FQSt Frend Trial of William Frend THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES ^~^Yli T H S TRIAL OF WILLIAM FREND, M.A. And fellow of JESUS COLLEGE, Cambridcb, In the VICE-CHANCELLOR'S COURT. FOR WRITING and PUBLISHING A PAMPHLET, INTITLED PEACE AND UNION Recommended to the Afibciated Bodies of Republicans and Anti-Republicans. By JOHN BEVERLEY, M.A. .A' And PROCTOR of the VICE-CHANCELLOR'S COURT. CAMBRIDGE: PRIJITED BY F. HODSON, FOR THE PUBLISHER, AND SOLD BY J. DEIGHTON, 325, HOLBORN, LONDON; AND THE BOOKSELLERS IN CAMBRIDGE. - ERRATA. Par. It. Line II from the Bottom, for Laiu Schools Tt2i^ Senate Houfe. Pag. z4. Line 5 from the Bottom, add W. No. Pag. 28. from the Bottom of the Page dele Being, and infcrt / ELIZABETH. Pag. 3:9. Line 18 from the Top, for about rca.A about. In Pages 72 and 74, for J. Pofllethwaitc read T. Poftlethwaite. Pag. 8 a. Line 11. for nvill read luell. Pa^. 13. Line n- for could be rc2ii could fiot be. Pag*. 78. Line 32. for they read thefe. Pi,fr, 85. Line 34. read earneft and zealous. / TRIAL O F WILLIAM FREND, M,A.^v. ON Saturday the ninth of February, 1 793, the follow- ing Advertifement appeared in the Cambridge Chronicle. ** In the Prefs, and in the courfe of next week will be *' publifhed, Peace and Union recommended to the Affo- *' ciated Bodies of Republicans and Anti-Republicans, by " William Frend, M. A. Fellow of Jefus College. On the next Saturday, a fecond Advertifement appeared, ftating, that the Pamphlet was publifhed Soon after the Publication, the following Members of the Senate waited upon the Vice-Chancellor at diiFerenf times, to exprefs their difapprobation of the Pamphlet, and their wilh, that fuch notice Ihould be taken of the Author's offence, as might bell declare thecenfureof the Univerfity. W. Wade, B. D. Fellow of St. John's Geo. Whitmore, B. D, Tutor of St. John's T. Kipling, D. D. Dep Regius Prof, of Divinity J. Jowett, L. L. D. Tutor of Trin. Hall, and Regius Profeffor of Civil Law W. Mathew, L.L. B. Prefident of Jefus J. Plampin, M, A. Tutor of Jefus J. Coftobadie, M. A.*^ T. Bayley, M. A. I Fellows of Jefus T. Caftley, M. A. J J. Mainwaring, B. D. Margaret Prof, of Divinity P. Douglas, B. D. Tutor of Bene't T. Lloyd, M. A. Tutor of King's E. Kilvington, M.A. Fellow of Sidney E. Outram, M, A. Leflurer of St. JohVs B W. 10463S7 C 4 1 \V\ Walker, M. A. Fellow of St. Johns A. Frampton, M. A. L.cfturer of St. John's W. Walford, M. A.}^^'^^^ ^ ^"'^* E Bradford, B. D. Tutor of Bene't H. jowett, M. A. Tutor of Magdalen R. Glynn, M. D. Fellow of King's Jas. Wood, B. D. Tutor of St. John's G. Gordon, B. D. Precentor of Exeier J. Smith, B. D. Tutor of St. John's ]. Olderfhavv, B. D- Tutor of Emmanuel \V. L. Manfel, M. A. Public Orator T. Salmon, B.D. Fellow of St. John's ]. p^awcett, B. D. Fellow of St. John's H. Greene, M. A. Fellow of Peterhoufc G. King, M.A. 1 W. Pugh, M. A. f Fellows of Trin. Coll. R.Ramfden, M.A.-' R. Tillard, M.A. Fellow of St. John's F.J. H. W^oUafton, M.A. Tutor of Trinity Hall, and Jackfonian ProfeiTor In confequence of thefe applications, the Vice-Chan- cellor on the fourth of March, defired all the above gentle- men to attend him at his Lodge, where lie informed them, that, being called upon by fo many refpefbable perfons, he Ihould now think it his duty to proceed againft tlie Author of the Pamphlet, in fuch manner as might be thought advifeablp. Being a{l<.ed, * whether he meant in fuch manner, as might appear advifeable to that Meeting ;" he anfwered, " No ; but in fuch manner as fliould be advife- able on the whole" but added, ** that he was very ready to hear, what they might think proper to be done;" and left them in the room to confult together. The following Refolution was then unanimoufly agreed to, and depofited witli the Vice-Chancellor. Cambridge, ^teens College^ March ^ih, 1793. Refolved by the underwritten perfons, Members of the Univerfity of Cambridge, that William Frend, Mafter of Arts, niul Fellow of Jefus College, be profecnted in the Vice-Chancellor's Court, for having publicly and noto- .riouflv offended agaihii a Grace palfed by the Senate of this Univerfity in the year 1603: and that the following gentlemen be a Committee to manage the faid Profecution, vi/. Dr. Kipling, Dr. Jowett, The iVlargaret ProfeiTor of Divinity, [ s } Divinity, The Public Orator, and the R&vererxd Mr. Belward, Fellow of Caius College. T. Kipling J. Jowett y. Mainwaring W. L. Manfel R. Behvard Geo. Whitmore W. Mathew E. Bradford |. Olderfliavv W. Walford W. Wade J. Plampia H. Jowett J. Smith f. Coftobadie J. Wood 'I'hos. Salmon G. King T, Lloyd R. Ramfden A. Frampton E. Kilvington E. Outram R. Tillard W. Pugh W. Walker F. J. H. Wolla. fton Wm. Eafton W. Wilfon H. Greene On the Friday following, the five gentlemen, who had been delired to undertake the management of the profecu- tion, met to draw up an Accufation againft Mr. Frend, to be lodged with the Vice-Chancellor. But, on confider- ing the forms and precedents of the Vice-Chancellor's Court, they found, that it had not been ufual for the Accufer to dictate to the Court, under what particular ftatute the offender fhould be punilheJ. It was therefore thought necefTary, that they fhould call a fecond general IVIeeting; which was accordingly done: and on the eleventh of March, the following Refolution paffeJ unanimouHy. Cambridge^ nth Marchy 1793. <* Agreed, that the following words in the Refolution made laft Monday, viz. " againft a Gt-ace paffed by the *' Senate of this Qniverfity, in the year 1603" be relcind- ed, and that in lieu of them be fubftituted thcfc words, viz. *' againft the Laws of the Univerfity T. Kipling J, Jowett J. Mainwaring W. L. Manfel R. Belward Geo. Whitmore Wm, Eafton Henry Jowett W. Mathew W. Walford E. Bradford J. Olderfhaw W. Wade J. Coftobadie J. Smith P. Douglas J. Wood Tt Salmon i:\ J. H. WoUa- fton G. King G. Gordon W. Wilfon H. Greene T. Lloyd R. Ramfden A. Frampton E. Kilvington W. Walker W. Pugh E. Outram JB 2 On I 6 I On a fnbfequeftt day the Managers of the Profecu- tion drew up an Accufation againft Mr. Frend; which ivas delivered to the Vice-Chancellor : Dr. Kiphng re- quefted at the fame time, that Mr. Frend might be fum- moned into the Vice-Chancellor's Court, to anlwer to the Charge. Mr. Frend was accordingly fummoned to appear in the Vice-Chancellor's Court, to be held in the Law-Schools, on Friday the third of May, at ten o'clock in the fore- noon. The following account of the proceedings of the Court is copied from the original minutes taken by the Regiftrary: At a Court holden before the Right Worfhipful Ifaac Milner, D. D. Vice-Chancellor of the Univerfity of Cam- bridge, and John Smith, Richard Farmer, William Colman, Lowther Yates, John Barker, Jofeph Turner, Francis Barnes, William Craven, and Thomas Poftle- thwaite, Do6lors in Divinity, and John Fiflier, L.L. D. his AfTefTors, between the hours of ten and one, on Friday the third day of May, 1793, in the Law Schools of the faid Univerfity. Me prefent, GEO. BORLASE, Not. Publ. and Reglftr. On which day a fummons, The Office of the Judge 1 heretofore iflued againft Wil- promoted j liam Frend, M. A. and Fellow by Thos. Kipling, D. D. i of Jefus college, was returned againft | by John Beverley, Efquire WilliamFrend,M. A. and | Bedel, v*'ho made oath, that Tellow of Jefus College, j the fame had been, perfonally ferved on the faid William Frend. Mr. Frend appeared, and the Court was adjourned to the Senate Hou^e."* Dr. Colman appeared at the ad- journed court. When and where, Mr. Frend excepted to the court, as in the following paper, purporting to he a renunciation of the jurifdidlion of the faid court; which paper he read and figned m the prefence of the Regiftrary, who attefted the fame, and delivered it to the Vice- Chancellor. This Adjournment was made, as the Law Schools were too fmall to contain the audience. Mr. r 7 ] " Mr. Vice-Chancellor, <* r defire leave, before my Accufer enters on his office, to offer a few things, in the way of obje6lion to the mode of trial, adopted by him, and authoriied by you. They will, I hope, be found not unworthy of your attention. " I acknowledge the receipt of a citation from you, to attend in this plac at this hour, and my prelence here is intirely owing to that circumftance : but I wifh it to be confidered, as proceeding more from civility and refped^, than duty of obligation The reafon of which diftindlion will be obvious from what 1 am going to alledge. *' My Accufer charges me with the publication of a pamphlet, entitled " Peace and Union recommended to the aflbciated bodies of Republicans and Anti-Republicans,'* and by fuch publication, with impugning religion, as eft a - blifhed by public authority within this realm, and alfo all eccbiiaflical ranks and dignities; and by fuch impugn- ing, with having violated t!ie laws and Itatutes of this Univerfity, particularly the ftatute *' Dc concionibus." "Now the violation of the ftatute *' De concionibus'^ being made the principal charge againft me, I apprehend, that i ought not to have been cited to appear in the Vice-Chan- cellor's court, but before the Vice-Chancellor, and a ma- jority of the Heads of Colleges, all offences againft that ftatute being made cognizable by him and them jointly; and that there is no inftance of any perfon being cited to appear here for fuch an offence. The difference between the Vice-Chancellor's court, and a meeting of the Vice- Chancellor and a majority of the Heads of Houfes, I fup- pofe to confift in the following particulars : *' I. The Vice-Chancellor's court fubfifts by antientcuf- tom, and charters confirmed by an adl of parliament, and ought to be held at ftated times, for the purpofe of re- ceiving complaints, and hearmg and determining caufes. Whereas the other meeting derives its exigence and autho- rity wholly from Queen Elizabeth's ftatutes, and from the nature of it, can only be occafionally affembled, in the fame manner, that the fame or other perfons meet oc- cafionally in the Senate or other place, for the execution of othei parts of the fame fi:atutes. *' 2. The Vice-Chancellor's court is a court of record, from which no appeal can go to any of the courts in Weft- minrter-Hall, but only to the Senate of the Univerfity. Whereas, I apprehend, that no appeal can go to the Senate from a determination of the Vice-Chancellor and Heads, ading under the ftatute De concionibusy' though fuch [ 8 I fucTi determination, like that of a Mayor and Aldermsii in any civil corporation, may be liable to a review in the Court of King's Bench. " 3. The V ice-Chancellor fitting in his court, poflefles the povj?er of punifhing all offences, cognizable in it, without the concurrence of a majority of the Heads of houfes, fuch concurrence being in no cafe necefTary to punifli, but only to punifii in a particular manner.- Whereas, in the exercife of the power given in the flatute *' Dc concionibus^ fuch concurrence is in every ftep made abfolutely necefTary. ** 4. The immediate objefl of a citation into this court is punifhroent; whereas the immediate obie<5l of a citation, before the Vice-Chancellor and a majority of the Heads under the ftatute " De coficiotiibus," is not punifhment, but the revocation of errour. ' *' !i. There is no pretence from the ftatute, nor from any praflice under it, for the appointment or allowance of a Promoter, fuch office being peculiar to ecclefiaftical courts. " 6. The Vice-Chancellor has undoubtedly in his court the power of compelling evidence, and that upon oath, neither of which can, I fuppofe, be done by him and a majority of the Heads, aflembled for the purpofeof enforc- ing the flatute " De condonibus,^* '* For thefe reafons, at leafl till flronger ones to the con- trary Ihall be alledged, 1 think myfelf obliged to renounce the jurifdi6lion of this court, and do hereby renounce fuch Jurifdi6lion, fo long as the violation of the flatute " De con- cionibus^ is made the principal or any part of the charge againft me. And, though 1 fhould in the firfl inflance have willingly fubmitted toanfwer for any fuppofed breach of that flatute, before the Vice-Chancellor and a majority of the Heads of Houfes, or before the Vice-Chancellor in this court for the breach of any other law of the Univer- fity properly cognizable in it, I now defire time to be advifed, whether having been wrongfully cited to appear in this court, on a fuppofed offence againfl that ftatute, with the acquiefcence at leafl, if not the approbation of the Heads of Colleges, I am any longer liable to a trial for the fame offence, eitlier before the Vice-chancellor and Heads under the flatute fo often mentioned, or to the Vice-chancellor alone, under any other law and flatute of the Univerfitv. W. F R E N D." Signed by W. Frend, in theprefence of me , , G E O. B O R L A S E, i . Not. Publ. and Resiflrary. The [ 9 ] The Vice-Chancellor, after deliberating with the Aflef- fors, pronounced for the Jurifdidtion of the court : and ordered Dr. Kipling to bring forward his charge. Mr. Frend defired, that the renunciation might be entered on the records of the court, and that the Grace *' Cum Sta~ iutls Jcademia,^^ 061. 