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UNIVERSITY OF OXFORD.

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and in their execution more liable to abuse MR. EDITOR,- -It is now some time than any other; because, by the latter, the since an intended publication was announc- University officers, if unhappily they should ed, under the title of "Observations on the be so inclined, have many opportunities of "CHARTERS and STATUTES of the UNI- exceeding their legal power; and because, VERSITY OF OXFORD, so far as they re- by the former, they might be less liable to "late to the PROCURATORIAL POWER over punishment (from circumstances to be men"the non-matriculated inhabitants of that tioned hereafter) than in His Majesty's "place, and on the VICE-CHANCELLOR'S Courts of common law. In the Vice"COURT." This work has not yet ap- Chancellor's court, that officer himself, or peared, and report says, that it never will. his assessor (who is appointed by him) sits From a conviction that recent circumstances as judge, assisted by the two University require something to be said on the subject, Proctors, whenever they may think fit to and to be said without any further delay, attend. The process is carried on "in a the person who now addresses you is in- course much conformed to the civil law;" duced to come forward, though his plan is that is, the evidence is all in writing, and more confined than that announced as the there is no jury. "In this court, the Unititle of the intended publication must ne- "versity has the liberty of claiming cogni-The writer of these cessarily have been.zance, in exclusion of the King's courts, observations never had an opportunity of" over all civil actions and suits whatsoinspecting the Charters of the University, "ever, when a scholar or privileged perbut has been informed that some were 66 son is one of the parties, excepting in granted previously to the time of Henry III." such cases where the right of freehold is and others by that prince and his more immediate successors, and that they were all confirmed by parliaments in subsequent reigns. The Statutes of the University are printed and published, and consequently are accessible to every one. Previously to the time of Charles I. (in whose reign, through the exertions of Archbishop Laud, who was the Chancellor of the University, and a Committee for the purpose in Oxford, they were drawn up in their present form) they are said to have been a confused chaos. This code remains still in force," except 66 upon points where the exigencies of mo"dern times have pointed out the wisdom of "amendment or abrogation."-The writer feels less regret from the circumstance of his never having seen the Charters, as it is the commonly received opinion in the University, that in the Statutes, under their present form, every thing that was thought necessary or conducive to discipline, was carefully selected from the Charters and former Statutes, with some additions; and, at the same time, many things were omitted which had either become obsolete, or were considered as unnecessary and useless.

-It is the writer's design to confiue himself to the Statutes, in the form in which they are now extaut; and more particularly to those parts of them which relate to the Vice-Chancellor's Court, and the power of searching houses, with some cursory remarks on the Procuratorial office. He has selected these parts of the Statutes, because they are more odious, and more repugnant o the spirit of the English Constitution,

"concerned."*- -Now, as the ViceChancellor and Proctors are the officers upon whom the duty principally falls, of carrying the Statutes into execution, and to whom almost the whole of the executive government belongs, it may happen, as, with all their dignities, they are but men, that they may err in the performance of their duty, or exceed their legal authority, and that an action may be brought against them in this very court (for, according to the present system, it can be brought in no other) for false imprisonment, or some other offence, to which the best and wisest of magistrates are sometimes liable. The consequence would be, and, no doubt, to the great satisfaction of the plaintiff, that they would be judges in their own cause; or if, on the other hand, they are plaintiffs, and institute an action against any person by whom they might think themselves aggrieved, they would be equally judges in their own cause, to the no less satisfaction. of the defendant.The thing is so ridiculously absurd, and, at the same time, so enormously unjust, as to be scarcely credible.- -BLACKSTONE, who was himself a fellow of one of the most respectable colleges in Oxford, and, as Professor of Canon Law, read his Commentaries in the form of Vinerian Lectures, and who from his frequent residence, and his connexions with the place, and his habits of legal research, must have fully understood the spirit of the Statute, " De Curia Commissarii sive Vice"Cancellarii Universitatis," has placed the

Blackstone's Commentaries, B. iii, ch. 6. §x.

