A True State of the Case of Mr Hotham, Addendum

A True State of the Case of Mr Hotham · Addendum

p. 25My Plea, becauſe it laies open more fully the whole ſtate of the controverſie then can be gather'd out of the foremention'd Petitions and Orders, and will both juſtifie our iterated Petitions, and thoſe paſſages in my Preface, which touch upon that matter; I thought it neceſſary to be here annexed.

The Plea.

SIR,

BEcauſe the paucity of the number of your Petitioners, was in our abſence objected as an argument of weight againſt us; I deſire leave in the firſt place to tender ſomething for the taking away that miſpriſion. Which is,

That the whole number of our foundation is but of 15. perſons, viz. one Maſter and 14 Fellows: One of theſe Fellowſhips hath been ever ſince our coming to the Colledge, through connivence laid vacant as an augmentation to the Maſterſhip, till the State can provide a better ſubſiſtence: Of the remaining 13. three are thoſe late put in by this Committee, whoſe quality is now in diſpute: Of the other ten, one lives a half diſtracted man at many miles diſtance; another lives a Chaplain in the Country: So the whole number of the Fellows now preſent at home or imploy'd here about Colledge affairs, is in all but eight, five whereof are p. 26you ſee engag'd in the Petition; and one more there is, viz. the Preſident of our Colledge, who I can make appear concurs with us in his judgement, and deſire of the thing, though he will not have his name to the Petition.

So 'tis apparent all the preſent ſociety but two are for the Petition, and neither of thoſe two ſo far diſſenting as to appear againſt it.

Nay, the Maſter of the Colledge his reaſon and judgement, if he contradict not himſelf, is with us (though not his hand, which we have reaſon to think is rather much againſt us) for I ſhall, if call'd to it, make proof that he did in our Colledge affirm that he was in his judgement wholly againſt this way of Sir Goodale's coming in by the Committee; that he had himſelf told him that in ſome of his carriages about this matter, he had broke his oath; And at another time that had he been in the Colledge when his Order came, he would have admitted him but as Probationer.

So you ſee it is, though the Petition but of five, yet the judgement and deſire in effect of the whole Colledge.

I come now to the matter it ſelf; Wherein I humbly conceive the queſtion is not of the meaning, but equity of your firſt and ſecond Orders, whereby Sir Goodale was made compleat Fellow: Whether thoſe Orders or that latter granted us in the Colledges behalf for making him and the reſt Probationers according to our Statute, be the more reaſonable and fit to be ſtood to.

For to ſay your latter Order muſt be a nullity, becauſe it thwarted a former, will I know upon your ſecond thoughts be adjudged a reaſon not ſufficient, eſpecially it appearing that 'twas made upon the bare ſuggeſtion of one private Scholar, greatly to the whole Colledges prejudice, and without any notice given them to appear to the pleading of their rights. Elſe were thoſe that reſide at home, honeſtly attending upon the duties of their ſeveral charges, in a miſerable condition, if upon the bare information of ſuch as lie here watching at advantages, they may have their rights taken from them and given to others, and the meer plea of an Order paſs'd in the caſe ſhall ſtand as a bulwark, to keep them from acceſs to you, to reaſon out and Petition for their rights.

Beſides, Orders from above of this nature have been upon repreſentations from Colledges frequently revok'd in ancient times, p. 27nor was it then thought any diminution, but rather an honor to the powerfulleſt authority to ſtrike ſail to Juſtice.

We were indeed at firſt ſomething diſcourag'd by ſome, telling us, that in Petitioning againſt an Order, we ſhould but make our ſelves ridiculous; yet could not we for all that foſter in our breaſts ſuch a prejudicate opinion of this Honorable Committee as to think you would prefer any Order of yours before the Laws of Equity and Reaſon, if appearing to ſtand in competition; which Honorable opinion of your juſtice, we doubt not, but you will think your ſelves rather engag'd to maintain, then that of an abſolute power.

I hope you will pardon my thus prefacing; the Arguments made uſe of againſt the very admittance of our Petition, hath enforc'd me to it. I ſhall now fall upon the ſubſtance of the Controverſie; and crave leave to tender you a few reaſons for the preferring of your grant to us before your former Orders.

Reaſ. I. My firſt Reaſon is from our Colledge Statute. Your firſt Order was againſt a wholſome Statute of our Colledge, the latter granted to us was agreable to it. Now Sir, it is your great honor, that both your ſtile and end of your ſitting, and whole ſeries of your actings, tends onelyonly to the Reformation of what is amiſs in our Perſons, Manners, or Statutes, not to the violation or everſion of any Ordinance of our Founder ſettl'd upon good grounds, and no wayes prejudicial to the Commonwealth.

When the State Collates into a Benefice, they give the man no more then others uſe to have by the gift of the Patron; So in a Fellowſhip, your gift cannot be equitably conſtrued of more then what one of the ſame qualification coming in, in right of the Founder could have laid claim to. Now thoſe its apparent have for the firſt year their Commons onelyonly, and are by Statute expreſly excluded from Government.

