A True state of the CASE OF Mr. Hotham, Late Fellow of Peter-House; Declaring the grounds and reasons of his Ap­peal to the Parliament, against the sentence of those Members of the Committee for Reformation of the Universities; who on May 22. last, Resolv'd the writing and publishing of his book Intitled The Petition and Argument, &c. to be scandalous and against the Priviledge of Parliament; and himself to be de­priv'd of his Fellowship in that Colledge.

[printer's or publisher's device]

Printed in the Year, 1651.

To every Member of the Parliament of the Common-wealth of England.

A true state of the case of Charls Hotham of Peter-house, lately depriv'd of his Fellowship in that Col­ledge, by the Committee for Reformation of the Ʋni­versities.

Humbly representing for the more full and clear understanding of the grounds and reasons of his Appeal to the House against their censure.

THat in the year 1644. The University of Cam­bridge, being by multiplicity of ejectments of Delinquent Masters and Fellows, almost wholly depopulated, and there being a great want of men of reasonable seniority, for the supply of those many vacancies; he did, not of his own seeking, but upon several motions from some of that Colledge, and after near half a years deli­beration, accept of a poor Fellowship in Peter-house, confer­ed on him by authority of Parliament; which Fellowship he hath ever since that time stood seized of, with all the rights and pri­viledges thereof, as his just and legall possession; and hath, as he can well make it appear, demean'd himself in that charge both as becomes a Christian, and a faithful member of that Colledg and University, and of the Common-wealth of England; whose in­terest he hath always to this day zealously promoted to the utmost of his power.

That in pursuance of the same Common-wealth interest, he did on the 27. of March last past, prefer a Petition to the Honou­rable, the Committee for Reformation of the Universities, against the negative voice of the Master of that Colledge; and for the fuller extirpation of that destructive power of one man over a Community, did pray of that Committee, that a remedy might be granted the Colledge agreeable to what was granted by Par­liament to the Common Councel of the City of London, in the year 1648. against the negative voice of the Lord Mayor of that City.

That on April the tenth last past, being the day appointed for taking his Petition into consideration, he did (as he humbly con­ceives) make it appear before the said Committee, that the Master of the Colledges claim to a negative voice, was not at all war­ranted by the Statutes of the University rightly understood, and was besides contradictory both to the Founders intention exprest in the Statutes of the Colledge, the grounds of our war against the late King, the common Law of reason, and the interest of a Common wealth. And that to the taking away the many sad in­conveniencies of the negative voice, the remedies by him Petiti­on'd for, were of little less then absolute necessity, being no other in substance, then what the wisdom of Parliament had thought fit to be granted in a parallel case to the City of London, where yet the danger was not so great, as in our smaller Corporation; their chief officer being annually changeable, and new elected to his trust; but ours, one and the same during the whole term of life.

And he was hopeful that these his endeavours would have pro­cured a speedy and effectual redress of that fundamental grievance of the Masters negative voice; and his power of calling or dis­solving of meetings, and propounding or refusing of questions at his own only pleasure.

But the Committee (possibly not having power to go further) were pleas'd, that day, onely to make a resolve of taking a view of the Statures of every Colledge throughout both Universities, that they might be reduc't to such a state, as might render them most conducing to the advancement of true piety, and the interest of a Common-wealth; and did then appoint a sub-Committee [Page 3]of their own members, or any three of them to meet, consider, and make report concerning the same; some of which about 15 days after, did meet, and give order, that the Heads of Colledges, and officers intrusted with the government of the Universities for the time being, should send them transcripts of the said Statutes; and should likewise themselves meet, and propose to them their opi­nions of what they should find in the said Statutes prejudicial to Religion, piety, learning, good manners, or the present govern­ment, or of any defects in the said Statutes, and the best reme­dies for supplying them.

