A LETTER To a Member of the CONVOCATION OF THE UNIVERSITY of OXFORD: Containing the CASE Of a Late Fellow Elect of Universitycollege IN THAT UNIVERSITY. LONDON Printed, and to be Sold by John Nutt, near Stationers-Hall. 1699. A LETTER TO A Member of the Convocation OF THE UNIVERSITY of OXFORD. SIR, YOU may remember, I was Elected Fellow of Universitycollege in December last, but disapproved of by the Delegates of Convocation (for such, and not Visitors, I must crave leave to call them) the Reverend the Vicechancellor, Doctors of Divinity, and Proctors; Whereupon, as the Statute-Book and Register of that College Directed me, I proceeded to Appeal from that severe Sentence of theirs, to the Judgement of our Supreme and Primary Visitors, the Convocation: The Appeal I then lodged, I now design to Prosecute; and in order thereto it will not, I think, be improper, or unnecessary for me to Premise these Two Things; 1. To make out to you, and, through you, to the Convocation in general, my Right of Appealing, and the Convocation's of Receiving and Determining my Appeal: 2. To Propose, and Answer those Objections the Master urged against me, before Mr. Vicechancellor, Doctors of Divinity, and Proctors to prevent their Approbation of me: That, to remind them of a Power, their Ancestors formerly did, and they still may Exercise, and this, to incline them to make favourable use of it to the Redress of my Grievances. To manage the First of these Two particulars aright, will, I foresee, require more Law, more knowledge in the College Register and Statutes than my Misfortunes have yet taught me; therefore I shall leave that part to a Friend, who is able to set off your Title to much better advantage: But to Answer to the Crimes alleged against me, as it cannot properly be expected from any other, but immediately from myself, so it is a Task which, notwithstanding all my Troubles, I hope, I need not be afraid to undertake; since Innocency asks only the simplicity of Truth, and not much Subtlety, or Law to defend itself. But before I enter upon what I have already proposed, give me leave, I pray, to acquaint you a little with the Usage which I have all along met with from the Master, especially, for some time before the Election; that in the end you may be the better able to judge, Whether all that Heat, and Vehemency which Dr. Charlett has of late prosecuted me with, did not arise rather from somewhat else, than any Crimes which I have been guilty of. You must know then, I had not lived much past Two Years in Universitycollege, till, to my no small trouble and discouragement, the Master began to discover a particular dislike of, and aversion towards me; upon every slight occasion, slight indeed, if I had not given it. He was pleased to Sconce, Cross, or Impose me (for these you know are the several Punishments we have in Colleges) expressing at the same time such Anger and Resentment, as that it could not be long doubted whether of the Two he intended more, to Torment the Person, or Punish and Correct the Offender. This Mr. Hudson my Tutor very well knows, who has often expressed both his wonder, and concern at it; and so do all my Contemporaries who have often pitied and condoled my Misfortune: But why, the Master was pleased to be thus Severe upon me, more than any other Scholar besides, neither could they, nor I ever at any time learn. That I used to frequent Prayers and Sacraments, duely-perform and attend the Exercise, and other ordinary Duties of the House, I hope, I shall hereafter sufficiently prove to you; and he never thought fit to upbraid me with any particular Misdemeanour to my Face, or otherwise privately Admonish me of any by a Friend; and if he had known me guilty of any, how little soever he cared for me, he would so far, sure, have endeavoured my amendment, as to have told me of my Faults. There's one Passage, which, because it was the first occasion the Master had to be angry with me, I must not omit to mention: 'Tis a Custom the Scholars observe in our Chapel, to Rise, out of respect, when the Master comes in, and to continue standing till the Reader begin; this piece of Ceremony I always performed, as duly and constantly, as any of the rest, saving once, when the Reader happened to stay a pretty while after the Master, I was so negligent as to fit down, whilst others were so careful as to keep standing; this the Master unhappily observed, and severely Reprimanded me for't; and it was the first pretence he had to find fault with me, and the only time he ever charged me with Disrespect; but whatever notice the Master might take of this neglect at present, it was too small and trifling for him sure, to remember long: And therefore, I was often told, and greatly suspected myself, that a certain College-servant, whom for very substantial Reasons I could never agree with, used ever to feed and increase with false Stories and Misrepresentations, the Prejudice the Master at first took against me; but certainly, the Master would not give more credit to the Report of an infamous College Servant, than to the Testimony of the Fellows; therefore I ask his pardon if, while I am guessing at the hidden cause of this strange, and unaccountable Partiality towards me, I happen to assign a less honourable one. Whatever the matter was, as he had begun, so he was pleased to continue his Severity upon me, till I came to about Four Years standing, i. e. till I took an occasion to go into Cumberland, a considerable distance from him; but I had not stayed there much past half a Year, till my Tutor writ to me very kindly to come up in all haste, and appear a Canditate for a Fellowship which was at that time Vacant: I came up accordingly, took my Degree, and stood for the Fellowship, but happened, if some of my best Friends have not since Complimented me, to come up at that time a little too late to succeed in my Attempt: However the Gentleman who now enjoys that Fellowship so justly deserves it, and is so very well beloved in the Society, that, whatever Troubles my Success at that time would have prevented, which have since fallen upon me, I cannot be so injurious to the College, as to wish myself in his Place. But to return: Now that I had had the Hardship to be turned by the Fellowship (for my Tutor used ever to call their Electing a Stranger before me at that time a Hardship upon me) I was in hopes the Master would in Compassion abate somewhat of his wont Rigour and Severity towards me, and suffer me to live more easily and quietly under him; nevertheless he began to treat me again at the same or worse rate than formerly, and, as far as I could guess, was resolved so to continue; for as my Friends, as well Fellows, as others, have often told me, wherever they happened to mention me to any advantage (for some there ever were who from the beginning designed me better Things than what has befalen me) there would he be sure to Express his uneasiness, and divert the Discourse with a Frown. And indeed this particular Aversion of the Master's towards me, which as I could never learn the cause of it, so I was never any ways likely to abate, did so far affect and discourage me in my Studies, That, tho' I was ever designed for Divinity, and had spent some Years, and taken a Degree in order to't, yet, as my Tutor may very well remember, I advised with him about quitting the University, tho' I had fewer Friends any where else, and did not well know what other Calling to betake myself to. My Tutor was very much against my leaving the University, but quickly after was convinced of the reasonableness of my leaving the College; and it was upon this memorable Passage which, because I once thought it had happily ended in the confusion of some malicious Slanderers, and a perfect understanding for the future betwixt the Master and me, it will not be amiss to relate to you at large; The Master was pleased this Year to order me to speak a Speech, a Custom we Annually observe on St. Simon and Jude's Day, in Commemoration of our Founders, but happened to give but about a Fortnight's warning to make it in: Hence it was that my Thoughts and Studies being otherwise necessarily engaged, I was not at liberty to fit and prepare myself for the Holy Sacrament which in the mean time came to be