The Petition and Argument of Mr Hotham, Part 2
The form of our returne to the Committee containing the whole proceedings of our election, was as followes: To the honourable Committee for Reformation of the Ʋniverſities.
VVHereas there hath been ſent to the Colledge an order from this honourable Commitee dated March 27. 1651. requiring the Maſter or Preſident and Fellowes of Peterhouſe in Cambridge forthwith to proceed to election of a godly and learned perſon into the place of Mr. Hanſcomb, and to give this honourable Committee an account thereof on this day, theſe are humbly to certifie, that in obedience to the ſaid order, Tobias Conyers Bachelor of Arts, & Scholar of the houſe of our Colledge, being one generally wel approved of amongſt us for his piety, learning and good affection to the Common-wealth, was in a full meeting of the Preſident and Fellowes elected and admitted into the ſaid Fellowſhip, according to the ſtatute and cuſtome of our Colledge, April 5. 1651. as by theſe following copies of the order, and our proceedings thereupon will more fully appear.
March the 27. 1651. At the Committee for Reformation of the Ʋniverſities.
UPon reading the Petition of Mr Tobias Conyers Bachelor of Arts and Scholar of Peterhouſe in the Univerſity of Cambridg, together with the Teſtimonialls of him hereunto annex'd, and likewiſe the return of the Maſter, and one of the Fellows of the ſaid Colledge, concerning the vacancy of Mr. Hanſcombs Fellowſhip, and upon hearing Doctor Seaman and Mr. Hotham before this Committee, It is ordered upon debate of the matter, that the Maſter or Preſident and Fellowes of the ſaid Colledge do forthwith proceed to election of a godly and learned perſon into the place of the ſaid Mr. Hanſcomb, and that they give an account hereof to this Committee on this day fortnight.
James Chaloner.
March 29. 1651.
Agreed by the Preſident and Fellowes then preſent, that in obedience to the order from the Committee for Reformation of the Univerſities dated March 27. 1651, this day be the firſt day of monition according to the ſtatute about election.
According to which agreement the firſt monition for an election was publiſh'd the day and year above written by me Robert Quarles Preſident.
Robert Quarles Preſident.
James Clarke Dec. ſen. dep.
Edward Sam's Dec. jun.
April. 3. 1651.
Agreed by the Preſident and Fellowes then preſent, unanimouſly, that foraſmuch as they are all well ſatisfied concerning the learning and ſufficiency of Sir Conyers, there is no need of publick examination of him in reference to the election, and that therefore it be at this time omitted; yet with this proviſo, that if notice be given to the Preſident of any that will ſtand in competition with him, there ſhall be a publick examination of all the candidates upon Friday and Saturday, according to a former order of the Socety, dated July 15. 1646. that ſo the moſt worthy perſons may be elected.
Robert Quarles Preſident.
James Clarke Dec. ſen.
Charles Mildmay Dec. jun.
April 5. 1651.
The ſecond monition in reference to an election into the place of Mr. Hanſcomb, was publiſh'd in full meeting according to the ſtatute and cuſtome of our Coledge by me
Robert Quarles Preſident. Preſentibus Sociis
John Francius.
Charles Hotham
James Clarke
Francis Brock
Edward Sam's
Charles Mildmay
James Goodall
Thomas Church
Ralph Heywood
William Sam's.
The election preſently followed according to the ſchedule hereunto annexed pagina ſequenti.
This is a true extract out of the Colledg Diary, which with the following Schedule is a full account of our whole proceedings concerning the aforeſaid election. Ita teſtamur
Ro. Quarles Preſ.
Ja. Clarke ſen. Dec.
Ch. Mildmay Dec. jun.
Aprilis 5, Anno Dom. 1651. Conventus Praeſidis & Sociorum Collegii Sti Petri Cantabr. pro Electione novi Socii in locum Magiſtri Hanſcomb nunc vacantem, octiduo poſt primam monitionem interpoſito.
EGo Johannes Francius eligo Tobiam Conyers Eboracenſem, in Artibus Baccalaureum, in locum Magiſtri Hanſcomb ſupradictum; ſed in annum probationis tantùm.