Which way of proceeding, however intentionally good in those worthy Gentlemen of the sub-Committee, yet he fear'd that through the suggestions of the Master of the Colledge residing in London, and his assistant Mr. Byfield, together with some Colledge impediments, would prove a way of prolongation and perplexity, tending to the wearying out of those that were really desirous of reformation, and rendring all their endeavours fruitless; The suppression of a negative voice, though the main scope of the Committees first resolve, being not once mention'd in that Order: and it being besides very unlikely, that the Head of our House, whose concurrence was as to our Colledge specially required, would be instrumental to the abatement of his own prerogative.

Whereupon knowing of what great concernment it might be to some principal points of the Reformation resolv'd on, that both the first Resolve, and the occasion upon which it was made, should be publikely known by all that were to be actors in it; he did (for the better information both of the Universities, and ve­ry many Members of the Committee not present at the making of the first Resolve) publish in print his said Petition and Argument, with a full historical Narrative of that days proceedings, as to that Colledge, of which he was a member, together with two Prefaces, the one to the honourable Committee, the other to the Society.

In the former of which he did with all due respect, and in hum­ble manner, make to the honourable Committee, a discovery of such obstructions as he conceiv'd would retard them in this way of their intended reformation; And was hopeful that his publish­ing thereof, would both have appear'd a necessary and acceptable service, and have procur'd a removal of those obstructions. But the contrary soon appear'd.

For no sooner was his book publish't, but it was on their very next sitting day complain'd of in that Committee; and was by them referr'd to a sub-Committee of divers of their Members, or any two of them, to consider of the said book, and report their opinions concerning the same on May 29th next ensuing; which he hearing of, did on that day present himself before them: And being ask't the question, did (except in some inconsiderable escapes of the Printer) own the book; Whereupon he was commanded to withdraw. And immediately (upon one or two of the sub-Committees report) without his being at all call'd to hear any charge, or make answer for his defence, his writing and pub­lishing of his book was adjudged scandalous, and against the pri­viledge of Parliament; and he to be depriv'd of his Fellowship in the said Colledge, which at their very next sitting was confer'd upon another. Which extream hard measure, not usually pro­ceeding from Committees of Parliament, he cannot but impute to the evil influences of the Master of the Colledge, and of his offici­ous agent Mr. Byfield, who though no member or officer, either of the Univer­sity, or of that Committee for Reforma­tionSome employment he hath at the Committee for aug­mentations, sitting on wed­nesdays: but when they sit as a Committee for Re­formation of the Ʋniversi­ties on Thursdays, he hath (as far as I can learn by any means) no pretence of of­fice there, but is a meer in­truder: and therefore be­ing no ways entrusted by the Ʋniversity, nor call'd to it by the Committee, his un­civil intrusion into their privacies, together with his other intermedlings, ren­ders him justly suspected., yet intrudes himself to be present, a hearer and speaker in their private de­bates, even in such cases wherein he hath pleaded as a party, and when those most concern'd to be present, and could give truest information, have been command­ed to withdraw. And hath further some­times endeavour'd to intrude his alloy in­to the penning of their orders.

Of which strange censure and proceed­ings against him he is the more sensible, because he knoweth in his own conscience that he hath in these his representations of truth to the honourable Committee used much candor; and hath been very tender and careful of not giving them any just cause of offence; and is as yet altogether igno­rant that his book containeth any thing of that nature; there be­ing nothing therein but what he verily believes he is able upon an [Page 5]indifferent hearing to make appear to be consistent with truth, and with that respect due to such an honourable Assembly; and much tending to the advancement of the true principles and interest of the Common-wealth of England. Nor doth he know that he hath done any thing against the priviledge of Parliament; and is certain he should have been very careful to have avoided any thing tending thereunto, had he been so happy as to have had any means of knowing what those priviledges were.

And in all humility wisheth they were publish't to the whole Nation, that other men might not be thus split (as it hath been his hard lot to be) upon rocks under water. And he is further whol­ly unsatisfied how so great a power can be in that Committee, as to enable them to adjudge that scandalous, and against the Pri­viledge of Parliament at their own private discretion, which no precedent Law, Act, or Declaration of Parliament hath manifest­ed to be of that nature; or to deprive any man of his just and le­gal possession, whether descended to him by the ordinary course of Law, or confirm'd upon him by authority of Parliament, with­out due triall and conviction for some offence punishable with such forfeiture; An arbritary power in any Court of Judicature having been always accounted (as in the High-Commission, Star-Chamber, &c.) a grievance of the highest nature, and the same declared by the Commons in Parliament, April the 17th 1646. (when the Assembly of Divines desir'd such a power to be invest­ed in their Presbyteries) to be inconsistent with the fundamental Laws and government of this Nation.

