The Petition and Argument of Mr Hotham, Floating text 4 – Floating text 6

The Petition and Argument of Mr Hotham · Floating text 4 – Floating text 6

p. 7SIR,

I acknowledg it may to this grave Aſſembly ſeem ſtrange, & perhaps ſomething ſmelling of preſumption, that in a buſineſs wherein the good of the whole Colledg is pretended to, one man onelyonly ſhould appear to own it, & he neither the firſt nor ſecond Senior of the Colledge, nor yet publickly employed by the Society for the making of ſuch attempt: But I hope if the high conſequence of the matter preſented, and greatneſs of the perſon, or rather intereſt to be oppoſed, and how unwilling men of prudent and ſuffering ſpirits have always been to engage themſelves in high conteſts, and how loath modeſt men are to ask that which they think may probably be denied them, be well conſidered, this wonder will ſoon ceaſe. And to take away the imputation of preſumption, I have onelyonly this to ſay, that had I known of any man that would have taken upon him this task, I ſhould moſt willingly, according to that mans directions, either have ſitten ſtill, or ſeconded him in the meaneſt of ſervices tending to the advancement of this cauſe. But I knew of none, and beſides, had, above the reſt of the Society, theſe ſpeciall engagements obliging me to this endeavour.

1. Firſt at the time of my preſenting the Petition, I was one of the Deans of the Colledge, an Officer intruſted by the Founder, not onelyonly as an aſſiſtant to the Maſter in the Colledge-Government, but likewiſe as one of the Ephori of Sparta, a Superviſor and Cenſor of his actions in ſome caſes, to admoniſh him, if need were, and in caſe of his obſtinate ſtanding out againſt admonitions, to complain of him to a Superiour Juſtice.

Secondly, our Colledge-ſtatute requires every member of the Colledge, even after his departure, (much more during his abode) that in way of a grateful acknowledgment of that much good he hath received there, he ſhould endeavour the preſervation of the Colledge-rights to the utmoſt of his power.

p. 8Now there having been one of my own name, and Family, the third, or fourth ſucceſſour to the Biſhop of Ely that founded the Colledge, a great Benefactor to it (though the particulas wherein, appear not) and my ſelf coming now in a more peculiar manner, and by a ſtrange caſt of providence, to partake of the good fruits of his bounty; I held it a double obligation upon me to a performance of this clauſe of our Statute, by endeavouring ſomewhat which poſterity might reap the benefit of; which being at preſent not in a capacity to do, by gift of Lands, or any conſiderable ſum of Money, all I had left within my power, was …ly to appear here as the Colledges ſervant, in the vindication of our common-liberties, then which, ingenuous ſpirits know not a more precious treaſure upon Earth.

Thirdly, 'Tis a thing well known to all I have ever converſt with, that I have ever ſince the firſt beginning of theſe civill wars, and that in the moſt hazardous times, when the generality even of the Parliaments party ſtood inclinable to a defection, been to my poor ability, and in my narrow ſphere, a zealous aſſertor of the Nations liberty, againſt the prerogative of the ſupreme Officer of State, then in War againſt us: And therefore, if upon the ſame principle I now ſhew my ſelf more then ordinarily forward in aſſerting the liberties of our particular Common-wealth, againſt a parallel tyranny; I hope my boldneſs will find the eaſier pardon.

This I have been neceſſitated to premiſe, in anſwer to thoſe evill ſurmiſes which you hear have been rais'd, and objected, as of great conſequence againſt the title of the Petition, and more might be added; but ſeeing this Committee hath been ſo juſt and honourable, as waving all reſpect of perſons, to take the matter it ſelf into your grave conſiderations, I ſhall now wholly apply my ſelf to the matter in hand.

The Petition is large, but may, in ſumme, be reduc't to theſe two heads.

Firſt, a Preamble conſiſting of a Concatenation of divers motives for enforcement of the Petition.

Secondly, The Prayer of the Petition it ſelf.

The Motives are many, and of great weight.

You have in them,

p. 9Firſt, a generall Propoſition of thoſe great miſchiefs which the common experience of all ages, places, and Nations, teaches us do ariſe from the chief Officer of any Corporations being intruſted with a power diſtinct from, and ſuperior to that of the community. 'Tis both the true characteriſticall badge of ſlavery, and the chief fomenter of jealouſies and contentions: For whereſoever 'tis ſo, there's alwayes a particular intereſt of the governing power ſet up diſtinct from, and moſt what contrary to, that of the publike, then which nothing can be more deſtructive to the welfare of any Community: the truth of which Maxime we have had a feeling proof in the ſad ſeries of thoſe evills which have lately ſprung up in this Nation from the claime and exerciſe of this power by the chief Officer of Englands great Corporation: 'Twas that which had like firſt to have plung'd us into the depth of ſlavery, and did afterwards ingage us in a bloudy war, the juſtice of which war can never be ſolidly maintained by the aſſerters of a Negative Voice. For my own part, this was to me the great convincing argument of the Scots apoſtaſie from their firſt principles, and from the cauſe they were with using ag'd in, when I ſaw them in their Manifeſto plead ſo openly for the upholding of this great branch, or rather ſtock, and bulk it ſelf of the royall Prerogative.

2. You have for confirmation of this truth the judgment of the whole Repreſentative of England, and thoſe that have moſt cordially appear'd with them in this cauſe, eſpecially of the now governing power, which hath always declared this power in the King of a moſt dangerous and deſtructive nature to the weale publike, and inconſiſtent with the Nations freedom: And the Army in particular, when we were not yet attained to that wiſe and generous reſolution of removing the Kingly Office as well as his Perſon, did in their grand Remonſtrance propound it as a neceſſary caution for the ſecurement of our Liberties, that whoſoever ſhould, upon the removall of the late King, be admitted, though but by election, to ſucceed him, ſhould before his admiſſion diſavow all claim to a Negative Voice.

3. You have preſented to your view a more particular declaration of this preſent Parliaments judgment in this point, in reference to a particular Corporation: Thoſe evills which the p. 10whole Nation had formerly groan'd under, there was a criticall time when the City of London felt the ſame pangs of the ſame diſeaſe ariſing from the ſame fountain of corruption: the chief governour of that city exerciſing that power in his own Corporation, which himſelf with others had declar'd and fought againſt in the ſupreme Officer of the Nation; wherupon this Parliament was pleas'd to remove that prerogative, and provide them this very way now petition'd for, of acting as a free Body in caſe of need, without the chief Officers concurrence.

4. The fourth motive humbly propounded to your conſideration is the great miſchiefs which have redounded to our ſmall Corporation from the exerciſe of this arbitrary power by our chief Officer: But of this theme, becauſe 'tis very large, and will need much interlacing of proofs and examination of Witneſſes, I ſhall treat, if need be, in the laſt place.

5. The fifth, and that the moſt generally convincing motive of all, is from our locall Statute which I read to you, when I was here laſt before this Committee, which runs in theſe words.

Quia quod à pluribus quaeritur, faciliùs invenitur, et conſulendo dicit Sapiens, Omnia cum conſilio fac, & minimè poenitebit: ſtatuimus injungendo, nè cùm ardua domus emerſerint negotia, Magister capitosè ſuae prudentiae imitatur, ſed omnes Scholares convocet, & emerſa …egotia exponat eiſdem, & ſuper illis quaerat conſilium ſingulorum, nedum ſeniorum, ſed juvenum, cùm donet juniori Deus aliquoties quod non ſeniori: ſed ſi in unam conveniant ſententiam, bene quidem ſin autem, numero ſtetur majori, etiam & ſaniori.

