angells and his whole assembly, that I have greatly erred in my sayd opinions publiquely delivered, and specially touching the poynts about the most holy, earnest, meritorious, and heavenly prayer of our saviour, in that his bitter agony suffered for our sinns, wherein my said speeches were not only erroneous, rash, and presumptuous, but also such as might be taken to be dishonourable to our saviour, impious and profane, givinge just scandalle both to such as then heard me, and also further to whome the fame and report thereof hath come.

"Wherefore I humbly beseech, first, Almighty God, and next, you all (whome I have offended), to forgive me, (promisinge by God's grace to be more vigilant and circumspect hereafter) in that I shall publicly utter either in this or any other place.

"Which that I may the better performe, I humbly desyre you to pray for me, and now to joyne with me in that most absolute forme of prayer which our saviour Christ himself hath taught us."

The final meeting was now held, and, on the 8th of January 1609, the vice-chancellor, in the presence of eight heads, passed sentence upon him for his refusal, in the following words:

"Whereas you Nicholas Rush, late master of arts and fellowe of Christ's colledge in this universitye of Cambridge, have preached and delivered in St. Marye's church in Cambridge aforesayd, the 10th of September last past, a certayne doctrine judged by me deputye vicechancellor and the greater parte of the heads of colledges of the said universitye contra religionem seu ejusdem aliquam partem in regno Angliæ publica authoritate receptam et stabilitam; and being thereuppon covented before me John Duport doctor of divinitye, and deputye, and the heads, and also vice-chancellor of this universitye of Cambridge by me, with the consent of the greatest parte of the heads of colledges, strictly charged, injoyned sub pena juris at a certayne daye, tyme and playce, to revoke and recant the sayd false and erroneous doctryne according to a prescript for me, and manner of words heretofore judicially to yourselfe exhibited; and because you the sayd Nicholas Rush have perempterely refused so to doe in manner and form so to you prescribed, I therefore the sayd vice-chancellor's deputy doe by that authoritye is to me comitted, and by vertue of the statute in that behalfe provided, viz. Libro statutorum academiæ, cap. 45°, titulo De Concionibus, by the consent of the greater parte of the heads of colledges afforesayd, doe pronounce and declare you the sayd Nicholas Rush incidisse in penam in statuto præ mentionatam, and to be utterly precluded and shut out of the sayd universitye and Christ's colledge, according to the contents and effect of the sayd statute, and doe soe accordingly exclude and banishe you by mye finall sentence or decree, which I give and publishe in this wrytynge.

Lecta & lata 8 die mensis Januarij 1609,
Per me Jo. Duport deputat. vìcan.
Ita testor Ja. Tabor, registrar.
In present. mei Johnis Wi-e-
man, bedelli, testis rogati.”

How this precedent can justify the proceedings against William Frend, it is difficult to perceive; for, 1st. It relates to a sermon preached at St. Mary's. 2nd. There was not a promoter. 3rd. Rush was ordered to recant according to a particular form, which he refused to do, and yet sentence did not follow, as it must have done in a court of justice. 4th. The recantation finally proposed to him, specified his errors. 5th. The sentence was evidently pronounced in a private meeting, for not only the registrary signs it, but a bedell is besides requested to be a witness to it.— 6th. The exclusion from college is mentioned in the sentence, as well as banishment from the university.

ADAMS'S CASE.

In the case above related, the promoter has brought an instance of a person, on refusal to recant, banished from the university. The next produced by him is more full in some punished. parts, though the supposed offender was not

On the 17th of July, 1637, a meeting of the heads was held in the consistory, in which it was decreed, that Sylvester Adams, M. A. of Peterhouse, should be warned to appear on that day month, and bring with him the sermon he had preached at St. Mary's on the 25th of June. quence a summons was left at his college, In consebut he did not appear at the next or subsequent meeting, to which the business was deferred; and it was then farther put off to the 9th of October, when he appeared, and excused his absence, on the ground that he had not received any warning from authority saying at the same time, that his sermon was either in Sussex or lost. Upon which he was admonished to bring a true copy of it, such that he could swear to, on that day month.