Ego Carolus Hotham eligo Tobiam Conyers Eboracenſem in Artibus Baccalaureum, in locum ſupradictum; id que in annum probationis tantùm.
Ego Jacobus Clarke eligo Tobiam Conyers Eboracenſem in Artibus Baccalaureum, in locum ſupradictum; id que in annum probationis tantùm.
Ego Franciſcus Brock eligo Tobiam Conyers Eboracenſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Edwardus Sam's eligo Tobiam Conyers Eboracenſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Carolus Mildmay eligo Tobiam Conyers Eboracenſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Jacobus Goodall eligo Johannem Quarles Norfolcienſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Thomas Church eligo Gulielmum Stavely Leiceſtrienſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Radulphus Heywood eligo Gulielmum Stavely Leicestrienſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Gulielmus Sam's eligo Tobiam Conyers Eboracenſem in Artibus Baccalaureum in locum ſupradictum; id que in annum probationis tantùm.
Ego Robertus Quarles Praeſes hujus Collegii, eligo, & electum à majori parte Sociorum pronuncio Tobiam Conyers Eboracenſem in Artibus Baccalaureum in locum Matthaei Hanſcomb ſupradictum, in annum probationis tantùm.
Formula admiſſionis eodem die poſt lectionem ſtatutorum & juramenti praeſtationem.
Authoritate mihi commiſſâ, Ego Robertus Quarles Praeſes hujus Collegii, Admitto te Tobiam Conyers in Socium hujus Collegii, ex antiqua fundatione, ad annum probationis & convictum.
Robert Quarles Praeſes Collegii.
Vera Copia, & concordat cum Originali.
Ita teſtamur,
Robertus Quarles Praeſes.
Ja. Clarke ſen. Dec.
Cha. Mildmay Dec. jun.
But the Maſter, who would neither according to his duty come down to be preſent at the Election, nor ſo far own the Colledg, whoſe Rights he is by the fundamentall Statute to be a Patron of, as to acquaint us with any exceptions he had againſt the perſon in view: (onelyonly as we hear, he ſent ſome private Letters to the Preſident (without any communication to the Society, that Sir Conyers might not be elected; together with ſome other private inſtructions to a creature or two of his own) like an enemy, rather then Maſter of the Colledg, comes to accuſe the perſon elected, bringing with him one of his own creatures, who being preſent at the Election, would not before the Society produce any exception againſt Sir Conyers, but it ſeems, according to the Maſters inſtructions, reſerved them to be produc'd as a ſcandall to the Colledg (who were the Electors) before the Committee.
The Maſters exceptions were much to the ſame effect with thoſe before mentioned.
Firſt, that he had been a malignant, and had drunk the Kings health upon his knees, and for theſe miſdemeanors had been publickly corrected, and was ſent away into the Country by his Tutor as incorrigible.
2. That he had been guilty of hereſie and blaſphemy, and upon that Accompt was refuſed at St. Johns Colledg, where he once ſtood for a Fellowſhip.
In anſwer to which, I being his Tutor, made before the Committee this ſummary relation of his life.
That he being recomended to me by his father, a godly Miniſter in York-ſhire, and one who had ſuffered much for the Parliament, I took him at his firſt admiſſion into the Colledge about the age of ſixteen years to be my poor ſcholer, in which ſervice he demeaning himſelf with all faithfulneſs and diligence, and ſhewing himſelfe in the quicke apprehenſion of what ever was laid before him, one of extraordinary parts and induſtry, that his further proficiency might not be hindred by thoſe neceſſary diverſions of ſervice, I deſired to promote him to the degree of a Penſioner; in which way he being not able to maintain himſelf without ſome concurrent helps, I was a ſuter to the Maſter to confer upon him the Chappel Clerks place then vacant. The Maſter, as I was told by a third perſon, who made the motion to him, was willing to it, if I would have truck'd with him; i. e. if I would have received one of his recommendation to be my poor Scholer in his place; but I being otherwiſe engaged, could not do it, and ſo could not obtain the Maſters conſent; yet was diſmiſs'd with this intimation of hopes, That there would be ere long more vacancies of theſe places, which fell out accordingly; but he whom I had ſpoke for was never the neerer; for ſtill one or other was promoted before him. Which obſerving, I took my opportunity, upon a vacancy that hapned, to repreſent the caſe to the Preſident & Deans, who convinc'd of the poor lads deſervings, elected him without the Maſters concurrence. This the Maſter reſented ſo deeply, as at his return he did (as I have been certainly informed) call the Preſident (a man of more ſtanding and worth then himſelfe) by ſuch a foul name, as I am aſhamed to mention. And in paſſion would, had not I withſtood him, under pretence of tranſlation, have thruſt this poor youth out of his place of eight or nine pounds a year, into a poor place of three or four pounds a year; and has ever ſince that time born him an implacable malice.