Reaſ. 2. My ſecond Reaſon is from the conſtant Cuſtome wherewith this Statute hath been back'd in parallel caſes alledg'd in our preſent Petition. All thoſe put in by mandate in former times were Probationers, as well as thoſe that came in by election, as appears by remarkable Preſidents out of our Colledge Books; which, becauſe the carriage of them hither is chargeable and hazardous, I have deſir'd ſome of our Society to make ſearch, and certifie the truth. This is their report.

p. 28We whoſe names are underwriters, do hereby teſtifie, that by the relation of thoſe that have been long Fellows, as likewiſe by the Colledge Books it doth evidently, and fully appear to have been the Cuſtome of the Colledge of Peter houſe in Cambridge, for thoſe that have been admitted Fellows, either by Election, or the Kings Mandate, to be Probationers for one year, not intermedling with the Government of the Colledge, not receiving any profits beſides their Commons in the Hall. In witneſs whereof we have ſet our hands.

January 28^th. Anno Dom. 1650.

James Clark.

Francis Brock.

Charls Mildmay.

And if the teſtimonies of theſe Gentlemen be excepted againſt, becauſe parties to the Petition; I am ready, if requir'd, to produce yet further undeniable evidence of thoſe that are no parties.

And as for thoſe Fellows that came in by Election, there was never any the leaſt doubt: one of your Petitioners, though now abſent, Mr. Mildmay by name (one who hath more real worth in him then all theſe three put together) did live one whole year in the quality of a Probationer.

Its true, we that were put in by my Lord of Mancheſter were not probationers. But for that there were great and weighty reaſons which will not hold good in this caſe.

Firſt, 'Twas not my Lord of Mancheſters Order, ſo much as a ſtringent neceſſity for the accompliſhment of that end we were put in for, enforc'd this exemption upon us: the condition of the Colledge at that time no wayes admitting of this diminution of our Power. We came into a depopulated Colledge, all the old Fellows, but the Preſident, and another, either actually turn'd out, or ready to be turn'd out for Delinquency, as faſt as ever there could be get men to ſupply their rooms; not one of thoſe left (the Preſident excepted) would once in publike own the Maſter by coming to Colledge-Meetings, or otherwiſe.

So then, if we had been Probationers, there would have been a Maſter and Preſident without Fellows, an Univerſity-Monſter; they two ſhould have ſwallow'd up the whole Colledge Revenue, and engroſs'd the Government wholly into their own hands, which had been a flat contradiction to the Founders expreſs p. 29Will; who was ſo great a Favorer of Liberty, that he thought it not wiſdom to entruſt the Government ſolely in the Maſters hands; but appointed two Deans as Collateral Governors with him; two Burſars for receiving and iſſuing out of the Colledge Revenue, a publike Lecturer, with others ſubordinate under him for training up the Scholars in learning; all which Officers are annually choſen in full Meeting of Maſter and Fellows; and beſides theſe Officers deſign'd to their ſeveral tasks, the Maſter is in arduis Collegii, to conſult the Fellows in Common, and ſtand to the determination of the major part; in which meetings we eſteem nothing done to be valid, if a major part of the Society, viz. eight at leaſt be not preſent. So then had we not been admitted compleat Fellows, there could have been no choice of Officers for Government of the Colledge, nor any meetings according to Statute for ordering Colledge affairs, nor any leaſe to our tenants valid in Law, our Statutes excluding Probationers frō intermedling in either.

But now we have ten ſtanding Fellows of the Society, enow for the choice of Officers and Government of the Colledge, every way according to the Founders intention.

Secondly, we enter'd into our Fellowſhips, Flagrante bello, when the warr 'twixt the late King and Parliament hung in ſuſpence, ran great hazards, and the town being not fortified, we oft upon Alarums from the enemy, forc'd to our great charge, to relinquiſh our homes: Therefore 'twas but reaſonable, that in compenſation to our hazard, and charge extraordinary, an unuſual exemption ſhould be then allowed to us, though now denied to others, not having the like reaſon to claim it; yet we did live a great time, as to profit, in little better condition then of Probationers, having receiv'd, till neer about a twelve monethmonth after our admiſſion, not five pound a man above our Commons in the Hall.

Thirdly, At thoſe times the Harveſt was great, and the Labourers but few, 'twas neer the whole body of the Univerſity that was pull'd up by the roots; but there was great penury of fit men for a new Plantation. I remember very well, that when my ſelf came out from being pos'd in the Aſſembly, Mr. Palmer, the new made Maſter of Queens Colledge, told me, that he wanted men for a ſupply of ſome places there; and ask'd me whether I could recommend to him any fit perſons to make choice of. Now p. 30if in the midſt of all thoſe vaſt hazards and charges incumbent, there had not been allow'd ſome unuſual indulgences to allure men thither; no body of tolerable parts, and any way conſiderable to thoſe ejected would have accepted the places; but now the caſe is quite otherwiſe: we have divers of our Colledge hopeful youths of greater eminence for Learning, Piety, good affection to the State, that would be glad to accept of theſe Fellowſhips, with that ſtatutable limitation of Probationerſhip, which theſe men ſtumble at.

Fourthly, To this I might add, that four or five of us were at our admiſſion Maſters of Arts, ſome of us of great ſtanding; now our Petition deſir'd the probationerſhip only of thoſe under the degree of Maſter of Arts, & no others; for our Founder, having in Elections confin'd us to Bachelors; we conceiv'd his ſtatute of probationerſhip ought in equity to reach no higher, the putting in of Maſters of Arts being a caſe beyond his thoughts, though at our coming in the neceſſity of ſtate and penury of men to ſupply thoſe vacancies did enforce a temporary diſregard of both thoſe ſtatutes of election and probation.

