in uUis caufis in pofterum in diftis curiis movendis admittantur et ut jile ordo et ha:c conceflio veflra pro ftatuto habeatur et in libris procuratorum infra decern dies jam proxime fe- cuciites inlcribatur. Bifhop White's interpretation of the words De majorc parte fociorum, in the Itatutes of Jefus college. DE majore parte fociorum quomodo accipienda fit, tarn in difto ftatuto de eledione officiariorum, cap. i2 quam etiam in ftatuto de eledione fociorum et forma ejufdem cap. 5 et denique in ftatuto de fcholaribus in col- legio exhibendis cap. y, de quibus omnibus idem dubium movetur, ita judicamus. Nimirum cum in Aatutis veftris obfervemus requiri alias univerlaliter majorem partem omnium fociorum, ut in quibufdam rebus et negotiis arduis cap.3.25, 26, 2.7, z8, memoratis, alias fimpliciter et indefinite majorem partem fociorum, non adjecla voce omnium, ut in eleclionibus fociorum, fcholarium, et officiariorum diclis capitibus 5. 9. et 12. cunique pra^terea unicuique didarum eledlionum fuus certus terminus ultra quern difterri non debeat in iifdem ftatutis limitetur, cum deni- que in dilo llatuto, de eledione fociorum, exprcfle et fignanter dicatur, magilter convocabit omnes focios ejuf- dem colkgii turn in academia pra:fentes, abfentium nulla habita ratione aut mcntione fada, eadcmque effe videa- tur reliquorum duorum llatutorum ratio : his igitur om- nibus diiigenter colla'cis et perpenlis, tarn verba iila didi capitis qiiinti, de eledione Ibciorum ct ionna cjiildcm, i!li clccu ccnfcauLvir ct pro cicdis reputentur, in quos niugiiter J: ^55 1 tnagifter et in ejus abfentia praefidens five locum tenens ct major pars fociorum confenierint, quam ilia capitis noni, di(R;os vero Tcholares per magiftrum et niaiorem partem fociorum toties eligi et admitti volumus, et deni- que ilia capitis duodecimi, illi pro eledlis officiariis habe- antur in quos magifter vel in ejus abfentia praefidens et major pars fociorum exprelTe confenferint, ita interpre- tamur, ut intelligantur, et intelligi debeant, non de ma- jore parte numeri fociorum pro tempore exiltentium, fed tantum de majore parte fociorum tum in academia praefentium quando eleftionem fieri debere contigerit. Provifo femper, quod in omnibus dictis eleflionibus re- quiratur praefentia majoris partis totius numeri fociorum pro tempore exiftentium. Provifo tamen infuper quod {i quis fociorum legitime monitus five vocatus ad capi- tulum venire noluerit, aut neglexerit, vel cum femel prtr- fens fuerit in capitulo line venia diCceil'erit, habeatur pro ilia vice et quoad res explicandas in illo capitulo tau- quam nullus de numero exiltentium. The above is the interpretation referred to in page? xxvii. and xxviii. N VI. Mr. Kilvington's chara<5ler vindicated by the twenty- feven. The following paper was drawn up by the twenty- feven, by way of refcuing Mr. Kilvington from thejul\ odium teltified againft him for his very improper conduct, Cambridge, June ifl, i7y3- WK, the uniierwrittcn, exprcfr, our deteltation of tlic kundalous and unfounded imputations, 'Ahich \\ci'e;'.N tciiipie.l r 2s6 2 tempted to be thrown upon the charafters of Mr. Lloyd, and Mr. Kilvington, at the late trial of Mr. Frend. T. Kipling J. Jovvett R. Glynn C. W. L. Manfel J. Main waring R. T. Belward Geo. Whitmore W. Walford J. Olderfhaw W. Wade W. Mathew j. Smith J. Wood W. Wilfon H. Greene R. Ramfden A. Frampton E.. Outram R. Boon J. Dudley W. Pugh C. Simeon Antho. Mainwaring Ed. Wigley W. Millers Jos. V/atfon Tho. Caftley John King Philip Douglas E. Edwards J. Bradllia\r W. Walker J. Fawcett R. Tillard W. Eafton Henry Jowett To the above Mr. Fariili added his own manifefto, in the following terms : THE tedlmony given by Mr. Kilvington, during the trial of Mr. Frend, having been openly contradicted by the latter, and an idea liavincr prevailed that certain let- ters written by Mr. Kil\ ington to Mr, Frend, contained a proof that the teftimony was untrue ; I think myfelf callfd upon to declare publickly, in vindication of Mr. Kilv;np;tou's characler, that, lince the trial in the vice- chanccllcr's court, Mr. I'rcnd, on application made to hiin by Mr.Kilvington's defirc, f];e\vcd me thofc letters, and that there w as notliing in them which appeared to me in tiie fnialleU degree to invalidate that tefhmony. The fubflance of the letters was an application for college teitimonials, teftimonials, and they contained general exprcffions of gratitude to Mr. Frend for fa\ours received, whicli, ac- cording to Mr. Frend's explanation, conliited in atten- tions Ihewn to Mr. Kilviiigton, when at Jefus college, and the fupplying him occafionally with books from the library. W. FARISH, Senior Proctor of the Univerlity. Magd. Coll. July i, 1793. With refpecl to the main point, the falfehood of Mr. Kilvington, in attributing any civilities fliewn to him to a delire of profelyting him, thel'e manifeftos are by no means fiitisfactory. The impartial reader will turn to the letters, p. icj. and from them form a truer judge- ment, than from the ipfe dixit of any one of the cabal. At the fame time he mull give the twenty-feven credit for ftanding by each other to the lart, and pro\ ing, by their own fignatures, that ' they are all, all honourable men.' The infidious conduft of Mr. Farifh, delerves fevere reprehenlion : he called on Mr. Frend as an old ac- quaintance, and the letters were, at his rcquell, lliewn to him, without any fufpicion of his being lent by the twenty-feven on fuch a medagc. A free converfation then took place between them, in which Mr. I'rend ob- ierved that the conducl: of Mr, Kilvington was as ridicu- lous, as it was bale, flc had, on cominp- to college, brought letters of introduction from a common triend, from which he became intitletl to the iii'ii;'! ci\ilities, founded on I'uch occalious. Mr, Frend rcnilk-ctv, par- ticularlv, the manner in w hicli this was liatLt!. ''j ou knoA, iuitl he, to Mr, l''arilh, that as