AN AUTHENTIC NARRATIVE OF THE Late Extraordinary Proceedings AT CAMBRIDGE, AGAINST THE W—R CLUB.
The Public in theſe Caſes have a Right to demand that all Cir⯑cumſtances be produced to Examination. If what we are doing be wrong, it his high Time Things ſhould be alter'd for the better. If we are acting right, the cloſer the Scrutiny be made into our Conduct, the more will it redound to our Credit.
Dr. KEENE's Sermon preach'd before the Sons of the Clergy at Newcaſtle upon Tyne. Page 4.
LONDON: Printed for M. COOPER, at the Globe in Pater-noſter Row. 1751.
(Prince one Shilling.)
AS the Subject of the following Sheets has been Matter of pub⯑lic Diſcourſe, and the Circum⯑ſtances attending it much miſ⯑taken by ſome, and groſly miſ⯑repreſented by others, it is thought proper to lay before the World a plain and ſuccinct Narrative of the whole Proceed⯑ings; and we can aſſure our Readers that no material Circumſtance is omitted.
[4] Saturday Nov. 17th, being the Anniverſary of Queen Elizabeth, Forty-ſix Gentlemen of this Univerſity, who had been educated at W—r School, met together at the Tuns Tavern to commemorate their Foundreſs, as was cuſtomary on that Day. Amongſt them were ſeveral Fellow-Commoners and Fellows of Colleges, and three Maſters of Arts; one of whom, Mr. F—n, G—k P—ſſ—r of the Univerſity, was Preſident. The Compa⯑ny met between Eight and Nine o'Clock. Every Thing was conducted with the utmoſt Decency and Sobriety, and they were breaking up at Eleven; when, to the great Surprize of all the Gentlemen preſent, Mr. B—n, Se⯑nior P—r of the Univerſity, enter'd the Room, attended by Mr. F—r, who fol⯑low'd him with the Staff. What enſued, the Reader will find amply diſcuſſed in the Courſe of theſe Proceedings; and we ſhall only ob⯑ſerve that, after about twenty Minutes Stay in the Room, the Company ſeparated and retired to their reſpective Colleges.
On the Wedneſday following it was reported, that there had been a Meeting of the Heads on the Occaſion, and that the V. C. had laid be⯑fore them Mr. B—'s Accuſation againſt the whole Club; and alſo particular Charges a⯑gainſt three Maſters of Arts and two Fellow Commoners; and that, in conſequence of this Meeting, it had been determined to ſummons them to the V. C.'s Court on Saturday.
[5] It was with much Difficulty, that the Gen⯑tlemen concern'd could perſuade themſelves to give any Credit to ſo ſtrange a Report; as it was abſurd to ſuppoſe a Matter ſo trifling and inſignificant could ſo far merit the Attention of the V. C. and H—ds, and much leſs engage them in ſuch violent Proceedings. This Re⯑port however being confirm'd, Mr. C—, Mr. A—, and Mr. F—n, judged it highly expedient to wait on the V. C. in order to enquire into the Particulars, and at the ſame Time that they might have the Op⯑portunity of juſtifying their Conduct to him; which they accordingly did, on Thurſday Af⯑ternoon, when they acquainted him with the Report that had prevailed, and the Surprize with which they had heard it. He aſſured them it was true, that there had been a Meet⯑ing; and that they muſt appear at his Court on Saturday. They then repreſented to him, in as modeſt Terms as they could make Uſe of, that it gave them great Concern to find he had ſo far countenanced an Accuſation, not only againſt Under-Graduates, but againſt Perſons of Standing and Character in the Univerſity, as to lay it before the H—ds; and that they could not but be of Opinion, it had been more candid and humane, before he proceeded ſo far, to have heard what they had to ſay in De⯑fence of their Conduct; and did aſſure him at the ſame Time, that, if the Affair was brought before the Court, if not ſupported, it would [6] appear as a malicious ill-grounded Proſecution, and could therefore be attended with no other Conſequences than to throw an Odium on the Accuſer, promote Animoſities and Diviſions in the Univerſity, and only leſſen that Authority which it was meant to ſupport. They deſired the V. C. even then, as it was certainly in his Power, to make up the Matter amicably. The V. C. reply'd, that he had acted as his Duty required; that he had received the Ac⯑cuſation in Form from the P—r, and had laid it before the H—ds; that he could not de⯑termine it any other Way than by hearing their public Defence in Court, which they were at Liberty to make; that they were ſummoned to appear on Saturday, and Citations were al⯑ready given out for that Purpoſe. Upon which the Gentlemen took their Leave, and next Morning received (as did alſo Mr. V—e and Mr. V—n) their ſeperate Citations in Form as follows:
SUmmon T—s F—n, Maſter of Arts, Fellow of T—y-College in the U—of C—m-b—, and G—k P—r in the ſaid U—and S—l C—w, Maſter of Arts, Fellow of T—y-College aforeſaid; and T—s A—ll, Batchelor of Laws, Fellow of T—y-H—ll in the ſaid U—y; each of them to appear be⯑fore [7] me at my next Court to be held in the Law-Schools on Saturday the 24th of this inſtant November, between the Hours of Two and Three of the Clock in the Afternoon, then and there to anſwer in a certain Cauſe of Correction and Diſ⯑cipline, for inſulting and interrupting the Re⯑verend J—s B—n, Maſter of Arts, Fellow of P—ke-H—ll, Senior P—r of the ſaid U—y, in the Execution of his Office as P—r: Hereof fail not at your Peril. Given under my Hand this 23d Day of November, in the Year of our Lord 1750.
All the Gentlemen, who were at the Club, were alſo ordered to appear in Court.
Nothing was now talked of in the Univer⯑ſity but the W—r Club, the Meeting of the H—ds, the Summons, and above all the Citation of M—rs of A—ts into the V. C.'s Court, being a Thing extreamly un⯑uſual, induced the greater part of them who were unacquainted with the Circumſtances, and with the Gentlemen accuſed, to imagine that ſome very groſs Inſults had been offer'd to the P—r, and ſome very flagrant Irregula⯑rities committed on that Night; but Saturday came, and they were quickly undeceived.
At Three o'Clock the Court being met in the Law-Schools, Mr. P—r was deſired by the V. C. to give in his Depoſition, which was taken down, as he ſpoke it, by the Regiſter; [8] with an exact Copy of which we here preſent the Reader, and recommend it to him as a Tract which for Matter, Stile and Method, cannot perhaps be eaſily paralelled.
"There went forth a Decree, &c. which being returned, J—s B—n, Senior P—r, alleged, that on Saturday Night laſt he was inſulted and interrupted in the Execution of his Office at the W—r Club, at the Tuns Tavern; which they conteſted negatively.
He alſo alleged, that he was inſulted by the whole Club: That he received particular Affronts from one, whom he ſince finds to be Mr. V—n: That he, the ſaid V—n, behaved alſo very inſolently at his (the P—'s) Chamber, when he ſent for him upon this Subject.
That Mr. V—e alſo behaved very indecently, at his Chambers; but he has no Complaint againſt him for any ill Behaviour at the Club in particular.
That the Clock at P—e-Hall had ſtrucken Eleven before he left College, in order to viſit.
That, upon his going into the Room, the Gentlemen holla'd, to the beſt of his Remem⯑brance, before he ſpoke at all.
That upon being informed, there were Maſ⯑ters of Arts in Company, he applied himſelf to Mr. F—n, and ſaid, he was come to de⯑ſire, that all Perſons under the Degree of [9] Maſter of Arts in that Company would retire, adding, that it was paſt Eleven o'Clock.
That Mr. A—ll ſaid to him, with a kind of Sneer, ‘"Mr. P—r, I hope you will obſerve, that all the Company are ſober."’
That after Mr. A—ll had ſpoke, there fol⯑lowed a loud Holla, and a long one.
That Mr. A—ll came up to him, and ſaid, with an Air of Triumph, ‘"Mr. P—r, I hope you do not think that what I ſaid was with a Deſign of getting Applauſe;"’ or Words to that Purpoſe.
That there were about this Time more Claps and Hollas, to the beſt of his Remem⯑brance.
That about this Time ſome of the Com⯑pany began to expoſtulate; Mr. A—ll in parti⯑cular ſaid, It was an annual, not monthly, Meeting; and one in particular ſaid, It was un⯑civil to viſit on that Night, and ſome one ſaid, It was a rigorous Execution of the Orders; or Words to that Effect.
That he apply'd himſelf in particular at this Time to Mr. P—r F—n, and ſaid, he be⯑lieved Mr. P—r knew there were Orders againſt all Clubs in general.
That Mr. P—r F—n laughed when he attempted to ſhew, that this was not a rigorous Execution of the Orders; and ſaid, turning to ſome near him, ‘"This he calls a mild Exe⯑cution of his Office;"’ or Words to that Pur⯑poſe.
[10] That Mr. A—ll about this Time ſaid ‘"A mild Interpretation of Orders indeed!"’
That at this Time there were many Claps and Hollas.
That Mr. C—w about this Time inſiſted, that it was rude or uncivil, or Words to this Purpoſe, to viſit when there were Maſters of Arts in Company, and one of them a P—r; and aſked him, if he did not think them able to take Care of the young Gentlemen in the Company.
That he told Mr. C—w, that it did not ap⯑pear they had done ſo; for it was now paſt the Time that thoſe young Gentlemen ought to have been at home.
That Mr. C—w received particular Ap⯑plauſe from the Company for what he had ſaid, and appeared to be much delighted with it.
That Mr. C—w inſiſted farther, that it was ſtrange (or Words to that Purpoſe) that the Execution of theſe Orders ſhould be begun at the W—r Club.
That Mr. C—w again received the Applauſe of the Company by Claps and Hollas.