Administered; nevertheless the Master crossed my Name, and appeared extremely offended, I heard, at my missing the Sacrament; and when I waited upon him to remind him of the business I had in my Hands, the short warning I had to do it in, and the necessity of finishing it by such a time, he discharged me in a great Passion from speaking the Speech, and sent me away with many bitter Reproaches of Impudence and Confidence; whereupon my Tutor, who knew how busy I was all the Week long, and even Sunday too, in composing and writing a Speech, which was to be repeated Memoriter on Wednesday following, and therefore the more excusable for missing the Sacrament, told me there was no living quietly for me in this College, and advised me to resign my Scholarship (for by this time I had been Elected Scholar of the House) and desire a Decessit; And go, says he, enter yourself at Oriel-College, and he was pleased to add, where you need not doubt of a Fellowship; I went accordingly, resigned my Scholarship, but was for some days denied my Decessit: In the mean while came the day of Solemnity when the Fellows thought fit to wait upon the Master, and desire that I might have his leave to speak the Speech: The Master returned, and therein gave the true reason of all his Wrath and Indignation against me upon this occasion, whatever he was pleased to pretend about my missing the Sacrament, That he was informed I had a design to abuse him in it, a Crime as far from my Thoughts as it would have been impudent and intolerable; whereupon my Speech was immediately sent for, read over, and returned back to be spoken without any Corrections: After this, the Master was pleased to send for me and deliver me my Decessit, which he before had denied me: But meeting with some Friends, who seemed sorry to part with me, and my old Acquaintance being desirous of my stay, I was at last persuaded to wait again upon the Master, and beg leave to continue in the College; and here it was that I began to hope that the Master would forget the Prejudice some secret Whisperers had hitherto fomented in him against me, and leave me a fair way to pursue his Favour in for the future; for taking occasion to express how sorry I was that I should have the misfortune to fall under his particular Displeasure, and promising, That, if he would be pleased to discover to me what it was in my Behaviour that so offended him, I would with diligence seek to amend: He was then pleased to answer (for I very well remember the Expression because it was the only one of its kind I ever received from him) Well! well! it is no matter; mind your business and I shall look forwards and not backwards. But for all this, tho' I do not know that he has thought fit to upbraid me with any Misdemeanour whatever from this very time down to this Second Election, i. e. for a whole Year and more last past (for the Crime he charges me with last did not appear to him, he says, till a Week before the Election) you shall hear how kind he has been pleased to be to me since. Tho' I was Senior, and, as you may observe, had once already been turned by a Fellowship, and a Senior, you know, they are seldom, or never so unkind as to disregard, especially, when he happens to lie under the discouragement of a former Repulse, Nevertheless, as soon as this Fellowship, which we now Dispute about, sell Vacant, he was pleased to declare in behalf of Mr. Denison, my Junior, and begun to talk of appointing an Election out of hand, to fill up the Vacany: But when he understood that the Fellows discovered more Favour for the Senior than what he either wished for, or expected, he then thought fit to suspend it, till in the mean time he might one way or other, engage a Majority of them against me; and this he endeavours no less earnestly by the Interest, and Intercession of Friends, than his own Solicitations; insomuch, that there was scarce a Day past, wherein some or other did not Speak, or Write in favour of my Competitor; the Master all this time, to facilitate his own, and their Endeavours, either quarrelling at, and despising my Scholarship, or else traducing my Morals, cruelly aggravating every the least Fault, which once in Seven Years time I had happened to commit, into a gross Crime, and Enormity: Nay, so fully was he bend to prevent my Success, that, when during the time of this Vacancy, he might have Recommended Mr. Denison, my Competitor, by the Joint-interest of his own, and that of the Fellows, to have been Preferred either at Oriell, or Lincoln Colleges; yet, contrary to all their inclinations, he would have him stay to oppose me; whereas I on the other side, either at that time, or any time else, was capable of appearing but at one other College in the whole University besides our own, nor that indeed with any probability of Success: for the Master had showed too great a dislike of me, to leave me any hopes of obtaining his Recommendations; or if he, and the Fellows had both been so kind as to have agreed together to set me out with a good Character it is not probable it would have availed me very much, when they themselves had thought fit to turn me by a Fellowship once, and were ready to do it again, especially at such a time when it might have been supposed, I had a fair Claim to that Vacant One of our own by the Right and Privilege of Seniority: And what's worse than all this, he was pleased to deny me the common favour of a Commutation of Terms, which all the rest of the Chancellors' worthy Delegates thought sit to allow me; whereby he has not only deprived me a present of the Benefit and advantage of my Degree (a thing the University is with good reason so tender in as nothing more) but has since found out Means, I am afraid, to debar me of it for ever. When he saw that all, which he had hitherto done, was likely to prove ineffectual, and that after Examinations were over, every Fellow in the House, except Mr. Smith, was pleased to Approve of me, he than betakes himself to a foolish, ridiculous Story, which Wanly the Servitor, not without the advice and contrivance of my Competitor, and his Two intimate Cronies Mr. Woods, and Pricket Butler, as I shall more probably suggest to you, by and by, some Days before had thought fit to inform him of; and what this was, you'd best understand, after I have told what passed in the Master's Lodgings, when to my great surprise, I was Summoned thither, before the Master, and Four of the Fellows the Day before the Election (for then, and not till then, did I hear a Syllable of this Objection against me, tho', it seems, it has for some considerable time been referved for a Pinch.) 1. Mr. Woods [A. B.] came and told them, That about a Year and a half agone, he heard me frequently for near a Month together, say, That the Master was a Familiar with such a Gentleman, naming him, as he was with Mr. Tanner, and he took the Word Familiar, to be there meant in a Carnal Sense, for the Young Gentleman who sat at the Table with me at the same time, blushed nnd asked me, If I was not ashamed to talk so? With this, the Master turns hastily about, and asks me in a passion, What I could say to all this? I told him, I never thought, or said such a thing of him, as Mr. Wood saggested, in all my Life. Again, he asked me, Whether I ever I hud heard such a Story of him, or no? After some pause, I answered Yes, I could not say, but I had once heard such a Story of him (for Mr. Woods had now renewed that in my Mind, which probably, I should never have remembered of myself) but what I had heard was a foolish Jest, told me near 5, or 6 Years ago, of the Master and Editors, and not of Mr. Tanner, or any other Person in particular; and upon further Examination, I at length told him of whom, and in what manner I heard it. Next comes in Mr. Grenwood, [A. B.] and after him Wanly the Informer, each of them in order told their several Stories, which, since they do not affect me, it's not necessary here to repeat. All then, that was Alleged against me at this time, was, That I used to tell a Young Gentleman, That the Master was grown as familiar with him, as he was with Mr. Tanner. But by next Morning, which was Election-time, Mr. Woods had very much improved his Story; it was now no longer the Master was as familiar with such a Gentleman, as he was