Here you ſee our Lawgiver expreſly declares his will, that the Maſter ſhall not prefer his private wiſdom before the wiſdom of the whole or major part of the Society: and brands ſuch proceedings of his with an imputation of headineſſe and raſhneſſe: OnelyOnly ſuppoſing the conſcience of that Oath which the Maſter was to take at his admiſſion would bee a ſufficient tie to a ſtrict performance of his will, thought it needleſſe to eſtabliſh his law by any penalty, or to point us out a way of acting without him, which is the defect we now deſire a ſupply of.

In thoſe times, when a pla…n, honeſt, and conſcientious ſimplicity bore ſway in mens hearts, and wickedneſſe was not ſo ingenious p. 11as it hath ſince proved in our times, a few rules ſufficed to preſerve righteouſneſs and peace amongſt men: The Laws were then (as the Moſaical Law) like thoſe wide-window'd Nets our national Statutes preſcribe for hindering the deſtruction of the young fry of fiſh: but afterwards the corruption of mans nature ſpinning out it ſelf to ſuch a ſubtilty as to find eaſie Evaſion through thoſe ſpacious grates, 'twas found neceſſary in every age to make an intertexture of new threds, and croſs bars for the intangling of thoſe ſubtiller Offenders: Now therefore this which is propounded unto you being of this nature, not purely a new Law, but only a new way laid down (agreeable to what the wiſdom of Parliament had preſcrib'd in a parallel caſe) for the more ſure and effectual execution of the old eſtabliſhed Law of our Founder, ought in reaſon to find the eaſier admittance.

Only there is one Objection or two of ſome weight which I, muſt crave the patience of this honourable Aſſembly, to give me leave to diſcuſs, for the fuller clearing of all doubts, which may perplex the queſtion.

The firſt is, that our Founder where he ſaith the Maſter muſt numero ſtare majori, adds [etiam & ſaniori,] whence ſome may perhaps infer, that 'tis left to the Maſter to judg which is the ſounder part, and ſo if he relinquiſh the major part, and follow their advice whom he judgeth the ſounder part, he tranſgreſſeth not. But that this was an expoſition far from our Lawgivers intention, I ſhall demonſtrate by theſe Reaſons.

Firſt, It's apparent the Founder intended this Statute mainly as a proviſion againſt the Maſters ſelf-wiſdom, upon which he ſaies, he ſhall not rely. Now therefore if the Maſter refuſe the major, and adhere to the minor part, only becauſe in his judgment the ſounder, he does in effect rely upon his own prudence, which is the thing our Founder forbids.

Secondly, If the judgment of the ſounder part be left to the Maſter, the word majori may as oft as he pleaſes be made a meer non-ſignificant Cipher. If the Maſter propound a buſineſs to the whole number of Fellows, which is fourteen, & can get but two or three (then which nothing is more eaſie) to ſide with him, he may cal thoſe few men the onl ſyound men of the Society, all the other eleven or twelve ſhall be eſteemed as factions or frantick, becauſe of their advice not ſuiting with his ends; and ſo that obſcure p. 12word [ſani…ri] ſhall, like one of Pharaohs lean Kine, ſwallow up the word majori, though fairer and better likin…, into its inſatiable ſtomack. So ſhall the Maſter contrary to the Founders will be made by his own eſtimate the Solus ſapiens, and ſupream Lord. The fellows, they are flattered with a ſpecious ſhew of liberty and co-partnerſhip in the Government, but are indeed like meer School-boys (ſuch would the King have made the whole Parliament) called together to a poſing, not voycing, in which they muſt either comply with the Maſters will, or have their advice rejected with ſcorn, and themſelves diſmiſſed with infamy, as crackbrain'd and unſound men.

Therefore this being an interpretation ſo full of contradiction and inconſiſtency both to the general current of this Statute, and particular, contexture of the ſentence it ſelf, the word ſaniori cannot be underſtood, but is either a meer word of formality, or to ſay the moſt, was added only as a Proviſo, where 'twas impoſſible to determine which was the major part, as where the number of Fellows on both ſides was equally divided, that there the Maſter might encline to that part which he ſhould judg the ſounder.

But that by the word ſaniori is not meant at all a reference to the Maſters judgment, but that 'twas rather a meer word of form affected by the ſolemn gravity of thoſe times, will appear ſeveral ways, As,

Firſt, From our eighteenth Statute, where our Founder, treatting of licenſe to be given to two of our Fellows to travel, ſhuffles the Maſter and Fellows all into one pack, and ſays that they (the Maſter and Fellows, or the major and ſounder part of them, ſhall have power to give this licenſe. His words are theſe, Nos principatitor hoc attente, dictis Magiſtre, & Scholuribus potoſtatem & licentiam impartimur: quod ipſi vel ſaltem major pars, & ſanior corundem, ſi hoc Domini & Scholaribus expedire viderint, unum vol duos Scholares domûs hoc p…t…ntes, ſi ad hoc ſuo judicio fuerint habiles licentiare valeant.

Here you ſee the Maſter is cleerly levell'd as one man with the reſt of the Society: The expreſſion runs not, as in ſome Statutes, Magiſter & maior ac ſanior pars Scholarium, but maior & ſanior pars Magiſtri & Scholarium, the greater and ſounder part of the Maſter and Fellowes put together: ſo the Maſter being here made p. 13a party in the Scrutiny, is incapable of being a Judge in the ſame: and therefore in all probability the word ſaniori is, as I ſaid, put in by the Founder only as a word of courſe, a meer ſynonima, an expreſſion affected by the gravity of thoſe times in which he lived.

And further, that this is no bare conjecture of mine, but rather a truth evidenced with us by experience of all times, the firſt of all the Univerſity Statutes entituled De modo ſtatuendi, which I have here copied out of the Proctors book, will make it very evident.

That De modo ſtatuendi runs thus:

Authoritate totius Ʋniverſitatis Cantabrigienſis tam Regentium quàm non Regentium, ordinatum eſt, quòd in ſtatuendis rebus & negotiis utilitatem communem dictae Vniverſitatis concernentibus ſolum illud pro Statuto habeatur, quod de conſenſu maioris & ſanioris partis dictorum Regentium, & de conſenſu non Regentium fuerit decretum per Statutum.

And I have here ready to produce, if need be, a ſufficient number of preſidents ſhewing the obſervation of this Statute in ſeverall ſanctions from time to time, all which bear the ſtile of the major and ſounder part of Regents and Non-Regents: yet the conſtant tenour of our Univerſity proceedings witneſſes that the major and ſounder part were never look'd at as two diſtinct notions, and left to the Vicechancellors and Proctors diſcretion to determine of; but that the major part was alwayes (and as I can prove by another Statute ought to be) adjudged the ſounder, and whatſoever was decreed by the major number of voices, paſt alwayes for an act of the Univerſity without exception. And for the truth of this aſſertion, I appeal not only to thoſe of our Society, men of great ſtanding, here preſent, but to all that ever have long reſided as Maſters of Art in the Univerſity: yea and to Doctor Seaman himſelf, if he has ſeen ſo many Congregations as to make him a competent witneſſe in this matter.

So the advantage of that expreſſion for the aſſumption of a negative voice being now I hope cleary remov'd, I ſhall procced to the laſt objection urg'd, and chiefly relied upon by the Maſter, which is, that the Univerſity Statute allowes all Maſters of Colledges a negative voice.