That Mr. C—w ſaid farther, ‘"We ſcarcely know what theſe Orders are; which to be ob⯑ſerved, and which not;"’ and complained, in general Words, that it appeared, ſome were to be executed, and ſome not.
That upon this followed again the Acclama⯑tions of the Company.
[11] That, during theſe Diſputes, Mr. P—ſſ—r F—n ſaid two or three times, ‘"The P—r is doing his Duty."’
That he underſtood him to ſay ſo with a Sneer the firſt Time.
That afterwards he thought that he did re⯑collect himſelf, and ſeem'd to be ſerious; and that he ſhould have continued to have thought ſo, if he had not ſoon after turned into a Rage.
That Mr. P—ſſ—r talked ſome Time, and expreſſed a great deal of Anger and Reſent⯑ment upon being interrupted by the P—r that Night.
That ſoon after he called out, ‘"Here's to our next merry Meeting;"’ which Words were twice at leaſt repeated. He added once—‘"without Interruption from P—rs."’
The P—r alſo alleged, that, during theſe Tranſactions, he did obſerve a Gentleman in particular behave very rudely: That he heard next Morning Mr. V—e had behaved very ill, and that he ſent for him, to ſee if he were that Gentleman; and upon ſeeing and talking with him, it appeared he was not.
That on Sunday in the Afternoon, he heard that Mr. V—n had behaved very ill, and from his appearing to this Time, he has no Doubt but that he is the Perſon.
That he expreſſed his Rudeneſs at the Club, by laughing ſeveral Times in the P—r's Face, and behaving otherwiſe very inſolently.
[12] That he continued to ſhew ſeveral Marks of Rudeneſs.
That he, Mr. V—n, was going to make a Reply, and the P—ſſ—r ſtopt him.
That at his Chambers in P—e-Hall, he, Mr. V—n, talked much of his In⯑dependency, upon being accuſed of his ill Be⯑haviour.
That he aſked in particular, if it was the Cuſtom of this Place to interrupt Gentlemen at their Meetings.
That, upon telling him it was the Cuſtom to interrupt them at thoſe unſeaſonable Hours, he ſaid, with a Sneer, that then he was in⯑ſtructed in what he did not know before, or Words to that Purpoſe, and ſaid, he did not value what the Un—ty could do to him; or Words to that Purpoſe.
That upon being told, he had laughed often in his (the P—r's) Face, he ſaid, in a very contemptuous Manner, that really he could not help thoſe natural Emotions.
That he ſaid farther, that his Clappings and Hollaings were not meant as an Affront to him (the P—r) but an Approbation of what P—ſſ—r F—n had ſaid.
That upon the whole, he did not ſhew any Signs, whereby he might think himſelf ſe⯑cured from the like Treatment again.
That, upon talking with Mr. V—e, he found he was not the Perſon. That he talked to him (the P—r) that he had no Dependence [13] upon the U—y, and did not value what might be done to him, or Words to that Purpoſe.
That he ſaid his Laughings and Clappings and Hollaings were not deſigned as an Affront to him (the P—r) but an Approbation of Mr. P—ſſ—r F—n.
That he thought that every Thing that Gentleman ſaid was ſo perfectly right, that he could not help applauding it, or Words to that Purpoſe.
That he ſaid farther, he underſtood it was the Cuſtom for ſeveral Gentlemen to ſtay on that Night 'till Twelve o'Clock; and that for his Part he had determined to ſtay 'till the laſt. *
Mr. P—r having finiſh'd his Depoſition, the V. C. ſaid, he believed the Defences of the Gentlemen accuſed muſt be deferr'd 'till another Day, it growing very late. To this Mr. P—ſſ—r F—n aſſented; but Mr. A—ll, ha⯑ving prepared his Defence, deſired he might be permitted to make it immediately: To which the V. C. agreeing, Mr. A—ll ſpoke as follows:
IN a very public and unprecedented Man⯑ner I appear before you, accuſed of Irre⯑gularity and Inſult to the P—r in the Execu⯑tion of his Office.
[14] It is indeed a very general Accuſation; and as it is of a criminal Nature, it ought, accord⯑ing to the eſtabliſhed and univerſal Practice of all Courts of Juſtice, to be moſt literally and demonſtrably proved. A few Facts have been mention'd to ſupport the Charge; of which ſome have been particularly alleged againſt myſelf. In the Courſe of my Defence there⯑fore I ſhall endeavour to obviate the Facts: Notwithſtanding it is my ſincere Opinion I could evince to the Audience, that even if they were true, yet nevertheleſs that they could by no means (if candidly interpreted according to the concomitant Circumſtances and Occaſion) be juſtly ſaid to amount to an Inſult on Autho⯑rity. But as your Judgment, I hope, will be impartially formed upon the Truth of Evidence, and a due Regard to the Merits of our Cauſe; I cannot but greatly rejoice, that ſo many of the W—r Scholars were then preſent to atteſt what I ſhall aſſert; and that ſo many Members of the U—y are now preſent to bear Wit⯑neſs of our Vindication.
To digeſt as well as I can and methodize my Defence, I ſhall ſubmit it to your Conſidera⯑tion in the following Order.
Firſt, I ſhall ſtate to you very faithfully, according to the beſt of my Memory, the Be⯑haviour both of the P—r and the Club upon our Commemoration-Night; for upon this the whole of the Accuſation is founded.
[15] Secondly, I ſhall enlarge upon the Circum⯑ſtances; and expreſſly account for my own Conduct upon that Occaſion.
Laſtly, Mr. V. C. I ſhall entreat your Indul⯑gence, that I may mention to this Audience the Proceedings ſubſequent to, and conſequent of, the P—r's Viſit.
It has been a conſtant Cuſtom among the Scholars educated at W—r to celebrate the 17th of November, as the Anniverſary of Queen Elizabeth, who was Foundreſs of their School; for which Reaſon laſt Saturday Night a numerous Meeting of 46 were aſſembled. There is no Neceſſity for me to take Notice of any Thing which paſſed before the P—r's Viſit; except only, that before his coming, we had called for our Bill, had collected our Reckoning, and ſhould have departed before his Entrance, if there had not been an acci⯑dental Omiſſion in the Bill, and a Miſcompu⯑tation of what ſhould be given to the Waiters and Servants; and that it was on account of this Deficiency we were retarded 'till the Waiter could collect Sixpence a-piece more from the Members. He was ordered to do it with Diſpatch; in the mean Time we were deſired by the Preſident to drink a concluding Toaſt to Dr. N—ls's Health.
It was at this Criſis that the P—r came in, without Notice, and with ſo little Ceremony that I knew not of his Preſence, 'till I ſaw him [16] near me at the upper end of the Room. He came very abruptly to the Head of the Table, and told us, it was an irregular Hour, and or⯑dered us to depart: Upon this a Silence enſued, and there ſeem'd to be a general Amazement. It was then, Mr. V. C, I addreſs'd myſelf to him, to inform him of the Occaſion of our Meeting, ‘"That it was to commemorate the Founda⯑tion-day of our School; and I obſerved to him that we were juſt going to depart: If he would conſider therefore the Occaſion and the Hour, he would not charge us with Irregularity: And I further told him, that ſince he had taken the unuſual Pains to vi⯑ſit us, I requeſted him to do us the Juſtice to remark the Sobriety and good Order of our Members, and to report it accordingly to their Reputation."’ Theſe were, as near as I can now recollect, my very Words. The Members applauded me by clapping of their Hands. The P—r thereupon ſaid, he thought that was Inſult to him. Upon which I reply'd, I am perſuaded, Sir, that you miſinterpret the Applauſe of the Company; for it is meant, I believe, to ſignify their Approbation of what I ſaid in Vindication of the Occaſion of our Meeting and of the Regularity of it: And I aſſured him, I did not mean by what I had ſaid to encourage Diſobedience to his Authority. He ſeem'd ſatisfied with my Anſwer, and told me, he was not offended with it. Mr. P—ſſ—r F—n next ſpoke to him, and told him, that [17] our Reckoning was juſt collected, Bill ready for Payment on the Table, and that we were going to drink to Dr. N—ls's Health before we departed: He remonſtrated too againſt the Incivility of viſiting him without Notice, as he was A. M.
Mr. C—w next ſpoke upon the Point of not paying a cuſtomary Regard to their Degree. At the End of each of their Speeches there en⯑ſued a general Applauſe. It was then propoſed to drink the Toaſt and go: Mr. F—n, Mr. C—w and myſelf adviſing them to obey, the Company ſhew'd a very ready Obedience to the Advice. We immediately left the Room, and withdrew to our reſpective Colleges. Nor do I yet hear of any perſonal Affront or Injury which was then offered to the P—r.
Having thus as briefly as poſſible informed you of the Facts, I ſhall Secondly enlarge upon the Circumſtances which will explain thoſe Facts: And by more thoroughly acquainting you with the Motives, ſhall enable you to judge more equitably upon their Merits.
The Motives to commemorate a Founder's Day are indiſputably grounded upon a generous and laudable Principle of Gratitude; and are authorized by many ſuch ſolemn Feſtivals ob⯑ſerved in every College, and in all Societies where Piety to Patrons is preſerved. The Uſes and Advantages of School-Anniverſaries are certainly commendable, as they tend to culti⯑vate [18] and improve thoſe moſt diſintereſted Friendſhips contracted in our Youth. And if I am not deceived (I ſpeak this with great De⯑ference to your Office) even you, Mr. V. C. have formerly expreſſed your Senſe and Ap⯑probation of theſe greatful Commemorations, by your Preſence at the Anniverſaries of the Charterhouſe School. This I mention with great Deference to you, Sir; but as it ſeems to be much in Point, Self-defence obliges me to take Notice of it.
