in his true capacity, as the severe and steady patron of truth in her plainest dress. He now proposed to show, that the defendant had issued the copy, which his servant had bought at Bowtell's, and the copy which belonged to the Master of Arts Coffeehouse, and was distinguished from the other only by an Appendix. For the first, the single testimony of Bow. tell was adverted to. He had said, that he never saw in his house, either as presents, or for sale, any copies of the pamphlet, except such as had been taken out of the parcel opened by Mr. Frend in his house, and in his presence and that he thought, he must certainly have seen them, if there had been any others With respect to the copy belonging to the Master of Arts Coffee-house, Dr. Kipling appealed to the depositions of four witnesses. Mr. Merrill had told the Court, that on the 13th of February, his maid-servant delivered to him a bundle, containing 50 copies, which were all he had ever received into his house; and that he sent the copy before them to the Masters of Arts Coffee-house Elizabeth Eversden, the maid-servant, had added to her master's testimony, that she received from a young person, about the size of Bowtell, jun a bundle of pamphlets, and was told by him, that they were to be sold for Mr. Frend. Of the two Bowtells, the younger says, that, in obedience to orders given by Mr. Frend in person, he took a bundle of 50 pamphlets to Mr. Merrill's shop, and delivered it to his maid servant; the elder deposes, that Mr. Frend in his presence, ordered his nephew (Bowtell, jun.) to carry a bundle of pamphlets, which came out of the parcel opened by Mr. Frend, to Mr. Merrill's house, and that he knows not of any one copy being sent from his house to Mr. Merrill's, excepting the contents of that bundle. The Court then, remarked the promoter, cannot but anticipate the observation, which closes this statement.-Mr. Merrill having no copy for sale, but what had come from Bowtell's house, out of the parcel opened by Mr. Frend, they will immediately decide the claim of the defendant to that which was sent to the Master of Arts Coffee-house. At this point of the summary, Dr. Kipling, anxious to carry along with his own convictions, those of his hearers, recalled to their memories the amount of the whole preceding proofs. Out of five copies in the possession of the Court, four have come from the defendant, either when he was at Mr. Bowtell's, or at his own chambers: viz. Mr. Lloyd's, the Masters of Arts, and the two purchased by his servant. He intended hereafter to show, that the fifth had the same source.-But he was now proceeding to the fourth result of the evidence. And he had, he said, in his hand a strine of depositions, whose proof could not | be resisted, that the sale and dispersion of every copy within the precincts of this University, originated with the defendant.-He was indeed aware of the objection, which might be here made, to the repetition of testimony, but requested, that the nature of his situation, as promoter, and the solicitude he felt, to discharge his obligations, and to impress the minds of his honourable auditory, might be admitted as his excuse and apology. Dr. Kipling then entered upon a narrative to this effect:-A parcel directed for Mr. Frend was brought to the house of Bowtell, sen., in the month of February On the day it arrived, or certainly on the following day, Mr. Frend came and opened it in his presence. -It contained a number of pamphlets, some of which Mr. Frend put into his hands. Of these, and of others, which he saw scattered about, the titles were "Peace and Union, &c." From this circumstance he concluded, that the titles of the rest of the parcel were the same. -No others, but what came out of this parcel, has he ever seen in his house; and when he sold any, he considered himself as accountable to Mir Frend for the money Bowtell heard Mr Frend order his nephew to carry two bundles of pamphlets, which were a part of the parcel, one to Mr Merrill's, and another to Mr. Lunn's. And the nephew, in compliance with that order, took the two bundles, each containing 50 pamphlets, and going to the booksellers, delivered one to Mr. Merrill's maid-servant, and the other to Mr Lunn's foreman The maid-servant, according to her account, received a bundle for her master from a boy, about his size, and was told, "that it contained some pamphlets to be sold for Mr. Frend;" and she delivered the bundle to her master with the message Mr. Merrill, on opening it, found it to contain 50 pamphlets with the title "Peace and Union, &c." sold several of them, though none but what were a part of that bundle, and gave Mr. Frend credit for the money in his account book. Mr. Lunn's foreman received the other bundle of pamphlets from Bowtell, jun, and when it was opened, either by himself, or Mr. Lunn, observed, that it also contained 50 of the aforesaid pamphlets Mr. Lunn took notice of the number of the pamphlets, and also of their titles, as well as his foreman. Mr. Lunn indeed received from Bowtell's 100 copies in the whole, which all came out of the parcel opened by Mr. I rend), and he had had 20 from Mr Frend's chambers-But besides these, he never had for sale any others. The 100 have been sold by him, and though he had not Mr. I rend's express direction to sell them, yet he exposed them to sale, upon the presumption, that they could not be sent to a bookseller for any other purpose. From this relation drawn from the evidence, Dr. Kipling concluded, that not one single copy of the pamphlet under consideration