24, 1609, might be read, part of which was read by Mr. Frend The V ice-Chancellor ob- jecting 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 might be exhibited in writing; which was allowed: and the faid charges or articles were read ; and a copy of the fame was ordered by the Vice-Chancellor to be delivered to Mr. Frend, and was fo delivered. ARTICLES. XJniverJity of Cambridge, May 7^, ^193' In the name of God, Amen. We Ifaac Milner, Dodlor in Divinity, Vice-Chancellor of the Univerfity of Cam- bridge, and Judge of the Court of the Chancellor, Matters and Scholars, of the faid Univerfity, lawfully conftituted and appointed; To you William Frend, Mailer of Arts, and one of the Fellows of Jefus College, in this Univer- fity, Do give and minifter all and flnguiar the Articles, . Heads, or Interrogatories under-written, for certain crimes and offences, faid by you to have been committed; but more efpecially for having written, publifiied, and caufed to have been difperfed, within the faid Univerfity. a Book or Pamphlet, intitled " Peace and Union recommended " to the aflbciated Bodies of Republicans and Anti-Repuh- " licans ; by William Frend, M. A. P^ellow of Jefus Col- " lege, Cambridge. Printed for the Author, by P. (\ " Croft, St. Ives, 1793, (price one fliilling)." In which faid Book or Pamphlet, Religion, as efiabJifiied by public authority within this realm, and alio all Lcclefiafticai Ranks and Dignities, are impugned. At the Promotion of the Reverend Thomas Kipling, DoiSlor in Divinity, and a Member of this Univerfity. And We do obje6t and article as follows: (that is to fay) In the firfi place. We article and ohjedl to you, the aforefaid William Frend, that the Univerfity of Cambridge was founded and endowed, and by an A61 of Parliament made in the thirteenth year of the reign of Qiieen Eliza- beth, was incorporated by the name of the Chancellor, Matters, and Scholars of the Univerfity of Cambridge, for [ 10 ] for the maintenance of good and Godly Literature, and the virtuous education of Youth, within the faid Univer- fity : And moreover, that the Letters Patents granted to the Chancellor, Mafters, and Scholars of the Univerfity of Cambridge, in the third year of the reign of our tlien Sovereign Lady, Queen Elizabeth, and all other Letters Patents granted to the faid Univerfity, by any of the Pro- genitor? or Predeceflbrs of our laid Queen, were, by the faid A61 of Parliament, declared to be thenceforth good, eiFedlual, and available in Law, to all conftruftions and purpofes; and We obje61: and article the premifes jointly and feverally, and every part thereof. 2. Alfo, We article and objedl to you, the aforefaid William Frend, that in this prefent year of our Lord, one thoufandfeven hundred and ninety-three, you did publifli, and caufe to be difperfed, within this L^niverfity, a fcandalous Book or Pamphlet, of which you are the Author, intitled " Peace and Union recommended to the <' aflbciated Bodies of Republicans and Anti -Republicans; " by William Frend, M. A. Fellow of Jefus college, Cambridge. Printed for the Author, by P. C. Croft, St. Ives, 1793;" which faid Book or Pamphlet is annexed to thefe prefents, and prayed to be admitted as if inferted herein ; and we article and objedl as above. 3. Alfo, We article and objedl to you the aforefaid William Frend, that in the twenty- ninth page of the aforefaid Book or Pamphlet, you have defamed the public Liturgy of the eftablifhed Church, by affirming that " it ** is very far from that flandard of purity in doctrine, " which is required in fuchcompofitionsi" and we article and objecSl as above. 4. Alfo, We article andobjedt to you the aforefaid Wil- liam Frend, that in a paragraph contained in pages 36, 37, 38, of the aforefaid Book or Pamphlet, beginning at the words " The fame paffions," and ending with the words <* Epifcopal Convocations," you affirm, that the public worftiip of the great Body of Chriftians is iaolatroui; including in this charge the Members of the Church of England, as evidently appears from the context; and we article and objeft as above. 5. Alfo, We article and objed to you the aforefaid Wil- liam Frend, that in the thirty-ninth page of the aforefaid Book or Pamphlet, you have aflerted, that " eccltefiaflical Courts, ecclefiaflical Ranks and Titles, are all repug- nantto the fpirit of Chriftianity ;" and we article and obje(i^ as above. [ " J 6. Alfo, We article and objefl to yoU the aforefaid William Frend, that you have profanely reviled and ridi* culed the moft facred offices of Religion, as enjoined by the Church of England, and performed by its Minifters, in the following pafTage, contained in the thirty-ninth and fortieth pages of the aforefaid Book or Pamphlet, (that is to fay) " The Laity, like brute beafls, fit tamely under *' this ufurpation: a man, if a priefl or miniller enters, ** is not a mafter of his ownhoufe, he muft not thank God *' for the bleffings of Providence at his own table, he can- * not pledge his faith to a lovely woman without the in- ** terference of the Prieft, his offspring muft be fprinkled ** by facred hands, and at death, he is not committed to ** his long home, without another fpiritual incantation. ** Thefe fuperftitious prejudices are, without doubt, ** highly beneficial to the intereft of the clerical commu- ^' nity, but the morals of neither party are confulted. The *' Laity are apt to imagine, that there are fome pra6lices, ** in which they may be indulged without any imputation *' on their chriftian chara61:er; and the gentleman in black ** is fuppofed to put on a particular fet of features and be- ^^ haviour with his cloaths;" and we article and objeft as above. 