The poor youth being ſomething elated with this ſudden promotion, began a little to lay himſelf open to temptation, and as was before related, through the ſeducement of a malignant, whom he fell acquainted with, was ſomthing infected, and by chance a Rakell of Pembroke-Hall coming into our Butteries, and beginning the Kings health, 'twas his unhappineſs (as of ſome other ſimple lads there preſent, who were no malignants) to pledg it, yet not upon his knees, as was alledged: hearing of this, I ſent for him, and finding the original of this diſtemper to proceed from a chamber-fellow with whom without my privity he had aſſociated himſelf, I commanded him back to his former chamber, but he refuſing, that the example of his miſdemeanor and diſobedience might not further infect the Colledg by his impunity, I corrected him publickly before two or three of the ſcholers in my chamber; and becauſe I conceived a fathers admonitions might be moſt powerfull with him, I ſent him down to the Country with letters to his father, informing him how the caſe ſtood, that if a reall reformation ſhould appear in him, he ſhould be welcome to me again; if not, that he muſt diſpoſe of him ſome other where, for I would own none ſuch as he was in that preſent condition: ſo after ſome reaſonable ſtay in the Country, his father returned him up to me again, as a reformed man, of which he gave good evidence by a whole years pious & religious converſation. And beſides, better to ſatisfie my ſelf, I enquired concerning him of ſome honeſt and religious lads, whom I durſt truſt, who profeſſed to me, that he had divers times in their hearing teſtified his great ſorrow for his former miſcarriages; and that to them he then appeared, aſ much as could be, of a truly pious diſpoſition. Hereupon the youth having taken his degree of Bachelor of Arts, I began to look out for ſome preferment for him, and knowing the Maſters malice to him was ſuch as 'twas impoſſible without higher conteſts then I was willing to engage in, to prefer him in our own Colledg, and hearing of a way open in St. Johns Colledg, I made a ſute to ſome of that Colledg in his behalf, acquainting them fully with the worſt of this which the Maſter now objects, and received from them good encouragement.
But the day before their ſitting I received a note from one of the Fellowes there, of a report they had heard of ſome Arminian tenent which he had maintained in the Schools, whereupon I ſent for Sr. Conyers, and charg'd him with it; chid him for that he had, contrary to my counſells, troubled his head in his unriper years with the ſtudy of the contentious part of Divinity, yet withall charg'd him with all ſeverity that whatſoever opinion though never ſo heterodox, he was poſſeſſed of in his judgment, he ſhould not deny it for any wordly preferment; but if thoſe things which he was ſaid to have diſputed for in the ſchools were not his judgment, he ſhould then expoſe himſelf to examination to clear himſelf of thoſe aſperſions: his anſwer to me was, that he had not maintain'd any thing that way as his judgment, and that he doubted not of giving ſatisfaction in any reaſonable way that could be expected: Whereupon I writ to St. Johns Colledg, that I wondred any thing uttered by way of diſpute in thoſe tumultuary velitations, ſhould be eſteemed an argument of a mans judgement, and that Sir Conyers was ready to give ſatisfaction to ought could be alledged againſt him: But I was anſwered, that the time of election being now come, the ſuſpicion that was conceived of him could not be removed in ſuch an inſtant, and that therefore it was better to forbear ſitting, which counſel of his was accordingly followed.
