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angells and his whole assembly, that I have Lecta & lata 8° die mensis Januarij 1609, greatly erred in my sayd opinions publiquely
Per me Jo. Duport deputat. vican. delivered, and specially touching the poynts
Ita testor Ja. Tabor. registrar. about the most holy, earnest, meritorious, and heavenly prayer of our saviour, in that
In present. mei Johnis Wisehis bitter agony suffered for our sinns, wherein
man, bedelli, testis rogati." my said speeches were not only erroneous, How this precedent can justify the proceedrash, and presumptuous, but also such as ings against William Frend, it is difficult to might be taken to be dishonourable to our perceive; for, 1st. It relates to a sermon saviour, impious and profane, givinge just preached at St. Mary's. ind. There was not scandalle both to such as then heard me, and a promoter. 3rd. Rush was ordered to recant also further to whome the fame and report according to a particular form, which he rethereof hath come.
fused to do, and yet sentence did not follow, “ Wherefore I humbly beseech, first, as it must have done in a court of justice. Almighty God, and next, you all (whome i 4th. The recantation finally proposed to him, have offended), to forgive me, (promisinge by specified his errors. 5th. The sentence was God's grace to be more vigilant and circum- evidently pronounced in a private meeting, spect hereafter) in that I shall publicly utter for not only the registrary signs it, but a bedell either in this or any other place.
is besides requested to be a witness to it.“ Which that I may the better performe, I 6th. The exclusion from college is mentioned humbly desyre you to pray for me, and now in the sentence, as well as banishment from to joyne with me in that most absolute forme the university. of prayer which our saviour Christ himself
ADAMS'S CASE. hath laught us."
The final meeting was now held, and, on In the case above related, the promoter has the 8th of January 1609, the vice-chancellor, brought an instance of a person, on refusal to in the presence of eight heads, passed sen recant, banished from the university. The tence upon him for his refusal, in the follow-next produced by him is more full in some ing words:
parts, though the supposed oftender was not Whereas you Nicholas Rush, late master punished. On the 17th of July, 1637, a of arts and fellowe of Christ's colledge in this meeting of the heads was held in the consisuniversitye of Cambridge, have preached and tory, in which it was decreed, that Sylvester delivered in St. Marye's church in Cambridge Adams, M. A. of Peterhouse, should be aforesayd, the 10th of September last past, a warned to appear on that day month, and certayne doctrine judged by me deputye vice- bring with him the sermon he had preached chancellor and the greater parte of the heads at St. Mary's on the 25th of June. In conseof colledges of the said universitze contra reli- quence a summons was left at his college, gionem seu ejusdem aliquam partem in regno but he did not appear at the next or subseAngliæ publica authoritate receptam et stabi- quent meeting, to which the business was litam; and being thereuppon covented before deferred; and it was then farther put off to me John Duport doctor of divinitve, and de. the 9th of October, when he appeared, and putye, and the heads, and also vice-chancellor excused his absence, on the ground that he of this universitye of Cambridge by me, with had not received any warning from authority the consent of the greatest parte of the heads saying at the same time, that his sermon was of colledges, strictly charged, injoyned sub either in Sussex or lost.' Upon which he was pena juris at a certayne daye, lyme and admonished to bring a true copy of it, such playce, to revoke and recant the sayd false that he could swear to, on that day month. and erroneous doctryne according to a pres
On the 6th of November he brought his cript for me, and manner of words heretofore sermon to the meeting, and took his oath, judicially to yourselte exhibited ; and because that the contents were so far as he knew the you the sayd Nicholas Rush have peremp- whole of what he had delivered at St. Mary's. terely refused so to doe in manner and form On the 4th of December was another meeting, so to you prescribed, I therefore the sayd | in which he was admonished to deliver up a vice-chancellor's deputy doe by that authoritye copy of his sermon without quotations; and is to me comitted, and hy vertue of the statute was asked first, Whether he held that“ the in that behalte provided, viz. Libro statu- confession of all knowne sins unto a priest is the torum academiæ, cap. 45°, tilulo De Con- only ordinary revealed meanes for salvacion?" cionibus, by the consent of the greater parte To which he replied, that he did not hold of the heads of colledges aftoresayd, doc pro- it. A second question was then proposed to nounce and declare you the sayd Nicholas him, whether he held “ that God doth not Rush incidisse in penám in statuto præ men- ordinarily pardon such knowne sins before tionatam, and to be utterly precluded and mentioned, without such confession as is shut out of the sayd universitye and Christ's before mentioned ?” To this question no colledge, according to the contents and effect answer appears. of the sayd statute, and doe soe accordingly At the next meeting on the 11th of Deexclude and banishe you by mye finall sen-cember, he delivered another copy of his tence or decree, which I give and publishe in sermon, and was admonished to appear again this wrytyoge.
ou the Saturday following. On his next, presents itselfe, or otherwise in explicit inappearance, 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 necessitate 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 : wipon 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 recanlation 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 Icave.
