K m mi m ^^^DNVSOl^ I ^ so S ^•ifOjiivDjo'^ \oi\mi^ ^OfCAllFO% ^^AWHan-# v^lOSANCnCfy. ,^V^f•UNIVERS•//, -n «-> ^OFCAllFO%^ ^OfCALlFOff. ''owmv^ %a3AINflmV' ^lUBKAKIt^r ^ 1 ll-^ ^ ^ 1 !<—' ^ ^OfCAllFO%, "3 /— '> l- 5 ^OFCAilFOM<>, . .\m UrtlVtK3//v vjkilUiATItitlfj mim-i^'^ ^oim-i^'^ '^mwm'^ ,^WfUNIVERV^ ■^/yaaAiNfiJrt _^llftANCElfj ^^limKAHVCy/ vy\lllBKAKl(>i, *5 %Qi\]m^'^ \oi\mi^' OffM ^OfCAllFOff^ .\tttUNIVERVA ^lOSANCFlfjv* o <^3NVsm^ "^/^MiAiNnmv ^A3F CAIIFO/?^ r o > ^OFlAllFORi >&Aav!fan-i^ vj^lUbANlitlfj-^ ^IIIBRARYO/ § 1 ir' ^ ^5^t•UBKAKY(;/" "^/saBAiNft-awv^ "^^i/ojnvD-jo"^ %ojnv3jo'^ \t«UNIVtKJ/A CO ^. vVHAANUtlfj ;lOSANCElfj>, o '^^mmm'i^ ^OFCAlIFOMj^ ^OFCAIIFOI?^ ■^(?AavHan-]f^ >&Aavaan-^^ •^smmow o ■^a^AiND-av^ ^^t.•lllJKAHTCj/: ^^tUBKAKTC// § 1 ir^ i § 1 ir" riijpiTiui "f/ifljAiNii m \im\m//^ ^>i()SANcnfj.^ UDNvsoi^ %MIN^^^\C UBKAKIt//^ >^tll«KAKI(/^ [)jnV3J0'>^ %oiim l.NiMKV/^ IDNVSOV"^ m\s/m/A %fj^ ONvsoi'^ '^'^mmnM vaaii - ^ 5 Z)l I MVtIlJ// ■i-. A- _ THE LIBRARY OF HE UNIVERSITY )F CALIFORNIA LOS ANGELES CAMBRIDGE UNIVERSITY TRANSACTIONS, PRINTED BY LEVEY, HOBSON, AND I'llANKLVN, Great New Street and Fetter Lane. :i4uil'' c. '.J^^.eetb CAMBRIDGE UNIVERSITY TRANSACTIONS DURING THE PURITAN CONTROVERSIES 16TII AND 17th centuries. COLLECTED BY JAMES HEYWOOD, M.P. F.R.S. F.S.A. OF TRINITY rOLLEGE, CAMBRIDGE; AM) THOMAS WRIGHT, M.A. F.S.A. Hon. M.R.S.L. CORRESPONDING MEMBER OP THE INSTITUTE OF FRANCE. IN TWO VOLUMES. VOL. I. LONDON: HENRY G. BOHN, YORK STREET, COVENT GARDEN. 1854. lF TO THE RIGHT HON. HENRY GOULBURN, M.A. F.R.S. M.P. FOR THE UNIVERSITY OF CAMBRIDGE, ETC. ETC. THIS COLLECTION OF HISTOEICAL DOCUMENTS RELATING TO THE UNIVERSITY OF CAMBRIDGE RESPECTFULLY DEDICATED IN REMEMBRANCE OF THE VIRTUES OP THE LATE HENRY GOULBURN, ESQ., M.A. FELLOW OF TRINITY fOLLKOE, rAMHRIDGF,. llliC38 INTRODUCTION. The documents contained in the present volumes belong- to a period of great importance in the history of the Uni- versity of Cambridge ; and they relate to almost every part of its internal government and external privileges. They commence with the University Statutes of 1570 — intended to check the rising power of Puritanism, — and they terminate with the Act of Uniformity of 1662, and the diary of the Rev. Dr. Worthington, who was ejected in 1660 from the Mastership of Jesus College, Cambridge. Religious toleration was little understood in the six- teenth and seventeenth centuries; indeed, society was then in a rude and unrefined condition, of which a curious in- stance is preserved in the decree of Whitgift and the other heads of houses at Cambridge in 1571, ordering that any undergraduate of the University convicted of bathing within the county of Cambridge should be severely flogged in the college-hall to which he belonged,* before all the members of his college. At the present day, a regular bathing place is set apart on the banks of the Cam, and facilities are afforded for an easy access to the river from the colleges. Reformers of religion were at first encouraged by the despotic independence of Henry VIII., as well as by the Protestant regulations of Edward VI. Under Queen Mary the Protestant cities of the continent, Zurich, Geneva, and * See vol. i. p. 5(J, hifi-u. Decrees of tlie lletids. vni INTRODUCTION. Frankfort, offered a safe retreat to the persecuted adhe- rents of the reformed religion ; and after the accession of Queen Elizabeth, these refugees brought back to their native country a determined spirit of opposition to the vestments which Queen Elizabeth and her advisers deemed essential for the services of the Church of England. The free form of government restored to the Univer- sity in the early part of the reign of Elizabeth, and the strength of the Puritanical party among the members of the Academical Senate, gave a predominant pov^^er at Cam- bridge to the friends of ecclesiastical reform. Cartwright, a Fellow of Trinity College, was elected by the Bachelors of Divinity to the Lady Margaret Pro- fessorship in the University. His lectures were attended by crowds of pupils ; his Puritanical views attracted the sympathy of his hearers ; and when he preached at St. Mary's Church it was requisite to take down the windows. Honours and rewards in the gift of the ruling powers of the country were at that time exclusively bestowed on mem- bers of the High Church party. Whitgift received from the Crown his appointment to the Mastership of Trinity College, and to the Regius Professorship of Divinity ; but his theological views were not popular in the University ; tlie number of his hearers was small ; and during his ab- sence on a Sunday from Trinity College, Cartwright with the aid of two friends preached three sermons in the Col- lege-chapel, so vehemently inveighing against the vest- ments of the Church, that at evening prayers all the members of the college, with the exception of three, " cast off" their surplices as an abominable relic of super- stition." * Frequent complaints of the difficulty experienced in the maintenance of external uniformity of ecclesiastical * Fuller's Uitstorj of the University of Cwmhridge. INTRODUCTION. IX discipline were sent to Sir William Cecil, the Chancellor of the University. Whitgift and his friends drew up a new form of University Statutes, partly derived from the pre- vious models of Roman Catholic times, and securing to the Heads of Houses the entire government of the Univer- sity : these statutes are reprinted at the beginning of the present work. They were approved by Sir William Cecil, and imposed on the University by royal authority; but they were so distasteful to the Puritans, that in the act of parliament of 1571 (13th Eliz. chap. 29), for the In- corporation of the Universities, the royal letters patent of the 3d Elizabeth for Cambridge are mentioned alone, without any reference to the academical statutes just en- forced in that University. Dr. Lamb, in the introductory remarks to his Collec- tion of Letters, Statutes, and other Documents, gives the following account of the changes which had been made in the laws of the University during the earlier years of Eliza- beth's reign. " Thus {i.e. by Queen Elizabeth's first visita- tion) the University was again placed under those statutes which had been first given by the visitors of Edward VI., and were now approved, with certain immaterial altera- tions, by the visitors of Elizabeth. After these statutes had been in operation a few years, they were found to be unsatisfactory in some respects to certain of the heads. Cardinal Pole, in his injunctions, had deprived the re- gents* of their ancient right of electing the Vice-Chan- cellor, and had introduced the system of nominating two individuals, one of whom the regents were bound to elect. The cardinal had also interfered with the ancient custom respecting the Caput,f by decreeing that the same indivi- duals should continue in the Caput for a year, and that * Regents are Masters of Arts of not more than five years' stand- ing. Non-regents are Masters of Arts of higher standing than 5 years, t The Caput is a small governing committee. b X INTRODUCTION. each one should have a negative voice. Queen Elizabeth's visitors restored to the regents their right of freely elect- ing the vice-chancellor; and left the Caput to be appointed according to the ancient custom, which seems to have been, that at each congregation three doctors, chosen by the whole body, represented their respective faculties of law, physic, and divinity ; the scrutators sent up a non- regent or representative of that house ; and the proctors a regent or representative of the other house : which five, with the Vice-Chancellor, formed the Caput." Dr. Lamb then goes on to observe on Whitgift's new statutes : " The two new statutes by which the heads secured to themselves the whole management of the University are chapters 34 and 41, respecting the election of the Vice-Chancellor and Caput. When Cardinal Pole deprived the regents of their right of electing the Vice-Chancellor, he gave the nomina- tion of two persons for that office to the heads of colleges, to the doctors of the three faculties, and to bachelors of divinity. Even this limitation was not sufficient for Whit- gift and his colleagues. The new statutes limited the right of nomination to the heads alone, and gave the elec- tion to the regents and non-regents. With respect to the Caput, it seemed too arbitrary a measure to deprive the doctors, scrutators, and proctors of all right of appointing to that office ; and a plan was most ingeniously devised, by which the whole power might be vested in the Vice- Chancellor, leaving these officers apparently a share in the appointment. " The plan adopted was the following : the Vice-Chan- cellor makes out one list containing the names of a doctor of divinity, a graduate in law, a graduate in medicine, a non-regent, and a regent ; each proctor provides a similar list; and out of these fifteen, the heads, doctors, and scrutators prick five, who shall constitute the Caput for the following year. Now it is an understood thing with INTRODUCTION. XI the heads invariably to prick the five names put down by the Vice-Chancellor ; and no instance, I believe, exists of any individual being on the Caput who was not nominated by the Vice-Chancellor. Had the proctors been allowed to put down the names of three regents, and the scrutators of three non-regents, and each faculty of three of its members, leaving the heads to choose out of these fifteen, there would have been some justice in the arrangement, and some observance of the ancient custom of the Univer- sity ; but by the present statute the Vice-Chancellor has not only a negative voice upon every grace offered to the senate, but virtually appoints each individual of the Caput. The compilers of these statutes, having thus secured to their own order the nomination of Vice-Chancellor and the appointment of the Caput, introduced a clause giving to each master within his own college a veto at all elections, in direct violation of their private statutes. And they confirmed their power by a proviso introduced at the