Corporations Vindicated, Texts

Corporations Vindicated · Texts

p. 25Vicesimo Octavo Februar. 1648.

An Act of the Commons of England in Parliament assembled, for removing Obstructions in the proceedings of the Common-Councel of the City of London.

THe Commons of England in Parliament assembled, do enact and ordain, and be it enacted and ordained by the Authority aforesaid, that in all times to come, the Lord Maior of the said City of London, so often, and at such time as any ten or more of the Common-Councel-men do by writing under their hands, request or desire him thereunto, shall summon, assemble, and hold a Common-Councel. And if at any time, being so required or desired, he shall fail therein, then the ten persons, or more, making such request or desire, shall have power, and are hereby authorized by writing under their hand to summon, or cause to be summoned to the said Councel, the members belonging thereunto, in as ample maner as the Lord Maior himself usually hath done. And that the members appearing upon the same summons, being of the number of forty, or more, shall become a Common-Counsel. And that each Officer, whose duty it shall be to warn in, and summon p. 26the members of the said Councel, shall perform the same from time to time, upon the Warrant or Command of ten persons or more so authorized as aforesaid. And it is further enacted and ordained by Authority aforesaid, that in every Common-Councel hereafter to be assembled, the Lord Major of the said City for the time being, or in his absence such Locum tenens as he shall appoint, and in default thereof, the eldest Alderman present, if any be, and for want of such Alderman, or in case of his neglect, or refusal therein, then any other person, member of the said Councel, whom the Commons present in the said Councel shall chuse, shall be from time to time President or Chair-man of the said Councel, and shall cause and suffer all things offered to, or proposed in the said Councel, to be fairly and orderly debated, put to the Question, Voted and determined in and by the same Councel, as the major part of the members present in the said Councel shall desire, or think fit: and in every Vote which shall pass, and in the other proceedings of the said Councel, neither the Lord Major nor Aldermen, joynt or seperate, shall have any negative or distinct Voyce or Vote, otherwise then with and among, and as part of the rest of the members of the said Councel; and in the same manner as the other members have: And that the absence and withdrawing of the Lord Major or Aldermen from the said Councel, shall not stop or prejudice the proceedings p. 27of the said Councel. And that every Common-Councel which shall be held in the City of London shall sit and continue so long as the major part of the Councel shall think fit, and shall not be dissolved or adjourned, but by, and according to the order or consent of the major part of the same Councel. And that all the Votes and Acts of the said common-Councel, which was held 13. Januarii last, after the departure of the Lord Major from the same Councel. And also all Votes and Acts of every Common-Councel hereafter to be held, shall be from time to time duly Registred as the Votes and Acts of the said Councel have used to be done in time past. And be it further enacted and ordained by the authority aforesaid, that every Officer which shall sit in the said Councel, shall be from time to time chosen by the said Councel, and shall have such reasonable allowance or salary for his pains and service therein, as the Councel shall think fit. And that every such Officer shall attend the said Common-Councel: And that all Acts and Records, and Register-Books belonging to the said City, shall be extant to be perused and searched into by every Citizen of the said City, in the presence of the Officer who shall have the charge of keeping thereof, who is hereby required to attend for the same purpose.

Hen. Scobel Cler. Parliament.

p. 29TO The Honourable, the Committee for Reformation of the Ʋniversities. The Humble Petition of Charls Hotham, Fellow of Peter-House in Cambridge.

Sheweth,

THat whereas in all Societies of men incorporate, great evils do usually arise from the too exorbitant power of their chief Officer, not annually elected to his Trust; the sad experience whereof our Colledge hath of late felt, the Master assuming to himself, or his President (if present) the sole power of Convocating and dissolving of publike Meetings, and proposing of Questions at his own pleasure; and sometimes refusing to act according to the determination of the major part; and all this onelyonly for want of our Founders sufficiently expressing his p. 30minde in a Statute of our Colledge; wherein he Wills, that the Master should in the Arduous affairs of the Colledge, consult with the Fellows in Common, and stand to the determination of the major and sounder part, but hath through the uncertainty of the last expression, left a gap open to the exercise of an Arbitrary power; and besides, constituted no penalty to the Master at any time, upon sinister ends, refusing to do his duty in that kinde, nor provides the Colledge of any way for calling of Meetings, or making of Acts in form valid, without his, or his Presidents concurrence.

And seeing the Parliament hath always adjudged this unlimitted power in the supream Officer of the Nation, of a dangerous and destructive nature to the Weal publike, and hath further proceeded so far, as to restrain the same in the City of London, where yet the danger is 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 his life.

May it therefore please this Honorable Committee, for prevention of future mischiefs, and for Caution p. 31that this root of Corruption left in one of the ancientest Fountains of youths education do not spread out its pernitious branches to gangrene the whole Nation. To Ordain, That from henceforth the Master shall not assume to himself, or his President, such an exorbitant power, but that he or his President, or the Senior Fellow of those present at home, shall at any time, upon the desire of two of the seven Senior Fellows, left with him in writing under their hands, call a meeting at some seasonable time, within forty eight hours after their desire so signified; and shall at that, and all other meetings propose to the Society such questions as the major part shall think fit, and not dissolve any meeting without consent of the major part: And lastly, shall not assume to himself any Negative or distinct voice, otherwise then as one member of the Assembly, and in the same manner as other members have, but shall according to the duty of his place duly and without delay put in execution the determination of the p. 32said major part, and all this to be establisht under a sufficient penalty; the want of which is the greatest encouragement to mortal men to offend: And that in case the Master or his President, or Senior Fellow then present, shall refuse upon such desire of two of the Seniors, as abovesaid, to call a meeting, then they themselves to be authorized to call a meeting; and such of the Fellows as shall meet upon their summons, if there be above seven then at home, to be impowred to chuse a President for that time, and to be a Colledge Assembly to all intents and purposes; And what shall pass in such Assembly so Convocated by the Senior Fellow of those present at home, or the two Seniors above said, to be reputed an Act of the Colledge, as valid, as if the same meeting had been Convocated by the Master or his President: And because great inconvenience may oft ensue by the Master and his President, being both absent together, our Statutes having in such case provided the Colledge of no Governor p. 33in chief. Your Petitioner doth further pray, that it may be ordained,

That in case the Master and his President, shall be both absent, that then the Senior Fellow of those present at home, may, till the Masters, or his Presidents return, be impowred as President, to all intents and purposes, as if he were by the Master nominated, and appointed to that Office.

And your Petitioner, with the whole Colledge, delivered from the oppressions and usurpations of an Arbitrary power, by the Wisdom and Justice of this Honorable Committee,

Shall ever pray, &c.

p. 34This Petition was first presented and read before the Committee March 27. at which time Doctor Seaman urg'd that this controversie would concern the whole University, and therefore was unfit to be singled out alone, but rather should fall in with the consideration of the whole bulk of the Colledge and University Statutes now under consideration of the Committee of Visitors at Cambridge; but the Committee then looking at this as a dilatory subterfuge, accepted of the Petition, assign'd a day for taking it into further consideration, granting me summons for such of the Society as I desir'd for Witnesses in case of need. The Master having the like liberty to nominate whom he pleas'd, but pitch'd upon none. This was the Order.

March 29. 1651. At the Committee for Roformation of the Ʋniversities.

ORdered, that the Petition of Mr. Charls Hotham, Fellow of Peter-house in the Ʋniversity of Cambridge, this day presented to this Committee, be taken into consideration on this day p. 35fortnight, and that Dr. Francius, Mr. Clerk, Mr. Brock, and Mr. Samms senior, Fellows of the said House, do in person attend this Committee, to inform this Committee of what they know concerning the matter of the said Petition, and that in the mean time the Master and Fellows of the said House have a Copy of the said Petition if they think fit.

James Chaloner.

On the day appointed, being April 10 being desirous to have the cause heard at as full a Committee as might be, I attended some time in the Hall with this following Petition for a revival of the business.

To the Honorable Committee for Reformation of the Ʋniversities. The Humble Petition of Charls Hotham, Fellow of Peter-House.

Sheweth,

THat whereas your Petitioner on the 27. of March last past having represented to this Honourable Committee the great inconveniencies redounding to that Colledge, of which p. 36he is a member, from the too exorbitant power exercised by the Master of the said Colledge, for want of our Founders sufficient declaration of his mind in a Statute, wherein he willeth that the Master shall in arduis Collegii, consult the Fellows in common, and stand to the judgement of the major and sounder part: For the more full and certain execution of which Statutes, your Petitioner did humbly pray, That such remedies as were in that Petition specified, might be ordained by the wisdom of this Honorable Committee.

Upon which desire of your Petitioner, it was then Ordered, that the said Petition should be taken into consideration on that day fortnight, and that Dr. Francius▪ Mr. Clerk, Mr. Brock, and Mr. Sams, Fellows of the said Colledge, should be required to attend here in person, to inform this Honorable Committee what should be thought requisite concerning the matter of the said Petition.

Now therefore your Petitioner doth humbly pray, that this being the day appointed for the said hearing (and the Fellows of the Colledge p. 37which were summon'd being here in person, ready to attend the pleasure of this Honorable Committee) that the said Petition may be again read, and your Petitioner may be heard to make good his Petition, by such proofs of reason, or witness, as the nature of the thing shall require; And your Petitioner, as in duty bound, shall in all humility await such sentente, as shall upon full hearing of all parties concerned be awarded by the Wisdom and Justice of this Honorable Committee.