It being confeſſed therefore that our Meet⯑ing was originally at leaſt not culpable, it fol⯑lows then, that ſome After-Act muſt be proved to make it ſo. But no ſuch After-Act does appear upon Evidence: For what has been pretended (if culpable) has been very weakly objected, and not at all ſupported by the Com⯑plainant. Was there any Intemperance? Was there any perſonal Injury or Affront offer'd to Mr. B—n? None is ſuggeſted: He only ſays in general, that as P—r he was inſulted. Had it the Appearance of an irregular Meeting, where a P-f-r was Preſident, and ſo many Fellows of Colleges were his Aſſociates? Can it ſo properly be ſaid to be a Club as a ſolemn An⯑niverſary, which is allow'd even to our younger Brethren at the School? Can any Irregularity be juſtly imputed to us? I am conſcious there will be none. I am conſcious, you will be convinced, Mr. V. C. that none can be impu⯑ted, when you have given me leave to explain [19] at large the only Fact which ſeems to affect us, ‘"That we had not left the Room at Eleven;"’ altho' it is moſt certainly true, that we were about to depart when the P—r came in. Let it b [...] remember'd, that our Bill and Reckoning were ready on the Table, ſo much in readi⯑neſs to be paid; that it was only delayed while the Deficiency of the Miſcalculation and firſt Collection was to be made good by a ſmall Ad⯑dition, and while the concluding Health of Dr. N—ls our Maſter was to be drank. Be it known to you, that ſome of the Members were juſt gone, many were then going; and I think it is more than probable, that the whole Com⯑pany, at leaſt the Under-Graduates, would at that Time have been retired to their proper Colleges, if it had not been incumbent upon the Seniors at the Table to deſire them, with as much Diſpatch as poſſible, to make good the Defect of the Reckoning by contributing ſome⯑thing more. At this inſtant, without any No⯑tice given, without ſo much as a Meſſage to Mr F—n, Maſter of Arts, P-f-r and our Pre⯑ſident, the P—r entred. But ſo falſe is his Depoſition of a general Shout and Confuſion, that I moſt ſolemnly declare, I did not know he was in the Room, 'till I ſaw him near me at the upper End of the Table. Neither can I recollect any Confuſion ſo remarkable at that Time as his own; which I take Notice of here, becauſe I think it in ſome degree mate⯑rial, as it muſt invalidate the Credit of his Re⯑port; [20] and as it may in ſome meaſure account for the Inconſiſtency of his Accuſation againſt us. So inſenſible and ignorant was I of his Preſence, that when I ſaw the whole Company riſe up from their Chairs, I thought it was ei⯑ther to drink the Toaſt (for this Ceremony is obſerved among us in public Healths) or to de⯑part.
So falſe is the Charge of a general Outcry or Hallooing before he ſpoke, or afterwards, that I ſolemnly declare an univerſal Silence en⯑ſued upon his Speech: And that the Silence and the Conſternation, which prevailed over the whole Company, excited me to vindicate and exempt them from his Aſperſion of Irre⯑gularity.
When you reflect, Mr. V. C. upon this Si⯑tuation of the Members, and the manifeſt Suſpence they were in, you will not be offended that I ſhould inform the P—r of the extraor⯑dinary Occaſion of our Meeting, and that we were about to depart; or that I ſhould deſire him to obſerve, to the Reputation of the Club, it's ſingular Sobriety and Decency. It muſt be a moſt rigid Interpretation of my Words to extort an Expreſſion of Inſolence from them; and it is a very unjuſt Inſinuation, that they were ſpoke with Deriſion. The P—r did not ſo underſtand them, for, when I afterwards attempted to ſatisfy him of the Reaſon of the Applauſe which followed them, he confeſſed to me, he was not offended with what I had [21] ſaid. A ſtrange Confeſſion, if it had been true, that I had ſpoke to him with an Air of Triumph!
When I had thus, with much Submiſſion, (and am conſcious without a Sneer) made this Repreſentation to him, an Applauſe enſued; which he miſconceived to be an intended In⯑ſolence to him, as P—r. I again therefore addreſſed myſelf to him, to aſſure him, that he miſinterpreted the Meaning of it, and that he ſhould find a ready Obedience to his Au⯑thority.
Yet before I conclude this Part of my De⯑fence, I ſhall more directly obviate the P—r's Objection, That I ſpoke to him with a Sneer and an Air of Triumph. Theſe Words ſeem to be an Embelliſhment, and rhetorically thrown in to inflame and to ſupport an Accu⯑ſation which wanted ſuch Aſſiſtance: But I anſwer plainly, That I was not guilty of ſuch irreverent Behaviour; and I think the P—r himſelf, on a better Recollection, acquits me of it; for he now confeſſes in Court, that he then told me, ‘"He was not offended with what I had ſaid to him."’ How repugnant to each other are the Charge and the Confeſſion! Moreover, Mr. V. C. I cannot but now think, I might ſafely have ſubmitted my own Con⯑duct to your Judgment, even upon the very Words of the Accuſation, if the P—r had not invented that ſupplemental Improvement upon the Manner in which I uttered them. But as [22] this Aggravation is inſiſted on, I poſitively deny the Truth of it; and his After-Confeſſion will give Credit to my Negation.
If this will not ſatisfy you, Sir, it muſt reſt on our Credibility and Characters, or the Teſtimony of the Company. Yet I ſhall add an Obſervation, which may induce you to be⯑lieve me: It is, That if you conſider the Words laid to my Charge, you will not find them to be indecent, or ſcurrilous, or of that Nature that would require me to make uſe of a Sneer, or an Air of Triumph. [‘"The P—r too has told you, that I did not appear to be pleaſed with the Applauſes as Mr. C—w ſeem⯑ed to be:"’ *Does not this Acknowlege⯑ment imply a Contradiction to the Air of Tri⯑umph? Remember therefore Mr. V. C. that, as this Accuſation is of the Nature of a Crimi⯑nal Profecution it ought to be quaſh'd and an⯑nulled, if it be either uncertain, or too gene⯑ral; more eſpecially, if the chief Matter in Charge is not fully verified.
Thus far relates to myſelf; and I have the Confidence now to expect, that my Conduct on the Occaſion will appear rather commend⯑able than culpable; for the P—r cannot but do me the Juſtice to confeſs, that I recommended an Obedience to him.
Next as an Evidence ⁂*⁎*⁂*⁎*⁂ [Here I was interrupted from giving my Atteſ⯑tation [23] to the Behaviour of my Aſſociates: But the V. C. indulged me to relate the following Fact, as a Proof of the Reſpect always paid by the P—rs to A. M. ſo far as not to viſit, where they are in Company.]
It is incumbent upon me to take Notice of the Remonſtrance made by Mr. F—n againſt the P—r's Incivility of not regarding him, as Gentlemen of his Degree had ever been re⯑ſpected by the Magiſtrates of the U—y. And what eſpecially induces me (tho' not ho⯑noured with the ſame Degree) to ſpeak upon this Subject, is, that I can quote an Inſtance to confirm this cuſtomary Deference, from a Viſit at the Tuns where I was preſent. It was in the Moderatorſhip of Mr. R—ſs; who one Night, in the Execution of his Office, came into the Room, where a Maſter of Arts of K—g's-College and myſelf were at Supper. But Mr. R—ſs (altho' a noted Diſciplinarian) was ſo ſen⯑ſible of the Incivility which he had committed, that on the next Day he made an Apology to me, and aſſured me, that his coming into the Room where a Maſter of Arts was in Compa⯑ny, had been occaſioned by the Waiter's Neg⯑lect of informing him who were there.
Give me leave now, Mr. V. C. to mention in few Words the Procedings ſubſequent to, and conſequent of, the P—r's Viſit.
Common Report had informed me, that ſome of the Under-Graduates had been ſent for by [24] the P—r: I heard afterwards, that he had ſent for and demanded a Liſt of Names: And it was told me, that you, Sir, had conſulted the H—ds upon this Subject of the Viſit to the W—rs. Yet 'till I waited upon you at your Lodge on Thurſday, I did not know that any Infor⯑mation had been offered againſt Mr. F—n, Mr. C—w, or myſelf; neither did I know, that my Reputation had been called in Queſtion before an Aſſembly of the H—ds. When therefore you acquainted me with the Informa⯑tion, Conſultation, and Citation for me to appear in Court before you, I could not but be greatly aſtoniſhed at the ſeeming Impropriety of your receiving an Accuſation, reporting it again to others, and countenancing the Charge ſo much as to ſummon us to anſwer in Court, before you had in the leaſt enquired what might be ſhewn as Cauſe, why the Information ſhould not be granted at all.
This Proceeding, Mr. V. C. however it may be authorized by the Power of your Office, was nevertheleſs contrary to a fundamental Rule of the Civil Law, which ought, I believe, in a great Meaſure, to direct this Court. The Rule is,
It is a Rule of Equity and Reaſon, and ſhould eſpecially be admitted here, where the Power of the Judge ſeems to be ſo unlimited. You told us in Anſwer, That you was obliged to [25] receive the Information; and that for your own Aſſiſtance, you had conſulted the H—ds. I do not queſtion this; I only contend, that it would have been more candid and humane, if you had allowed us a Hearing before your Re⯑port to the H—ds. For how faithfully ſoever you might repeat the P—r's Accuſation; yet certainly you was liable to a wrong Impreſ⯑ſion for want of regarding the well known and juſt Maxim, Audi alteram partem. Much more were the H—ds liable to receive a wrong Impreſſion of the Merits of our Cauſe, from it's being received by a V. C. and ſo far coun⯑tenanced as to be thought worthy of a Conſul⯑tation upon it.