tult)iirs you take notice of men on tv. o accounts. Thole, \'. lio ha\c al)i- liries and iiidultry, you take notice ot tor thcirov.n i.ikc-s, ai]d are liappy in ihcwing them jiarticuhir att u'ion: r LI Okh'-TS, L 258 ] others, not at all diftinguiflied from the common mafs, come frequently with recommendations from common friends, for whofe fakes they are entitled to a degree of attention. To the former clafs, Mr. Kilvington had no pfetenfions ; on the latter account, he had a right to ex- ped: the notice fliewn to him, which did not however equal the attention paid to feveral of his fellow ftudents, from whom I have received a very different return, and w^hom I am happy to fee dirtinguiiliing themfelves in. more laudable purfuits. N. VII. petition for tlie removal of fubfcription to articles and confelFions of faith. To the honourable the commons of Great Britain io parliament afl'embled. The humble petition of certain of the clergy of the church of England, and of certain of the two profellions of civil law and phyfick, and others whole names aro hereunto lublcribed, Sheweth, That your petitioners apprehend themfelves to have certain rights and privileges which they hold of God only, and which are fubjeft to his authority alone. That of this kind is the free exercife of their own reafon and judgement, whereby they have been brought to and confirmed in the belief of the chrillian religion, as it is contained in the holy fcriptures ; that they eftcem it a great blclling to live under a conftitution, \\ Inch in its original princi])lcs cnfures to them the full and free pro- fcilion of their faith, having afll'rted the authority and luiiicicncY C ^59 ] fufficiency of holy fcriptures in all thin:' f. rij~:;:r( , to clixi'.'.L' coririnr.i'.ni.s uiui criulc nn;- I.;;:! tiilii'.c !;vt\'.cc']i IcMow p;-<)Uii:i;;L:, : as ir ^y:^ an h.:!ul''/ ;o ij/bc.':c:\ ers ;-' ;'c-p!'(i,.vh ami \iIiJ;, ih^ *-'"'';'^ 1, i ' b> [ 26o ] by reprefenting them, when they obferve their diver- lity ot opinion touching thoi'e very articles which were agreed upon for the lake of avoiding the diverlities of opinion, as guilty of prevarication, and of accommo- dating their faith to lucrative views or political con- lideratious : as it affords to papifts and others difaffedled to our religious ellablilhments occafion to refleft upon it asinconliilently framed, admitting and authoriling doubt- ful and precarious dotlrines, at the fame time that holy fcripture alone is acknowledged to be certain and fuf- licient ior falvatlon : as it tends, and the evil daily encrea- fes, unhappily to divide the clergy of the eftabliflnnent theml'elves, fubjefting one part thereof, who aifert but their proteflant privilege to quelfion every human doc- trine and bring it to the teft of fcripture, to be reviled as well from the pulpit as the prefs, by another part, who feem to judge the articles they have fubfcribed to be of equal authority with the holy Icripture itfelf: and lafUy, as it occafions fcruples and embaralTments of con- Icience to thoughtful and worthy perlons in regard to entrance into the miniitry or chearful continuance in the exercife of it. That the clerical part of yoiu- petitioners, upon whom it is peculiarly incumbent, and who are immediately ap- pointed by the Itate to maintain and defend tlie truth ;is it is in Jefus, do find thenifelves under a great ref^raint intheir endeavours herein, by being obliged to join ifTue with the advcrlaries of revelation in fuppofing the one true fcnfe of fcripture to be exprefi'cd in tlie prefent eitabliilicd fyflem of faith, or elfe to incur the reproach of having departed from their fubf'criptions, the fuij/icion of inlincerity, and the repute of being ill-affected to the church; whereby their comfort and ufcfulncfs among their refpccfive flocks, as well as their f'ncceis agi^inlt the advcrliirics of our common chriliianity are greaily ot-.Jh'ULled. Tlr.t [ i6i ] That fuch of your petitioners, as have been educated with a view to the icvcral profellions of civil law and phy iick, cannot but tliink it a great hardlhip to be obliged, as are all in one of the univerlities even at their firlt admilFion or matriculation, and at age fo immature for diftiuifitions and decilions of fuch moment, to liibfcribe their unfeigned alTent to a variety of theological propo- fitions, concerning which their private opinions can be of no coniequence to the publick, in order to entitle them to academical degrees in thofe faculties; more ei- pecially as the courfe of their Ihidies, and attention to their practice refpeclively afford them neither the means nor the leifure to examine w herher and how far inch propolitions do agree witii the word of God. That certain of your petitioners have rcalon to lamer t not only their own bi;t the too probable misfortune of their Ions, who, at an age before tlic habit of rencftiou can be formed, or their judgement matured, uuiii, if the prefent mode of fubfcription remains, be irrecovcrab.iy bound down in points of the higheil coniequence to tlic tenets of ages lei's informed than their own. That, whereas the firft of the three articles, enjoined by the thirty-iixth canon of the church of Enp^hind to be fubfcribed, contains a recoo-nition of his majeilv s (u- premacy in all caufes eccleliallical and ci^i], your ]-,ct,- tioners humbly jjrcfume that every fccurity projmitd by fubfcription to the faid ariicle is fully and i {Icctiii'lly provided for by the oaths of allegiance ar.d riinr(.ir.;u;> , prcfcribed to be taken by c\ery diacon iuui piicii at ihrw '.'rtlination, aiul by every ivrLHlu:;ic in both in!l\en!i';< . ^'our j-.ctitioi'CTs, iie\crth(.icl.--, arc ready nid. v. jlln.o t') gi\e anv iartlur teiliinw ,v, v.l.Mi ni,.y be llie,!;' mi fxpedieni, *-l tli(.ir alfeclion lor h:s inaje'.ly :, |-cTi(M^ ;:v;l '^/)\(Tnuicr.r, ol iheir attaclnnenr a'.ul diuiii:! iiilv.'