The Statute for your memories ſake I ſhall again rehearſe.

p. 14In omnibus & ſingulis electionibus tam Sociorum, Diſcipulorum, Scholarium, Officiariorum, Lectorum, reliquorum que membrorum cuiuſque Collegii, quàm in omuibus & ſingulis locationibus, & conceſſionibus quibuſcunque neceſſarsò requirendus eſt Magistri five Praepoſiti illius Collegii aſſenſus & conſenſus.

This is as much of the Statute as concerns the queſtion in hand.

This Statute will, I know, to al that read it at firſt ſight ſeem an Argument invincible.

But I ſhall notwithſtanding orave leave to ſay ſomewhat in anſwer to it, not doubting but before I have done I ſhall make it appear as contemptible, as now it ſeems formidable. As,

1. Firſt, That every Colledg being a diſtinct Corporation by it ſelf, and Laws preſcribed for its Government by him that founded or endowed it, it may well be queſtioned whether thoſe Laws of any of them can be taken away or ſuperſeded by any general Statute of the Univerſity. And this I do the rather queſtion, becauſe the Univerſity hath in former Statutes ſhown it ſelf very tender of the infringement of the particular Statutes of Cuſtoms of private Colledges; as appears by the laſt clauſe of a Statute de expulſis in ali a Collegium non recipiendis, which Statute though in it ſelf moſt rational, and fit to have a binding power over all, yet did not the Univerſity think fit to paſs it without this additional Salvo, Ne que intendimus per praeſens Statutum, Statutis, Constitutionibus, Compoſitionibus cateriſ que Colligiorum, in aliud derogdre: Nor is it our meaning by this preſent Statute to derogate ought from the Statutes, Conſtitutions, and other Compoſitions of particular Colledges.

Beſides, it hath formerly been the declared Opinion of ſome of the wiſeſt of our Univerſity, that the Vice-chancellor, who is our chief Officer in the Government of the Univerſity, cannot exerciſe his Juriſdiction within the walls of a private Colledg.

Now it ſeems irrational to think that the Univerſity Statutes ſhould claim a Power paramount to the local Statutes of thoſe places, where yet the chief Officer entruſted with the execution of thoſe Laws that lay claim to this ſupremacy, can find no entrance.

p. 152. Our Colledg Statute is of a far ancienter ſtanding then this Univerſity Statute; and therefore though this of the Univerſity ſeems to thwart it, yet being made without any clauſe of a non obſtante, the Colledg Statute lies unrepealed, and therefore in full force, eſpecially our Colledg Statutes being revis'd and confirmed at the ſame time with the Univerſity Statutes, and by the ſame Viſitors, as I ſhall, if it be thought needful, make it appear.

3. This Statute is none of our ancient Statutes of the Univerſity, but one of very late ſtanding, no ancienter then the tenth year of Queen Elizabeths Raign, for in all our Statutes till that time (as I am well able to ſay, having lately ſearched the Proctors book to that purpoſe) there appears no footſtep of it; nay not in the firſt new model of our Statutes which, was made primo Elizabethae. For our Reformers being then but newly come out of the furnace of the Marian perſecution, were not yet mounted to that height of ambition: but about ten years after growing warmer and fatter in their great preferments, the Heads of Colledges did its likely upon plea, that our Univerſity-ſtatutes were not enough refin'd from Popery, & that new Diſeaſes ſtood in need of new Remedies, got a revivall of the commiſſion granted formerly primo Elizabethae for another new modelling of them, in which though for pomps ſake the Commiſſioners appointed for that work were ſome of them, as Cecil, Cook, and Haddon of the Queens privy Councel; yet the reſt of them being Doctors of Law, Phyſick, and Divinity, and two of them Divinity Profeſſors of the Univerſity, no man that is not blind, and knows not how little leiſure thoſe greater Stateſmen had to labyrinth their brains with all the tedious anfractus of that Theory, but will ſay that the main Engines, and the very both prima & ſecunda mobilia in this laſt new Model were the Heads of Colledges alone; and they having now gotten this ample power into their own hands, did, together with the publick Reformation, cunningly interweave their own private advancement; and in purging us of Popery, did, like thoſe Medicamenta maledicta, emunge the body of the Univerſity of ſome of their moſt eſſentiall and fundamentall priviledges;

As for example.

p. 16The choice of a Vice-Chancellor, which was before in the whole body of Regents, they got in this Reformation a Monopoly of it to themſelves, ſo as the body of the Univerſity hath only left them a bare ſuperficies of election, but the ſubſtance they got into their own hands; for by this new Reformation, they got themſelves the nomination of two, one of which the Univerſity is neceſſitated to elect, and if they doubted of him, whom they deſir'd to have elected, 'twas but nominating ſome one diſtaſted or contemn'd man for a ſtale, and then they were ſure to carry it for ſuch one of thoſe two nominated, as they ſhould think fitteſt.

2. Another great priviledge, whereof they depriv'd the Body of the Univerſity, was the interpretation of Statutes, which before except in a few caſes, was as well as the making of Statutes in the body of the Univerſity; but in this new Modell, the heads got a Monopoly of it intitely to themſelves.

And if I miſtake not that ſtrange Statute of the Caput Senatus, conſiſting of the Vice-Chancellor, and five others choſen by the heads of Colledges, and the two Scrutators out of fifteen perſons nominated by the Vice-Chancellor, and Proctors, and all this without the leaſt advice or privity of either of the two Houſes, and theſe five men entruſted, every one with more then a Negative voice (for nothing, be it never ſo juſt or neceſſary to the common good, or of particular perſons, can be ſo much as propounded to the Houſes, till every ſingle man of theſe hath given his poſitive conſent) is of the ſame date. If but one of theſe deny, though giving no reaſon, the concurring voices of the Vice-Chancellor, and the other four are of no force, the motion is ſtiffed in the very cradle, a thing of not care practiſe among us; Now this Stature, if conſidered in its full latitude, will, I think, be found of no longer ſtanding then that new model. Something there was of a like nature before, but if compared with this, will be found vaſtly different; For that had for its object onelyonly tempus & formam, but this, Conceſſions of all natures: in that the negative was in three, here in any one.

And laſtly, to fill up the meaſure of their iniquity, they did likewiſe as much as in them lay, defraud thoſe Societies, where the Founders had inricht them with that unvaluable treaſure, of their p. 17precious liberties; and with their ſpoyls, ſacrific'd to their own ambition, made every Maſter of a Colledge and abſolute Monarch, and the Societies their Vaſſals.

Thus miſerably were the poor Fellows of Colledges deluded and oppreſſed; but to complain was no boot.

Theſe mens potency at Court was ſuch, and ſuch was the reverend eſteem had of them there, that to have ſpoken ought in derogation of them, or their proceedings, would have been deemed blaſphemy, but eſpecialy for one of no higher condition, then a Fellow of a Colledge to have appear'd in publick in his Ruſſet-Coat againſt theſe grand ſilken Rabbies, had been to have expos'd himſelf only to laughter or ruine.