You told us indeed, Sir, that this ſhould in no wiſe prejudice our Cauſe. I muſt beg Leave to reply, that it has already been very prejudi⯑cial to us: And altho' I have the Confidence to hope that none of our Judges will ſuffer ſuch an Impreſſion to miſlead them into a Praejudi⯑cation of the Caſe before them; yet the Cita⯑tion itſelf is a Puniſhment much too ſevere for the Offence, (if in Truth any Offence could be made to appear.) Strangers to the Facts will conclude, from the very Nature of ſuch an ex⯑traordinary Citation, that it implies ſome Guilt: And it certainly ſubjects us, 'till the Hour of Trial, to the Reflections of the U—y, before they are enabled to judge truly on the Facts and Merits. It is well known to this Audience, Facts of this kind gather Falſehood in Report; [26] and that Fame, eſpecially an ill-natured Fame, encreaſes as ſhe flies. Many of theſe falſe Rumours have come to my own Hearing; and ſeveral of them relative to myſelf; nay, the Accuſation itſelf is a falſe Imputation: For which Cauſe I am glad of this Opportunity to contradict them before ſo full an Aſſembly of the whole U—y. Nevertheleſs, as this Ci⯑tation has hitherto given ſome Countenance to ſuch Reports, I cannot but think it a Hardſhip, that I was not indulged with a Hearing before Mr. V. C. had ſo far given a kind of Sanction to the Calumny.
But if I eſteem this as an Hardſhip upon my⯑ſelf, there is much more Reaſon to conſider it as an Injuſtice to Mr. F—n, a Gentleman of an un⯑blemiſhed Reputation, a Maſter of Arts, Fel⯑low of a College, and of diſtinguiſhed Honour in the U—y: Yet not the common Civi⯑lities due to his Degree have been ſhown him by the P—r; (and this is undoubtedly an Affront to the whole Body of A. M.) no Reſ⯑pect has been paid him as a P—f—r; nor the common Practice obſerved of hearing him be⯑fore the Report, or ſo much as Notice given to him or any of us, of the Proceedings againſt us. For I am well aſſured, that, 'till I ac⯑company'd them to the V. C.'s on Thurſday-noon, neither the P—f—r, nor Mr. C—w had been ſpoke to upon this Subject by any of the Magiſtrates, notwithſtanding natural Equity ſeemed to require that we ſhould have been [27] invited to anſwer Mr. B—n's Objections, or apprized of them at leaſt before they were re⯑ferred to a Conſultation of the H—ds. Theſe are known Rules in Courts of Equity and Civil Law.
And certainly, Mr. V. C. if ever it was reaſona⯑ble to regard this Doctine Favores ampliandi, Odia vero reſtinguenda ſunt, it now ſeems moſt remarkably ſo, when the notorious Diviſions among ourſelves already furniſh our Enemies with ſo much Cauſe of Triumph againſt us. But to receive in ſuch Manner an ill-founded Accuſation againſt the Members of ſo great a School as W—r, does not ſeem to be a probable Method of reconciling Diſſentions, or extinguiſhing the Flames which already pre⯑vail too much. Excuſe me, Sir, for this Ob⯑ſervation; for the Nature of my Defence led me to it imperceptibly.
After all this ſingular and ſevere Proceeding againſt us, does it appear that we have deſerv⯑ed any Severity or Cenſure at all? Quite the Reverſe. And I am perſuaded, upon an un⯑prejudiced Enquiry into the Truth of the Caſe, it will be evident, we have merited other Uſage: Our Preſident eſpecially, inſtead of this crimi⯑nal [28] Citation, has deſerved a better Treatment; and I cannot but think, that, inſtead of ſuch a Cenſure, the Thanks of the whole Aſſembly are juſtly due to him.
Gratitude and your Regard to Diſcipline ſhould exact them from you, Mr. V. C. and the H—ds of Colleges, for preſerving ſo great a Sobriety and Temperance among forty young Gentlemen met to celebrate a Feſtival, and revive their Friendſhips: For it muſt be im⯑puted to his Preeminence, and a Deference to his Rank as well as his Example, that ſo much Order, Decency, and Regularity were main⯑tained in ſo numerous a Meeting. Thanks are due to him ⁂*⁎*⁂*⁎*⁂*⁎* [Here I was again interrupted, and deſired to confine myſelf to the Defence of my own Conduct; in Obedience to which Injunction, I was obliged to proceed as follows, without a proper Connec⯑tion.]
Before my Concluſion I ſhall recapitulate the Facts, and ſubjoin a ſuccinct Anſwer to the Charge againſt myſelf.
It is moſt materially worthy your Conſidera⯑tion, Mr. V. C. to remember, that it ſtruck Eleven while the P—r was in the Yard, that when he came into the Room (which he did without any previous Notice) he found the Reckoning juſt collected, and the Bill lying on the Table for immediate Payment; that we were drinking a concluding Toaſt to Dr. N—s's Health; and that it was really owing [29] to an accidental Miſcalculation, and to the Difficulty of collecting the Money from ſo many Members that we were retarded ſo long: And I may venture to aſſure you, that I believe the whole Company would immediately have diſperſed to their reſpective Colleges after drink⯑ing to the Doctor's Health, if they had not been ſo unſeaſonably, I muſt call it, viſited.
In regard to myſelf, Mr. V. C. I do not find any Thing elſe alleged againſt me, but that I ſpoke to the P—r with a kind of Sneer, when he ſo abruptly charged us with Irregularity, and ordered us to depart:—That expoſtulating with him, I ſaid it was an An⯑nual and not a Monthly Meeting; and that I told him, with an Air of Triumph, ‘"Mr. P—r, I hope you do not think that what I ſaid was with a Deſign of getting Applauſe."’
My firſt Speech to him (as I have before repeated it) was intended only to wipe away the Aſperſion of Irregularity, and to vindicate the Reputation of the Company, by repreſent⯑ing to him, with Deference to his Authority, the ſolemn Occaſion of our Meeting; and re⯑queſting him to remark the general Sobriety of all that were preſent, and to report it ac⯑cordingly. My other Speech, for which I am here reponſible, was intended to undeceive the P—r in his miſconceived Opinion and Suſ⯑picion, that the Applauſe was meant as an In⯑ſolence to him; and I endeavoured to con⯑vince [30] him, in very few Words, of his Miſin⯑terpretation of it.
As to the Allegation, that I ſpoke with a Sneer or Air of Triumph, it ſeems to be in⯑ſerted only to induce you to believe he had ſome Foundation for an Accuſation againſt me; for without that Addition, I am ſure there is none: But I poſitively anſwer to this Part of the Charge, that it is not true.
Upon the whole therefore, Mr. V. C. and H—ds, I hope this very faithful Explanation of my Conduct, and the Motives of it, will ſuf⯑ficiently ſatisfy you, that I never intended any Inſult againſt the P—r in the Execution of his Office; and I moſt ſolemnly declare to you, that I am not yet conſcious to myſelf of having committed any Offence againſt his Authority: But on the contrary, I am very conſcious, that my Behaviour has in no wiſe deſerved theſe Proceedings againſt me; for the whole Com⯑pany will bear me Witneſs, that I recom⯑mended it to them to obey the P—r and depart.
Upon this I ſhall reſt my Defence, and ſub⯑mit it to your Judgment; reminding you of an equitable Maxim, that if there ſhould be any Difference of Sentiments among you,
P. S. When I had ended ſpeaking the above Defence; the P—r made a ſevere Obſervation, That there was no Reaſon to [31] conclude the Company was like to depart, be⯑cauſe the Reckoning was collected. But ſuch a Conſtruction of our Intentions with ſo im⯑probable a Conjecture betrayed a malevolent Deſire to inſinuate Irregularity where he could not prove any.—I replied therefore to the fol⯑lowing Purpoſe, That ſuch a Fact was at leaſt a ſtrong Preſumption in our Favour; and that it had ever been admitted, Probable Preſump⯑tions on the favourable Side were always allowed as tantum non Proofs.
Mr. A—ll, having finiſhed his Speech (no Part of which did at that Time ſeem to give any Offence to the V. C. or the H—ds) the Court was adjourned to Tueſday the 27th of November at 9 in the Morning.
Here it may not be amiſs to inform the Reader, that the latter Part of the P—r's Depoſition was given in, and Mr. A—ll's De⯑fence ſpoke, not in the Law-Schools, from whence the Court had adjourned on Account of it's growing dark, but in the Theatre, where the younger Part of the U—y took the Advantage (as might indeed eaſily have been foreſeen) of their Diſtance from the Court be⯑low, they being in the Galleries, to expreſs with Freedom their Senſe of the Proceedings; and they accordingly took the Liberty to laugh at the Plaintiff, hiſs the Judge, and ap⯑plaud the Defendant; and that in ſo tumul⯑tuous a Manner, that it was with the utmoſt [32] Difficulty they were perſuaded to Silence and Attention. To prevent thoſe Diſorders from being repeated, Sixteen Pro-P—rs were appointed for the Tueſday following, with full Power to puniſh with the utmoſt Severity any who ſhould diſturb the Proceedings.
Things being thus ſettled, the Court met again on Tueſday at 9 in the Morning, when Mr. P—f—r F—n, before he entered on his Defence, deſired the P—r might be ſworn; but this he was informed by the V. C. and H—ds, was not the Cuſtom of that Court. It was ſaid, that the P—r had taken an Oath on entering into his Office, which was ſuffi⯑cient; but he might nevertheleſs be upon Oath if he thought proper. Whereupon Mr. F—n aſked him if he choſe to be ſworn, which he modeſtly refuſed. *
I Am ſummoned to appear before you in this Court to anſwer for inſulting and in⯑terrupting the P—r in the Execution of his [33] Office, on Saturday, November the 17th, at the W—r Club. Great Surprize I muſt con⯑feſs to you, I feel on this Occaſion, and ſtill greater Anxiety; for little indeed did I expect, after ſo many Years Standing, after ſo long a Time paſſed with a Character blameleſs and irreproachable, after having juſt received that Dignity from the U—ty, which (how un⯑worthy ſoever I may be) I now ſtand poſſeſſed of, little did I expect that, after all, I ſhould be cited to appear in this public Manner, and called upon to anſwer for my Ill-behaviour. Very unworthy, Mr. V. C. ſhould I account my⯑ſelf of that Dignity, and very ungrateful to thoſe who conferred it upon me, were I capa⯑ble of doing that which is laid to my Charge, of flying in the Face of Authority, of inſulting and interrupting a ſuperior Magiſtrate in the Execution of his Office.