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matter in a clear light, when he says, that their houses searched both by day and THESE PRIVILEGES (of the Vice-Chancel-night, at any time that the proctors (who "lor's Court) WERE GRANTED THAT THE are frequently young men without much "STUDENTS MIGHT NOT BE DISTRACTED experience or knowledge of the world, and FROM THEIR STUDIES BY LEGAL PROCESS often elated by the power intrusted to them FROM DISTANT COURTS, AND OTHER FO- by virtue of their annual office) may think 66 RENSIC AVOCATIONS. We can hardly fit; and no redress is to be obtained, for suppose it possible that it could have been any excess or abuse of power, howin the contemplation of those who framed ever enormous it may be, but from a court, the Statute, that the officers of the Univer- in which there is no jury, in which the sity, and those very officers, too, who have expenses are so great as to operate to the the right of sitting as Judges in the court, total exclusion of the poorer clients, and in should protect themselves by such a mon- which the very persons who may have comstrous privilege, in actions brought against mitted the injury complained of, are enthemselves. It is, however, well known, titled to sit as judges.- -The statute which that on the authority of this statute, claims authorizes the search of houses, authorizes of cognizance have been made in actions a measure utterly repugnant to the spirit of brought against the Proctors for false im- our constitution, and to the feelings of prisonment, within a few years past. It is Englishmen. This statute conveys the almost needless to add, that these actions, power of a general search-warrant—a most on cognizance being granted, were aban- unconstitutional measure, and liable to doned, except in one instance, in which the great abuse, as the necessity may be inplaintiff, as well as the defendant, was a ma-sisted upon by the officers, when it does triculated man, and in that instance the not exist in reality. If there be any al, cause was tried in the above-mentioned leged necessity of searching houses, a spe. court, and judgment given for one of the cial warrant should be granted for the parProctors, who was defendant. The other ticular purpose by the Vice-Chancellor, actions were no more heard of, for the plain- who is always a magistrate, and the parties tiffs, however high their opinions might should be responsible to the common law have been of academical justice and in- of the land. At all events, if the exercise tegrity, felt no particular desire to put of this enormous power be necessary, there themselves to the expense and trouble should be some check on its abuse, and the of having their causes tried in a court proctors should not be allowed to carry it where there is no jury, and before men into execution on their own individual and appearing in the double capacity of judges sole authority; and the courts of common and defendants.- As the matter stands law should be open, as in other places, to at present, to put an hypothetical, though those who may be aggrieved.—The not an exaggerated, case; let an act of the writer is aware, that it may be said, almost gross injustice be committed in Ox- though the right exists of searching the ford by the proctors against any individual, house of every inhabitant, without any disthough he may be a perfect stranger to the tinction or limitation, that the practice of place, and quite unconnected with the searching has, of late years, been confined University, his only possible mode of seek to houses inhabited by prostitutes and woing redress is through the medium of this men of bad character. But this reply is court-a court, in which there is no jury, unsatisfactory and vague, as the power still in which the expenses are great, and the remains of carrying it into execution to its process tedious; and in which (for that full extent; and as it gives the proctors the material circumstance should not be omit- liberty of deciding on the characters of all ted) the defendants, if they think proper, the female inhabitants of the place, and of may sit as judges.Under these circum-condemning them, from partial representastances, the situation of the inhabitants of tions, or individual caprice. However Oxford is peculiarly hard. They are put desirous we may be to suppress prostitution, out of the protection of the common law of we should recollect, that we are not justified the land, in every case (short of felony) in in punishing offenders beyond the limits which they may be aggrieved by the proc-marked out by the law. The method tors, or any matriculated man. They are which has been lately used in Oxford of subject to the most odious kind of inter-apprehending women of this description ference from the University officers. By a particular statute they are liable to have Titulus XV. § 4. De Domibus Uppidanorum non frequentandis.

