Note 110 — THE OPINION OF AN EMINENT LAWYER[96], &c.

The Inquirer hath even had the hardiness to advance this in the plainest terms. He harangues at large from p. 9. to 13. on the impropriety of appealing from the determination of a superior to an inferior; and, in another place, p. 39. derides the notion of citing the supreme Magistrate before more supreme Delegates. But how different were the sentiments of a late learned Civilian on this head, from those of this little academical Lawyer! Speaking of Mr. Campbell’s case, in 1725. “There is, says he, a subordination of jurisdiction in the University. The Vice-chancellor’s jurisdiction is inferior to that of the Senate; and upon Mr. C—’s saying, that he appealed to the University, the inferior jurisdiction ceased and devolved to the Senate, even before the inhibition. And, afterwards in considering the proctor’s inhibition; upon the Appeal, the Proctors represent the University, and are in that case superior to the Vice-chancellor.—And I am of opinion, that the Delegates in Mr. C—’s cause may, upon the Proctor’s applying to them, primo et ante omnia reverse the whole proceedings against him, in the V. C’s court, as an attentat upon the University’s jurisdiction; and may likewise inflict such censures, as the Statutes impower them to make use of, for the breach of the inhibition; all inhibitions being by Law, sub pænâ juris et contemptûs.” Dr. Andrews.