That Maſters of Arts, Fellows of Colleges, Gentlemen of Character and Reputation in this Body, ſhould be thus cited, is I believe, Mr. V. C. you will yourſelf acknowlege, a Thing pretty unuſual: I cannot therefore but [34] be of Opinion, that in ſuch a Caſe the Facts alleged ought to be of a very extraordinary Na⯑ture, and the Proofs of them extreamly well ſupported.
I ſhall be more ſollicitous, Mr. V. C. in my Defence, and in Defence of thoſe Gentlemen who are accuſed with me, becauſe I think the Honour of that School and Foundation from whence we came, the Honour of that Senate to which we belong, and of that U—y of which we are Members, are all of them moſt nearly and intimately concerned in the Event. The Dignity, Weight, and Authority of a P—r ought undoubtedly to be ſtrenuouſly ſupported; but at the ſame Time I am ſatisfied, that a due Deference and Regard is to be paid to thoſe of an inferior Rank. To put M. A. on the ſame Footing with Under-Graduates, to ſubject them to the ſame Reſtraint in every Word and Action; this, Mr. V. C. is to level all Degrees, throw down all Diſtinction, and introduce Diſorder and Confuſion in the U—y.
Mr. A—ll has already made his Defence, and a very excellent one it was, that has ſuffi⯑ciently refuted every Thing laid to his Charge, and withal ſtated the general Facts in a true Light, explained the Cauſe of our Meeting, and ſhewn the great Order and Regularity with which every Thing was conducted.
Never indeed I believe did ſo large and nu⯑merous an Aſſembly meet, where more De⯑cency and Sobriety were maintained than at [35] that where I had the Honour to preſide. To us, Mr. V. C. I will beg leave to obſerve, this Decency and Sobriety might be in ſome Mea⯑ſure owing; and we therefore rather expected, from the Officers of the U—y, thoſe Thanks we endeavoured to merit, than that Cenſure which we apparently meant to avoid.
It is but Juſtice to the young Gentlemen concerned in this Accuſation to acknowlege, that their Behaviour on this Occaſion was wor⯑thy the Place of their Education, worthy of that School to which we have been indebted for ſo many great and good Men, to which our noble and moſt worthy Ch—lor did him⯑ſelf belong, and which he has ſo long patro⯑nized and protected; a School, in ſhort, to which we owe ſuch Men as always have been, now are, and I truſt always will be, an Ho⯑nour and an Ornament to this U—y.
And yet, Mr. V. C. theſe are the Gentlemen who have created all this Diſturbance; by theſe the P—r was inſulted and interrupted, and we are repreſented as Abettors of an Action we were not capable of committing, as Encoura⯑gers of a Deſign to which we were abſolute Strangers. How ill-ſupported that Part of the Accuſation is, which relates to Mr. A—ll, has already appeared; that what is alleged alſo againſt myſelf, ſtands on no better Foundation, I ſhall now endeavour, Mr. V. C. moſt fully to convince you.
[36] But before I enter upon this, there is one Thing which I muſt beg Leave to take Notice of, and that is, that in a Cauſe of ſo ſerious and important a Nature (for ſuch it is to us) againſt ſo many Gentlemen of Honour and Reputation, the whole is ſupported by the ſin⯑gle Teſtimony of a Perſon who has all along acknowleged himſelf to have been, during his whole Stay in the Club Room, in ſuch Con⯑fuſion and Perplexity as not to know what he ſaid or did, as will indeed be ſufficiently evi⯑dent when you hear the Articles of his Depo⯑ſition; the inconceivable Falſehood and Abſur⯑dity of which I ſhall be obliged to expoſe in Vindication of my own Conduct.
Omitting therefore thoſe Articles which re⯑gard particular Perſons, I ſhall conſider only thoſe which have Reſpect to the general Beha⯑viour and remain unanſwered, and thoſe which concern myſelf. Theſe I ſhall lay before you, and confute in their Order diſtinctly and ſeparately.
Firſt then, Mr. V. C. for Mr. P—r's firſt Article; Mr. P—r aſſerts, that ‘"upon go⯑ing into the Room the Gentlemen halloo'd, to the beſt of his Remembrance, before he ſpoke at all."’
The Gentlemen halloo'd, he ſays, before he ſpoke at all, this is his firſt A—Quale principium dedit! It has always been look'd up⯑on as an ill Omen to ſtumble at the Threſhold. The firſt Thing he ſets out with is abſolutely [37] and directly falſe; and to prove this, I beg that Mr. Wiſh, according to his own Deſire, may be brought into Court, and ſworn, [which he accordingly was, and being aſked whether, on his going up with the P—r, he remembered any Hal⯑looing at his Entrance, he ſaid no, and that the firſt Noiſe he heard, which was a Clapping, was about five Minutes afterwards, below Stairs. Mr. F—r alſo, a Gentleman who attended the P—r to carry his Staff, and was in the Room all the Time, was ſworn, and ſaid he remembered no ſuch Noiſe till after Mr. A—had ſpoke.]
Here, Mr. V. C. is as ample Teſtimony as can be produced againſt Mr. P—r's Evidence; upon which I ſhall beg Leave to make this Ob⯑ſervation.
That in all Courts of Judicature, (as I have been informed by Mr. A—, and ſeveral other Lawyers) where many Articles are alleged, if any one of thoſe Articles is fairly proved to be abſolutely and inconteſtibly falſe, the whole Proſecution drops to the Ground: But perhaps it may be ſtill better to prove every Article as falſe as the firſt, which may be done with the ſame Eaſe, for he goes on juſt as he begins, Ab ovo uſque ad mala; for Example:
Article the Second ſays, That upon being in⯑formed there were Maſters of Arts in Compa⯑ny, he applied himſelf to Mr. F—n; and ſaid he was come to deſire, that all Perſons, under the Degree of Maſter of Arts, in that Company [38] would retire; adding, that it was paſt Eleven o'Clock.
This Mr. V. C. is juſt as true as the former; for Mr. P—r made the Speech, he here men⯑tioned, without any Application to me. How⯑ever, it is matter of no Moment, whether he did or not; as I apprehend what he only ſaid to me cannot poſſibly be a Charge againſt me.
I proceed therefore to another Article, and a pretty remarkable one it is, that, ‘"about this Time, ſome of the Company began to ex⯑poſtulate; one in particular ſaid, it was uncivil to viſit that Night; ſome one ſaid, it was a ri⯑gorous Execution of the Orders, or, Words to that Purpoſe.""’
This, Mr. V. C. is a moſt aſtoniſhing, unpre⯑cedented Way of laying an Allegation; ſuch a vague and undeterminate Method, as not only proves but aſſerts Nothing, and would be ſuffi⯑cient to quaſh any Charge in any Court what⯑ever. About this Time, Mr. P—r ſays, but about what Time we muſt gueſs, ſome of the Company began to expoſtulate; but in regard to who they were, we are again left in the Dark; one in particular ſaid it was uncivil; ſome one ſaid it was a rigorous Execution! Is not this the ſtrangeſt, moſt perplexed Affair, a Story of I don't know what, ſaid by I don't know who? But the Abſurdity of it is ſufficiently evident, and it would be only Loſs of Time to endea⯑vour to contradict what it is impoſſible to un⯑derſtand.
[39] The next Article therefore, which I ſhall take Notice of, is this, that ‘"Mr. P—f—r F—n laughed when he (the P—r) attempted to ſhew, that this was not a rigorous Execution of the Orders, and ſaid, turning to ſome near him, This he calls a mild Execution of his Office;"’ and concludes with his uſual Salvo, ‘"or Words to this Purpoſe."’
Now, Mr. V. C. as to the firſt Part of this Article: I ſhall not conteſt a Smile with him, as it is very probable one might be raiſed by Mr. P—'s boaſting his great Indulgence: Every Under-Graduate is enjoined to leave Taverns at Eleven: Now it had juſt ſtruck Eleven by ſome Clocks, by others it had not, when the P—r came. Had he come half an Hour after indeed he might have expected leſs Com⯑pany there; but, as it happened, he was but a Minute or two on the right Side of Autho⯑rity; and conſequently could have no great Merit to plead on that Hdea. But in regard to the latter Part of this Article, it is abſolutely falſe: I never did ſay, this he calls a mild Execu⯑tion of his Office. This perhaps might be ſaid by ſome of the Company, but I ſolemnly de⯑clare it was not ſaid by me, nor any Words to that Purpoſe; and this I will teſtify on Oath if required, and I believe all the Gentlemen then preſent are ready to do the ſame.
Surely, Mr. V. C. to confound Perſonages, to put Speeches into one Man's Mouth which came out of another's, to falſify and equivo⯑cate [40] in this Manner, to ſubject Gentlemen to all this Trouble and Uneaſineſs on ſuch weak Foundations, is unjuſt and ungenerous. You will pleaſe to obſerve he would exculpate him⯑ſelf from abſolute Falſhood by the Salvos thrown into moſt of the Articles, ſuch as Words to this Purpoſe, and to the beſt of his Re⯑membrance. Whether what he aſſerts is to the beſt of his Remembrance or not, it is impoſſi⯑ble for me to determine; but I am certain if ſo it be, his Memory is of a very peculiar and extraordinary Nature; for he has hitherto been ſo unfortunate as to remember nothing, but that which was never ſaid.
