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A60122 The master of the Temple as bad a lawyer as the Dean of Pauls is a divine in a letter from a gentleman of the Temple, to his (quondam) tutor in Oxford, about the law part of Dr. Sherlock's modest examiniation of the Oxford decree. Shower, Bartholomew, Sir, 1658-1701. 1696 (1696) Wing S3656; ESTC R24536 8,391 30

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every day answer their own Arguments This Practise is too often observable in the Discourses of Those who to shew their Reading endeavour to fetch Arguments from Professions in which they were never Educated or not sufficiently Studied Sir I must beg you not to construe this Reflection as general For it must be acknowledg'd that Your Gown doth afford many instances to the contrary and particularly the Universal Learning and apparent Sincerity of the great Bishop of Worcester is a notorious exception to these Remarks He must be own'd to have read more of our Law-Books than perhaps any man that is not a Lawyer and to have employ'd what he has read Knowingly and Fairly But as 't is plain our Dean has no pretence to the First Part of this Character so whether he has any to the Latter or not you are to judg upon what follows The Case is thus A Sermon is Preach'd at Oxford in which there is a Passage complain'd of as giving occasion of Offence The Vice-chancellor Convenes several Heads of Houses amongst which were more than six Doctors of Divinity They Judg Declare and Determine these Propositions that there are Three Infinite Distinct Minds and Substances in the Trinity and that the Three Persons in the Trinity are Three distinct Infinite Minds or Spirits and Three Individual Substances to be False Impious and Heretical dissonant and contrary to the Doctrine of the Catholick Church and especially to the Doctrine of the Church of England publickly receiv'd Wherefore they do Command and publickly Enjoyn all and singular the Persons committed to their Care not to publish for the future any such Tenet in their Sermons or otherwise The Question now upon this Case is Whether the Vice-Chancellor and Heads of Houses have been guilty of any Crime according to the Laws of this Realm either Ecclesiastical or Civil or by the Statutes of the University I say that the Negative is plain For first this is not a Judicial Proceeding in order to punish the Person who had publickly maintain'd these Propositions but a Declaration rather of their Opinion by way of Caution to the Members of the University under their Care The Wherefore in he Close doth plainly shew their honest and justifiable intent and design And no man can have the Forehead to assert that Twenty Men may not deny the Notion in Debate to be true with as much Freedom by our Law as Two or Three may affirm it Nay if it was their Judgment and Opinion as undoubtedly it was the Morals even of a Lawyer will assure the Dean that it was their Duty to declare so in order to prevent the Growth of the suppos'd Error or Heresy among those committed to their Charge The Judgment of Universities hath been Frequently and Legally declar'd upon Less Occasions even upon the Printing of Pamphlets tho out of their Precincts and by Persons not under their Care Their Power hath with Allowance been extended to forbid the Reading of Erroneous Treatises and how comes it to be a Crime in them then to Censure what is publickly Preach'd before them by One of their Own Members But suposing it to be a Judicial Proceeding yet their Statutes are their Warrant for it The plain words of which are Haeretici Schismatici quicunque alii minus recte de Fide Catholica Doctrina vel Disciplina Ecclesiae Anglicanae sentientes usque tam Conciones quam Libri quibus malesanae opiniones propagantur cohibeantur And this is intrusted Judicio Vicecancellarii assidentibus Ipsi Praefectis in Ordinario suo Conventu Thus runs the Statute de Authoritate Officio Vice-Cancellarii There is another Statute as to Sermons and that runs thus Siquis pro Concione aliqua intra Vniversitatem ejusve Praecinctum habita quicquam doctrinae vel disciplinae Ecclesiae Anglicanae publice receptae dissonum aut contrarium protuerit sive protulisse ab ipso Vice-Cancellario suspectus vel alio aliquo rationabilem suspicionis Causam afferentedelatus fuerit the Vicechancellor may thereupon proceed adhibito Consilio Sex aliorum S tae Theologiae Doctorum quorum Vnus sit S tae Theologiae Professor Regius si concioni interfuerit There is not a step they have taken in this Affair which is not according to the Power granted to 'em in these words And I wonder therefore what the Dean means by reproaching their Proceedings as Irregular and Vnstatutable There seems to be a Fate upon him in mis-understanding and mis-representing every thing that carries the Name of a Law for he deals just as skilfully and fairly with these Local Statutes as he does afterwards with those of the Realm If then these Statutes of theirs are valid they are an Ample Warrant for what they have done And Valid they are unless they are contrary to the express known Laws of the Realm which I shall prove 'em not to be immediately In the mean Time supposing there were an Error in their Proceedings it is but the Error of a Judge at most which is never Criminal by any Law in the World unless Corruption attend the Senrence where the Person and the subject Matter are within his Jurisdiction Now in both Respects That is the Case here 'T was a Member of the University that maintain'd the Proposition censur'd 't was in a Sermon preached before the University The subject matter of the Words relates not to the Temporal Government but merely to an Opinion in Religion to an Article of Faith And it must be agreed that Sermons before them and the Doctrines deliver'd in those Sermons are under their Cognisance Now supposing the Censure to be a Mistake no Man of sense but the Dean will pretend that this mistake is a Crime It only gives Cause of Appeal to some Superior Judge in Case the Constitution allows one as Ours both in Civil and Ecclesiastical matter doth in most Particulars There are but few Cases of any kind or Nature whatsoever where the Law hath impowr'd a Final Determination in the first Instance Even in Colledges and Universities there are Visitors and in most Cases Appeals from the first Order or Sentence Mankind doth so generally agree this to be reasonable in consideration of our obnoxiousness to Error that Appeals are deem'd Remedies approv'd by the Law of Nature and in this Divines Canonists Civilians and Common-Lawyers do all agree And if so with what Colour can the Dean insinuate that this Proceeding hath brought either the Persons concern'd of the University into any danger supping if contrary to the Laws of the Realm The next thing to be consider'd is whether any Law of the Realm doth controul or over-rule this matter The Dean says that such Declarations are not fit to be intrusted with any Body of Men less than a National Synod I shall not dispute about Convenience tho with submission to better Judgments Our Constitution can hardly admit of any Alteration but for the worse But the question is how the Law stands The Objection is