But the Court-prerogative, the root of all theſe oppreſſions being now dig'd up, theſe excrementitious branches will, I hope, be thought fit to be removed with it: beſides nature teaches us, than each evill is beſt cured by its contrary: therefore it having been laid open clearly before you, how the Monarchs connivence at the fraud and corruption of its Repreſentatives was the cauſe of this diſtemper'd mutation. We hope for cure from the vigilant ſincerity of our true Republical-Magiſtrates, by the anulment, if need be, of that Statute, and reſtauration of each Colledge to at leaſt that ancient wholeſome Craſis of Liberty it was created in by its firſt Founder.

I ſpeak not this to caſt any the leaſt prejudice upon that good work of Reformation in Religion, for which I cannot but ſay the Nation owes much thanks to the endeavours of all thoſe Reverend Divines, that were ſo happy inſtruments in it. But we ſee the experience of that proverbial ſentence, Nullum magnum ingenium ſine mixturâ inſaniae. The beſt of men are but men. This whole World, and the heart of every man in it, is nought elſe but a Champaigne, where good and evill, light and darkneſs, contend for victory; and ſo where God hath his Church, the Devill will erect his Chappel as a Fort to lay battery againſt it. So in all Reformations the greateſt inſtruments in it will alwayes (if they be not by themſelves, or others narrowly look't to) carry on ſome deſign of their own private, an attendant at leaſt, if not corrivall to that of the publick. Beſides we know how the people of God, p. 18who immediatly upon their deliverance from Pharaoh, and the Red-Sea, did nothing, but in humility of heart, worſhip and ſing praiſes to God their Deliverer, were obſerv'd afterwards upon a little proſperity to have forgotten God; to have waxen fat and kick'd. And of our Reformers, about that Decade, it may juſtly be queſtion'd. Whether thein zeal in preſerving the Reformation begun, were more to be commended, or their ambition in obſtructing its further progreſs and perfection to be condemn'd.

But above all I deſire to be underſtood, not to intend any the leaſt reflection of blame upon thoſe reverend Gentlemen and Miniſters, the preſent Heads of Colledges in our Univerſity, for as they had no hand in procuring of thoſe incroachments, ſo neither that I know of, have they ever made ill uſe of that power vvhichwhich their Predeceſſors ambition had purchas'd to their hands: For though they have, by the laſt Statute I told you of, the full power of interpretation of Statutes within themſelves, and there was a time, when they might have uſed it with applauſe, in that excellent interpretation of our Univerſity Oaths, whereby mens conſciences, indanger'd to perjury upon every penal ſtatute, were much eas'd, yet to my beſt remembrance, they did not aſſume to themſelves, but yielded to the whole body of the Univerſity the honour of alleviating this grievance.

Nay this I muſt needs ſay, to the honour of all thoſe Heads of other Colledges, except our own, that I conceive 'tis nothing but their honeſt and prudent carriage in their ſeveral charges, which is the cauſe that none of the Univerſity (none having the like particular cauſe of complaint) appear as yet in this cauſe to deſire thoſe proviſions againſt Tyranny, petition'd for in our Colledge, For 'tis not evils in poſſe, though of the neareſt probability, but thoſe in eſſe that ſtir up the generality of men to the invention of remedies. In other Colledges where the Maſters have by ſtatute or cuſtome a negative voyce, yet they have choſen rather to wave ſometimes their own, not intereſt onelyonly, but judgment too, then make uſe of it, and in the very propoſitions of queſtions to be ſwayed by the publick reaſon of their Societies.

p. 19And if our Head had behav'd himſelf with the like candor and moderation in his truſt you had not I think been troubled with theſe tedious diſputes at this day: but our Head though, as you have heard, denyed a negative voice by our Law-giver, will yet uſurp it, propounding onelyonly what he pleaſes himſelf, and after the vote paſt, following his own, not the common prudence of the Society, as ſhall be amply proved (if need be) in its proper place. Beſides, we having in the general courſe of this mans Government, obſerv'd nothing of a publike Spirit, ayming at the common good, but rather a conſtant tenor of cloſe diſſimulation and greedy intentiveneſs upon all advantages of not onelyonly holding faſt in every punctillo, but advancing ſtill further, the grand intereſt of his power and profit; and that as far as humane wit could gueſs of mans heart by its fruits, the two great poles of his whole revolution were dominion and covetouſneſs (of which upon many ſiniſter dealings of his, there's not three men of all our Society that have been the conſtant obſervers of his College-tranfactions this ſeaven years but have at one time or other expreſt their deep reſentment) this is that has occaſion'd this extraordinary petition for a juſt reſtraint of this exorbitancy of an aſſum'd power within thoſe bounds our Law-givers wiſdom had preſcribed to it, with ſome concurrent helps for the ſurer execution of his declared will: "Ex malis moribus ortae ſunt bonae leges. 'Tis the greateſt glory of good magiſtrates, that they can, in imitation of him whoſe image they bear, bring forth good out of evil, light out of darkneſs; and like the Sun in the Firmament, produce good Laws out of an equivocal brood of corrupt manners.

Theſe things I thought it convenient by way of diverſion to ſuggeſt, not that the cauſe ſtands in need of it, but onelyonly to open your eys, that you might ſee how this Antichriſtian myſtery of the negative voice began its working betimes, even neer the Apoſtolick dayes of Reformation.

For to the very letter of the Statute as it ſtands, I am not without a very ſatisfactory anſwer.

For it ſays not poſitively, that all Conceſſions, Elections, &c. ſhall be Null which want the Prefects conſent; but that in all Elections, Conceſſions, &c. the Prefects conſent is neceſſarily to be required. Now we know that that word is of the ſame nature with Poſtulo in Latin, and ſo implies rather that the Prefects conſent is to be required p. 20of him de jure, as a right, then begg'd as an act of grace, as if the Societies conſent without his Le Roy le veult were of no force.

And this anſwer in theſe times wherein all Statutes ought to be interpreted in favour of liberty, as they were formerly in favour of Prerogative, might alone ſuffice. But I ſhall add another of more convincing evidence; Which is this.

That granting the intent of this Statute was to make the Maſters conſent a neceſſary ingredient to the compoſition of each Election or Conceſſion, &c. yet it abſolves them not from that obliging power which lies upon them by any of their local Statutes to conſent to what is advis'd by the major part of their Societies, but that by refuſal of ſuch conſent they incur the guilt of perjury and breach of truſt or ſuch other penalty as their Founders providence hath allotted for the eſtabliſhment of that Law; and therefore this obligation to conſent remaining ſtill in full force, ſuppoſes in the major part the Prefects conſent legally involv'd and included.

As to compare the greater with our ſmaller controverſies, the Kings conſent was always ſuppos'd to be legally included in the major vote even of the moſt petit Tribunal much more of the grand Judicatory of the whole Nation, though never ſo much perſonally diſſenting: which principle hath been always eſteem'd one of the main pillars of our cauſe upon which alone we might lay the whole ſtreſs of not onelyonly the juſtice and lawfulneſs but even legality of our war. But this man who no doubt hath more then once with our once-Brethren of Scotland voted the King a man of blood, and guilty of all the bloodſhed of this war, for endeavouring but to aſſert this power to himſelf (though far more favoured by the the ſtanding Laws of the Kingdom at that time, then with us by our Statute) yet hath not ſcrupled to do the ſame thing himſelf, both in his particular practice in the Colledge, and by his appearance here with all his intereſt and wit to maintain this prerogative.

But to return to the point.

This point having been fully clear'd up to you out of our local Statute, that our Maſter is bound to conſent to the vote of the major part, that expreſſion of the Univerſity-Statute will now I hope create no prejudice.

