576. Proceedings in the Court of the Vice Chancellor, and in the Court of Delegates, in the University of Cambridge, and in the Court of Kings Bench, Westminster, in the Case of WILLIAM FREND, Clerk, M. A. for writing and publishing a scandalous Book or Pamphlet intituled, " Peace and Union recommended to the Associated Bodies of Republicans ands Anti-Republicans." 33 & 34 GEORGE III. A. D. 1793, 1794.* ON Saturday the ninth of February, 1793, the following Advertisement appeared in the Cambridge Chronicle. " In the press, and in the course of next week will be published, Peace and Union recommended to the Associated Bodies of Republicans and Anti-Republicans, by William trend, M. A. Fellow of Jesus College." On the next Saturday, a second -Advertise- ment appeared, stating, that the Pamphlet was published. Soon after the publication, the following members of the Senate waited upon the vice-chancellor at different times, to express their disapprobation of the Pamphlet, and their wish, that such notice should be taken of the authors offence, as might best declare the censure of the University: W. Wade, B. D. Fellow of St. Johns Geo. Whitmore, B. D. Tutor of St. Johns * Of the proceedings in the vice-chancellors court, I have met with two reports, one by John Beverley, M. A. and Proctor of the vice-chancellors court, and the other by Mr. Frend, the defendant. It should be observed that Mr. Beverleys report was formed from notes taken at the time by the late Dr. Jowett. The sources from which Mr. Freud composed his publication are thus described by him. " The proceedings of the two courts are given from official papers received from the registrary and bedell, and notes taken down by Mr. Lambert. Mr. Frends speech was written down by himself a few days after the delivery of it, and though his memory is not very tenacious, he has been enabled by the notes of Mr. Lambert to give not only the order and leading ideas, but in general the very expressions used. The reader will naturally make allowances for a composition confined to the rules of speaking, not of writing, two very different things, and recollect that the latter is to the former what an engraving is to a picture." These two reports do not differ niaterially ; however the account now presented to the public of this most curious and interesting case is compiled from both, after a careful and minute examination of their respective contents. Mr. Frends speech is given verbatim from his own report of it. T. Kipling,* D. D. Dep. Regius Prof. of Divinity J. Jowett, LL. D. Tutor of Trin. Hall, and Regius Professor of Civil Law W. Mathew, LL. B. President of Jesus Plampin, M. A. Tutor of Jesus J . Costobadie, M. A. T. Bayley, M. A. Fellows of Jesus T. Castley, M. A. J. Mainwaring, B. D. Margaret Prof. of Divinity P. Douglas, B. D. Tutor of Benet. T. Lloyd, M. A. Tutor of Kings E. Kilvington, M. A. Fellow of Sidney E. Outram, M. A. Lecturer of St. Johns W. Walker. M. A. Fellow of St. Johns A. Frarnpton, M. A. Lecturer of St. Johns It. Beiward, M. A. Tutors of Caius W. Walford, M. A. E. Bradford, B. D. Tutor of Benet II. Jowett, M. A. Tutor of Magdalen It. Glynn, M. D. Fellow of Kings Jas. Wood, B. D. Tutor of St. Johns G. Gordon, B. D. Precentor of Exeter J. Smith, B. D. Tutor of St Johns J. Oldershaw, B. D. Tutor of Emmanuel W. L. Manse, M. A. Public Oratort T. Salmon, B. D. Fellow of St. Johns J. Fawcett, B. D. Fellow of St. Johns H. Greene, M. A. Fellow of Peterhouse G. King, M. A. W. Pugh, M. A. Fellows of Trin. Coll. It. Ramsden, M. A. R. Tillard, M. A. Fellow of St. Johns F. J. H. Wollaston, M. A. Tutor of Trinity Ilall, and Jacksonian Professor In consequence of these applications, the vice-chancellor on the fourth of March, desired all the above gentlemen to attend him at his lodge, where he informed them, that, being called upon by so many respectable persons, he should now think it his duty to proceed against the author of the Pamphlet, in such manner as might be thought advisable. Being asked, " whether he meant in such manner, as might appear advisable to that meeting ;" he answered, " No; but in such manner as should be advisable on the whole" but added, " that he was very ready * Now [1816] Dean of Peterborough. t Now lord Bishop of Bristol. 