/iii.iMi i;i(hiLich :i:id ll:Ue, (*f tlieii ..llioiTenei . : .he i.nl.rd- li. ifl I 262 ] tian I'pirit of popery, of all thole maxims of the church of Rome which tend to enflave the confciences or to un- dermine the civil or religious liberty of a free proteftant people. Your petitioners in confideration of the premifes do now humbly fupplicate this honourable houfe, in hope of being relieved from an obligation fo incongruous with the right of private judgement, io pregnant with danger to true religion, and fo productive of diftrefs to many pious and confcientious men and ufeful lubjecfls of the Itate; and in that hope look up for redrcfs and humbly I'ubmit their cauie under God to the wifdom and julhce of a britilii p:irliament and the piety of a protellant king. And your petitioners fiiall ever pray, &c. This petition, figncd by about 250 perfons, was pre- fented to the houfe of commons on Thuvlday tlie 6th of February, 1772, by Sir Wiii;a;n r.lcreditb., and, after nine hours debate, w'as rejected an a diviiion by 219 again 0:73. i \ D j: INDEX. Absolution ufed in the imiveraty, p. 177. Acta curix, p. i. M- 33* 64- 80. 84. 168. 172. of the delegates, p. 190. 207. 212. 237. Appeal to the villter of Jefus college, p. xxi. -to the univerlity, p. 188. Articles of acculation againft Mr.Frend, p. 8. C Canon of the church, on drefs, p. 127. Citation of Mr. Frend into the vice-chanccllcr's covu-t, p. 3. into the court of delegates, p. 192. D Delegates, conduJl prefcribed to thcni in the bedell'i books, p. 200. Ely, bifliop of, letter to Mr. Frcnd, p.xxxii. Evidence of Alger, Harvey, p. 16. 29. 74. Bowtell, John, fen. p. 29. 40. 70. 73. BowtL'll, John, Jun. p. 3(^1. 4j. 71. Dickens, C. Rev. LL. J3. 11.31. E\erl'od. '1 !:c l}i'e:n ot efpionagc cllahliihed in li.is :\.\-'.' :\^ i:ii,,;l;t Le I'lought a ground to deter every (iiie liova i|K.ikiiig frccly on Iw in'portant a to- piek ; b;.:t wilh ir'-c ;: operate;, in a tiilVerent nianiier. The r.iiiiilier is r.i.'i! lei.in.r lii'> iiive:;ti":i to dileovcr, hv the bafi,!l a^.c;:! .;, the reii;i;-'.eijl.3 oi iir.iiv iilu.ils . he muil: wiih o thcreTnc therefore to be acquainted with them withcur trouble ; and the eafiell way for every one, who lias an opportunity of doing it, is to avow them openly. Thus tlie general fenfe of ihe nation will be in time uifcovered ; the advo- cates for univerfal fufirage and annual parliaments, will be feen to occafion no real ground of afarm to any one. We are in a minority, and profefs to ufe no other efforts than thofe of argument. Should we become the majority^ there cannot be a doubt that tlie minority will comply with the new meafure, with the fame eafe as we do with the old. The change would be produced without confu- fion ; and as the fuiTrage has been taken away, in my judgement improperly taken away by parliament, from cerlain dcfcriptions of perfons witliout confufion, fo the fuffrage may be enlarged by the fame authority, and no one will have a reafonable groutid of complaint. In this however and other fentiments, which I have adopted, let it not be fuppofed that all thofe whofe fricndfhip I enjoy concur with me. They may fee thefe things in a Tcry different light ; and can claim only from me, that no improper influence fhould have weight on my mind, either in the purfuit of truth, or the declaration of my fentiments. On thefe terms alone friendihip is defirab'e; and, as on thefe terms I have lived, 1 hope I fliall con"- tinue to live on the fame terms in harmony with men cf dificrent religious and political opinions. I cannot conclude tliis preface without obviating a re- mark, which might otherwife be made by the readers of the following pages, who, when they fee fo many emi- nent names employed by the univerfity as connfel, might think mv caufe weakly fupported in the king's bench. But ftrength depends not on numbers, but ability to in- veftlgate a quefllon , and on the latter ground, we were not fearful of entering the lifts with our antagonifts. Mr. Gibbs's merits are defervedly (lamped with umverfd ap- plaufc. plaufe, and are far above the teflimony of a private indi- vidual : but my friend, Mr. Raine, might by fome have been confidercd as not of fufficient {landing at the bar, to take upon himfclf fo large a fliare of the pleadings, when he was to be oppofed to veterans of the art. In- dependant of the intered which he took in this caufe, there were other realons, which induced myfeif and^ friends to place the utmoft reliance on his exertions. "We were, from his progrefs through one of ouv chief fchools and the univerfity, acquainted with his diltinguifli- ed merits as a fcholar ; and were convinced, that the fuperftru^lure raifcd on this foundation could not, when his abilities had an opportunity of being difplayed, fail of promifing him equal diilinction at tlie bar. Thus, notwithftanding our ill fuccefs, it gave us pleafure to hear, that our caufe could not have been in better hands, and that nothing on our part was wanting for the infor- juacion of the court. I muft here too take notice of a circumRance, which was n'jcrrtioned to mc during the time of writing this preface. A dignitary of tlie church lately dcceafed, oLferved, on reading the account of the proceedings in the univerfity, that my denial of any attempt to profclyte my pupils, when tiitour of a college, was overthrown by a remark of my own upon another occafion ; namely, that ten thou- fand booI;s of various fizes, written by various authours, had been iliilvibuted cither by m-yfclf, or others under my direclioii, frrni the place iu wliicli 1 then war. 