had been sold in this place, but what came from with Mr. Frend in an epistolary controversy the defendant: that he was the publisher of on an assertion contained in the Appendixit, and had caused it to be dispersed within Three notes written by Mr. Frend had been the precincts of this University. produced by Mr. Watson. The hand-writing He could, he said, insist upon other points, of each had been established; and in the as that Mr. Lunn's foreman had received 20 third, Mr. Frend expressly acknowledges the pamphlets out of Mr. Frend's own hands, at pamphlet, to which this Appendix belongs to his chambers in Jesus College, to be sold at be his—a direct confession from Mr. Frend his master's shop :—but he hastened from an himself, that he is the author. uninteresting, though important detail, to Here the promoter, by a brief recapitulation prove, that Mr. Frend is the Author, as well as of these last proofs, closed his review of the the Publisher of the Pamphlet. evidence, and expressed his firm conviction, Dr. Kipling requested, that the Court would that the most scrupulous must admit the connect the preceding testimony with the truth of the second article of accusation. Inlanguage, in which the pamphlet is addressed deed, for his own part, he said, he had no to the public. An anonymous author had not doubt of the truth of every charge. They had obtruded himself on their notice. The title all been read to the Court, and spake a plain page greets them in the name of W. Frend, intelligible language. He held it to be unand informs them, that the book is published necessary for him to point out the pernicious for him, the Author. tendency of the passages quoted. The ordiThere is, he continued, in the minutes of nary feelings of men would be insulted by the Court more than one confession on the such an attempt -Neither could he be called part of Mr. Frend of the truth of what the on to unfold a criminal intent, where there title page asserts. The pamphlet had scarce was no hidden meaning. He left to sophistry appeared to the world for three days, when its own devices. the defendant called on Mr. Merrill, and or- Neither did he consider it, he added, as dered him to cancel the Appendix. Now, necessary for him fo touch on that part of his had Mr. Frend's name been put into the title accusation, which had respect to the laws and without his knowledge, and without his con- statutes violated.--No objection had as yet sent, would he have ordered the last leaf to been made to that charge-and he stood bebe torn off? Would he not rather have di. fore a Court, which needed no counsel from rected the bookseller to cancel the first leaf? him,-before the governors of the University, He certainly admitted in this act, that the rc- a judge and his assessors, who are the estabmainder claimed, and was not unworthy of lished lawful interpreters of all its ordinances. his signature. Dr. Kipling then finished his accurate and What else is it, Dr. Kipling said, but a con- able statement by saying, that, as he could fession of authorship, that upon being asked not foresee what his adversary might allege by a bookseller's servant for more copies of in his defence, he still reserved to himselt his pamphlet, the defendant should imme- the privilege of reply. diately, with his own hands, give him those, The Vice-chancellor then observing, that which were in his possession? Dr. Kipling spoke from notes, said :-Do you Dr. Kipling next produced and read the put the Court in possession of those notes? advertisement, which had been sent to Mr. Dr. Kipling. I should have no objection: Hodson, to be inserted in the Cambridge but they cannot be of any use: they are Chronicle of the 9th of February.-It told the merely to assist my recollection: you could same tale to the world with the title page. not read them. And the note, in which it had been sent, had Mr. Vice-chancellor to Mr. Frend. Are you been proved by four witnesses to be Mr. ready to enter now upon your defence ? Frend's hand-writing. Nor was this all.- In Mr. Frend. It must be clear that I cannot, the following week Mr. Frend had himself as I have not yet seen the evidence that was called on the printer, and directed him to re- taken down in the court, and I wish to know peat his Advertisement. in whose hands it has been ? Dr. Kipling after this, reminded the Court, Commissury. It is no part of the acta curie; that they were in possession of a fifth copy of it is only for private assistance of the vicethe pamphlet, which he had not yet assigned chancellor and his assessors; it is no record. to its owner. It was that which Dr. Dickens Mr. Frend. Has any body had it? had produced. He repeated Dr. Dickens's Registrary. Dr. Kipling. testimony, and observed, that he had now Mr. Frend. By whose authority? I confulfilled the promise he before made, of show- cluded he must have had some such assistance, ing that this, as well as the others, came from the singular fuency and accuracy with from the defendant; and he would now prove which he summed up the evidence which has him to be its author, and by consequence, the been given. Who knows what liberties may author of the rest, which bore it company have been taken with it? I shall certainly They differed in nothing, which at all affected expect the same indulgence. the merits of the cause There were two with Mr. Vice-chancellor. There was no reason an Appendix, and three without. why Dr. Kipling should not see it, nor can Mr. Watson, he said, had been engaged there be any why Mr. Frend should not. a The