end of the statutes : " If any thing doubtful or ambiguous should arise in these our (royal) statutes and regulations, it shall be explained and determined by the Chancellor and the greater part of the heads of houses ; and we will, that all other persons shall yield to their decision and interpretation." Whitgift was appointed Vice-Chancellor under the new academical statutes. Edward Deringe, a Puritan resident at that time in Cambridge, describes him as having "a froward mind" against Mr. Cartwright, and others of simi- lar opinions ; and as ruled by his afifections, and not by his learning. The Romanising feeling among the heads of houses is thus alluded to by Deringe in a letter to Sir William Cecil, dated the 18th November, 1570, and preserved in the British Museum : " If Dr. Harvey shall have scarcely chosen one Protestant to be a fellow for the last twelve Xll INTRODUCTION. years (/. e. since the accession of Queen Elizabeth) ; if Dr. Perne keep sucli curates as fly away beyond the seas ; if Dr. Hawford could not be brought to take away either Popish books or garments without great importunity, and in the end all the best and the richest he hath conveyed, none of the fellows know whither; — if greater crimes than these are as easy to be seen in them as their open- doings are easy to be known, I trust your honour will not allow of such accusers against a true preacher (Cart- wright)." Deringe remonstrates with Sir William Cecil, on ac- count of his proceeding with such " fearful statutes" to the punishment of such small offences ; and he requests the Chancellor to send down a new statute, that " no master of a house shall have a benefice except he serve it himself." Cartwright soon suffered academical martyrdom from the new authority created at Cambridge. He was denied his degree of doctor of divinity, and forbidden to read public lectures ; and after having been thus silenced, he was deprived of his fellowship in Trinity College, and finally expelled from the University. For several years a controversy continued between the Puritans in the senate and the heads of houses respecting the new statutes. Lord Burghley, as Chancellor of the University, possessed great power; and in June 1572 he plainly informed the University that he could not suffer " this manner of rashness to increase, without tempering it with some colder humour to reduce the same to mo- desty." * In September 1572 the Chancellor observed, on the occasion of settling a dispute at Cambridge, that he would much rather use the authority of his office " for the benefit * See vol. i. p. 115, infra. INTRODUCTION. XUl and preferment of the University, than bestow the little leisure which he had from greater affairs in the compound- ing of their quarrels." * A Puritanical sermon, by the Rev. Bartholomew Charke, of Peterhouse, in December 1572, led to fresh complaints to Lord Bvu-ghley ; and in the following February the offending divine was expelled by the Vice- Chancellor and the heads of houses.f Nicholas Browne, a less determined Puritan, con- sented, about the same time, to retract some of the opi- nions;}: which he had uttered with respect to Church disci- pline ; and the case of Thomas Aldrich, of Corpus Christi College, soon afterwards occurred, which involved a dis- pute between the University and Archbishop Parker, and a correspondence with Lord Burghley on the right of archiepiscopal interference, terminating in a compromise, by which the Heads of Houses addressed letters to his Grace the Archbishop, § recognising the well-known and extraordinary care which he had always manifested for Corpus Christi College, as a ground of control in the case of that college under consideration. Extravagance in dress, and religious scruples respecting the wearing of the surplice, caused perpetual trouble to the authorities of the University in the latter part of the six- teenth century. Their anxiety on both these subjects may be seen in the decree of the Chancellor and Heads of Houses in 1578, that no student should wear withni the University " any hose of unseemly greatness or disguised fashion, nor yet any excessive ruffs in their shirts, nor swords nor rapiers, except when they were gohig out to ride." The same order included a direction to the Mas- ters of Colleges, to cause " all such as had any sustcnta- tion, stipend, or other maintenance, within their houses, * Vol. i. p. 122, infra. t Ibid. p. 131. X Ibid. p. 136. ^ Ibid. p. 155. XIV INTRODUCTION. to conform themselves, and to reform all their disordered apparel, according to the local statutes of the house ; or otherwise, if time in some points had caused alteration, yet to use such as should be comely and agreeable to their vocations."* Directions for apparel were suggested by the Bishop of London to Lord Burghley, in 1580, that the Heads of Houses should be enjoined by the Lord Treasurer, to see that all the members of their res])ective colleges should use scholars' apparel, according to their statutes.f In 1585, Lord Burghley, with the assent of the Vice- Chancellor, the Masters of Colleges, and the Doctors of different Faculties, again issued orders on apparel for the members of the University, specifying that the pen- sioners should not wear a dress of " scarlet, crimson, ;{: yellow, or any other light colour, besides what was there appointed ;" the directions being framed to repress osten- tation and expense, as well as to maintain uniformity. Under the Long Parliament, the House of Commons resolved, in 1642, " that the statute made in the University of Cambridge, which imposeth the wearing of surplices upon all graduates and students under several pains, and which was reinforced by the canons made in 1603, ought not to be pressed or imposed upon any student or gradu- ate, it being against the law and liberty of the subject ; and it is therefore ordered, that it shall not, for time to come, be pressed or imposed upon any student or graduate whatsoever." § At the Restoration, in 1660, the previous orders for uniformity in academical costume were re-established ; but even under the Commonwealth there was much extrava- gance in dress among the students ; and such unwise ex- penditure may perhaps be regarded as one of the follies * Vol. i. p. 218, infra. f Ibid, y- 263. Ibid. p. 404. § Vol. ii. p. 455. INTRODUCTION. XV incidental to the collection of large numbers of young men in a place of education. The Crown, acting through the Chancellor of the Uni- versity, exercised considerable control over academical af- fairs in the reign of Queen Elizabeth. Lord Burghley, in 1580, annulled two graces of the Senate; the Master of Magdalen College was duly chosen, in 1595, by the Fellows of St. John's College, to the Johnian Mastership, on the recommendation of the Queen. Dr. Smith was subse- quently nominated to the Mastership of Clare Hall by Sir Robert Cecil, and his appointment was confirmed by the fellows. In 1603, royal letters patent were sent to Cambridge, authorising the corporation of the University to elect two burgesses from their own body to represent their interests in Parliament; and in 1613 and 1616 royal directions were given for the imposition of a compulsory subscription to the three articles of the thirty-sixth canon, as a test for graduation. Persecution continually raged at Cambridge during this eventful period, both against Roman Catholics and Puritans. The names of Legge, Digby, Hickman, Bam- bridge, Johnson, Barrow, Huddleston, Allesson, Brown- rigg, Beale, and Worthington, are distinguished as sufferers for conscience sake in the present work. Some were im- prisoned ; and the arm of the secular power was constantly exercised in vain efforts to maintain compulsory uniformity of dress and dogmatic opinions. Occasionally a milder spirit of toleration beams forth in the academical documents of the Tudor and Stuart dy- nasties. In 1581 Lord Burghley remonstrated with the Master and Fellows of Trinity College on their intended deprivation of a Mr. Medolph. Dr. Whitaker wrote against a University visitation in 1589, as likely to " pull XVJ INTRODUCTION. tip more good plants than weeds ;" and in compliance with his advice, this scheme appears to have been abandoned. In 1G08, an important change in academical laws was carried into effect, by an interpretation of the Heads of Houses, allowing residence to be optional in the University of Cambridge, after the degree of Bachelor of Arts. Col- leges liad been founded in earlier times specially to provide facilities of residence during long periods of professional education ; and the cessation of study in the University after the first or bachelor's degree soon rendered the sub- sequent course of instruction merely nominal ; and thus the college studies became principally limited to the general or secular subjects required by statute or University cus- tom for the first degree. Ancient religious foundations were, by this remarkable " interpretation," virtually secularised, and a liberty, un- known to ancient times, was permitted to the junior fel- lows of colleges, of residence at a distance from the Uni- versity. Constant disputes occurred, at all periods of University history, between the academical authorities and the town of Cambridge ; investigations were, from time to time, conducted into the moral conduct of some of the fellows of colleges ; and the law of compulsory celibacy for the fellows, appears to have led almost necessarily to acade- mical scandal, which is exemplified in the case of Remi- gius Booth. A calm view of the interior of Cambridge life is con- tained in the letters of Mead to Sir Martin Stuteville, from 1622 to 1625. The diary of Dr. Worthington, Mas- ter of Jesus College, and the narrative of the under- graduate career of Oliver and Nathaniel Hey wood, display the manners and pursuits of the University at the period of the Commonwealth. INTRODUCTION. XVll Archbishop Laud attempted, in 1635, to establish a right of metropolitan visitation over the University of Cambridge, which was supported by a royal decision of King Charles the First in his favour ; but the temper of the times was adverse