And this anſwer may likewiſe ſatisfie another argument for the negative voice, which may poſſibly be drawn from our Statute of Elections, which requires Conſenſum Magiſtri, & major is part is p. 21ſociorum, and ſome others running in the ſame ſtrain. For the true ſence of that Statute de ardius being now fully clear'd, makes it apparent, that in the conſent of the major part of the Society, the Maſters conſent always is or ought to be included.

And now having I hope removed all doubts and objections, I ſhall now deſire leave to ſpeak a word to my ſixth motive for granting my Petition, viz. the danger leſt this root of corruption left among us, ſhould hence ſpread it ſelf again to infect the whole Nation. This I confeſs may ſeem at firſt ſight but a meer flouriſh of Rhetorick, or far-fetcht ſtrain of melancholy; but I ſhall make it appear, there's much of reality in the aſſertion.

'Tis an humour you all know the moſt of mankind are much incident, to, to labour the promotion and propagation of the forms, opinions, and cuſtomes of thoſe places where they live, eſpecially where they have been train'd up in their younger years; and therefore it was the policy of the contrivers of our former Government (as knowing that that Government could never be durable which had not its image ſtampt upon the peoples affections) to ſet up the image of that univerſal Government of the State in every petty combination of men. Hence as a reflected image of the then-preſent Government by King and Councel, King and Lords, or King and Parliament, was ſet up that Government of Corporations by Maior and Aldermen, Dean & Chapter, Maſter and Fellows; and in Corporations, Maſters and Wardens of particular Companies; all which were nothing but the general frame of the State-Government contracted as to the matter onelyonly into a narrower compaſs; and this was that that fixt the love of Monarchy ſo faſt in the affections of moſt Corporations, that had it not been that the King had diſpleaſed ſome of the greateſt of them by hard impoſitions upon them in way of their Trade, and withall let looſe his Biſhops to exerciſe their tyranny in trampling upon the faces of their reverenc'd Miniſters, they had never been brought off to draw ſword againſt their Prototype; and after they had done it, its obſervable how prone the great ones among them were often to defection, and how zealous in ſhewing their diſtaſte at the removall of that great Idol; of all which the King was very ſagaciouſly ſenſible in the beginning of theſe wars, when in a propoſal of his to part with the Militia upon ſome proviſoes, yet would by no means conſent to take the Militia's of Corporations out of their own hands: yet were not the Chiefs of thoſe Corporations ſuch perfect images of Monarchy, as p. 22ours, either for power, or durance; thoſe were indeed but ſhadows of it; but ours, in regard of their continuance in truſt during the term of their lives, were its living images, wanting nothing but an eſtabliſhment of it in their poſterity, which yet they bid fair for too, when in that new Elizabeth-Reformation wherein they did in a poſitive inhibition of Fellows from Marriage handſomely imply a leave indulg'd to themſelves.

But it may be ſome will look at this Argument as a great Mallet lifted up to kill a Fly: Our Corporations you will ſay are ſmall, and inconſiderable, a meer Synedrion of young Youths, or handfulls of poor contemplative men ſyſteem'd up for Orders ſake into the form of a Corporation; what good or ill can redound from theſe to the whole Nation?

But I ſhall eaſily make this appear to be a miſpriſion, and that there will be more and greater danger from neglect to remedy this evil in our ſmaller bodies, then from the moſt populous City of the whole Nation.

For our Corporations, though but ſmall in bulk, are like thoſe grains of Muſtard-ſeed our Saviour ſpeaks of, of a vaſt, comprehenſive, and multiplying capacity. The members of thoſe great Corporations are men it's true of abler purſes, and ſtronger bodies for the preſent State-ſervice; but their abilities are confin'd all within the narrow bounds of their own territory; but ours are Seminaries of able wits which are ſent to us from all parts of the Nation, in the very nick of their firſt emerſion from the ſlavery of the Ferula into a ſtate of liberty, at the firſt putting on of their conſidering caps, they being as yet abraſe tabula, ſmooth tables, prepar'd to receive of us thoſe tinctures of good or bad principles; with which impreſſions ſtampt upon them, they afterwards ſpread themſelves into every corner and quarter, to leaven the whole Nation. No man educated among us, but goes away inſtructed for ſome publike truſt but is in capacity, to be an Abraham, a Father of many Nations.

Therefore it concerns you very-deeply, who deſire not by arms only, but by principles, to root up Regality, and mold the Nation into a true Commonwealth-frame, to pull down (by taking away its deſtructive power) this image of it in thoſe Fountains of Youths education, leſt the youth of the Nation coming in their ſouls choiceſt pregnancy to drink of our waters, enamour'd of that idoll, conceive and p. 23bring forth its Antitype, as heir male to their ſtrongeſt affections and endeavors, to be promoted again to its loſt inheritance, when time and opportunity ſhall ſerve.

And for the ſame reaſon does it deeply concern you to take ſpecial care of the Society of Colledges, and not give away Fellowſhips, being you ſee places, though of ſmall profit yet of high truſt to every begger that comes to you with a formal Certificate, much leſs to confer theſe high truſts upon Samaritans and meer ſlaviſh compliers, but eſpecially to tender their precious liberties as the apple of your eye, to which nothing can be more inconſiſtent, then a negative voyce plac'd in any one man; for let any of the Society approve himſelf never ſo active and induſtrious in promoting the Colledge good, and with his utmoſt pains and skill train up his Pupils to the moſt eminent proficiency in piety and learning, yet if he will not flatter, and fawn, crowch and cringe, and comply with this one great Monarch, even to a betraying of the common Freedome to his corrupt ends of pride or covetouſneſs, he lives an unſerviceable man, and all thoſe educated under his charge are put into an impoſſibility of ever attaining that preferment their deſerts ſhall make them capable of. Though the whole community, or far greater part, judge them worthy of it, one mans non placet ſhall blaſt all: and how great a temptation this will be even to ſome not diſ-ingenuous men (being not willing to expoſe thoſe under their truſt to contempt and beggery) to worſhip the Image of that great beaſt, I leave to your wiſdoms to judge; as likewiſe, whether ſuch an impreſſion of ſlavery fixt upon the ſpirits of Fellows of Colledges be not like to impreſs its counterfeit upon thoſe educated under their truſt, and by their means upon the greateſt part of the Nation.

Another motive giuegive me leave to preſent you with, which though omitted in my Petition is of great conſequence, being drawn from the principles of univerſal reaſon, which will ſay that every particular mans intereſt of the Society being every way equal to that of the Maſter, nay in ſome reſpects far greater, (for the Maſter is but one ſingle perſon; but every Fellow having pupils under his charge, is a kind of Corporation by himſelf) 'tis a thing contrary to common ſenſe that his one voyce ſhould be laid in the balance to overſway the major part of the Society.

There was once a cuſtome in ſome Corporations (of which our ſelves have yet in our Colledge ſome ſhadows left) that not the Warden p. 24or Maſter onelyonly but every ſingle man of the Society had a negative voyce, which upon this very ground, as contrary to the common Law of the Land, i.e. to common Reaſon, was taken away by an Act of Parliament, 33. H. 8. onelyonly I conceive in tenderneſs to the Prerogatives of Monarchy, much favour'd throughout the whole body of our Laws, the Statute was ſo pen'd, that the Maior, Maſter or Warden had his Negative left him; but now we have no Monarchy, whoſe priviledges we ought to be tender of, and there's every way the ſame reaſon, nay far more, for deveſting the ſingle Warden of his Negative, then for taking it away from ſo many members conjunctive, as may amount to neer the half of the Society.