7. Alfo, We article and object to you the aforefaid William Frend, that at the time of publifhing the aforefaid Book or Pamphlet, you was a Mafter of Arts, and Mem* her of this Univerfity; and that you now are a Mafter of Arts and a Fellow of Jefus College, in this Univerfity, and therefore notorioufly fubjeil to the Jurildi6lion of this Court ; and we article and obje6t as above. 8. Alfo, We article and objedl to you the aforefaid Wil- liam Frend, that by the laws and ftatutes of this Univer- fity, particularly by tlie forty-fifth ftatute, intitled " De concwnibus ;" and by a decree pafTed in the Senate of this L^niverfity, on the ninth day of June, one thoufand fix hundred and three, it is ordained and provided, that all and every perfon or perfons, impugning Religion, as by law eftablifhed within this realm, or impugning eccleftaftl- cal Ranks and Dignities, may, and ought to be proceeded againft and punifhed, by fufpenfion from academical de^ grees, by expuUlon, or by baniftiment; and we article and obje6t as above. 9. Alfo, We article and objefh to you the faid Wil- liam Frend, that of and concerning the pr'cmifes, complaint hath been, and is rightly and duly made, by this party promovent, to thi; Court and the Judge thereof. C Wherefore [ ] Wherefore the party promovent in this cavife, prayeth Right and juftice to be done, and adminiftered to him effec- tually; and that the faid WilUarti Frend, in regard to his great raflinefs and prefumption in the premifes, may be duly corre6led and puniflied as the Law requires. The firft article the defendant denied, fo far as concerns the caufe in queftion: which denial was over-ruled by the Court. Mr. Frend afked the Vice-Chancellor whether it was over-ruled with the concurrence of the Heads. The Vice-Chancellor declared it v/as over-ruled, and is now over-ruled with the concurrence of the Heads. The fecond article was then read, and Dr. Kipling pro- pofcd to call witnefles. Mr. Frend obje6led to the calling ajiy witnefles, until the fecundus dies juridlcus, and read part of the Grace " Cum Statutis, l^c, beginning at the words, ^^ Secundo die jur'idico^'' to the words, ^^ per reum datis^ and required time to anfwer according to the fta- tutes. The Vice-Chancellor declared, that the demand made by Mr. Frend, as founded on the grace aforefaid, was not good : neverthelefs he judged it reafonable to allow him time to prepare himfelf: and accordingly adjourned the Court to be holden at the Senate-Houfe, on Friday the lOth inft. at ten o'clock in the morning, and warned Dr. Kipling and Mr. Frend then and there to appear. SECOND COURT DAY. At a Court holden before the Right Worfhipful Ifaac Milner, D. D. Vice-Chancellor of the Univerfity of Cam- bridge, and John Smith, Richard Farmer, William Colman, Lowther Yates, John Barker, Jofeph Turner, Francis Barnes, William Craven, and Thomas Poftle- thw?ite, Dodlors in Divinity, and John Fiftier, L.L. D. his AfTeflbrs, between the hours of ten and one, on Friday the tenth day of May, 1793, in the Law Schools of the faid Univerfity. Me prefent. GEO. BORLASE, Not. Publ. and Reg! fir. The Office of the Judge! On the opening of the promoted Court, the Judge alked By Thos. Kipling, D. D. I Mr. Frend, if he was now againft | ready to anfwer to ths William Frend, M. A. and | charges laid againft him. Fellow of Jefus College, j Mr. Frend declared, that he did not come with the idea of anfwering to the Charges this day; but that he was ready ['3 1 ready to a6l according to the Laws of the Univerfity, and referred again to the Grace, pafTed Odt. 24, 160Q. Oa which the Vice-Chancellor laid, that as Mr. Frend on the laft Court Day urged the neceffity of adhering ftri6lly to the Grace of 061. 24, 1609, 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 then gave his reafons at large, in fupport of the prefent proceedings, and explained, accord- ing to the heft of his judgment, in what lenle this Grace is to be confidered as obligatory, and in what fenfe its authority could be admitted. He faid, this Court hadun- queftionably authority to proceed more orlefs fummarily; and in the prefent inftance, he did not perceive thefhadow of a reafon for departing from the ufual practice. He added, that he was ready to liften with the utmoft attention and patience, as long as any thing could be advanced on either fide. His objedl was to do fubftantialjufiice, and he exhorted both the Accufer and the Accufed, to ufe no unneceflary delay. Queftion from Mr. Frend. Whether the Judge meant to proceed according to the ftatute " De concionil^us'* {imply, or whether that llatute made a part of the law, under which the Judge was now proceeding? Anfwer. 1 certainly confider myfelf as not adling under that flatute feparately, but as part of the law on which I mean to proceed. Queftion from Mr. Frend, Whether the Judge faid this from his own authority, or with the affent and confent of the Heads ? Anfwer. I do not think it neceflary to anfwer that queftion repeatedly. Mr. Frend protefted againft the Court now proceeding; as he faid, there was not now prefent with the Vice-Chan- cellor, a majority of the Heads, and therefore, he could not proceed to take the Examination ot Witnefles, oa Oathj as long as the ftatute " De concionihus'^ is made a part of the ftatutes on which the accufation is founded. Dr. Kipling read the Second Article, and the Vice- Chancellor alked Mr. Frend whether he admitted or denied the fame? Anfwer. Thr^t he had before generally denied them all, alTerting them to be falfe, wicked, and mahcious. Witnefles were then called on the part of the Promoter. C 2 HARVEY r H ] HARVEY ALGER Sworn, and (a