'i'his worthy dignitarv ditl ik/l make a (lilline^lion with rcfpecb tu t]:e tinics wlicn tlicie bo(ks were diflributcd, or the fuhjccts of thcni. I fpccificd intlecd two fubjecls, the flavc tiade und ihe toll a(Sl, which mi^'ht have led him to roiKluch', ti)at manv of the books, if they had been dil- trihiitKi ,in;! which have given rife to fo much pcrfecutioii. Proceedings in Jefus college^ and confcquent application to the court of king's bench. The cabal fucceeded in their plans ; and it could not be Condua of cer- othcrwife, when the accufers were either tain fellows of judges tliemfelves, or acled in concert with Jefus co'.i'ege. the judge: but, as they had brought for- ward fome ftatutes, as a pretext for their conduct, it was thought right, that the legality of their proceeding? fiiould be inveftigated. Certain fellows of Jefus college had begun the attack, by writing to the bifhop of Ely, theiv vifilcr, and the vice-chanceller of the univerfity, on the fubj:e6l of the pamphlet ; and, as they had thus put them- felves on the footing of accufers, there feemed to be an ap- parent inconfidency in their prefuming to fit in conclave on the merits of the work, and to become the judges, as well as the accufers, of their colleague. But from thefe men delicacy of conduct wns net to be expc6led. They had written to their vifiter ; he very kindly defired them to do the bufinefs themfelves ; they were happy in the certainty of having their mcafures confirmed, and the fta- tutes, they knew, were a nofc of wax, which tjiey could break when they plcafcd, or convert with eafe to the in- jury of another, Prefuming, therefore, to B^.akc them- fclve? C 7 3 fclves the judges of a book, written by one of their col- leagues, with unabaflied foreheads, they fct themfelves to work ; tliey found a ftatute, which declared, that men of bad morals fhould be driven from the college ; and, with impudence inconceivable, thefc very men, who could find only one fellow befides to be of their party, johied with the mailer of the college, in declaring the writer of a pamphlet driven from his college, till he, to whom they had not alledged any immorality, or any crime, could bring proofs of his good behaviour. The bifhop con- firmed the fcntencc ; and thefe fellows enjoyed a triumph, by which the ftudies of their colleague were interrupted, and the plunder of his property was chiefly divided among themfelves. Application to the An application was made to the courtof kui.^'s ben.h ^^^^^ ^f j-'^g^g bench, on the ground, on the college pro- , ^ . . n n 11 that no crime asfainlt any Itatute had been pointed out ; that the flatutc, on which the fentence was founded, required the concur- rence of a majority of the fellows; and that fix only, out of fixtcen fellows, had concurred in the fentence of amotion. The court rcfufed to attend to this application, becaufe tliere was a vifitcr, and the decifions of a vifiter are, it now feems, to be confidered as final. The ufurpation of the mailer and a few fellows of the college being thus fanc- tioned, very flight hopes could be entertained of redrefs, nnlefs fome important and defirable changes tiike place in the political world : and, the college caufe being dllmifled, the proceedings of the univerhty remained to be taken into confidcration. B 4 Prueediri^: E 8 3 Procetdings in the umverfUyj and confcquent appUcatioH i9 the court ofkln^s bench, Proceedings in the The nature of thefe proceedings univcrfity. is HOW generally known. A cabal, diilinguiflied by the name > of the twenty-feven, or the cubicks, met at the houfe of the vice-chan- celler, and determined to profecute the authour of* Peace and Union : he was cited, in confequence, into the vice-chanceller's court, which, confuming eight days in the hearing of this caufe, condemned him to banifli- ment. From this fentence an appeal was made to the fcnatc of the univerfity, in which the cabal, with equal activity, interelled itfelf in the election of delegates, and appointed fuch perfons as, either from a declaration of their fentiments, or other fufficient ground of prefump- tion, it conceived, would confirm the fentence of the vice-chanceller. The proceedings of the delegates were conformable to the wifhes of the elc6lers, and totally in- compatible with either former ufage or the nature of ap- peal. Tliey cited the appellant into their court ; whereas the true mode was for the appellant to call upon them, and requefl: tlieir acceptance of the delegation j and one of the lawyers feemed, even by his outward deportment, to confidcr hlmfelf as counfel againft the appellant. Whether there is fufficient ground for the report, that Dr. Jowett, one of the mod active of the twenty-feven, accompanied by Dr. Alilner, did really confer with Sir W. Wynne on the fidijecl of the appeal, previous to the meeting of the delegates, time alone, or the pofitive de- claration of thefe perfons, can difcovcr \ and it is men- tioned here, that, if innocent of the charge, they may do themfclvcs iuflice, by a pofitive difavowal of the fa6l. .Suffice it, that the appellant neither diredlly nor indi- rciftly had any communicaiicn vith the delegates j that ':; he f 9 ] lie knew not by whofe means they came Into courf, (o well prepared with documents, as to excite a conjeflure, which their readincfs in determining almoft confirms, that they had prejudged the caufe ; and, if there really vt-as a communication between them and the twentv- feven, or the heads, on the fubjcSl of the appeal, fuch conduct mull be confidcrcd as a confequencc only of that grofs injuftice, which was apparent in the onfet of this profecution, and as another infult offered not to an indi* vidual only, but to the body of the unlverfity. It would fcarccly be neceflary to repeat here the motives Ob" 1 f t' ^^ ^^ appeal to the fenate, if the fubjecb appeal to the fe- had not been much mifunderflood and 3te. mifreprefcntcd, not only in various com- panies, but by the chief juflice himfelf, fitting in his judi- cial capacity. The laws of the univerHty require, that every appeal from the vicc-chanceller's court to the fe- nate fliould be made within two days after the pafTmg of a fentenCe ; and a ncgledl in this initauce would render fu- tile every other attempt to obtain redrefs. Had the appeal not been made In the prcfcnt inflance, when the caufe was confefledly tri-d in die vice-chanceller's court, the king's bench could not have tiiken cognlfance of it ; for the reply of the unlverfity would have been, that, If Injuf- tice had been done by the vicc-chanccller, a mean of re- drefs was open, by an appeal to the fenate. Thi^ lias been ftated in another place, but the argument has not been properly confidered : on the connary, it luis been alTerted, that by an appeal to tli^ fcniiie an acquicfeencc w:is implied, in the propriety at lc..iil of a tii;il in the vicc- chanceller'.s court; wliereas tin- only i-.