vice-chancellor then proposed Monday or Tuesday for Mr. Frend to enter on his defence, but it being observed, by two heads of colleges, that those days were sermon days, and Dr. Fisher being obliged to be in London on the Wednesday, Friday was proposed and accepted. The vice-chancellor observed, that it was the wish of the Court, that Mr. Frend might be able to finish all in one day. Mr. Frend replied: -If it were possible he certainly would; but if he found it impossible, he trusted that he should meet with the same indulgence which had been granted to Dr. Kipling. The Court was adjourned to Friday next, the 24th inst. at ten in the forenoon, when Mr. Frend was appointed to enter on his de. fence. SIXTH COURT DAY. It is indeed a very extraordinary cause which now awaits your decision; a cause not to be paralleled in the annals of this university or even of the kingdom at large. For in what preceding period is it recorded, that a number of masters of arts and doctors combined together to attack the rights of a member of the senate? When was it thought necessary, that in defiance of the just power of the heads of this place, a cabal should erect itself into an inquisitorial office, and take under its cognizance the writings or speeches of an academic? When did the publication of a pamphlet give rise to a persecution like this, which, though in its consequences it is not so much to be dreaded as those of former ages, from the malignity and base arts of the conductors, and the total violation of law and justice with which it has been carried on, exceeds certainly every thing that has been recorded on the page of history. At a court holden before the right worshipAbout the middle of February was publishful Isaac Milner, D.D. Vice-chancellor of the ed a pamphlet, intituled " Peace and Union." University of Cambridge, J. Smith, R. Farmer, It came forth at a time when the public mind W. Colman L. Yates, J. Barker, Jos. Turner, was filled with the strongest apprehensions F. R. Barnes, W. Craven, and J. Postle- of dangerous plots against the peace of this thwaite Doctors in Divinity, and John Fisher, kingdom, and insurrections were supposed LL.D his assessors, on Friday the 24th of May, 1793, between the hours of ten and ready to break out in every quarter. As the three, in the senate-house of the said Uni-highest authority had given the alarm, each versity. The office of the judge) promoted by T. Kipling, D.D. against Me present, G. BORLASE, Not. Publ. and Registr. Mr. Frend was heard in his defence, having first reserved to himself the power of objecting hereWilliam Frend, M. A. after to any part of and Fellow of Jesus the evidence or of College. the proceedings heretofore produced, and had before the Court in this cause. Mr. Frend. I hope the Court will not take advantage, if I should in the course of my defence, inadvertently call the pamphlet mine, as I am obliged to defend it. Mr. Vice-Chancellor. Certainly not. MR. FREND'S SPEECH IN DEFENCE.* Mr. Vice-chancellor; I think myself happy in having arrived at last to that period, in which it is permitted to me to speak in my own defence, and to refute those calumnies, under which, for so considerable a time, I have laboured. The patient attention, which you have bestowed on this cause during the fatigue of so many days, encourages me to hope, that you will listen to me with equal candour, and that I shall find no difficulty in proving to your satisfaction as well as that of the whole Court, that the charges brought against me are, as I asserted on a former day, false, wicked, and malicious. man was in fear for his own safety, but no one could possibly announce from whence the attack should begin. Troops were dispersed incognito over the country, and a look or a jest was sufficient to rank the friends of mirth and good humour among the enemies of government. The university was not free from the contagion of the times, and there were among us men well known for their intriguing disposition, who endeavoured by every art in their power to countenance a deception, which ought not to have gained ground but amongst the lowest of the people. On the first appearance of the pamphlet in question, it was held forth as a most dangerous attack on every thing sacred to Englishmen, both in their religion and politics. The flame ran from one to the other, and long before the contents could be digested, it was declared absolutely necessary for the safety of the university and of the state itself, that the author should be punished in the most exemplary manner. Individuals first complained to the vice-chancellor, then parties of two, three, or mere at a time, and at last a meeting was called of the disaffected, who, now well known by the name of the twentyseven, entered into resolutions, appointing managers for the prosecution, and directing that proper steps might be taken to deprive the author of his degrees, and to banish him from the university. This important business could not however be completed with the rapidity with which it was planned. The promoter found that several previous steps were necessary, and From the Report published by Mr. Frend above three months elapsed before he was himself. prepared to display his eloquence in open Sir, I have been represented as an heretic, deist, infidel, atheist. Shall that man be called an atheist, who firmly believes in the existence of one God, the parent, the protector, and governor of the universe? Shall he be deemed an atheist, who declares, and has always declared his conviction of the being of