On the 6th of November he brought his sermon to the meeting, and took his oath, that the contents were so far as he knew the whole of what he had delivered at St. Mary's. On the 4th of December was another meeting, in which he was admonished to deliver up a copy of his sermon without quotations; and was asked first, Whether he held that "the confession of all knowne sins unto a priest is the only ordinary revealed meanes for salvacion?" To which he replied, that he did not hold it. A second question was then proposed to him, Whether he held " that God doth not ordinarily pardon such knowne sins before mentioned, without such confession as is before mentioned?" To this question no answer appears.

on the Saturday following. On his next, presents itselfe, or otherwise in explicit in appearance, the “ vice-chancellor was in- tention and resolution) of all our sinnes comtreated to conceave a forme of acknowledge-mitted after baptisme so farre forth as we ment which should be propounded to Mr. doe remember is necessary unto salvation, Adams, to see if he would voluntarily under- not only necessitate, butt also necessitaté take it.” At the next meeting, on the 18th, medij, so that according to the ordinary or the vice-chancellor objected to Mr. Adams revealed means appointed by Christ there can .certain opinions, maintained in his sermon, be no salvation without the aforesaid confesupon confession to a priest. Adams replied, sion : upon more mature thoughts and better that he had said nothing in his sermon, which information, I doe finde that this doctrine he believed to be contrary to the doctrine of then delivered was both erroneous and danthe church of England. A recantation was gerous, having no warrant from the word of then read; and the question was put, “Whe- | God, and crossing the doctrine of our church, ther the recantation read be a fit recantation, as may appeare by her liturgie in the second to be made by Mr. Adams in regard of the exhortation at the communion, and in the matters delivered in his sermon, whereof a visitation of the sick, and in the second part copy is delivered ?" Upon this question the of the homilie of repentance. As therefore votes were very much divided; four of the in general I doe acknowledge in the words of heads only voting in the affirmative, four po- the aforesaid homilie, that it is most evident sitively rejecting the recantation, four voting and plaine that this auricular confession hath for longer time to be given to Adams, and not his warrant of God's word, and that thereone declaring that as yet he saw no reason at fore, being not ledde with the conscience all for recantation. Upon this difference of thereof, it we with fear and trembling, and opinion, Adams was admonished by the vice- with a true contrite heart use that kind of chancellor not to quit the town without his confession which God doth command in his leave.

word, namely, an unfeigned confession unto A long interval now ensued, in which most almighty God himselfe, then doubtless (as he probably many attempts were made in private is faithful and true) he will forgive us our to bring the heads to some better agreement : sinnes, and make us cleane from all our and on the end of March another meeting wickedness; so in the case of a troubled or was held, in which Adams appeared, and the doubtfull conscience, I doe conforme my opivice-chancellor, having read a form of recan- nion unto the direction of mother church, tation, asked him first, whether he would which, in her liturgie, doth exhort and require voluntarily submit to the said recantation ? those whose consciences are troubled with but he expressly refused to subscribe it. He any weighty matter, to a special confession, was then asked again, Whether he would so that they who canot quiet their owne conacknowledge the said recantation? but he sciences are to repaire to their owne or some persisted in his refusal. The vice-chancellor other discreet and learned minister of God's ihen delivered his opinion and sentence, in word, to open to him their grie!e, that so they writing, subscribing it with his own hands, in may receive such ghostly counsell advise and which he was followed by six of the heads; comfort, as their conscience may be relieved, and five of the heads suhscribed their names and by the minestry of God's word they may too, but in the negative. The paper was receive comfort, and the benefitt of absolution, drawn up in the following words:

to the quieting of their consciences, and the “ At the coosistory Martij 2°, 1637, pre- avoiding of all scruple and doubtfulness. sentibus. Doctor Brownrigg, procan. Doctor Butt it is against true christian liberty, that Ward, Doctor Collins, Doctor Bambrigge, any man should be bound to the numbering Doctor Paske, Doctor Bachcroft, Doctor of his sinnes, as it hath been used heretofore Beale, Doctor Cosen, Doctor Laney, Doctor in the times of ignorance and blindness. Love, Doctor Sterne, Doctor Holdsworth. This I doe acknowledge to be the doctrine of

“I having diligently perused the sermon of the church of England concerning confession; Mr. Adams, tellow of Peterhouse in this univer- / and to it I doe examine, subscribe, and am sity, concerning the necessity of confessing of heartily sorry for whatt ever I have delivered our sins to a priest; and having sundry times to the contrary.” convented him thereupon, and finding him still “ And if Mr. Adams refuses to make this obstinate in his false doctrine, I doe sentence publique acknowledgement of his error, then him so far forth as is in me to recall his error, i my sentence is, that he shall undergoe the and give satisfaction to the church, by the punishment which the university statutes, publique and audible pronouncing of this cap. 45. De Concionibus, doe appoint to be forme here underwritten:

inflicted; and I require the registror to make “ Whereas upon Sunday the 25th of June an act as well of this my sentence as of the last, in my publique sermon upon these forme of recantation injoyned by me, wherein words, St. John, xx. 23. Whose sinnes ye he is charged with no other but his own remitt they are remitted, and whose sinnes words in his sermon, and appointed to recall ye retain they are retained, I delivered this his false doctrine in no other butt the words doctrine, That a speciall confession unto a of the liturgie and homilie of mother church. priest (actually where time or opportunity This I require to be registered, that so it may

appear that I have done my part to assert and maintaine the doctrine of our church”