-ifon for lucli ;ni appeal was to obtain aecefT lo the eourl ri hin-/:? b.nch ; and it caiuiot be fuppofed tliat a:;y ;,',rc;it e.xpeclation of redrefs was formed from a incetin;.^ uf (!ele;^utc- , \.hcn Ir is confidcrcd, thut the i went vfe-.cn niuved heaven .i::d e;irth t 10 1 earth to fecure their own men, whilft the appellant not only made it a point of confcience not to interfere in the election himfelf, but pofitively refilled every mode, point- ed out by the zeal of fricndfliip, by which the career of the cabal might have been checivcd. Yet what can refifl: the influence of intrigue in publick bodies, as fociety is at prefent conflituted ? When men are loll t;o all fenfe of decency and honour, when they fcruple no means to obtain a certain end, when they ufe every argument that can be applied to the paflions, the prejudices, or.the inte- left of the voter, what cliance has the individual, who re- lies only on his own integrity, and the juflice of his caufe, and difdains the ufe of thofe arts which infure fuccefs to his antagonifts ? Grounds of the ap- The delegates, by confirming th.^ fen- pNcation to the court ^^^^^ ^^ ^|^g vice-chauceller, paved of king's bench. - i- -i ' ' ' the way tor an application to the court of king's bench, which was made chiefly upon the 1*01- lowing grounds : That the pretended offence was not cog- nifable by the flatute under which it was tried ; that an offence agaiiifl that ilatute was not cognifable in the \ice-chanceller's court , that the recantation propofed dia j;iot fpecify any errours, by which the flatute was vio- lated i and that the fentcnce pronounced was not itfelf agreeable to the Ilatute. The two former points were affirmed to be evident from the words of the flatute, the nature of the vicc-cl:anceller's court, and univerfal prac- tice -, for not an inflancc can be produced of a pcrfon, being puniQied, under the above-mentioned flatute, for refufing to retra6l any opinion publiflicd only in writings, nor an inflance of any perfon being puniftied under this flatute in the vice-chanccller's court, though there are fevcral inilances of perfons being convened before the vice-clianccller and heads for a violation of this flatute, and C " 3 tod treated in a very different manner from tliat \ilnch a court of law requires. Cafes referred to. ! fupport of thefe Opinions references were made to the cafes of Clnri;, Brown, Browning, Milayn, Chadwick, Johnfon, Bambridgc, Baret, Baro, Whillon, Duckctt, and Waller, which, it was fuppofed, would have thrown confulorable light upon the queftion ; and, as they contain much curious information on the progrefs of religious toleration and in{lru"iid'i cafe, wii aware of this dillinftion, and hefuatcd on tl-.c uv' pnety of ac^ ep:i::g the appeal ; which, in- 4e;d, he could ."ot have admitted, if the fcatfr.i.c of hanirtimcnt had followed J refufal to recent, in the m.an:ier ^rc.po-ci 'uy tiic vicc-chaixeller and liL-jis alTembled in private, ai-d i.'>-t !n tl.e vi^c-ci-a'.tciicr'i court i but he felt ih.e fo;ce ijf truth; he k:.tiv that he lu : h'^r. a^ti-.^ '.i: hii O'.vn ccurr, from '."f. .h ihere hes an a^-j-tnl tj the ffrii"; J.;d upon this ijljeit tl.c rrroneauj opi(::i;i cf Lord Krnv^n y.'.i'; '-[on t}.- f.^'iitt/t iayP.,?avoi: of the tnattcr, le c.i '.y f -572 Jarv. ly. Johinne'^ BiO'vniii?, M. A. tt focius c-ilifg:; ^. '1 rin Mii j-cr D virtcancellarium dc .li'l-iilu jnx- pcfUorum, ftil. D.I). P?air.c, HiA.irJ, K '.k^, Mcy, Wiiitjyfic, Chadtrtoii, Harvey, Siic|lieiJ, Gctci, A; ;:; !:c, iorii.:..liiur caiceil !e Talbolhc. V.o qiinl prohibit.is ('cr doctoicm \>hileiit, f!f j.i:taui:n I). vlccciucclLiiii, nc coiuiciu- ri-iur, q;!;a jccuf-.h !l::i '( i. i]:'.c]oi,r . .rn:;'' ' ] >i1i;n:c [-cr ipf'jni (iiolii.r, (m UKiCn i>:\>^.iV. ,'.(,::': i\-\\ :'; c ^vP i :: ;; j. ;l. Rr^i'^r- Acidtm, '-.ti;!.!-'- BROWN'S [^6 3 BROWN'S CASE. IN the fame year 1572, Brown was convened bc' fore the vice-chanceller and heads for two fcrmons, the one delivered on the Sunday before Chriflmas, the other en the 25th of January following, on which it was objeled to him : ift, that in both the faid fermons he ut- tered doctrine and reafohs tending to the infringing of the order and manner of creating or electing minifters, or the regiment now ufed in the church of England, or tending to the corrupting of Mufculus's reafons, whereby the (aid Mufculus would eftablifh the faid order or regiment now ufed. 2d, That he faid no pricfts, made in the popifli time, ought to have any function in the church of Eng- land, except they were called again, or words tending to that end. Brown's account Upon thefe articles he was frequently ef the meeting. called before the committee, examined by it, treated fometimes with harflmefs, fo far as to be confined to his rooms, but, according to the vice- chanceller's account in his letter to the chanccller, every delay was ufed, upon the hopes of farther conformation, 2nd that by reafcnable means he would be ruled. Brown wrote alfo in July 1573 to the chanceller, and gave the following account in Latin of his treatment. " Five months ago," fays he, " I preached before the univerfity, and, in the opinion of thofe who felt themfelves hurt by my cenfures, inveighed againft certain vi&es with too great afperity. In confequence I was convened