A True State of the Case of Mr Hotham, Letter
A True ſtate of the CASE OF Mr. Hotham, Late Fellow of Peter-Houſe; Declaring the grounds and reaſons of his Appeal to the Parliament, againſt the ſentence of thoſe Members of the Committee for Reformation of the Univerſities; who on May 22. laſt, Reſolv'd the writing and publiſhing of his book Intitled The Petition and Argument, &c. to be ſcandalous and againſt the Priviledge of Parliament; and himſelf to be depriv'd of his Fellowſhip in that Colledge.
Printed in the Year, 1651.
To every Member of the Parliament of the Common-wealth of England.
A true ſtate of the caſe of Charls Hotham of Peter-houſe, lately depriv'd of his Fellowſhip in that Colledge, by the Committee for Reformation of the Ʋniverſities.
Humbly repreſenting for the more full and clear underſtanding of the grounds and reaſons of his Appeal to the Houſe againſt their cenſure.
THat in the year 1644. The Univerſity of Cambridge, being by multiplicity of ejectments of Delinquent Maſters and Fellows, almoſt wholly depopulated, and there being a great want of men of reaſonable ſeniority, for the ſupply of thoſe many vacancies; he did, not of his own ſeeking, but upon ſeveral motions from ſome of that Colledge, and after near half a years deliberation, accept of a poor Fellowſhip in Peter-houſe, confered on him by authority of Parliament; which Fellowſhip he hath ever ſince that time ſtood ſeized of, with all the rights and priviledges thereof, as his juſt and legall poſſeſſion; and hath, as he can well make it appear, demean'd himſelf in that charge both as becomes a Chriſtian, and a faithful member of that Colledg and Univerſity, and of the Common-wealth of England; whoſe intereſt he hath always to this day zealouſly promoted to the utmoſt of his power.
That in purſuance of the ſame Common-wealth intereſt, he did on the 27. of March laſt paſt, prefer a Petition to the Honourable, the Committee for Reformation of the Univerſities, againſt the negative voice of the Maſter of that Colledge; and for the fuller extirpation of that deſtructive power of one man over a Community, did pray of that Committee, that a remedy might be granted the Colledge agreeable to what was granted by Parliament to the Common Councel of the City of London, in the year 1648. againſt the negative voice of the Lord Mayor of that City.
That on April the tenth laſt paſt, being the day appointed for taking his Petition into conſideration, he did (as he humbly conceives) make it appear before the ſaid Committee, that the Maſter of the Colledges claim to a negative voice, was not at all warranted by the Statutes of the Univerſity rightly underſtood, and was beſides contradictory both to the Founders intention expreſt in the Statutes of the Colledge, the grounds of our war againſt the late King, the common Law of reaſon, and the intereſt of a Common wealth. And that to the taking away the many ſad inconveniencies of the negative voice, the remedies by him Petition'd for, were of little leſs then abſolute neceſſity, being no other in ſubſtance, then what the wiſdom of Parliament had thought fit to be granted in a parallel caſe to the City of London, where yet the danger was not ſo great, as in our ſmaller Corporation; their chief officer being annually changeable, and new elected to his truſt; but ours, one and the ſame during the whole term of life.
And he was hopeful that theſe his endeavours would have procured a ſpeedy and effectual redreſs of that fundamental grievance of the Maſters negative voice; and his power of calling or diſſolving of meetings, and propounding or refuſing of queſtions at his own only pleaſure.
But the Committee (poſſibly not having power to go further) were pleaſ'd, that day, onelyonly to make a reſolve of taking a view of the Statures of every Colledge throughout both Univerſities, that they might be reduc't to ſuch a ſtate, as might render them moſt conducing to the advancement of true piety, and the intereſt of a Common-wealth; and did then appoint a ſub-Committee of their own members, or any three of them to meet, conſider, and make report concerning the ſame; ſome of which about 15 days after, did meet, and give order, that the Heads of Colledges, and officers intruſted with the government of the Univerſities for the time being, ſhould ſend them tranſcripts of the ſaid Statutes; and ſhould likewiſe themſelves meet, and propoſe to them their opinions of what they ſhould find in the ſaid Statutes prejudicial to Religion, piety, learning, good manners, or the preſent government, or of any defects in the ſaid Statutes, and the beſt remedies for ſupplying them.