Yet that these their proceedings against him were wholy arbi­trary, may here appear in that he was neither by those of the sub-Committee, which were appointed to consider, and report their opoinons of his book, nor by the Committee it self, once call'd to hear any charge, or to make his defence, as to any scandalous matter contain'd in his boook; or any thing therein tending to the infringement of the priviledge of Parliament, or any Law by him trangsgrest in the writing or publishing thereof.

Their only charge laid against him in his absence, as is attested by their publick officer, was verbatim as followeth.

The Petition and Argument of Mr. Hotham, The book though Without a name, owned by him, dispersed by him, his Letters about it. [Page 6]Epistle to the Committee, His Argument against the Order of the sub-Committee, p. 4, & 5.

This I say, that that power which can eject a man out of his legal possession for a misdemeanor of a date of near two years old com­mitted and punished in the days of his minority, long before his en­trance into that possession, must sure be very transcendent and above that of any either Common Law or Chancery, that I have heard of, p. 45, 46.

Gilb. Millington. Peter Temple.

To which though he (being not suffer'd to be present at their ma­king the report) holds himself no ways oblig'd to make answer: yet for the better vindication of his integrity, he cannot but take notice

  • 1. That it seems strange to him the book should be said to be without a name, his name being prefixt both in the very front of the Title page; and to each of those two several Prefaces, in both of which he own'd the whole book.
  • 2. For his owning and dispersing the book, by sending Copies with Letters to Members of the Committee, till the book it self be duly proved and adjudged scandalous, he hopes will be ac­counted no crime; and for his Letters about it, he appeals to those Gentlemen themselves to whom they were written; and requests of them that favour, that if there were in them any scandalous or unseemly expressions, it may be declar'd before the whole House.

Concerning his Epistle to the Committee and Argument (as the Reporters stile it) against the order of the sub-Committee, he hopes the prefacing to the one, or in a fit manner representing to the other the inconveniencies or imperfections of their order was a thing not at all contrary to any Law of the Land, or of com­mon reason; books having been usually put forth with Prefaces Dedicatory to the Parliament it self, with many Petitions repre­senting ways of Reformation, diverse from their present proceed­ings.

The only offensive passages cull'd out of the whole book by the reporters, are pages the 4 and 5 of the Preface, and page 46 of [Page 7]the book it self: All which seem to reflect either upon Mr. By­field, or upon the Committee, or sub-Committee themselves.

As for Mr. Byfield, he being already prov'd to be a meer intru­der, or, as the Apostle phrases it, a busie body in other mens matters, no reason why he might not be made bold with; and if he were resembled to that Switzer, who by his tall stature, and grave aspect, sumptuous coat, and guilded halberd (which the Country fellow might possibly take to be a Royal Scepter) toge­ther with that imperial power he exercised in knocking away the rude multitude from the gates, and those many low congies that were made to him for admittance into the Court, was by the Idiot mistaken to be the King himself; its a similitude will hold water in the most material circumstances.

For that this man is by many of the University and others look't at as a great man, and sought to by most of those that make ad­dresses to that Committee, is a thing will not be denyed by any; and much disputing there hath been both in the University and elsewhere, under what notion, or in what relation he was so con­stant an attendant there: some said he was the Clerk, some a member of the Committee, others that he stood there to repre­sent the Assembly of Divines, whose Scribe he once was. The on­ly grand circumstance the similitude fails in, is, that to stand at the gate was the Switzers office, being its like the Porter: But that Mr. Byfield hath not so good plea for his officious attendance.