with Mr. Tanner, That happened to be a more soft and modest Expression of his own, but the Master used to Ride such an one, and make him a second Tom. Tanner. With this improvement, the Master Read it to the Eellows when they were met together to Elect, who thought it very odd, that the Gentleman should vary thus in his Evidence, and since he was such a particular Friend of Mr. Denison's, did not know, but the whole might be a Contrivance to promote his Interest; which they did the more justly suspect, because it was trumped up the very Day before the Election, was not delivered upon Oath, and whether under his Hand they did not know; for the Master, when they desired to see it, refused to show it them; and when they would have Examined the Witnesses in his presence, he absented himself, sent for them to his Lodgings, and ordered them to give the Fellows no Information; nay, when Mr. Greenwood, thinking that too great a disrespect to be shown to the Fellows, ventured to come and tell them that little which he knew of the Matter, he forthwith sent for him, and fell to Threaten him again at the same Rate as he had before done when he found him backward to come in a Witness against me, telling him, He would pluck the Gown over his Ears, and Expel him the College: I say, notwithstanding the Fellows thought, that they had hereupon good reason to give no credit to Mr. Woods' Story, and judged themselves not civilly Treated, yet, because they would preserve the Peace of the College, if possible, and pay what Respect was due to the Reputation of a Person in his Station, they offered the Master, That I should ask his Pardon in what manner he pleased, or submit to any Punishment he would inflict for the Crime he supposed me Guilty of. After repeated offers of this kind to no purpose, they made him this further Proposal, That if he pleased, they would agree to the putting off the Election till the Gentleman, to whom Mr. Wood said, the Words were spoken to, could be sent for, and that if he, who was equally Reflected upon with the Master, and had the most reason to remember them, would confirm Mr. Wood's Testimony, that then, not a Man of them would any longer appear for me, but deliver me up, and leave me to his Mercy. So different was the Behaviour of the Fellows from that of the Master upon this Occasion, though the Power in that College is equally in their own Hands, and all Things are to be Determined there by a majority. After several Adjournments that Day, the Master at last seemed very desirous to have the Election put off for one half Hour longer; which when the Fellows had agreed to, he sends for Mr. Hinckley, and tells him, he had another Witness, Mr. Denison, and he would Swear to the same purpose; if he thought this material, he might Communicate it to the rest of the Fellows, if not he should keep it secret. Mr. Hinckley returned, and with very good reason too, That he did not take a Competitor's Evidence to be very material, and for his part should not regard it. The Fellows therefore, knowing me clear from all other Exceptions, and laying no stress upon what Mr. Woods alleged without the concurrent Testimony of the Gentleman to whom the Words were spoken, at the next Meeting did me the Honour to Elect me. Thus have I given you a brief Account of the Master's good Inclinations towards me, from the time I was Two Years standing, till the time I was Elected Fellow: Come I to what I at first chiefly intended, namely, To Propose, and Answer those Objections the Master urged against me, before Mr. Vice Chancellor, Doctors of Divinity, and Proctors to prevent their Approbation of me. The Election being over, and Mr. Vicechancellor, Doctors, and Proctors being met together the Day following in the Master's Lodgings, in order to approve, or disapprove the Party Elected, Dr. Bouchier, the Master's Advocate, Read a long and black Indictment against me, setting me forth, As a notorious neglecter of Prayers, a scandalous despiser of the Holy Sacraments, and an infamous Noctivagator; one who was obstinate and contumacious in his Temper, deaf to all Advice, and proof against Correction; one who had wilfully and deliberately Perjured himself in the Face of the University, and lasty, had uttered scandalous Words against the Master, Words too gross and heinous to be repeated. And indeed, if they could but once have made out what they so furiously alleged, Mr. Woods [the Master's Second Advocate] might then with great Justice have inferred, That I was neither fit for that Society I was designed for, nor for any Society at all. But the Proof, it seems, which was brought to make good all the Hard Names Dr. Bouchier was pleased to call me, was such, that I have since, to my comfort, heard, several of the Reverend Doctors should say, They were, notwithstanding very well satisfied with my Character; and Mr. Smith, the only Fellow who opposed my Election, was so kind as to confess to me, that very Morning I took my leave of him, That my Friends had boar that Testimony of me, in answer to all other Objections, except that one relating to the Master, that he thought I could not justly be upbraided with them hereafter: But because the Master, and his Friends have, notwithstanding, since been very Cruel in their Misrepresentations of me, at other Places, as well as at Oxon, threatening, To make all the Bishops in England deny me Holy Orders, I ask you pardon if I enlarge a little upon so just and necessary a Defence. And here, I must readily own, and confess to you, That in all these Seven Years, I have sometimes missed Prayers, at one time or other absented myself from Sacraments, and sometimes been abroad after Nine a Clock; but that I have been so far Peccant in any of these Instances of my Duty, as to come short of those who stand the fairest in the Master's favour, or to lose at any time the Character of a Regular Student: This I hope you will as readily allow me, when I have told you, that the Reverend Mr. Naylor, Mr Hinckley, and the Honourable Mr. Bertie, did all Three bear ample Testimony before the Delegates to my Regular Observance of these several Duties; and, if those Gentlemen had pleased, they might have heard all the rest of the Fellows to the same purpose, except Mr. Smith, and he, which is Testimony sufficient, can say nothing to the contrary. But I pass on to the Charge of Stubbornness and Contumacy. The Instances they bring of this untoward temper of Mind, are Two. The I. Drawn from the manner of resigning my Scholarship. The II. From my not ask off Sconces. In answer to the first of these, I need only refer you to what I have already set down Pag. 5, 6. where you may observe, I did not in a bravading manner throw up my Scholarship, but with the advice of my Tutor resign it; and that too, upon a very prudent Consideration, in hopes, after some proof given there of my Manners and Behaviour, I might succeed in a Fellowship at Oriel-College, since, according to the Usage I met with from the Master, I could not expect one in our own. But I happened to make use of a Word in my Resignation, which I understand since, gave some offence: It seems I called my Scholarship Portiuncula exhibitionis, and the reason was, because that same Benefaction used to be held formerly entire, and given all to one: But the Fellows upon discovery of the Donor's Will, saw reason to divide it, and gave one Half, which was Fifty Shillings a Year to me, and I thought I had hit upon a very proper Word to express the half of a Scholarship, tho' I am very sorry to find that the propriety of the Word should be misconstrued resentment. 