Pamphlet being put into his hand by Dr. Kipling) depofed as follows : Dr. Kiplinr^. Did you ever fee that book before ? Witnefs. Yes. Dr. K. Did you purchafe it of any One ? W. Yes. Dr. K. Of whom? W, Of Mr. Lunn the Bookfeller. Dr. K. About what time? W, On Friday the 19th of April, 1793. Dr. K. "Who delivered that book into your hands ? W, Mr. Lunn's Journeyman. Dr. K. How do you know that to be the very Book, you received from Mr. Lunn's Journeyman? W. By having marked it on the cover, and by an L. for Lunn. Dr. K. Did you make thefe marks before you delivered the Book out of your hands ? W. Yes. Dr, K. Can you fay on your oath, that it is the very- Pamphlet you delivered into my hands the lad Court- Day? W. Yes. Dr. K. How do you know it to be the very fame ? W. By the letter L. which I know to be my hand- writing. Dr. K. Did you look at the letter L. particularly, when you delivered the Book into my hands, on the laft Court- Day ? W. I did. Dr. K. Did you look at it again particularly, when I returned it to you? W. I did. Dr. K. Had it been in poiTeffion of any perfon be- fides yourfelf, fince the laft Court Day ? W. No. Queftion from the Court. Where does Mr. Lunn live ? ^ W. In Trumpington-ftreet, Q. Can you read ? W. Yes. Witnefs was ordered to read the title of the faid Pamphlet, and read as follows : " Peace and Union Re- ' commended to the AfTociated Bodies of Republicans ' and Anti-Republicans ; by William Frend, M. A. and <* Fellow ^. C 'S ] Fellow of Jefus College, Cambridge. Printed for the Author, by P. C. Croft, St. Ives, 1793, ** (price one fliilling).'* Dr. K. Did you deliver the fame book into my han4$ this morning, when I came into Court ? W. Yes. Mr. Frend Crofs-Examined the faid Witnefs. Q. Are you not Dr. Kipling's fervant ? W. 1 am. Qi For whom did you purchafe this book ? W. For Dr. Kipling. With what intention ? By Dr. Kipling's defire. Qi "When did you make the two marks? W, I made them before I took the book to Dr. Kip- ling. Q. Why was you induced to make thofe marks and letter, before you gave the book to Dr. Kipling? W. By Dr. Kipling's order. Q. How long did it remain in Dr. Kipling's poflefllon after the firft delivery ? W. About two days. Q. Who delivered it into your pofTeflion -at the end of the two days ? W. Dr. Kipling. Q. For what purpofe did Dr. Kipling deliver it to you ? W, He defired me to lock it up. Q. Did Dr. Kipling affign any reafou for its being locked up ? W. No. Q. Did you keep it locked up ? W. I did. Q. With what intention did you keep it locked up ? W. With no other intention than by Dr. Kipling's order. Q. By whofe order did you take the Book from the place where it was locked up? # W. By Dr. Kipling's order. Qi Did you bring the book to court the lafl Court Day by Dr. Kipling's order ? W. 'Ycs. ^ Q; Was this book produced in Court ? W. I gave it to Dr. Kipling in the Seiiate-Houfe-Yard before I came into Court ; but cannot fay what became of it lifter, Qi Why [ i6 ] Q^ Why couM not this Book be out of yourpofleffion between the laft Court Day and this ? W. Becaufe I locked it up as foon as I went home^ and have had the key in my poflefBon ever fince. PHILIP LIFE Sworn. Dr. Kipling. Do you know the laft witnefs, my fcrvant ? Witnefs. I know him by fight. Dr. K. Do you recolleft ever delivering to that fervant a Pamphlet, intitled " Peace and Union, &c. by William Frend, M. A." ? W. I do. Dr. K. Do you rccollei about what time you delivered it to him ? W. I do not. Dr. K. Can you fay from whence that Pamphlet came, which you delivered to my fervant? W. 1 cannot. Dr. K. Did you ever receive any Copies of the Pam- phlet, intitled " Peace and Union, &c." from Mr. Frend himfelf? W. I did. Dr. K. How many Copies ? W. Twenty Copies. Dr. K. On what Day? W. On the 3d of April laft. Dr. K. Had Mr. Lunn any Copies of this Book at that time unfold ? W. Not that I know of. Dr. K. Did Mr. Lunn, to your knowledge, procure any Copies of this Pamphlet, from any other Quarter, be- tween the 3d and 19th of i^pril laft? W. Not that 1 know of; at leaft I did not go for any. Dr. K. At what Place did you receive thofe twenty Copies of the Pamphlet from Mr. Frend ? W. At Mr. Frend's Room in Jefus College. Dr. K. Why did you go thither for any Copies of the Pamphlet? W. I applied to Mr. Bowtell for fome Copies, but he had none. Mr. Bowtell told me that Mr. Frend had them all. Dr. K. Was you dire6led by Mr. Lunn to go to Mr. Bowtell for fome Copies ? W, 1 was. Dr.K. What [ 7 ] Dr. K. What did you fay to Mr. Frend, when you firft went to Mr. Frend's Chambers? W. I cannot exa6lly fay what the Words were the purport of them was, that Mr. Lunn prefented his compli- ments to Mr. Frend, and having fold all the Copies of his Pamphlet which he had, would thank him for 50 Copies more. Dr. K. Do you recolle6l, whether you afked Mr. Frend for Copies of his Pamphlet ? W. I do. Dr. K. Did Mr. Frend make any anfwer to you on the occafion, and what ? W. As near as 1 can recoiled^, Mr. Frend faid, that he did not think he had fifty Copies; but that Mr. Lunn. fhould have all he had. Dr. K- What did Mr. Frend do immediately after this? W. When I went to Mr. Frend's Rooms, he was not in them. Some little jime afterwards, I faw him (landing in the Court; when I went to him, and delivered the meifage I have repeated : 1 then went with Mr. Frend to his rooms, when he delivered to me 20 Copies of the Pamphlet, intitled " Peace and Union." Dr. K. What did you do with thefe 20 Copies? W. I brought them home to Mr. Lunn*s ftiop. Dr. K. You mentioned to Mr. Frend, that Mr. Lunn had fent you for more Copies of the Pamphlet, becaufe Mr. Lunn then had none remaining unfold in his fhop. Was this a part of Mr. Lunn's meflage or not ? W. As near as I can recolle6l, it was. The Rev. THOs. LLOYD, M. A. was then called. Mr. Frend obje6led to his Evidence, anddefired that his Objedion might be recorded by the Regiftrary. OBJECTION. I afk the Court whether a Perfon concerned in the Pro- fecution, may be a Witnefs in the Caufe? Becaufe Mr. Lloyd, now Handing in this Court, was one of the Twenty- Seven, or of the number which aflembled at the