before your vice-chanceller and the heads. Certain articles were objected to mc, but there v/a:. not an aceufer : and, when I perfilted in it, that fuch things never came into my niind, much Icfs that I had propofed them to the people, fume men in the univerfity were fent for, who being fup- pofcd [ 17 3 ^ofed to have been prefent at my fermons, were com- pelled to relate upon oath, what they had heard me fpeak, and to leave their declaration in writing figned with their own hands. By thefe very declarations, if the heads had al:ed according to law, I mufl have been ac- quitted : for fome of thefe hearers freed me from every fufpicion, others heard nothing at all, others hefitated much in giving any opinion. U was however deter- mined, by what mode of argument the heads only know, that I fhould retral propofitions, which I really never taught, though fome perfons with bad ears dreamed that I had taught them ; and this Condition was added, that, if I refufed, I fliould not only be expelled my college but banifhcd from the univcrfity." After fome obferva- tions on the recantation and the difficulty of plcafing men, who would prefcribc the voice and geflure, with which it ftiould be performed, he continues : " Let it fuffice that an innocent man has been called very often before the heads, has been examined, has been confined to his rooms. Permit them not to cut me off* in the ca- reer of my ftudies, to deprive me of my livelihood, to take away my cliaracler, to drive me into banilhment, cfpecially fmce I confine myfelf within the royal laws, which I have fubfcribed before the vice-chanceller *." This application, however, did not meet with fuccefs : he complied with the terms of the meeting, and in the November following made his recantation f : BROWN'S RECANTATION, WHEREAS I, preaching in t/iis place the fun- day before Chriitmas, and alfo t!ic tv.-cnty-fifih of January laft pad, was noted to have pieachcd of- fcnfively, fpeaking as well againft llie manner and >* Ap. to Strype'i Life of V^-'r cr, Ixrx i il.J. iv. J?- C fjrni C i8 3 form of making and ordering of minlflers and ilc3' cons in the church of England now cftablifhed and al- lowed, as alfo againft fuch priefts as were made in king Henry's and queen Mary's time, faying, that they were not to be admitted into the miniftery without a new call- ing, I let you all to underftand, that I never meant fo. For I do here acknowledge, and openly proteft, that the manner and forrh of ordering of minifters and deacons in the church of England now eflabliflied is lawful and to be allowed. Item, that the pricfls made in king Henry's and queen Mary's time, now allowed and hav- ing or exercifing any fun6l;ion in the church, are lawful minifters of the Word and facraments, without any new ordering otherwife than is prefcribed by the laws of this realm.'^ MlLAYN's CASE. THE troubles to which every man, who diflentcd in thofe days from the ruling powers, was expofcd, did not deter Milayn, a fellow of Chrift college, from declaring his religious opinions. In O^lobcf 1573 he publickly preached at St. Mary's do(S\rine (ligmatifcd us erroneous, was convened for it before tlie vlce-chan- tellcr and heads, acknowledged the preaching of fuch doctrine, v.as often required to confcfs his crrours, but on refufmg to comply with the exhortations of the meet- ing, and calling on the contrary upon it to receive his doctrine, was baniflied from the univerfity. This is the account given by the vice-chanceller by letter, as was ufual in thofe days, to the chanceller ; in which he Rates, " that among other things Wllayn er.tered a difcourfc of " the ordering and making of minifters, of fafting, of " faints eves, of kccpir.g tlicir days feftival, avouching " thcfe concjufions : i. That the ordering and making *' uf minifters, nt " i:ied in the chuvcii of Englarid, is an i( 1 lornbie C 19 ] " horrible confufion, and contrary to the word of God, ** 2. That ignorant minlfters were no minifters. 3. That " to command faints eves, as of the apoftles, the virgin " Mary, &c. to be fufted, is abhominable idolatry. 4. " That to command tjie fame faints days to be kept and * obferved as holy days, is abhominable idolatry ." Contents of fhe vice-chanccller befides enclofed a ^''">"'' ^""'''''- brief extraa of Milayn's fermons, and committed a large report to Mr. Rowland, the bearer of the letter, and who had alfo himfcif endeavoured to re- fute, in the fame pulpit, the grievous errours above men- tioned. As it is curious to fee on what points the heads were fo much offended, and what were the fubje^s of difpute in thofe days of pretended reformation, the re- port is here fubjoined. ** The co7itents cf a ferrv.cn ^ pr:ached at St. Alaries in Cam- bridge , by one Mi 11 ay n, fellow of ChriJTi college : cgii:?if} the minijlrie cf the church of E>igLvid. ** Firft, That Ignorant mlnlflers were no miniflcrs, be- caufe they were not chofcn by God. For they which were chofen by God, them God had always endued with underftanding fufiicient. But in thofe were found no fuch fuihclency. Ther;.'rorc tlicy were no minliiers. *' Secondly, That other minlfLers, wliicli were l.>oth (\.\^.- ficicnt to anfwcr their cliarjjc, and alfvj rer.dy a:id willing to take upon them t!ie clurrgtj of the irniiiilry, wcnr partly rejeded from th-ir fup.clion by the tlcrizy ; p:;nly not called llicrunto. It is not liwial to inliii'.t liim to tlic miniftry tha- cwww. t pr;;ac!:. Aji;! rl.orc!ovc ilicrc Is In- vented a new nii::!ll-y, i;;iii:;-l;-, a vnuli.:^ r.iinillry. * S:i-t'. Mfc of V/l:i:;:::t, 1. 8. C '2, "Thhd'.