Which way of proceeding, however intentionally good in thoſe worthy Gentlemen of the ſub-Committee, yet he fear'd that through the ſuggeſtions of the Maſter of the Colledge reſiding in London, and his aſſiſtant Mr. Byfield, together with ſome Colledge impediments, would prove a way of prolongation and perplexity, tending to the wearying out of thoſe that were really deſirous of reformation, and rendring all their endeavours fruitleſs; The ſuppreſſion of a negative voice, though the main ſcope of the Committees firſt reſolve, being not once mention'd in that Order: and it being beſides very unlikely, that the Head of our Houſe, whoſe concurrence was as to our Colledge ſpecially required, would be inſtrumental to the abatement of his own prerogative.
Whereupon knowing of what great concernment it might be to ſome principal points of the Reformation reſolv'd on, that both the firſt Reſolve, and the occaſion upon which it was made, ſhould be publikely known by all that were to be actors in it; he did (for the better information both of the Univerſities, and very many Members of the Committee not preſent at the making of the firſt Reſolve) publiſh in print his ſaid Petition and Argument, with a full hiſtorical Narrative of that days proceedings, as to that Colledge, of which he was a member, together with two Prefaces, the one to the honourable Committee, the other to the Society.
In the former of which he did with all due reſpect, and in humble manner, make to the honourable Committee, a diſcovery of ſuch obſtructions as he conceiv'd would retard them in this way of their intended reformation; And was hopeful that his publiſhing thereof, would both have appear'd a neceſſary and acceptable ſervice, and have procur'd a removal of thoſe obſtructions. But the contrary ſoon appear'd.
For no ſooner was his book publiſh't, but it was on their very next ſitting day complain'd of in that Committee; and was by them referr'd to a ſub-Committee of divers of their Members, or any two of them, to conſider of the ſaid book, and report their opinions concerning the ſame on May 29th next enſuing; which he hearing of, did on that day preſent himſelf before them: And being ask't the queſtion, did (except in ſome inconſiderable eſcapes of the Printer) own the book; Whereupon he was commanded to withdraw. And immediately (upon one or two of the ſub-Committees report) without his being at all call'd to hear any charge, or make anſwer for his defence, his writing and publiſhing of his book was adjudged ſcandalous, and againſt the priviledge of Parliament; and he to be depriv'd of his Fellowſhip in the ſaid Colledge, which at their very next ſitting was confer'd upon another. Which extream hard meaſure, not uſually proceeding from Committees of Parliament, he cannot but impute to the evil influences of the Maſter of the Colledge, and of his officious agent Mr. Byfield, who though no member or officer, either of the Univerſity, or of that Committee for Reformation*Some employment he hath at the Committee for augmentations, ſitting on wedneſdays: but when they ſit as a Committee for Reformation of the Ʋniverſities on Thurſdays, he hath (as far as I can learn by any means) no pretence of office there, but is a meer intruder: and therefore being no ways entruſted by the Ʋniverſity, nor call'd to it by the Committee, his uncivil intruſion into their privacies, together with his other intermedlings, renders him juſtly ſuspected., yet intrudes himſelf to be preſent, a hearer and ſpeaker in their private debates, even in ſuch caſes wherein he hath pleaded as a party, and when thoſe moſt concern'd to be preſent, and could give trueſt information, have been commanded to withdraw. And hath further ſometimes endeavour'd to intrude his alloy into the penning of their orders.
Of which ſtrange cenſure and proceedings againſt him he is the more ſenſible, becauſe he knoweth in his own conſcience that he hath in theſe his repreſentations of truth to the honourable Committee uſed much candor; and hath been very tender and careful of not giving them any juſt cauſe of offence; and is as yet altogether ignorant that his book containeth any thing of that nature; there being nothing therein but what he verily believes he is able upon an indifferent hearing to make appear to be conſiſtent with truth, and with that reſpect due to ſuch an honourable Aſſembly; and much tending to the advancement of the true principles and intereſt of the Common-wealth of England. Nor doth he know that he hath done any thing againſt the priviledge of Parliament; and is certain he ſhould have been very careful to have avoided any thing tending thereunto, had he been ſo happy as to have had any means of knowing what thoſe priviledges were.