word, namely, an unfeigned confession unto A long interval now ensued, in which must 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 then delivered his opinion and sentence, in word, to open to him their griefe, 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 consistory Martij 2o, 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, fellow 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, 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: 45De 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 matters of discipline, or confessedly tried inand maintaine the doctrine of our church." the vice-chancellor's court, and the manner
Of the heads who determined in the nega- of proceeding was totally different. Copies tive, four gave as a reason, that particular are given of the summons to Waller, and confession is not contrary to the doctrine of proceedings of the court, by which he was the church of England, and one required the banished for publishing a blasphemous libel, qualifying of some particular expressions. intituled David's Prophecy; and from these Thus a recantation could not be proposed to papers it appears, that one Brooke stood forAdams, and “Mr. Vice-chancellor did dis ward as an accuser, that Waller confessed the misse the meetings, but not the cause;" crime, and without the proposal of recantation but it does not appear that the cause was ever was sentenced to be banished. The papers resumed, or that Adams was farther disturbed of Duckel's case are also copied, which prove about his opinions.
that he was accused of atheisın in the vice-' From this case may be clearly collected, chancellor's court, found guilty of the crime, among other things, that the form of recan- and sentenced to be expelled the university. tation was considered as a material part of Of what authority the contents of the the business, and that an order to recant, papers thus sworn to by the promoter are, he without specifying the particular errours in leaves to conjecture; for he says only, that a sermon, would have been considered as an they are taken from books, papers, and reabsurdity. The next case referred to by the cords in the possession of the registrary of the promoter is that of Whiston, taken from a university: the following cases he makes oath loose paper found in the registrary's office, are taken from two books, the one lettered on from which nothing can be collected, which the back, Act. Cur. 1690. 1709, the other indoes not confirm the account given in the tituled in the first page Acts of Court, 1752. preceding pages.*
The first case is that of John Latham, who WALLER AND DUCKETT.
confessed, that he had bcen in a house of ill
fame, for which he was suspended from all The above are the only precedents brought his degrees: the second that of Rutter and forward for the court of king's bench by the Osbourn, who on confessing the charge that promoter, which relate to the statute De they were out of college at unseasonable hours Concionibus : the others were all either mere in the night, and quarelling in the streets,
were also suspended from their degrees. * Copy of the paper relating to Whiston From the extracts it appears, that these cases in Dr. Kipling's affidavit.
were determined by the vice-chancellor on Octr. 20, 1710.-Coram Dno. Procanco. the 18th of March, but the date of the year assident. &c. comparuit Mr. Flackham, is not put down; that they were mere cases Townsend, &c. et jurat. deposuerunt.
of office, ordinary discipline, or criminal juris23.—Decret. Mrm. Wbiston monendum diction before the vice-chancellor, and that fore ad comparend.
none of the heads were present. The next 23.--Put in scriptis.
and final case is that of an undergraduate and 25.--Put in scriptis.
a bachelor of arts, prosecuted by an inhabitant 30 --Put in scriptis.
of the town for a riot on the night of the Dr. Roderick
Balderston. 28th of June and morning of the 29th, 1780, Sir J. Ellys.
Quadring and indecent behaviour towards his daughters. Dr. Gower.
Richardson, For a variety of offences proved on the young James.
men, by several persons examined in court Blithe.
upon oath, the vice-chancellor on the third Covel.
day of hearing inflicted the following punish20° Octobr. 1710. ments : Ist, That they should be fined 6s. 8d. Unde Dns. procancellarius, assidentibus et each for being out of college at unseasonable consentientibus.
hours: Ind, That one should be confined a Colliorum præfectis, sententiam ferendo fortnight, the other a week, to his college: 3d, decrevit, declaravit et pronciavit, prout se- That they should ask pardon of the promoter quitur :
for the disturbance at his door, and of two of In the name of God, Amen. I, Charles his daughters for some indecent language reRoderick, vice-chancellor of this university, fecting on them as unchaste women. do decree, declare, and pronounce, that Mr.
How these cases can serve the promoter William Whiston, mathematic protessor of Kipling, it is difficult to conceive. On the this university, having asserted and spread first day, in the last case, there was not a abroad divers tenets contrary to religion re- head in court besides the vice-chancellor; on ceived and established by public authority in the second, he was joined by five heads; on this realm, hath incurred the penalty of the the third, two only were present with him; statute; and that he is banished from this and if none had been present, the cause would university
have gone on as well. Nothing is proved, Lata fuit humoi. sentia. per dnum. procanc. except that the same course was taken by the præsente me Robto. Grove, not. pub. et almæ promoter and his cabal against the author of universt. Prod. regro. 1c.
a pamphlet, as against soine young men for 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 MF.
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, 1798. 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 inscrt 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 : lie 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 quoJ. 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 se
movcatur ct 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 consicomments 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 tuilest consideration of the case, ing question :
according to the information before me dea 'Is the author of the book, intituled, rived froin the college statute and the painpb“ 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, 31st 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 fol
lowing words: sacrilege, rapine, theft, homicide, adultery,
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, sait 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 him
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 in
quired into the proofs of my being the pubTo this I answer,
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
1st. That several passages in the said also, and of the same nature with those which pamphlet have a tendency to prejudice the 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 to 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 5thly. That in publishing the said pamphsense, or in the judgment “ boni et æqui let, Mr. Frend is guilty of an offence contrary viri."
to the laws of the college. After what I have written, it may not be absolutely necessary for me to add more, but These resolutions were made, the master