Of the heads who determined in the negative, four gave as a reason, that particular confession is not contrary to the doctrine of the church of England, and one required the qualifying of some particular expressions. Thus a recantation could not be proposed to Adams, and Mr. Vice-chancellor did dismisse the meetings, but not the cause;" but it does not appear that the cause was ever resumed, or that Adams was farther disturbed about his opinions.

From this case may be clearly collected, among other things, that the form of recantation was considered as a material part of the business, and that an order to recant, without specifying the particular crrours in a sermon, would have been considered as an absurdity. The next case referred to by the promoter is that of Whiston, taken from a loose paper found in the registrary's office, from which nothing can be collected, which does not confirm the account given in the preceding pages.*

WALLER AND DUCKETT.

The above are the only precedents brought forward for the court of king's bench by the promoter, which relate to the statute De Concionibus: the others were all either mere

* Copy of the paper relating to Whiston in Dr. Kipling's affidavit.

Octr. 20, 1710.--Coram Dno. procanco. assident. &c. comparuit Mr. Flackham, Townsend, &c. et jurat. deposuerunt.

23-Decret. Mrm. Whiston monendum, fore ad comparend.

23. Put in scriptis. 25.-Put in scriptis. 30-Put in scriptis. Dr. Roderick. Sir J. Ellys. Dr. Gower. James.

Blithe.
Covel.

Balderston.
Quadring.
Richardson.
Ashton.
Fisher.

Lany.

20 Octobr. 1710.

Unde Dns. procancellarius, assidentibus et consentientibus.

Colliorum præfectis, sententiam ferendo decrevit, declaravit et pronciavit, prout sequitur:

In the name of God, Amen. I, Charles Roderick, vice-chancellor of this university, do decree, declare, and pronounce, that Mr. William Whiston, mathematic professor of this university, having asserted and spread abroad divers tenets contrary to religion received and established by public authority in this realm, hath incurred the penalty of the statute; and that he is banished from this university.

Lata fuit humoi. sentia. per dnum. procanc. præsente me Robto. Grove, not, pub. et alma universt. præd. regro. Frend.

matters of discipline, or confessedly tried in the vice-chancellor's court, and the manner of proceeding was totally different. Copies are given of the summons to Waller, and proceedings of the court, by which he was banished for publishing a blasphemous libel, intituled David's Prophecy; and from these papers it appears, that one Brooke stood forward as an accuser, that Waller confessed the crime, and without the proposal of recantation was sentenced to be banished. The papers of Ducket's case are also copied, which prove that he was accused of atheisin in the vicechancellor's court, found guilty of the crime, and sentenced to be expelled the university.

Of what authority the contents of the papers thus sworn to by the promoter are, he leaves to conjecture; for he says only, that they are taken from books, papers, and records in the possession of the registrary of the university: the following cases he makes oath are taken from two books, the one lettered on the back, Act. Cur. 1690. 1709, the other intituled in the first page Acts of Court, 1752. The first case is that of John Latham, who confessed, that he had been in a house of ill his degrees: the second that of Rutter and fame, for which he was suspended from all Osbourn, who on confessing the charge that they were out of college at unseasonable hours in the night, and quarelling in the streets, From the extracts it appears, that these cases were also suspended from their degrees. the 18th of March, but the date of the year were determined by the vice-chancellor on is not put down; that they were mere cases diction before the vice-chancellor, and that of office, ordinary discipline, or criminal jurisnone of the heads were present. The next and final case is that of an undergraduate and a bachelor of arts, prosecuted by an inhabitant of the town for a riot on the night of the 28th of June and morning of the 29th, 1780, and indecent behaviour towards his daughters. For a variety of offences proved on the young men, by several persons examined in court upon oath, the vice-chancellor on the third day of hearing inflicted the following punishments: 1st, That they should be fined os. 8d. each for being out of college at unseasonable hours: 2nd, That one should be confined a fortnight, the other a week, to his college: 3d, That they should ask pardon of the promoter for the disturbance at his door, and of two of his daughters for some indecent language reflecting on them as unchaste women.