One word more I deſire to add as an inforcement of my Petition, that of all Maſters of Colledges in the Town, there's leaſt reaſon the Maſter of our Colledge ſhould claim to himſelf this grand Prerogative of a Negative voyce; for the whole burden of the Colledge-government hath for all theſe ſeven years layed wholly upon the ſhoulders of the Preſident and Fellows.

The Maſter hath held his place now for about ſeven years, yet he hath never once that I know of reſided among us for ſix weeks, nay not one monethmonth, ſeldome above a fortnight together at one time; hath ſeldome or never viſited us, but either when he was neceſſitated to it, either to ſupply his courſe in the Univerſity-Church, or to audit our Accounts, and receive his money: All his ſhort viſits put together for this whole ſeven years, will not mount to one years continuance.

For which prodigious abſence of his from his charge, all he can ſay is onelyonly his being Benefic'd in London, or an Aſſembly-man, or that he hath been employed in Colledge-affairs.

Now for Colledge-affairs, in thoſe we have, it's true, made ſome ſmall uſe of his being at London, but never impow'red him to reſide at London for that purpoſe; nor was there need; for nothing was ever done by him, which a common Solliciter for a ſmall fee would not have performed as well, or better, eſpecially being ſufficiently furniſht with his inſtructions or Letters to Councel at Law, or ſuch great men as were to have addreſſes made to them in caſes of need.

And for his Benefice and Aſſembly-man-ſhip, there's no reaſon either of them ſhould be a protection to ſave him from an Arreſt for that debt of Reſidence he owes the Colledge, from whence he has had ſo conſiderable ſubſiſtence; for one of them being a place (by common p. 25fame) of one, if not two hundred pounds a year, the other of four ſhillings a day, it ſeems not very reaſonable, that one ſo againſt Pluralities, ſhould enjoy the revenue of all three places, and bear the burden but of two. For he hath all this time of his diſcontinuance laid in a manner the whole burden of his Colledge-Office upon the Preſidents back, not allowing him for his pains ſo much as one peny.

Beſides, it may be anſwered that all the other Maſters of Colledges, who yet were many of them Aſſembly-men as well as he, have been far more conſtant continuers at their reſpective charges, and have ſome of them as I think relinquiſh't conſiderable Benefices they were poſſeſt of otherwhere, that they might the more ſolely attend their charges at Cambridge: And I'm ſure ours hath not wanted all the encouragement we could give him to enable him to it, having out of our common poverty conniv'd ever ſince our coming to the Colledge at his taking a double portion of our Dividend though neither allowed him by our Statute nor any conſtant Preſident beyond the ſecond year of Doctor Coſens his time.

Now that this man who is apparently of no uſe to the Colledge, whoſe ſervant he ſhould be by the conſtitution, but reſides at London afar off, making uſe of the Colledge onelyonly as a prey, and his title onelyonly as a hook to draw power and profit to himſelf, knowing little but by hearſay of the ſufficiency or inſufficiency, good or ill behaviour of each member of the Colledge ſhould be thought fit to have a power ſuperior to the Society, who to their great charge reſide upon the place, and bear the whole burden, 'tis a thing beyond the comprehenſion of a vulgar underſtanding.

I have now done with all my motives.

As to the Prayer of the Petition: having ſo amply expreſs'd my mind in it. I need not add much by way of Expoſition or Apology.

OnelyOnly this: 'Tis not, as ſome may perhaps ſuggeſt, a fancie or new Model of my own brain, but 'tis a Model approv'd of in a parallel caſe by the reaſon of the whole Nations Repreſentative. It concerns every member of this honourable Aſſembly more then my ſelf to make it good; for 'tis nothing elſe from point to point, but a Series of ſuch particulars as the wiſdom of the whole Parliament judg'd neceſſary for the circumſtantiating that freedom which the City of London were debarr'd of thorough the like want of proviſion in their Law: change bu… the name of London for Peter-houſe, ten of their numerous p. 26Common-Councel for two of our ſeaven Seniors, and their [at any time] for our within 48 hours, and this draught will prove wholly the ſame with that Act of Parliament.

Nor could leſs have been well deſired for taking away that hurtful Prerogative I diſpute againſt, which is not the bare name of a negative voice, but the ſubſtance, viz. that ſupremacy of power, which our chief Officer claims above the whole or major part of the Community, which is of a Complex nature, and conſiſts of theſe three powers, viz.

Of calling of meetings.

2. Of propoſing of queſtions.

3. Of acting the reſults of thoſe meetings.

Any one of which three powers remaining in the chief Officer, makes him as abſolute as if inveſted with all three; and therefore the Parliament ſaw well in the City of Londons caſe, that for the removal of that great evil, an eſtabliſhment of all theſe particulars was of abſolute neceſſity.

For to return to our former parallel, grant but to our once-chief Officer of State the ſole power of calling Parliaments, and binding them up to thoſe queſtions onelyonly which he ſhall think fit to propoſe, hee'l not much deſire or ſtand in need of a negative voice, ſeeing he is able by either of thoſe two former powers, to cruſh in the egg any motion which he ſuſpects may in the leaſt infringe his prerogative, or other corruptions.

So in our leſſer Commonwealth, though you ſhould grant or declare in general terms that the Maſter ſhall have no negative voice, and leave him but this power (for want of proviſion to the contrary) that by delay of meetings when moſt neceſſary, or by making himſelf judge of that neceſſity, or in thoſe meetings by refuſing ſuch queſtions as he likes not, he can keep us from ever coming to a voicing, or if after voicing he may refuſe or delay to act our determinations, and yet neither he liable to a ſufficient penalty for any of thoſe refuſals, nor we through the defect in our Statute inabled to meet, debate, or act any thing without him, he is an abſolute Monarch, and has a moſt firm poſſeſſion of a negative in reality, however denyed him in words. And for this reaſon it was that I have been ſo bold in the prayer of my petitions to be ſo punctually particular.

Now if any man object that theſe things granted would be a cauſe of much tumult, and factious diſorders in our Colledge: I anſwer; The experience of the ſame in the City of London ſhows the quite contrary, where 'tis apparent nothing but the ſweeteſt ſtreams of unity, freedom and peace have iſſued out of this fountain: p. 27For it lies onelyonly as a dormant proviſo, like the major excommunicatio of the Presbytery, in terrorem, never like to be put into Act, except in caſes of unheard-of obſtinancie. Whereas on the contrary the want of this proviſion has been the original of all our diviſions: nothing being the more natural fountain of contention amongſt men or bodies politick, then the want of certain bounds aſſign'd to each man or bodies proprietie; which made the wiſe Law-giver Moſes to denounce ſuch a fearful curſe upon the remover of Land-marks, and religious Numa to place Terminus the God of boundaries among his principal deities, and to erect him him a Temple, as I remember, next adjoyning to that of Concord.

As for the laſt clauſe, which concerns Maſters and Preſidents abſence, 'tis not onelyonly almoſt the ſame with that in the Act for London, but was moreover a proviſo fitted more eſpecially to the preſent conſtitution of our Colledge, which hath oft: ſtood in great need of it, as I could inſtance in caſes of Conſiderable conſequence.