But to proceed. In the Depoſition, Mr. V. C. you will find the following very curious Ar⯑ticle; that ‘"during theſe Diſputes, Mr. P—f—r ſaid two or three Times, The P—r is do⯑ing his Duty; that he underſtood him to ſay ſo with a Sneer the firſt Time; that afterwards he thought that he did recollect himſelf, and ſeem to be ſerious; and laſtly, that he ſhould have continued to have thought ſo, if he had not ſoon after turned into a Rage."’ Here Mr. V. C. is another Inſtance of Mr. P—r's amaz⯑ing Exactneſs and Perſpicuity in the Delivery of his Charge. Firſt you ſee it was ſaid with a Sneer, then it was ſaid without a Sneer; and then it was ſaid with a Sneer again. He ſhould have thought I had been ſerious, (he ſays) but that I turned into a Rage. Now for my Part, I cannot help thinking, but that [41] moſt People who are in a Rage are ſerious; tho' it does indeed ſometimes happen, that Men are very ſerious, and very angry too, on very trifling and inſignificant Occaſions, as is evident from the whole Courſe of this Proſecu⯑tion. However, to cut ſhort the Matter now in Diſpute, whether what I ſaid was with a Sneer or without a Sneer, in a Paſſion or out of a Paſſion, I declare I never ſaid it at all. It was what indeed by my Behaviour I expreſſed, and that moſt ſeriouſly all the Time; and the Gentlemen preſent will bear me Witneſs, that I deſired them all ſeveral Times, as did alſo Mr. C—w and Mr. A—ll, not to inſult or interrupt the P—r.
Mr. P—r goes on to aſſert, that ‘"Mr. P—f—r talked ſome Time, and expreſſed a great deal of Anger and Reſentment upon being interrupted by the P—r that Night."’
Mr. P—f—r, (he ſays) talk'd ſome Time:—One would really imagine, by the Number of the Things alleged, and the P—r's Manner of relating them, that he had ſpent at leaſt two Hours in the Room; tho' the Truth is, he was there but twenty Minutes in the whole, and in that Space it is impoſſible, half the Things, with the Anſwers, Replies, &c. which he talks of, could be ſaid. But he goes on to aſſert, that I expreſſed a great deal of An⯑ger and Reſentment, and he had told you be⯑fore, that I was in a Rage.
[42] Men in a Rage, Mr. V. C. inflamed with Anger and Reſentment, are apt to throw out very harſh and cutting Things, and which when they are cool they are very ſorry for; but, I don't hear that Mr. P—r has any ſuch to produce againſt me; and I have no Reaſon to ſuppoſe, that if I had ſaid them, they would have eſcaped his Obſervation: I would there⯑fore infer, Mr. V. C. that I could be in no very great Paſſion: I am ſure if I was, it was the moſt fortunate Paſſion I ever was in in all my Life. That I expreſſed ſome Reſentment at his coming I ſhall not deny; but on the con⯑trary do ſtill aſſert, that I had Reaſon ſo to do: I do not diſpute, nor did I then, his Right to viſit at any Time or Place; but I remonſtrated to him, that it was very unuſual to viſit on that Night; and withal, that when Maſters of Arts were in Company, more Reſpect was always paid to them. This, Mr. V. C. is indiſpu⯑table. Mr. P—r ſhould have ſent up to us; Mr. Wiſh deſired him to do ſo; but he would not. Mr. A—ll gave you a remarkable In⯑ſtance of the Reſpect paid to our Degree, and I could give you ſeveral, were it neceſſary to our Defence. There were Maſters of Arts, there were Under-Graduates in the Houſe at that Time; but nobody was viſited, nobody taken Notice of, but the W—r Club.
Mr. V. C. I inſiſt upon it, the Honour of the Senate ought to be ſupported; but if the Members of it are to be brought into a Court in [43] this Manner on every trifling Occaſion; if a Look, a Laugh, a Smile, ſhall ſubject them to Cenſure and Puniſhment, how ſhall the young⯑er Part of the U—y be induced to pay them that Deference and Regard which is due to their Station? I proteſt, for my own Part, I ſhall for the future never expect it.
One Article more, and we have done. Mr. P—r depoſeth, that ‘"Mr. P-f-r called out here's to our next merry Meeting, which Words were twice at leaſt repeated, he added once, with⯑out Interruption from P—rs."’
To our next merry Meeting, Mr. V. C. was certainly the Health, and a very innocent Health it is. In what follows, Mr. P—r has indulged himſelf in his uſual Licence of adding Words which were never ſpoke.
Here you will pleaſe to obſerve, every Thing is poſitively aſſerted: It is not Words to this Pur⯑poſe, or to the beſt of my Remembrance, but the whole is confidently atteſted. Now we do as confidently atteſt, that the Health, as related by the P—r, was not drunk. *
In Matters, Mr. V. C. where every Thing muſt depend on Words as related by the Plain⯑tiff, the utmoſt Caution ſhould be uſed; be⯑cauſe the Addition of a ſingle Word, nay a ſingle Syllable, may entirely change the State [44] of the Caſe in Queſtion; and I have known a Cauſe of a criminal Nature laid aſide, merely on Account of the miſ-ſpelling of a Name. Mr. V. C. you muſt allow, that if an Accuſer has the Liberty of adding or taking away Words at his Pleaſure, there is nothing which can be ſaid, but may very eaſily be proved ac⯑tually to have been ſaid, and conſequently in ſuch a Caſe no Juſtice can be expected.
And now, Mr. V. C. and Gentlemen of the Court, I have, as briefly as I could, anſwered thoſe Parts of the general Charge which might be thought to remain unconfuted, and withal every Article ſeparately which related to my⯑ſelf; and I make no Doubt but that Things have now quite another Face than when partial⯑ly and imperfectly repreſented to you. Had I been apprehenſive I was before Men whoſe Minds were tainted by Prejudice, or who would have wreſted any Thing to my future Diſad⯑vantage, I ſhould not have ſpoken with that Openneſs and Freedom which I have ven⯑tured to make uſe of: But I hope I ſpeak to Men unbiaſſed and uninfluenced. You, Mr. V. C. have indulged us in a free Liberty of De⯑fence, and given us a fair and equitable Hear⯑ing. The ſame Candour, with which you have hitherto acted in the Courſe of theſe Pro⯑ceedings, we alſo expect in your Determina⯑tion of them. You have ſeen how little, after all, is alleged againſt us; how very ſmall a Part of that little has been at all ſupported; and [45] that not one ſingle Article againſt myſelf proved; you ſee, that the whole Depoſition is perplexed and confuſed, and you will be pleaſed to remember, that your Judgment muſt reſt on the Proof of the Facts there alleged, and on that only.
The Statutes, Mr. V. C. and Aſſeſſors, are the Laws by which we are to be judged, but thoſe Statutes you have yourſelves the Power to interpret: A very great and a very extenſive Pow⯑er it is, and which ought indeed to be lodged in the Hands of none but Men of the ſtrict⯑eſt Honour and Integrity, Conſcience, Ten⯑derneſs, and Humanity. On that Honour, that Integrity, and Humanity, we firmly and willingly reſt our Cauſe. You will conſider, Mr. V. C. the Characters of the Gentlemen concerned; how grievouſly they have already ſuffered, and how unjuſtly, by this Accuſation: You will conſider, that the Cenſure of an U—y is no light or eaſy Puniſhment; and that it will not be confined within theſe Walls: Reputation, Mr. V. C. is a tender Point, and by no means to be blemiſhed on every ſlight Occaſion: It is on that, our good or ill Succeſs in future Life muſt depend; and if you take it from us, it will not be in your Power to give it us again.
I know it has been ſaid by many, that the Honour of the U—y is concerned to ſupport a P—r; and ſo it is alſo, Mr. V. C. to [46] ſupport it's P—f—rs, it's Maſters of Arts, it's Scholars, and every Member of it; but not to ſupport either of them, of what Rank or Degree ſoever, in Falſhood, in malicious ill⯑grounded Proſecutions; nor to ſupport them againſt Truth, and againſt Conviction.
I believe, Mr. V. C. every one here ſees, (and none I hope with greater Pleaſure than your⯑ſelf) that I am entirely innocent. If I have been obliged to expoſe the Abſurdities, Per⯑plexity, and Confuſion of Mr. B—n's Evi⯑dence, it was what I could by no Means avoid. It was an ill-founded, groundleſs Accuſation, and therefore he deſerved it: He was diſſuaded from the Proſecution by many, but perſiſted; and if the Odium conſequent on ſuch Beha⯑viour be general, I cannot help it.
To your Determination therefore, Mr. V. C. and Aſſeſſors, we ſubmit our Cauſe; and from you we hope all the Amends which can now be made us, to be honouraby cleared; but this muſt be left to your own Breaſt.
In the mean Time, we ſhall all of us have the nobleſt Teſtimony of our Innocence, we ſhall have what is infinitely preferable to the favour⯑able Deciſion of all the Courts in the Univerſe, we ſhall have the ſilent Applauſe of our own Conſciences to ſupport, we ſhall have the una⯑nimous Voice of all good, honeſt and reaſon⯑able Men to acquit us.
[47] Mr. F—n having finiſhed his Defence, Mr. C—w addreſs'd the V. C. as follows.
THE general Behaviour of the W—r Club on the 17th Inſtant, and particu⯑larly that of the preſiding Members, has now been ſo clearly explained, and the Facts alleged againſt us by Mr. P—r ſo fully anſwered, that I ſhould greatly infringe upon that Time which to every Member of this Place dedicated to private Study muſt be ſo precious, ſhould I detain the Court by attempting to enlarge upon what has been already ſo well urged in behalf of our Conduct.