And shall ever pray, &c.

But this short Petition prov'd useless; for my former large Petition was resum d without any motion of mine, and much sooner then my expectation.

But after the first clause of the Petition was scarce read, Doctor Seaman interpos'd a motion, that the further reading of it might be suspended, till a private business, which he said was the true original of all these commotions, were first heard. So the Petition was at his motion laid aside, and the private p. 38business first brought upon the stage: the issue of which, falling out strangely to his content, the Committee was made believe this was the substance of the whole controversie; there needed now no farther hearing of the publick Petition.

Now as for that private business, seeing he hath christened it with the name of publick, I have at the latter end of this Narrative made it publick for his sake.

But nothing discourag'd with this unexpected event of that dispute, I went in again to the Committee, informed a noble Gentleman there present, I had a Petition there of great concernment, which I desired might be read, and my self heard speak to it. So at his motion the Petition was resumed.

After 'twas read, Dr. Seaman, I think, first spake something to it; but to what effect, I have utterly forgotten, and shall be glad to be remembred of it by himself.

When he had done speaking, I mov'd the Committee, that for laying a clear foundation, whereupon to ground the debate, he might be askt the question, Whether he laid claim to a negative voyce, or not.

p. 39His answer was, first, that he did not desire to answer to any question, till commanded to it by the Committee; but pausing a while, and perceiving by a general silence of all the members, that a more full answer was expected, He still subtilly declining an answer to the question, tells them we had many sorts of Colledge-meetings; that the Master was sometimes to consult with the Deans onelyonly, sometimes with 5 or 6 of the Seniors; but in the arduous affairs of the Colledge, he was to consult with the Fellows in common, and to stand to the judgement of the major part. This now seem'd, at first view, a clear acknowledgement of his being bound up in the major part, in meetings of the whole Society present.

And any man not acquainted with his methods, would have thought the controversie had been at an end, and that the Doctor was scandall'd in my so much as intimating that he had laid claim to a negative voyce.

But as 'twill appear, he meant nothing less. For first, though he acknowledged himself bound in arduis to consult the Fellows in common, yet nothing appear'd, but that he still reserv'd p. 40the judgement of that arduity as a prerogative within his own brest; so that the Society for meetings, though never so much needed, must depend upon his pleasure, which was one of the chief grievances, against which a remedy was petition'd for.

Secondly, notwithstanding his seeming acknowledgement of being tied by the major part; yet being further urg'd to declare whether he did not from that additional expression in our Statute of the sounder part, challenge to himself a decisive judgement which was the sounder part, so as that he might judge the lesser part the sounder, and be thereupon absolv'd from standing to the judgement of the major part; he could then keep himself in the darkness no longer, but produc't two Statutes for his negative voyce. The one, extending onelyonly to the proof of his negative voyce over the two Deans, was an interpretation made a hundred and fifty years, or more, after the first compiling of our Statutes. In these words, Item si aliquid ex Statuto sit determinandum per Magistrum, & Decanos concernens eorum officia, si Magister Collegii, & unus Decanorum p. 41aliquid decreverint, stabit pro rato, & si duo Decani decreverint, & Magister Collegii non concesserit, pro nullo habeatur. Moreover if any thing be to be determined according to Statute by the Master and Deans by vertue of their office: If the Master of the Colledge and one of the Deans decree any thing, it shall stand as valid: and if the two Deans shall decree, and the Master of the Colledge not Consent, it shall be accounted null and void.

But this prov'd not at all a negative voyce over the major part of the Fellows assembled in a meeting.

The other (being the main pillar of his cause) was the University Statute, which he read to the Committe in these words.

In omnibus & singulis electionibus tam Sociorum, Discipulorum, Scholarium, Officiariorum, Lectorum, reliquorùm{que} membro…um cujus{que} Collegii, quàm in omnibus & singulis locationibus, & concessionibus quibuscun{que}, necessariò requirendus est Magistri sive Praepositi illius Collegii assensus & consensus. Et quod bene licebit Magistris sive Praepositis Collegiorum, in suis Collegiis, si quando illis necessarium videbitur, omnes illas p. 42poenas exercere in delinquentes, quas aliquis Officiariorum illius Collegii per Statuta ejusdē Collegii imponere possit. In all and every election, as well of Fellows, Scholars, Officers, Lecturers, and other Members of every Colledge, an in all and every letting and concession whatsoever, the assent and consent of the Master of the Colledge is necessarily to be required: and that it shall be lawful for the Masters or Provosts in their several Colledges to inflict upon offenders all those penalties which any of the Officers of that Colledge may impose by the Statutes of the same Colledge.

These Statutes he said (but proved it not) were confirm'd by Act of Parliament: To which 'twas answer'd, That its true, the University Charters were confirm'd by Act of Parliament, but as I believ'd, not the Statutes; no further confirmation that I know of appearing, more then by the same Commissioners, who reviewed our Colledge—Statutes; which as far as I knew, there was as good ground to believe were confirmed by Parliament, as those of the Uuniversity.

He further added, that that which I p. 43charged as a fault upon him, viz. the relying upon his own wisdom, I was chiefly guilty of it my self, in preferring a Petition of my own head, without first asking the advice and consent of the Fellows, who did not appear any way to own it: to all which allegations of his, my answer, directed to the Chairman of the Committee, was as follows.

SIR,

I acknowledge it may to this grave Assembly seem strange, and perhaps something smelling of presumption, that in a business wherein the good of the whole Colledg is pretended to, one man onelyonly should appear to own it, and he neither the first nor second Senior of the Colledge, nor yet publickly employed by the Society for the making of such attempt: But I hope if the high consequence of the matter presented, and greatness of the person, or rather interest to be opposed, and how unwilling men of prudent and suffering spirits have alwaies been to engage themselves in high contests, and how loth modest men are to ask that which they think may probably be denied p. 44them, be well considered, this wonder will soon cease. And to take away the imputation of presumption, I have onelyonly this to say, that had I known of any man that would have taken upon him this task, I should most willingly, according to that man directions, either have sitten still, or seconded him in the meanest of services tending to the advancement of this cause. But I knew of none, & besides, had, above the rest of the Society, these special engagements obliging me to this endeavour.

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

Secondly, our Colledge-statute requires every member of the Colledge, even after his departure, (much more during his abode) that in way of a grateful acknowledgement of that much p. 45good he hath received there, he should endeavour the preservation of the Colledge-rights to the utmost of his power.

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

Thirdly, 'Tis a thing well known to all I have ever converst with, that I have ever since the first beginning of these civill wars, and that in the most hazardous times, when the generality p. 46even of the Parliaments party stood inclinable to a defection, been to my poor ability, and in my narrow sphere, a zealous assertor of the Nations liberty, against the prerogative of the supreme Officer of State, then in War against us: And therefore, if upon the same principle I now shew my self more then ordinarily forward in asserting the liberties of our particular Common-wealth, against a parallel tyranny; I hope my boldness will find the easier pardon.

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

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

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

p. 47Secondly, The Prayer of the Petition it self.

The Motives are many, and of great weight.

You have in them,

First, a general Proposition of those great mischiefs which the common experience of all Ages, Places, and Nations teaches us do arise from the chief Officer of any Corporations being intrusted with a power distinct from, and superior to that of the community. 'Tis both the true characteristical badge of slavery, and the chief fomenter of jealousies and contentions: For wheresoever 'tis so, there's alwayes a particular interest of the governing power set up distinct from, and most what contrary to that of the publike, then which nothing can be more destructive to the welfare of any Community: the truth of which Maxime we have had a feeling proof of in the sad series of those evils which have lately sprung up in this Nation from the claim and exercise of this power by the chief Officer of Englands great Corporation: 'Twas that which had like first to have plung'd us into the depth of slavery, p. 48and did afterwards engage us in a bloudy war, the justice of which war can never be solidly maintained by the asserters of a Negative Voyce. For my own part, this was to me the great convincing Argument of the Scots Apostasie from their first Principles, and from the cause they were with us engag'd in, when I saw them in their Manifesto plead so openly for the upholding of this great branch, or rather stock, and bulk it self of the royal Prerogative.

2. You have for confirmation of this truth the judgement of the whole Representative of England, and those that have most cordially appear'd with them in this cause, especially of the now governing power, which hath always declared this power in the King of a most dangerous and destructive nature to the weale publike, and inconsistent with the Nations freedom. And the Army in particular, when we were not yet attained to that wise and generous resolution of removing the Kingly Office as well as his Person, did in their grand Remonstrance propound it as a necessary caution for the securement of our p. 49Liberties, that whosoever should, upon the removal of the late King, be admitted, though but by election, to succeed him, should before his admission disavow all claim to a Negative voice.

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

4▪ The fourth motive humbly propounded to your consideration, is the great mischiefs which have redounded to our small Corporation, from the exercise p. 50of this arbitrary power by our chief Officer: But of this theme, because 'tis very large, and will need much interlacing of proofs and examination of Witnesses, I shall treat, if need be, in the last place.

