Proctors for 12 hours without reasonable or proba ble caufe. The plea of the defendants was first generally of the charter and privileges of the Univerfity and its officers exercifed by antient ufage in taking up diforderly and fufpected women; and it juftified the detention of the plaintiff one hour only: So that the plaintiff proving a detention of more hours than one, a verdict was found by the jury for the plaintiff; of neceffity, because the defendant justifying but one hour, and the plaintiff proving 12 hours, 11 hours according to the logic of the law remained not justified. Befides it might be, that the plaintiff was not in her then circumstances a proper object. Any justice of the peace or other peace officer might have erred in the fame manner, both as to the object of detention, or as to the mode of fupporting his act by proper pleadings. So that this cafe does not affect in the leaft the jurifdiction of the Vice-Chancellor, or the powers of the peace officers of the University. I dare fay, Gentlemen, you wish with me, that the public infults on the chief acting magistrate of the University, and on the body which he reprefents, may be buried in oblivion. I cannot however prefs too ftrongly upon your attention in these times the neceffity of a perfect union between the magiftrates of the Town and University; as I will do my best endeavours, while I have the honour of being in office, to maintain the infeparability of that authority which is fo naturally and clofely linked together in the chain of all conftitutional government. There are privileges for great public purposes which must be fupported. There is an alliance in the exercife of legal difcipline, which none but the enemies of both the Town and the University, and of every useful national establishment, ever attempted or wished to separate. I will now conclude. I have taken up, Gentlemen, much of your time; but with this view, that lefs of it may be taken up for the future; and 1 have hazarded the fatiguing your patience in hearing me, for the fake of all these good people here, who deferve to be inftructed: for altho' they are apt to be mifled and inflamed by perfons who make it their business to cultivate popular prejudices, yet I have ever obferved, that natural good fenfe and good humour are qualities common among our countrymen even of the lowest degree; and that they are generally fatisfied with juft reafoning, if it is but clearly and diligently laid open and adapted to their capacities. They must be fenfible that without public order men cannot either eat, drink or fleep; walk forth, or breathe fresh air in fafety. In few words we all know that fome muft govern, or that all must be miferable: And certainly, as there are but two ways of governing mankind, either by military force, (an inftrument too apt to get the better of its mafter) or by the respect due to the laws and the magistrate, it is much better for every community to be armed with laws, than to be awed by arms; and reduced into a flavish subjection, fit only for irrational creatures, Let me then, Gentlemen, once more exhort you to fatisfy the duties expected of you: do justice to thefe people, and to yourselves; to your own peace, your own properties, and your own characters, and to the perfon who has the honour to speak to you. If you fhall fee fufficient reafon, you will find the bills; if you fhall not fee fufficient reafon, you will reject them: but in every cafe you will remember your Oaths, and SUPPORT THE LAWS. AR ARGUMENT IN THE CASE OF THE POOR'S RATE Charged on the COLLEGES of CHRIST AND EMMANUEL, IN THE UNIVERSITY OF CAMBRIDGE, ARGUMENT. AN appeal from a poor's rate was made by an inhabitant of the parish of St. Andrew's in Cambridge, to the juftices of the peace for the town of Cambridge at the quarter feffions: and the ground of the appeal was, That the colleges of Emmanuel 'and Chrift were not rated within the faid parish; and therefore ought to be rated according to the 43 Eliz. Two juftices were of opinion that the rate fhould be quafhed: two the contrary; and the third not giving any opinion, the rate remained eftablished. Since that time the churchwardens and overfeers have made a fecond rate in which they have rated the mafters, fome of the fellows, and one fellow-commoner of the faid colleges. The rate made in the parish of St. Andrew's, Cambridge, is in the following manner : £. s. d. I 15 0 30 Rev. Dr. Richardfon, Mafter of Emman. Coll. 8 2 Francis Tunwell Churchwardens. John Smith John Blows John Wilkin Overseers. Allowed 22 March, James Gifford W. Ewin |