2dly. As to the second Instance of Stubbornness, my not ask off Sconces. For the first Two Years, or more, I believe, I was never Sconced at all; and afterwards, as I remember, the Master and Dean used always to give them out to the Poor, lest they should be troubled every time with this and t'other Scholar ask off his Penny and Two Pence; and so say all my Contemporaries; some of whom, never asked off a Sconce in all their time. Of late, since the Master has expected it, I have for the most part ventured to go and ask them off, tho' I was sure, when ever I went, to be very roughly received. Some few times indeed, I have forborn to ask them off, choosing rather to lose my Sconces, than to remind him of them, to his, and my own uneasiness. Since the Master has forgot it, I crave leave to remind him of another Instance besides of my Stubbornness and disobedience towards him, which is this: Soon after I had succeeded in this Scholarship, which I a little before mentioned, there was another fell Vacant, better than the former, and the Master fore seeing that I was likely to be Advanced to't, sends for Mr. Hinckley, whom he suspected wuoed prove my Friend, and tells him; There was a Young Gentleman, naming him, in the College, whom he had a great kindness for, and asked him, What he thought of Electing him into this Scholarship? My Friend was pleased to make kind mention of me at that time, saying, I was Senior, and he thought, the Fellows could not well deny me, if I should happen to stand sored: But, added he to the Master, here are several North-Country Fellowships in the House, and if you will please to be so kind as to give him any hopes of obtaining your Favour, when in time he shall become capable of one, I suppose, he will for the present be glad to recede, and give place to whom you think fit. This he agrees to, and word was brought me, of the fair opportunity I had, of engaging the Master under promise hereafter to be kind to me. Which you may he sure, I was very glad to embrace, dreaming of nothing, but of the North-Country Fellowship the Master was to help me to, and little thinking, he would prove the only means to turn me out of one, and afterwards Expel me, into the bargain. But after all this stubborness, and contumacy, the Master was pleased to upbraid me with, I hope, he cannot say, but I carried him readily all the Impositions he ever thought fit to set me, and that too, when others, who were Imposed at the same time, were never called upon for theirs; and that I waited upon him duly, and submissively upon all occasions, tho' I have often gone Three or Four times before he would allow me to see him: And Lastly, I Appeal to the several Officers of the College (whom I have had occasion now and then, to appear before) who are all ready to deliver a much different Character of my Temper. I proceed to that heavy and black Crime of wilful and deliberate Perjury, a Crime which they themselves, to be sure, must needs distrust the proof of, else I do not see what occasion they had to trouble themselves any farther. It seems they produce you a Letter from a Country Attorney, who tells them, That My Father died in such and such Circumstances, and left me an Estate of one Hundred and Twenty Pounds per Annum: This Estate they say I made away with upon taking my Degree, to avoid the Charges of Compounding, and so they fetch about the Crime of Perjury. Perhaps word might be sent this Attorney, that I was courting a Fortune instead of standing for a Fellowship, which made my Countryman give such an Honourable Account of my Estate; how ever a Person of Quality, whose Honourable Father was my Guardian, and therefore he may very well be supposed to know my Circumstances somewhat better than their Country Attorney, upon notice given him of this Objection against me, sent the Fellows a much different and truer account of my Fortune; so that, there remains nothing for me to add more, but to leave them to answer for the uncharitableness of their Censure. I have gone thus far in the Indictment, and I hope cleared myself too, as far as I have gone, of the Aspersions cast upon me; and now to give you a sufficient Testimony, once for all, of my Carriage and Behaviour, in opposition to all other Exceptions, as well as these. Be pleased to consider, that the Fellows were so well satisfied with it, that not a Faction, or a Party, but every Fellow in the House, except Mr. Smith, declared on my side, as well those who were absent, as those who were present; nay, those very Fellows, who were otherwise willing to oblige the Master, could not by all his Solicitations be drawn from me, till their last Objection was raised against me, and then only, to suspend their Votes, not to give them against me; and this is more, I hope you'll pardon the Vanity of the Observation where it is so necessary, than any Candidate in our House, who was once ever opposed, can boast of. Come we now to their last and greatest Objection namely, The Words said to be spoken against the Master; but because the Master did not only prefer these Words as an Objection against my Manners and Behaviour, and thereby got me tumed by the Fellowship; but, when that was done, for the very same Words commenced his Action against me in the Vice-Chancellor's Court, and procured my Expulsion, and that too, whilst an Appeal was depending; and since the Evidence given in against me before the Reverend the Delegates, happened to be repeated afterwards in Court, not without some Alterations and Additions, as well as fresh Witnesses produced, I shall for the present wave what was Sworn concorning this Particular in the Master's Lodgings, and hasten to Examine their Proof, where I find it delivered at large: only before I go any farther, give me leave to say a Word or two to what the Master it seems was pleased to tell the Delegates, about his denying me my Degree, and his Admonishing me one time about my missing the Sacrament; 1. He was pleased to tell the Vicechancellor Doctors and Proctors, that the reason why he denied me my Degree was, because I went about to get a Letter without first acquainting him with it, a Reason very different from what he was pleased to give me; for not mentioning a Syllable of my going to get a Letter without first acquainting him, he told me, As I had stayed so much longer than I needed to have done Undergraduate for my own pleasure, so I should be forced to stay as long Bachelor for his. But how I behaved myself upon this occasion, I shall here punctually relate to you. When I became standing for my Master's Degree (which was in Michaelmas Term last) I waited upon Mr. Smith, the Senior Fellow (for the Master was at that time absent) to desire leave, that the Terms which I had kept supernumerary to my Batchellor's Degree should be transferred, and accounted to my Master's (a favour every day asked, and as commonly granted in the University) Mr. Smith seemed very well satisfied but withal told me, It would look more respectful to wait the Master's return, and take his leave; accordingly, as soon as I had desired the Register to draw me up a Letter, and lodge it ready in Mr. Sherwin, the Beadle's Hand, I stayed and expected the Master's return; The Master being come, I waited upon him, desiring of him the same Favour, as I had done of Mr. Smith: He neither granted nor denied it me, but took time to consider of it; whereupon I went strait to Mr. Shewin, and ordered Him to have a care not to present my Letter to the Delegates till further notice: Mr. Sherwin accordingly, as he was going to get other Letters Subscribed ready for the Convocation, calls to know what he must do with mine: I promised to come an Hour after and tell him: Whilst I went to learn the Master's Resolution, Mr. Sherwin, whether to save labour, or presuming more upon the Master's Favour than I durst do, gives my Letter amongst the rest to be Signed, and when I came to bid him lay it aside, I found it to my surprise Subscribed by all the other Delegates; however, I did not offer to make any Use or Advantage of it; and what the Master can quarrel at in all this, I cannot imagine, unless it be for coming officiously to ask his Leave to commute my Terms, which no Body, it seems, is obliged to do; But however Things have since happened, I am loath to repent of any respect which I have paid him. 2ly, He says, He one time sent for me, and cordilly admonished me about missing the Sacrament, and withal, was so kind as to give me Archbishop Tillotson's Discourse concerning frequent Communion to read over: I returned soon after, delivered back the Book, and told him very pertly I did not like the Doctrine. I very well remember about Six of us (amongst whom were the two Evidences, Mr. Wood, and Mr. Denison,) missed Sacrament once; the Master sent for us, and ordered us for our Punishment, to Translate the Treatise abovementioned into Latin; in some competent time I finished the Translation, and