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

Quia quod à pluribus quaeritur, faciliùs invenitur, & consulendo dicit Sapiens, Omnia cum consilio fac, & minimè poenitebit: statuimus injungendo, nè cùm ardua domus emerserint negotia, Magister capitosè suae prudentiae imitatur, sed omnes Scholares convocet, & emersa negotia exponat eisdém, & super illis quaerat consilium singulorum, nedum seniorum, sed juvenum, cùm donet juniori Deus aliquoties quod non seniori: sed si in unam conveniant sententiam, bene quidem sin autem, numero stetur majori, etiam & saniori. Because that which is sought of more is easilier found; and the wise man advises us, saying, [do all things with Councel, and it p. 51shall not repent thee.] We therefore ordain & enjoyn, that upon the emerging arduous affairs of the Colledge, the Master do not headily rely upon his own prudence, but that he convocate together all the Fellows, and lay open before them the emergent businesses, and ask the advice of every one concerning them, and this not of the Seniors only, but Juniors too; seeing God does sometime give that to a Junior, which he gives not to Senior. And if they agree all in one opinion, 'tis well, but if otherwise, let them stand to the determination of the greater and sounder part.

Here you see our Lawgiver expresly declares his will, that the Master shall not prefer his private wisdom before the wisdom of the whole, or major part of the Society: and brands such proceedings of his with an imputation of headiness and rashness: Only supposing the conscience of that Oath which the Master was to take at his admission would be a sufficient tie to a strict performance of his will, thought it needless to establish his Law by any penalty, or to point us out a way of acting without p. 52him, which is the defect we now desire a supply of.

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

p. 53Only there is one Objection or two of some weight which I must crave the patience of this honourable Assembly, to give me leave to discuss, for the fuller clearing of all doubts, which may perplex the question.

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

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

Secondly, If the judgement of the sounder part be left to the Master, p. 54the word majori may as oft as he pleases be made a meer non-significant Cipher. If the Master propound a business to the whole number of Fellows, which is fourteen, and can get but two or three (then which nothing is more easie) to side with him, he may call those few men the only sound men of the Society, all the other eleven or twelve shall be esteemed as factious or frantick, because of their advice not suiting with his ends; and so that obscure word [saniori] shall, like one of Pharaohs lean Kine, swallow up the word majori, though fairer and better liking, into its insatiable stomack. So shall the Master, contrary to the Founders will be made by his own estimate the Solus sapiens, and supream Lord. The Fellows, they are flattered with a specious shew of liberty and co-partnership in the Government, but are indeed like meer School-boys (such would the King have made the whole Parliament) called together to a posing, not voycing, in which they must either comply with the Masters will, or have their advice rejected with scorn, and themselves dismissed with infamy, as crack-brain'd and unsound men.

p. 55Therefore this being an interpretation so full of contradiction and inconsistency both to the general current of this Statute, and particular contexture of the sentence it self, the word saniori cannot be so understood, but is either a meer word of formality, or to say the most was added only as a Proviso, where 'twas impossible to determine which was the major part, as where the number of Fellows on both sides was equally divided, that there the Master might encline to that part which he should judge the sounder.

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

First, From our eighteenth Statute, where our Founder, treating of license to be given to two of our Fellows to travel, shuffles the Master and Fellows all into one pack, and says, that they (the Master & Fellows, or the major & sounder part of them,) shall have power to give this license. His words are these, Nos principaliter hoc attento, dictis Magistro, & Scholaribus potestatem p. 56& licentiam impartimur: quod ipsi vel saltem major pars, & sanior eorundem, si hoc Domui & Scholaribus expedire viderint, unum vel duos Scholares domûs hoc petentes, si ad hoc suo judicio fuerint habiles licentiare valeant. We principally looking at this end, give this power and liberty to the said Master and Fellows, that they, or at least the greater and sounder part of them, if they shal see it expedient for the good of the House and Society, may give licence to such one or two of the Fellows as shall desire it, if in their judgement they shall see them, able and fit for it.

Here you see the Master is cleerly levell'd as one man with the rest of the Society: The expression runs not, as in some Statues, Magister & maior ac sanior pars Scholarium, but maior & sanior pars Magistri & Scholarium, not the Master and the greater and sounder part of the Fellows, but the greater and sounder part of Master and Fellow sput together: so the Master being here made a party in the Scrutiny, is incapable of being a Judge in the same: & therefore in all probability the word saniori is, as I said, put in by the Founder p. 57only as a word of course, a meer Synonima, an expression affected by the gravity of those times in which he lived.

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

That De modo Statuendi runs thus:

Authoritate totius Ʋniversitatis Cantabrigiensis tam Regentium quàm non Regentium, ordinatum est, quòd in Statuendis rebus & negotiis utilitatem communem dicta Ʋniversitatis concernentibus solum illud pro Statuto habeatur, quod de consensu majoris & sanioris partis dictorem Regentium, & de consensu non Regentium fuerit decretum per Statutum.

That de modo Statuendi Authoritate, of the manner of making Statutes, runs thus:

By the Authority of the whole University, as well Regents as Non-Regents, 'tis ordain'd, That in the decreeing and determining of businesses concerning the common profit p. 58of the said University, that only shall be reputed a Statute which is decreed by Statute, with consent of the greater and sounder part of the said Regents, and with consent of the non-Regents.

And I have here ready to produce, if need be, a sufficient number of presidents shewing the observation of this Statute in several sanctions from time to time, all which bear the stile of the major and sounder part of Regents and Non-Regents: yet the constant tenour of our University proceedings witnesses that the major and sounder part were never look'd at as two distinct notions, and left to the Vicechancellors or Proctors discretion to determine of; but that the major part was always (and as I can prove by another Statute ought to be) adjudged the sounder, and whatsoever was decreed by the major number of voices, past always for an act of the University without exception. And for the truth of this assertion, I appeal not only to those of our Society, men of great standing, here present, but to all that ever have long resided as Masters of Art in the University: yea, and to Doctor Seaman himself, if he has p. 59seen so many Congregations as to make him a competent witness in this matter.

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

The Statute for your memories sake I shall again rehearse.

In omnibus & singulis electionibus tam Sociorum, Discipulorum, Scholarium, Officiariorum, Lectorum, reliquorum{que} membrorum cujusque Collegii, quàm in omnibus & singulis locationibus, & concessionibus quibuscunque necessariò requirendus est Magistri sive Praepositi illius Collegii assensus & consensus. In all and every Election, as well of Fellows, Scholars, Officers, Lectures, and other Members of every Colledge, as in all and every letting and concession whatsoever, the assent and consent of the Master of the Colledge is necessarily to be requir'd.

This is as much of the Statute as p. 60concerns the question in hand.

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

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

1. First, That every Colledge being a distinct Corporation by it self, and Laws prescribed for its Government by him that founded or endowed it, it may well be questioned whether those Laws of any of them can be taken away or superseded by any general Statute of the University: And this I do rhe rather question, because the University hath in former Statutes shown it self very tender of the infringement of the particular Statutes or Customs of private Colledges; as appears by the last clause of a Statute de expulsis in aliud Collegium non recipiendis, Of expell'd men not to be receiv'd into another Colledge; which Statute though in it self most rational, and fit to have a binding power over all, yet did not the University think fit to pass it without this p. 61additional Salvo, Ne{que} intendimus per praesens Statutum, Statutis, Constitutionibus, Compositionibus caeteris{que} Collegiorum, in aliquo derogare: Nor is it our meaning by this present Statute do derogate ought from the Statutes, Constitutions, and other Compositions of particular Colledges.

Besides, it hath formerly been the declared Opinion of some of the wisest of our University, that the Vicechancellor, who is our chief Officer in the Government of the University, cannot exercise his Jurisdiction within the wals of a private Colledge.

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

2, Our Colledge Statute is of a far ancienter standing then this University Statute; and therefore though this of the University seems to thwart it, yet being made without any clause of a non obstante, the Colledge Statute lies unrepealed, and therefore in p. 62full force, especially our Colledge Statutes being rivised and confirmed at the same time with the University Statutes, and by the same Visitors, as I shall, if it be thought needful, make it appear.

3. This Statute is none of our ancient Statutes of the University, but one of very late standing, no ancienter then the tenth year of Queen Elizabeths Raign, for in all our Statutes till that time (as I am well able to say, having lately searched the Proctors book to that purpose) there appears no footstep of it; nay not in the first new model of our Statutes, which was made primo Elizabethae. For our Reformers being then but newly come out of the furnace of the Marian persecution, were not yet mounted to that heighth of ambition: but about ten years after growing warmer and fatter in their great preferments, the Heads of Colledges did its likely upon plea, that our University-statutes were not enough refin'd from Popery, and that new Diseases stood in need of new Remedies, got a revivall of the commission granted formerly Primo Elizabethae for another new modelling of them, in which, p. 63though for pomps sake the Commissioners appointed for that work were some of them, as Cecil, Cook, and Haddon, of the Queens privy Councel; yet the rest of them being Doctors of Law, Physick, and Divinity, and two of them Divinity Professors of the University, no man that is not blind, and knows not how little leisure those greater Statesment had to labyrinth their brains with all the tedious anfractus of that Theority, but will say that the main Engines, and the very both first and second movers in this last new Model, were the Heads of Colledges alone; and they having now gotten this ample power into their own hands, did, together with the publick Reformation, cunningly interweave their own private advancement; and in purpurging us of Popery, did, like those medicamenta maledicta, emunge the body of the University of some of their most essential and fundamental priviledges.