To all which if you add this further, that he is generally reputed to be a man of a meer Kirk interest, and attending there to pro­mote it (of which you have a taste in that speech of an observing man in our Colledge quoted page 3. of the Preface) he hopes 'twill not be thought ill service to have given the Committee no­tice how by this mans intrusions, a general disrepute was in dan­ger to be cast upon their whole proceedings.

And for charging upon him a suspicion of having had a finger in the penning that Order of the sub-Committee, 'twas not alto­gether groundless, he having been in a former case deprehended in the very manner, grosly tampering, as may appear by the fol­lowing attestation of one of our Colledge, who was present with me at the discovery.

When Mr. Hotham and I came to Mr.Needler for the Order [Page 8]concerning Probationership, granted upon our Petition the day be­fore, by the Honourable Committee for Reformation of the Ʋniver­sities; and having read it over, told him, it was not drawn as we conceived according to the sense of our Petition, or the Commit­tees grant: One that was then with Mr. Needler, answered, it was well enough before Mr. Byfield caused it to be altered, and put in­to those terms. Thereupon we desired Mr. Needler to give us a sight of that Order which was first drawn, which he speedily brought to us, and told us he had drawn it up according to the sense of the Committee, but that the other which Mr. Byfield caused him to draw seemed to him nonsense.

Ita testor James Clark.

Therefore having these just grounds of suspicion, that those de­ficiencies in that Order might probably have their original from the same fountain; he might wel think it his duty to manifest them.

And for the Order it self, he hopes 'twill appear enough out of what he hath express'd in the second and third pages of his Pre­face, that his design was not to carp at, but applaud it. And as for those obstructions pointed at, he leaves to any indifferent man to judge, whether they were not really such. As,

  • 1. Whether the not sending down to the University (being now call'd in to act their parts in the Reformation) a transcript of the Committees first Resolve; or at least the suppression of its very life and soul in this second Order, by an exchange of that vivacious and clear phrase of [Advancement of the interest of a Common-wealth] into that low [...] expression of [Prejudicial to the present government] were not (though far from those Gentlemens intentions) in its reality a mist cast before the eys of the Universities, and tending naturally to make them set up their rest in the mid way of their journey?
  • 2. Whether the Master of the Colledges concurrence being requir'd as a principal ingredient in presenting of matter for the Reformation, and yet he suffer'd to reside at London, where he had such large opportunities of obstructing it; and besides the sting of his Negative voice not yet taken from him, were not of probable danger to envenome or obstruct its progress?
  • [Page 9]3. Whether a company of young unexperienc'd Novices, most devoted to the Masters interest, invested (by their being made compleat Fellows a year before their time) with equal power in this grand transaction with those of ancientest standing, and ex­perience; and these probable to be abetted by the Masters pow­er at London, were not a just discouragement to our Colledge from acting their parts?

And for what was there alledg'd by him of these lads necessary ignorance and inexperience in Colledge affairs, and Statutes, of their incapability of that power of acting as compleat Fellows by our fundamental Statutes, of their being by their several relations and obligations to the Master most devoted to his interest, and of the strong probability there was that they would act according to his private instructions; these things falling most properly with­in our Colledge cognizance, he dare appeal to the consciences of all there present, whether he hath not spoken the truth; and humbly propounds whether they of the Colledge are not the most competent judges of the truth or falshood of this assertion.

But how these Novices came to be invested with that extraor­dinary power amongst us, because in that passage he hath seem'd to be most bold in reflecting upon the Committee it self; he hath annexed hereto a full account of the whole proceedings of that controversie.

To that excerpt out of the latter end of his book he might alledg,

  • 1. That that short Apologetical preamble with which 'twas usher'd in, and which might have procur'd a more favourable a­spect on the whole sentence, is by the reporters cut off, viz. these words [though I will not take upon me to enquire into the hid­den mysteries of a superiour power] yet this I shall say, &c.
  • 2. That his very words are alter'd, which were not [this I say] but [this I shall say.] Upon which exceptions though he laies not much stress (being resolv'd to make use of point-blank reason, not any Leguleian shifts to vindicate his integrity) yet he appeals to any indifferent man whether such omissions smell not something of a desire to prejudice him.