carried it (which by the buy, none but Mr. Laurence and I ever did) but that the Master was neither so kind, at that time, as to admonish me about missing the Sacrament, or recommend that Book to me, any otherwise than the bare ordering me, amongst the rest, to Translate it might imply, all those Six can bear me witness; and I solemnly declare, That neither upon that occasion, or any other, did I offer to express to the Master my like or dislike of the Doctrine there delivered in any manner whatever, as I remember; and if I had done it, as the Master pretends, I am apt to believe he would have given me good cause not to have forgot it. This being said, I pass on to tell you, That after the Delegates had thought fit to disannul the Election, I little thought then of Appealing from their Sentence: I comforted myself in my loss, as well as I could, with the Zeal and Affection my Friends had openly showed me upon this occasion; and was more sorry to think I was to live apart from a Society, which appeared to love me so well, than any thing else: but when I heard the Master of Arts, from whose Voices I expected relief in Convocation, talk compassionately of my Case, and Dr. Charlett, not satisfied with the loss of my Fellowship began afresh to threaten me with Expulsion; and when I saw Mr. Denison, who from a Friend and a Competitor had turned my Accuser, going to be Elected by the Master, and Four of the Fellows, into that very place he had before Sworn me out of I was then either encouraged or provoked to Appeal: And indeed I dare almost put it upon any one to say, whether in the like case he would not have done, as I have; for, to put the matter as they would have it, Mr. Denison heard me now and then make merry with some odd Words at Table, which he interpreted to imply Scandal upon the Master, but it seemed so light a thing to him at that time, that he did not think it worth his time, either to advise his Friend to forbear, or to inform the Master of the Abuse; about Two Years after I was likely to carry away a Fellowship before him, he calls to mind this old Affront passed upon the Master, and tho' he did not go and inform the Master of it, he set Wanly to do't, and came in himself for a Witness; or else, I pray, what should make Wanly so busy with it just at this time above all others, he had heard this Story a Year and a half ago in a very gross manner from Mr. Bruch, but nevertheless did not think it worth his time to take notice of it? Or how at last could he tell the Master that I was concerned in't, since he had heard this matter from another, and never at any time from me? Why now Mr. Denison, I suppose had told him, as he had done Mr. Greenwood a little before the Election, That I had likewise said, that the Master B— Tom. Tanner, (for so it seems he made me speak) and if the Master did but know this of me, I should never come in Fellow. This made Wanly go, about a Month before the Election, very confidently to desire Mr. Elstob to inform the Society of this Objection against me, and this occasioned that Wise Debate, Prickett confessed in Court, Wanly and he held, whether was the properer Person of the two to discover this ridiculous Story to the Master; and lattly, this occasioned those dark and secret Cabals, Mr. Wood, Mr. Denison, Wanly, and Prickett the Butler used to hold frequently before the Election in the Cellar, and elsewhere, which, the Bachelors an all tell you, I ever expressed my Fears and suspicions of: and indeed this Club was resolved, it seems, whatever came on't to secure Mr. Denison the Fellowship; for when Mr. Greenwood, after I had been reprobated, began to talk of standing for't, Wanly told him in a very menacing manner, He had not best think of any such thing, for they would soon rout him out as they had done the other before him. It was not then out of any duty or obligation, that they informed of these words of mine (for then they must have informed of them as soon as they had heard them) nor out of any injury they saw done to the Master's Reputation (for what Injury could be done the Master's Reputation by Words, which no body remembered but themselves?) no, but they wanted a sufficient Objection to turn me by the Fellowship to make room for Mr. Denison; and some such Story would they have trumped upon Mr. Greenwood, if he had succeeded: Well than might I Appeal and try, if happily I could regain my Right, which I had for no other reason been bereft of, but because Mr. Denison should have it. The Appeal being lodged, and the Master not thinking fit to condescend to any Terms of Accommodation, or indeed, give me any assurance of Pardon, not so much as privately, and by a Friend, in case I would wave my Appeal and submit (I say assurance of pardon in case I would have submitted, for hints and items to submit, I confess, I had many, but withal I could get no private Promise, or security made me of pardon if I would have submitted) and I on the other side being very loath to forego the advantage of my Appeal, and entirely trust to his mercy, who, as he had before resolutely refused all tenders of Satisfaction, how great soever, when the Story was private, and within our own College, much more I thought would he do so, when it was become the public Talk and News of the Town, and the Votes of the Heads of Houses had passed in his favour: The Master, I say, not thinking fit to send me any private assurance of pardon, in case I would submit, and I without such assurance, justly fearing lest my Submission should be misconstrued a Confession, and subject me to some further inconveniency, Matters were for some time at a stand, till on the 15th. of jan. 9 8/9 I was Summoned to Appear in the Vice-Chancellor's Court, at the Suit of the Reverend Dr. Charlett, and the Reverend Mr. Tanner. And here, in the first place, I have good reason to complain, That Dr. Bouchier, who Prosecuted me so earnestly before the Delegates, and with all the Aggravations the Zeal of so Learned and Eloquent an Advocate could suggest, should, nevertheless, sit as my Judge, and give Sentence upon a Charge which he himself, but some Days before, had managed and dressed up against me; but with all due regard to so great Character, and without reflection upon the Justice of his Proceedings, I shall fairly State the Facts which were alleged against me, and then, according to a deer bought Distinction, return Answer to them in a double respect: I. I shall make Answer to them, as they are Alleged to set forth matter of Scandal and Defamation upon the Reverend Dr. Charlett, and the Reverend Mr. Tanner; and so relate my Expulsion: II. As they set forth an Objection against my good Manners and Behaviour; and so relate my Reprobation. The Depositions are as follow. 1. Mr. Woods Swears (to comprise the strength of his Evidence in as few Words as I can) That sometime after I had missed a Fellowship of Universitycollege, which happened on Feb. 23 9 6/7 [almost Two Years ago] he heard me at Table in our College-Hall say, That Arthur (meaning the Master) did ride Tom. Tanner (meaning Mr. Tanner Fellow of All-Souls-College) and made Mr. K. a second Tom. Tanner; these Words he heard me repeat frequently, for near a Month together, insomuch, that Mr. K. who sat at Table with me at the same time, blushed, and asked me, If I was not ashamed to talk so? By which Expressions he understood, that I meant the Master B —'d, these Two Gentlemen; for so the Word Ride, in his judgement, and that of Debauched Persons, as applied to Men does import. And further added, That when I was charged with the Words, as above Sworn to, before the Fellows, I denied indeed the Words, but said, I could produce my Author. 2. Mr. Denison backs his fellow Evidence Mr. Woods in every particular, saving, he was not present, when I said, I could produce my Author. And moreover, Swears, he heard me use the Word Clapperclaw, as well as Ride, and the one, as well as the other, in his judgement, signifies to B— r: And another thing, That he had heard me call the Master Roger. 3. Pricket Swears, I used to call him Pimp, and particularly one time Pimp Master general to the Lodgings; and he thereby understood, I meant he was turned Procurer for the Master. 