As for example,

The choice of a Vice-Chancellor, which was before in the whole body of Regents, they got in this Reformation a Monopoly of it to themselves, so as p. 64the body of the University hath only left them a bare superficies of election, but the substance they got into their own hands; for by this new Reformation, they got themselves the nomination of two, one of which the University is necessitated to elect, and if they doubted of him, whom they desired to have elected, 'twas but nominating some one distasted or contemned man for a stale, and then they were sure to carry it for such one of those two nominated, as they should think fittest.

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

And if I mistake not that strange Statute of the Caput Senatus, consisting of the Vice-Chancellour, and five others chosen by the heads of Colledges, and the two Scrutators out of fifteen persons nominated by the Vice-Chancellor, and Proctors, and all this choise without the least advice p. 65or privity of either of the two Houses, and these five men entrusted, every one with more then a Negative voice (for nothing, be it never so just or necessary to the common good, or of particular persons, can be so much as propounded to the Houses, till every single man of these hath given his positive consent) is of the same date. If but one of these deny, though giving no reason, the concurring voices of the vice-Chancellor, and the other four are of no force, the motion is stifled in the very cradle, a thing of no rare practise among us;**Hence comes it, that the Ʋniversitie Officers cannot without great difficulty hinder an unworthy man of his degree: For that dunce or Rakehells friends whom they desire to stop, shall oft procure some one of these absolute Seigniors to make use of his Negative in causlesly stopping all the Commencers of that whole year, till his Dulman be suffered to pass out among them. Now this Statute, if considered in its full latitude, will I think, be found of no longer standing then that new model. Something there was of a like nature before, but if compared with this, will be p. 66found vastly different: For that had for its object onelyonly tempus & formam, but this, Concessions of all natures: in that the negative was in three, here in any one.

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

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

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

p. 67But the Court-prerogative, the root of all these oppressions being now dig'd up, these excrementitious branches will, I hope, be thought fit to be remov'd with it; besides nature teaches us, that each evil is best cured by its contrary: therefore it having been laid open clearly before you, how the Monarchs connivence at the fraud and corruption of its Representatives was the cause of this distemper d mutation: We hope for cure from the vigilant sincerity of our true Republical-Magistrates, by the anullment, if need be, of that Statute, and restauration of each Colledge to at least that ancient wholesome Crasis of Liberty it was created in by its first Founder.

I speak not this to cast any the least prejudice upon that good work of Reformation in Religion, for which I cannot but say the Nation owes much thanks to the endeavours of all those Reverend divines, that were so happy instruments in it. But we see the experience of that proverbial sentence, Nullum magnum ingenium sine mixtura insaniae; the best of men are but men. This Whole World, and the heart of every man in it, is nought else but a p. 68Champaigne, where good and evill, light and darkness contend for victory; and so where God hath his Church, the Devill will erect his Chappel as a Fort to lay battery against it. So in all Reformations the greatest instruments in it will alwayes (if they be not by themselves, or others narrowly look't to) carry on some design of their own private, an attendant at least, if not corrivall to that of the publick. Besides, we know how the people of God, who immediatly upon their deliverance from Pharoah, and the Red-Sea, did nothing, but in humility of heart, worship and sing praises to God their Deliverer, were observ'd afterwards upon a little prosperity to have forgotten God, to have waxen fat and kick'd. And of our Reformers, about that Decade, it may justly be questioned, Whether their zeal in preserving the Reformation begun, were more to be commended, or their ambition in obstructing its further progress and perfection to be condemned.

But above all I desire to be understood, not to intend any the least reflection of blame upon those reverend Gentlemen and Ministers, the present p. 69Heads of Colledges in our University, for as they had no hand in procuring of those incroachments; so neither that I know of, have they ever made ill use of that power which their Predecessors ambition had purchas'd to their hands: For though they have, by the last Statute I told you of, the full power of interpretation of Statutes within themselves, and there was a time, when they might have used it with applause, in that excellent interpretation of our University Oaths, whereby mens consciences, indanger'd to perjury upon every penal statute, were much eas'd, yet to my best remembrance, they did not assume to themselves, but yielded to the whole body of the University the honour of alleviating this grievance.

Nay, this I must needs say, to the honour of all those Heads of other Colledges, except our own, that I conceive 'tis nothing but their honest and prudent carriage in their several charges, which is the cause that none of the University (none having the like particular cause of complaint) appear as yet in this cause to desire those provisions against Tyranny, petition'd p. 70for in our Colledge; For 'tis not evils in posse, though of the nearest probability, but those in esse that stir up the generality of men to the invention of remedies. In other Colledges where the Masters have by statute or custome a negative voyce, yet they have chosen rather to wave sometimes their own, not interest onelyonly, but judgement too, then make use of it, and in the very propositions of questions to be swayed by the publick reason of their Societies.

And if our Head had behav'd himself with the like candor and moderation in his Trust, you had not I think been troubled with these tedious disputes at this day: but our Head, though, as you have heard, denied a negative voice by our Law-giver, will yet usurp it, propounding only what he pleases himself, and after the vote past, following his own, not the common prudence of the Society, as shall be amply proved (if need be) in its proper place. Besides, we having in the general course of this mans Government, observ'd nothing of a publike Spirit, aiming at the common good, but rather a constant tenor of p. 71close dissimulation and greedy intentiveness upon all advantages of not onelyonly holding fast in every punctill'o, but advancing still further the grand interest of his power and profit; and that as far as humane wit could guess of mans heart by its fruits, the two great poles of his whole revolution were dominion and covetousness (of which upon many sinister dealings of of his, there's not three men of all our Society that have been the constant observers of his Colledge-transactions this seven years, but have at one time or other exprest their deep resentment) this is that hath occasion'd this extraordinary petition for a just restraint of this exorbitancy of an assum'd power within those bounds our Law-givers wisdom had prescribed to it, with some concurrent helps for the surer execution of his declared will: 'Ex malis moribus ortae sunt bonae leges. 'Tis the greatest glory of good Magistrates, that they can, in imitation of him whose image they bear, bring forth good out of evil, light out of darkness; and like the Sun in the Firmament, produce good Laws an equivocal brood out of corrupt manners.

p. 72These things I thought it convenient by way of diversion to suggest, not that the cause stands in need of it, but onelyonly to open your eyes, that you might see how this Antichristian mystery of the negative voice began its working betimes, even neer the Apostolick dayes of Reformation.

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

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

And this answer in these times wherein all Statutes ought to be interpreted in favour of liberty, as they were formerly in favour of Prerogative, might alone suffice. But I shall p. 73add another of more convincing evidence; which is this.

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

As to compare the greater with our smaller controversies, the Kings consent was alwayes suppos'd to be legally included in the major Vote, even of the most petit Tribunal, much more of the grand Judicatory of the whole Nation, though never so much personally dissenting: which principle hath been always esteem'd one of the main pillars of our cause, upon which alone p. 74we might lay the whole stress, of not onelyonly the justice and lawfulness, but even legality of our war. But this man who no doubt hath more then once with our once-Brethren of Scotland voted the King a man of Blood, and guilty of all the Bloodshed of this war, for endeavouring but to assert this power to himself (though far more favoured by the standing Laws of the Kingdom at that time, then with us by our Statute) yet hath not scrupled to do the same thing himself, both in his particular practise in the Colledge, and by his appearance here with all his interest and wit to maintain this prerogative.

But to return to the Point.

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

And this answer may likewise satisfie another argument for the negative voice, which may possibly be drawn from our Statute of Elections, which requires Consensum Magistri, & majoris partis sociorum, and some p. 75others running in the same strain. For the true sense of that Statute de arduis being now fully clear'd, makes it apparent, that in the consent of the major part of the Society, the Masters consent alwayes is, or ought to be included.

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

'Tis an humour you all know the most of mankind are much incident to, to labour the promotion and propagation of the forms, opinions, and customs of those places where they live, especially where they have been train'd up in their younger years; and therefore it was the policy of the Contrivers of our former Government (as knowing that that Government could never be durable, which had not its image p. 76stampt upon the peoples affections) to set up the image of that universal Government of the State in every petty combination of men. Hence as a reflected image of the then-present Government by King and Councel, King and Lords, or King and Parliament, was set up that Government of Corporations by Maior and Aldermen, Dean and Chapter, Master and Fellows; and in Corporations, Masters and Wardens of particular Companies; all which were nothing but the general frame of the State-Government contracted as to the matter onelyonly into a narrower compass; and this was that that fixt the love of Monarchy so fast in the affections of most Corporations, that had it not been that the King had displeased some of the greatest of them by hard Impositions upon them in way of their Trade, and withall let loose his Bishops to exercise their tyranny in trampling upon the faces of their reverenc'd Ministers, they had never been brought off to draw sword against their Prototype; and after they had done it, its observable how prone the great ones among them were often to defection, and how p. 77zealous in shewing their distaste at the removal of that great Idol; of all which the King was very sagaciously sensible in the beginning of these wars, when in a proposal of his to part with the Militia upon some provisoes, yet would by no means consent to take the Militia's of Corporations out of their own hands: yet were not the Chiefs of those Corporations such perfect images of Monarchy, as ours, either for power, or durance; those were indeed but shadows of it: but ours in regard of their continuance in trust, during the term of their lives, were its living Images, wanting nothing but an establishment of it in their posterity, which yet they bid fair for too, in that new Elizabeth-Reformation, wherein they did in a positive inhibition of Fellows from Marriage, handsomly imply a leave indulg'd to themselves.