to such a stretch of ecclesiastical power ; and in the time of the Long Parliament, the Uni- versity acknowledged only the royal right of visitation. In September 1654, the Lord Protector, Oliver Crom- well, appointed commissioners to visit each of the two Universities of Oxford and Cambridge. His ordinance for this purpose was issued in the following words : " Whereas the carrying on and perfecting of the reformation and regulation of the Universities of this land is a work very much conducing to the glory of God and the public good, for want of which many inconveniences and evils do and cannot but ensue : " Be if therefore ordained by his Highness the Lord Protec- tor, by and with the consent of his Council, " That the Vice-Chancellor of the University of Oxford for the time being ; William Viscount Say and Scale ; Nathaniel Fiennes, Esquire ; Sir Charles Wolseley, Baronet ; Humphrey Mackworth, Esquire ; Bulstrode Whitelock, one of the Lords Commissioners of the Great Seal ; Samuel Dunch, Esquire ; Sir John Dreydon ; Richard Ingoldesby, John Crew, George Fleetwood, John Bright, Jenkinson, and Greenfield, Esquires ; Dr. Robert Harris, President of Trinity College ; Dr. Christopher Rogers, Principal of New Inn Hall ; Dr. Thomas Goodwin, President of Magdalen College ; Dr. John Owen, Dean of Christ Church ; Dr. Henry Wilkinson, the Lady Margaret's Professor of Divinity ; Dr. Peter French, Prebendary of Christ Church ; Dr. John Conant, Rector of Exeter College ; Dr. Jona- than Goddard, Warden of Mertou College ; Mr. Thankful Owen, President of St. John's College ; Mr. Stephens, Principal of Hart Hall; Mr. James Baron, of Magdalen College; and Mr. Francis Howell, Fellow of Exeter College ; or any seven or XVm INTRODUCTION. more of them, be, and they are hereby constituted and ordained, commissioners for visiting the said University. " And the Yice-Chanoollor of the University of Cambridge for the time being ; the Lord Henry Cromwell ; Henry Law- rence, Lord President of His Highness's Council ; John Lam- bert, Esquire; John Disbrow, Esquire; Sir Gilbert Pickering; Colonel Edward Montague ; Francis Rous, Esquire ; Oliver St. John, Lord Chief Justice of the Common Pleas ; John Thurloe, Robert Castle, Thomas Bendish, Robert Vinter, Grithth Lloyd, Esquires; Sir William Strickland; Dr. Anthony Tuckney, Mas- ter of St. John's College ; Dr. John Arrowsmith, Master of Trinity College ; Dr. Horton, President of Queen's College ; Dr. Samuel Bolton, Master of Christ's College ; Dr. Lazarus Seaman, Master of Peter House; Dr. John Lightfoot, Master of Catherine Hall ; Mr. John Sadler, Master of Magdalen College ; Dr. Whichcott ; Dr. Cudworth ; Mr. Worthington, Master of Jesus College ; Mr. Dillingham, Master of Emanuel College ; Mr. Simpson, Master of Pembroke Hall ; Mr. Templar, Fellow of Trinity College; Mr. Mowbrey, Fellow of St. John's College; Mr. WiUiam Moses, Fellow of Pembroke Hall ; Mr. Wood, Fellow of Magdalen College ; or any seven or more of them, be, and they are hereby constituted and ordained, Commissioners for the visiting the said University. " And [for the visiting] all Colleges and Halls within the said Universities, and all Governors, Masters, Presidents, Principals, Provosts, Professors, Fellows, Graduates, Students, Scholars, or other members and officers of the said Universities, and of all and every the said Colleges and Halls ; and shall have, use, and exercise all and every the like powers, authorities, and jurisdic- tions, as any person or persons heretofore appointed Visitors of either of the said Universities, or of any College or Colleges, Hall or Halls, within the same, or which any Visitor or Visitors now have or heretofore had, and lawfully used and exercised by force or virtue of any law, statute, ordinance, custom, commis- sion, patent, or foundation of any College or Hall respectively, and to proceed in the execution thereof as fully and amply as INTRODUCTION. XIX any Visitor or Visitors may or ought to do, or have done, to all intents and purposes ; and that all and every act and acts, thing and things, which shall be done by the said Commissioners before named, or any seven or more of them, according to and in pur- suance of the powers and authorities aforesaid, shall be as good, effectual, and of as full force, as if the same had been acted or done by such Visitor or Visitors. " And be it further ordained by the authority aforesaid, that the commissioners before named, or any seven or more of them respectively, for each University, calling to their assistance such person and persons as they shall think fit, shall consider of the best ways and means for the well ordering, regulation, and good government of the said Universities respectively, and of the Col- leges and Halls therein, for the better advancement, countenance, and encouragement of piety and learning in the said Universities, and shall examine what Statutes of the said Universities, or of the said Colleges and Halls respectively, or what of them are fit to be taken away, abrogated, or altered, and what is fit to be added, for the better ordering and government of each of the said Universities respectively in general, and the several Colleges and Halls within the said Universities in particular, in matters of religion, manners, discipline, and exei'cises, and shall exhibit the same to His Highness and the Parliament. " And be it further ordained by the authority aforesaid, that in the meantime the Commissioners before named, or any seven or more of them, for each University respectively, shall have power, and are hereby authorised to explain such Statutes of any of the said Colleges or Halls as, being ambiguous or obscure, shall be offered unto them for that purj^ose; as also to hear, examine, decide, and detenniue all and every such controversy and controversies by or upon any appeal or appeals which shall be brought before them by any person or persons, being a mem- ber of the said University, or [controversies] of any Students or Scholars within the same, or [within] any of the said Colleges or Halls, which are not clearly determinable by the Statutes of such respective College or Hall, or of the said Universities respec- tively; and that all and every such determination of the said XX INTRODUCTION. commissioners, or any seven or more of tlieni as aforesaid, shall stand and be, and shall be reputed and adjudged to be valid and iu full force, and to be obeyed accordingly. And all Sheriffs, Mayors, Justices of the Peace, and other Ministers of Justice, are hereby required to be aiding and assisting the Commis- sioners in the due execution of the premises. " And it is further ordained by the authority aforesaid, that the said Visitors, or any seven or more of them, for each Uni- versity respectively, are hereby empowered to find out and settle some equal and just way of competent allowances to their register and mandatory for their attendance and pains during the time of their visitation. " And be it further ordained by the authority aforesaid, that the said Visitors for both the said Universities, or any four or more of them, whereof two at the least [are] to be Visitors of each University, be and are hereby appointed to be Visitors of the School of Westminster ; and that the said Visitors of the said University of Oxford, or any four or more of them, be and are hereby appointed to be Visitors of the College and School of "Winchester, and of Merchant Taylors' School, London ; and that the said Visitors for the University of Cambridge, or any four or more of them, be and are hereby constituted and appointed to be Visitors of the College and School of Eton, and of the Masters, Fellows, and Scholars in the said respective Colleges and Schools, and are hereby authorised to put in execution all and every the powers and authorities heretofore given or granted to any Visitor or Visitors of the said Schools and Colleges respectively, or any of them, by any Statutes of the said Colleges or Schools, and to consider of any Statutes of the said Colleges and Schools which are fit to be taken away and abrogated, and of such other Sta- tutes us are fit to be made for the well ordering and government of the said Colleges and Schools respectively, for the better advancement of piety, learning, and good nurture in the said Colleges and Scliools, and present the same to be approved as aforesaid."* In 1656, an Act of Parliament was passed to confirm * Scobell's Acts and Ordinances, September 1654. INTRODUCTION. XXI the Ordinance of the Lord Protector and his Council in 1654, for the visitation of the Universities of Oxford and Cambridge. This Act (Sess. 1656, cap. 10) commenced as follows : "Whereas, since the 20th day of April, 1653, in the great exigencies and necessities of these nations, divers Acts and Ordi- nances have been made without the consent of the people as- sembled in Parliament, which is not according to the funda- mental laws of the nations, and the rights of the people, and is not for the future to be drawn into example, yet the actings thereupon tending to the settlement of the estates of several per- sons and families, and the peace and quiet of the nations : Be it enacted by His Highness the Lord Protector and this present Parliament, and it is hereby enacted and declared by the autho- rity of the same," &c. &c. It was enacted by this Statute, that the Ordinance for appointing Visitors for the Universities should be confirmed and continued for six months from and after the end of the first Session of the Parliament. The extensive visitatorial powers thus granted were re- garded with considerable jealousy by the Universities, and a proposition was made to the Visitors, by a committee of members of the Oxford Convocation, requesting them not to carry into effect any alteration until the intended change had been notified to and confirmed by His Highness the Lord Protector and the Parliament. New members were also suggested by the committee to be added to the visitatorial body, and a limitation of the term of office of the Visitors to one year was proposed. Such suggestions were, however, not listened to by the Visitors ; and an appeal was consequently made to the Lord Protector and his Council, who cautiously abstained from any undue sanction of ex- traordinary interference with existing laws. The nego- ciation ended in a feeling of confidence that the Visitors would use their powers with discretion, and in an assurance XXll INTRODUCTION. from the Lord Protector and his Council that they would not exercise any legislative authority in making new Ordi- nances previous to the sitting of Parliament.