But theſe reaſons being now ceas'd, we hope an Argument drawn from them to a preſent infringement will be judg'd of no force.

Therefore that great objection now taken away, I deſire leave to tender to your Wiſdoms a few of thoſe remarkable inconveniences that will enſue from the exemption of theſe men from this ſtatute, and thoſe not imaginary, but grounded upon freſh experience of the effects of this mans promotion, who was the beginner of theſe troubles.

Firſt, Thoſe good ends aim'd at by the Founder, viz.

1. The better fitting men for government, by a gradual and leaſurely aſcent to it.

2. The prevention of thoſe diſtempers, occaſion'd in the ſpirits of young men by a too haſty promotion.

3. The triall of mens ſpirits, and ſecuring of the Colledge from being prejudic'd by ſuch as upon ſufficient diſcovery ſhould ſhew themſelves unworthy of truſt.

All theſe, and many more good evils are fruſtrated by this exception.

Secondly, the State is no leſs hinder'd thereby, from that p. 31excellent advantage they might make by the obſervance of this Statute, to try whether theſe they advance be true genuine ſons of the Common-wealth, or only compliers for preferment, before they ſettle them too faſt in their truſt; Durius egeritur, quam non admittitur. It muſt be ſome high crime only can prevail to ejection; but for non-admiſſion a ſtrong ſuſpition may ſerve. It hath been the wiſdom of our fore-fathers to make Laws Probationers for a time; much more ought men to be ſo, & ſurely if you ſaw how men of all principles, even thoſe moſt diſaffected to the Common-wealth, flock in to the Engagement as to a common Aſylum, and yet hold to their malignant principles as firm as ever, though perhaps you may deem him an enemy that refuſes it, yet would you not eſteem every one a friend and worthy of truſt that takes it; nor would you preſently give every man admiſſion into your guards that had learn'd this watch word.

Therefore I hope you will think it wiſdom rather to enlarge the practiſe of this Statute to all thoſe Novices you put in (except ſuch few as you have ſpecial aſſurances of) then to take it away in thoſe places where the Founders providence hath prepar'd it to your hands.

And of all men there's the greateſt need of that caution with this man who firſt began this diſpute; for he was once (no longer agone then laſt year November the 5^th 1649.) ſo virulent an enemy to the Parliament, that in a publike Oration in the Colledge Hall, he parallel'd their proceedings againſt the late King with the Powder-plot contriv'd by the Papiſts and Jeſuits, affirming to this effect, that both pretended Religion for what they did, but Religion diſclaim'd both as an adulterine brood; with much more to this effect; for 'twas the chief ſubject of his Oration. Nor hath he further then by his meer taking the Engagement given us any probable demonſtration that he is chang'd in his principles. And therefore ſeeing he goes about with others before ſufficient time of triall, to fix himſelf into an immoveable ſtation, I thought it my duty to give this Honourable Committee warning to take heed whom they truſt; for 'tis not to be imagin'd, he will make any great ſcruple of breaking when time ſerves, that promiſe he made in the Engagement, who the Maſter will tell you, hath as he believes in ſome of his carriages about the acquiſition of p. 40this Fellowſhip made ſhipwrack of his oath: for he affirm'd in my own and others hearing that he had told him as much.

3. A third inconvenience of this exemption, is, that the preſent Society is very much wrong'd by it. This profit accrewing from Probationers is one of the rightful appurtenances of our Fellowſhips; and the Parliament hath been hitherto ſo far from impairing ought of the rights of the Univerſity, that they have in the Headſhips thought fit rather to make augmentation. Our Fellowſhips I aſſure you are poor enough, and this year by reaſon of the Taxes like to be much impair'd. We Fellows of Colledges having been ſo modeſt as to deſire no augementation of the ſtate; I hope therefore you will not think it equal, thoſe caſual augmentations allowed us by our Founder ſhould be taken from us.

Nor I hope will this Argument diminiſh ought from the ſtrength of what hath been, or ſhall be further produc'd; for if a man will will cut a ſlice out of my Coat to mend a hole in his own, and I implead him for it, his alledging that I have ſelf ends in my accuſation is no juſt bar to my plea for the recovery of my right: Yet might thoſe that charg'd us with acting herein only upon money conſiderations, well have reſerv'd that charge for thoſe whoſe fingers have reaſon to ſtick cloſer to ſuch droſs. I am ſure all I ſhould be a gainer by your grant of our Petition, would not counterfeit half my expence. The truth is, we that are the Petitioners, are through the Maſters neglect to do his duty, enforc'd at our own great hazard and charge to purſue the Colledge rights; but 'tis they that either ſit ſtill, or act againſt us that wil be the only clear gainers, if the cauſe be caſt on our ſide; ſo that had it not been more a common good, then private advantage we aimd at, we had been worſe then mad men to have ſtirr'd in this cauſe; but that which they alleadg'd of our depriving them of bread to enrich our ſelves, was a vile ſcandal; for they are not denyed to have according to Statute and Cuſtome their commons allowed them freely, even throughout the whole year of their Probationerſhip; and the remaining profits (though our right to diſpoſe of as we ſee cauſe) is not determin'd to be divided amongſt our ſelves, but would I think rather be thought fit to be ſepoſited to exonerate our Colledge ſtock of ſome debts 'tis encumbred with.