But it may be some will look at this Argument as a great Mallet lifted up to kill a Fly: Our Corporations you will say are small, and inconsiderable, a meer Synedrion of young Youths, or handfuls of poor contemplative men system'd up for Orders sake into the form of a Corporation; what good p. 78or ill can redound from these to the whole Nation?

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

For our Corporations, though but small in bulk, are like those grains of Muster-seed our Saviour speaks of, of a vast, comprehensive and multiplying capacity. The members of those great Corporations, are men its true of abler purses, and stronger bodies for the present State-Service; but their abilities are confin'd all within the narrow bounds of their own territory; but ours are Seminaries of able wits which are sent to us from all parts of the Nation, in the very nick of their first emersion from the slavery of the Ferula into a state of liberty, at the first putting on of their considering caps, they being as yet abrasae tabula, smooth tables, prepar'd to receive of us those tinctures of good or bad principles; with which impressions stampt upon them, they afterwards spread themselves into every corner and p. 79quarter to leaven the whole Nation. No man educated among us, but goes away instructed for some publike trust, but is in capacity to be an Abraham, a Father of many Nations.

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

And for the same reason does it deeply concern you to take special care of the Societies of Colledges, and not give away Fellowships, being you see places, though of small profit, yet of high trust to every begger that comes to you with a formal Certificate, much less to confer th…se high trusts upon Samaritans, and meer slavish compliers, p. 80but especially to tender their precious liberties as the apple of your eye, to which nothing can be more inconsistent, then a negative voyce plac'd in any one man; for let any of the Society approve himself never so active and industrious in promoting the Colledge good, and with his utmost pains and skill train up his Pupils to the most eminent proficiency in Piety and Learning, yet if he will not flatter, and fawn, crowch, and cringe, and comply with this one great Monarch, even to a betraying of the common Freedom to his corrupt ends of pride or covetousness, he lives an unserviceable man, and all those educated under his charge are put into an impossibility of ever attaining that preferment their deserts shall make them capable of. Though the whole community, or far greater part judge them worthy of it, one mans non placet shall blast all, and how great a temptation this will be even to some not dis-ingenuous men (being not willing to expose those under their trust to contempt and beggery) to worship the Image of that great beast, I leave to your wisdoms to judge; as likewise, whether such an p. 81impression of slavery fixt upon the spirits of Fellows of Colledges, be not like to impress its counterfeit upon those educated under their trust, and by their means upon the greatest part of the Nation.

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

There was once a Custom in some Corporations (of which our selves have yet in our Colledge some shadows left) that not the Warden or Master onelyonly, but every single man of the Society had a negative voyce, which upon this very ground, as contrary to the common Law of the Land, i. e. to p. 82common Reason, was taken away by an Act of Parliament, 33. H. 8. onelyonly I conceive in tenderness to the Prerogatives of Monarchy, much favour'd throughout the whole body of our Laws, the Statute was so pen'd, that the Mayor, Master or Warden had his negative left him; but now we have no Monarchy, whose Priviledges we ought to be tender of, and there's every way the same reason, nay far more, for devesting the single Warden of his negative, then for taking it away from so many members conjunctim, as may amount to neer the half of the Society.

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

The Master hath held his place now for about seven years, yet he hath never once that I know of resided among us for six weeks, nay, not one monethmonth, p. 83seldom above a fortnight together at one time; hath seldom or never visited us, but when he was necessitated to it, either to supply his course in the University-Church, or to audit our Accounts, and receive his money: All his short visits put together for this whole seven years, will not mount to one years continuance.

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

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

And for his Benefice and Assemblyman-ship, there's no reason either of them should be a protection to save p. 84him from an Arrest for that debt of Residence he owes the Colledge, from whence he has had so considerable subsistence; for one of them being a place (by common fame) of one, if not two hundred pounds a year, the other of four shillings a day; it seems not very reasonable, that one so much against Pluralities, should enjoy the revenue of all three places, and bear the burthen but of two. For he hath all this time of his discontinuance laid in a manner the whole burthen of his Colledge-Office upon the Presidents back, not allowing him for his pains so much as one penny.

Besides, it may be answered, that all the other Masters of Colledges, who yet were many of them Assembly-men as well as he, have been far more constant continuers at their respective charges, and have some of them as I think relinquish't considerable Benefices they were possest of otherwhere, that they might the more solely attend their charges at Cambridge: And I'am sure ours hath not wanted all the encouragement we could give him to enable him to it, having out of our common poverty p. 85conniv'd ever since our coming to the Colledge at his taking a double portion of our Dividend, though neither allowed him by our Statute, nor any constant precedent beyond the second year of Doctor Cosins his time.

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

I have now done with all my motives.

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

Only this:

'Tis not, as some may perhaps suggest, p. 86a fancie or new Model of my own brain, but 'tis a Model approv'd of in a parallel case by the reason of the whole Nations Representative. It concerns every Member of this honourable Assembly more then my self, to make it good; for 'tis nothing else from point to point, but a Series of such particulars as the wisdom of the whole Parliament judg'd necessary for the circumstantiating that freedom which the City of London were debarr'd of through the like want of provision in their Law: change but the name of London for Peter-house, ten of their numerous Common-Councel for two of our seven Seniors, and their [at any time] for our within 48. hours, and this draught will prove wholly the same with that Act of Parliament.

Nor could less have been well desired for taking away that hurtful Prerogative I dispute against which is not the bare name of a negative voyce, but the substance, viz. that supremacy of power which our chief Officer claims above the whole or major part of the Community, which is of a Complex nature, and consists of these p. 87three powers, viz. 1. Of calling of meetings. 2. Of proposing of questions. 3. Of acting the results of those meetings. Any one of which three powers remaining in the chief Officer, makes him as absolute as if invested with all three; and therefore the Parliament saw well in the City of Londons Case, that for the removal of that great evil, an establishment of all these particulars was of absolute necessity.

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

So in our lesser Commonwealth, though you should grant or declare in general terms that the Master shall have no negative voice, and leave him but this power (for want of provision to the contrary) that by delay of meetings when most necessary, or by p. 88making himself judge of that necessity, or in those meetings by refusing such questions as he likes not, he can keep us from ever coming to a voicing, or if after voicing he may refuse or delay to act our determinations, and yet neither he liable to a sufficient penalty for any of those refusals, nor we through the defect in our Statute inabled to meet, debate, or act any thing without him, he is an absolute Monarch, and has a most firm possession of a negative in reality, however denyed him in words. And for this reason it was that I have been so bold in the prayer of my Petition to be so punctually particular.

Now if any man object that these things granted would be a cause of much tumult, and factious disorders in our Colledge: I answer; The experience of the same in the City of London shews the quite contary, where 'tis apparent nothing but the sweetest streams of untity, freedom and peace have issued out of this fountain: For it lies onelyonly as a dormant proviso, like the major excommunicatio of the Presbytery, in terrorem, never like to be put into Act, except in cases of unheard- p. 89of obstinacie. Whereas on the contrary the want of this provision has been the original of all our divisions: nothing being the more natural fountain of contention amongst men or bodies politick, then the want of certain bounds assign'd to each man or bodies propriety; which made the wise Lawgiver Moses to denounce such a fearful curse upon the remover of Land-marks; and religious Numa to place Terminus the God of boundaries among his principal Deities, and to erect him a Temple, as I remember next adjoyning to that of Concord.

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

And besides that, the making of some such provision is a thing most agreeable to our Founders will, who says expresly that the Colledge should not defensore, & rectore carcre, the thing I aym'd at in this Proposal, was the p. 90Presidents ease, and the Colledges convenience: for as I told you before, the Master being almost a constant non-resident, and having power by Statute to make President whom he pleases (which President is charg'd with the whole burthen of his Office) it will oft happen that this President must either necessarily suffer much prejudice in some affairs of his own, requiring his presence otherwhere, or the Colledge suffer much detriment for want of power to act as a living body in cases of emergent need. For that our Colledge-debates should be packeted up to London to a man sitting there in his regalia, and looking at us afar off, or that the life of our Assemblies should be derived from the spirit sent from London in a cloth-bag, is a thing disagreeable to common equity, and a flat contradiction to our Founders declared will.

All I have to say further, is, that in this draught of my Petition, however displeasing to our reverend Master, I have had no ayms at his prejudice further then was of absolute necessity to state our freedoms, and vindicate them from his unjust usurpations. If I have herein p. 91prejudic'd any, 'tis rather the Society, by allotting the Master so much as an affirmative voice, which some of us are of opinion that by our Statutes, if well understood, he cannot lay claim to. But being desirous in this matter to walk in an indifferent way, giving each their reasonable due, and to follow close not mine own, but rather the publike wisdom of the Parliament for my pattern; I doubt not of finding from them an easie pardon of my error.

I have now done with the Petition.