Vice- Chancellor's Lodge, and there entered into certain Refo- lutions refpedting this Caufe; by which Refolutions Dr. Kipling, Dr. Jowett, Mr. Manfel, Mr. Belward and Mr. Mainwaring, were appointed Managers, (as he, Mr. Frend, underftands) to carry on in their names, this Profecution. A Copy r 18 3 A Copy of which Refolutions, he (Mr. Frenc!) requeued Dr. Kipling to fend him. But he (Dr. Kipling) re- turned word in his firft anfwer, in v/riting, that he had them not. Mr. Frend fent a fecond note to Dr. Kipling, to den re to know by what means he (Mr. Frend) might procure a Copy of thefe Refolutions. He returned him (Mr. Frend) for anfwer in writing, that they were in the pofTefTion of the Vice-Chancellor. He (Mr. Frend) wrote between the hours of twelve and one of that day, to the Vice-Chancellor, and receiving no anfwer from him, he wrote again between the hours of five and fix, requeftino^ that as his interefts were much involved in thofe Refolu- tions, he might be favoured with a copy of them. Be- tween the hours of feven and eight, the Vice-Chancellor fent him word in writing, that he did not think himfelf authorized to comply with his (Mr. Frend's) requefl. He row again makes his requefi, confidering the Produ61:ion of that Paper as neceflary in the Profecution of this Caufe, and being fully convinced (whether thofe Refolutions are to any purpole or not in themfelves) that a very bad ufe has been made of them by the Twenty -feven, to prejudice him in the eyes of the public, and of the Univerfity. The Court alked Dr. Kipling, whether he chofe that the Refolutions fhould be (hewn to Mr. Frend. Dr. Kipling declared he had no obje6tion. In anfwer to Mr. Frend's objection to Mr. Lloyd's Evi- dence (on account of his being one of the number, which had figned the Refolutions) the Court thought the evidence to be competent ; but determined that as he was one of that number, they thought it their duty to receive his Teilimony with caution. Mr. LLOYD was then Sworn, and depofed as follows : Dr. Kipling. What Pamphlet is that you hold in your hand? (Mr. Frend objedled to the Quefiion, but the Court admitted it.) Witnefs. A Pamphlet, entitled " Peace and Union," by Wm. Frend, Fellow of Jefus College. Dr. K. Did you purchafc it or was it given to you ? W. I purchafed it. Dr. K. Of whom } W. Of Mr. Lunn the Bookfeller. Dr. K. Did you purchafe it before the 3d of April or after ? W. After that date. t>r. K. How [ ^9 3 . Dr. K. How long after that date ? W. On Thurfday the i8th of April. Dr. K. Can you fay upon your oath, that it is the very pamphlet you bought in Mr. Lunn's fhop ? W. I can. Dr. K, Did yon receive it from Mr. Lunn himfelf, or his p oreman ? W. From his Foreman. The Witnefs crofs -examined by Mr. Frend. Mr. F. Was there any agreement between you and the Promoter, to appear here with a Pamphlet ? W, I was alked by Dr. Kipling, if 1 had any obje61:ion to appear, and had none. The fame principle that led me, to petition for a profecution, led me alfo to take the part I now do, in it. (The Queftion being repeated by Mr. Frend). Ans. I had no objedlion to purchafe a Pamphlet, for the exprefs purpofe of appearing here againft Mr. Frend, and to bring home the charge agahift him. Q^ Was there any agreement between you and Dr. Kip- ling concerning purchafmg, keeping, and exhibiting a Pamphlet before this Court ? W. Dr. Kipling fuggefted to me, to take every proper method for identifying the Pamphlet, and qualifying myfelf as a witnefs on thisoccalion. Q^ Was you one of the twenty-feven, or a greater or lefs number, who had met at the Vice-Chancellor's and entered into certain Refolutions refpedting this Caufe ? W. I have the honour to be of that number, and I thank Mr. Frend for making it known. (^ Did you vote for Dr. Kiphng being Chairman, In that meeting ? W. I did. Dr. K. Did you debate on the mode of profecution ? W, The plan was not finally fettled on that occafion, there certainly was a debate. Q^ By whofe diredlion did you go to the Vice-Chan- cellor's Lodge on that day ? W. 1 think it was in confequence of a meflage from Mr. Vice-chancellor, I am not very pofitive, but believe it was. Qi Did you vote for the five Managers ? W. I do not think it came to a regular voting. Qi Were they nominated ? jil %W. Their names were mentioned. . D Q^ Was C 20 ] Qi Was there any queftion of depriving Mr. Frend of his property at that meeting ?i W. I rather think it was hinted by fome perfon prefent, that a profecution might go to that, but that it was not a neceflary confequence. The queftion was, whether the College might not, on account of the Univerfity profecuting, proceed to exclude him from his fellowlhip; but 1 do not pretend to be accurate. Q^ Was it not faid, that to deprive Mr. Frend of his property was a matter of comparatively fmall moment ? W. I do not recoiled that remark. PHILIP LIFE called again. Dr. Kipling. Do you recolle6k a Pamphlet being fold to Mr. Lloyd, entitled " Peace and Union." ? Witnefs. I do. Dr. K. Do you recoUeft whether it was fold after th 3d of April or before ? W. 1 think after. Queftion from the Court. How come you to recolledb felling that Pamphlet to Mr. Lloyd ? W. By Mr. Lloyd writing his name on it. Q^ (Being fhewn a Pamphlet) Is this the fame ? W. It is like it, but I am not fure it is the fame ; I have no circumftance fixed in my memory, which will enable me to fay with certainty, that the pamphlet was really fold to Mr. Lloyd after the 3d of April ; and do not remember that it was dated ; the Pamphlet being dated, is the fole cir- cumftance which leads me to fuppofe it was fold then. The fame Witnefs crofs-examined by Mr. Frend. Q^ Why do you remember the day, on which you have faid you came to my room ? W. Becaufe I gave Mr. Frend credit for 20 Copies, in Mr. Lunn's Ledger. Q. By whofe inftrudtions did you take the memoran- dums in your hand? W. By Mr. Lunn's. ^ HARVEY ALGER called again and examined by Dr. Kipling. Dr. Kipling. Are you in polTefTion of a Copy of the Pamphlet, entitled <* Peace and Union, by Mr. Frend" ? Witnefs. I am. Dr. K. Where did you purchafe it? * W. OfMr.BowtelL