525] William Frend, Clerk, M. A. to hear, what they might think proper to be done;" and left them in the room to consult together. The following resolution was then unanimously agreed to, and deposited with the vice-chancellor. Cambridge, Queens College, filarCh 4th, 1793. Resolved by the underwritten persons, members of the University of Cambridge, that William Frend, Master of Arts, and Fellow of Jesus College, be prosecuted in the vice-chancellors court, for having publicly and notoriously offended against a grace passed by the senate of this University in the year 1603: and that the following gentlemen be a committee to manage the said prosecution, viz. Dr. Kipling, Dr. Jowett, the Margaret Professor of Divinity, the Public Orator, and the reverend Mr. Belward, Fellow of Caius College. Geo. Whitmore W. Mathew E. Bradford J. Oldershaw W. Watford W. Wade J. Plampin H. Jowett J. Smith J. Costobadie J. Wood Thos. Salmon H. Greene On the Friday following, the five gentlemen, who had been desired to undertake the management of the prosecution, met to draw up an accusation against Mr. Frend, to be lodged with the vice-chancellor. But, on considering the forms and precedents of the vice-chancellors court, they found, that it had hot been usual for the accuser to dictate to the Court, under what particular statute the offender should be punished. It was therefore thought necessary, that they should call a second general meeting; which was accordingly done : and on the 1 fth of March, the following resolution passed unanimously : Cambridge, 11th March, 1793. " Agreed, that the following words in the resolution made last Monday, viz. " against a Grace passed by the senate of this university, in the year 1603" be rescinded, and that in lieu of them be substituted these words, viz. " against the laws of the university." T. Kipling J. Jowett J. Mainwaring W. L. Manse R. Belward A. D. 1793. [5Q6 F. J. II. Wollaston G. King G. Gordon W. Wilson II. Greene T. Lloyd R. Ramsden A. Frampton E. Kilvington W. Walker W. Pugh E. Outram On a subsequent day the managers of the prosecution drew up an accusation against Mr. Frend ; which was delivered to the vice-chancellor ; Dr. Kipling requested at the same time, that Mr. Frend might be summoned into the vice-chancellors court, to answer to the charge. Mr. Freud was accordingly summoned to appear in the vice-chancellors court, to be held in the law-schools, on Friday the 3rd of May, at ten oclock in the forenoon. CITATION. To John Beverley, William Mathew, and Henry Gunning, esquire bedels of the university of Cambridge, or their lawful deputy or deputies. Summon William Frend, master of arts, and fellow of Jesus college in the university of Cambridge, to appear before me, or my lawful deputy, and my assessors, at my next court, to be held in the law-schools in Cambridge, on Friday the 3rd day of May next, between the hours of ten and eleven in the forenoon of the same day, in a certain cause of office promoted by the reverend Thomas Kipling, doctor in divinity, and member of the said university, the said cause of office or matter of complaint arising within the jurisdiction of the said university ; then and there to answer to an accusation laid before me, in which the said William Frend is charged with having violated the laws and statutes of this university (particularly the statute de Concionibus) by publishing and causing to be dispersed, within the said university, a certain pamphlet,intituled " Peace and Union recommended to the Associated Bodies of Republicans and Anti-Republicans," of which doctor Kipling, the above-mentioned promoter of this cause, affirms him to be the author, and in which, according to the accusation of said doctor Kipling, religion, as established by public authority within this realm, and also all ecclesiastical ranks and dignities are impugned ; and so from court day to court day until the said cause be ended, and further to do and receive as to law and justice shall appertain. Hereof fail not at your peril. Given under my hand and seal, at Queens college, Cambridge, this 23rd day of April, in the year of our Lord 1793. (Signed) I. MILNEa, (L. S.) John Beverle y. ice-Chain:, [Copy.) T. Kipling J. Jowett J. Mainwaring W. L. Mansel It. Belward G. King T. Lloyd R. Ramsden A. Frampton E. Kilvington E. Outram R. Tillard W. Pugh W. Walker F. J. H. Wollaston W. Easton W. Wilson G. Whitmore Wm. Easton Henry Jowett W. Mathew W. Watford E. Bradford J. Oldershaw W. Wade J. Costobadie J. Smith P. Douglas J. Wood T. Salmon 527] 33 GEORGE III. PROCEEDINGS IN THE VICE-CHANCELLORS COURT. FIRST COURT DAY. At a court holden before the right worshipful Isaac Milner, D. D. vice-chancellor of the university of Cambridge, and John Smith, Richard Farmer, William Colman, Lowther Yates, John Barker, Joseph Turner, Francis Barnes William Craven, and Thomas Postlethwaite, doctors in divinity, and John Fisher, LL.D. his assessors, between the hours of ten and one, on Friday the 3rd day of May, 1793, in the law-schools of the said university. Me present. GEO. BORLASE, Not. Publ. and Registr. On which day a summons, heretofore issued against William Freud, M. A. and fellow of Jesus college, was returned by John Beverley, esquire be-del, who made oath, that the same had been personally served on the said William Frend, Mr. Frend appeared, and the Court was adjourned to the Senate-house.* Dr. Colman appeared at the adjourned court. When and where, Mr. Frend excepted to the court, as in the following paper, purporting to be a renunciation of the jurisdiction of the said court; which paper he read and signed in the presence of the registrary, who attested the same, and delivered it...