There was one motive for its enforcement refer'd to the last place, which was by shewing how the Master of our Colledge for want of these provisions here petition'd for, had debar'd us of our manifest rights of treating in a Colledge-way about some affairs neerly concerning the common good, and of having our Resolves put into due execution: And how both particular Members, and the whole Colledge had suffer'd much prejudice by those his usurpatitions, which because I thought he might possibly deny, 'twas for this cause chiefly, that I troubled these p. 92Gentlemen of our Society to make their appearance before you. These being they, who (except our President, and one of our Deans left at home for the necessary affairs of our Colledge) make up the whole number of those now resident, who having been present at all our former and later transactions, are best able to bear witness to those particulars I shall instance in.

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

p. 93OnelyOnly to his Argument for the negative voice in such particular cases wherein he is appointed to consult with the Deans onelyonly, I can onelyonly say, that 'twas not the prime Statute, but an interpretation of Statute made many years after by a single Bishop of Ely, which endowed the Master with this Prerogative. And it being besides against the Principles of common freedom, that an Officer constituted for term of life should have this vast pre-eminence of two of the greatest Colledge-Officers annually Elected to their trusts, I shall in this following Petition which I here present you with, as an appendix to my former, crave the assistance of your Authority for the solution of this knot.

p. 94TO The Honorable the Committee for the Reformation of the Universities.

The humble Petition of Charls Hotham Fellow of Peter-house.

Sheweth,

THat whereas by our Colledge-Statutes there are about twenty particular cases in which the judgement belongs not to the whole Society, but either to the Master and five or six Seniors, or to the Master and Deans alone, and that in all cases wherein the Master and Deans are solely trusted, being many of them cases of great concernment, the Master had by an interpretation made by a Bishop of Ely betwixt one and two hundred years after the Foundation, a Negative voice conferr'd upon him, which however agreeable to the policy of those times, is contrary to the principles and grounds of our present Reformation, and establishment of this Nation in form of a Commonwealth, and p. 95much prejudicial to the good and welfare of the whole Colledge:

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

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

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

My Argument ended, the Master made a long reply, the punctual repetition of which I must leave to his own memory and pen. It touch'd nothing upon any material point of my Argument, But was rather a descant upon p. 96my Petition, with some recriminations, consisting to my best remembrance of these heads.

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

That he had never shewn any aversness from meetings, nor ever dissolv'd any, but when the time it self dissolved them.

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

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

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

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

That in the clause inserted in his Petition concerning the Senior Fellow's being President, he aim'd at his own promotion, being the next Senior himself, and p. 97so desirous of this power, that in his or the Presidents absence he might assemble the Fellows about the making of new Models of Government.

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

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

Besides, the Office being a vast burthen, and nothing in it desirable to such eye of ambition or coveteousness as he (measuring others by himself) suppos'd in me, nor my self in any probability of intermedling with that Office, being (contrary to his allegation) neither the first nor second Senior of the Colledge, both which, with the Master, must be all three absent, before I could be in capacity to act, and that for some longer time then ever yet had been, else no danger of attempting, much less of perfecting any new Model, especially there being but two times a year, wherein the Colledge p. 98is enabled to make new, or interpret old Statutes.

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

That his distinction of the major part of the whole Society, and those present, was a piece of empty Sophistry, himself well knowing there was never yet since our first coming to the Colledge (which is now almost seven years) a full meeting of the whole p. 99number of Master and Fellows together, nor can there well be, by reason of sickness, business, or travel allow'd of by Statute, perpetually occasioning some two or three mens absence; so that if he may be allowed this salvo for his Negative, he will never want one who shall be absent for his sake.

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

That his accusation of the Fellows as slack in coming to meetings, except in cases of Leases, &c. was a groundless scandal, of which fault himself was onelyonly guilty, having at those great semestrian meetings appointed for reading, and considering Statutes, been but twice, or at most, thrice present during all the time of his Mastership, and particularly in the last great meeting, to which he summon'd all the Fellows, he staid not the reading out of one third part of the Statutes; nor indeed could ever be got from London to any Colledge p. 100—meeting, but when his quarterly course in preaching, or auditing the Accounts (being alwayes suspicious of the denial of his double Dividend at those times) enforc'd his presence.

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

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

But when a business was to come on which he lik'd not, then to let us alone by the fire, or to leave his Chair, and us, to dispute at random, otherwhile to spin out the time with us in discourses of lesser affairs, or if prest to come home to the main business, then to fall a shuffling, and cutting, and winding us from the point by p. 101some non-significant, or dividing questions, of which Artifices he hath oft shewn himself a well skill'd Architect.

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

And therefore what he acknowledges, viz. that he did take upon him in the first place to propound questions of his own sence, was a great usurpation; but that he gave others the like liberty, is an Apologie nothing to the purpose; for our Statute appropriating it to the Masters Office, to ask the Fellows advice; if any other do it but he, it renders the whole vote of the Society a meer nullity: Now its true, the Master once at a meeting, when one excepted against some litigious qu…stions of his propounding against the sence of the Society, promised he would afterwards propound those questions he had nam d in terminis, p. 102but when it came to the point, told the party, he might now propound those questions himself, if he pleased, (which he knew well had been a thing illegal and void) but refus'd utterly in purpound of his promise and duty to prosuance them himself.

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

Yet I had very many materials of a much higher nature to charge him with, which being provok'd by his challenge, I was then as I told the Committee, ready to produce, having for witnesses most of the Senior Fellows then present before them to make them good. But as I was just entring upon that task, a worthy member of the Committee propounded it as a question to p. 103be first debated by themselves, whether they should single out the point of Statute to be determined, as they should see just upon weighing the Arguments of both parties laid before them in theory, or take in with it the consideration of the practick, consisting of personal charge. Another Gentleman seconding him, propounded likewise as fit to be considered, whether they would admit of recriminations, which are like to be endless (each party still deeming himself oblig'd to reply and answer at large to each others, though non-pertinent objections) or rather as the fi…st Gentleman propounded, would fall singly upon the point of Theory. This motion the whole Assembly seem'd to assent to; so according to the custome of the Committee we were commanded to withdraw, and the doors shut. The product of the private debate was this.

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

That a view be taken of the severa… Statutes of the Ʋniversities, and the p. 104Colledges and Halls therein respectively, to the end that they may be reduced to such a State as may render them most conducing to the advancement of true piety, and the interest of a Commonwealth.

Resolved,

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

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

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

THe Parliament having resolved a thorow Reformation of the Vniversities, p. 105and the Committee appointed for that purpose in Order thereunto having taken the same into consideration, do hereby desire and require the respective Heads of Colledges, and those Fellows that are interested in the Government thereof for the time being, to send up to this Committee true transcripts of the Statutes of the said Colledges, examined and attested under their hands respectively; and they do specially recommend it to the care of the said Heads, Governors, and Officers, to consider what Statutes or any parts thereof are prejudicial to Religion, Learning, good Manners, or the present Government; and further, whether there be any defects in the same, and to propose their opinions concerning the supplying of the said defects; and that they give an account of the receipt hereof forthwith, and of their further proceedings concerning the same with all convenient speed.

James Chaloner, F. Rous, M. Oldsworth.

p. 106The private business upon which at Doctor Seamans Motion the grand Petition was at first laid aside, though indeed it nothing concerned it, yet is a story worth the reading, and therefore take it as follows.

WE had a Fellowship in our Colledge kept vacant for many years, as the Master pretended for the Colledge necessities, but as the Fellows well know, for the defraiment of his double Dividend; this Fellowship one Sir Conyers, Scholar of our Colledge, observing the Committee had before in a parallel case, taken the disposal of such dormant vacancies into their own hands, petition'd to have conferr'd upon him; whereupon the Committee ordered the Master and Seniors, or any two of them, to certifie the true state of the case; p. 107which Order being read at a publike meeting, the Master was very urgent with the Society to certifie it as kept void for the Colledge-necessities; which the Fellows as not agreeable to truth, generally refused to do: so the Master (and one of the Society concurring with him so far) made only this general return, that it had ever since our coming to the Colledge been kept vacant, but for just reasons. But the Master alone makes another return, specifying some particular reasons, as namely a debt of above one hundred pounds owing to him by the Colledge. Ʋpon which Allegations he made a large descant before the Committee; which ended,

I put in some exceptions in writing, detecting somewhat of his fraudulent dealing with the Colledge, and further added some inlargements, as I remember to this effect.