for merely appearing in the streets, though walking orderly and quietly in the daytime, and sometimes when they have left their homes to purchase things in the shops,

is surely a rigour beyond the law. By what | larly of that which assumes the semblance statute of the University, or law of the of justice, or is clothed in the garb of auland, the conviction, and consequent com-thority. For publishing these observations, mitment to prison, by the Vice-Chancellor, he exposes himself to the censure of the is justified, the writer (though he has taken rigid disciplinarians of the University. They the greatest pains in examining the statutes) will exclaim, that he has endangered the is not able to discover.The mode of discipline of the University, and espoused the conduct lately pursued towards these unfor- cause of the profligate and undeserving. tunate females seems to be both cruel and With respect to the discipline of the Uniinefficacious.All severity of punish-versity, the writer is convinced that it de

rives its best and most lasting support, from an open and manly conduct in the public

ment, and particularly in these cases, is unjustifiable, unless preceded by some attempt to reform the objects who are ame-officers; from firmness, united with concinable to it. Without such an attempt be- liating manners; not to mention that it is ing made, what can be more cruel than to possible, that the methods put in practice commit to a cold and damp cell of a prison, to suppress vice, may, themselves, have a and, perhaps, in an inclement season of most dangerous tendency, and even exceed the year, a female, whose constitution may in turpitude the particular vices they are have been weakened by disease. The la- designed to correct. To encourage spies mentable consequence of such a proceeding and inforners, and to listen at doors, and is sometimes a rheumatism so severe and to peep through windows, are means so inveterate, as to cripple the patient for life; base and disingenuous, that if they did not and an instance is well known to have oc- fortunately create disgust, they might by curred in Oxford of an unfortunate prisoner their example have a most pernicious effect, being driven into a state of insanity, from and weaken every moral principle. -In which she never recovered.- Its ineffi- anticipating the other charge, the writer cacy is apparent from the circumstance of can only say, that it is the boasted privilege of the delinquents being obliged, from neces- this country to have justice administered sity, as soon as they are enlarged, to return with an even hand; that the profligate to their former course of life. Whatever should be punished, but punished accordremaining sense of decency they might have, ing to the known and equal law of the when first committed to prison, soon leaves land, and not with greater severity than them. They become desperate from their that allows; and that by good magistrates, wretched state of suffering, and renounce reformation will always be preferred to seall propriety of conduct. By the disgrace verity of punishment.* To which may be brought upon them by the notoriety of this ignominious punishment, they are deprived should be appointed, under the sanction of parof all means and opportunity of retrieving liament, for every two or three adjacent counthemselves. This cruel severity has ties, (according to their size) consisting of a cerbeen the ruin of many who otherwise would tain number of per ons who should visit every have had an opportunity of recovering their prison and house of correction, (and perhaps workhouses might be added) in such counties, characters. Considering the peculiar situaat least every two or three months, but not at tion, in which young females are placed in stated periods, and as much oftener as they Oxford, from the many temptations that might think proper. The commissioners should surround them, and the difficulty of ob be elected, and well paid, both as to salary and taining employment, the motives of chris- thei visitations might be held. A new election travelling expenses, by the counties in which tian charity, independently of those of should take place at the end of every two or common humanity, loudly call upon the three years. Their commission should enable officers of the University to temper justice them to inquire into the management of such with mercy. Instead of their offence, on prisons, houses of correction, and workhouses; to investigate the chief circumstances attending its first detection, being made public by the commitment of every prisoner, and to have their commitment to prison, an opportunity the power, wherever a case seemed to be mark. should be given them of recovering them-ed with any peculiar severity, or whenever the selves from their unfortunate state, of which they are frequently more sensible than the merciless persecutors imagine. -If in the foregoing remarks the writer has ever expressed himself strongly, it must be attributed to the abhorrence he feels of every kind of eruelty, and particu