How these cases can serve the promoter Kipling, it is difficult to conceive. On the first day, in the last case, there was not a head in court besides the vice-chancellor; on the second, he was joined by five heads; on 1 the third, two only were present with him; and if none had been present, the cause would except that the same course was taken by the have gone on as well. Nothing is proved, promoter and his cabal against the author of a pamphlet, as against some young men for a

a

riot. But what has all this to do with the of a civilian, appointed a meeting of the colpresent question when it is not denied, that dege, which he required the author, by the the author of Peace and Union was tried in a following note, to attend : vice-chancellor's court. But it is affirmed, The master of Jesus college informs Mr. that he ought not to have been tried in such Frend that he appoints Wednesday, April 3, a court, and that no precedent can be alleged at eleven o'clock in the morning, for a meetin favour of a trial in that court, under a sta-ing of the master and fellows, to take into tute, which implies a mode of proceeding consideration a pamphlet, intituled “ Peace absolutely incompatible with the laws of a and Union, recommended, &c., by W. Frend, criminal court.

&c." which meeting the master requires Mr.

Frend, if called upon, to attend. To the preceding remarks, Mr. Frend sub

W. PEARCE, joins the arguments of counsel and judgment Jesus Coll. Camb. Mar. 27, 1793. of the Court; of which, as the reader has

To Mr. Frend. already been furnished with the very ample report by Messrs. Durnford and East, I for

The attention of the university was now bear to insert Mr. Frend's account.

turned to this meeting, and the opinion, which the master had brought down with him from

town, was thought by the faction a sufficient Other proceedings were instituted against ground for expulsion from college. This the Mr. Frend, in respect of his being a Mem- master would not permit the author to have

a sight of, though it was shown by him to his ber of Jesus College, Cambridge: of these friends out of college, who lost no time in proceedings, Mr. Frend published an ac- circulating the report through the university, count, from which the following is ex

that every thing succeeded to their wishes,

and that there could be no doubt of the college tracted : *

co-operating with the twenty-seven in the At Jesus college there was a meeting of execution of their designs. The friends of the some of the fellows, who drew up the follow- author were alarmed; with the energy of ing paper :

that zeal, which throughout the whole of February 22, 1793. these proceedings have uniformly marked

their kindness towards him, they came round At a Meeting of the President and major part him, and entreated him to be no longer pasof the resident Fellows;

sive. They requested him to send the case Resolved,

to a civilian : le considered it as superfluous, That a painphlet, intituled “ Peace and conceiving that it required none of the acuteUnion," lately published by W. Frend. M. A.

ness of a lawyer to understand a plain college fellow of this college, appears to us to have statute; but being unwilling to oppose the been written with the evil intent of preju- better judgment of persons, for whom he has dicing the clergy in the eyes of the laity, of the greatest regard, he sent his case to town degrading in the public esteem the doctrines to be laid before a civilian, and received the and rites of the established church, and of following opinion from Dr. Harris : disturbing the harmony of society. And that

CASE. as we feel it to be our particular duty to disavow principles calculated to mislead the The following is a Copy of one of the Statutes minds of young men entrusted to our care, a of Jesus College, Cambridge: copy of the said pamphlet be sent both to the vice-chancellor of the university, and to the

De pæna enormiter delinquentium. visitor of the college, inclosed in a letter to Item statuimus ordinamus et volumus quod each, espressing our disapprobation of the și quis sociorum aut commensalium sive stuopinions therein delivered, and humbly re- dentium dicti nostri collegii incorrigibilis questing them to take such measures as in existat vel de perjurio (quod absit) aut sacritheir judgment may appear most proper for legio furto rapina vel homicidio adulterio vel the effectual suppression of their dangerous incestu aut alio lapsu carnis enormi aut iniqua tendency.

violenta et atroci percussione studentis socii
W. Mathew, Thos. Bayley, vel quod deterius est magistri vel in alio quo-
J. Plampin,
T. Castley,

cunque crimine de majoribus et gravioribus J. Costobadie,

quæ infamiam irrogant reus inventus fuerit The master, after two days deliberation per niagistrum vel præsidentem et majorem with several of the fellows, and an interine- partem sociorum ab ipso collegio nostro re

movcatur et penitus expellatur. diate journey to London, to take the opinion

Mr. Frend, one of the fellows of Jesus col* In the original publication, Mr. Frend lege, being the supposed author of a tract, takes occasion to comment with much in- intituled " Peace and Union," &c, a copy of vective, on the characters and motives of those which is left herewith for your perusal, and gentlemen who were opposed to him :—such the college intending to take it into consicommcnts I have omitted.