4. A fourth and very great inconvenience of this exemption, p. 41is, that if theſe men have this great priviledge above thoſe that come in by election, of being admitted a year before the Statutable time into preſent power and profit, 'twill much ſlacken the endeavours of younger Students, to approve themſelves to us under whoſe charge they live, in that eminency of piety and learning which may recommend them before others to promotion, when they ſee before them hopes upon theſe or the like vacancies, to procure preferment with more advantage from a higher power.

And for this allegation, this mans carriage when he brought his Order to the Colledge, gives a juſt ground; for being told by the Fellows aſſembled in meeting that he muſt not expect to be admitted Fellow in other quality then of Probationer, he returned this ſcornful anſwer, that then he had as good have come in by Election.

5. The fifth and laſt inconvenience is, That this ſudden aſcent of young Scholers from a ſtate of minority, to the higheſt power of command and equality with their Superiours, is both a ſtrong temptation to pride and ſelf-conceitedneſs, and of great danger to procure diſorder and miſgovernment in Colledge affairs: And laſtly, to make the Colledge government contemptible to the younger Students, and ſo uneffectual to thoſe good ends to which 'twas ordained.

And if any object, that all theſe reaſons notwithſtanding, thoſe put in everywhere in other Colledges, both of Cambridge and Oxford by this Honourable Committee, are not Probationers but compleat Fellows.

I Anſwer, That the Statutes of ſome Colledges require no Probationerſhip at all; in others the junior Fellows are by their conſtitution little better then Subordinates to a ſet number of Seniors, intruſted with the ſole power of the Colledge; and ſo the like inconveniencies would not enſue there, as with us where all are equal.

I have now onelyonly one thing more to add.

If theſe of whom the Queſtion is, were either men of eminent worth, or great ſtanding, or men that had in their ſpheres done any conſiderable ſervice for the State, or were but remarkable for their good affection to the Common-wealth: We could well p. 34have been content our priviledges ſhould have ſlept a while for their ſakes; we ſhould have appeared here with thanks rather then complaints about any indulgence you ſhould have granted them.

But no ſuch eminency of any ſort appearing in them, to diminiſh the whole Society, to make way for theſe mens greatneſs. I hope you will think it ſmall juſtice.

The firſt of them you have heard prov'd to be ſcarce free of malignancy, and therefore a years time would do well to be given him for the working out that diſtemper.

Of the ſecond I think I could alledge ſomething very material, but all I will ſay at preſent, that he is for his perſon a diminutive wretch, I think ſcarce two foot high, a child or dwarfe, I know not whether; one that durſt never that I hear of appear in perſon with his Petition before you.

Nor ought this to be eſteem'd an unſerious argument.

God in old times, willing to make his miniſtry honorable amongſt men, would not admit of any that were in their outward perſons notoriouſly defective; but would have them left to ſome meaner employment. I hope 'tis not your deſire to make the Society of Peter. Houſe contemptible.

If he muſt needs be Fellow, yet one years growth, (if he be capable of it,) would do well to make him Complete-man before he were made Complete-fellow.

As for the third, viz. The Maſters man, againſt whom we have formerly petitioned, I muſt beg leave, (ſeeing his ambition to live above his Laſt, hath forc't me here again upon the Stage) humbly to repreſent,

That, as I have it from thoſe that knew him from the beginning, he was at firſt, being then judg'd inſufficient, permitted to have his name entered into the Colledge at the inſtance of a Miniſter, upon Apology for him that he was poor, and willing to take pains to amend his defects, and that mean-while, to let him have his time running on, would be a deed of charity.

That from this firſt time of his admiſſion, till the Midſommer before his Commencement, he reſided not at all as Student in the Colledge. All that while (which was about three years) never appeared to us in any other habit, then of the Maſters man, p. 35waited upon him in a cloke whitherſoever he went. After that, all the time he continued member of the Colledge, was only one year, in which time he was made by the Maſters nomination, firſt poor ſcholar, then under-Butler, and from thence we know not, whether by his own or Maſters merit is now promoted into a fellowſhip, and not content with that, will be aut Caeſar, aut nullus.

There are only four things can be alledg'd as a ſeeming plea for his capableneſs of this preferment.

1. That being a Schoolmaſter at a private houſe in the Country, he hath train'd up a ſcholar or two for the Univerſity.

2. That he had taken his degree of Batchelor of Arts in the Univerſity.

3. That for a while he was made a Logick Lecturer in the Colledge.

4. That he was by our ſelves recommended to a fellowſhip in S. Johns Colledge.

To the firſt I anſwer, That to teach children the rudiments of Latine, and to be a fellow of a Colledge i. e. one able to train up the riper youth in all the varieties of the beſt learning of all ſorts, are two vaſtly different employments; yet in that learning of his proper ſphere he pretends to ſome ſufficiency in, 'tis generally believed, he will upon due examination be found notoriouſly defective.