But take the words as they are set down by the Reporters them­selves, and he dare appeal to the consciences of all Englishmen, whether they are not a clear truth; viz. This I say, That power [Page 10]which can eject a man out of his legal possession for a misdemeanour of a date of near'Twas near three years. two years old, committed and punished in the days of his minority, long before his entrance into that possession, must sure be very transcendent, and above that of any either Common-Law or Chancery that I have heard of.

Lastly, he humbly propounds to your consideration the nature of the Commission directed from the Committee to these Gen­tlemen of the sub-Committee, or any two of them, which was not to consider of the book, and onely to cull out matter of accusation, but to report their opinions of the whole, under which conside­ration would have fallen naturally these questions;

  • 1. Whether those impediments of the Reformation he gave the Committee notice of, were not really such?
  • 2. Whether those things objected against Doctor Seaman and Mr. Byfield, might not be prov'd to be consistent with truth, and of good use to be enquir'd into?
  • 3. Whether
    • 1. That treacherous dealing of the Master of the Colledge in hindring us of an Election we desir'd, upon pretence of keeping the Fellowship vacant for Colledge debts, and yet giving way to his own man to get it to himself.
      Besides the ta­king with him to London a Letter, in which were some ex­pressions of seeming, preju­dice to the Col­ledge, and to give it in to Mr. Byfield to have pleaded it if need were in his mans behalf against the Col­ledge Title: Which Letter being delivered to him in a Colledge meet­ing, he hastily upon the read­ing put up in his peeket, refusing to leave it to be kept either by him to whom 'twas written, or by the President, among other papers of publike concernment.
    • 2. And afterwards in another Election instead of coming down to be present, or acquainting the Fellows before the Ele­ction, with what particular exceptions he had against the person in view to be Elected; to appear after the Election, with his exceptions before the Committee, in effect as an enemy, and accuser of the President, and Fellows for Electing him.
    • 3. And lastly, his refusal so much as to joyn in a Petition, that one made Pellow by the Committee, who had not long before publikely in the face of the whole Colledge, parallel'd the Parlia­ment with the plotters of the Gun-powder Treason, might stand Probationer for one year according to our Colledge Statute, were not high breaches of his trust to the Colledge; and of his engage­ment to be true and faithful to the Common-wealth of England; and he for this and the former causes deeply meriting to be re­mov'd from his office of the Mastership of that Colledge?
  • [Page 11]4. And principally, whether his Argument against the Ma­sters Negative Voyce, with those other appendant powers there mentioned, were not full fraught with reason and convin­cing evidence, that they ought to be declar'd against and abo­lish't: and whether both in the Prefaces and throughout the whole Book it self, a strong endevor towards the promotion of true Par­liamentary Principles and advancement of a Commonwealth in­terest were not most visible and apparent?

And therefore for the Reporters without once taking notice of any one of those most materiall points of inquisition, or giving their Opinions of the whole, to fix only upon a few passages of the Preface and Conclusion conceived most obnoxious to Censure, and to represent those only to the Committee that entrusted them with the consideration of the whole Book: he humbly leaves it to the judgement of every Member of Parliament, whether it were an indifferent discharge of their Commission, or rather the pursuance of a design both to ruine him, and discourage others from ever appearing for that true Commonwealth-reformation by him contended for.

Therefore finding thus contrary to all expectation his faithful endeavours for the advancement of the Commonwealths interest (in the extirpation of that root of tyranny, a Negative voyce) thus supprest, his person disgrac'd, his sincere affection to the Par­liament misrepresented, his good intentions and endeavors for publike good misconstrued, and his legal possession wherein he might have been further serviceable, thus taken from him, having no hopes of redress there, where unheard he hath been con­demn'd, and where he hath cause to fear the malice of his adver­saries hath been too operative, he hath taken the boldness (and craveth leave) to make his Appeal from the proceedings and censure of that Committee, unto the Supream Justice of this Honorable Parliament, in full assurance,

That you will be pleased to take into your own serious conside­ration, the manifold prejudices of a Negative voyce, and those other destructive powers of the Master of the said Colledge, large­ly set forth in this Book, to which he humbly referreth. And that you will abolish the same for ever, as you have done in the City of London 'its abolition in a publike Nursery of youth, being (as [Page 12]he hopes he hath in that Book demonstrated, pag. 22 23.) of most eminent concernment to the whole Nation.