* At this period both Universities seriously took up the cause of reform: a multitude of promissory oaths were removed from the Statute-books ; and academical expenses and ex- cessive entertainments were placed under regulation. The wearing of University gowns appears to have been nearly voluntary, and, according to Wood, " every one that pleased did take the liberty to neglect the use of academical habits without control." It was farther openly stated in the Oxford Convocation, that if any person were dissatisfied in conscience concerning the unlawfulness of using the dresses of the University, he might have a personal dis- pensation for himself. The Convocation would not, how- ever, grant any general dispensation with respect to the wearing of academical gowns ; and the Visitors found that on various points they were unable to carry into effect the changes which they wished for in the University. Decrees of the Visitors were accordingly published, on the suppo- sition that they had the power to make statutes ; and the idea was entertained among the Visitors of remodelling the Convocation itself, and of placing its powers in the hands of godly and prudent men, by the majority of whom new members might be admitted. This last-mentioned proposal was based on the following reasons: — " That the multitude of employments abroad soon took off from the University all that were of any worth, and that the great- est part of those who remained were but drones, or were too young to be intrusted with government." The Vice- Chancellor of Oxford, Dr. Owen, eagerly promoted the changes proposed by the Visitors ; but on his arrival in London he was induced to desist from such extensive * Wood's Annals, a.d. 1654. INTRODUCTION. XXlll alterations, and the rules of the Visitors were principally confined to matters of inferior moment. At Cambridge, as well as at Oxford, the Parliament had previously interfered to remove the religious tests im- posed on graduation. In January 1640-1, the House of Commons resolved, " that the statute made about twenty- seven years since (in 1613), in the University of Cambridge, imposing upon young scholars a subscription according to the 36th article of the canons made in the year 1603, is against the law and liberty of the subject, and ought not to be pressed upon any students or graduates whatsoever."* Copies of the solemn league and covenant were sent down to Cambridge in 1643, and the names of those who took j- and who refused this new test were to be returned to Parliament. In the following year, college offices ;{: were restricted to those who took the league and covenant ; and the word " office" was defined to mean " any place of special trust," viz. the bursar, dean, &c. ; or of special command, such as the president, the seniors, and the de- puties. In 1650, another test, " the engagement," was imposed on the University, which was submitted to with many secret murmurs, § and often signed in a non-natural sense, as only binding until a party should appear in opposition to the dominant power. On the restoration of the monarchy in 1660, King Charles the Second issued a declaration concerning eccle- siastical affairs, in which he stated his will and pleasure, that no persons in the Universities should, for the want of subscription to the three articles of the 36th canon, " be hindered in the taking of their degrees."|| But that mon- arch soon acquiesced in a different line of policy ; and the religious tests which had been enforced before the civil * See vol. ii. p. 438, infra. t Ibid. p. 458. X Ibid. p. 463. § Ibid. pp. 532, 535. || Ibid. p. 544. XXIV INTRODUCTION. wars were re-established in the Universities shortly after his accession to the throne. In 1662, the Act of Uniformity gave a Parliamentary sanction to an organised system of ecclesiastical tests, ex- tending over the whole of the higher endowments of the Universities and their Colleges, and regulating the forms of public worship in the College chapels. By this act, the use of the Morning and Evening Prayers of the Church of England is prescribed, without addition or diminution, for the daily services of the chapels in Colleges ; and its in- junctions are almost universally obeyed at Cambridge. Many portions of the present work show the peculiar characteristics of opinion in the 16th century. Thus, Archbishop Whitgift, in 1584, doubted the expediency of printing being continued in the University of Cambridge ; and recommended that no books should be printed there unless they had been previously allowed by lawful autho- rity.* Great complaints of the parents of young men at Cambridge are mentioned by Lord Burghley, in 1587,-f- both on account of the loss of the students' time and of the expense of University education. The documents relating to the Chancellorship of Lord Burghley have been copied from the Burghley Papers in the Lansdowne Manuscripts in the British Museum, and the Parliamentary Journals have been consulted for the illustration of academical history. * See vol. i. p. 381, infra. t Ibid. p. 500. CONTENTS THE FIRST TOLUME. PAGB Statutes of the Rev. Dr. Whitgift, Master of Trinity College, given to the University of Cambridge, by the authority of Queen Elizabeth, A. D. 1570 . . 1 Introduction to the statutes 1 1. Terms for lectures and disputations; interval of the long vacation 3 2. Examination and inauguration of bachelors ... 4 3. Public lecturers 4 4. 5. Arrangements for public lectures 5 6, 7. Undergraduates and bachelors of arts .... 7 8-10. Masters of arts, ten-year men, and bachelors of divinity 8 11-13. Doctors of divinity, students and bachelors of (civil) law 9 14-19. Doctors of (civil) law, students of medicine and surgery, bachelors of medicine, doctors of medicine, and forms for the degree of master of arts 10 20. Ceremonies in conferring degrees 11 21. Granting graces 11 22-24. Disputations of sophs, disputations and declamations of bachelors ......... 13 25. Disputations of masters of arts 14 20. Disputations of bachelors of divinity, and of masters of arts of four years' standing, who were not engaged for the dis- putations of civil law or medicine, [and who were supposed to belong to the faculty of divinity, if they did not profess to belong to the faculties of medicine or civil law] . . 14 27. Order for the supply of disputants and opponents from the different colleges 15 28. Disputations of (civil) lawyers 16 29-32. Disputations of medical students, disputations in all the faculties, appointment of professors and lecturers to pre- side over and to determine disputations, disputations at vesperies, and on tiie day of assembly . . . .17 XXVI CONTENTS OF VOL. I. [1642 PAOB 33. Election of the chancellor 18 34. Election of the vice-chancellor 19 35. Election of the proctors ....... 20 36. 37. Election of the scrutators and taxors . . . .23 38. Number, office, and election of the esquire bedells . . 24 39. Election of the keepers and auditors of the common chest (of the University) ........ 25 40. Nomination and election of the readers, bedells, stationers, gaugers, wine-dealers, and other servants or officials of the University, not provided for elsewhere, and here appointed to follow the form prescribed for the election of the vice- chancellor (chap. 34) 26 N.B. This statute was extended, in 1613, to the election of the burgesses or representatives of the University in the House of Commons, by a decree of the heads of houses. See vol. ii. p. 258, " On the mode of electing the burgesses." At the present day the members for the University are, hovpever, uniformly elected by the University-senate, vrithout the restrictions of chap. Si, imposed on the choice of the vice-chancellor. 41. Election of the caput (or head committee of the University), and authority of the caput . . . . . .26 42. Office of chancellor, including also that of the vice-chancellor 28 43. Office of proctors 29 44. Public orator 30 45. University sermons ........ 30 46. Dress of the students . 31 47. Decorum and courtesy in manners 32 48. Legal causes and appeals 35 49. Fees to be paid by members of the University taking degrees 36 50. Ordinances prescribed for the colleges (with a few additional rules), including regulations for attendance at religious ser- vices in the colleges, with j^ecuniary fines for absence from the college chapels 39 60 (continued). Rules for problems, disputations, responsions, sermons, lectures 40 50 (continued). Rules for tutors, college-lectures, the reading and knowledge of the English language, the terms of ad- mission into a college, the entrance-examination, and the limitations on the teaching of grammar . . . .41 50 (continued). Rules for moderation in entertainments, for the limitations of fellowships in the colleges of theologians to bachelors of arts, for the determination of the county to which any one belongs, for cases of expulsion from a col- lege, for heads of houses, for the preference of the clever sons of poor parents over the sons of the rich and powerful, 1642] CONTENTS OF VOL. I. XXvii PAGE in the election of fellows and scholars, for the diminution of expenses in feasting, and for the power of the master of a college in his own college ...... 42 50 (continued). Rules against proxj'-voting in any kind of elec- tion, on the payments to lecturers, for college-bursars, for the celibacy of college-fellows, for the shutting of the col- lege-gates at night, for the registration of grants, for the regulation of the lord of misrule in Christmas festivities, for the abolition of feasts and payments for charity at funeral obsequies ........ 