So the poor young man deſtitute of maintinance, was not able to continue longer in the Colledg, but retired to a poor employment into Norfolke, where he has liv'd neer the ſpace of a whole yeare; during which time, what his behaviour hath been, and what opinion the religious and well affected of that place have of him, this teſtimony of men well known to ſome members of this Committee, which I deſire may be rehearſed before you, will make it appear.
Norff.
Theſe are to certifie all whom it may concern, that Mr Tobias Conyers now reſident in Hapton, hath, during his abode here, been blameleſs in his life and converſation, uſefull in teaching of children, and painfull and induſtrious in his calling and ſtudies: And that from time to time he hath ſhewed good affections to the preſent Government, and ſetlement of the Common wealth; and hath been deſirous after the beſt things, and expreſſed much longing after communion with God in holy duties, and ordinances; and hath laboured to promote the cauſe of God to the utmoſt of his power, as he hath had opportunity; declaring much love to the truth, preferring the ſociety of the godly, and turning from ſuch as are otherwiſe minded: All which things, we whoſe names are underwritten do very freely and heartily teſtifie this 11th of February 1650.
John Reymes.
Edward Waile Paſtor of the Church at Hapton.
Nathaneel Brewſter Miniſter of Neatſhead
Michael Whitefoot.
So you ſee the man was no original malignant, nor was he ever any drunkard, or otherwiſe ſcandalous perſon, but only for a ſhort time ſeduced, and quickly cured of his diſtemper: as for a ſcandall which 'twas his unhappineſs to fall into, he received then condigne puniſhment, & therefore ought not to be puniſhed again for the ſame, eſpecially his life both before and after being exemplarily vertuous; and beſides, having voluntarily upon the firſt coming out of the Act of Parliament for that purpoſe ſubſcribed the engagement, which in other caſes has been adjudged alone ſufficient to qualifie a man for keeping his old, or acquiring new preferment.
As for Blaſphemy, 'tis by the Maſter only alledged, not proved; nor do I belleve he was ever guilty of it in the leaſt. But with Epiſcopall ſpirits every petty difference in opinion is a capitall crime: and not to ſay Amen (though without underſtanding) to each article of their voluminous Creed, is blaſphemy againſt the Holy Ghoſt. They not conſidering, that the paſſage of religious ſpirits is, as through many tribulations into the Kingdom of God, ſo through many errours into the true knowledg of God.
Beſides, it might have been conſidered, that his election was only as Probationer, during which time, being a whole year, he was to ſtand upon his good behaviour, and if in all that time he gave juſt cauſe of offence, was by our ſtatute to be denied admittance into perpetuity of his poſſeſſion. And therefore the danger of him, if there were any, was not conſiderable. But that we have one in our Colledg put in by this Committee, who ſince the date of this miſdemeanor was ſo malignant, as publickly, in the face of al the Colledg aſſembled together, to paralell the Parliament for their proceedings with the King, &c. with the Powder treaſon of the Jeſuits and Papiſts, contrived and carried on under pretence of Religion. Now this man being made Fellow by this Committee, we did not in regard he was otherwiſe a man of good deſert, oppoſe our ſelves againſt his admittance, onelyonly in regard of his late diſaffection, petitioned this Commitee, that he might according to our ſtatute ſtand upon his good behaviour for one year before a finall ſettlement in his place: But in this caſe, the Maſter neither regarding the obligation upon him by our ſtatute, nor by his engagement to be true and faithfull to the Common wealth of England, would either petition himſelfe, nor joyn with us in that petition: whence 'tis apparant, that the great object of his diſtaſte here was not the malignancy, but only the perſon, now clear enough from that diſeaſe.
Laſtly, though I will not take upon me to enquire into the hidden myſteries of a ſuperior power, yet this I ſhall ſay, that that power which can eject a man out of his legall poſſeſſion for a miſdemeanor of a date of neere two years old, committed and puniſhed in the dayes of his minority, long before his entrance into that poſſeſſion, muſt ſure be very tranſcendent, and above that of any, either common Law or Chancery, that I have heard of.
The Committee having heard what they thought fit on both ſides, we were commanded according to cuſtome to withdraw, and the doores to be ſhut.