2. That you will sadly lay it to heart, in what an unsure con­dition the freedom of every Member of the Commonwealth of England stands, if like Tenant at will he may be at the pleasure of a Committee, upon a meer general pretence of scandal, or breach of Priviledge, not declar'd such by any precedent Law, thrust out of that possession or office he enjoys as his Freehold, whether by ordinary legal discent, or Parliamentary authority.

3. And withall in numerous Committees, where no particular member is necessarily required to be present, but any five, or the like small number suffices to make a Quorum; how easie it is in Committees so constituted for any just and innocent man to be oppressed by a few misinform'd members, while others, either not knowing, or not regarding, or by their necessary diversions in other Committees, are inforc'd to be absent. And how if timely care be nor had for prevention, it may come to be many of your own cases [...]

4. That you will please to consider how probable 'tis that no­thing but his constant and open appearances for Common­wealth principles may have been the true original of these exaspe­rations of some against him: and how great discouragement must needs fall on your cordial friends both in the Universities and else­where, where his constant good affection to the Commonwealth, attested in the following Certificate, (B) under the hands of ma­ny eminent and well known persons in the University; and a­bundantly express'd in that very Book he is condemn'd for, and these unheard of proceedings against him hereunto annex'd, (A) shall come to be compared together.

And how great a colour it will give to enemies to calumniate your Authority if you shall suffer an Endeavourer after the best Reformation to fall under the like doom with that of the rebuil­der of Jericho.

And lastly, That upon a due consideration of the premises, you will be pleas'd to use your particular endeavour, that his Petition now in the hands of a worthy Member of the House may be taken into speedy consideration.

Charls Hotham.
May 22. 1651. At the Committe for Reformation of the Ʋniversities.

ORdered that Doctor Palmer, Mr. Nevil, Mr. Oldsworth, Mr. Moile, Mr. Millington, Mr. Dormer, Mr. Peter Temple, and Mr. Rous, or any two of them be a Sub-Committee; to consider of the book this day presented to this Committee, Enti­tuled, The Petition and Argument of Mr. Hotham, &c. and to re­port their opinions concerning the same to this Committee on this day seven-night.

The Report. The Petition and Argument of Mr. Hotham.

The Book, though without a name, owned by him, dispersed by him, his Letters about it;

Epistle to the Committee; His Argument against the Order of the Sub-Committee. p. 4. and 5.

This I 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 dayes of his Minority, long before his entrance into that Possession, must sure be very tran­scendent; and above that of any, either Common-Law or Chan­cery that I have heard of, p. 45, 46.

Gilbert Millington, Pet. Temple.
May 29th 1651. At the Committee for Reformation of the UNIVERSITIES.

VPon hearing the Report from Mr. Millington, touching the Book Entituled the Petition and Argument of Mr. Ho­tham, &c. And upon long and serious debate thereof,

It is resolved by this Committee,

That the writing and publishing of the said Book, which was [Page 14]this day publikely owned before this Committee by the said Mr. Hotham, is scandalous, and against the priviledge of Parlia­ment.

Resolved by this Committee,

That Mr. Hotham, Fellow of Peter-house in Cambridge, be de­prived of his Fellowship in the said Colledge from this time forward, and the President of the said Colledge is to see that this be put in execution accordingly.

Present at the making of this Order, be­sides the Chayrman, were these Mem­bers following:
  • Mr. Oldsworth.
  • Mr. Salloway, Sen.
  • Sir Arth. Haslerig.
  • Mr. Say.
  • Mr. Millington.
  • Mr. Peter Temple.
  • Mr. Rous.
  • Colonel Harvey.
  • James Chaloner.
  • Ro. Brewster.
  • [...]a [...] Whittaker.
  • Will. Say.
  • Gilb. Millington.
June 12. 1651.