Dr. K, About [ 21 ] Dr. K. About what time? W. On Friday the 19th of April laft. Queflion from Mr. Frend. Did you buy this fecond Copy by direSlion of Dr. Kipling? W. I bought both Books by the diredlion of Dr. Kipling. JOHN BOWTELL Sen. called and Sworn. Dr. K. Do you recolle<9: felling a Copy of a Pamphlet, intitled <* Peace and Union," by Mr. Frend, to my fcr- vant ? W. I do. Dr. K. From whom had you that Pamphlet? W. From Mr. Frend. Dr. K. Did you go to Mr. Frend's Chambers for it ? W. No. Dr. K. Where then did Mr. Frend deliver it to you ? W. I received it from Mr. Frend, in my own houfe. Dr. K. Did Mr. Frend bring it himfelf to your houfe ? W. No. Dr. K. Who then brought it to your houfe ? W. It came to my houfe in a parcel directed to Mr. Frend. Dr. K. Do you know from whence that parcel came ? W. I do not. Dr. K. What did that parcel contain, befides that one Copy fold to my fervant r W. It contained that Pamphlet, and feveral other Du- plicates. Dr. K. How do you know that it contained feveral other Duplicates of that Pamphlet ? W. I faw them when the parcel was opened* Dr. K. Who opened that parcel ? W. Mr. Frend himfelf. ^ Dr.K. How long had the Parcel been ill your houfe, before Mr. Frend came to open it ? W. 1 do not now recolle<5t, whether Mr. Frend came the fame day on which it arrived or not, but it was on the ^ fame, or the following day. Dr. K. Did Mr. Frend deliver that faid Copy, and ^ feveral others, to be fold for him ? '^% W. Redid. Dr. K. Did he give you any Commlffion about the re- maining Copies? W. i dq^not recollect that he did. h- D? Dr.K. Did ft- ~ if * s f 22 ] Dr. K. Did he give no diredlions to fend any Copies to ,Mr. Merrill or Mr. Lunn ? W. I do not recolledl that he did. Dr. K. Did you hear Mr. Frend give any fuch direc- tions to your fervant ? W. He did. Dr. K. Inform the Court, what thofe directions were. W, Mr. Frend direfted my Servant to take one of the inclofed Parcels to Mr. Merrill, another inclofed Parcel was dire6led to be taken to Mr. Lunn. Q. (from the Court) Were any of the Parcels under Cover ? W. They were tied up with the Titles j fo that no Print was feen. The Ends of the Pamphlet were blank. Q; How did you know that thefe Pamphlets were copies of " Peace and Union"? W. I do not know that they were copies of " Peace and Union". Qi Do you know that the Pamphlet now produced bjf Dr. Kipling's fervant, was the Pamphlet fold by you ? ' W. I do not know that it was. Mr. Frend crofs-examined the Witnefs. Mr. F. Have you not fold for me, a Variety of Books of different Authors, addreffed both to yourfelf and Mr. Frend, in Parcels from London? W. I have. CHARLES DICKENS, L. L. D. called by the Promoter, and Sworn. Dr. Kipling. Have you in your PolTeffion at prefent, that Pamphlet, entitled, " Peace and Union, &c." by William Frend, that was fhewn to me by a friend of yours and mine, about a week ago; containing an Appendix in two Parts ? Witnefs. I have. ^ Dr. K. Produce it to the Court, (produced) ^' 'Of whom had you that Pamphlet ? W. Of my Friend, Mr. Frend. I went to the print- ing office at St. Ives, where Mr. Frend was packing up many others. I took up one of the Pamphlets, and aiked him whether I might take one. Mr. Frend confented to my taking one, (which I have now in my hand) but iaid, that he defigned to have fent me one. Dr. K. How do you know, that it is the fame Pam- phlet you took up at that time ? W. Hifce Oculis video," I know it by my own hand^ writing on it. Bein ^ t 23 ] Being aflced what he had written, he read, <* Sunt bona, funt quasdam mediocria, funt mala plura." Dr. Dickens was defired by Mr. Fiend to read what he had wrote at the end of tlie book. He read, Sifte per Fidem, at the bottom of the ftairs Nolo per Jovem, faith good Mr. Eyres Nil di6tum quod non di6lum fit prius. The Court was then adjourned to the next day at twelve o'clock. THIRD COURT DAY. At a Court holden before the Right Worfhipful Ifaac Milner, D. D. Vice-Chancellor of the Univerfity of Cam- bridge, and John Smith, Richard Farmer, William Colman, Lowther Yates, John Barker, Jofeph Turner, Francis Barnes, and William Craven, Do6tors in Divi- nity, and John Fifher, L.L. D. his AflelTors, between the hours of twelve and fix, on Saturday the eleventh of May, i793> ii* the Senate-houfe of the faid Univerfity. Me prefent. GEO. BORLASE, Not. Publ. and Regiftr. The Office of the Judge "i Certain Refolutions refpeft- promoted j ing this Caufe, (Pag. ^ & by Thos. Kipling, D. D. 1 5.) by which Dr. Kipling, againft f Dr. Jowett, Mr. Manfel, Mr. William Frend, M. A. and Mainwaring and Mr. Belward, Fellow of Jefus College, j were appointed Managers to carry on this Profecution, were read. Dr. Kipling delired that the two Pamphlets produced yefterday 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 they were duplicates of the Pamphlet " Peace and Union" in all refpedls excepting an Appendix annexed to the latter. JOHN BOWTELL Jun. called and fworn. Dr. Kipling. Do you recoUedt feeing Mr. Frend a few weeks ago open a Parcel in Mr. Bowtell's houfe containing fome Pamphlets? * Witnefs. 1 do. Dr. K. Did Mr. Frend deliver any of thofe Pamphlets to you ? * W. He left fome there for me to take out, '^m ' ** . Dr.K. Did [ .24 ] Dr. K. Did he himfelf give you dire(Sions about them ? W. Yes. Dr. K. What were thofe direflions? W. To take one Parcel to Mr. Merrill's and one to Mr. Lunn*s. Dr. K. Did you fee the Title Page of any one of thofe Pamphlets? W. Of fome that laid loofe. Dr. K. What was the Title Page as nearly as you can recoUedt ? W. Peace and Union. Dr. K. Do you recollefl any Pcrfon's Name on the Title-Page? W. Mr. Frend*s. Dr. K. Were you dire^ed to carry out any of thofe Pamphlets that laid loofe? W. Yes. Dr. K. Who gave you thofe diredlions? W. Mr. Frend. Dr. K. To what Gentlemen did hediredi you to carry them? W, To Dr. Edwards. Dr. K. To any other Perfons? W. To Mr. Lambert, and to Mr. Marfh. Dr. K. Were you to deliver any Meflage with the Pamphlets? W. 1 do not remember that I was. Dr. K. To whom did you deliver that Parcel which Mr. Frend ordered you to carry to Mr. Lunn's? W. To Mr. Life. Dr. K. Who