And in all humility wiſheth they were publiſh't to the whole Nation, that other men might not be thus ſplit (as it hath been his hard lot to be) upon rocks under water. And he is further wholly unſatisfied how ſo great a power can be in that Committee, as to enable them to adjudge that ſcandalous, and againſt the Priviledge of Parliament at their own private diſcretion, which no precedent Law, Act, or Declaration of Parliament hath manifeſted to be of that nature; or to deprive any man of his juſt and legal poſſeſſion, whether deſcended to him by the ordinary courſe of Law, or confirm'd upon him by authority of Parliament, without due triall and conviction for ſome offence puniſhable with ſuch forfeiture; An arbritary power in any Court of Judicature having been always accounted (as in the High-Commiſſion, Star-Chamber, &c.) a grievance of the higheſt nature, and the ſame declared by the Commons in Parliament, April the 17th 1646. (when the Aſſembly of Divines deſir'd ſuch a power to be inveſted in their Presbyteries) to be inconſiſtent with the fundamental Laws and government of this Nation.
Yet that theſe their proceedings againſt him were wholy arbitrary, may here appear in that he was neither by thoſe of the ſub-Committee, which were appointed to conſider, and report their opoinons of his book, nor by the Committee it ſelf, once call'd to hear any charge, or to make his defence, as to any ſcandalous matter contain'd in his boook; or any thing therein tending to the infringement of the priviledge of Parliament, or any Law by him trangſgreſt in the writing or publiſhing thereof.
Their only charge laid againſt him in his abſence, as is atteſted by their publick officer, was verbatim as followeth.
The Petition and Argument of Mr. Hotham, The book though Without a name, owned by him, diſperſed by him, his Letters about it. Epiſtle to the Committee, His Argument againſt the Order of the ſub-Committee, p. 4, & 5.
This I ſay, that that power which can eject a man out of his legal poſſeſſion for a miſdemeanor of a date of near two years old committed and puniſhed in the days 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, p. 45, 46.
Gilb. Millington. Peter Temple.
To which though he (being not ſuffer'd to be preſent at their making the report) holds himſelf no ways oblig'd to make anſwer: yet for the better vindication of his integrity, he cannot but take notice
1. That it ſeems ſtrange to him the book ſhould be ſaid to be without a name, his name being prefixt both in the very front of the Title page; and to each of thoſe two ſeveral Prefaces, in both of which he own'd the whole book.
2. For his owning and diſperſing the book, by ſending Copies with Letters to Members of the Committee, till the book it ſelf be duly proved and adjudged ſcandalous, he hopes will be accounted no crime; and for his Letters about it, he appeals to thoſe Gentlemen themſelves to whom they were written; and requeſts of them that favour, that if there were in them any ſcandalous or unſeemly expreſſions, it may be declar'd before the whole Houſe.
Concerning his Epiſtle to the Committee and Argument (as the Reporters ſtile it) againſt the order of the ſub-Committee, he hopes the prefacing to the one, or in a fit manner repreſenting to the other the inconveniencies or imperfections of their order was a thing not at all contrary to any Law of the Land, or of common reaſon; books having been uſually put forth with Prefaces Dedicatory to the Parliament it ſelf, with many Petitions repreſenting ways of Reformation, diverſe from their preſent proceedings.
The only offenſive paſſages cull'd out of the whole book by the reporters, are pages the 4 and 5 of the Preface, and page 46 of the book it ſelf: All which ſeem to reflect either upon Mr. Byfield, or upon the Committee, or ſub-Committee themſelves.