1. That the Fellowship had not been keept vacant by any publike vote, nor for those reasons he produc'd.

2. As to the debt, that once in a meeting, knowing our stock behind hand, and we in an incapacity of disbursing money, he press'd hard upon us for this debt, and took the advantage to say, that if we did p. 108not presently pay, or clear him of it, he would be at liberty, if he pleas'd, to dispose of the Lands as himself should think good. And being answered, that the present Revenue of the Land would neer amount to the payment of moderate Interest for his money, and that for his security he should have the Colledge-Seal, upon which one of the Society had formerly lent the Colledge an hundred pounds; he slighted all, and nothing would content him, but either the money presently, or some of our particular Bonds, or the Land to be at his own dispose. So we being in this strait, my self, to give some breathing time to the business, presently offered upon that very security, viz. the Colledge-Seal, which the Master had so unbecoming…y sl…ghted, to lend the Colledge fifty pounds for some moneths, till we might think of some betber way; and another, (I think 'twas Mr. Quarles) seconding me, offered the loan of forty pounds; which ninety pounds, together with another income then mentioned, would make up the whole debt. But the Master seeing his pretence of seising the Land to himself thus defeated, neither accepted our offer, nor spoke more of the business at that time.

p. 109And further, that this debt he now mentions as a plea for keeping void this Fellowship, was a meer pretence made use of for by-ends, might hence appear. That he had formerly in a Colledge-meeting twitted us again with this debt as a plea for keeping void another Fellowship against our common Consent, yet gave way to his own man to defeat the Colledge of that Fellowship, not once appearing (though acquainted with his mans intentions) by Petition or otherwise in behalf of the Colledge right, which to have done was both the duty of his ††For this treacherous neglect of his, he alleg'd before the Committee three excuses. First, That being to Preach he could not get time to atttend the Committee with a Petition upon that occasion. Answ. Then 'tis not fit the same man should be a preacher in London, and Master of a Colledge in Cambridge: For our Colledge Statute says expresly, That our Colledge businesses and rights ought not to suffer damage by the Masters studies, absence, or other defects. Secondly, That having had notice before hand of his mans intentions, he might for once have provided himself of an exchange. Thirdly, He might as well have got Mr. Byfield to have presented a Petition for the Colledge, as he did afterwards (in probability) to plead for his man against the Colledge. His second excuse was, That he had petitioned the Committee, that nothing might be there determined concerning our Colledge, till he were call'd in to give information, &c. Answ. This Petition of his, was not put in the leastwise to hinder his mans enstatement, but was preferr'd a fortnight or a monethmonth after, when the controvert sit about his man was quite at an end: 'Twas upon occasion of some of us preferring to the Committee a Petition, for the reinforcement of one of our ancient Statutes overthrown by Doctor Wren in the late Kings days, he himself having refus'd to have any Elections, till we should petition the Committee for a determination of that Controversie, yet when we came to petition, and shewed him a Copy of it, he refus'd to joyn with us, and thereupon presents the Committee this Petition he speaks of. So this allegation being so, nothing to the purpose, shews he was deeply at a loss what to say. His third excuse was, That he had no commission from the Fellows to petition for keeping void that Fellowship, they having refus'd to sign a Paper offer'd them by the President to that effect. Answ. That Paper which the Fellows refus'd to sign, was for the keeping void of two Fellowships, which they were not willing to yield to, especially one of them being I think Mr. Bechers Fellowship, which the Committee having not then declar'd void, the Fellows might well think it too unfriendly a part by such a Petition to put the Committee in mind of ejecting him; but for this Fellowship of Mr. Maior, which we now speak of, the major part of the Society did vote a present Election into it, but the Master refusing to act upon that vote; we met again in the afternoon, and in discourse upon that business, 'twas the general sence of all, that the Master, seeing he would not yield to an Election, should at least be so honest as to use his best endeavor that it might not be supplyed by the Committee, but kept void upon those reasons he had alledg'd against an Election. Which (as is witness'd in those Letters at the end of the book) be promis'd faithfully to do, but perform'd not a syllable: Nay, I fear if all were well known, 'twould appear there was more of him then his bare permission and connivence in his mans procurement of that Fellowship. But see his mans hypocrisie! when be is to appear for the publike interest of the Colledge against his private, he hath a bone in his arm, can plead preaching and want of a Commission. But in Sr. Conyers his Case, who stood for that Fellowship which was kept void for the defrayment of his double dividend; there the private interest of spleen and covetousness whetting him on, he could for two several weeks forsake his preaching, and come to the Committee to plead for the keeping voyd of that Fellowship, without the least Commission, nay, against the general sence of the Society, and to cast disgrace upon the President and Fellows for their electing him. But I am glad, however I sufferr'd by it, the disrepute is faln back upon his own head, who most justly deserv'd it.place, p. 110p. 111p. 112p. 113and his solemn promise before the Society, as many can**…ee two Letters annex'd to the later end of this Book. witness.

Thirdly, That the Bishop of Ely himself, in whose power the Committee was to act as to this cause, could not by our Statute give way to the keeping vacant any Fellowship without the desire and Counsel of the Master and major part of the Fellows; but here there appeared no desire of so much as one of the Fellows to have it kept longer vacant. But the Master did it alone of his own head, contrary to the sense of the major part of the Society, and contrary to our express Statute, which says the Master should not headily rely upon his own wisdom, but stand to the discretion of the major part.

To these things the Master having replyed what he thought fit, we were commanded to withdraw, and the Committee being, it seems, sensible that the Fellowship being void by death was not theirs, but the Colledges right to dispose of, made this following Order.

p. 114March the 27^th. 1651. At the Committee for Reformation of the Ʋniversities.

UPon Reading the Petition of Mr. Tobias Conyers, Bachelor of Arts, and Scholar of Peter-house in the University of Cambridge, together with the testimonials 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 the Committee; It is Ordered upon debate of the matter, that the Master, or President and Fellows 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 accompt thereof to this Committee on this day fortnight.

James Chaloner.

The Colledge having received this Order, proceeded according to their usual form within eight dayes, unto an p. 115Election. The result of which was the Election of Sr. Conyers into the said vacancy; to which Election the President, and all the Fellows were consenting, excepting onelyonly three Juniors brought in lately by the Masters interest at London, and who indeed according to our Colledge Statutes being in their state of minority, and not out of their year of Probation, should have had no voices in the Election; yet these three not agreeing, neither, in any one man for a Competitor.

The reasons moving the Society to the Election of Sr. Conyers, were these:

First, he was one in a speciall manner design'd out to us for that perferment by our Colledge Statute, both in regard of poverty, a thing generally favoured in all Statutes, and likewise in regard of his Countrey, our Statute allowing two Fellowships for each County, and but one of them supplyed with men of his qualification, and this Fellowship belonging to the Northern Division, which we were bound in the first place to see supplyed.

Secondly, Our Statute commands us to chuse the ablest man we know p. 116of, or can find out. Now Sr. Conyers was known to be one of the greatest eminency for learning and parts in our whole Colledge, insomuch, that though we had a general Order made some years ago for examination of such as should stand for Fellowships, yet was it unanimously agreed even by those that dissented from the Election, that they were all so well satisfied of his learning and sufficiency, as that the former Order for Examination might well be suspended for that time, except some man should declare to the President his intent to stand as a Competitor against him, in which case there should be an examination; but no man adventured upon the tryal.

Thirdly, He was well known to us for the general course of his life to be one of a pious and vertuous conversation; Excepting only that once growing a little elated by a sudden promotion, and falling acquainted with a malignant, he began to be a little seduced, in which time, (which was about two years ago,) 'twas his ill hap to be in the company of some Rakels of another Colledge, who drank the Kings Health, and he with them: But p. 117for this fault, with some concurring circumstances, he did then receive most severe punishment, every way answerable, if not greater then the offence: And for the malignant distemper, that held him not above two months; he was by his Tutors and Fathers Counsels soon reclaimed from it: and as his life had been before this one unhappy misdemeanor, so was it all the time of his abode in the Colledge after, which was for above a year, exemplarily pious and vertuous. And he had both to his Tutor, and to some honest Scholars of his acquaintance given that full evidence of his change of mind both in reference to piety, and good affection to the State (which he had likewise evidenced by that ordinary way of taking the Engagement) that there could not be now left any scruple in any rational man's breast concerning either his piety or good affection to the Commonwealth. Besides all this, he had a most ample testimony both of his piety and good affection to the State, such as is not ordinarily given to any man, from some godly and wel-affected Gentlemen and Ministers in Norfolk, p. 118where he had lived the last year of his discontinuance from the Colledge.

Some buzzings there were of some Heterodox opinions which he was said to hold, but neither did the Master, nor any one of the Society, even of those that discented from the Election, lay any thing publickly to his charge, and the utmost that any of us could hear, so much as by rumor, was only of some innocuous, though unwary expressions uttered once at a hudling dispute in the Schools, and at an after-supper discourse at one of the Sophister Feasts; at which times all men know how ordinary it is, and how inoffensive to maintain by way of dispute the greatest Paradoxes.

Fourthly, The Order for Election being made upon his Petition, and sent down to us, with our own and the Norfolk testimonial annex'd, we look'd at him as one recommended to us by the committee, as the godly and learned person intended (though in tenderness to the liberty of our Election, not nominated) by their Order. This Election thus made, upon those solid reasons, with a full accompt of all our proceedings in it, we did p. 119according to Order make a return of to the Committee, not for confirmation (for the Election being every way full and legal, needed it not) but only to shew, that in obedience to their Order, the Fellowship was forthwith supplyed by Election.

The form of our return to the Committee, containing the whole proceedings of our Election, was as follows:

To the honourable Committee for Reformation of the Ʋniversities.

WHereas there hath been sent to the Colledge an Order from this honourable Committee, dated March 27. 1651. requring rhe Master or President and Fellows of Peter-house 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, and Scholar p. 120of the house of our Colledge, being one generally well approved of amongst us for his piety, learning and good affection to the Commonwealth, was in a full meeting of the President and Fellows elected and admitted into the said Fellowship, according to the Statute and Custom 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^th. 1651. At the Committee for Reformation of the Ʋniversities.

