A True State of the Case of Mr Hotham, Account
A true Account of the Controverſie, once depending before the Honourable the Committee for Reformation of the Univerſities concerning ſome Fellowes of our Colledge put in by that Committee, who refuſed to live one year in the quality of Probationers according to the Statute and Cuſtom of our Colledge.
Humbly repreſented by Charls Hotham of Peter-Houſe, for the fuller underſtanding of that clauſe ſo much excepted againſt at the latter end of the 4th, and beginning of the 5th page of his preface to the Committee.
WEe had in our Colledge a Fellowſhip voyd by an ejectment of one Mr. Maxwel by the Earl of Mancheſter, about the year 1644. which we were by an Ordinance of Parliament, bearing date February the 14th 1645. enabled to ſupply by election; but it falling out to lie long vacant, partly thorough ſome difference that fell out betwixt the Maſter and Fellows about a perſon pretended to be elected into it, partly by the Maſters poſitive refuſal to have any elections till we ſhould apply our ſelves to the Committee for a deciſion of a Controverſie that was among us betwixt two Statutes; one Sir Goodall (of whom mention is made, pag. 45. of my Book) mean while rides up to London, and upon a ſlight information of our having kept the Fellowſhip ſo long vacant, gets the Committee to diſpoſe of it to himſelf.
This though it might ſeem ſtrange, that the Colledge without being once heard ſhould have their right of Collation taken from them, yet in obedience to Authority, he was forthwith admitted; only was told he muſt according to our Statute live one year in the quality of a Probationer; but he not content therewith, procures from the Committee another Order to make him forthwith an abſolute and compleat Fellow; which Order being delivered by him in a meeting of Maſter and Fellows, 'twas by the Fellows univerſally lookt at as a double grievance, of which 'twas thought fit we ſhould Petition the Committee for a Redreſs; and the Maſter being by our Statute entruſted with the Patronage of the Colledge rights, and management of their affairs, was deſired to take upon him that charge, but he utterly refuſed, hereupon on January the 2d enſuing, four of the Fellows (two of which were then the Deanes of the Colledge) preſented to the Committee this Petition enſuing.
To the Honourable, the Committee for Reformation of the Vniverſities. The humble Petition of Charles Hotham, Iames Clark, Francis Brock, and Edward Sammes, Maſters of Arts and Fellows of Peter-houſe in Cambridge.
Sheweth,
THat whereas by the conſtitution of our Colledge, all the Fellows of our Foundation do equally partake in all emoluments and power, inveſted in them by vertue of their admittance into the Society; our Lawgiver having for the quicker incouragement of Scholars in their. Studies made men capable of preferment to Fellowſhips, preſently upon their taking their degree of Batchelors of Art in the Vniverſity; yet conſidering the manifold inconveniences might ariſe, by a ſudden promotion of young Scholars from their ſtate of minority, into an equal power and priviledge with their Superiors; did for the prevention thereof wiſely ordain, that all men admitted into Fellowſhips ſhould for the firſt year be admitted onelyonly into free Commons with the Society, neither receiving any further profit, nor at all intruding themſelves into the Government of the Colledge till (their year of probation expired, they were adjudged worthy of that truſt.
Now whereas James Goodall, Batchelor of Arts, late admitted Fellow of our Colledge, by order of this Honorable Committee, hath by ſome undue information, procured your Order for his exemption from this Wholſome Ordinance, which we hope will upon more mature deliberation prove far from your honorable intentions;
Your Petitioners do therefore humbly pray, That for this and other reaſons which they are here ready to produce, neither he, nor any other under the degree of Maſter of Arts compleat may be admitted to any ſuch exemption, but may live one whole year in the quality of Probationers only, as thoſe that are Statutably elected into-Fellowſhips uſe to do.
And your Petitioners ſhall pray, &c.
This Petition ſeemed to carry ſo much reaſon in the very Front, that without our being call'd in to back it with any reaſons, 'twas unanimouſly aſſented to, and an order therepon granted as followes.
Jan. 2d 1650. At the Commitee for Reformation of the UNIVERSITIES.
VPonUpon reading the Petition of Charls Hotham, James Clark, Francis Brock, and Edward Sammes, Maſters of Arts and Fellows of Peterhouſe in Cambridge: It is Ordered by this Committee, That all Fellowes admitted or hereafter to be admitted into the ſaid Colledge by Order from this Committee, being under the degree of Maſter of Arts at the time of their admiſſion, be Probationers according to the Statutes of the ſaid Colledge for the firſt year, to commence from the time of their admiſſion. And at the expiration of the ſaid year, this Committee will judge whither they are fit and worthy of any further truſt.
James Chaloner.
But Sir Goodaell with other two ſince put in by the Committee, not acquieſcing in this Order, He that was the Maſters man comes up to the Committee with this following Petition for a Revocation.