* It would be desirable that a commission

prisoner's good behaviour appeared deserving of favour, to mitigate the summary convictions of magistrates, and sentences of quarter sessions. They should make a report of their proceedings every six months, to be laid before the Privy Council, and both Houses of Parliament; of Mayor or Chief Magistrate of every city, town, which report copies should be transmitted to the and borough, in the respective counties.

added the writer's conviction, from circumstances which he does not wish to particularize, that the method lately pursued has had a very different effect from that of increasing the morality of the place!It is hoped that the University will no longer persist in the support of the above-mentioned abuses, but that they will amend and explain the Statutes in question, so that the inhabitants of Oxford may be placed within the protection of the canon law of England.What objection the University can have to this measure, the writer cannot readily conceive; for he can. not suppose that they would wish to protect their officers in the exercise of any illegal power, or in the commission of any thing that is unjust. This measure, too, would have the desirable effect of putting an end to those jealousies and disputes, which are now apt, on every opportunity, to break out, and to shew themselves in open acts of violence. It would, in short, tend to civilize the manners of the place, to extinguish inveterate feuds, and prevent the frequent recurrence of disgraceful scenes of riot.-The writer repeats that he has brought forward the preceding facts and observations, from a conviction that both the morality and discipline of the University, so far from being improved, are injured by the method now pursued. He is bound in duty, as well as inclination, to support the privileges of the University, but not their abuse; and he conceives that the best way of supporting them is to clear them from the abuses with which they are now polluted, and not to lay upon them a greater stress, or load them with a greater weight of authority, than they were ever intended to bear.- -It was never the intention of the framers of that Statute, which is the most odious and obnoxious of any of that which allows the entering and searching of houses-that it should ever be put into execution, unless the persons in whom the authority was vested, were certain that gownsmen were in them at the time. If they did it under other circumstances, it should be at their own peril. It was designed that the Vice-Chancellor's Court should protect the Students from "being "distracted from their studies by legal process from distant courts," and not that it should protect the University officers from any action or suit arising from the alleged abuse of their power.The writer's observations respecting the extreme severity of the University officers against certain unfortunate females, were intended

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to shew that the methods now pursued are cruel, in proportion as they are ineffectual that some means should be adopted, which would at least have a probable chance of effecting a reform in their conduct; and at the same time, it was the writer's design, to suggest to those persons, who are not divested of every feeling of humanity, that the sorrows, and misery, and disease, almost necessarily attendant on prostitution, are, in the way of punishment, sufficiently severe and acute, without the superadded horrors of a prison; and the distress arising from cold, starvation, and confinement.

-The writer will only add, that it is the duty of the inhabitants of every place to observe the conduct of the magistrates; for great power is naturally attended with perversion and abuse, When the blessings of peace are restored to our country, it is most earnestly to be hoped that the legisla ture will have leisure, as well as inclination, to inquire into abuses, and more particularly into those which partake of cruelty and oppression, and to diffuse through out the land the benefits arising from the impartial administration of equal laws.→ After all, however, in cases of this nature, much will always depend on accidental circumstances, and on public opinion; on the good sense and feeling of those in power, and on the temper and spirit of the people.

Oxford, February, 1814.

THE EMPEROR NAPOLEON AND HIS ARMY.

The details of Buonaparte's recent victories over the Allies, which are now generally known, speak a language more deci sive in favour of his superior skill and splendid military talents, and are better calculated to abash incredulity, and to silence his calumniators, than any thing I can write. That the allied army, at least that part of it under the command of Blucher, had advanced to within 60 miles of Paris, is a fact which no one can dispute. But that the Allies had reached this point in consequence of having defeated Napoleon, is what I, for one, am not so ready to admit. Since the battle of Brienne, we have learned from a dispatch of Lord Burghersh, dated Troyes the 8th instant, that Buonaparté left that place on the 6th, and proceeded to Nogent. This movement his Lordship attributed to the inability of the French Emperor to fight his opponents. In my last, I ventured to give a different view of the