As for Mr. Byfield, he being already prov'd to be a meer intruder, or, as the Apoſtle phraſes it, a buſie body in other mens matters, no reaſon why he might not be made bold with; and if he were reſembled to that Switzer, who by his tall ſtature, and grave aſpect, ſumptuous coat, and guilded halberd (which the Country fellow might poſſibly take to be a Royal Scepter) together with that imperial power he exerciſed in knocking away the rude multitude from the gates, and thoſe many low congies that were made to him for admittance into the Court, was by the Idiot miſtaken to be the King himſelf; its a ſimilitude will hold water in the moſt material circumſtances.
For that this man is by many of the Univerſity and others look't at as a great man, and ſought to by moſt of thoſe that make addreſſes to that Committee, is a thing will not be denyed by any; and much diſputing there hath been both in the Univerſity and elſewhere, under what notion, or in what relation he was ſo conſtant an attendant there: ſome ſaid he was the Clerk, ſome a member of the Committee, others that he ſtood there to repreſent the Aſſembly of Divines, whoſe Scribe he once was. The only grand circumſtance the ſimilitude fails in, is, that to ſtand at the gate was the Switzers office, being its like the Porter: But that Mr. Byfield hath not ſo good plea for his officious attendance.
To all which if you add this further, that he is generally reputed to be a man of a meer Kirk intereſt, and attending there to promote it (of which you have a taſte in that ſpeech of an obſerving man in our Colledge quoted page 3. of the Preface) he hopes 'twill not be thought ill ſervice to have given the Committee notice how by this mans intruſions, a general diſrepute was in danger to be caſt upon their whole proceedings.
And for charging upon him a ſuſpicion of having had a finger in the penning that Order of the ſub-Committee, 'twas not altogether groundleſs, he having been in a former caſe deprehended in the very manner, groſly tampering, as may appear by the following atteſtation of one of our Colledge, who was preſent with me at the diſcovery.
When Mr. Hotham and I came to Mr.Needler for the Order concerning Probationerſhip, granted upon our Petition the day before, by the Honourable Committee for Reformation of the Ʋniverſities; and having read it over, told him, it was not drawn as we conceived according to the ſenſe of our Petition, or the Committees grant: One that was then with Mr. Needler, anſwered, it was well enough before Mr. Byfield cauſed it to be altered, and put into thoſe terms. Thereupon we deſired Mr. Needler to give us a ſight of that Order which was firſt drawn, which he ſpeedily brought to us, and told us he had drawn it up according to the ſenſe of the Committee, but that the other which Mr. Byfield cauſed him to draw ſeemed to him nonſenſe.
Ita teſtor James Clark.
Therefore having theſe juſt grounds of ſuſpicion, that thoſe deficiencies in that Order might probably have their original from the ſame fountain; he might wel think it his duty to manifeſt them.
And for the Order it ſelf, he hopes 'twill appear enough out of what he hath expreſs'd in the ſecond and third pages of his Preface, that his deſign was not to carp at, but applaud it. And as for thoſe obſtructions pointed at, he leaves to any indifferent man to judge, whether they were not really ſuch. As,
1. Whether the not ſending down to the Univerſity (being now call'd in to act their parts in the Reformation) a tranſcript of the Committees firſt Reſolve; or at leaſt the ſuppreſſion of its very life and ſoul in this ſecond Order, by an exchange of that vivacious and clear phraſe of [Advancement of the intereſt of a Common-wealth] into that low … expreſſion of [Prejudicial to the preſent government] were not (though far from thoſe Gentlemens intentions) in its reality a miſt caſt before the eys of the Univerſities, and tending naturally to make them ſet up their reſt in the mid way of their journey?
2. Whether the Maſter of the Colledges concurrence being requir'd as a principal ingredient in preſenting of matter for the Reformation, and yet he ſuffer'd to reſide at London, where he had ſuch large opportunities of obſtructing it; and beſides the ſting of his Negative voice not yet taken from him, were not of probable danger to envenome or obſtruct its progreſs?
3. Whether a company of young unexperienc'd Novices, moſt devoted to the Maſters intereſt, inveſted (by their being made compleat Fellows a year before their time) with equal power in this grand tranſaction with thoſe of ancienteſt ſtanding, and experience; and theſe probable to be abetted by the Maſters power at London, were not a juſt diſcouragement to our Colledge from acting their parts?