the First Cause in the words of the church of England: there is but one living and true God, everlasting, without body, parts, or passions, of infinite power, wisdom and goodness, the maker and preserver of all things visible and invisible? Is this the language of an atheist? Is a person, Sir, to be reprobated who maintains these senti court. In this time every assistance was dice with which the twenty-seven endeavourgiven to him which the ablest barristers ined to bear me down. Sir, I was pointed at as town could afford; the public orator imparted unfit to breathe this air; my religious and to him his eloquence; from the Lady political principles were totally misrepresented; Margaret's professor he was supplied with and such were the insidious arts used, that elegance of diction; and the professor of nothing but this public appearance could ever civil law by communicating to bim the whole have given me an opportunity of vindicating of his knowledge in that profession, felt him- my conduct and character. self enervated at his usual lectures. But all this assistance would have been in vain if other means had not been employed: while the committee was compiling and arranging within, the familiars were engaged without doors, in searching out for information, in learning where the supposed author spent his time, what was his conversation, what letters he had received, and to whom he had written. It was enough, that a familiar heard a person say, that he heard another person say, that Mr. Frend had been talking to another person about his book. In an instant the promoter flew to the rooms of the last-mentioned person, sifted out the conversation, and adapted it to his purpose. One gentleman* was summoned to appear in this place, and was actually under the necessity of leaving a canvas in London, merely because it was his misfortune to have been chatting over a teatable with some ladies, when Mr. Frend came in and joined the conversation. No stone was left unturned: booksellers, booksellers' boys, printers, friends, relations, and enemies, all were set to work to bring so great a criminal to justice. Against these mighty efforts what had I to oppose? Nothing, Sir, but silence and my own innocence: trusting in the mean while to the natural effect of time and the good sense of the university, not doubting that, when the cause was heard, the folly and malignity of the conductors would appear in the most striking colours. Not that I would have it supposed, that I came here without assistance. The university has seen me accompanied by three of its members, who would do honour to any cause. They are men of tried learning, abilities, and integrity. Men who ran to me in the hour of distress, and on whose kindness and support I shall to the last moment of my life, reflect with gratitude. Such men the university knows to be my friends. quales neque candidiores Terra tulit, nec queis me sit devinctior alter. Without the assistance of these friends I must have sunk under the weight of preju *The Rev. Mr. Davis, jun. fellow of Trinity College, was summoned in this manner, and, to his very great inconvenience, was present on the first day in the senate-house. The promoter, baffled in his schemes on that day, and universally reprobated for his conduct in this instance, was obliged to give up his intentions of bringing Mr. Davis down from town a second time.-Frend. ments? But, Sir, I may be considered if not an atheist, yet as an infidel. Shall he, Sir, be esteemed an infidel, who, for the second article of his creed, grounds his hope of salva tion solely on Jesus Christ? Who looks upon his Saviour as a person sent from Heaven to be the means of the greatest happiness to mankind? Is he an infidel who declares his Saviour to be the great mediator between God and man, that his saviour gave himself up as a ransom for all, and through whom alone is eternal life, the free gift of God, bestowed upon a sinful world. However we may differ on other parts of our Saviour's character, we certainly unite in these principles, which are the essential points of a Christian's faith. In the third article of my belief, this whole audience, if we except the twenty-seven, unite with me. The belief of the two former arti cles, unless sanctioned by a firm conviction of the latter point, and the necessity of acting under that conviction, appear to me of little consequence. We may boast of our knowJedge of and acquaintance with God, we may confound every gainsayer on the terms of our salvation, yet, if we neglect the principle of universal benevolence, our faith is vain, our religion is an empty parade of useless and insignificant sounds. That every Christian is bound to entertain sentiments of universal benevolence, to love his fellow creatures of every sect, colour, or description, is the third grand point of my faith. If any one, Sir, should ask me, to what sect I belong? my answer is, my sect is not confined to age, I am not sure that I made use of the words "sent from Heaven, or coming down from Heaven," but in either case they are to be considered as scriptural expressions, and consistent with my opinion, that Christ was not in existence eighteen hundred years ago. Frend. colour, or country. I am a firm believer in by spending the greater part of three years the truths revealed by God, but I usurp no in ditferent tours on the continent, have had authority over another man's conscience. frequent opportunities of comparing with our Our Lord and Saviour Jesus Christ is the head own the various forms which prevail