To the Right Honourable the Committee for Reformation of the Ʋniverſities. The humble Petition of James Goodall, Thomas Church, Ralf Heywood, Batchelors in Arts.
Humbly ſheweth,
THat it having pleaſed this Honourable Committee to conſtitute your Petitioners in the Places and ſteads of ſeveral Fellows ejected out of their Fellowſhips in Peter-houſe in Cambridge, by which means your Petitioners have wholly declined thoſe other helps they were capable of for their ſubſiſtence in the Ʋniverſity, depending upon the advantage of their Fellowſhips whereby to enable them to attend their ſtudies; yet upon ſome information given by Mr. Hotham, Mr. Clark, Mr. Brock, and Mr. Sammes in the abſence of your Petitioners, they have procured your Honours Order, that your Petitioners ſhould be only as Probationers for the firſt year, thereby ſweeping away that maintenance that did formerly belong to the ſaid ejected Fellows, and ſince conferred upon your Petitioners by this honourable Committee, although the ſaid Complainants were ſetled by Authority of Parliament, and ſome of them at the time of the ſaid ſettlements were upon the ſame pretences they urge againſt your Petitioners, equally uncapeable as your Petitioners of enjoyning their Fellowſhips, had that been any ground of exception at all.
For that by the aforeſaid Order, the Complainants with the reſt of the Fellows who have ample encouragement from the proceede of their own Fellowſhips, without coveting that bread your Honours have been pleaſed to give for your Petitioners, will by this means divide among themſelves the profits of your Petitioners Fellowſhips likewiſe; and it having been your conſtant courſe in reference to the Reformation of the ſaid Ʋniverſity ſo happily carried along hitherto by your Honors, to confer the proper benefit and advantage of every ejected Fellow upon him whom you have from time appointed to ſucceed him.
Your Petitioners therefore humbly pray your Honors confirmation of the former Order, whereby the ſaid Fellowſhips are reſpectivly conferr'd on your Petitioners, and the reverſing of the ſaid order granted in yours Petitioners abſence.
And your Petitioners ſhall ever pray,
James Goodall.
Tho. Church.
Ralp. Heywood.
So upon theſe bare ſuggeſtions ſtrongly urged by ſome in their behalf, without our being once heard to make anſwer, or having the leaſt notice to appear for that purpoſe, the Committee were pleaſed upon a debate among themſelves to paſs this following Revocation of our Order.
Ian. 23.1650. At the Committee for Reformation of the UNIVERSITIES.
VPonUpon reading the Petition of James Goodal, Thomas Church, and Ralph Heywood, Batchelors in Arts and Fellows of Peter-houſe in Cambridge: And upon reading the former Orders of this Committee for conſtituting them Fellows of the ſaid Colledge; And likewiſe the Order of this Committee of the 9th of January inſtant, made upon the Petition of Mr. Hotham and other the Fellows of that Colledge, concerning Probationers; This Committee finding by their former. Orders whereby the aforeſaid perſons were reſpectively conſtituted Fellows of that Colledge, That they wre to receive all profits and priviledges as Fellows to all intents and purpoſes, do now Order upon debate of the whole matter, that the former Orders whereby the Petitioners were conſtituted Fellows, be purſued and obſerved according to the directions therein given.
James Chaloner.
One thing ſuggeſted by divers of the Committee, why they might the better paſs this Revocation, was (as I had certain information from a ſtranger there preſent) that they were not preſent at the making of our Order; elſe it ſhould never have been granted. I hope the like may be alledg'd by many more Members of that Honourable Committee, why the ſentence of my ejectment may as well be revok't, there being of their whole number which is forty at leaſt, (if not a hundred) not above eight or ten at the moſt, preſent at the paſſing of that Cenſure.At the receit of this Order of Revocation we were much aſtoniſh'd, and almoſt wholly diſcourag'd from all further addreſſes: yet rerceiving the fundamental error of all theſe proceedings was only the paſſing of Orders in the behalf of one party without hearing the other: we deſirous that open reaſon might put an end to the controverſie, having firſt given notice of our intentions to two of the parties then in Town, and to the Maſter of the Colledge their Patron, made bold to aſſay the Committee once more with this our laſt Petition.
To the Honourable Committee for Reformation of the Univerſities. The humble Petition of Charls Hotham, James Clark, Francis Btock, Edward Sammes, and Charls Mildmay, Fellows of Peter-houſe in Cambridge.