4. The Honourable Warden of All Souls Deposed, That I said before the Delegates, in these, or such like Words to this effect; If I had said the Words above mentioned, I had my Author for them; and again, That when I was asked by one of the Doctors, Whether I would clear myself upon Oath, I answered, I would not. The Depositions being thus set down, I am first to make Answer to them as they are Alleged to set forth matter of Scandal and Defamation upon the Reverend Dr. Charlett, and the Reverend Mr. Tanner. I. To begin with the last Witness first (for if, what this Honourable Gentleman says, seems to imply, I have either confessed, or could not deny the Charge, there's an end of the Dispute.) As to the Story about the Editors, I owned both before the Fellows, and before the Delegates, I had heard it, tho' not any time this 4, or 5 Years, and for that, I told them my Author, Mr. M. but that I ever mentioned such a Story myself, or heard these Words the Two Witnesses Swore to, either from Mr. M. or any body else, so applied, I always flatly denied. 1 That I did not say this Clause [If I had said so, I had my Author for't] before the Delegates, with respect to the Words Sworn against me, as Mr. Warden would have it, is evident, because, this is the very thing some misinformed one of the Reverend Doctors of, at the Visitation, and he earnestly taxed me with; I was very positive in my Answer, That I never had said such a thing, and complained to Mr. Hinckley, and he to Mr. Smith, of the misinformation given in against me: Mr. Smith owned it a Mistake, and went, very honestly, when all was over, to have it Corrected: And it cannot be supposed, that I should make a confession of a thing, and at the same time vouch and prove a denial of it too. 2. That I did not say so upon my Examination before the Fellows, as Mr. Woods alleges, and as some misinformed one of the Reverend Doctors, is likewise evident because, Mr. Smith and Mr. Hudson, besides the Two other Fellows, Mr. Naylor and Mr. Hinckley, who both agree I said no such thing, at the time spoken of, being called to deliver upon Oath, what passed before them in the Master's Lodgings, did neither of them, agreeably to what Mr. Smith had before owned to Mr. Hinckley at the Visitation, mention a Syllable of this particular, which if I had said, they could not in that time have forgot it, nor would have omitted to relate what was so apposite to the purpose. 3. As to the Second Clause of Mr. Warden's Evidence, 'Tis true, I was asked, and Mr. Warden himself, as I remember, whether I would clear myself upon Oath? I returned, and the Reverend the Principal of Jesus was pleased to join with me, I conceived I was not obliged to answer to that Question; and so I answer still, because if I should swear, and that never so righteously, I should not perhaps escape Censure, which notwithstanding the ill Opinion some are pleased to harbour of me, I should be very loath to incur for a Fellowship. II. As to Pricket the Butler (that I may dispatch him out of the way) this is the Man that I more than suspected did always abuse and misrepresent me to the Master; and I ever did, and still do from my Conscience believe him to have been the occasion all along of the Master's Prejudice, and Aversion towards me, and the better part of the College, when they dare once talk freely, will tell you the same. Whether hereupon, I might be apt sometimes to call him Pimp, I cannot justly say; but that he should understand, or at least I mean the Word in the sense set down, neither will any body believe, when I have told the Passage which he at large related to the Court. I came (he says) into the Buttery one time, about a Year and a half ago, and finding myself Sconced Six Pence by the Master's Order, I fell immediately a scolding very furiously with him, and told him, he was always running to the Master with one idle Story or other, and I supposed this was the result of one of them? But I vowed I would not ask it off, and he might tell the Master so, if he would, for he was Pimp Master General to the Lodgings. The Expressions, which I here in a passion, and upon a surprise threw out, I must with shame own, are Rude and Disrespectful; but no body, I dare say, would make any doubt, what I meant here by the Name Pimp, the foregoing Words too plainly show, I meant, he used to carry Stories to the Master, and had just been telling some one or other of me, which caused the Master to Sconce me: And Pricket too, to be sure, understood it aright, for he had but upon Election Day, when he was purposely Examined, as to what he knew, concerning this Particular, given under his own Hand, That he knew nothing at all relating to't, but what he had heard from Mr. Woods, and Mr. Denison. But he ventured it seems, to strain a Point, to serve his Old Friend at parting, and kindly help me forwards when I was going. 3. These Two being dispatched, I come to Examine the joint Depositions of Mr. Woods, and Mr. Denison. which before I enter upon, I cannot but complain to you, that I should be obliged to Answer to any thing the later of these Two Gentlemen thinks fit to Swear against me: For when he Swore against me before the Delegatas, What was he doing but Swearing me out of the Fellowship to make room for himself? This the Right Reverend the Late Bishop of Oxford was very well aware of, and therefore, as I am told, asked at that time, Whether if the Fellowship should happen to be be declared Vacant, Mr. Denison would not become a Candidate for't? And it was answered by the Master, or some of his Friends, No, no: But 'twas observed, when Mr. Denison was afterwards Elected That, that Worthy Person, with some others, did not come to approve of him. And now again when he appears a Witness against me in the Vice-Chancellor's Court, What does he else but Swear me out of the University, the better to secure himself in his Fellowship? 'Tis doubly hard upon me therefore, that he should be allowed not only to Swear me out of the Fellowship to make room for himself, but suffered to Swear to keep himself in't: But before all be done, you'll easily perceive, without my telling of you, that Mr. Denison is more than ordinarily interested in the matter. Allowing then, that Mr. Denison, and his intimate Cronie Mr. Woods, heard Words repeated for near a Month together, at a public Table, which no body there present, besides themselves too, ever heard once, no not that very Gentleman, who, they say, made answer to them, and rebuked me for them (tho' I must own at the same time he told me so, he added, what I cannot very well tell whether it makes more for, or against me, That if he had heard them, he should not have thought it worth his while to have remembered them:) allowing, I say, what I can by no means grant to be true, yet neither do these Words of themselves signify what the Witnesses would make us believe, nor are there any Circumstances, or Reasons sufficient for their wresting of them to such a signification: And lastly, If all this was granted, yet the term of Time limited for the Action, is already elapsed, the Words having been spoken above a Year ago. 1. Who those Loose and Debauched Persons are, with whom to Clapperclaw and Ride, pass current for such Obscene Practices, Mr. Woods and Mr. Denison, it seems, know best. To Clapperclaw, wherever I read, or heard the Expression, signifies no more than to Whip and Beat one. So Hudibrass, 2 Can. 2 Part p. 280. — The inward Man, And outward, like Clan and Clan, Have always been at Daggers drawing, And one another Clapperclawing. Not that they really Cuff and Fence, etc. and you shall commonly hear Nurses or Mothers, especially in the North of England, cry out to their Children I'll Clapperclaw you: So to Ride, is often transferred from its common and usual signification of managing a Horse, to that of managing a Man, or ruling him, ad libitum & arbitrium, as Priest Ridden, The Rich Ride the Poor; and what makes the Expression more proper in this Case, is, the Master himself has been heard to use it, saying, He could Ride such an one. Since the Words than do not of themselves signify what the Witnesses suggest, where are the Circumstances and Reasons for the wresting of them to such a signification? 