43 50 (continued). Rules for the commemoration of college-bene- factors, and the payment of the college-preacher in honour of these benefactors ........ 44 50 (concluded). Powers of the heads of houses, division of the fines appointed in the statutes, imposition of fines, repeal of all statutes, agreements, and customs opposed to the holy Scriptures, to the royal injunctions, or to these statutes ; right of the chancellor and the majority of the heads of houses to interpret and determine doubtful passages in these royal statutes, order for four copies of these statutes. Signature of the chancellor (Cecil) 45 Act of parliament concerning purveyance in the Uni- versity, A.D. 1571 46 Act of parliament for the incorporation of the Universi- ties of Oxford and Cambridge 50 Decrees of the heads of houses against University men bathing in the county of Cambridge . . . . . .56 Decree of the heads on the election of the father, &c., and the limitation of the power of the proctors at the tripos . . 57 Limitation about wearing hats .58 Controversial letters and papers relating to the disputes about the new statutes, a.d. 1572 .... 58 Letter of the vice-chancellor and heads to the Archbishop of Canterbury 58 List of subscriptions in opposition to the new statutes . . 61 Paper addressed to Lord Burghley 63 Letter of the heads to Lord Burghley 64 Minutes of evidence before the Archbishops of Canterbury and York and the Bishop of Ely, on the disputes about the new statutes ..... 65 Objections of the body of the University against the new statutes 66 Answers to the objections 82 Reply to the answers 99 XXviii CONTENTS OF VOL. I. [164^5 PAGE Letter of the two archbishops and three bishops to Lord Burghley on the controversy . . . , . . . .108 Complaints of the heads of liouses against Mr. Beacon and others for opposition to tlie statutes ...... 109 Letter from Lord Burghley to the University .... 113 Letter from the vice-chancellor to Lord Burghley . . .115 Reports of Dr. Hawford and Dr. Chaderton, and certain inter- rogatories administered by Dr. Kelkc, tlie vice-chancellor, touching the case of Mr. Beacon, senior proctor . . 110,117 Depositions against jNIr. Beacon . . . . . .118 Letter from Lord Burghley to the University, explaining the statute for the election of lecturers and others . . . 121 Decree of the heads, Dec. 6, 1572, touching the sum to be al- lowed to the ttt'O proctors of the University, for the charges of the night-watches ........ 122 Letters relating to the expulsion of Mr. Charke for puritanism, 1573. The vice-chancellor to Lord Burghle}' on the anti-episcopal doc- trines of Mr. Charke, and the '' sujJerstitious monuments" kept by Dr. Cains 123 Mr. Charke to Lord Burghley — appeal against the heads . 125 The heads to Lord Burghley 127 Expulsion of Mr. Charke 130 Mr. Charke to Lord Burghley 132 Decree of the heads, on the size of bushels, Jan. 17, 1573 . . 133 Graces of the senate, viz. disputations of masters of arts, penalty for not disputing, substitution of lecturers, pensioners and strangers admitted to degrees, election of scrutators . 133-35 Retractation of Nicolas Browne, who had preached puritanical doctrines .......... 136 Letter of N. Browne to Lord Burghley complaining of the in- justice of his prosecution ..... 137 Letters concerning Mr. Aldrich, who wished to con- tinue master of Benet or Corpus Christi College, without taking his degree of bachelor of divinity. Archbishop Parker to Lord Burghley, on the case of Aldrich . 139 Archbishop Parker to the Queen, on the same case . The ecclesiastical commissioners to the vice-chancellor, demand- ing the appearance of Thos. Aldrich before them . . . 142 The heads to Lord Burghley 143 The college to the same 144 Archbishop Parker to the same ...... 146 From the same to the same 147 1650] CONTENTS OF VOL. I. Xxix PAGE Lord Burghley to the vice-chancellor and heads, advising Aid- rich to appear before the archbishop and the commissioners 150 Archbishop Parker to the vice-chancellor .... 151 Archbishop Parker to Lord Burghley 152 The University to Lord Burghley 153 The heads to Lord Burghley, declaring Aldrich incapable of holding the mastership, but referring the matter to the arch- bishop 154 The vice-chancellor to Lord Burghley on Mr. Myllane's sermon ; on the ordering and making of minister ; on fasting on saints' eves, and keeping their days as festivals . . . 156 Decrees of the heads, on fines for absence from the ordinary lec- tures, 1574 159 Decrees against plays and games within five miles of Cambridge 160 Interpretation of a statute on the disputation on the degree of bachelor of divinity ........ 162 Grant for a new street ........ 162 The heads to Lord Burghley, recommending Philip Bignon, a Frenchman .......... 165 The vice-chancellor to Lord Burghley, on the causes of the plague, state of the town, and on Stourbridge fair . . 166 The ecclesiastical commissioners to the University, 1575 . . 170 The University to Lord Burghley, for an order to admit stran- gers to degrees ......... 171 Interpretation of a statute on the admission of strangers to de- grees ....••.•••. 173 Grace of the senate, on the oath required from proctors and scrutators .......... 175 The heads to Lord Burghley, rejecting Mr. Philip Bignon as Hebrew lecturer, on the ground of his not being a graduate 176 Decree of the heads, on the authority of the proctors . .177 Case of Mr, Middleton of Queen's College, who was deprived of his fellowship, in consequence of his not having taken his degree of master of arts within the proper time 177 The fellows of Queen's College to Lord Burghley, in behalf of Mr. Middleton 181 From the same to the same, claiming the riglit of aj)peal for Mr. Middleton .182 Order of the Privy Council against scholars being present at plays 185 Grace of the senate, forbidding the oath to the town . .187 Dr. Perne to Lord Burghley, on quitting tiie office of vice- chancellor— copy of the foregoing grace . . . .189 XXX CONTENTS OF VOL. 1. [1S06 I'AGE Letter to Lord Biirgliley from the master and fellows of Corpus Christi College, on the settlement of their disputes . . 190 Acts of parliament relating to the Universities, and the colleges of Eton and Winchester .... 196 Act for the maintenance of the colleges in the Univer- sities, and of the colleges of Winchester and Eton, 1576 319 Dr. Whitgift to Lord Burgiiley, against corruption in the dis- posal of fellowships 195 Mr. Faulkner's sermon against the University, from the text, " Be not wise in your own conceits" ..... 197 Grace of the senate (1577), on the robes to be worn by doctors upon holidays .......•• 202 Mr. Faulkner to Lord Burghley, petitioning against his impri- sonment for his sermon ....... 202 The vice-chancellor to Lord Burghley, on the secret marriage of a student 203 The University to Lord Burghley, on Stourbridge fair . . 205 The University to the Queen, on the same subject . . . 208 Inter23retation of a statute on graces for the degrees of noblemen 209 The University to Lord Burghley, on the infringement of their privileges by mandates 211 Lord Burghley to the University, against mandates . . .213 Graces of the senate (1578), for more frequent sermons in the University church ........ 215 Against refusing to accept a grace ...... 216 Decree against excess in apparel ...... 216 Decrees of the heads, on the election of the vice-chancellor, that no office shall exempt from any exercise, and on doc- tors' hoods 219 Order of the Court of Exchequer, that John Pooley, a privileged man, is not to be impleaded before the chancellor of the University . . . . . . . . . .221 Interpretation of a statute for the matriculation and residence of scholars 221 Dispute with the town relating to the enclosure of Jesus College Green, 1579 .... .... 224 Case of Remigius Boothe, ejected from his fellowship in Gon- ville and Cains College 227 Appeal to the vice-chancellor 227 Depositions relating to the charges against Mr. Booihe . . 228 Extracts from the statutes of Gonville and Caius College, " on the Visitor" and " on infamy" 234 1600] CONTENTS OF VOL. 1. XXxi PAGE DejDositions relating to the excomrnuning of Boothe . . 236 Appeal to the vice-chancellor ....... 248 x^rticles in defence of Boothe, put in by himself . . . 254 The vice-chancellor's sentence 260 Io80-lo89. The Bishop of London to Lord Burghley, on conten- tious preaching, and the use of unseholarlike apparel, 1580 . 263 Disputes with the town. Doubts and ambiguities relating to some articles drawn up between the University and the corporation . 264 Plain answers to the doubts ....... 265 Answer of the University 266 Graces of the senate (1580), that all doctors of every faculty are to vote in the nomination of the vice-chancellor and lecturers, &c. ; and that masters of colleges are bound to the combination of preaching 268,209 The heads of colleges to Lord Burghley, against the two fore- going graces . 270 The vice-chancellor to Lord Burghley, on the same subject . 272 Reference of the matter by Lord Burghley to the Archbishoji (Grindal) of Canterbury 276 The archbishop to Lord Burghley ...... 277 Lord Burghley to the vice-chancellor, expressing his disappro- bation of the two graces in question ..... 281 Lord Burghley to the heads, annulling the two graces . . 287 Dispute with the town, on the assault of a student by a townsman 288 Letter from Lord Burghley to the mayor, denying the power of the town authorities to interfere in the case of a stu- dent 290 Lord Burghley to the University on this case .... 291 Lord North to the vice-chancellor, complaining of certain railing and false reports which had been used against him . . 292 From the same to the same, denying that he had given one Robinson license to shew certain games .... 295 Peter Baro to Lord Burghley, requesting assistance . . . 296 The University to Lord Burghley, requesting him to write to the vice-chancellor and masters respecting the monthly payment of the scholars' commons; notice of writs of error 297 Graces of the senate for new seals, and to oblige the masters of arts to attend disputations 298 Dispute relating to a bear-baiting at Chesterton, 1581 . . 299 The vice-chancellor to Lord Burghley, on unlawful games . 