WEe whose names are hereunder written, being requested to declare our opinion concerning Mr. Charls Hotham of Peterhouse in the Universitie of Cambridge, do hereby freely and from our consciences testifie concerning him. That as he hath for many years been generally known and approved of by the most godly and best affected men in the said Universitie for a man of very great eminency in Learning, strictness in Religion, unblameableness in conversation, and good affection to this present Parliament; So he hath to our knowledge in particular, as well in his private converse, as in his publick performances, fully answered, if not exceeded common estimation. And we further testisie, that he hath in the most dangerous times publikely asserted, and in his place zealously prosecuted the Parliament Cause; and that he hath at all times, as occasion hath been offered, and espe­cially in the year of his Proctorship, with good success endevoured the advancement of Religion and Learning, and promoted the Reformation of the University. And we do verily believe, that as he hath been an ornament, and a happy Instrument of much [Page 15]good to this University. So by the blessing of God upon his further proceedings, he will be very serviceable to the Common­wealth in whatsoever place the providence of God shall call him unto. In witness whereof we have hereunto set our hands the day and year above written.

  • Isa Worral.
  • Charls Robotham.
  • Rob. Cheek.
  • Rich. Stedman.
  • Alex. Akehurst.
  • Jo. Davis
  • Walter Catstry.
  • John Nidd.
  • Wil. Harrington.
  • Sam. Fairelough.
  • Sam. Ball.
  • Wil. Owtram.
  • Geo. Rust.
  • Tho. Fuller.
  • Jo. Templer.
  • Tho. Gibs.
  • Will. Lynnet.
  • James Clark.
  • Fran. Brock.
  • Edw. Sammes.
  • Ch. Mildmay.
  • Rob. Dade.
  • Jo. Wilson.
  • Ro. Metcalf. D.D.
  • Ral. Cudworth. D. D.
  • Jo. Prat. D. Med.
  • Nath. Rowles. D. Med.
  • Ed. Stoyte. D. Med.
  • Hen. More.
  • Joh. Wells.
  • Sam. Cradock.
  • Joh. Smith.
  • Ph. Meadow.

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

The Plea.

SIR,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

January 28th. Anno Dom. 1650.
  • James Clark.
  • Francis Brock.
  • Charls Mildmay.

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

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

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

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

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

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

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

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

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

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

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

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

  • 1. The better fitting men for government, by a gradual and leasurely as­cent to it.
  • 2. The prevention of those distempers, occasion'd in the spirits of young men by a too hasty promotion.
  • 3. The triall of mens spirits, and securing of the Colledge from being preju­dic'd by such as upon sufficient discovery should shew themselves unworthy of trust.

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

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

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

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

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

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

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

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

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

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

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

I have now onely one thing more to add.

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

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

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

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

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

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

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

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

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

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

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

  • 1. That being a Schoolmaster at a private house in the Coun­try, he hath train'd up a scholar or two for the University.
  • 2. That he had taken his degree of Batchelor of Arts in the University.
  • 3. That for a while he was made a Logick Lecturer in the Col­ledge.
  • 4. That he was by our selves recommended to a fellowship in S. Johns Colledge.

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

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

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

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

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

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

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

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

— Hic niger est, hunc tu Romane caveto.

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

  • 1. His Master, Doctor Seaman himself, if ask't the question, will, for some thing I know, scarcely deny his own suspicion of it.
  • 2. Heres one of our Society who was Moderator at one of his exercises he performed, and can witness he did it very mise­rably.
  • 3. Both Mr. Sedgwicks private examination, that he might have something to say for him, and Mr. Byfield so studiously strengthning himself with defences in that point, before ever we in private, or in publick objected any such thing, argues strongly he saw there was a weakness there; else there would not have needed so much art to fortifie that passage.

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

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

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

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

Sheweth,

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

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

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

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

And your Petitioners shall ever pray,
  • Charls Hotham.
  • Francis Brock.
  • Edward Sammes.
  • Charls Mildmay.

SIR,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Charles Hotham.

ERRATA.

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

FINIS.

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