1. Say they, The Words were spoken about a Month or six Weeks after Mr. Clavering ' s Election, and 'tis to be supposed, you might speak them in the Sense alleged, out of Resentment, and by way of Revenge upon the Master, because you was at that time laid aside. In Answer to this, I must observe to you, That these Two Witnesses Swore before the Delegates▪ to about a Year and half ago, without any relation, or reference had to Mr. Clavering Election, or so much as mentioned: But before Mr. Vicechancellor, Mr. Denison, to bring them nearer to Mr. Clavering Election, Dated the Words in April 97. a Quarter of a Year higher than before, and Swore to them with express reference to that Election; I say, Mr. Denison, for tho' Mr. Woods did equally advance the Date of the Words with Mr. Denison, and say, The Words were spoken indeed, after Mr. Clavering Election. Yet he would not suggest that they bore any relation to that Election; whereas Mr. Denison was pleased to say, I was vexed, he believed, because the Master at that time did not Vote for me, and thence I came to utter such words against him: But Mr. Denison, you must understand, by this time was Elected into the Fellowship, therefore no wonder if he thought himself obliged to go beyond his Brother Witness, and do something Extraordinary upon his Promotion. However it is well known, if I had reason to Quarrel with any body upon that Election, it was myself, or some of my best Friends; I had had long e'er this too too great Experience of the Master's Aversion towards me, ever to hope for his Vote at the Election of a Fellow, and it is not probable, that I should be much vexed to find I had missed of that, which I durst neither hope for, nor expect. Besides, if I had been so wickedly minded, as Mr Denison gives out, I think, I should scarce have chosen either those Words, or that Place, he talks of, to have expressed my malice in, but Words more serious, and a Place more private, and judged it more both for my purpose, and safety so to have done. Last of all, Would I have brought in a Man, whom all the College so deservedly Esteem, and whose intimate Acquaintance I still pride myself so much in, to have been a sharer in this Scandalous Report; for such is the Gentleman, they tell you, ay I directed my Discourse to at Table, and whom, as well as Mr. Tanner, it seems, I said the Mr. Clapperclawed. The frank and open manner then in which, they say, I delivered myself, and the tenderness and regard every body has for the Reputation of his Friend, might have sufficiently declared the innocence of my Thoughts, whatever sense, or interpretation they had thought fit to put upon the Words. 2. Say they, And what does plainly demonstrate your meaningin these Words, you confess that Mr. M. told you, That the Master B —'d the Editors, and what he calls B—ing, you call Clapperclawing. You, see Sir, what advantage they are pleased to take of my Honesty and Simplicity, and just such use would they have made of my Submission. But to the purpose; Mr. M told me once an idle Jest of the Master and Editors, which neither he, nor any body else, took any further notice of: About Two, or Three Years after, I happened to talk concerning the Master, Mr. Tanner, and another Person, must I therefore needs allude to a Story told me so long ago, wherein neither Mr. Tanner, nor this Gentleman's Name, was so much as mentioned, and in such Words too, as are confessedly Proved to imply no such thing, as this Story expressed. If this does any way demonstrate my meaning, it must demonstrate it to be somewhat else sure, than what these Gentlemen would have it. What remains therefore, but that the Words, if spoken, should be construed in their usual and common acceptation, which, as before proved, will amount to no more than this; Here's one Scholar falls to Rally another of his Acquaintance, and tells him, The Master governs and manages him as he pleases, just as he does Mr. Tanner (for Mr. Tanner was ever known to be very observant of the Master, but there was no such Report as now there is, till Mr. Woods and Mr. Denison misconstruing these Words of mine, as they pretend, found it of late for their interest, to set it about, and in very express Terms) he gives him gentle correction to keep him in due order and submission: And what's all this but some Taunts and Jeers, such as pass often merrily and innocently enough amongst Young Scholars, which the Gentleman being offended at it, asks the tother, Whether he's not ashamed to talk so? And in this, or the like Sense must the Witnesses too, after all, have understood the Phrases above mentioned, for Mr. Woods, and he indeed is the only Person to be regarded, being asked in Court, Whether during the several times he heard me repeat them at Table, he always took them in a loose, immodest Sense? Answered, as will be Attested by Three credible Persons than present, Sometimes he did, and sometimes again he did not; Notwithstanding all the Circumstances and Reasons which they pretend to. 3. And to conclude this part, Admitting that the Words were never so express, yet the Civil Law, which is the Rule of their Judgement in the Vice-Chacellour's Court, says, Injuria verbalis solvitur spatio anni utilis; the term of time then limited for the Action is already elapsed, the Words, according to their own Evidence, having been spoken almost two Years ago, unless the Master can first make it appear, that he never heard of them till sometime within this Year: I say, and I crave leave to insist upon't, tho' the Words were never so Express yet the Master, before in Law he can recover any Damage, or exact any Punishment of me for speaking of them, must first make it appear he never heard of them till sometime within this Year, which if he can do it, is one great Argument to me they never were spoken at all. Thus much then for the Words as they are Actionable, and relate my Expulsion: come I to the Second thing proposed, Namely; II. To make Answer to them as they are alleged to set forth an Objection against my Manners and Behaviour, and so relate my Reprobation. And here I might justly be thought to have prevented all further trouble in this Particular, since what is not proved can be no reasonable Exception against me; and how far their Proof falls short, I have already observed to you: But because the Learned Dr. Boucher says, That Visitors in this Case need not wait for a strict and legal Proof, but may proceed Juxta conscientias, and according to their Belief, I shall, allowing all my Adversaries urge in this Particular to be true, fairly state the Matter, and leave the Convocation to agree what Rule they had best be guided by, the Law, the common Standard of Justice, or their own private Opinions; and whether, if they do perchance believe me guilty of a few nonsensical Words, they may not notwithstanding, in Reason and Discretion admit me Fellow of a College. To allow then what my Prosecutors were never yet able to prove, I happened unluckily in jesting now and then with a certain Acquaintance of mine, (a Gentleman who wants neither Sense of Honour nor Gratitude to vindicate either his own or the Master's Reputation where he should perceive them injured) to allude in some odd comical Language to a foolish Story, which I had once heard of the Master and Editors; and is this then such an unpardonable Offence in Youth, sometimes to have talked rashly and indiscreetly by way of Merriment and amongst his Companions, that, almost two Years, after he shall for this, and for this alone, be turned out of a Fellowship which he has honourably and fairly been Elected into? If I had reported such a thing as this of the Master abroad, or by secret Whispers and sly Suggestions insinuated the truth of it, but amongst ourselves, and in our own College, well might I then have been deemed an unworthy Member of a Civil and Ingenuous Society: but since, at worst, I happened only to throw out a few odd ridiculous Words, which no Body ever after so much as remembered, except Mr. Woods and Mr. Denison, nor they think fit to inform of them till at length for their own private advantage more than for any disrepute, which, they saw, had befallen the Master; as I have already shown: In a Word, since it appears that, if I did speak these Words, I neither designed nor intended any harm, either to the Master or any body else, nor