cover on a hack, unamenable to any censure? For, surely, in this age, no man could propose so absurd a thing as a general interdiction of riding. How, in fact, does the University proceed? She discountenances the practice; and, if forced upon her notice, she visits it with censure, and that sort of punishment which lies within her means. But she takes no pains to search out a trespass, which, by the mere act of seeking to evade public display in the streets of the University, already tends to limit itself; and which, besides, from its costliness, can never become a prominent nuisance. This I mention as illustrating the spirit of her legislation; and, even in this case, the reader must carry along with him the peculiar distinction which I have pressed with regard to English Universities, in the existence of a large volunteer order of students seeking only the liberalization, and not the profits, of academic life. In arguing upon their case, it is not the fair logic to say, These pursuits taint the decorum of the studious character; it is not fair to calculate how much is lost to the man of letters by such addiction to foxhunting, but, on the contrary, what is gained to the foxhunter, who would, at any rate, be such, by so considerable a homage paid to letters, and so inevitable a commerce with men of learning. Anything whatsoever attained in this direction is probably so much more than would have been attained under a system of less toleration. Lucro ponamus,

we say, of the very least success in such a case. But, in speaking of toleration as applied to acts or habits positively against the statutes, I limit my meaning to those which, in their own nature, are morally indifferent, and are discountenanced simply as indirectly injurious, or as peculiarly open to excess. Because, on graver offences (as gambling, &c.), the malicious impeachers of Oxford must well have known that no toleration whatsoever is practised or thought of. Once brought under the eye of the University in a clear case and on clear evidence, it would be punished in the most exemplary way open to a limited authority; by rustication, at leastthat is, banishment for a certain number of terms, and consequent loss of these terms-supposing the utmost palliation of circumstances; and, in an aggravated case, or on a second offence, most certainly by final expulsion. But it is no part

of duty to serve the cause even of good morals by impure means; and it is as difficult beforehand to prevent the existence of vicious practices so long as men have, and ought to have, the means of seclusion liable to no violation, as it is afterwards difficult, without breach of honour, to obtain proof of their existence. Gambling has been known to exist in some dissenting institutions; and, in my opinion, with no blame to the presiding authorities. As to Oxford in par

ticular, no such habit was generally prevalent in my time; it is not an English vice; nor did I ever hear of any great losses sustained in this way. But, were it otherwise, I must hold, that, considering the numbers, rank, and great opulence, of the students, such a habit would impeach the spirit and temper of the age rather than the vigilance or magisterial fidelity of the Oxford authorities. They are limited, like other magistrates, by honour and circumstances, in a thousand ways; and if a knot of students will choose to meet for purposes of gaming, they must always have it in their power to baffle every honourable or becoming attempt at detecting them. But upon this subject I shall make two statements, which may have some effect in moderating the uncharitable judgments upon Oxford discipline. The first respects the age of those who are the objects of this discipline; on which point a very grave error prevails. In the last Parliament, not once, but many times over, Lord Brougham and others assumed that the students of Oxford were chiefly boys; and this, not idly or casually, but pointedly, and with a view to an ulterior argument; for instance, by way of proving how little they were entitled to judge of those thirty-nine articles to which their assent was demanded. Now, this argued a very extraordinary ignorance; and the origin of the error showed the levity in which their legislation was conducted. These noble lords had drawn their ideas of a University exclusively from Glasgow. Here, it is well known, and I mention it neither for praise nor blame, that students are in the habit of coming at the early age of fourteen. These may allowably be styled boys. But, with regard to Oxford, eighteen is about the earliest age at which young men begin their residence: twenty and upwards is, therefore, the age of the majority; that is, twenty is the minimum of age for the

vast majority, as there must always be more men of three years' standing than of two or of one. Apply this fact to the question of discipline: young men beyond twenty, generally, that is to say, of the age which qualifies men for seats in the national council,- -can hardly, with decency, either be called or treated as boys; and many things become impossible as applied to them, which might be of easy imposition upon an assemblage really childish. In mere justice, therefore, when speculating upon this whole subject of Oxford discipline, the reader must carry along with him, at every step, the recollection of that signal difference as to age which I have now stated between Oxonians and those students whom the hostile party contemplate in their arguments.1