To the ſecond, that to be ſtopt of a mans degree in the Univerſity is accounted ſuch a hideous diſgraceful puniſhment, as 'tis ſeldom inflicted on any, but where there appears a concurrence of ſome ſcandal in life and egregious duncery together; the ſtopping a man of his degree, having ſometimes neer coſt the poor diſcontented party his life. In regard of which, degrees have been given to ſome, rather as an alms of charity, then reward of merit.

To the third we anſwer; That he was indeed made Logick Lecturer once for a ſmall time, but 'twas only becauſe there being at that time no choice of Bachelors of Arts for that ſervice, the Lecturer muſt have made him or none; but if that were argument enough to make him fellow, we could find enough in our houſe of not two years ſtanding ſhould outſtrip him in that skill.

Laſtly, to his Recommendation to a fellowſhip in S. Johns Colledge p. 44by moſt of us that now except againſt him, 'twas a thing done by us (if done at all,) upon a ſurpriſal, with ſuch inadvertency, that none of us have the leaſt remembrance of any ſuch matter; but by diligent enquiry from others, we are informed that he had two certificates: one in Engliſh ſubſcrib'd onelyonly with three hands, (my ſelf none of them) the other in Latine, in that old frigid form, uſually given to ſuch as are cut out for Country Curates, and Ladies Chaplains, to which I'me told I have ſubſcrib'd, which I confeſs might poſſibly be; for not knowing my ſelf any thing of him, ſave only that he was our Butler, and ſeeing one of my Seniors hands at it, I might poſſibly not heeding the matter, ſubſcribe upon his Credit.**We have divers teſtimonials come oft to us to be ſigned teſtifiing only the Scholars degree or continuance, &c. of which note for ought I knew this might be; for I verily believe I did not read it. But that either of theſe Certificates contain in them any Recommendation to a fellowſhip in S. Johns, whoſoever aſſerts it, will I'me confident upon good information be found void of truth.

Yet might that man not unfitly be thought capable of a junior fellowſhip in S. Johns Colledge, where the government being onelyonly in a few Seniors, he could not of many years, be capable of ſuch conſiderable truſt: and yet the ſame man unfit for a fellowſhip in Peter Houſe; where by the conſtitution after one year (by your order preſently,) he is capable to participate as Fellow, in all points both of profit and government, equally with the greateſt Senior of the Colledge.

But admit that upon his pretence to ſtand for ſome poor preferment abroad to find himſelf bread, and that without being ſpeedily accommodated with ſome kind of teſtimony from the Colledge, ſome of us upon a ſudden ſurpriſal not taking time for ſufficient enquiry, were ſo Charitable as haſtily to ſignifie in that old Latine form our preſumptions rather then knowledge of him.

For him having by this cheating pretence gotten his almes, to make uſe of our Charity as a ſword to wound ourſelves with, will I hope be thought no fair dealing, ſo as to find from you the leaſt encouragement.

Yet this is the caſe, and this is Mr. Byfields Godly youth, and ſuch are the practiſes of thoſe who contrary to the tenor of the 15. Pſalm. make truth, faithfulneſs, plain dealing, moral honeſty (thoſe great cements of humane Society) no eſſential ingredient into their notion of Godlineſs; Nor the contrary loathſome vices any defects in it.

p. 45— Hic niger eſt, hunc tu Romane caveto.

Therefore ought not this peece of legerdemain to be allow'd of as a fence againſt a fair trial, whether thoſe imputations of duncery, that are laid to his charge be true, of which there are, beſides what I formerly hinted, theſe pregnant ſuſpicions.

1. His Maſter, Doctor Seaman himſelf, if ask't the queſtion, will, for ſome thing I know, ſcarcely deny his own ſuſpicion of it.

2. Heres one of our Society who was Moderator at one of his exerciſes he performed, and can witneſs he did it very miſerably.

3. Both Mr. Sedgwicks private examination, that he might have ſomething to ſay for him, and Mr. Byfield ſo ſtudiouſly ſtrengthning himſelf with defences in that point, before ever we in private, or in publick objected any ſuch thing, argues ſtrongly he ſaw there was a weakneſs there; elſe there would not have needed ſo much art to fortifie that paſſage.

Now for my own part, I have againſt the perſon no private prejudice at all, (he being a man I never took notice of, otherwiſe then as of a Butler,) onelyonly deſire that true worth whereever it moſt appears, in him or others, may take place: For this will both give greateſt encouragement to virtue, and induſtry in the Colledge; and will tend moſt to the vindication of the repute of this Honorable Committee.

For however thoſe whom you put in, what ever they be, may in reverence to your great authority paſs among us for currant coin, yet twill not be for your honour, where there is much fine gold ready for the impreſſion, to ſet you ſtamp upon Copper.

Therefore ſeeing thoſe that come into Fellowſhips by elections from us, paſs firſt a publike examination before the whole Aſſembly of Maſter and Fellows, and ſeeing we ourſelves and all others, put in by my Lord of Mancheſter, were not admitted till we were firſt publickly examined of our ſufficiency before the whole Aſſembly of Divines, we humbly intreat that this mans examination by one Divine alone in a private Chamber may not paſs for authentick, but that this further Petition I here preſent you with, from a conſiderable part of our Society, may together with ſomething I have to ſpeak to it, be taken into conſideration.

p. 38To the Honourable, the Committee for Reformation of the Univerſities. The humble Petition of Charls Hotham, Francis Brock, Edward Sammes, and Charls Mildmay, Fellows of Peter-houſe.