-, [ 20 1 ** Thirdly, That the clergy of England do net only not advance and fet forward the edifying of the church ; but as much as lyeth in them (and this point he did exag- gerate mervaillouily) they do deface, hinder, and pul down the fame, in maintaining both advoultrye and ido- latry. Firft, advculti-ye was divers ways boulftred, con- trary to God's word, by the pope's law, called the canon h%u. Gonfidering, that by the canon law, if a mark or woman be never fo much fufpecled of advoultry, if the party bring forth twelve to fwear, that they think he hath not committed that crime, he is by and by cleared; wherby many advoultries are boulftred. " A minifter, not being rightly called by the congre- gation, is no minifter. " He that is negligent, and maintaineth officials, is no minifter; and fo ought of the people to be accounted. " Again, They maintain idolatry, in allov/ing and de- fending hoiydays of faints, and fafting on the evens. '* Fourthly, That the common fort of the clergy, which, although they had learning, v.'ere either negligent in teaching, or preacliing, or dilToIute in their lives, were no preachers, nor minlfters before God. And fo he per- fuaded the people to take them ; urging aho an earncft and cffetual reafon therefore, viz. That they could (hew jio proof of their preaching : chalenging any of them out, to fliew what one foul they had won by their preaching ; afhrming, that twtilve diligent men would do more good, ia al England, than al the preaciicrs that now be. *' Fifihly, That our calling of the miniftcrs was not law- ful, becaufc they were not called to any ordinary funclion, nor t'o any certain puce of the miniftry ; but were made (as t 21 ] (as "he faid fome of them made this excufe) palloTS of Englamly not of any private or certain place : which, he faid, was clean prepoftroully don : and that ratlier a paftor of England might make a bifhop of Lincoht^ than the bifliop of Lincoln might make a minifter of England, " The prince admitting a bifliop, called him to an ordi- nary function. What, faid I, to a function ? He flood very much upon that point, to perfuade the people, that there was no minifter now ; and that they ought to look to the matter, it being fo weighty, and their fouls lying upon Lt*." ST^nTH's CnSE. WHEN no one is permi;;ted to difcufs an impor- tant fubjel:, the peace of the univcrfity is faid to be well preferved ; and this kind of peace feems to have been maintained till the year 1$^^, when the acl of parliament for the better obfervance of the Lord's day cccafioncd fome difputcs on the nature of the fabbath, and the propriety of keeping funday, from evening to evening, according to the law cftablifhed for the jewlfli fabbath by Mofes. For certain opinions maintained in a latin fermon on this fubjccl on afli-wcdncfday, John Smith a mafter of arts was convened before the com- mittee ; and in its prcfence on February 2 1 fubfcribed a confclFion, that he had declared araong other tliini^s in his fermon, " That the plays at faturday and luiiday at night were breaches of tlic chrilHan fabbath. On fun- day, for that they were at it before the fun was fct : on faturday, for difabling their bodies for tlic fabb.ith duties." On the 26th he appeared again before theconj- Aj). to '.VhUiiiU'b Life, [.a^e ) 6. C 1 mittec aflcmbled In the great chamber * of the vice- chanceller in Queen's college, when certain queftions arifing from his lermon were propofed , in fom* of which Smith agreed with, in others differed from, the commit- tee. The queftions propofed were : 1. " "Whether the chriftian fabbath is to be kept jure divino from even to even ?" Snvith and the reft anfwercd negatively. 2. " Whether the time of the Lord's day is to be con- tinued jure divino by the fpace of twenty-four hours ?" Smith anfwered in the affirmative ; all the reft negatively. 3. " Whether the chriftian fabbath is broken, when fome thing is done, which is not neceflary or religious ?" Smith anfwered affirmatively ; fo that neceffiiry be not too ftri6lly taken. All the reft negatively ; fo that thofe alions do not hinder religion, or are not an oiFence to the brethren. 4. *' Whether chriftlans are bound fo ftrlclly to the obfervation of the Lord's day In refpel: of works, as the Jews to the obfervation of the fabbath ?" Smith and the reft anfwered negatively. Upon the whole, Smith promifed to explain his opi- nions more fully in another latin fermon, to be firft fhewn to and approved of by the vice-chanceller ; and, as no farther notice is taken of him, it is to be prefumed, that his dilcourfe gave general fatisfalIon. The mode of condu6l purfued in this cafe evidently proves, that, fo * The words of the rcgiftry are in r.iagnd camera ; and there is not the leaft appearance of a court of law in the tranfadtion. The whole was clearly done, as in all other cafes of this fort, by conference. far I 23 ] for from not fpecifying errours, the great bufinefs of the committee was to find out the errours, to point them out to an ignorant or tenacious preacher, and to be fatisfied with the eafieft and ieaft ignominious mode of recanta- tion *. CHADWICK's CASE. ABOUT two years after, offence fecms to liarc been juftly taken at a fcrmon preached at St. Mary's by Charles Chadwick, M. A. fellow of Emanuei college, in which much abuGve language was ufcd on occafion of the non-refidence of fome members of the univerfity, particularly the governers of colleges, whom the preacher called murderers of many thoufands. For this fermon he appeared on November 2, 1587, before the vice-chanceller and five doiSlers, who are {tiled juRi- ciarii dominae reglnse, and entered into a rccognifancc of fifty pounds, to appear in pcrfon, or by his attorney, before the vice-chanceller, whenfoever legally fummoned, to anfwcr for it, and to any other perfons, who were in- jured by and Intended to profecute for words then and there uttered. In this cafe tlicre were profecutcvs -, and the caufe was of a different nature from thofe f tliat were brought by the fiatute, under the infpcdlion of the committee, and treated therefore diflereutly : it was a caufe of libel and criminal accuHition, and a recantation would not have fatisfied the pcrfcns inuired ; bur, from Strype's Anmls, iii. vol. i. b. c. :7. A. ij'^J. + Tlif dotflcis btfore whom !ic ippc ;;eJ aro j ll'K'ijri: don.'r.v re;;n.T. There -Acrc profciuleri. lie \v:ii iji).:iid in re,-og:!i:.ui .c to appcii b'-.orr (! , vice-r'..ri'.ellcr !.e wa^ lUbl'^ to [Tolcculion i.i tli' court fio:n ,i \,ui-ly i.t f :r'.or. . he mi,:ht apreir !.y himf-lt, or atton;Cy, n in a ctiniinal ^.