is Mr. Life ? W. Mr. Lunn's Journeyman. Dr. K. Can you fay how many Pamphlets were in that Parcel ? W. They were tied up in fifties, and I took one Parcel. Dr. K. To whom did you deliver that Parcel which Mr. Frend dire6ted you to carry to Mr. Merrill? W. To Mr. Merrill's Maid Servant. Dr. K. Do you know her name? W. No. Dr. K. Can you recolledl her Perfon, when you fee her again ? Q^ (from the Court) Do you know what thofe Pam- phlets were, which you delivered to Mr. Merrill's Maid Servant? -^ W. No. ^ H m ' - . PHILIP [ 25 1 PHILIP LIFE, again called and examined by Dr. Kipling. Dr. K. Db you recolledl ever receiving from John Bowtell jun. a Parcel, containing 50 Pamphlets or there- abouts? W. I do. Dr. K. Did you open that Parcel yourfelf ? W, I cannot charge my memory, whether Mr. Lunn or I opened it. Dr. K. Did you fee the Parcel opened ? W. I faw it when it was open. Dr. K. What were the Contents of it ? W. It contained 50 Copies of a Pamphlet, iatitled, ** Peace and Union recommended to the AfTociated Bodies ** of Republicans and Anti-Republicans." Dr. K. Was there any Perfon's Name upon the Title Page ? W. Yes. Mr. Trend's. Dr. K. What might be the Interval of Time, or nearly fo, between your receiving the Parcel, and feeing it open ? W. I faw it open the fame Evening it was brought. Dr. K. Are you fure that the Parcel of Pamplilets that you faw open, was the very parcel that you received froii John Bowtell Jun ? W. I am fure. Dr. K, Did John Bowtell Jun. deliver any mefTage to you, with that Parcel? W. He faid, it came from Mr. Frend. Dr. K. Did he fay for what purpofe ? W. I do not recolle6l that he did. Dr. K. Have any of thofe Pamphlets been fold in Mr. Lunn*s fhop ? W. Yes. Dr. K. How many ? W. The whole fifty. Dr. K. On what authority did you undertake to fell them? W. I cannot fay. It was Mr. Lunn's order tliey fliould be put in the fhop for fale. Dr. K. Have any more Copies of the fame Pamphlet, been fold in Mr. Lunn's fhop ? W. Yes. Dr. K. How many more ? W, About feventy. Dr. K. Do you know where thofe feventy Copies c|j(ne from'? -'-^ ^ ,. W. I C 26 ] W. I went for Fifty of them to Mr. Bowtell's houfe, and for the other twenty, to Mr. Frend's rooms. Dr. K. Did you receive the fifty copies yourffelf from 'Mr. Bowtell? W. I did. Dr. K. What did you do with them ? W. 1 brought them home to Mr. Lunn's fhop. Dr. K. Are all thofe 50 Copies fold ? W, They are. Dr. K. Were they all fold, before you went to Mr, Trend's chambers for more copies of the fame Pamphlet ? W, I believe they were, but cannot fpeak with any certainty. Dr. K. Do you know, whether any more Copies of the fame Pamphlet, were brought into Mr. Lunn's Ihop for fale ? W. I never faw any. after the twenty Copies I re- ceived from Mr Frend. Dr. K. Do you believe, that no more than thofe 120 Copies, which have been juft now mentioned, were ex- pofed to fale in Mr. Lunn s fhop ? W. I do. Queftion from Mr. Frend. At what time did the fale of thefe Pamphlets begin at Mr. Lunn's ? W. Sometime about February the 13th laft. JOHN BOWTELL Sen. called and examined again by the Promoter. Dr. Kipling. Did you ever deliver 50 Copies of the Pamphlet, entitled " Peace and Union, &c." to Philip Life, Mr. Lunn's Journeyman? Witnefs* 1 do not recolledl that I did. Dr. K. Do you recolle6l whether Philip Life ever came and afked you for fome copies of that work ? W. No; I do not remember that. Dr. K. Do you recoUedl ever giving any parcel of ,, books to Philip Life ? W. I have no recolle61:ion of it. Dr. K. Did not Mr. Frend leave feveral Copies of the Pamphlet, entitled "Peace and Union," in your houfe to be diftributed to others, who might alk for the work ? W. He did. Dr. K. Did you make an entry in your account Books, of the number of Copies which he left you, for that pur- pofe ? W,^ I believe 1 did, ^ ^ Dr,K, Have I 27 ] Dr. K. Have you kept an account in the fame Boolcj of the perfons names to whom you have delivered copies of that work, and of the number of copies you have de- livered to each perfon ? W. I have no account of any perfon to whom I have fold them. Dr. K. You told the Court, yefterday, that you faw Mr. Frend open a parcel, which contained many Pamph- lets; you have alfo told the Court, that feveral of thole Pamphlets were left in your own pofleflion Have you kept any account of thofe Pamphlets ? W, No; I have not. Dr. K. Are they all ftill in your own pofleflion ? W, None of them. Dr. K. Tell the Court to what perfons you recolle of whom you received that parcel, deliver any meflage with it ? W. He told me they were Pamphlets, to be fold for Mr\ Frend. Dr. K. Did he tell you from whence they came } W. No. Dr. K. Do you recolle<5l ahout what time you received that Parcel ? W. No. Dr. K. Can you tell how long ago? W, I cannot fay. JOHN BOWTELL JuN. called again. Dr. Kipling. Do you recoUedt delivering a parcel of Pamphlets, which you received from Mr. Frend, to Eliz. Everfden, Mr. Merrill's fervant ? Witnefs. I recolledl delivering a parcel to Mr. Merrill's maid. Dr. K. Do you recoUefl her perfon ? W, I cannot tell. JOHN MERRILL Sworn. Dr. Kipling. Do you remember, receiving from your maid fervant, a parcel containing 50 Pamphlets, intitled <* Peace and Union, &:c. by William Frend," with a mef- fage, purporting that they were to be fold for Mr. Frend ? vVitnefs. Yes. Dr. K. How were thofe Pamphlets put up? W. I cannot recoiled!, that they were put up in any particular order. Dr. K. Were the Title Pages vifible ? W. I do not remember they were vifible; they had Titles.^ Dr. K, Did you open the parcel yourfelf ? W. I did. D z Dr. K. What 1^1 Dr. K* What were the Titles of thofe Pamphlets ? W, " Peace and Union, &." by William f rend. Dr. K. Have you fold any of thofe Pamphlets ? W. I have. Dr. K. Do you recollect, whether at the time you received them, each Pamphlet had an Appendix to it ? W. They had. Dr. K. Have you fmcethat, fold any without the Ap- pendix? W. I have. Dr. K. By whofe authority was the Appendix can- celled ? W. By Mr. Trend's. Dr. K. Did Mr. Frend in perfon, authorize you to can- cel the Appendix ? W. Yes. . Dr. K. Did he in perfon, dire