deration, how far they shall be justified in

proceeding against him on the above recited it may yet be in point of form expedient for statute, on Wednesday next, your answer is me to say, though it may savour of repetition, requested, without loss of time, to the follow- that on the fullest consideration of the case, ing question :

according to the information before me de'Is the author of the book, intituled, rived from the college statute and the painph“ Peace and Cnion,” &c. liable, on account let, I am strongly led to think, that Mr. Frend of any thing written in that book, to the pe- can have no reason to be apprehensive of any nalty contained in the above statute, and un- sort of censure from a majority of a number der what part of the statute can the author of literary, well-informed, and candid men, be proceeded against ?"

such as his college is reputed to be comp^sed

of, if they confine themselves in the present The Answer of Dr. IIARBIS.

instance to the powers given them by the colThe college statute is penal in its nature, lege statute, and to the contents and the geand ought not to be construed more exten- neral tenor of the pamphlet. sively by the members of a society, than it

GEORGE HARRIS. would by an established court of public jus- | Doctors Commons, 3 1st March, 1793. tice; and penal statutes are always construed strictly in public courts.

The case and answer the author put into The recited statute enables the master or

the hands of the master the day before the president and the majority of the fellows, meeting, and desired him to lay them before which I apprehend to be a majority of the the fellows. This was done in the evening, whole number, and understand to be 16, to

and on the next day the author wrote down punish any member of the college, even by every thing that passed in the meeting, as far expulsion, who is found guilty of perjury, as he was personally concerned, in the folsacrilege, rapine, theft, homicide, adultery,

lowing words :

A little before twelve o'clock on April 3, incest, or of any gross misbehaviour or violence toward the master or any of the fellows, 1793, I was called into the parlour by the and also of any other crimes, which may porter; and the master, in the presence stamp infamy on the offender.

of ten fellows, showing me a pamphlet, asked It is, I presume, clear, that the writer of me, whether I avowed myself the author of the pamphlet cannot be accused of the com

it. I told him that, by advice of a civilian, I mission of any of the crimes, which are ex- requested the accusation, if I was accused of pressly specified in the statute; it can there any thing, in writing. He told me, that there tore only be asked, whether Mr. Frend, ad. was no accusation, and should only ask me mitting himself to be the author of the this question. I replied, that by advice of a pamphlet, can, as such, be said, in conse

civilian I must beg leave to wave any answer quence of any passage or passages contained to this question. Do you disavow it, sail in it, to have maintained, adopted, or favoured the master. I replied ; On the same princiany doctrine or opinion, which can be justly ple I wave any answer to this question. I deemed to be of such nature as to brand hini was then desired to withdraw. with infamy, on supposition that this statute

Between seven and eight in the evening is not limited to overt acts, and can be ex

the master again sent for me, and told me in tended to tenets.

the presence of the fellows, that they had inTo this I answer,

quired into the proofs of my being the pub

lisher of the pamphlet, and that they were That, as the crimes expressly mentioned in thought satisfactory. the statute, are all crimes of commission, it is to be inferred that the crimes, which are in

He also read to me the following Resolutended to be included under the words, quo

tions: cunque alio crimine, are crimes of commission also, and of the same nature with those which pamphlet have a tendency to prejudice the

1st. That several passages in the said are expressed, and imply not the crimes of clergy in the eyes of the laity. entertaining and propagating opinions, be 2dly. That several passages in the said they what they may: I have, however, no pamphlet have a tendency tv degrade, in the difficulty in further saying, that on a very public esteem, the doctrines and rites of the attentive perusal of the pamphlet, I have not church of England. been able to find any doctrine or opinion pro- 3dly. That there is a tendency in the posed, maintained or favoured in it, which in said pamphlet to disturb the harmony of my apprehension can, in the judgment of society. any loyal, moral and christian man, be said

4thly. That the said pamphlet tends more to fix a stain on the maintainer of such doc- particularly to hurt the credit and interests of trine or opinion, and much less such a stain this college. as could render him infamous in any legal sense, or in the judgment “ boni et aqui let, Mr. Frend is guilty of an offence contrary

5thly. That in publishing the said pamphviri."

to the laws of the college. After what I have written, it may not be absolutely necessary for me to add niore, but These resolutions were made, the master