abroad, of my sect, he has laid down the rules of its and I maintain that, excepting the small defaith and discipline. No one can encroach on mocratical cantons of Switzerland, we have bis authority. His disciples are to be found the greatest claim to the title of republicans in all nations and countries, of every age, of any nation in Europe. If to be an advolanguage and colour. They may meet in cate for the just rights of the people, if to places appropriated for public worship, or they conceive that liberty depends on the people present themselves in private only before their declaring their sentiments by representatives God and father, the God and father of their in parliament, if to contend strenuously for Saviour: but, wherever they are, they cannot the independence of the House of Commons persecute for opinion, they cannot treat their on every person except the people, if to wish neighbour injuriously for any religious per- for a better representation of the people, if suasion, they are connected together solely these, Sir, are the sentiments which will enby the ties of universal love. title men exclusively to the name of repubSince my religious opinions have been so licans, I acknowledge, that I am a republican. much misrepresented, it is not surprising i I exult in the privilege of my birth-right, and that equal attempts have been made to hold being an Englishman, I rejoice that I also am me up, on account of my political principles, a republican. And is there, Sir, a man in as an enemy to my country. Sir, I have been this assembly, is there an Englishman, who ranked among that visionary herd to which does not maintain the same sentiments ? By it has lately been the custom to affix the name asserting our privileges, which set us far beof republicans and levellers. Is it possible, i yond the other nations, it does not follow by Şir, to conceive, that a person educated as I any means, that we would usurp the prerohave been, should entertain levelling prin- gatives of the first magistrate, or encroach on ciples? Is it likely that one who is accustomed the rights of the lords of parliament to spend his life in study, and who, if such But, Sir, I am accused of a still greater principles prevailed, would have no possible crime, I rejoiced at the success of the French means of obtaining a subsistence, is it likely, revolution. Yes, Sir, I did rejoice at the sucSir, that he should rank himself among level- cess of the French revolution, and is there lers? The supposition is absurd and ridi- an Englishman, who did not exult on this culous. There is not, I am convinced, one occasion? At what period did I rejoice? was man in this assembly, nay, I will go still far- it not at the time when every good man rether, I do not believe that there is one man joiced with me, when tyranny received a fatal in this island, who ever dreamed of such a blow, when despotism was overthrown by the principle. My opinion on this subject is the united efforts of all orders of men in an exsame with that of the bishop of Llandaff, the tensive empire ? Was it not, Sir, at the time principal of the man who stands forward when that horrid dungeon was destroyed, in here as promoter in this nefarious cause. The which had baen tormented so many wretched bishop has explained what some meu call the victims of caprice and effeminate cruelty? levelling principle, or the principle of equa- Was it a crime, Sir, to rejoice, when the whole lity, to be that which every Englishman takes nation was of one mind, and this university a pride in maintaining-an equality of rights. thought it a duty to impress the sentiment on That the rich shall not oppress the poor, nor our young men, by giving them as a proper the poor riotously attack the rich, that they subject for their talents, the taking of the shall be all equal in our courts of judicature, Bastile? It was glorious in the university to these are the true principles of equality. Or, unite with the general voice, and in the most I may explain myself still farther by what public manner to express its indignation at tytakes place among ourselves. We all come rants and tyranny. I did, Sir, rejoice at the from our respective schools with different success of the French revolution : but does it qualifications indeed, but in the eyes of the follow, that I was pleased with the scenes university we are considered as equals. We which' succeeded, that I now look with joy are employed in various exercises, we have and not with horror on the dreadful outrages opportunities equally given to us all of distin- to which that country has been exposed? The guishing ourselves, and when the inequality massacres and bloodshed, disgracing so noble takes place, it is, or ought to be, from merit a cause, have pained every lover of freedom; alone, the reward of the industrious use of and, viewing the conflicts of the most horrid our talents and our time. i passions of the human mind, we have been Sir, the idea of an Englishman entertaining left in a wretched state of suspense, and not the levelling principle, is absurd, and is coun- having sutricient grounds for uniting fully in tenanced only by those associations, which our wishes for the success of any party, we endeavour to set us at variance with each have conceived, that silence on French affairs, other: and the term republican is employed is most advisable. for the same odious purpose. I have read If to exult at the approach of freedom to a much, Sir, on the subject of government, and great and powerful nation was a crime, with of |