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matter: I stated, that Buonaparté appeared | cient to satisfy them, that they had nothing to me to have drawn his troops from to fear while the destinies of France were Brienne to Troyes, not because he had in the hands of Napoleon? To the result been defeated, but because he had previous- then let us look for a solution of these ly intended to operate with them in another queries. We have in this case no disquarter. He determined, I said, "on con- patches from a Burghersh, a Stewart, nor centrating his army, and effecting a junc-a Lowe, to guide us in our inquiry. We "tion of his different corps which at that mo- must therefore rely on the accounts given "ment occupied separate positions, for the by the enemy, till these gentlemen are again purpose of enabling him to carry on pleased to favour us with more 66 intelligent "operations in a quarter, where he had "and accurate details." -From the "calculated upon acting with greater ef- French official accounts then it is clear, that "fect." This opinion of Buonaparte's Buonaparté, only a few days after he replan, was formed by me in consequence of tired from Brienne, attacked the Allies at an impartial consideration of the details of various points, and obtained over them a the battles of the 1st and 2nd, as given in series of splendid victories. The army the French bulletin, and in our own Ga- "of Silesia, concludes the bulletin, 66 comzette. I was aware that the point upon "posed of the Russian corps of Sacken and which Lord Burghersh and I differed, could "Langeron, the Prussian corps of D'Yorck only be settled by the result; because, if "and Kleist, and about 80,000 strong, Buonaparte had been greatly defeated; if" has been, in four days, beaten, dispersthe Allies, as his lordship asserted, had "ed, annihilated, without a general acgained a most glorious victory," it was "tion, and without occasioning any loss very clear that Napoleon could not recover "proportioned to such great results.' from this for several months, and that the We also learn from the same source, that Allied army might proceed to Paris with- the wreck of this formidable corps, which out any interruption. But if, as I con- had been within "three marches" of Paris, tended, he was not defeated at Brienne, was in full retreat towards Rheims, a but had repulsed his assailants, he would distance of nearly ninety miles from the then be able, in a few days, according to French capital. The Times newspaper, my opinion, to meet the Allies and give which at last is forced to acknowthem battle.What then has been the ledge these misfortunes, endeavours to result? Has Buonaparté given way before conceal its chagrin, and to console its the immense and powerful armies which readers by hoping that Blucher may get threatened to close him in on all sides? over them. "Notwithstanding the disas Has he been unable to protect the city of "ters," says that journal, "(for such they Paris from being plundered and burnt by "must be confessed to have been) which the "northern hordes?" Did the alarm," Marshal Blucher has experienced, we which such a prospect was calculated to inay hope to see him in a very few days excite, occasion the removal of the seat of" at the head of a formidable army, and government from the capital? Did the perhaps resuming the menacing attitude Empress, yielding to the natural timidity" which he lately maintained. -But of her sex, fly for protection, with her this is plainly the language of despair, not infant son, to a spot where she would have of hope; for if Marshal Blucher could not been in greater safety? Did symptoms force his way to Paris when at the head of like these, which would at once have indi- the flower of his army, and having only cated the discomfited and feeble state of raw undisciplined troops to oppose him, Buonaparte's army, appear at any period how is it to be supposed that he can effect among his subjects? Or rather, was not this by the straggling remains of a defeated every Frenchman devoted to his cause? army (though he were again to succeed in Did they not, with enthusiasm, join his bringing them into action) against an enestandard, and march to expel the invaders, my flushed with victory, and commanded the moment he signified this to be his wish? by a General like Buonaparté? The idea Were not the constituted authorities at is absurd. I ain, indeed, of opinion with Paris, knowing that the sovereign had the Parisians, that "the most violent eneunder his command a numerous and well" mies of France are defeated; the others provided army, perfectly confident that he would overcome all difficulties, and that however near, and however great the danger, the experience of the past was suffi

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"are not more terrible." By the "others" is clearly meant the army under Schwartzenburgh. To this army, say the war faction, "we have a right to look with still

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