[105] See Determination of Delegates, before cited, p. 25.
[106] P. 26.
[107] P. 1.
[108] P. 62.
[109] Delegates are nominated by the Caput; and the Caput is, in effect, appointed by the Vice-chancellor and Heads of Colleges, who are commonly parties in all appellations. [See Stat. De capite Eligendo.] So (as the University complained, in their remonstrance against this very Statute of Q. Elizabeth) “when they [the V. C. and Masters of Houses] offer wrong, and themselves appoint judges to redress that wrong; it is too true, which Livy writeth in the state of Decemvira, siquis Collegam appellaverit, (meaning Appius’s judgment), ab eo, ad quem venerit, ità discessurum, tanquam pæniteret prioris decreto non stetisse.” [C. C. C. MSS.] So little reason is there on the part of the Vice-chancellor, to fear any thing from partial Delegates!
[110] The Inquirer hath even had the hardiness to advance this in the plainest terms. He harangues at large from p. 9. to 13. on the impropriety of appealing from the determination of a superior to an inferior; and, in another place, p. 39. derides the notion of citing the supreme Magistrate before more supreme Delegates. But how different were the sentiments of a late learned Civilian on this head, from those of this little academical Lawyer! Speaking of Mr. Campbell’s case, in 1725. “There is, says he, a subordination of jurisdiction in the University. The Vice-chancellor’s jurisdiction is inferior to that of the Senate; and upon Mr. C—’s saying, that he appealed to the University, the inferior jurisdiction ceased and devolved to the Senate, even before the inhibition. And, afterwards in considering the proctor’s inhibition; upon the Appeal, the Proctors represent the University, and are in that case superior to the Vice-chancellor.—And I am of opinion, that the Delegates in Mr. C—’s cause may, upon the Proctor’s applying to them, primo et ante omnia reverse the whole proceedings against him, in the V. C’s court, as an attentat upon the University’s jurisdiction; and may likewise inflict such censures, as the Statutes impower them to make use of, for the breach of the inhibition; all inhibitions being by Law, sub pænâ juris et contemptûs.” Dr. Andrews.
[111] P. 70.
[112] We have this confession from the candid writer of Considerations on the late Regulations, &c. “I must enter, says he, upon this subject with acknowledging, as I do with equal truth and pleasure, that there never was, within my remembrance, nor, I believe, within any one’s memory, a set of more able and industrious tutors than we have at present; more capable of discharging that useful office, or more diligent and careful in the discharge of it,” p. 12. And, again, “I think there prevails in general and through all degrees among us, a great disposition to sobriety and temperance,” p. 14.
[113] P. 64.
[114] P. 13.