And beſides that the making of ſome ſuch proviſion is a thing moſt agreeable to our founders will, who ſays expreſly that the Colledge ſhould not defenſore, & rectore carere, the thing I aym'd at in this propoſal was the Preſidents eaſe and the Colledges convenience: for as I told you before, the Maſter being almoſt a conſtant non-reſident, and having power by Statute to make Preſident whom he pleaſes (which preſident is charg'd with the whole burden of his office) it will oft happen that this Preſident muſt either neceſſarily infer much prejudice in ſome affairs of his own requiring his preſence otherwhere, or the Colledge ſuffer much detriment for want of power to act as a living body in caſes of emergent need. For that our Colledge-debates ſhould be packeted up to London to a man ſitting there in his regalia, and looking at us afar oft, or that the life of our aſſemblies ſhould be derived from the ſpirit ſent from London in a cloth-bag, is a thing diſagreeable to common equity, and a flat contradiction to our Founders declared will.

All I have to ſay further, is, that in this draught of my Petition, however diſpleaſing to our Reverend Maſter, I have had no ayms at his prejudice further then was of abſolute neceſſity to ſtate our freedoms and vindicate them from his unjuſt uſurpations. If I have herein prejudic'd any, 'tis rather the Society, by allowing the Maſter ſo much as an affirmative voice, which ſome of us are of opinion that by our Statutes, if well underſtood, he cannot lay claim to. But being deſirous in this matter to walk in an indifferent way, giving each p. 2their reaſonable due, and to follow cloſe not mine own, but rather the publike wiſdom of the Parliament for my pattern; I doubt not of finding from them an eaſie pardon of my error.

I have now done with the Petition.

There was one motive for its enforcement refer'd to the laſt place, which was by ſhewing how the Maſter of our Colledge for want of theſe proviſions here petition'd for, had debar'd us of our manifeſt rights of treating in a Colledge-way about ſome affairs neerly concerning the common good, and of having our Reſolves put into due execution: And how both particular members, and the whole Colledge had ſuffer'd much prejudice by thoſe his uſurpations, which becauſe I thought, he might poſſibly deny, 'twas for this cauſe chiefly, that I troubled theſe Gentlemen of our Society to make their appearance before you. Theſe being they, who (except our Preſident, and one of our Deans left at home for the neceſſary affairs of our Colledge) make up the whole number of thoſe now reſident, who having been preſent at all our former and later tranſactions, are beſt able to bear witneſs to thoſe particulars I ſhall inſtance in.

Yet becauſe I have I think already both overwearied your patience, and laid before you reaſons enough of far greater conſequence for the enforcement of my Petition, my deſire is that there may rather be a perpetual Amneſty of all our forepaſt grievances, and that our liberties may be ſo ſetled for the future, as each part knowing their due bounds, a true Chriſtian amity may be preſerv'd among us, and this honourable Committee freed from further trouble. And therefore except this honourable Aſſembly, or our reverend Maſter for the Vindication of his own repute, ſhall impoſe that task upon me, I ſhall wave this Argument, and leave it to your wiſdom to judge what has been already ſpoken.

OnelyOnly to his Argument for the negative voice in ſuch particular caſes wherein he is appointed to conſult with the Deans onelyonly, I can onelyonly ſay, that 'twas not the prime Statute, but an interpretation of Statute made many years after by a ſingle Biſhop of Ely, which endowed the Maſter with this Prerogative. And it being beſides againſt the principles of Common freedom that an Officer conſtituted for term of life ſhould have this vaſt pre-eminence of two of the greateſt Colledge-Officers annually Elected to their truſts I ſhall in this following Petition which I here preſent you with as an appendix to my former, crave the aſſiſtance of your authority for the ſolution of this knot.

To the Honourable the Committee for the Reformation of the UNIVERSITIES. The humble Petition of Charles Hotham Fellow of Peter-Houſe,

Sheweth,

THat whereas by our Colledge-Statutes there are about twenty particular caſes in which the judgement belongs not to the whole Society, but either to the Maſter and 5 or 6. Seniors, or to the Maſter and Deans alone, and that in all caſes wherein the Maſter and Deans are ſolely truſted, being many of them caſes of great concernment, the Maſter had by an interpretation made by a Biſhop, of Ely betwixt one and two hundred years after the foundation, a Negative voice confer'd upon him, which however agreeable to the policy of thoſe times, is contrary to the principles and grounds of our preſent Reformation, and eſtabliſhment of this Nation in form of a Commonwealth, and much prejudicial to the good and welfare of the whole Colledge

Your Petitioner doth further pray that the Negative voice of one man in all our Aſſemblies may be taken away root and branch, and that in all Elections and conſultations whatſoever of the Maſter with the Fellows, Seniors, Deans, Rurſars, or any other, the determination of the major part of thoſe who have voices in that Election or conſultation, may be acquieſced in, as the Act of that Aſſembly.

And your Petitioner, with the whole Colledge, ſhall ever pray, &c.

p. 3This laſt clauſe and Petition concerning the Maſter and Deans were, though here inſerted, yet forgotten to be delivered to the Committee.

My Argument ended, the Maſter made a long reply, the punctual repetition of which I muſt leave to his own memory and pen. It touch'd nothing upon any material point of my Argument, But was rather a deſcant upon my Petition, with ſome recriminations conſiſting to my beſt remembrance of theſe heads.

That he had aſſum'd no power that was not his own by Statute: as was the calling of meetings, &c.

p. 30That he had never ſhown any averſneſs from meetings, nor ever diſſolv'd any, but when the time itſelf diſſolved them.

That 'its true he had propounded queſtions according to his own ſence, but offer'd to others the ſame liberty of propounding queſtions in theirs.

That we muſt diſtinguiſh between the Major part of the whole Society, and the Major part of thoſe preſent, which ſometimes being but few in number, were not fit to make Acts obligatory to the whole Colledge.

That the Fellows were the onelyonly men averſe from Meetings, whom he could not eaſily get together, but when there was ſome Leaſe to be let, &c.

That the party Complainant was himſelf, though Deane, abſent from the laſt anniverſary meeting appointed for reading the Statutes.

That in the clauſe inſerted in his Petition concerning the Senior Fellow's being Preſident, he aym'd at his own promotion, being the next Senior himſelf, and ſo deſirous of this power that in his or the Preſidents abſence he might aſſemble the Fellows about the making of new Models of Government.

This was to my beſt memory the ſum of his reply. To which it might eaſily have been anſwered.

That this ſuggeſtion of my ſeeking the Preſidentſhip for my ſelf, was a moſt groundleſs ſcandal, It never having hapned all this ſeaven years above twice that I know of, that my ſelf was the Senior Fellow reſident, which laſted but for a few days neither.

Beſides, the Office being a vaſt burthen, and nothing in it deſirable to ſuch eye of ambition or covetouſneſs as he (meaſuring others by himſelf) ſuppos'd in me, nor my ſelf in any probability of intermedling with that Office, being (contrary to his allegation) neither the firſt nor ſecond Senior of the Colledge, both which, with the Maſter, muſt be all three abſent, before I could be in capacity to act, and that for ſome longer time then ever yet had been, elſe no danger of attempting, much leſs of perfecting any new Model, eſpecially there being but two times a year, wherein the Colledge is enabled to make new, or interpret old Statutes.

