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 Circumstances 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.)
AN AUTHENTIC NARRATIVE OF THE PROCEEDINGS AT
CAMBRIDGE.
Cam.
Dec.
16, 1750.
A S the Subject of the following Sheets has been Matter of public Discourse, and the Circumstances attending it much mistaken by some, and grosly misrepresented by others, it is thought proper to lay before the World a plain and succinct
Narrative
of the whole Proceedings; and we can assure our Readers that no material Circumstance is omitted.
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 Company 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,
Senior P—r of the University, enter'd the Room, attended by Mr.
F—r,
who follow'd him with the Staff. What ensued, the Reader will find amply discussed in the Course of these Proceedings; and we shall only observe 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 before them Mr.
B
—'s Accusation against the whole Club; and also particular Charges against
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.
It was with much Difficulty, that the Gentlemen 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 Report 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 Opportunity of justifying their Conduct to him; which they accordingly did, on
Thursday
Afternoon, 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 Meeting; 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 Defence 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 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 Accusation in Form from the P—r, and had laid it before the
H—ds;
that he could not determine 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 already 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:
To
J—s B—gh, T—s B—s,
or
T—s B—t,
Esqrs. Beadles of the U—y of C—ge, or their lawful Deputy.
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 before me at my next Court to be held in the Law-Schools on
Saturday
the
24
th 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 Discipline, for insulting and interrupting the Reverend
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
23
d Day of
November,
in the Year of our Lord
1750.
ED—D K—E,
V—C—.
All the Gentlemen, who were at the Club, were also ordered to appear in Court.
Nothing was now talked of in the University 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 unusual, 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 Irregularities 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; 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.
Saturday,
Nev.
24, 1750.
"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 Remembrance,
before he spoke at all.
That upon being informed, there were
Masters of Arts
in Company, 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 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 followed 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 Remembrance.
That about this Time some of the Company began to expostulate; Mr.
A—ll
in particular said, It was an annual, not monthly, Meeting; and one in particular said, It was uncivil 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 believed 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 Execution of his Office;"
or
Words to that Purpose.
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 appear 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 Applause 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 observed, 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 Acclamations of the Company.
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 recollect 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 Resentment 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.
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 Independency, upon being accused of his ill Behaviour.
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 instructed 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 secured 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 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.
About the middle of this Deposition it growing dark, the Court was by the
V. C.
adjorned to the
Senate-House,
when Mr.
P—r
proceeded, and finish'd it as above.
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,
having prepared his Defence, desired he might be permitted to make it immediately: To which the
V. C.
agreeing, Mr.
A—ll
spoke as follows:
Mr.
V. C.
IN a very public and unprecedented Manner I appear before you, accused of Irregularity and Insult to the P—r in the Execution of his Office.
It is indeed a very general Accusation; and as it is of a criminal Nature, it ought, according 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 therefore 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 Authority. 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 Witness of our Vindication.
To digest as well as I can and methodize my Defence, I shall submit it to your Consideration in the following Order.
First,
I shall state to you very faithfully, according to the best of my Memory, the Behaviour both of the P—r and the Club upon our Commemoration-Night; for upon this the whole of the Accusation is founded.
Secondly,
I shall enlarge upon the Circumstances; and expressly account for my own Conduct upon that Occasion.
Lastly,
Mr.
V. C.
I shall entreat your Indulgence, 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 accidental Omission in the Bill, and a Miscomputation 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 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 ordered 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 Foundation-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 visit 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 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 ensued 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 observed 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 cultivate and improve those most disinterested Friendships contracted in our Youth. And if I am not deceived (I speak this with great Deference to your Office) even you, Mr.
V. C.
have formerly expressed your Sense and Approbation 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 Meeting was originally at least not culpable, it follows 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 Complainant. 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 Anniversary, 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 imputed, when you have given me leave to explain 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 readiness 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 Addition, 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 Company, 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 something more. At this instant, without any Notice given, without so much as a Message to Mr
F—n,
Master of Arts, P-f-r and our President, 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 material, as it must invalidate the Credit of his Report; 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 either to drink the Toast (for this Ceremony is observed among us in public Healths) or to depart.
So false is the Charge of a general Outcry or Hallooing before he spoke, or afterwards, that I solemnly declare an universal Silence ensued 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 Irregularity.
When you reflect, Mr.
V. C.
upon this Situation of the Members, and the manifest Suspence they were in, you will not be offended that I should inform the P—r of the extraordinary 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 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 Insolence 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 Authority.
Yet before I conclude this Part of my Defence, 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 Accusation 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 Conduct 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 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 believe 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
seemed to be:"
The Crotchet was not spoke in Court, but delivered in to the
V. C.
afterwards.