1 Whilst I am writing, a debate of the present Parliament, reported on Saturday, March 7, 1835, presents us with a determinate repetition of the error which I have been exposing; and, again, as in the last Parliament, this error is not inert, but is used for a hostile (apparently a malicious) purpose; nay, which is remarkable, it is the sole basis upon which the following argument reposes. Lord Radnor again assumes that the students of Oxford are "boys"; he is again supported in this misrepresentation by Lord Brougham; and again the misrepresentation is applied to a purpose of assault upon the English Universities, but especially upon Oxford. And the nature of the assault does not allow any latitude in construing the word boys, nor any room for evasion as respects the total charge, except what goes the length of a total retraction. The charge is, that, in a requisition made at the very threshold of academic life, upon the understanding and the honour of the students, the University burdens their consciences to an extent which, in after life, when reflection has enlightened them to the meaning of their engagements, proves either a snare to those who trifle with their engagements, or an insupportable burden to those who do not. For the inculpation of the party imposing such oaths, it is essential that the party taking them should be in a childish condition of the moral sense, and the sense of responsibility; whereas, amongst the Oxonian under-graduates, I will venture to say that the number is larger of those who rise above than of those who fall below twenty; and, as to sixteen (assumed as the representative age by Lord Radnor), in my time, heard of only one student, amongst, perhaps, sixteen hundred, who was so young. I grieve to see that the learned prelate who replied to the assailants was so much taken by surprise; the defence might have been made triumphant. With regard to oaths incompatible with the spirit of modern manners, and yet formally unrepealed-that is a case of neglect and indolent oversight. But the gravamen of that reproach does not press exclusively upon Oxford; all the ancient institutions of Europe are tainted in the same way, more especially the monastic orders of the Romish church.

Meantime, to show that, even under every obstacle presented by this difference of age, the Oxford authorities do, nevertheless, administer their discipline with fidelity, with intrepidity, and with indifference as respects the high and the low, I shall select from a crowd of similar recollections two anecdotes, which are but trifles in themselves, and yet are not such to him who recognizes them as expressions of a uniform system of dealing.

A great Whig Lord (Earl C) happened (it may be ten years ago) to present himself one day at Trinity (the leading college of Cambridge), for the purpose of introducing Lord F -ch, his son, as a future member of that splendid society. Possibly it mortified his aristocratic feelings to hear the head of the college, even whilst welcoming the young nobleman in courteous terms, yet suggesting, with some solemnity, that, before taking any final resolution in the matter, his lordship would do well to consider whether he were fully prepared to submit himself to college discipline; for that, otherwise, it became his own duty frankly to declare that the college would not look upon his accession to their society as any advantage. This language arose out of some recent experience of refractory and turbulent conduct upon the part of various young men of rank; but it is very possible that the noble Earl, in his surprise at a salutation so uncourtly, might regard it, in a Tory mouth, as having some lurking reference to his own Whig politics. If so, he must have been still more surprised to hear of another case, which would meet him before he left Cambridge, and which involved some frank dealing as well as frank speaking, when a privilege of exception might have been presumed, if Tory politics, or services the most memorable, could ever create such a privilege. The Duke of Whad two sons at Oxford. The affair is now long past; and it cannot injure either of them to say, that one of the brothers trespassed against the college discipline, in some way which compelled (or was thought to compel) the presiding authorities into a solemn notice of his conduct. Expulsion appeared to be the appropriate penalty of his offences: but, at this point, a just hesitation arose. Not in any servile spirit, but under a proper feeling of consideration for so eminent a public benefactor as this young nobleman's father.

the rulers paused—and at length signified to him that he was at liberty to withdraw himself privately from the college, but also, and at the same time, from the University. He did so, and his brother, conceiving him to have been harshly treated, withdrew also; and both transferred themselves to Cambridge. That could not be prevented: but there they were received with marked reserve. One was not received, I believe, in a technical sense; and the other was received conditionally; and such restrictions were imposed upon his future conduct as served most amply, and in a case of great notoriety, to vindicate the claims of discipline, and, in an extreme case, a case so eminently an extreme one that none like it is ever likely to recur, to proclaim the footing upon which the very highest rank is received at the English Universities. Is that footing peculiar to them? I willingly believe that it is not; and, with respect to Edinburgh and Glasgow, I am persuaded that their weight of dignity is quite sufficient, and would be exerted to secure the same subordination from men of rank, if circumstances should ever bring as large a number of that class within their gates, and if their discipline were equally applicable to the habits of students not domiciled within their walls. But, as to the smaller institutions for education within the pale of dissent, I feel warranted in asserting, from the spirit of the anecdotes which have reached me, that they have not the auctoritas requisite for adequately maintaining their dignity.

So much for the aristocracy of our English Universities: their glory is, and the happiest application of their vast influence, that they have the power to be republican, as respects their internal condition. Literature, by substituting a different standard of rank, tends to republican equality; and, as one instance of this, properly belonging to the chapter of servants, which originally led to this discussion, it ought to be known that the class of "servitors," once a large body in Oxford, have gradually become practically extinct under the growing liberality of the age. They carried in their academic dress a mark of their inferiority; they waited at dinner on those of higher rank, and performed other menial services, humiliating to themselves, and latterly felt as no less humiliating to the general name and interests of learning. The better