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Document : 599

Title: Copy Opinion of Lord Hailes in the Bill of Suspension, David Woodburn of University of Glasgow, Appointed to be Shown to the Parties

Author(s): Dalrymple, Sir David

In the Suspension
David Woodburn
&
The University of Glasgow
To be shown to the parties
That the parties may know upon what
grounds I refuse this bill of Suspenſion.
I observe
that Mr Woodburn's conduct on
St Patrick's day may admitt of excuse
in several particulars; he heared indecent
healths given in the presence of other
tutors: Mr Robison seems to admitt that
he himself laughed at the drollery of
the indecent songs which were sung -
The health which Mr Woodburn proposed
may be obscene, but I do not see that
it is proved to be such, otherways than
by his commentaries on it. If Mr
Robison & Mr Woodburn had left the company
upon the first mention of obscene healths,
they would have acted according to the
decency of their characters, as tutors & the
young gentlemen whose guests they
were would have applauded their conduct.

By remaining too long in the company
they erred, & the consequences have been
hurtfull to both. Whether a fine of
two guineas & a rebuke & admonition
were sufficient censures upon Mr Robison
is not the present question.

The irregularity of Mr Woodburns
attendance on College duties seems not
to be fully proved, at least his
defence of indisposition ought to have
been enquired into
The Scuffle which happened
between Mr. Robison & does
not much affect me in judging of
the case. Mr Robison ought to have
sought redreſs in an accademical
way, not by blows, & he seems to
have premeditatly occasioned that scuffle

My reason for refusing the bill is
founded on the advertisement. I cannot
explain that paper in any other sense
than that which the university meeting
put upon it. The advertisement was a
deliberate thing, communicated to different
perſons, and I have no doubt that both
editions of it were composed by Mr. Woodburn
His Explanation of it in the replies

does not seem satisfactory: If Italian
paſsion means Jealousy, how comes it
that the correspondent expreſsion in the
other copy is unnatural feelings. Such
being my understanding of the Advertisement.
I am under the neceſsity
of finding that Mr. Woodburn falls
under the 10th section of the university
laws & consequently of refusing the
bill of Suspension.

I do not see sufficient reason for
paſsing the bill on account of supposed
informalities in the proceedings. The
sentence pronounced seems justifiable
from the circumstances of the case,
nor does there appear to have been
any neceſsity for a formal trial

Such being my sentiments, I
refuse the bill. Other judges may
perhaps think otherways. I reserve
[¿] as accords (Signed
Sept. 16th 1769. [¿] Dalrymple.


Copy N.9
Opinion of
Lord Hailes
In the bill of Suspn.
David Woodburn
&
The University of
Glasgow
Appointed to be shown
to the parties
Sept. 16th 1769
No.9.