Sheweth,
THat whereas James Goodall Batchelor of Arts, made Fellow of our Colledge by order of this Honourable Committee, did upon ſome undue information procure your further Order for his preſent enſtating into all the priviledges of a Fellow, without firſt living a year in the quality of a Probationer, according to the Statute and laudable cuſtomes of our Colledge; according to which Statute, as well thoſe put in formerly by the late King, as all others coming in by election, have been uſually admitted and not otherwiſe: You were pleaſed upon the humble repreſentation by ſome of your Petitioners, of the great inconvenience of exempting men from that Statute, to order, That both the ſaid James Goodall, and all others admitted, or hereafter to be admitted Fellows of our Colledge, by Order of this Honourable Committee, being under the degree of Maſter of Arts at the time of their admiſſion, ſhould (as others that come in by Election) live one whole year in the quality of Probationers, as above ſaid, and after their year of Probation expired, to ſtand to the judgement of this Honourable Committee for ther confirmation to further Truſt.
Yet a ſmall while after this your Order granted, and your Petitioners retir'd to their Studies, or other affairs, the ſaid James Goodall, together with two more late admitted Fellows by Order of this Honourable Committee, have again Petitioned, and obtained an annullment of that your Order granted upon our Petition, with re eſtabliſhment of themſelves in the firſt exemption, to the great detriment of the Colledge, and fruſtration of thoſe good ends aim'd at by our Law giver in that Statute.
Now ſeeing your Petitioners did not (as Was in a late Petition inſinuated) go about by partial information to obtain that Order you were pleaſed to grant us in the Colledges behalf, but did give to Doctor Seaman Maſter of our Colledge timely notice of the day and matter of our Petition, that ſeeing he had refuſed to act with us, he might (if he pleaſed) appear to object what he thought fit againſt our Petition; But on the contrary, this revocation of your grant to us hath been procured in our abſence, and without our privity upon ſome ſuggeſtions, the invalidity whereof we doubt not but evidently to demonſtrate.
We therefore humbly pray, that the cauſe we mannage may not be finally condemned before it be fully heard, but that we having now again given timely notice both to the Maſter of our Colledge, and likewiſe to the aboveſaid James Goodale, now in Town, of our reſolution to Petition this Honourable Committee for a hearing and determination of the controverſie this day, that both our ſelves and the other party (if they pleaſe to appear) may be heard ſpeak: And if upon a full hearing of what ſhall be offered to your wiſdoms on each ſide, it ſhall appear, that your grant to us was agreeable to reaſon and juſtice, that then the ſame grant may by the favour of this honourable Committee have its full and final eſtabliſhment, for the making of theſe and all others under the degree of Maſter of Arts, with ſuch reſerve, as was in that Grant ſpecified, Probationer, according to the Statute, and Cuſtome of our Colledge, any former Order to the contrary notwithſtanding.
And your Petitioners ſhall ever pray, &c.
Charls Hotham.
James Clark.
Francis Brock.
Edward Sammes.
Charls Mildmay.
Our Petition read, I being there preſent, was very deſirous to have ſpoken to it, and the Maſter with the other parties were preſent too: But our requeſt of their hearing both ſides together ſpeak, before a finall determination, would not be granted: But upon a bare allegation of ſome, that we had not been Probationers our ſelves; that men ſhould not be admitted to Petition againſt Orders: That at the paſſing of that Order we Petition'd againſt, they had had a long debate upon the matter (though neither we nor any inſtructed in our cauſe were there to anſwer to the Objections) we were without audience commanded to withdraw, and this concluſive Order paſs'd againſt us.
Feb. 13th 1650. At the Committee for Reformation of the UNIVERSITIES.
VPonUpon reading the Petition of Mr. Charls Hotham, James Clark, Francis Brock, Edward Sammes, Charls Mildmay, Fellows of Peter-houſe in Cambridge, and upon long and mature deliberation and debate of the whole matter, it is Reſolved and determined by this Committee that the ſaid Petition be diſmiſs't, and that the Order of this Committee of the 23. of January laſt, made upon the Petition of Mr. James Goodale, Ralph Haywood, and Tho. Church, directing the obſervance of the former Order of this Committee, whereby they were conſtituted and appointed Fellows of Peter-houſe; & to receive all profits and priviledges thereof, to all intents and purpoſes do fully ſtand good, and is hereby confirmed: And this Committee declares that they will not hereafter receive any more Petitions from any of that ſociety, againſt the laſt three perſons aboveſaid, concerning Probationerſhip. And hereof all the Members of the Society are to take notice.
James Chaloner.
By vertue of this laſt Order, both theſe three, and two more afterwards put in by the Committee (being all of them under the degree of Maſter of Arts) which make up the number of five, mention'd in my Preface, were (as is there mention'd) made capable a year before their time of intermedling in the Colledge government, to the great detriment of the whole Colledge, and fruſtration of thoſe many good ends aim'd at by our Law-giver in that Statute for Probation, as was allead'gd in our Petition; and will further appear by this following Plea, which I was ready to have made in the Colledges behalf, might I have had the juſtice to have been heard ſpeak.
Thus far is a true and full account of the whole proceedings of the above nam'd controverſie, which if called to it, I ſhall be ready to make good.
Charls Hotham.