Does not this Acknowlegement imply a Contradiction to the Air of Triumph? Remember therefore Mr.
V. C.
that, as this Accusation is of the Nature of a Criminal Profecution it ought to be quash'd and annulled, if it be either uncertain, or too general; 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 commendable 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 Attestation 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 respected by the Magistrates of the U—y. And what especially induces me (tho' not honoured 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 sensible 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 Company, had been occasioned by the Waiter's Neglect 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 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 Information 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 Information, 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,
Non debet Actore licere, quod Reo non permittitur.
Dig. lib. 50. Tit. 17. l. 41.
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 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 Report to the
H—ds.
For how faithfully soever you might repeat the
P—r
's Accusation; yet certainly you was liable to a wrong Impression 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 countenanced as to be thought worthy of a Consultation 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 prejudicial 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 Praejudication of the Case before them; yet the Citation 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 extraordinary 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; 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 Citation 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 myself, there is much more Reason to consider it as an Injustice to Mr.
F—n,
a Gentleman of an unblemished Reputation, a Master of Arts, Fellow of a College, and of distinguished Honour in the U—y: Yet not the common Civilities 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 Respect has been paid him as a P—f—r; nor the common Practice observed of hearing him before 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 accompany'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 invited to answer Mr.
B—n
's Objections, or apprized of them at least before they were referred to a Consultation of the H—ds. These are known Rules in Courts of Equity and Civil Law.
Favorabiliores Rei potius quam Actores habentur.
Dig. l. 50. Reg. 125.
In paenalibus causis benignius interpretandum est.
Reg. 155.
And certainly, Mr.
V. C.
if ever it was reasonable 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 prevail too much. Excuse me, Sir, for this Observation; 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 deserved any Severity or Censure at all? Quite the Reverse. And I am persuaded, upon an unprejudiced Enquiry into the Truth of the Case, it will be evident, we have merited other Usage: Our President especially, instead of this criminal 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 imputed to his Preeminence, and a Deference to his Rank as well as his Example, that so much Order, Decency, and Regularity were maintained 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 Connection.
]
Before my Conclusion I shall recapitulate the Facts, and subjoin a succinct Answer to the Charge against myself.
It is most materially worthy your Consideration, 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 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 drinking 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 Annual 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 representing to him, with Deference to his Authority, the solemn Occasion of our Meeting; and requesting him to remark the general Sobriety of all that were present, and to report it accordingly. My other Speech, for which I am here reponsible, was intended to undeceive the P—r in his misconceived Opinion and Suspicion, that the Applause was meant as an Insolence to him; and I endeavoured to convince him, in very few Words, of his Misinterpretation of it.
As to the Allegation, that I spoke with a
Sneer
or
Air of Triumph,
it seems to be inserted 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 sufficiently 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 Company will bear me Witness, that I recommended it to them to obey the P—r and depart.
Upon this I shall rest my Defence, and submit it to your Judgment; reminding you of an equitable Maxim, that if there should be any Difference of Sentiments among you,
Inter dispares Sententias, Mitior vincat.
P. S.
When I had ended speaking the above Defence; the P—r made a severe Observation, That there was no Reason to conclude the Company was like to depart, because the Reckoning was collected. But such a Construction of our Intentions with so improbable a Conjecture betrayed a malevolent Desire to insinuate Irregularity where he could not prove any.—I replied therefore to the following Purpose, That such a Fact was at least a strong Presumption in our Favour; and that it had ever been admitted, Probable Presumptions 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 Defence 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 below, 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 applaud the Defendant; and that in so tumultuous a Manner, that it was with the utmost 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 sufficient; 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.
In omnibus Licentia comedenda est ei cui onus probationis incumbit, Adversario suo de rei veritate jusjurandum inferre; ipso prius pro calumnia jurante, ut Judex juramenti fidem secutus ita possit sententiam formare jure religionis referendae ei servando
Dig. 22. 3. 25.
Mr. P—f—r
F—n
's Defence,
Dr.
G—e, P—t
of
K—s
-College, formerly Master of
E—n
School, endeavoured before Mr. P—f—r
F—n
began his Defence to intimidate him by observing, that Mr.
A—ll
's Defence was a seditious Harangue, and very affrontive to the
V. C.
and he would not advise Mr.
F—n
to speak in the same Manner; and while Mr.
F—n
spoke, he frequently interrupted him, found Fault with the Position of his Body, and told him to turn more to the
V. C.
and not talk to the U—y; rebuked him for treating the P—r's Character with Contempt, and all this with that high Degree of Politeness, Urbanity and Softness of Manners, for which he is so eminently distinguished.
spoke in the Law Schools, Nov.
27. 1750.
Mr.