And for what was there alledg'd by him of theſe lads neceſſary ignorance and inexperience in Colledge affairs, and Statutes, of their incapability of that power of acting as compleat Fellows by our fundamental Statutes, of their being by their ſeveral relations and obligations to the Maſter moſt devoted to his intereſt, and of the ſtrong probability there was that they would act according to his private inſtructions; theſe things falling moſt properly within our Colledge cognizance, he dare appeal to the conſciences of all there preſent, whether he hath not ſpoken the truth; and humbly propounds whether they of the Colledge are not the moſt competent judges of the truth or falſhood of this aſſertion.
But how theſe Novices came to be inveſted with that extraordinary power amongſt us, becauſe in that paſſage he hath ſeem'd to be moſt bold in reflecting upon the Committee it ſelf; he hath annexed hereto a full account of the whole proceedings of that controverſie.
To that excerpt out of the latter end of his book he might alledg,
1. That that ſhort Apologetical preamble with which 'twas uſher'd in, and which might have procur'd a more favourable aſpect on the whole ſentence, is by the reporters cut off, viz. theſe words [though I will not take upon me to enquire into the hidden myſteries of a ſuperiour power] yet this I ſhall ſay, &c.
2. That his very words are alter'd, which were not [this I ſay] but [this I ſhall ſay.] Upon which exceptions though he laies not much ſtreſs (being reſolv'd to make uſe of point-blank reaſon, not any Leguleian ſhifts to vindicate his integrity) yet he appeals to any indifferent man whether ſuch omiſſions ſmell not ſomething of a deſire to prejudice him.
But take the words as they are ſet down by the Reporters themſelves, and he dare appeal to the conſciences of all Engliſhmen, whether they are not a clear truth; viz. This I ſay, That power which can eject a man out of his legal poſſeſſion for a miſdemeanour of a date of near*'Twas near three years. two years old, committed and puniſhed in the days 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.
Laſtly, he humbly propounds to your conſideration the nature of the Commiſſion directed from the Committee to theſe Gentlemen of the ſub-Committee, or any two of them, which was not to conſider of the book, and onelyonly to cull out matter of accuſation, but to report their opinions of the whole, under which conſideration would have fallen naturally theſe queſtions;
1. Whether thoſe impediments of the Reformation he gave the Committee notice of, were not really ſuch?
2. Whether thoſe things objected againſt Doctor Seaman and Mr. Byfield, might not be prov'd to be conſiſtent with truth, and of good uſe to be enquir'd into?
3. Whether
1. That treacherous dealing of the Maſter of the Colledge in hindring us of an Election we deſir'd, upon pretence of keeping the Fellowſhip vacant for Colledge debts, and yet giving way to his own man to get it to himſelf.‖Beſides the taking with him to London a Letter, in which were ſome expreſſions of ſeeming, prejudice to the Colledge, and to give it in to Mr. Byfield to have pleaded it if need were in his mans behalf againſt the Colledge Title: Which Letter being delivered to him in a Colledge meeting, he haſtily upon the reading put up in his peeket, refuſing to leave it to be kept either by him to whom 'twas written, or by the Preſident, among other papers of publike concernment.
2. And afterwards in another Election inſtead of coming down to be preſent, or acquainting the Fellows before the Election, with what particular exceptions he had againſt the perſon in view to be Elected; to appear after the Election, with his exceptions before the Committee, in effect as an enemy, and accuſer of the Preſident, and Fellows for Electing him.
3. And laſtly, his refuſal ſo much as to joyn in a Petition, that one made Pellow by the Committee, who had not long before publikely in the face of the whole Colledge, parallel'd the Parliament with the plotters of the Gun-powder Treaſon, might ſtand Probationer for one year according to our Colledge Statute, were not high breaches of his truſt to the Colledge; and of his engagement to be true and faithful to the Common-wealth of England; and he for this and the former cauſes deeply meriting to be remov'd from his office of the Maſterſhip of that Colledge?