But I hope it will not be taken amiſs, if, before I proceed to the Defence of my own Behaviour, and to anſwer that Part of the ge⯑neral Accuſation which affects myſelf, if I do join with Mr. P—f—r F—n, and Mr. A—ll in this Obſervation, that, when Maſters of Arts, one of them particularly diſtinguiſhed, ſeveral Fellows of Colleges, and many other Gentle⯑men of great Reputation, whoſe Characters have from their Admiſſion to this Time re⯑mained unblemiſhed, do receive ſuch a Diſ⯑grace as to be publicly cited to this Court, that the Facts might be expected to be of a more extraordinary Nature, or at leaſt much better ſupported, than I flatter myſelf they really ap⯑pear to every candid and impartial Hearer.
[48] But this Conſideration I ſubmit to the Judg⯑ment of the Court: And I hope Mr. P—r will not take it ill, if I mention what I think it is my Duty to declare, as my real and ſincere Opinion, that either through Defect of Me⯑mory, or perhaps through that Confuſion which Mr. P—r acknowleges he was in at the Time, he has miſtaken ſome of the Facts, miſrepreſented others, and I have Reaſon to believe has in a great meaſure miſconſtrued the whole.
I need not mention Particulars, which have been already urged in Proof of this: But I could not anſwer it to my Conſcience, did I not beg leave to ſpeak only with regard to one Particular alleged againſt Mr. A—ll, viz. That when he deſired Mr. P—r to obſerve the Sobriety of the Club, he ſhould ſeem to ex⯑preſs himſelf with a Sneer. I ſtood cloſe to Mr. A—ll at this Time, and took particular Notice of him, and I do from my Heart de⯑clare, that as far as it is poſſible to judge of the inward Thoughts from the outward Behaviour; as far as it is poſſible to diſtinguiſh the real Sen⯑timents of the Heart from the Expreſſions of the Tongue, (which I allow is extremely diffi⯑cult;) yet, as far as my Penetration reaches, I think the Look, the Geſture, the very Sound of Mr. A—ll's Voice, and the Manner of delivering himſelf, teſtified quite the contrary: And as a further Proof of Mr. A—ll's Zeal to ſhew all proper Reſpect to Mr. P—r, on re⯑ceiving [49] Applauſe from the Company for what he had ſaid, he immediately, with as much tender Concern as any Man could expreſs on the Occaſion, begged all the Gentlemen to of⯑fer no Inſult to the P—r; in which Petition Mr. P—f—r F—n and myſelf very ſtrenuouſly joined. I might mention other particulars al⯑leged againſt the ſame Gentleman, as well as againſt Mr. P—f—r F—n, in which I am per⯑ſuaded Mr. P—r is very much miſtaken; but thoſe Gentlemen have ſo well defended them⯑ſelves, that I ſhall only add one Obſervation or two more in general, and proceed to anſwer to my own Charge.
And Firſt, I cannot but believe, that every candid Hearer will allow that the Behaviour of the preſiding Members, our Attendance at the Club purpoſely to preſerve Regularity and Sobriety, our previous Reſolution to ſee the Gentlemen depart by the ſtatutable Hour, our zealous Endeavours to execute what we had re⯑ſolved, (which Endeavours had ſucceeded, but for that Deficiency in the Reckoning, which, to my Knowlege, detained many, who were de⯑ſired to ſtay 'till it was made up;) that theſe Circumſtances make us deſerving of Applauſe rather than Reproach, and ought to gain us the Thanks of the Officers of the U—y, ra⯑ther than be the Means of bringing us to our public Trial. I muſt obſerve further, as a Proof of the Regularity of my School-fellows, that I believe there never was ſo large an Aſ⯑ſembly, [50] comprized chiefly of Youth, met to⯑gether upon ſo extraordinary an Occaſion, in which any public Officer could expect to find fewer Marks either of Riot or Intempe⯑rance.
But to haſten to what regards myſelf:—Be⯑fore I anſwer Particulars, give me leave, Mr. V. C. to obſerve in general, that, as I have been upwards of ſeven Years of this U—y, have now the Honour to be a Member of the Senate, and Fellow of one of the principal Colleges; that, as during all this Time I have ſhewn the greateſt Regard to the Laws of the Place, have behaved with as much Regularity myſelf as any other Member, and promoted the ſame as much in others, I think, and I flat⯑ter myſelf the whole Court will think it highly improbable, I ſhould at this Time of Day be⯑gin to trample upon Authority, or inſult any public Officer in the Execution of his Duty.
The Credit therefore of the School I come from, the Honour of the U—y, and particularly of the College I belong to, but, what is more to me in my private Capacity, my own Repute with thoſe, who have honoured me from my Admiſſion to this Time with their Friendſhip and Patronage, oblige me to en⯑deavour to wipe off that Stain which my Cha⯑racter may poſſibly receive, from this Accuſa⯑tion, in the Eyes of them and many others, who have hitherto, I am perſuaded, entertained a very different Opinion of me.
[51] The firſt Fact I ſtand particularly charged with is, in Mr. P—r's Words, That ‘"I inſiſted it was rude and uncivil, or Words to this Pur⯑poſe, in him to viſit, when there were Maſters of Arts in Company, and one of them a P-f-r;"’ and that I aſked him, ‘"if he did not think us able to take Care of the young Gentlemen in Company:"’ To which he replied, ‘"It did not appear we had done ſo, for it was now paſt Eleven."’
This Reply of Mr. P—r's, I hope I may ſay without Offence, ſeems to intimate, that he rather meant to vindicate himſelf than prove any Inſult offered to, or Interruption in, his Office from me; unleſs he calls the remonſtra⯑ting to him his unprecedented Behaviour to Maſters of Arts, and Want of that Civility which the ſtricteſt Officers have always paid to that Degree, an Inſult; unleſs he calls that an Interruption in his Office, which was meant to ſhew him, how far we had been inſtrumental ourſelves in promoting that Regularity and So⯑briety, which Mr. A—ll deſired him to take Notice of.
The next Article, if meant as an Accuſation, is, with Submiſſion to the Court, of a very extraordinary Nature; ſince I never knew be⯑fore, that it was criminal to receive Applauſe; nor can I imagine, that any of the Court, or even Mr P—r himſelf, will think it more ſo to be delighted with it; to be delighted with the Approbation of my School-fellows for [52] ſpeaking in ſupport of the Privileges of a Maſ⯑ter of Arts, and of the Deference, which I perhaps ignorantly thought might be expected to be paid by any Officer of the U—y to a P-f-r in the ſame.
The two remaining Articles againſt me are, Firſt, That ‘"I inſiſted it was ſtrange, or Words to that Effect, that the Execution of theſe Orders ſhould be begun at the W—r Club;"’ and Secondly, That I further ſaid, ‘"We ſcarcely know what theſe Orders are; which to be obſerved, and which not; and complained, in general Words, that it appeared ſome were executed and ſome not."’
That the Words, which Mr. P—r has put into my Mouth in the firſt Part of this Charge, are ſuch as I made Uſe of, I believe I may venture to deny; ſince I was far from thinking, that it's being the W—r Club, gave it a greater Sanction, or exempted it from any le⯑gal Viſitation more than another; but meant to ſignify, that as an annual Meeting, at which Maſters of Arts preſided, it might not unrea⯑ſonably hope for a little more Indulgence than is uſually allowed to a private Company: And Mr. P—r muſt have greatly miſtaken my Words in the other Part of the Charge, to accuſe me of denying my Knowlege of theſe Orders; ſince I proteſt, Mr. V. C. I ſaid no⯑thing to any ſuch Purpoſe, and I believe your⯑ſelf and the reſt of the Court will think it high⯑ly improbable I ſhould, when I had the new [53] Regulations at that very Time in my Pocket, and was preſent when they paſſed.
Theſe, Mr. V. C. are all the Articles par⯑ticularly alleged againſt me; to which how far and how clearly I have anſwer'd, I will⯑ingly leave to your Determination; which I hope will be ſuch, as to clear me entirely from any Aſperſions which this Accuſation may have thrown upon me; and that I may not now begin to appear the Promoter of Irregularity, and the Encourager of Diſobedience, who have ſo long given Teſtimony of a far different Diſpoſition.
Mr. V—n then being aſked by the V. C. if he had any Thing to ſay in Anſwer to the P—r's Accuſation, ſpoke thus:
I Am here called upon publicly to vindi⯑cate my Character which has been ſtigma⯑tized through the whole U—y, upon Mr. P—r's Accuſation of having, in a particular Manner, diſtinguiſhed myſelf in the Affronts he pretends were put upon his Office the Night he viſited the W—r Meeting; and having added Inſults to that Injury, when he called upon me to give an Account of my Conduct at his Room.
So much has been already ſpoken, and ſo juſtly, in Vindication, as well of the Conduct of the Maſters of Arts, as of all the Members [54] of the Society without Exception; that (ſhould it be thought incumbent on me to anſwer this Part of my Charge at all, as I ſhall endeavour to ſhew Reaſon why I ſhould not) a few Ob⯑ſervations would be ſufficient to quaſh and fal⯑ſify ſuch a frivolous and ill-ſupported Accu⯑ſation.
And here it is a Satisfaction to me, that I can, if neceſſary, ſupport my Confutation of this Part of my Charge, by the Evidence of * a Gentleman, a Fellow of a College, and who not being ſummoned as an Accomplice, will I hope appear a more unexceptionable Witneſs than a Perſon whoſe Confuſion had led him into the numberleſs Miſtakes and Calumnies, which have been amply ſet forth by the Gentlemen who have ſo fully anſwered their Parts of the Charge already.