UPon reading the Petition of Mr. Tobias Conyers, Bachelor of Arts, and Scholar of Peter-house in the University of Cambridge, together with the Testimonials 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, & Fellows of the said p. 121Colledge 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 Fellows then pres…nt, that in obedience to the Order from the Committee for Reformation of the Univeisities, dated March 17. 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 Quarls President

James Clark Dec. sen. dep.

Edward Sam's Dec. jun.

Robert Quarls President.

p. 122April. 3. 1651.

Agreed by the President and Fellows 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 Society, dated July 15. 1646. that so the most worthy persons may be Elected.

Robert Quarls President.

James Clark Dec. sen.

Charles Mildmay Dec. jun.

p. 123April 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 Custom of our Colledge, by me

Robert Quarls President.

Presentibus Sociis

John Francius.

Charles Hotham.

James Clark.

Francis Brock.

Edward Sam's.

Charles Mildmay.

James Goodale.

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 Colledge Diary, which with the following Schedule is a full account of our whole proceedings concerning the aforesaid Election.

Ita testamur

Ro. Quarls Pres.

Ja. Clark sen. Dec.

Ch. Mildmay Dec. jun.

p. 124Aprilis 5. Anno Dom. 1651. Conventus Praesidis & Sociorum Collegii S^ti 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 tantum.

Ego Carolus Hotham eligo Tobiam Conyers Eboracensem in Artibus Baccalaureum, in locum supradictum; id{que} in annum probationis tantùm.

Ego Jacobus Clark 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.

p. 125Ego Carolus Mildmay eligo Tobiam Conyers Eboracensem in Artibus Baccalaureum, in locum supradictum; id{que} in annum probationis tantùm.

Ego Jacobus Goodale eligo Johannem Quarles Norfo…ciensem in Artibus B…ccalaureum, in locum supradictum; id{que} in annum probationis tantùm.

Ego Thomas Church eligo Gulielmum Stavely Leicestriensem in A…tibus Baccalaureum, in locum suprad…ctum; id{que} in annum probationis tantùm.

Ego Radulphus Heywood eligo Gulielum Stavely Leicestriensem in Artibus Baccalaurem, in locum supradictum; id{que} in annum probationis tantùm.

Ego Gulielmus Sam's el…go Tobiam Conyers Eboracensem in A…tibus Baccaluareum in locum supradictum; id{que} in annum probationis tantùm.

Ego R…bertus Quarles Praeses hujus Collegii, eligo, & electum à majori parte Sociorum pronuncio Tobiam Conyers Ebroracensem in A…tibus Baccalaureum, in locum Matthaei Hanscomb supradictum; in annum probationis tantùm.

p. 126Formula 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. Clark sen. Dec.

Cha. Mildmay Dec. jun.

But the Master, who would neither according to his duty come down to be present at the Election, not so far own the Colledge, whose Rights he is by the fundamental 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 p. 127Enemy, rather then Master of the Colledge, comes to the Committee 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 scandal to the Colledge (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. I hat he had been guilty of Heresie and blasphemy, and upon that account was refused at St. Johns Colledge, 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 recommended to me p. 128by his Father, a godly Minist…r 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 Scholar, in which service he demeaning himself with all faithfulness and diligence, and shewing himself in the quick 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 suiter 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 Schoolar 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 p. 129vacancies of these places, which fell out accordingly; but he whom I had spoke for was never the nearer; 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 and 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 enformed) call the President (a man of more standing and worth then himself) 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 poor a 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 something infected, and by chance p. 130a Rakel of Pembroke-Hall coming in to our Butteries, and beginning the Kings health, 'twas his unhappiness (as of some other simple Lads there present, who were no malignants) to pledge 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 Colledge by his impunity, I corrected him publickly before two or three of the Scholars in my Chamber; and because I conceived a Fathers admonitions might be most powerful with him, I sent him down to the Countrey with Letters to his Father, informing him how the case stood, that if a real reformation should appear in him, he should be welcom 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 Countrey, his Father returned him up to me again, as a p. 131reformed man, of which he gave good evidence by a whole years pious and 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 asmuch 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 Colledge, and hearing of a way open in St. Johns Colledge, I made a suit to some of that Colledge in his behalf, acquainting them sully 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 Fellows there, of a report they had heard of some Arminian tenent which he had maintained in the Schools, whereupon p. 132I sent for Sir Conyers, and charg'd him with it; chid him for that he had, contrary to my counsels, 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 judgement, he should not deny it for any worldly preferment; but if those things which he was said to have disputed for in the Schools were not his judgement, 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 judgement, and that he doubted not of giving satisfaction in any reasonable way that could be expected: Whereupon I w…it to St. Johns Colledge, 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 suspition that was conceived of him could not be removed p. 133in such an instant, and that therefore it was better to forbear sitting; which counsel of his was accordingly followed.

So the poor young man distitute of maintenance, was not able to continue longer in the Colledge, but retired to a poor employment into Norfolk, where he hath liv'd neer the space of a whole year; during which time, what his behaviour hath been, and what opinion the religious, and wellaffected 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.

Nor ss.

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, useful in teaching of children, and painful and industrious in his calling and studies: And that from time to time he hath shewed good affection to the present Government, and settlement of the Commonwealth; and hath been desirous after the b…st things, and expressed much longing p. 134after 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 11^th. of February. 1650.

John Reymes,

Edward Waile, Pastor of the Church at Hapton.

Nathaniel 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 onelyonly for a short time seduced, and quickly cured of his distemper: as for a scandal which 'twas his unhappiness to fall into, he received then condign punishment, and therefore ought not to be punished again for the same, especially his life both before and after p. 135being 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 hath 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 believe he was ever guilty of … in the least. But with Episcopal spirits every petty difference in opinion is a capital 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 errors into the true knowledge of God.

Besides, it might have been considered, that his election was onelyonly 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 ot his possession. And p. 136therefore the danger of him, if there were any, was not considerable. But that we have one in our Colledge put in by this Committee, who since the date of this misdemeanor▪ was so malignant, as publikely, in the face of all the Colledge assembled together, to parallel 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 Committee that he might according to our Statute stand upon his good behaviour for one year, before a final setlement 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 faithful to the Commonwealth of England, would neither petition himself, nor joyn with us in that petition: whence 'tis apparent, that the great object of his distaste here was not the malignancy, but only the person now clear p. 137enough from that disease.

Lastly, though I will not take upon me to enqure into the hidden mysteries of a Superior Power; yet this I shall say, that that power which can eject a man out of his legal possession for a misdemeanor of a date of neer 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.

The Committee having heard what they thought fit on both sides, we were commanded according to custome, to withdraw, and the doors to be shut.

What was said pro, or con at the private debate, the man with the great Beard onelyonly knows. But the result was as followeth.

April. 10. 1651. At the Committee for Reformation of the Ʋniversitie….

FOr as much as it appears to this Committee, that Tobias Conyers, elected by the Fellows of Peter-House, into the Fellowship of Mr. Hanscomb, p. 138hath been guilty of scandal, and malignancy, therefore this Committee adjudge 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 endeavor'd to be thrown upon it by our unworthy Master; in which (being little more then a bare historical narrative of the proceedings) I do not in the least take upon me to judge of the Honorable Committees severity in this their censure upon Sir Conyers, only to make it appear, that the President and Fellows in their choice of him did nothing but what ws agreeable to their trust, both as members of the Colledge and Commonwealth.

p. 139A 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 desire him much to the contrary. Sir Church is admitted into it; after seven dayes (prefixed by the Fellows) were expired. Sir Heywood the under Butler did bring yesterday morning another Order for Mr. Majors place; which we do much wonder at, seeing Dr. Seaman at his last being at Chambridge, did both give several Statutable reasons; why this place ought to be kept void: as also did promise, to do his best indeavors that it might be also. Being then, that Dr. Seaman, and the major part of our Society are now at London, I thought good to make a stop of Sir Heywoods admission for seven p. 140dayes, till we hear what your mind is. I do not know where Mr. Hotham, Mr. Clark, and Mr. Brock have their lodgings at London: otherwise I had written to them also. I have acquainted Dr. Seaman to the self-same purpose yesterday being Tuesday and t…e 24 of December, at the receipt of that Order. I sent my Letter unto him with one Green a Cambridge 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 …ociety now at London. With the wishes of a happy new year, I rest; desiring to hear of you this week.

Sir, I am yours, &c. I.F. Cambridge in haste. January 25. 1650.

p. 141A Letter from one of our Society upon the same occasion, to another of our Fellows then in London.

Sir,

SInce your departure, there is another Mandamus come to supply Mr. Majors Fellowship, Sir Heywood hath got it, and expects his admission daily; but Dr Francius hath sent to the Master to know his resolution, as als… the minds of the Fellows which a…e in London, determining to d…fer his admission till he hath received your answers, or be ascertain'd whether you will vindicate the Colledge from such a manifest violation, and intrusion, or not. Sir, 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 Colledge from so great a detriment: You may press the Master with those protestatious which he made the last time he was with us, whether they are not incompatible with Sir H…ywoods Mandate, p. 142or 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. Sir, 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 dayes should be expired before you were acquainted with it. I have nothing else but my Service to present unto your self, Mr. Hotham, and all the Society with you, and to subscribe my self.

Yours, &c. C. M. Decemb. 21.—50.

FINIS.

End of the text · Charles Hotham, Corporations Vindicated (1651)