Sheweth,

THat whereas ſome of your Petitioners having on January 2. laſt paſt, preſented to this Honorable Committee two Petitions; the one for making thoſe put into Fellowſhips of our Colledge by your Orders, being under the degree of Maſters of Arts, Probationers according to the Statutes, and laudable Cuſtoms of our Colledge: the other for ſuſpenſion of that your Order, Whereby Sir Haywood, firſt the Maſters man, then under-Butler of our Colledge was promoted into a Fellowſhip, till that equitable title the Colledge pleaded to a Collation into that Fellowſhip might have its full trial before the Committee of Viſitors ſitting at Cambridge: the firſt of which Petitions was with ſome reaſonable reſtriction granted, the other denied.

We Humbly pray, that ſeeing upon the Petition of others, your grant of our firſt Petition hath been revoked, and we put to the great vexation of petitioning for another hearing: our ſecond Petition alſo which was denied, may upon ſome new matter we have here to preſent, be taken into a ſecond and ſerious conſideration.

That ſeeing it was certainly our Founders intention, that the beſt and ableſt of our Students ſhould have the benefit of his Fellowſhips; which good deſign of his, we humbly conceive 'twas never your Honorable intentions to make fruſtrate; and that we have divers of our Colledge, ſome of them Batchelors of Arts of good ſtanding, others of this inſuing March, very eminent in all accompliſhments of Piety, Vertue, Learning, and Faithfulneſs to the Commonwealth, to whom it muſt needs be a great diſcouragement to ſee one of far inferior deſert preferr'd before them.

That therefore you will be pleas'd, either to grant leave to the Colledge (who have beſt means of knowing the ſufficiencies of their own Members) to elect the beſt, and moſt worthy into this Fellowſhip: or to receive from the Colledge a Catalogue of ſuch as they know to be every way the beſt qualified, to be examined joyntly with this Sir Haywood by ſome unprejudic'd men in ſome open p. 39place: and that he whom theſe Examiners ſhall repreſent the moſt worthy, may by the Juſtice of this Honorable Committee be preferred to this truſt.

And your Petitioners ſhall ever pray,

Charls Hotham.

Francis Brock.

Edward Sammes.

Charls Mildmay.

SIR,

TO this Petition, I have three things to offer of a conſiderable import.

The firſt is, That a Fellowſhip of a Colledge is not ſuch a contemptible truſt, as ſome weighing it in other then Reaſons Scales, may be prone to imagine: much of the temperature of the whole Nation will in a ſhort time be alter'd for better or worſe by theſe men according as care is had of their choice, as I could, if it were not for tiring you too much, at large demonſtrate.

Secondly, Becauſe in this caſe ſo much ſtreſs is laid upon a teſtimony got by ſurpriſal, I muſt needs acknowledge your Wiſdom and Juſtice in reſolving to prefer none to Fellowſhips, without a Certificate, under ſome of the hands of the place where they have lived. Yet I beg leave to tell you,

That 'tis a great miſtake, that when a man comes to you with a Colledge-teſtimony (which cannot juſtly be denyed to thoſe that are not exceedingly ſcandalous in point of Learning or Manners) you look at them as recommended for the moſt deſerving in that Colledge to their Fellowſhips: which is not ſo: thoſe that come a begging to you with theſe Paſſes, are oft men of a deſert far inferior to thoſe modeſt men that ſit at home, waiting upon Gods Providence to ſtir up the hearts of thoſe at home that are knowing to their merit, to give them without asking the due reward of their deſervings.

The third and principal thing which I am perſwaded will prevail with you, not in this onelyonly, but in all other caſes to devolve (with ſome reaſonable reſtrictions) all your power into the hands of Colledges in point of Elections, is, thoſe admirable remedies we have, partly by the Wiſdoms of our ſeveral Founders, partly by ſome good Cuſtoms of ancient uſe among us, provided p. 40againſt all baſe and ſiniſter proceedings, which in our Colledge (and I think other Colledges want not the like) are theſe,

1. Preſently upon any vacancy of a Fellowſhip, we are by our Statute**This Statute the Maſter, though more then once urg'd to it in publike meetings, could never be brought to obſerve. to proceed towards an election, except upon ſuch grounds as are ſpecified in another Statute, we ſhall, with the Biſhop of Eli's approbation, determine to keep it vacant; which determination ought, according to ancient Preſident, to be Regiſtred in our Colledge Records.

And this is an excellent proviſion for thoſe Scholars, who by being rightly qualified, may juſtly claim the right of having (except ſuch good cauſe as I nam'd can be ſhewn to the contrary) an Election pronounc'd upon any vacancy that ſhall fall; and ſo not be wearied by delayes out of the hopes of that preferment the Founder hath provided for their ſubſiſtence.

And if any man be wrong'd of his Right in this kind by want of an Election, his Tutor may and ought in a civil way, deſire of the Maſter, or if need be, demand to have an Election call'd.

