Note 109 — THE OPINION OF AN EMINENT LAWYER[96], &c.

Delegates are nominated by the Caput; and the Caput is, in effect, appointed by the Vice-chancellor and Heads of Colleges, who are commonly parties in all appellations. [See Stat. De capite Eligendo.] So (as the University complained, in their remonstrance against this very Statute of Q. Elizabeth) “when they [the V. C. and Masters of Houses] offer wrong, and themselves appoint judges to redress that wrong; it is too true, which Livy writeth in the state of Decemvira, siquis Collegam appellaverit, (meaning Appius’s judgment), ab eo, ad quem venerit, ità discessurum, tanquam pæniteret prioris decreto non stetisse.” [C. C. C. MSS.] So little reason is there on the part of the Vice-chancellor, to fear any thing from partial Delegates!