In every view, then, this objection to the Grace must appear very unaccountable. And the rather, when the reader understands that this clause was, with the greater readiness and pleasure, inserted into it, as this Vice-chancellor himself, whose goodness and candour require no encomiums of mine, had intimated, and even declared, that a provision of this kind was all the restriction upon the liberty of appealing which he wished to see made to it. For this excellent person was so much convinced of the propriety and expediency of this claim in general, that he very frankly professed his approbation of it, and only wanted to secure his authority, where indeed the only danger lay, from a torrent of Appeals, which, as he apprehended, might pour in upon him from the younger sort. So that, I think, we shall hear no more of this objection; and I am even not without the fond hopes, that, after this information, the Inquirer himself, whatever displeasure he might conceive at this part of the Grace before, will now grow into good humour with it.
After all, one cannot but suspect, that the Inquirer must have some better reason for his strong antipathy to this Grace than any that has yet appeared. The violent heat it puts him into, whenever he touches upon it, demonstrates, there must still be something at the bottom of this matter, which is the object of just offence. In looking narrowly for it, I found it at last, half smothered under a very shrewd and indirect insinuation, which I shall bring to light, after having presented the reader with his own words:
“I see not how a Grace of this kind could be offered, consistently with the Resolution said to have been taken at one of your first meetings, to assert the right of Appeal in such a manner as was warranted by the Statutes of the University: Nor am I less able to reconcile it with those professions of deference and respect, which at the same time were thought proper to be made for our great and illustrious Chancellor. No person would receive a greater pleasure than myself from seeing all the members of the University, however divided in other points, agreed in entertaining the highest sentiments of regard and veneration for him; but I confess, that this is a pleasure I am not very likely to have; till one set of men shall be pleased to give clearer and less questionable testimonies of this, than by opposing every useful regulation he recommended, and endeavouring to lessen and curtail an authority, which is only vested in the Vice-chancellor as his representative and locum-tenens[117].”
Here, then, we have all the venom of his heart injected into one malignant paragraph; which, under the gilding of a compliment, is to do its office without offence. And yet, it is plain enough what he would insinuate. It is neither more nor less than that the advocates for this right of Appeal are an unquiet, factious set of persons, bent on opposing all measures that tend to promote the good of the University; and, to say all in one word, listed in a vile cabal to dishonour, revile, and abuse their Chancellor himself. The gentlemen against whom all this is levelled must, I am persuaded, hold such senseless and licentious calumnies in such contempt, that I should not merit their thanks for attempting seriously to confute them. And yet I cannot help saying for them, that the Resolution hinted at in this place was drawn up with so respectful a regard to the authority of the Statues, and to the honour and dignity of our great Chancellor, as, one should think, might stop the mouth of Malice itself. Yet all this can be overlooked by our candid Inquirer. And on what pretence? Why, because some of those persons, who came to such a Resolution, had different sentiments, it seems, of the expediency of the late regulations from this writer; and because this claim of Appeals tends to lessen the authority of the Vice-chancellor. For this he modestly calls opposing the Chancellor, and curtailing his power.
Well, then, the crime is now out; and, to say the truth, if it be a crime, the University is deeply involved in it. For, when the late regulations were first proposed to the consideration of the Senate, a considerable majority were clearly of the same opinion as these culprits: and, with regard to the present claim, the University may be almost said to be unanimous in supporting it. But what in the mean time must be this scribbler’s sentiments of that most noble and illustrious person, for whose honour he here professes himself concerned; and of whom, it seems, he can think so unworthily, as to believe, that a liberty in judging concerning the expediency of some academical laws, which he had the goodness to propose to them, should give offence to one who has no other aim than to serve the University in a manner the most agreeable to their best judgments; and which, I am satisfied, they used the more freely, on a full persuasion that such liberty could not be taken as an instance of disrespect to him. This I should not doubt to call, of itself, a sufficient confutation of the idle calumny. But it comes with the worst grace imaginable from a declared enemy to the right of Appeals; who must know, if he be at all acquainted with what passed at that time, that the principal reason, which induced the University to oppose the regulations, was the just apprehension they were under, of an encroachment on this very right; not indeed from the Chancellor, who had no such intention, nor even any knowledge of it, but from certain forward directors in that affair, who gave the clearest and least questionable proofs of their designing to make the new laws the instruments of their own tyranny in this respect. So that, if any offence was given by the University on that occasion, the blame of it should fall elsewhere, and not on those on whom it is here so invidiously cast; persons, who on every occasion have testified the sincerest honour for their Chancellor, who venerate him as the protector and patron of the University, and would humbly co-operate with him to the attainment of those good ends, which it is his sole endeavour to promote.