2. Our Proceedings towards an Election are not by our Statute to be hurried on in a clanculary way of precipitancy; but firſt there is to be pronounc'd by the Preſident in a full meeting the firſt warning (as our Founder ſtiles it) towards an Election to be made the eighth day after this monition.

This with ſome other cautions I ſhall tell you of, is an invincible remedy againſt pack'd meetings for an Election: for by this means any Fellow, not above a hundred miles diſtant, may have notice to come up to be preſent; or notice may be given to any deſerving man of the Colledge or Univerſity, to come up and ſtand for preferment.

p. 413. The eighth day being come, the Maſter or Preſident is to ſend Summons to all the Fellows at home to come to the meeting, & we cuſtomarily proceed not to action in thoſe or any other meetings, till we are ſure each man at home hath had his due Summons; and if we doubt it, we uſually before we begin to act, ſend one to knock at his chamber door, who we ſuſpect might want notice; which is another admirable way of prevention againſt deeds of darkneſs. And for this we have a moſt excellent proviſion in our Univerſity Statutes, by which 'tis appointed, that beſides Summons to every congregation given by the Squire Bedels of the Univerſity in ſome precedent meeting, or by a threefold Proclamation in the open Courts of every Colledge, an hour or thereabouts before the congregation, the School-keeper is to ring a Bell which may be heard all the Town over, whereby the whole Univerſity may be again put in mind of the meeting; which Bell commonly holds ringing for half an hour at leaſt; and our Statute ſays, that nothing tranſacted in the Regent houſe before the ceaſing of that Bell, ſhall be valid.

This prevents an excuſe that might be drawn from the uncertainty of Clocks, for that unſquare practiſe of a few mens entitling the whole Univerſity, to the hudling proceeds of an anticipated Aſſembly, or ſtoln Congregation: For which we have likewiſe another brave proviſion, both in the Univerſity, and particular Colledges, viz. That we cannot create a Preſident of the Aſſembly for half an hours ſervice, but muſt ſtay ſtill for his coming, whoſe ſtanding office it is to preſide.

4. 'Tis not in our Colledge a tenth or twentith part that by our ancient cuſtoms can make a meeting; p. 42but of our whole number of Maſter and Fellows, which is 15. there muſt be a major part preſent at the ſcrutiny, elſe we account our ſelves not in a capacity of acting as a Colledge aſſembly; and therefore the Maſter, upon theſe or the like urgencies, hath power to ſummon even thoſe abſent with leave, in what quarter of the world ſoever they be, in England or beyond Seas, which is another excellent remedy againſt oligarchical combinations.

5. A day or two before our Election, if either there be like to be competition, or he that ſtands be not agremial, and one of certainly known ſufficiency, we have a publike examination of him or thoſe that ſtand for the Fellowſhip, in full meeting of Maſter and Fellows.

6. When the point of Election comes, we are ſolemnly prepar'd to it, and put in mind of our duty by a deliberate reading both of that Statute of Eliz. againſt bribery directly or indirectly, and of ſuch of our locall Statutes as contain matter of direction to us in the point of Election, eſpecially of the quality and conditions of the perſon to be Elected, which are particularly ſpecified out to us, and we enjoyn'd by vertue of our oath to chuſe ſic conditionatum, & non alium, one thus particularly qualified, and not another; and if we do otherwiſe, that our Election is a meer nullity.

And this is another ſtrong fortreſs againſt partiality, bribery, perſwaſions of friends, Letters of great men; and other temptations, which they lie open to who have not theſe obligations of Laws, and oaths to reſtrain their conſciences from tranſgreſſing: This proviſion hath in former times been a bulwark of that ſtrength, that it hath for many ſhocks withſtood the battery of an imperial mandate.

Beſides, thoſe that come to preferment in this manner, p. 43come to it in a generous way upon plea of right, or merit, have no temptation, much leſs dire enforcement (for counterbalancing the like proceedings of their corrival) to any ignoble ſollicitations of ſuch as have votes in the Election to come in purpoſely for them, or to favour their cauſe. For all at home are to be there of courſe, 'tis their duty, they cannot plead avocation to other aſſemblies: And he that ſhould ſeek to engage men that go upon oath to the Election of a particular Favourite againſt the Founders preſcript, would be look'd at as the vileſt Pander, and his motion by all men rejected with ſcorn.

7. We come not to our Election with our heads full fraught with multiplicity of affairs of another nature from that we have in hand.

8. In our Elections we continue from the beginning to the end (except it be rarely that one with leave ſteps out for a ſmall time) one firm ſtanding body, not fluent like that of a River, whoſe waters you cannot call the ſame for one hour together.

And we being the ſame perſons moſt what preſent at every meeting, have by that means the whole ſeries of all our tranſactions fixt in our underſtandings, can make each part from end to end agree with other, and can if need be, give an account of any thing done, a whole monethmonth or half year after.

9. Another excellent order we have, that in all Elections every man is to write in a ſheet of paper laid before us for that purpoſe, his own name, together with the name of the party he chuſes: which paper is to be laid up in the Colledge Treaſury, that ſo if complaint be made of any undue Election by tranſgreſſion of Statute or otherwiſe, it may appear who were the tranſgreſſors.

p. 4410. We are accountable for what we do to a higher power, where none of our body being Judges, there is not the leaſt temptation of intereſt to favour and patronize us in any our unjuſt actings.

