THE
OPINION
OF AN
EMINENT LAWYER,
CONCERNING
THE RIGHT OF APPEAL
FROM THE VICE-CHANCELLOR OF CAMBRIDGE, TO THE SENATE;
Supported by a short historical Account of the Jurisdiction of the University.
In Answer to a late Pamphlet, intitled,
“An Inquiry into the Right of Appeal from the Chancellor or Vice-Chancellor of the University of Cambridge,” &c.
Is ne erret, moneo, et desinat lacessere.
Habeo alia multa, nunc quæ condonabitur;
Quæ proferentur post, si perget lædere.
BY A FELLOW OF A COLLEGE.
THE OPINION OF AN EMINENT LAWYER[96], &c.
The dispute concerning Appeals, which at present engages the attention of the University of Cambridge, is apparently of such importance to the peace and welfare of that great body; that it could not but be expected from any one, who proposed to deliver his thoughts upon it to the world, that he should at least have taken care to inform himself perfectly of the merits of the question, before he presumed, in so public a manner, to concern himself in it.
It must, therefore, surprize the reader of a late Inquiry into the Right of Appeal, &c. to find, that the writer of it, whoever he be (for as he chuses to conceal name, I shall not take the liberty to conjecture of it) should adventure to treat a matter of this consequence, without any distinct knowledge of the state of the case itself, or indeed without appearing to possess one single qualification, which is required to do justice to it. For the question, discussed, is of such a nature, that it cannot be determined, nor indeed tolerably treated by any one, who hath not a pretty exact knowledge of the History, Customs, and Statutes, of the University; and who is not, besides, at least competently skilled in the Civil and Ecclesiastical Laws. And yet this writer, as though nothing else was required of him, besides a confident face, and willing mind, boldly undertakes to decide upon it, under a perfect incapacity in all these respects. Instead of an accurate acquaintance with the Practice and Usages of the University, it appears he had no further knowledge of them, than what a few hasty and ill-considered extracts from the Register had supplied him with. So far is he from being conversant in the Statutes of the University, that he blunders in every attempt to explain the very easiest of them. And, as to his Law, he has only skimmed the surface of it for a few frothy terms, without giving the least proof of his being possessed, in any degree, of the sense and substance of it. This utter inability to discuss a point, he had voluntarily undertaken, must be thought the more extraordinary in a person, who, throughout the whole, assumes an air of authority; and though he professes modestly in his title page to enquire, yet, in effect, prescribes and dictates from one end of his pamphlet to the other. The tone of this disputer, whatever becomes of his reasoning, is all along decisive; and he does and must insist, as if he thought his very word of force enough to bear down all the reason and argument, that could be opposed to him.
Indeed the superior airs he gives himself, on all occasions, are not without their use. For persons unacquainted, as the generality of his readers must needs be, with the question itself, are readily enough inclined to believe, that a person so assured, cannot be so entirely ignorant of the merits of it, as in fact he is. And they who know better, cannot but apprehend somewhat from the assumed authority of a writer, who talks so big; however his total insufficiency might, in other respects, provoke their contempt. For my own part, I could not help considering him as a person of eminent dignity in the University; whose rank in it might give him a right to dictate to the school-boys of the place; for so he gives us to understand, he conceives of the Members of the University Senate[97]. In pursuing my conjectures further about him, I was sometimes inclined to think, from the very reverend regard he every where professeth for the Heads of colleges, that he must, himself, be one of that illustrious body and was led to excuse the superiority of his manner from reflecting, that a habit of governing absolutely in his own college (for so he thinks Heads of colleges have a right to govern[98]) had insensibly inspired that despotic style and language, which were so disgustful, and had looked so ungracefully, in any other. But then, again, my profound respect and esteem of that venerable order, and my actual knowledge of the great talents, with which these reverend personages so worthily preside in their high places, would not suffer me to imagine, that any of their number could be so unqualified to treat a matter of a merely academical nature, as this writer had shewn himself to be; and especially, as it immediately concerned their own authority, which they so assiduously study, and so perfectly understand. On the whole, I was forced to dismiss this conjecture, as having no reasonable foundation to rest upon, and, in perfect civility and good manners towards a set of men, for whom I have so sincere an honour, could only conclude him, at last, to be some weak and shallow pedant; unknown and uncountenanced by them; whose vanity had done him an ill turn; and thrust him unadvisedly on a weighty office, which he had no warrant, as he had no abilities, to discharge.
Under this opinion, both of the writer and his performance, which, as the reader sees, I took not up upon slight grounds, it was not likely I should ever think of giving myself the least trouble about either; much less that I should believe it worth the while to undertake in form, the examination of a foolish pamphlet, which indeed, I had hardly patience enough to peruse. The truth is, it had lain for ever unnoticed by me among the rubbish, which of late hath so oppressed the publick, on the subject of our academical disputes; or, at least, had been left for some future Academic to discourse of, at his leisure; had it not been for the Opinions of two truly learned and respectable Lawyers; which the Inquirer had thought fit to intersperse, as a little needful seasoning, in his insipid performance; and which, indeed, give it all the real weight and authority, it can possibly carry with it to men of sense.
The Inquirer, as supposing these gentlemen to afford some countenance to the good cause, he is maintaining, thinks fit, on the mention of their names, to drop his crest a little; and, in a lower tone of voice than usual, affects to treat them even with some appearance of respect. Yet this he does in so aukward a manner, as shews it was not usual or familiar to him, to descend to such submissions; for, as the height of that civility, which he was willing to express towards them, he chuses to distinguish them only by the title of the Gentlemen of the Long Robe. What impression the idea of a sweeping train may possibly make on the phantasy of this writer, I know not; but I, who am more concerned about the heads than the tails of these learned gentlemen, should have thought it an apter compliment to have turned our attention the other way. Unless, perhaps, he was secretly conscious, that by a little unfair dealing in the proposal of the Queries, in relation to which their opinions were asked, their Answers themselves did no real honour to the more essential part of a great lawyer, and so far willing to pin the credit of them intirely on their gowns. In plain truth this was the very case, as will appear from the Queries themselves, and the Answers; together with a few observations, which I shall beg leave to subjoin to them.
“After stating the 42d and 48th of Queen Elizabeth’s Statues, some circumstances of Mr. A—’s behaviour, and that an appeal of the same nature with his was not quite unprecedented, the two following Queries were put, [Inq. p. 28.]