^',', !i:. .1 coulJ not be don^. whcic njihioii; on'y v.crc to h- ilil.ur.r.i, 1:1 1 .1 .r.:n:t.J > t'j b; pra^ofeJ. [ 24 1 an imperfection in the regifter, the punifhment afligned for this offence cannot be afcertained *. BAMBRIDGE and JOHNSON. IN the next year the univerfity was in confiderable degree of ferment, occafioned by the fermons of Cuthbert Bambridge, and Francis Johnfon, fellows of Chrift college, againfl the epifcopal government of the church of England. For thefe fermons they appeared before the vice-chanccller and heads on January 23, 1588, and being required to anfwer upon oath the queftions propofed to them, and refufmg to comply with this requifition, were committed into fafe cuflody. Againfl; this conduct they protefted, declaring at the fame time their readinefs to appear before the chanceller, to clear themfelvcs of any crimes laid to their charge, or to receive any punifhment which he fhould afiign. Both parties wrote to the chanceller upon this occafion, who, in reply to the letter of the heads, intimat- ed, that there had been too great feverity in their pro- ceedings , and recommended, that the two' delinquents " {hould not be dealt rigoroufly withal." The heads an- fwered, " that they dealt with them in civil and courteous wife, with offer of conference, as of intent to perfuade, and not to force them ;" but the preachers, taking ad- vantage of the chanceller's exprcffions, infifled upon it, that, as there was no mention of anfwering upon oath, he was clearly of their opinion. This occafioned another letter from the heads, to learn the chanceller's mind con- cerning the oath ; and he, in return, told them plainly, that they had taken a very hard courfc indeed with the preachers, by detaining tlicm fo long in prifon. In their next letter, the vice-chanccller and heads endeavoured to Strypc's Annals, iii, vol. z. b. c. i :. A. 1587. vindicate r 25 1 vindicate themfelves, acknowledging *' it fo to have been, if they had not firfl eflayed by all good and gentle means to prevail with them (the preachers);" but as the law allowed it, and " it was to be juftified by the word of God, they thought they were bound, as in convenience and equity fo in difcretion and duty, thus to precede." Some reflecSlions were thrown out agaiuft the difciplina- rian party -, and they urged, that *' they found by expe- rience of this one dealing, that the fame had done no little good in the univerfity ; for that fince that time, fome ftirring tongues had been very quiet, who before fpared neither (late nor perfons of the greateft honour and merit, living nor dead." This letter was fubfcribed by the vice-chanccller and four heads ; but two protefted openly, and one privately, againll their proceedings. Their fate 'f he caufe being now before the chan- uncertain. celler, the opinion of the civilians was taken, for his information, who determined, that *' the parties here were bound by law to anfwcr upon their oath ;" and it appears that the preachers did in confe- quence give an account of their fermons upon oath, and anfwers to the pafTages declared exceptionable in then*. It would be tedious to tranfcribe the whole of this con- troverfy, as happily in the prefent days it is confidered of little importance : but the filth article againfl Bambridge, which probably gave the greateft oiTence to his judges, deferves, for the fake of ihcwing the fpirit of the times, to be here inferled. It runs thus : 5. " If you mind in- deed to awake. As the he had irreverently rcflejftcd upon the flcepinefs of the docloio at fermons." In re- ply to which ho fays, " To the fifth 1 aiifwer 1 fald thus, dirciSling my fpcccli to the dociors : If you defirc indeed, I fpeak it with reverence, that the y ihoiild awake from their ilccp, meaning the towiihncn, if you uould have them forfakc the works of darknefs, a:id that Chrlil Jcfuu [ 25 ] Jefus may be heard, provide that Chrift Jefus may fpeak more often unto them." Whether the anfwers were fatif- faftory or not, from the diftance of time it is not eafy to determine : there is no account of any recantation being propofed or refufed. Bambridge was fellow of the college in 1590 ; but Johnfon, who feems to have been more violent, and who held archbifhops and bifhops to be anti-chriftian, was in J 593 a prifoner in the Clink*. BARET's CASE. THE proceedings of this petty inquifition fcem to have put a Hop for feme years to theological contro- verfy in Cambridge ; but in the year 1595 a difputc arofe, which occafioned no fmall degree of animofity between the heads and the archbifliop, the very man who had been the chief inllrument in procuring them the means of tyrannifing fo much in matters of religion. "William Baret, fellow of Caius college, in the term after Eafter, vented in a latin fermon at St. Mary's fevcral anticalvinillical doclrines, and treated Calvin and the other heads of the pretended reform much in the fame manner as they in general treated their adverfaries. It would be to little purpofe to enter into the merits of this queflion at a time, when, after many changes of opinion on the meaning of the articles of the church of England, it feems to be doubted, whether they were intended to have any meaning at allf. The nature of the proceed- ings of the vice-chanceller and heads acting under a particular fiatute is the chief point under conlideration, * Strvpe's Annals, an. 1588, iii. L. 2. c. xx. and Ap. Ixx, Ixxi. ^ S-e I'aley'a accouiit of fubfcriptior. to li.e aiticlcs, in his Moral riiilofopliy. and C 17 3 and much light is thrown upon tlie fubjel by their con- du