The works of the Rev. William Thom, late minister ... - waughfamily.ca
The works of the Rev. William Thom, late minister ... - waughfamily.ca The works of the Rev. William Thom, late minister ... - waughfamily.ca
I40(5 LETTERS, TRAC"PS, If't.them carrying a mr.ce over his fhculder, which theycalled the Iceptre wand ; IIa\dng in this folemn mvinuertraverfed the college court, and reached the hall,the rector took his feat, and after a {hort filencefpoke to this purpofe :" It was with great concernthat I heard of this afFair. I have now been fometime in tov/n, and might, if I had pleafed, been prefentat fome part of the trial ; but I did not choofeto countenance a trial, for which there appears to meto have been no ground, and in which fomany irregularfteps have been purfued. 1 am a friend to civilliberty, and I hope to religion alfo ; and I difiikeperfecution of every kind. I believe you the profefibrshad no bad intentions in this matter ; but thenmoil of you know little of la^w, a«d I am unacquaintedwith it, for I never ftudied it. I think, that bythis profecution you have brought difgirace uponyourfelves, and upon your univcriity. You haveconftituted yourfel\i]es into a criminal court : Uponwhat authority have you done this ? If it be by thebulls of ancient popes, thefe were abrogated by the reformation; and if after that era any criminal jurifciiclionremained to you, it hath been taken away bythe jurifdijlion act. I tliink, indeed,^ that like everyother college, you have right to exercife difcirlineover your lludents, with refpedi: to fmaller mifdemeanors,and to cenfure them by admonition, rebuke,or even expulfion j but if any fiiKitnt commitany great crime, he, like other fubjefts, is to be triedin the courts authorifed and eftablilhed by lav/. Bythe form of this trial, you feem to be aiming at fomeftvere punifnment ; and yet it is only words or expreffionsyou have libelled, which, in my judgment,are not atbionable or cognofceable in any court ofjaw, nor merit any fort of cenfure. I fear this profecution,contrary to your intention, will appear tobe ecclefiaftical tyranny. , know not what to do inthis matter : I had b&fore me lafl year tlie cafe of a.
LETTERS, TRACTS, tij't*.^.Ojforeign fcudent, who had infulted one of you bythrowing off his periwig, and that affair was happily-ended when I fat in a court of this kind ; and nowyou are proceeding in this other trial. Had I foroi'centhere would be fo muth bufincfs for me, I wouldhave named other fort of afleifors than you ; for exceptone gentleman, I believe none of you pretendto Jcnow law, I would -have named, indeed, men ofliberal education, and of liberal ideas alfo ; I wouldhave named the lords of jufticiary, and the iheriff deputeof the county, i know not what to do in this'matter. Were I to do any thing, it would be tothrow the libel over the bar, and allbilzie the ftudentimmediately ; but even that would be to acknowledgethe legality and competency of the court : As I cannotdo fo, and as I cannot countenance your proceedingin this trial, I will enter a proteft, and immediatelyleave the court."Chap. 33. The lord reQor fpoke at great length,and delivered many noble fentiments on liberty, anU_againft civil and ecclefiafticnl tyranny, which I amforry I have not room to relate -at large. There wereprefent two profeflbrs, who, from the beginning of1 the affair, had been uniformly of the fame opinionnow expreifed by his lordfhip ; both with refpccl tothe relevancy and the competency of the court ; andit was vifible to every fpectator, how the countenancesof thefe two gentlemen brightened up, whiiftthe rector,was fpeaking ; but the majority were in aconfounded pickle : One of them gnawed at his tobacco,and his face turned quite livid ; another's hc
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I40(5 LETTERS, TRAC"PS, If't.<strong>the</strong>m <strong>ca</strong>rrying a mr.ce over his fhculder, which <strong>the</strong>y<strong>ca</strong>lled <strong>the</strong> Iceptre wand ; IIa\dng in this folemn mvinuertraverfed <strong>the</strong> college court, and reached <strong>the</strong> hall,<strong>the</strong> rector took his feat, and after a {hort filencefpoke to this purp<strong>of</strong>e :" It was with great concernthat I heard <strong>of</strong> this afFair. I have now been fometime in tov/n, and might, if I had pleafed, been prefentat fome part <strong>of</strong> <strong>the</strong> trial ; but I did not cho<strong>of</strong>eto countenance a trial, for which <strong>the</strong>re appears to meto have been no ground, and in which fomany irregularfteps have been purfued. 1 am a friend to civilliberty, and I hope to religion alfo ; and I difiikeperfecution <strong>of</strong> every kind. I believe you <strong>the</strong> pr<strong>of</strong>efibrshad no bad intentions in this matter ; but <strong>the</strong>nmoil <strong>of</strong> you know little <strong>of</strong> la^w, a«d I am unacquaintedwith it, for I never ftudied it. I think, that bythis pr<strong>of</strong>ecution you have brought difgirace uponyourfelves, and upon your univcriity. You haveconftituted yourfel\i]es into a criminal court : Uponwhat authority have you done this ? If it be by <strong>the</strong>bulls <strong>of</strong> ancient popes, <strong>the</strong>fe were abrogated by <strong>the</strong> reformation; and if after that era any criminal jurifciiclionremained to you, it hath been taken away by<strong>the</strong> jurifdijlion act. I tliink, indeed,^ that like everyo<strong>the</strong>r college, you have right to exercife difcirlineover your lludents, with refpedi: to fmaller mifdemeanors,and to cenfure <strong>the</strong>m by admonition, rebuke,or even expulfion j but if any fiiKitnt commitany great crime, he, like o<strong>the</strong>r fubjefts, is to be triedin <strong>the</strong> courts authorifed and eftablilhed by lav/. By<strong>the</strong> form <strong>of</strong> this trial, you feem to be aiming at fomeftvere punifnment ; and yet it is only words or expreffionsyou have libelled, which, in my judgment,are not atbionable or cogn<strong>of</strong>ceable in any court <strong>of</strong>jaw, nor merit any fort <strong>of</strong> cenfure. I fear this pr<strong>of</strong>ecution,contrary to your intention, will appear tobe ecclefiafti<strong>ca</strong>l tyranny. , know not what to do inthis matter : I had b&fore me lafl year tlie <strong>ca</strong>fe <strong>of</strong> a.