To begin with the firſt Objection, which I have already hinted, I muſt beg leave to re⯑mind the Court of the ſurprizing Incident by which Mr. P—r had the Happineſs to diſ⯑cover that heinous Offender, whoſe rude and inſolent Behaviour had ſtruck him, in ſo par⯑ticular a Manner, amidſt the univerſal Inſult he ſo loudly complains of. He tells you, his firſt Suſpicion light on Mr. V—e; who having cleared himſelf, our Accuſer finds himſelf once more at a Loſs for his Culprit, and a whole Day paſſes before his good Fortune throws in [55] his Way a falſe and malicious Report, which having compared with his own confuſed Recol⯑lection of what had paſſed, or rather Invention of what had not paſſed, he fixes his Charge upon me; a Perſon whom he confeſſed, at his Chambers, he had not the leaſt previous Know⯑lege of, nor did he pretend, when I appeared, to recollect me: And as he alſo chuſes to conceal the Author of his Intelligence, it is probable and will I hope inconteſtably appear, that his In⯑former was as ignorant in that reſpect as himſelf.
From ſuch Conjectures, and ſuch hear-ſay Evidence, he makes not the leaſt Scruple to affirm, that I am the Perſon he pretends to have great Reaſon for Complaint againſt; and as I have always heard, it is neceſſary that the Accuſer ſhould be poſitive in his Proofs of the Perſon of the Accuſed, even before he is per⯑mitted to give his Charge, I hope it will ap⯑pear Time to call for ſome more unexceptionable Evidence than the Repetition of a Calumny communicated by a Perſon, whoſe Name is to remain a Secret. *
The firſt Article of the Charge accuſes me ‘"of laughing in his, the P—r's, Face, and behaving otherwiſe very inſolently."’
[56] If ſo laudable an Occaſion of meeting my Friends, and renewing earlieſt Acquaintances, had inclined me to a more joyous Diſpoſition and Aſpect, than the ſolemn Appearance of ſuch an Officer as Mr. P—r required, I hope that Conſideration (and not the Inſolence that Gentleman aſcribes as the Motive) will be thought to have occaſioned the gay Appear⯑ance which ſeems ſo much to have ſhocked him, and I can't help applying on this Occaſion that equitable Maxim with which Mr. A—ll concluded his Defence,
The next Article ſays, that ‘"I continued to ſhew ſeveral Marks of Rudeneſs."’ This vague, no-meaning Article (as Mr. P—r ſeems not to recollect theſe Marks) I may do well to paſs in Silence.
Next follows, that I was going to reply to a Queſtion, he has thought proper to omit. I ſhould not trouble you, Mr. V. C. with a Re⯑petition of theſe Heads of Accuſation, if they were not alleged as Marks of ſo ungentleman⯑like a Behaviour as Inſolence, which is here endeavoured to be proved by candidly anticipa⯑ting Words which he ſays I was prevented from ſpeaking; Mr. P—f—r F—n, who he ſaid was the Perſon that ſtopped me, aſſured the Court he remember'd no ſuch Attempt from me, nor any ſuch Prevention on his Part: And this Part of my Accuſation is concluded [57] by affirming, they were to have been inſolent had they been uttered.
I come now to the ſecond Part of Mr. P—r's Charge, where he has ſelected ſome Expreſſions which appeared to him injurious to the Diſci⯑pline and Officers of the U—y. Had he been pleaſed to deliver the whole Sentences in which thoſe Expreſſions were contained, I ſhould, I am perſuaded, have ſtood abſolved from any ſuch Aſperſion; and here I appre⯑hend it will again appear extraordinary, that Words ſaid to be dropped from an accuſed Perſon in a private Examination, ſhould ſerve to aggravate that Perſon's Charge in a Court of Equity.
The firſt Article on this ſecond Head accuſes me of having talked much of my Indepen⯑dency. The World I remember to have uſed, and to this Effect; that as I was not intimi⯑dated by any Dependence on the U—y, I was ready and willing to anſwer Mr. P—r's Accuſation, at any Time and in any Place he ſhould think proper to call upon me. This I ſaid in anſwer to his aſking me, If I propoſed to deny his Accuſation in the ſame Manner I had done there, wherever I ſhould be called to an Account.
I am next accuſed of queſtioning him as to the Cuſtoms of his Office; and what is more ſtrange, I am complained of in a Court of Juſ⯑tice for owning him capable to inſtruct me. My Queſtion was, whether his Office obliged [58] him to interrupt, in that rigorous Manner, ſo regular and ſolemn a Meeting as the Celebra⯑tion of the Anniverſary of our Benefactreſs.
The following carry ſo dubious an Air, that I queſtion, if Mr. P—r's Memory (though in no ſmall Eſteem with him) was not in this Caſe a little ſuſpicious to himſelf; as the Terms are ſo general and his aſſiſtant Expletives are ſo frequently called in, (though very judiciouſly, I muſt confeſs;) as I apprehend, if it had not been for thoſe Licences of Rhetoric, the Words Sneer and Contemptuous being thrown in, theſe Articles could not bear the leaſt Colour of Offence.
Next comes an amphibious Article; and whether to conſider it as an Accuſation againſt, or an Excuſe for, the Perſon he is accuſing, I am at a Loſs; as his acquitting me of any In⯑tention to affront him is a new Expedient for corroborating a Charge of Inſolence. He indeed ſeems to have anſwered one End, which is en⯑deavouring to make it appear, that Mr. P—f—r F—n was the Man who received all our Ap⯑plauſe, and by that adding ſome Credibility to his malicious Aſſertions againſt him: But I do declare, that I ſaid I applauded, to ſignify my Approbation of what was ſaid by the Gentle⯑men, who took the Pains to ſpeak for the Company, without naming any particular Per⯑ſon. This I thought it incumbent upon me to mention, as I obſerved the ſame Inſinuation in Mr. V—e's Charge.
[59] His laſt Article ſeems calculated to prejudice the U—y againſt me; if indeed Men of Senſe could be ſuſpected to be biaſſed by a Declara⯑tion of Mr. B—n's Opinion of what will be my future Conduct.
Having briefly gone through every Article of a Charge grounded on Hearſay, and reſting on Mr. P—r's Interpretations of Looks, Re⯑flections on Words ſpoke and about to be ſpo⯑ken, his Notions of Geſtures, and Preſagings of future Events; nothing now remains, but that I return my particular Thanks to you, Mr. V. C. and to the Gentlemen of the U—y in general, for ſo candid and attentive a Hear⯑ing, and for that Deſire ſhewn, ſo much to their Honour, of hearing my Confutation of one of the ſevereſt of Charges had it been proved; I mean the Contempt of ſuperior Au⯑thority, mildly and impartially exerted: And having had an Opportunity to clear myſelf in their Eyes, adds not a little to the Satisfaction I ſhall receive in finding myſelf abſolved by ſo equitable and unexceptionable a Judge.
Mr. V—n having finiſhed, Mr. V—e alſo made a ſhort, modeſt and ſenſible Speech, in Defence of his Conduct.
The Defences being over, the V. C. deſired Time to conſider the Circumſtances, and ad⯑journed the Court to Thurſday, November 29.
And now it was hoped, that, after the De⯑fendants had ſo fully proved the Charge againſt [60] them to be groundleſs, falſe and malicious;—after Part of it had been confuted by the Oaths of Witneſſes produced;—after they had ſhewn the P—r's Evidence to be nothing but Malice, Confuſion and Perplexity;—that the Gentlemen accuſed would all of them have been juſtly and honourably acquitted; but, upon what Foundation, or from what Motives we will not pretend to ſay, they met with a very different Fate: For, on Thurſday, Nov. 29, at Three in the Afternoon, the Court, being once again met on this very important Affair, the V. C. delivered his Sentence, which was to this Effect.
That it was the Opinion of the Court, that Mr. F—n, Mr. A—ll, Mr. C—w, Mr. V—n, and Mr. V—e, were guilty of the Charge alleged againſt them by the P—r; and that they ſhould be reprimanded for it, and he did therefore reprimand them. But, in re⯑gard to Mr. A—ll's Sentence in particular, the V. C. delivered himſelf in the following Words;
It is a moſt diſagreeable Circumſtance to me, that I am obliged to add, in ſupport of the Dig⯑nity of the Office of V. C. that it is the unani⯑mous Opinion of this Court, that Mr. A—ll, for his rude, contemptuous and diſobedient Be⯑haviour* [61] to me, during his *Defence of himſelf in Court, be ſuſpended ab omni Gradu ſuſcepto et ſuſcipiendo; and I do, by my Authority, ac⯑cordingly ſuſpend you, ab omni Gradu ſuſcepto et ſuſcipiendo.
The reſt of the Club were alſo reprimanded, and all under the Degrees of M. A. or L. L. B. puniſhed 6 s. 8 d. for being out of College after Eleven o'Clock.
All the Parties accuſed, condemned in the Expences of the Court.
Mr. A—ll, not conſcious to himſelf of hav⯑ing, by any Part of his *Defence, deſerved ſo ſevere a Sentence appealed againſt it to the Senate.
The Appeal was admitted in Court, and entered by the Regiſter. But Mr. A—ll waiting on the V. C. next Day with the P—r, who is appointed by the Statute, in Caſes of Appeal, to inhibit the Execution of the Sen⯑tence, the V. C. would not ſuffer Mr. A—ll to proceed; but deſired Time to conſider, whether he ſhould admit the Appeal or not, and, after about a Fortnight's Deliberation, ſent Mr. A—ll the following Note:
I Could not determine upon your Buſineſs before Yeſterday, after the Poſt came in; and then it was agreed, that no Appeal could be allow'd from my Sentence of Suſpenſion.
Mr. A—ll, being of Opinion that the V. C. is not authorized by the Statutes of the U—y to refuſe his Right of Appeal, is determined to ſupport and defend it.
PAGE 6, l. 20, for ſeperate read ſeparate. P. 7, l. 17, a Period at Club. P. 24, in the Quotation, for Actore, read Actori. P. 32, in the Quotation, for comedenda read concedenda. P. 46, l. 6, for nor read not.