11. He that is Elected by us, takes an oath to the obſervance of the Colledge Statutes, which is a great obligation to him in Elections afterwards, and all other tranſactions to deal uprightly: we our ſelves at our admiſſion did in effect the like; made a ſolemn promiſe in the preſence of God, that we would in our places promote piety, &c. with reſpect to all the good and wholſome Statutes of the Colledge.

But theſe put in by this Committee, come in upon us without any ſuch obligation upon them.

12. 'Tis our great intereſt to chuſe thoſe into our Societies that are every way the moſt deſerving for their piety, vertue, learning, and all other accompliſhments; they being like to be our conſtant companions, not only in our publike meetings, but convival diſcourſes, and more familiar privacies.

If any one of thoſe precious conditions our Founder ſpecifies be wanting in him we Elect, he proves within a ſmall time a prick in our eys, a thorne in our ſides, a ſcandal and infamy to our whole Corporation: And on the contrary, to have ſuch as are moſt eminent for their parts and vertues incorporated into our fraternities, is the great delight of our life, the higheſt improvement of our happineſs, and choiſeſt ornament of our Communities; to obtrude an empty dull ſoul or vicious perſon upon a Colledge Society, is to bind up the dead and the living together into one fagot.

When any one of a Colledg goes to perform his publike exerciſes in the Schools, all that whole Colledg are to attend him orderly in their formalities to the place; p. 45where if it be his ill hap to play the Dulman, all the whole Colledge are ready to bluſh, and almoſt hide their faces for ſhame; but if he perform his exerciſe like a rational man and a ſcholar, every one of the Society think themſelves ſharers with him in the glory.

Hence it comes to paſs that if there be anywhere a man of eminency, Colledges are ſometimes ready to fall into unkindneſſes through contention who ſhall have him.

Therefore we having beſides all theſe obligations by Statute, and all thoſe wiſe proviſions againſt partiality and packing, a ſtrong intereſt of our own to oblige us to regard vertue and true merit: the only way to have every Colledge repleniſhed with men of worth, is to leave them to their free Elections.

And if thoſe that ſtood Candidates for preferment, were but to be examin'd of their good affection to the Common-wealth, as well as of their learning & piety, and withall ſome obligations put upon the Electors, to have ſpecial regard to that amongſt other qualifications;**And the Maſters negative voice aboliſh'd. I know not then what could be wanting to make Colledge Elections the ſureſt ſtep to a moſt flouriſhing Univerſity, and every Colledgea Nurſery to ſupply the Common-wealth with choiſe and able ſpirits for publike truſts.

But I will not take upon me to preſcribe to your wiſdoms in the general; only tis my humble requeſt that, that face of the diſcourſe which looks with a particular eye upon our preſent controverſie may not be diſregarded; and further that if againſt what I have delivered, any material Objection be propounded by the Maſter of our Colledge or others, I may have the favour to be admitted to a reply.

This was as far as I can recollect it for ſubſtance, that which I was prepared to have ſpoken in the Colledges behalf, for making thoſe young Youths Probationers according to our ſtatute, and ſuſpenſion p. 46of our Maſters man; which well conſidered of, will I hope abundantly juſtifie what I have aſſerted in my Preface concerning that matter.

And I might, had I been then aware of it, have product another argument as ſtrong to the point as any of the former, viz. this moſt Honorable reſolve of the Committee it ſelf, which though entitled, through the Clarks inadvertency with an &c. cannot I think be judged the proceeed of any other Committee.

April. 11. 1650. At the &c. Ordered,

THat this Committee will not recommend any more perſons to Fellowſhips or ſchollerſhips in any of the Colledges or Halls, in either of the Univerſities reſpectively, where there is a competent number of Fellows to chuſe according to Statute.

Now if our Grant for Probationerſhip were to be null'd becauſe it croſt the firſt Order, and no Petition or proceedings upon it muſt be received to ſtand good againſt a preceding Order: then, how ſo many Petitions for Fellowſhips in our Colledge; (where we are a competent number of Fellows to chuſe according to Statute) and Orders thereupon iſſued out for diſpoſing of them to the Petitioners, can be valid againſt this generall order of a precedent date, is a thing I cannot poſſibly underſtand.

All what I have ſaid notwithſtanding, I did then fully acquieſce in the concluſion of the Honorable Committee, till about half a year after, upon the fence of the evil conſequences like to iſſue thence upon the great work of our Colledge Reformation, I was enforct once more to mind them of it: after which, my reſolution was, as having done my duty, to have ſitten down and ſlept in ſilence; but I have been awakened againſt my will, and 'tis only the dureſs of a harſh cenſure hath extorted from me theſe Remonſtrances.

I hope and much wiſh I may not have occaſion to write any more of theſe Subjects; being deſirous to withdraw mine eyes from beholding vanity, and retire back into my heaven of a contemplative life.

Charles Hotham.

ERRATA.

Page 5. l. 18. r. conferr'd. l. 28. r. hence. p. 12. l. 5. r. a tenant at will. p. 17. l. 4. for make r. declare.

FINIS.

End of the text · Charles Hotham, A True State of the Case of Mr Hotham (1651)