For my abſence. That 'twas not about any private pleaſure or buſineſs of mine own, but was ſolely to ſeek a removal, and hinder the further progreſs of thoſe evils brought upon the Colledge by his fraud and breach of truſt, and thoſe large opportunities he has had of acting thoſe treacheries by his own conſtant reſidence at London, and his Proctor with the reverend Beard ſtanding always at the Committees elbows, and being admitted (when all others are with drawn) to their private debates, and to ſpeak in ſome caſes when thoſe moſt concern'd cannot come in to anſwer, in which though by reaſon of thoſe vaſt diſadvantages I have been unſucceſsful, yet I eſteem'd both my expence of time and pains, and the double my Colledge-revenue well imployed in the endeavour.

p. 31That his diſtinction of the major part of the whole Society, and thoſe preſent, was a piece of empty Sophiſtry, himſelf well knowing, there was never yet ſince our firſt coming to the Colledge (which is now almoſt ſeven years) a full meeting of the whole number of Maſter and Fellows together, nor can there well be, by reaſon of ſickneſs, buſineſs, or travel allow'd of by Statute, perpetually occaſioning ſome two or three mens abſence; ſo that if he may be allowed this ſalvo for his Negative, he will never want one who ſhall be abſent for his ſake.

Beſides, he always eſteem'd the major part of thoſe preſent, though not the whole, valid Society enough to bind the Colledge where himſelf was preſent and conſenting; an evident ſign, 'tis his own onelyonly conſent, not the number of thoſe abſent or preſent he chiefly values.

That his accuſation of the Fellows as ſlack in coming to meetings, except in caſes of Leaſes, &c. was a groundleſs ſcandal, of which fault himſelf was onelyonly guilty, having at thoſe great ſemeſtrian meetings appointed for reading, and conſidering Statutes, been but twice, or at moſt, thrice preſent, during all the time of his Maſterſhip, and particularly in the laſt great meeting, to which he ſummon'd all the Fellows, he ſtaid not the reading out of one third part of the Statutes; nor indeed could ever be got from London to any Colledge-meeting, but when his quarterly courſe in preaching, or auditing the Accounts (being alwayes ſuſpicious of the denial of his double Dividend at thoſe times) enforc'd his preſence.

That he hath been ſometimes, when there was great cauſe of meeting, neer a fourtnight together, not calling any meeting till juſt a day or two at moſt before his departure, whereby himſelf was eas'd, and the Preſident wholly charg'd with the cares of ſuch buſineſſes as ſhould have been then diſpatcht by himſelf.

That in meeting it has been obſervably his cuſtome when he had a mind to diſpatch a buſineſs indeed, to ſit him down, and call us formally to the table, and to cut out his work for the debate with all dexterity and expedition.

But when a buſineſs was to come on which he lik'd not, then to let us alone by the fire, or to leave his Chair, and us, to diſpute at random, otherwhile to ſpin out the time with us in diſcourſes of leſſer affaires; or if preſt to come home to the main buſineſs, then to fall a ſhuffling, and cutting, and winding us from the point by ſome nonſignificant, or dividing queſtions, of which Artifices he hath oft ſhown himſelf a well-skill'd Architect.

p. 32And for propounding of queſtions, his duty is, after the laying open before us the buſineſſes he hath to acquaint us with, not to lean upon his own prudence in propoſing to us like School-boyes ſuch queſtions as himſelf only ſhall think fit, but to be in that main point of the ſcrutiny rul'd by the advice of the whole or major part of the Society.

And therefore what be acknowledges, viz. that he did take upon him in the firſt place to propound queſtions of his own ſence, was a great uſurpation; but that he gave others the like liberty, is an Apologie nothing to the purpoſe; for our Statute appropriating it to the Maſters Office, to ask the Fellows advice, if any other do it but he, it renders the whole vote of the Society a meer nullity: Now it's true, the Maſter once at a meeting, when one excepted againſt ſome litigious queſtions of his propounding againſt the ſence of the Society, promiſed he would afterwards propound thoſe queſtions he had nam'd, in terminis, but when it came to the point, told the party, he might now propound thoſe queſtions himſelf, if he pleaſed, (which he knew well had been been a thing illegal and void) but refus'd utterly in purſuance of his promiſe and duty to propound them himſelf.

Theſe things I know will to a ſuperficial view ſeem but inconſiderable brangles; but to men of piercing judgements, and well vers'd in Parliamentary debates, that ſee daily what a King the Speaker would be, if ſolely intruſted with this Prerogative above the Parliament; and how great a weight of buſineſs is oft turn'd upon the binge of one ſmall punctillo, in the ſtating of a queſtion; theſe things cannot but appear of high concernment.

Yet I had very many materials of a much higher nature to charge him with, which being provok'd by his challenge, I was then as I told the Committee, ready to produce, having for witneſſes moſt of the ſenior Fellows then preſent before them to make them good. But as I was juſt entring upon that task, a worthy member of the Committee propounded it as a queſtion to be firſt debated by themſelves, whether they ſhould ſingle out the point of Statute to be determined, as they ſhould ſee juſt upon weighing the Arguments of both parties laid before them in theory, or take in with it the conſideration of the practick, conſiſting of perſonal charge. Another Gentleman ſeconding him, propounded likewiſe as fit to be conſidered, whether they would admit of recriminations, which are like to be endleſs (each party ſtill deeming himſelf oblig'd to reply and anſwer at large to p. 33each others, though non-pertinent objections) or rather as the firſt Gentleman propounded, would fall ſingly upon the point of Theory. This motion the whole Aſſembly ſeem'd to aſſent to; ſo according to the cuſtome of the Committee we were commanded to withdraw, and the doors ſhut. The product of the private debate was this.

April 10. 1651. At the Committee for Reformation of the Ʋniverſities.

Reſolved,

That a view be taken of the ſeveral Statutes of the Univerſities, and the Colledges and Halls therein reſpectively, to the end that they may be reduced to ſuch a State as may render them moſt conducing to the advancement of true piety, and the intereſt of a Commonwealth.

Reſolved,

That Mr. Rous, Mr. Martin, Mr. Moyle, Sir Hen. Mildmay, Mr. Oldſworth, Mr: Thomas Chaloner, Mr. James Chaloner, Mr. Palmer, Mr. R. Darley, Mr. Love, Mr. Nevill, be a Sub-Committee for this purpoſe, and that any three or more of them do meet and conſider thereof, and make Report to this Committee from time to time concerning the ſame, as there ſhall be cauſe: and the care of this buſineſs is eſpecially referred to Mr. Oldſworth.

In purſuance of which reſolve, ſome of thoſe Gentlemen Members of this Sub-Committee have ſince met, and paſt this following Order.

April 25. 1651. At the Sub-Committee for viewing the Statutes of the Ʋniverſities.

THe Parliament having reſolved a thorow Reformation of the Univerſities, and the Committee appointed for that purpoſe in Order thereunto having taken the ſame into conſideration, do hereby deſire and require the reſpective Heads of Colledges, and thoſe Fellows that are intereſted in the Government thereof for the time being, to ſend up to this Committee true tranſcripts of the Statutes of the ſaid Colledges, examined and atteſted under their hands reſpectively; and they do ſpecially recommend it to the care of the ſaid Heads, Governours, and Officers, to conſider what Statutes or any parties thereof are prejudicial to Religion, Learning, good Manners, or the preſent Government; and further, whether there be any defects in the ſame, and to propoſe their opinions concerning the ſupplying of the ſaid defects; and that they give an account of the receipt hereof forthwith, and of their further proceedings concerning the ſame with all convenient ſpeed.

James Chaloner,

F. Rous,

M. Oldſworth.