V. C.
and Gentlemen of the Court,
I Am summoned to appear before you in this Court to answer for insulting and interrupting the P—r in the Execution of his Office, on
Saturday, November
the 17th, at the
W—r
Club. Great Surprize I must confess 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 unworthy 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 myself of that Dignity, and very ungrateful to those who conferred it upon me, were I capable 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 be of Opinion, that in such a Case the Facts alleged ought to be of a very extraordinary Nature, 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 sufficiently 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 numerous an Assembly meet, where more Decency and Sobriety were maintained than at 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 Measure 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 worthy 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 himself belong, and which he has so long patronized 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 Honour 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 Encouragers 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.
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 single Testimony of a Person who has all along acknowleged himself to have been, during his whole Stay in the Club Room, in such Confusion and Perplexity as not to know what he said or did, as will indeed be sufficiently evident when you hear the Articles of his Deposition; the inconceivable Falsehood and Absurdity of which I shall be obliged to expose in Vindication of my own Conduct.
Omitting therefore those Articles which regard particular Persons, I shall consider only those which have Respect to the general Behaviour 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 going 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 upon as an ill Omen to stumble at the Threshold. The first Thing he sets out with is absolutely
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 Hallooing 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 Observation.
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 informed there were Masters of Arts in Company,
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 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 mentioned, without any Application to me. However, 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 expostulate;
one
in particular said, it was uncivil to visit that Night;
some one
said, it was a rigorous Execution of the Orders, or,
Words to that Purpose."
"
This, Mr.
V. C.
is a most astonishing, unprecedented Way of laying an Allegation; such a vague and undeterminate Method, as not only proves but asserts Nothing, and would be sufficient to quash any Charge in any Court whatever.
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 endeavour
to contradict
what it is impossible
to understand.
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 Company there; but, as it happened, he was but a Minute or two on the right Side of Authority; 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 Execution of his Office.
This perhaps might be said by some of the Company, but I solemnly declare 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 equivocate 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 himself from absolute Falshood by the Salvos thrown into most of the Articles, such as
Words to this Purpose,
and
to the best of his Remembrance.
Whether what he asserts is to the best of his Remembrance or not, it is impossible 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 Article; that
"during these Disputes, Mr. P—f—r 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 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 amazing 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 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 Prosecution. 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 Anger and Resentment,
and he had told you before, that
I was in a Rage.
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 therefore 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 contrary 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 indisputable. 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 Instance 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 this Manner on every trifling Occasion; if a Look, a Laugh, a Smile, shall subject
them
to Censure and Punishment, how shall the younger 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,
without 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 Purpose,
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.
Mr.
F—r,
the Gentleman who attended the P—r, being asked, if he heard any Toast proposed, answered in the Affirmative,
viz.
"To our next merry Meeting, and that he believed the Words
without Interruption,
&c. were added, by
somebody,
but he could not say
who.
"
In Matters, Mr.
V. C.
where every Thing must depend on Words as related by the
Plaintiff,
the utmost Caution should be used; because the Addition of a single Word, nay a single Syllable, may entirely change the State 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 actually 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 myself; and I make no Doubt but that Things have now quite another Face than when partially 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 Disadvantage, I should not have spoken with that Openness and Freedom which I have ventured 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 Defence, and given us a fair and equitable Hearing. The same Candour, with which you have hitherto acted in the Course of these Proceedings, we also expect in your Determination 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 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 Power it is, and which ought indeed to be lodged in the Hands of none but Men of the strictest Honour and Integrity, Conscience, Tenderness, 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 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 illgrounded 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 yourself) that I am entirely innocent. If I have been obliged to expose the Absurdities, Perplexity, and Confusion of Mr.
B—n
's Evidence, 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 Behaviour 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 favourable Decision of all the Courts in the Universe, we shall have the silent Applause of our own Consciences to support, we shall have the unanimous Voice of all good, honest and reasonable Men to acquit us.
Mr.
F—n
having finished his Defence, Mr.
C—w
address'd the
V. C.
as follows.
Mr.
V. C.
and Gentlemen of the Court,
THE general Behaviour of the
W—r
Club on the 17th Instant, and particularly 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 general 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 Gentlemen of great Reputation, whose Characters have from their Admission to this Time remained unblemished, do receive such a Disgrace 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 appear to every candid and impartial Hearer.
But this Consideration I submit to the Judgment 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 Memory, 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 express 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 declare, 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 Sentiments of the Heart from the Expressions of the Tongue, (which I allow is extremely difficult;) 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 receiving 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 offer 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 alleged against the same Gentleman, as well as against Mr. P—f—r
F—n,
in which I am persuaded Mr. P—r is very much mistaken; but those Gentlemen have so well defended themselves, 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 resolved, (which Endeavours had succeeded, but for that Deficiency in the Reckoning, which, to my Knowlege, detained many, who were desired 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, rather 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 Assembly, comprized chiefly of Youth, met together upon so extraordinary an Occasion, in which any public Officer could expect to find fewer Marks either of Riot or Intemperance.