302 The University to the same, on the bear-baiting . . . 303 Depositions touching the evil dealings of one Paris, a constable, towards certain scholars 305 XXXU CONTENTS OF VOL. I. [1580 PAGE Depositions against Richard Paris and Thomas Paris, for re- sisting the proctor at Chesterton 306 Submission of the offenders 309 Lord Burgliley to the University, on the misdemeanor of the two Parises .......... 310 Graces of the senate, for sealing letters, and for the payment of tiie princijial librarian . . . • . . . .311 Lord Burghley to the master and fellows of Trinity College, touching their depriving one Medolph of his fellowship for holding certain opinions, a punishment which the chancellor thought too severe for the offence ..... 312 Interpretation of a statute, ordaining who is to succeed, in case one of the five who are nominated to be on the cajiut of the senate refuses to act 314 Disputes in Caius College arising out of the alleged papistry of the master. Dr. Legge. Complaint of the fellows . . 314 Articles against the master, who is suspected to be corrupt in his religion and to teach false doctrine 316 Further articles against Dr. Legge, concerning the decay of the revenues, and the appropriation to his own use of certain sums belonging to the college 321 Depositions of witnesses against Dr. Legge and Mr. Swale . 327 Protest of the master and of Richard Swale, M.A., president of Caius College 338 Answer of the fellows to the protest 340 Interpretations of statutes, on the payment for degrees, &c. 1582 342 Further disputes in Caius College, relating to the election of a proctor. The fellows to Lord Burghley, praying him to put down obnoxious persons, and to interpose to secure a proper person to be elected proctor 344 The visitors to the same, objecting to Mr. Swale as proctor . 348 Sir Christopher Hatton to the fellows, recommending Mr. Swale as proctor 349 Interpretation of a statute, on appointing masters of arts to dispute at the assemblies (comitiis) 351 The University to Theodore Beza, thanking him for his present of books to the library of the University .... 352 Continuation of the disputes in Caius College. Complaints of the fellows against the president, Mr. Swale . . . 353 Richard Swale to Lord Burgldey, praying for a free election to the proctorship 355 Sir Christopher Hatton to the visitors of Caius College, re- commending Mr. Richard Swale as proctor . . . .357 The fellows to Lord Burghley, complaining of Mr. Boothe and 1582] CONTENTS OF VOL. I. XXXlll Mr. Swale, for failing in respect to the fellows, and for re- sisting their authority 359 The visitors to the same, stating the results of their inquiry and examination . . . . . . • • • .361 Dr. Goade to the same, stating the opinions of the visitors respecting the election of proctor, and the increase of the master's stipend ......... 363 Extracts from the statutes sent by Dr. Goade to the chan- cellor ........••• 365 The vice-chancellor to Lord Burghley, touching the complaint of Swale, and the denial of Boothe ..... 366 Lord Burghley to the vice-chancellor, accepting the acknow- ledgment of Swale and Boothe ...... 36S Interpretation of a statute, on the second nomination of the proctors 370 The fellows of St. John's College to Lord Burghley, on the Queen's letter, by which the appointment of a proctor from their college was prevented ....... 370 Interpretation of a statute, on the dispensation for strangers taking degrees 371 The heads to Lord Burghley, praying him to interfere in behalf of Mr. Thomas, the University printer, against certain of the Company of Stationers in London ..... 372 The heads to Lord Burghley, recommending to his favour Mr. Hodilowe, respecting a matter which had been called into the Star-Chamber 374 Grace of the senate, on fraudulent petitions, 1584 . . . 375 The Privy-Council to the vice-chancellor and mayor of Cam- bridge, containing a prohibition against the excessive number of small tenements raised within the liberties of Cambridge, and let out as lodgings to poor persons 375 Breach of the University privileges, relating to the sale of wines. Tlie heads to Lord Burghley, resi)ecting one Key- mar, a vintner, licensed by Sir Walter Raleigh . . . 378 The heads to the Earl of Leicester, praying him to speak to Sir W. Raleigh respecting Keymar the vintner . . . 379 Archbishop Whitgiftto Lord Burghley, on some factious books printed at Cambridge 381 The Earl of Bedford to Lord Burghley, praying him to liear the case of Dr. Browninge, wiio bad been removed from his fellowship in Trinity College at the instigation of Dr. Still . 383 Dr. Still and the seniors to Lord Burghley .... 384 Various articles disputed with the town; interpretation of mi- nisters ; graduates residing in the University to go toll-free; bedell's retained servants, under the name of gardeners . 385 XXXIV CONTENTS OF VOL. I. [1.584 PAGE Report from the vice-chancellor, relating to tlie sale of wines, and the case of Keyniar the vintner .... 386 Tlie vice-chancellor to Lord Burghley, relating to the obstinacy of Keyniar the vintner 388 Decree of the heads of houses on the admission of students . 389 Dr. Whitaker to Lord Burghley ; an apology for himself. . 390 Case of Tobias Bland, accused of libel and blasphemy . 392 The members of the senate to Lord Burghley, complaining that Bland had returned to the University after his expulsion, and had taken part in the public disputations, and also claimed his master's degree 394 Orders for apparel ; regulations for the material and shape of gowns ; punishment for non-compliance, 1585 397 Disputes relating to meat and wine. Meat forbidden in Lent . 406 The heads to Lord Burghley, complaining of the interference of the mayor, concerning the restraint of killing and eating flesh in Lent and on other fast-days 406 The Privy-Council to the mayor of Cambridge, appointing the vice-chancellor to be overseer of victuals and victuallers, 1586 408 The heads to Lord Burghley, praying him to restrain the troublesome practices of Keymar the vintner, who was seeking to have his sentence reversed in the Court of King's Bench 410 The senate to Lord Burghley, on the same subject . . . 412 Opinion of the chief justices, confirming to the University the nomination of vintners, and the power of setting prices upon wines 413 Grace of the senate against the London booksellers, 1585 . 424 Dispute with the town, relating to Stourbridge fair, 1 58G. The University desire a proviso, concerning their own privileges, to be inserted in the patent granted to the town for Stour- bridge fair 414 Petition of the University, to make peace between the Uni- versity and the townsmen 418 Dispute relating to the sheriff"s oath. A letter, requiring the sheriff of Cambridgeshire to take an oath— as was done by the sheriffs of Oxon and Berks— to preserve the liberties and privileges of the University . 420 Exceptions taken to the oath, by T. Wendye, Esq. . . .422 Reply of tlie University to the exceptions 423 A declaration, made by Mr. D. Perne to the lord treasurer, touching the suit of the sherifTs oath 426 Letter of the Council to Mr. Wendye, requiring his ajjpearance before them for contempt 428 1586] CONTENTS OF VOL. I. XXXV PAGE Decrees of the heads, that no one, without a license from the head magistrates, is to impugn openly any preacher or any one else setting forth false doctrine, &c. ; decrees on scholars' apparel, and on the behaviour of scholars .... 429 Continuation of the dispute relating to the sale of wines ; the Earl of Leicester to the vice-chancellor, requiring him to put down the trade of Key mar, and to prevent him from selling wine for the future within the town of Cambridge . 431 The heads to Lord Burghley, requesting him to secure for them the right of nominating vintners . ..... 433 Suit of the University, relating to the sale and prices of wines, 1.586, 1587 434 The heads to Lord Burghley, thanking him for his assistance in the suit about wines . . . . . . . • 436 Grace of the senate, for conferring the same rights and privileges as are enjoyed by the other colleges on Emanuel College, 1586 437 Dr. Perne to Lord Burghley, informing him of a meeting tliat had been held to settle the dispute witii the town about the privileges of Stourbridge fair, 1587 ..... 438 Proposal to appoint justices of the peace for the University, 1586 441 Trial (in the Court of Exchequer), relating to the sale of wines at higher prices than the statutes allow .... 443 Case of Dr. Moses Fowler, who alleges the privileges of the Uni- versity before the judges of the Queen's Bench . . . 454 Plan for the division of ecclesiastical benefices . . 457 J. Beacon to Lord Burghley, giving a plan for ]3roviding livings for godly and learned preachers in the University . . 457 A project of the vice-chancellor and others, touching the pre- ferment of students in divinity 459 The University to Lord Burghley, complaining of the insolence and aggression of the townspeople ..... 461 Graces of the senate, on the division of fines ; and on the in- crease of salary to the public orator . . . • • 463 The fellows of Christ College to Lord Burghley, respecting their late dispute with the vice-chancellor 464 Sir Walter Mildmay, on the part of the master and fellows of Christ College 465 Thomas Preston to Lord Bnrghlcy, staling the case of Henry Woodhouse, who desired to proceed in law, before he had completed the full term of six years The vice-chancellor to Lord Burghley, requesting that Mr. 466 XXXVl CONTENTS OF VOL. I, [1.587 PAGE H. Woodliouse may be allowed to have his grace, as four days are all that are required for tiie couipletion of his term 468 Grace of the senate, that no dealings are to be allowed with any townspeojile who liave been susj)ended, except with the permission and concurrence of the senate .... 469 Complaint of the mayor against one William Hamond, for putting hogs into the town-pastui-e, and against the vice- chancellor, for arresting two of the pound-keepers, and de- taining one of them, contrary to the act of Habeas Corpus . 