accordingly did they ever receive any, I think I have done enough, if not to satisfy Dr. Charlett, yet, to wipe away the Objection, and acquit myself as a good Christian in that, when the Master thought sit to insist upon this Offence, I offered more than once to ask his Pardon in what manner he pleased, or submit to any punishment he would inflict; Nay, after he had got me turned by the Fellowship, and for one and the same Fault, was going to Expel me the University, nevertheless I readily consented to as fair a Character of him and Mr. Tanner, as their Friends thought fit to give them, and publicly declared in open Court, I never thought or imagined them guilty of the Crimes they were pleased to think themselves accused of: And now, if either of these Two Gentlemen will please to prescribe me any other method whereby I may clear their Reputations in this particular more effectually than hitherto I have done, I promise them, after all, instantly to set about it; for God forbid that it should be said, that I in any wise, in any manner had occasioned such a groundless Report to be spread abroad of any Man, and should not be willing by all means possible to clear him of the Scandal of it: But it is easy for any to observe that Dr. Charlett needed neither to have broke the Peace of the College, nor been thus injurious to me, if he had not designed something more, than the vindicating his own Reputation. I have now I think, at length gone, through all the Objections brought to prevent my being Approved, saving, that the Two Witnesses last mentioned, do somewhere or other add, That they have heard me talk against the Discipline of the House; Mr. Denison, for instance, at the Three Tun- Tavern; (for as to that particular, of saying, The Master Rogered such an one, which Mr. Woods Swore to before the Delegates, but Mr. Denison and he, do both contradict afterwards in Court, saying, I called the Master only bare Roger, I shall wave my Answer to't till they Swear a Third time, to fix the Allegation) what it was those Gentlemen heard me talk against the Discipline of the House, since they have not thought fit to tell, I am not able to shall only therefore, in the Conclusion, observe to you, how severely I am dealt with, when every idle Word, which Two Designing Persons have at one time or other heard to drop from me concerning the Master, or the Discipline of the House, should pass current, for a mighty Exception against me, whilst my constant Obedience and Submission both to the one and the other lie all the while unregarded. The Sum of the whole is this, The Master, as a certain Gentleman, if you will not take my Word for't, in due time and place will make it appear upon Oath, was resolved Three Years ago and upwards, that I should never succeed Fellow of University College, if he could hinder. Hence, no doubt on't, came all that Rigour and Severity which, as I have said, upon little, or no occasion he used to Treat me with, that, since the ordinary Course of my Life and Conversation, was not greatly to be complained of, he might happily provoke me by ill Usage, to say, or do what he might afterwards take advantage of: And hence it was, after all his Pretences, he did not stick to deny me my Degree, which at the Expense of my Time and Fortune, I was now become capable of, because that would have been one good argument more at the Election, for my preference to Mr. Denison; insomuch, that it's justly questioned, Whether or no, a Bachelor of Arts is capable of being Elected at all? And now when Examinations, with which, he had threatened me so severely, were happily concluded, and all his other Slanders and Reproaches of me (for so, I hope, I may safely call all his other Objections, since every Fellow in the House accounted them such) were laid aside and disregarded, pursuant to his former Resolution, he casts about, and inquires after such Stuff and Giberage, as you have heard: I say Inquires after for I cannot conceive, with what Confidence, Wanly, Denison, or whoever of them was the Informer, could go and pretend, as he must do, great damage and injury done the Master's Reputation by a Story which he himself had knowingly, and wilfully concealed for so long together, unless the Master had first enquired after this or the like matter, or given him some private Encouragement so to do; nor would he, when he had once found what he thought he could make an Objection of, admit of any Satisfaction, or Submission, of what kind soever; No, not when it was offered him by all the Fellows of the House; nor would he by any means be prevailed upon amicably to Adjust, or Comprimise the Matter within his own Society, but must hurry me away before the Heads of Houses, to have me turned out of my Fellowship, and Expelled the University, for a Ridilous Story which, in spite of all I could do, or say, he would both Prove and Publish to his own Discredit. Being therefore put by my Degree, if for any at all, for a Reason which, if I had been Candidly dealt with, should rather have hastened than have stopped my promotion to't; and being for a Reason as good as the former, i. e. for Words of a general and doubtful signification, and such, as by the Construction of all the Law in the World, can never be made Criminal, deprived of my freehold, Expelled the University, and turned out into the World to seek my Fortune; I have purposed, as I at first told you, to Prosecute my Appeal to Convocation, who alone can do me Right: Hoping that, that Venerable Body, will, as their Predecessors in like Cases, have done before them, Exercise their Privilege to their own Honour, and the comfort and satisfaction of the Injured. Nor does Expulsion, as far as I can understand, at all weaken my Right of Appealing, how craftily soever it was designed to destroy it. The University, and a College, I am told, are Two distinct Corporations, and I may forfeit the Privilege of the one, and retain the Right of the other. The King has Power to Found a College in the University, but he cannot make the Members of his College, Members of the University; that requires an Act of the Convocation, to Receive and Incorporate them into the University. We have a Modern Instance of this, Worcester-College has all the Rights of a College, that is, By the King's Letters Parents it is become a Corporation; but the Fellows of that College, as such, are not Members of the University: So that the Privileges of the University, and of a College may subsist apart, and the Right of the one, may be enjoyed by him who is no Member of the other. Otherwise indeed, a Fellowship would be a very precarious thing, if a Man must be deprived of it whenever a Master of a College in his Passion, or Prejudice, resolved to have him Expelled. But this, with the Right of Convocation, which otherwise, I had designed herewithal to have sent you, being to be Argued speedily in Westminster-Hall, I shall not further enlarge upon't, but patiently expect the Determination of the Court. Wishing therefore, whatever becomes of my Appeal, that Unanimity and Concord may for ever flourish in that Society to which, upon many Accounts, I am so much obliged to, and, that none ever after me may have the like Reason to complain of Dr. Charlett, I conclude, Yours to command, C. U. THESE are to Certify, whom it may Concern, That we, the several Fellows, Masters, Bachelors, and Commoners of Universitycollege in Oxon, whose Names are here subscribed, Have for some time known C. U. [A. B.] Member of the said. College, most of us Five, or Six Years, some more or fewer according to our several stand, and that we can safely, and with a good Conscience Testify, That he the said C. U. according to the best of our several Observations, has behaved himself soberly and honestly in his Conversation, diligently and industriously in his Studies, and has been ever held of good Repute, as well for his Learning, as Manners: In token whereof we set our several Hands. Fellows John Naylor. John Hinckley. Alb. Bertie. John Nevile. Robert Clavering. Bachelors. Ryley. Greenwood. Burlton. Nicholson. Cobden. Master's Tho. Coney. George Carter. Late of University. John Potter. Late of University. Matthew Holbech. Late of University. Commoners. Ibbetson. Thornhill. Nash. Banner. Burman. Heyward.