4. And principally, whether his Argument againſt the Maſters Negative Voyce, with thoſe other appendant powers there mentioned, were not full fraught with reaſon and convincing evidence, that they ought to be declar'd againſt and aboliſh't: and whether both in the Prefaces and throughout the whole Book it ſelf, a ſtrong endevor towards the promotion of true Parliamentary Principles and advancement of a Commonwealth intereſt were not moſt viſible and apparent?
And therefore for the Reporters without once taking notice of any one of thoſe moſt materiall points of inquiſition, or giving their Opinions of the whole, to fix only upon a few paſſages of the Preface and Concluſion conceived moſt obnoxious to Cenſure, and to repreſent thoſe only to the Committee that entruſted them with the conſideration of the whole Book: he humbly leaves it to the judgement of every Member of Parliament, whether it were an indifferent diſcharge of their Commiſſion, or rather the purſuance of a deſign both to ruine him, and diſcourage others from ever appearing for that true Commonwealth-reformation by him contended for.
Therefore finding thus contrary to all expectation his faithful endeavours for the advancement of the Commonwealths intereſt (in the extirpation of that root of tyranny, a Negative voyce) thus ſuppreſt, his perſon diſgrac'd, his ſincere affection to the Parliament miſrepreſented, his good intentions and endeavors for publike good miſconſtrued, and his legal poſſeſſion wherein he might have been further ſerviceable, thus taken from him, having no hopes of redreſs there, where unheard he hath been condemn'd, and where he hath cauſe to fear the malice of his adverſaries hath been too operative, he hath taken the boldneſs (and craveth leave) to make his Appeal from the proceedings and cenſure of that Committee, unto the Supream Juſtice of this Honorable Parliament, in full aſſurance,
That you will be pleaſed to take into your own ſerious conſideration, the manifold prejudices of a Negative voyce, and thoſe other deſtructive powers of the Maſter of the ſaid Colledge, largely ſet forth in this Book, to which he humbly referreth. And that you will aboliſh the ſame for ever, as you have done in the City of London 'its abolition in a publike Nurſery of youth, being (as he hopes he hath in that Book demonſtrated, pag. 22 23.) of moſt eminent concernment to the whole Nation.
2. That you will ſadly lay it to heart, in what an unſure condition the freedom of every Member of the Commonwealth of England ſtands, if like Tenant at will he may be at the pleaſure of a Committee, upon a meer general pretence of ſcandal, or breach of Priviledge, not declar'd ſuch by any precedent Law, thruſt out of that poſſeſſion or office he enjoys as his Freehold, whether by ordinary legal diſcent, or Parliamentary authority.
3. And withall in numerous Committees, where no particular member is neceſſarily required to be preſent, but any five, or the like ſmall number ſuffices to make a Quorum; how eaſie it is in Committees ſo conſtituted for any juſt and innocent man to be oppreſſed by a few miſinform'd members, while others, either not knowing, or not regarding, or by their neceſſary diverſions in other Committees, are inforc'd to be abſent. And how if timely care be nor had for prevention, it may come to be many of your own caſes …
4. That you will pleaſe to conſider how probable 'tis that nothing but his conſtant and open appearances for Commonwealth principles may have been the true original of theſe exaſperations of ſome againſt him: and how great diſcouragement muſt needs fall on your cordial friends both in the Univerſities and elſewhere, where his conſtant good affection to the Commonwealth, atteſted in the following Certificate, (B) under the hands of many eminent and well known perſons in the Univerſity; and abundantly expreſs'd in that very Book he is condemn'd for, and theſe unheard of proceedings againſt him hereunto annex'd, (A) ſhall come to be compared together.
And how great a colour it will give to enemies to calumniate your Authority if you ſhall ſuffer an Endeavourer after the beſt Reformation to fall under the like doom with that of the rebuilder of Jericho.
And laſtly, That upon a due conſideration of the premiſes, you will be pleas'd to uſe your particular endeavour, that his Petition now in the hands of a worthy Member of the Houſe may be taken into ſpeedy conſideration.
Charls Hotham.