470 Answer of tiie University, claiming their right to the pastures and commons of the town, and justifying the imprisonment of the pound-keeper 471 Memorial presented by the University to Lord Burghley, touching the controversies between the University and the burgesses of the town of Cambridge ..... 475 The first composition quoted between the University and the town 476 Breaches of tlie said composition by the mayor . . . 477 Privileges of the University 478 The said privileges impugned by the mayor .... 479 The second composition (1575) 479 Breaches of the said composition by the mayor . . 481 Complaint against the mayor, that he was the occasion of the contention between the University and the town . . . 481 Petition of the University, for quietness with tlie town . . 483 Answer to the mayor's complaint resjiecting William Hamond, and the imprisonment of the pound-keeper . . , 486 Charges against the mayor; his early education; his ingra- titude to Archbishop Parker, in whose service he had been ; his appointment as one of the vintners of the University ; his election as mayor ; his refusal to invite the vice-chan- cellor and the heads to the mayor's and bailiff's feast ; his contemptuous behaviour on taking of the mayor's oath ; and his arrogance and pride ....... 487 Articles to prove the peculiar right of jurisdiction of the chan- cellor, masters, and scholars of the University . . . 491 Privileges of the University, whereby they are empowered to proceed against forestallers, regraters, and ingressers . . 493 Proviso of the town, for buying and conveying corn . . . 495 Objections of the University to the proviso of the town, as beino- likely to raise the price of corn and victuals, and to prove injurious to the poor scholars and others of the University . 495 The vice-chancellor to Lord Burghley, stating the case of Ralph Durden, who styled him^elf Ellas, and who was accused of disorderly preaching in divers places ; also of writing certain fantastical interpretations of the Revelation of St. John ; as 1587] CONTENTS OF VOL. I. XXXVll PAGE well as of uttering, both by word and pen, certain dan- gerous matter respecting the estate of the realm . . . 498 The examination and confession of Robert Williamson, tailor, respecting Ralph Burden ....... 498 Lord Burghley to the vice-chancellor, on the large stipends and small services of the tutors; on the great excess of apparel in fellows of colleges ; and on other abuses .... 600 Graces of the senate, that no lands, houses, tenements, or offices, belonging to the University, or any of the colleges, or scholars, are to be let, sold, or given to any of the townspeople, without a license from the vice-chancellor, masters, and scholars ; and that scholars siding with the townspeople are, ipso facto, to lose their scholastic privileges for ever . . 501 Lord Burghley and Archbishop Whitgift to the vice-chancellor, requesting him to investigate the case of Mr. Digby, who complained of being unjustly deprived of his fellowship by Dr. Whitaker, master of St. John's College, 1588 . . 503 The heads to the Queen, requesting her interposition against the judges of the court of Exchequer ...... 504 Case of Mr. Digby, deprived of his fellowship for non-iaayment of his commons. Dr. Whitaker to Lord Burghley, stating his reasons for depriving Mr. Digby of his fellowship . . 506 Answers of Dr. Whitaker to the objections offered by Mr. Digby, 1st, touching the offence ; and, 2dly, touching the defects in the manner of proceeding ....... 507 Mr. Digby not having paid his commons, his removal is argued to be just, according to the statute ..... 512 Answer to such objections as were made against the lawfulness of the action 513 Mr. Digby suspected to be of corrupt religion ; he refuses to communicate ; speaks dangerously of the Low Countries and Sir Francis Drake, and is guilty of open contempt of the master, president, and government; copy of the fellows' oath in the statutes of St. John's College . . . .519 Dr. Whitaker to Lord Burghley, stating the grounds of Mr. Digby's deprivation; exculpating himself from having acted from any malice; and requesting the chancellor to examine his answers to the objections raised by Mr. Digby . . 521 Dr. Perne to Lord Burghley, on the ^^atronage of Fulbourn ; on the excess and disorder of apparel in both the Universities ; and requesting him to enforce the regulations, by which the wearing of hats is forbidden, and by which fines are to be exacted for the use of velvet, silk, &c. .... 523 The heads to Lord Burghley, requesting that he will interfere in behalf of the University printer against the monopoly XXXVHl CONTENTS OF VOL. I. [1588 PAGE of the printers and stationers of London, who claimed for tliemselves tlie exchisive right of printing all dictionaries tchatsoever . ......... 525 Lord Burghlcy to the University, ordering that the statutes for the special ajuiarel of all degrees of scholars be duly kept ; forbidding hats to be worn ; commanding scholars and gra- duates to wear caps and gowns and hoods, and doctors of divinity and masters of colleges to wear a scarlet tippet, or one of velvet, which is also to be worn when they resort to the court, or to the city of London ; forbidding any scholar or fellow, while he retains his living, to wear any garment of velvet, satin, or silk; forbidding long hair; and ordering a fine of 6s. 8rf. to be paid in case of offences against any of these orders . 527 The heads to Lord Burghley, on some disputes relating to mus- ters ; and on the demand that some of tiie University servants sliould be required to give in their names for military service (^in militiam) ......... 530 Dr. Whitaker to Lord Burghley, sending an apology for not having waited on the chancellor ; assigning reasons for re- fusing to hear Mr. Digby, and denying that he had been influenced by malice ; with his answer to the objections . 532 The Bishop of Lincoln to Lord Burghley, in behalf of the Uni- versity printer 534 Case of Mr. Hickman, of Corpus Christi College . . 534 Dr. Copcot, master of C. C. C. to Lord Burghley, defending his own conduct, and requesting that he may be supported . 534 Mr. Hickman to Lord Burghley, stating the case between him- self and Dr. Cojjcot, viz. whether a chapter of eight fellows could by the consent of five, revoke a judgment previously agreed upon by seven at a chapter of nine fellows . .536 The second sentence pronounced to be of no force ; a majority of the whole body of fellows required before a fellow can be expelled 636 Answer to the pretence of tiie master's oath and exemption . 537 The chancellor has, ex officio, the privilege of granting a res- titution 538 A second hearing of the case deprecated 638 Mr. Hickman's answer to Dr. Copcot 539 An act of parliament (1589), against abuses in the elec- tion of scholars, and in the presentations to livings. The fittest and most meet persons to be selected. All elections, presentations, &c. to be void, where any money or gratuity has been paid for the same. Every person taking, or agree- 1588] CONTENTS OF VOL. I. XXXix PAGE ing to take, any sum or sums of money, for any benefice or living, to forfeit double the sum or sums of money ; and every one paying such sum or sums, to be incapable of hold- ing the place for that time. At every election, presenta- tion, &c. the statutes relating to the same to be publicly read ; in default thereof, a forfeit of forty pounds to be paid, which may be sued for and recovered in any of her Majesty's courts. To prevent simony and corruption, if any person or persons bestow any benefice or living whatsoever, for any corrupt cause or consideration, the said benefice or living to be void. Any person or persons giving or taking such sums of money, to forfeit the double value of one year's profit ; and any person using these practices to secure any benefice or living, to be adjudged disabled in law to have and enjoy the same. If the incumbent of any benefice corruptly resigns or exchanges the same, for any sum of money or benefit, the giver and taker of such sura or benefit to lose double the value of such sum ; of which one moiety, as well as the double value of one year's profit, to go to the Queen, and one moiety to any one suing for the same in anv of the courts of record. The act not retrospective. A forfeit of forty pounds to be paid by every one who ordains any min- ister, or gives a license to preach to any one, for money or reward ; and a forfeit of ten pounds to be paid by every one so corruptly ordained, who is also to be incapable of holding any living or benefice for the next seven years ; one moiety of these forfeitures to go to the Queen, the other to any one suing for the same in any of the courts of record . 541 Case of Bambrigge and Johnson, of Christ's College . 548 The heads to Lord Burghley, complaining of Bambrigge and Johnson, who were proceeded against for certain sermons preached in St. Mary's Church, and who, in consequence of certain letters from Lord Burghley, refused to be sworn at tiieir examination •••..... 548 From the same to the same, justifying their conduct towards Bambrigge and Johnson 549 From the same to the same, stating their reasons for not allow- ing Mr. Bambrigge, who had made a plea of sickness, to leave prison, and referring to the permission given to him and Mr. Johnson to take exercise in the common fields . 652 Bambrigge and Johnson to Lord Burghley, complaining of their imprisonment for refusing the oath ; stating the inconve- niences and evil consequences of their continuing in prison • and requesting his interposition 553 1 CONTENTS OF VOL. I. [1589 PAGE Answers of Ganibrigge and Johnson to the informations ; their reasons for refusing to take the oath ; committal to prison ; bail refused ; precedents; feeling of the University ; sickness of Mr. Bambrigge ; discourtesy of the vice-chancellor. . 