the poll by 62 votes, Parsons had 43, and Hutchinson 39. The Provost, on the scrutiny, reduced Browne’s votes to 51, Parsons’ to 34, and his son’s to 36, thus returning his son by a majority of two over Parsons. Against this return the petitioners set forth that the Provost received for his son the votes of several persons who had no right to vote; that he refused for Parsons the votes of several who were legally entitled to vote; that on the scrutiny, he received illegal evidence; that he acted as agent for his son, and by undue means procured votes for him; that he exerted his prerogative antecedently to the election for the purpose of illegally influencing the electors; and that by illegal and partial scrutiny he reduced the number of the votes for Parsons below the number of the votes for his son. Burston stated the case, and referred to the election of 1776, when the Provost’s eldest son was unseated for undue influence. He gave numerous instances of the Provost’s abuse of his powers in the matters of “non-coing” and leaves of absence. He complained of his rejecting votes on the ground of minority on the evidence chiefly of the Matriculation-book. Amongst the witnesses examined were the Very Rev. Wensley Bond, Sch., 1761, Dean of Ross; G. Miller, Fellow (and afterwards Master of Armagh Royal School); William Magee, Fellow and Junior Dean (and afterwards Archbishop of Dublin); Toomy, a scholar (and afterwards Professor of Medicine); Dr. Marsh, Fellow, and Registrar of the college; Whitly Stokes, Fellow (and afterwards Professor of Physic), &c. &c.

The examination of the witnesses brought out a great many curious and interesting facts relative to college men and college administration a hundred years ago. For instance, Mr. Fox, in arguing against the right of Scholars, being minors, to vote, referred to the election of 1739, when Alexander MacAulay, Dean Swift’s nominee,[50] was elected against Philip Tisdall; and when the election was set aside by the House of Commons on account of the vote of Mr. Sullivan[51] (afterwards Professor of Laws), who, being elected a Fellow at nineteen years of age in 1738, was a minor when he voted.

Plunket and Smith argued on the other side that Scholars, being minors, were entitled to their votes, and that these votes were allowed in the contested election of 1761, when Lord Clonmel ran French against the Attorney General, Tisdall, on account of the latter’s hesitancy about the Octennial Bill. It was argued further that the Matriculation-book was not legal evidence as to age, inasmuch as “boys without any sanction gave in their ages older than they really were, from a desire to be thought men.” Finally, the committee resolved unanimously that Fellows and Scholars, though minors, have a right to vote for members to represent the University.

Mr. Miller[52] deposed that he was applied to by the Provost for his vote, and that he was offered a copy of the Provost’s fellowship examination questions in Morality,[53] “an advantage,” said Burrowes, “which would have made a docile parrot appear superior to Sir Isaac Newton.” Three of the senior fellows voted for Hutchinson at the election. Toomey, a Scholar, was a Catholic, and refused to vote because the Junior Fellows could prove that he was a Catholic, and would take his pupils from him. He would not conform, although the Provost’s eldest son pressed him, and told him that his own ancestors were Catholics and had conformed, and that he himself would be a Catholic if he lived in a Catholic country. Toomey knew that Casey, a Scholar, was a Catholic, and that he was chapel roll-keeper, attended college chapel twenty times a week, and partook of the Sacrament. Toomey “did not vote at the election because his vote would be of no use as he was a Roman Catholic.”[54] James Hely, a Scholar, was a Catholic in Limerick, and had conformed in St. Werburgh’s Church, in Dublin, to the Rev. Mr. L’Estrange, curate. The petitioners strove to disqualify Hely “for Popery,” but his conformity was admitted by the committee.

Mr. Graves, Fellow (afterwards Professor of Divinity and Dean of Ardagh), had voted for Hutchinson, and he believed that the Provost did declare to the Senior Fellows that he would nominate him to the Fellowship even against the majority of the Board. Dr. Hales’ pupils were worth £500 or £600 a year to him;[55] and on his resignation the Provost claimed the power of distributing his pupils amongst the other Fellows. Hales had sixty or seventy pupils. Fellow-commoners paid £12, pensioners £6, per annum. It was deposed by another witness that the Provost nominated Mr. Ussher to a Fellowship in 1790—and it is so stated in the Calendar—although he had but two votes amongst the Senior Fellows, and those two were Drs. Kearney and Barrett.

Mr. Magee, Junior Dean, stated, that after his election to Fellowship he was desirous to go to the bar, and that the dispensation was prevented by the Provost. Shortly before the election, however, the Provost offered to obtain the dispensation for him, with commons money and the usual allowance, if he would either vote for Hutchinson or go out of the way. Magee declined both proposals, and lost the dispensation; but probably he got on as well in the Church as he would have succeeded at the Bar. In the course of Mr. Magee’s examination the following passage occurred: “Counsel—Is not Dr. Fitzgerald a warm man? Magee—There are other warm men in college besides Dr. Fitzgerald. Counsel—I perceive there are.” Mr. Toomy, a Scholar of the house, acknowledged that he was a Catholic. He told about “Regulators’ Places” for Sizars, worth about £16 a year, and about “Natives’ Places” for Scholars worth the same, and the electioneering use which the Provost made of these appointments. Mr. Stordy, the college clerk, told a great deal about the system of “non-coing.” A Scholar’s non-co was worth £16 a year, and a Fellow’s was worth, for one half year, 7s. 7d. a week, and for the other half, 8s. 6d. a week, or about £21[Pg xlviii] a year. Dr. Marsh, Senior Fellow, was twice refused leave of absence by the Provost. The Provost gave the Vice-Chancellor’s rooms to his own supporters. A Scholar could have leave for thirty-two days, and a fellow for sixty-three.[56] By Yelverton’s Act, Trinity College students could be called to the bar three years before non-graduates.

Mr. Whitley Stokes, Fellow, gave instances of the Provost’s partiality