But to hasten to what regards myself:—Before 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 flatter myself the whole Court will think it highly improbable, I should at this Time of Day begin 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 endeavour to wipe off that Stain which my Character may possibly receive, from this Accusation, in the Eyes of them and many others, who have hitherto, I am persuaded, entertained a very different Opinion of me.
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 Purpose,
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 remonstrating 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 Sobriety, 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 before, 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 speaking in support of the Privileges of a Master 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 legal Visitation more than another; but meant to signify, that as an annual Meeting, at which Masters of Arts presided, it might not unreasonably 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 nothing to any such Purpose, and I believe yourself and the rest of the Court will think it highly improbable I should, when I had the new Regulations at that very Time in my Pocket, and was present when they passed.
These, Mr.
V. C.
are all the Articles particularly alleged against me; to which how far and how clearly I have answer'd, I willingly 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:
Mr.
V. C.
and Gentlemen of the Court,
I Am here called upon publicly to vindicate my Character which has been stigmatized 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 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 Observations would be sufficient to quash and falsify such a frivolous and ill-supported Accusation.
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
This Gentleman, being one of the Club, tho' by Mistake not cited into Court, was not permitted to appear as an Evidence in Mr.
V—n
's Favour.
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 remind the Court of the surprizing Incident by which Mr. P—r had the Happiness to discover that heinous Offender, whose rude and insolent Behaviour had struck him, in so particular 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 his Way a false and malicious Report, which having compared with his own confused Recollection 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 Knowlege 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 Informer 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 permitted to give his Charge, I hope it will appear 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.
Mr.
V. C.
here asked, if Mr.
V—n
would rest his Defence there. He replied, he would readily proceed to examine the Articles of the Charge, provided this Objection might have it's due Weight; which was promised. It must here be observed, that the Person, who attended Mr. P—r, swore first, that he observed no such Behaviour as is, in the Charge, attributed to Mr.
V—n,
from any Person. And secondly, that he did not know Mr.
V—n
at the Time they visited the Meeting.
The first Article of the Charge accuses me
"of laughing in his, the P—r's, Face, and behaving otherwise very insolently."
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 Appearance 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,
Inter dispares Sententias, mitior vincat.
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 Repetition of these Heads of Accusation, if they were not alleged as Marks of so ungentlemanlike a Behaviour as Insolence, which is here endeavoured to be proved by candidly anticipating 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 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 Discipline 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 apprehend 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 Independency. The World I remember to have used, and to this Effect; that as I was not intimidated 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 Justice for owning him capable to instruct me. My Question was, whether his Office obliged him to interrupt, in that rigorous Manner, so regular and solemn a Meeting as the Celebration 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 Intention to affront him is a new Expedient for corroborating a Charge of Insolence. He indeed seems to have answered one End, which is endeavouring to make it appear, that Mr. P—f—r
F—n
was the Man who received all our Applause, 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 Gentlemen, who took the Pains to speak for the Company, without naming any particular Person. This I thought it incumbent upon me to mention, as I observed the same Insinuation in Mr.
V—e
's Charge.
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 Declaration 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, Reflections on Words spoke and about to be spoken, 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 Hearing, 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 Authority, 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 adjourned the Court to
Thursday, November
29.
And now it was hoped, that, after the Defendants had so fully proved the Charge against 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 regard 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 Dignity of the Office of
V. C.
that it is the unanimous Opinion of this Court, that Mr.
A—ll,
for his rude, contemptuous and disobedient Behaviour
Nulla Juris ratio aut aequitatis benignitas patitur, ut qua salubriter pro utilitate hominum introducontur, ea nes duriore interpretatione contra ipsorum commodum ad severitatem producamus.
Dig.
1.
l.
3. 25.
to me, during his
Mr.
A—ll
remonstrating after Sentence pass'd, that he could not recollect any Thing in his Defence deserving it, Dr.
G—e
said,
"Sir, it was not what you said, but the Manner of it; Sir, you know
you elevated your Voice.
"
Defence of himself in Court, be suspended
ab omni Gradu suscepto et suscipiendo;
and I do, by my Authority, accordingly 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 having, by any Part of his
Mr.
A—ll
remonstrating after Sentence pass'd, that he could not recollect any Thing in his Defence deserving it, Dr.
G—e
said,
"Sir, it was not what you said, but the Manner of it; Sir, you know
you elevated your Voice.
"
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 Sentence, 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:
SIR,
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.
I am, Sir,
Your very humble Servant, E— K—.
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.
FINIS.
ERRATA.
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.