But what follows, if possible, is still worse. A second charge against the University is, that they are endeavouring to lessen and curtail an authority, which is only vested in the Vice-chancellor, as his representative and locum tenens. What the collective body would return to this accusation, I pretend not to say; I have no commission to answer in their name. But, for myself, and those whose thoughts I have the opportunity of knowing on this matter, I answer boldly thus: That we are not in the least apprehensive of giving offence to this great person, who is more solicitous for the maintenance of the just rights of the University than any other member of it, by any respectful and moderate endeavours to assert our own reasonable privileges; that we are well assured, he approves, and is ready to countenance, all such honest endeavours; and that, lastly and chiefly, we are therefore earnest in our endeavours to lessen an authority (if that must be called lessening which is but preventing its being usurped), because it is vested in, and must be constantly exercised by his representative. For, whatever liberties he may presume to take with the assertors of this claim, I will venture to assure him, that, were unappealable power itself to be exercised only by our Chancellor, who is too high in rank, and too noble in nature, to be under any temptations of abusing it, though we might still think the authority unreasonable and dangerous in itself, we should esteem ourselves in perfect security under him, and could safely trust the administration of it to his care. But, as the person who by our Constitution is vested with it, is and must be a very imperfect representative of the Chancellor, in this as well as other respects, we hope to be forgiven by every equitable judge, if we are not forward to compliment ourselves out of our privileges; and have little inclination to lodge our liberties in less worthy hands.
After all, one would be glad to know a little more explicitly of this writer, since he professes himself so little satisfied with the conduct of the University, what those clearer and less questionable testimonies of their regard for the Chancellor are which he so loudly calls for, and the want of which, it seems, hath made his life so distasteful and uneasy to him. And, I think, I durst almost take upon me to guess at them. No doubt, they are such as these: “That the University Senate would be pleased to make no distinction in any case between the supreme Magistrate and his representative, nay, and his representative’s representatives”—“That they would courteously give that honour to his locum tenens or locum tenentes, without perhaps one single merit to justify such a claim, which the illustrious rank and dignity of their Chancellor himself, his eminent virtues, and services to the University, all conspire to challenge and demand from them:”—In a word, “that the University would offer themselves as willing instruments to carry into execution every paltry project, every low and selfish design, which little men in office are apt to form for themselves; and all this under the notion of its being a tribute of respect to the supreme Magistrate, and an instance of their veneration for him.”
Such as these, I can readily believe, are the testimonies of respect the Inquirer wishes to see paid to the Chancellor, and which, no doubt, would administer that sincere pleasure, which at present he divines (and, I trust, truly) he is not very likely to have. But does he think the Chancellor is to be abused by this thin pretence of respect? that true greatness is to be taken by this mere outside of an officious and false compliment? On the other hand, I dare be confident that nothing is more disgusting to him than such sycophancy; and that he is so far from allowing this conduct in the Inquirer, that he even disdains to have his cause and dignity so defended. “For, though (to use my Lord Bacon’s words on a like occasion) I observe in his book many glosses, whereby the man would insinuate himself into his favour, yet I find it to be ordinary, that many pressing and fawning persons do misconjecture of the humour of men in authority; and many times seek to gratify them with that which they most dislike.”
But the virulence of these malignant calumnies hath held me on a very unnecessary argument too long: I return again to the Inquirer, to whom I have but one word or two more to say, and shall then take my final leave of him.
You have talked, Sir, very importantly of the pernicious consequences of a right of Appeal in the University. The reasons on which you would ground these so anxious fears have been examined, and exposed, as they deserve. But, granting that some slight, nay, that some considerable inconveniencies might arise from it; were this any good argument, think you, against the subsistence of such a right? What would become of all the liberties which just government leaves us, nay, of the blessings and privileges which indulgent nature bestows upon us, if the accidental and occasional abuse of them were thought a reason sufficient to extort them out of our hands? Should you not have considered that a right of Appeal is one of the most important and valuable rights which mankind enjoy in society, and which, indeed, is almost essential to the very being of it? And would you have this sacred claim, patronam illam et vindicem libertatis, as a great ancient calls it, rudely and inhumanly wrested from us, on the frivolous pretence of some possible or even probable abuse? Had you been as conversant in the civil law as an Inquirer into such a question should have been, you might have found cause to entertain very different opinions of it. For the great masters in that science were as well aware as you can be, that such a right was liable to some abuse; but which of them ever thought this consideration of force enough to decry or abolish it? On the other hand, they acknowledge the inconvenience, yet assert and vindicate the use. Give me leave to refer you to one passage (you will find L. 1. D. De Appell.), very express to this purpose. “Appellandi usus quam sit frequens quamque NECESSARIUS, nemo est qui nesciat: quippe cum iniquitatem judicantium vel imperitiam re corrigat; licet nonnunquam bene latas sententias in pejus reformet, neque enim utique melius pronuntiat, qui novissimus sententiam laturus est.” What will you say, now, to this? That Ulpian, who affirmed it, was a factious, turbulent boy? one of those whom you disgrace under the name of the warm, assertors of independency, and who bear with indignation the thought of having any part of their conduct judicially animadverted upon? I presume to think you would hardly venture on this assertion. Nay, I please myself with hoping, that, when you have well considered this so sage and venerable sentence of an ancient Lawyer, you will even be disposed to abate of your vehemence in declaiming against such as go on his principles at this day.