What was ſaid pro, or con at the private debate, the man with the great beard only knows. But the reſult was as followeth.
Aprill. 10. 1651. At the Committee for Reformation of the Ʋniverſities.
FOraſmuch as it appears to this Committee, that Tobias Conyers elected by the Fellowes of Peterhouſe into the Fellowſhip of Maſter Hanſcomb, hath been guilty of ſcandall, and malignancy, therefore this Committee adjudg him unfit for this Fellowſhip.
Reſolved,
That this Committee will chuſe a Fellow into the place of Mr. Conyers this day fortnight.
One who was the Maſters Sizar, and who, for ought that yet appears, never ſubſcribed the engagement, is now put into this Fellowſhip.
Theſe things I have been inforc'd to publiſh for vindication of the Colledges repute from thoſe ſcandals endeavuor'd to be throwne upon it by our unworthy Maſter; in which (being little more then a bare hiſtoricall narrative of the proceedings) I doe not in the leaſt take upon me to judg of the honourable Committees ſeverity in this their cenſure upon Sir Conyers, only to make it appear, that the Preſident and Fellowes in their choice of him did nothing but what was agreeable to their truſt, both as members of the Colledge and Common-wealth.
A Letter from our Preſident to one of the Society in London, upon occaſion of the Maſters man being made Fellow of our Colledge.
Sir,
I Marvel Maſter Becher neglected his place in this faſhion, he did. For my part, I deſired him much to the contrary. Sir Church is admitted into it; after ſeven dayes (prefixed by the Fellowes) were expired. Sr. Heywood the under buttler did bring yeſterday morning an other order for Mr. Majors place; which we do much wonder at, ſeeing Dr. Seaman at his laſt being at Cambridg, did both give ſeverall ſtatutable reaſons why this place ought to be kept voyd: as alſo did promiſe to do his beſt endeavours that it might be alſo. Being then, that D. Seaman and the major part of our Society are now at London, I thought good to make a ſtop of Sr Heywoods admiſſion for ſeven days, till we hear what your mind is. I do not know where Mr. Hotham, Mr. Clarke, and Mr. Brock have their lodgings at London, otherwiſe I had written to them alſo. I have acquainted Dr. Seaman to the ſelfeſame purpoſe yeſterday, being Tueſday, and the 24. of December, at the receipt of that Order. I ſent my letter unto him with one Green a Cambridg letter Carrier, and delivered the letter my ſelf unto him, upon Tueſday laſt before he went. I pray preſent my beſt reſpects to your brother Doctor, and our Society now at London. With the wiſhes of a happy new year I reſt; deſiring to here of you this week.
Sr. I am yours, &c. I. H. Cambridg, in haſte, January 25. 1650.
A Letter from one of our Society upon the ſame occaſion, to another of our Fellowes then in London.
Sir,
SInce your departure, there is another Mandamus come to ſupply Mr. Majors Fellowſhip, Sr. Heywood hath got it and expects his admiſſion daily; but Dr. Francius hath ſent to the Maſter to know his reſolution, as alſo the minds of the Fellows which are in London, determining to defer his admiſſion til he hath received your anſwers, or be aſcertain'd whether you will vindicate the Colledg from ſuch a manifeſt violation, and intruſion, or not. Sr, there are a conſiderable part of our Society now in London, it much concerns you to act your utmoſt, to deliver your ſelf and the Colledg from ſo great a detriment: You may preſs the Maſter with thoſe proteſtations which he made the laſt time he was with us, whether they are not incompatible with Sr. Heywoods Mandate, or whether his vow which openly he expreſt, to keep void that Fellowſhip, be conſonant with the obtaining an inſtrument to put in his own man. Sr, you know the manner of his proceedings better then I can inform you, only I thought it neceſſary to give you notice of it, leſt the ſeven days ſhould be expired before you were acquainted with it. I have nothing elſe but my ſervice to preſent unto yourſelf, Mr. Hotham, and all the Society with you, and to ſubſcribe my ſelf.
Yours, &c. C. M. Decemb. …1.—50.
FINIS.
End of the text · Charles Hotham, The Petition and Argument of Mr Hotham (1651)