555 The heads to Lord Burghley, containing their opinion on Mr. Hickman's case ; Dr. Copcot affirms that he acts ac- cording to the statutes; objections raised by Mr. Hickman ; all personal causes, where a scholar is a party, to be heard and decided in the University 558 Lord Burghley to the heads, advising that two of the heads be chosen to hear Mr, Hickman's case 560 Case of Francis Johnson, of Christ's College . . .561 Mr. Johnson to Lord Burghley, craving his assistance ; his own appeal to the University rejected ; ordered to leave the Uni- versity; his refusal; his committal to prison; his condition there ; his appeal to Lord Burghley 561 The masters of arts to the same, complaining of the sentence of the vice-chancellor, and of his refusing an appeal ; and re- questing his lordship to interfere in behalf of Mr. Johnson, whom they consider to be unjustly persecuted . . . 564 Mr. Branthwaite to Sir Michael Hickes, requesting him to in- troduce to Lord Burghley as soon as possible those who were sent from the University to represent the grievances of Mr. Johnson 669 UNIVERSITY or CAMBRIDGE. THE STATUTES OF THE REV. DR. WHITGIFT, MASTER OF TRINITY COLLEGE, CAMBRIDGE, AND OTHERS, GIVEN TO THE UNIVKRSITY OF CAMBRIDGE A.D. 1570 BY THE AUTHORITY OF QUEEN ELIZABETH. STATUTA REGINiE ELIZABETHiE, AN. XII-"" EDITA. Elizabetha Dei gratia Angliae, Franciae, et Hibernian Regina, Fidei Defensor, &c., dilectis nobis cancellario, magistris, et scholaribus Universitatis Cantabrigiensis salu- tem. Quanta rerum vestrarum cura nos perpetuo solli- citat, dum utilitati academise vestrsc studemus, non tam privilegia a nostra benignitate vobis concessa, quam legum et statutorum vestrorum nova quaedam dispositio manifesto declarant: quorum altero injuriis obsistere, quieteque studiis vestris incumbere, altero concordiae rectseque rei- publicse vestrEc gubernationi consulere possitis. De illo abunde satis a nobis est prospectum : istud quidem licet 2 whitgift's statutes. [1570 jamdiu a nobis inchoatum esse non ignoramus, ac leges interea exercendas vobis dcderimus, usu tamen atque ex- perientia, optima cfficacique rerum magistra, edocti ani- madvertimus in illis aliqua esse correctione digna. Rur- sus crescente hominum audacia, nimiaque licentia, aliquas novas prioribus esse duximus adjiciendas. Negotia etiam quae de novo emerserunt, novo indigere auxilio facile cer- nimus. Nunc vero cum ista omnia accurate, ut speramus, sunt absoluta et perfecta, ea a vobis omnibus, cum ea qua decet obedientia atque animi alacritate recipienda sunt. Leges igitur ac statuta hoc libello conscripta, atque summa nostra regia authoritate sancita, vobis in vestrum commo- dum mittimus ac promulgamus, diligenterque atque fide- liter a vobis observanda proponimus : quod dutn feceritis, illisque, ut oportet, ex animo parueritis, non solum a Deo opt. max. et a nobis laudem et praemium expectabitis, verum etiam una cum pietatis atque optimarum artium non raodico incremento omnes gradus in academia in pulcher- rimum ordinem adducetis, illiusque famae ac dignitati optime prospicientes florentissimam efficietis. Ac tandem (quod apud nos non minimi est momenti) exemplo vestro, tanquam in omnium oculis et monte positi, reliquum po- pulum nostrum ad consimilem legum nostrarum observa- tionera, ac ad pacem, concordiam, veramque obedientiam, trahetis atque perducetis ; digni regio favore, digni vir- tutis ac literarum praemio. Sed quoniam exhortatio libe- ram excitat voluntatem, mandatum necessitatem facit ; nee omnes virtutis amore, sed plures poense metu ad leges cus- todiendas coguntur : omnibus igitur quibus jurisdictio in hac parte competit, maximeque vobis, qui potestatem publicam academiae exercetis, vel singulorum collegiorum gubernacula tenetis, mandamus, ut et vos ipsi statuta ista, quatenus ad vos pertineant, observetis, et a reliquis omni- bus diligentiam in iisdem observandis exigatis, illorumque executioni totis viribus incumbatis. Si vero (quod absit) 1570] DURATION OF THE TERMS. S favore, gratia, lenitate, vel incuria vestra ea contemni, ne- gligi, vel non observari aliquando contigerit; vos, qiiibus illorum executio demandata est, quique aKorum guberna- tionem suscepistis, hujus transgressionis reos judicabimus, atque a vobis exaetam illius rei rationem exposcemus. Dominus Jesus et voluntatem in vobis has leges custodi- endi, bonasque literas pietatemque discendi, et facultatem easdem ad ipsius gloriam exercendi et exequendi, concedat. Datum apud manerium nostrum de Reding, 25° Septem**. anno regni nostri 12", et anno Christi 1570°. In cujus rei testimonium has literas nostras, manu nostra signatas, magno sigillo nostro Angliae muniri fecimus, die et anno supradictis. Leges sive statuta Cantabrigiensis academise. Deum timeto, regem honorato, virtutem coHto, disci- plinis bonis operam dato. Sed qui reipublieae vult leges et instituta proponere, non solum laboris, verum etiam et otii debet rationem habere : interest enim studiosorum homi- num et literatoruni nonnunquam laxatos habere animos, ut ad studia contentiores veniant. Et quanquam literarius labor re quidem vera sit suavissimum otium, tamen et otium suum habet negotium, et intermissionem propterea requirit. Itaque lectionibus et disputationibus publicis fines terminosque ponamus. I. De terminorum assignatione. Primus lectionmn et disputationum dies erit a decimo die Octobris usque ad decimum scxtum Deccmbris, se- cundus terminus erit a tertio decimo die Januarii ad deci- mum ante Pascha diem. Undecimo post Pascha redinte- grabuntur disputationes et lectiones publicae usque ad diem Veneris comitia sequcntem. Terminus vacationis erit a die supradicto usque ad decimum Octobris: in quo propter intemperiem ccx?li, et pestis at(juc contagionis pericula, nee 4 wiiitgift's statutes. [1570 puLlicfv Icctioncs (pr;vter rccfias) ncc disputationcs sint in academix' scholis, (.{mx^ nioiiicntuiu ali(jUod ad gradiis adi- piscendos adferant. Licebit tamen cuivis eo tempore suae exercitationis causa publice quidvis praelegere, aut etiam disputationcm ibidem instituerc, venia tamen prius a can- cellario data. II. De baccalaureorum inauguratione et magnis comitiis. Solennis et annua sit professio baccalaureorum die Mercurii primam Dominicam Quadragesimae praecedenti, et prorogetur ad diem Jovis post quartam Dominicam ejus- dem, quo tempore omnes quaestionistae antiquum et soli- tum examen subibunt. Et magna comitia, cooptatio atque inauguratio caeterorum ordinum primo Martis Julii : quo tempore, si pestis obfuerit, aut alia gravior causa fuerit, quo minus solennes ritus possint peragi, in primum diem Martis Octobris, vel alium quemcunque diem, differantur, judicio cancellarii praescribendum. III. De lectoribus publicis. Qui praelegerit theologiam, jus civile, medicinam, aut mathematicam, quaternis diebus in hebdomada ad mniimum legat, nempe, Lunae, Martis, Mercurii, et Jovis. Quod si festus dies intercurrat, in alio die supplebit, ut onmtfio quatuor dierum lectio praecise observetur. Linguaruuft professores, philosophias, dialecticas, et rhetorices eandem in legendo formam observabunt : quod ni fecerint, regii professores decem solidis pro qualibet lectione, quam omi- serint, mulctentur. Et mulctae quidem lectorum theolo- gise, Hebraicae et Graecae linguae, secundum pracscriptum statuti Collegii Trinitatis in usum dicti collegii reddantur. Mulctae duorum, juris civilis et medicinae, per vicecancel- larium exigantur. Reliqui autem quatuor ordinarii et publici lectores pro qualibet lectione, quam omiserint, sol- vent tres solidos et quatuor denarios. Et si quispiam prae- 1570] OF PUBLIC LECTURES. 5 dictorum lectorum dies illos quatuor interpolatos sumere malit, quam continuos, sub fineni praecedentis lectionis au- di tores suos intermissionis hujusmodi commonefaciat, sub poena pr^edicta. IV. De temporibus lectionum et libris praelegendis. Tempora lectionum publicarum referuntur ad judicium vicecancellarii, qui pro tempore fuerit, et magistrorum col- legiorum. Tlieologicus prselector tantum sacras literas do- ceat atque profiteatur. Jurisconsultus Pandectas, Codicem, vel ecclesiastici regni nostri jura, quae nos edituri sumus, et non alia, pra?legat. Philosophicus lector Aristotelis Pro- blemata, Moralia, Politica, Plinium, vel Platonem, publice doceat. Medicinal lector, Hippocratem vel Galenum. Mathematicus professor, si cosmographiam doceat, Melam, Plinium, Strabonem, aut Platonem, enarret ; si arithme- ticam, Tonstallum aut Cardanum, &c. ; si geometriam, Eu- clidem ; si astronomiam, Ptolomseum. Dialectices pro- fessor, Aristotelis Elenchos, aut Topica Ciceronis. Praa- lector rhetorices, Quintilianum, Hermogenem, aut aliquem alium librum Oratoriarum Ciceronis. Quos omnes libros vulgari lingua pro captu et intelligentia auditorum ex- plicabit. Interpretabiturque Gracse linguae professor Ho- merum, Isocratem, Demostlienem, Euripidem, aut alium ex antiquioribus, et artem una cum proprietate linguae docebit. Lector Hebraicus non nisi ex fontibus Sacraj Scripturae praeleget, simulque grammaticam Hebraicam et linguae proprietatem docebit. Omnes unius atc^ue ejusdem scientiae lectiones una atque eadem hora legant atque con- currant. V. De publicarum lectionum auditoribus. NuUus scholaris quocunque gradu et nomine censcatur, sivc collcgiorum stipcndiis sustentetur, sivo suis sumptibus alatur, uUam publicam lectionem, ejus profcssionis cui dcs- 6 whitgift's statutes. [1570 tinatus est, omittat : sed a principio usque ad finem quiete et attcntc earn audiat: nullaque ejus cxcusatio admittatur, nisi infinnitatis, vel alterius urgentissima) necessitatis, prius vel post intra triduum per absentem a lectione ultro alle- ganda et per proeancellarium vel procuratores approbanda. Qui huic ordinationi non paruerit, pro prima vice pretium commeatus unius diei, pro secunda, trium, pro tertia, unius hebdomadae, pro quarta, duarum hebdomadarum persolvat. Quod si alicujus negligentia et contumacia longius proces- serit, pro arbitrio domini procancellarii puniatur. Magister, prasses, aut pragpositus cuj usque coUegii banc mulctam ad denuntiationem et petitionem cancellarii, ab eo qui pecca- verit exigito, et persolvito, dividendam aequabter inter academiam, procuratores, et prajcones. Atque quo certius constet qui cuique lectioni interesse teneantur, volumus, ut primarii lectores omnium collegiorum, ab aliquo praeconum triduo ante initium cuj usque termini admoniti, scedulam, nomina singulorum sociorum, discipulorum, pensionariorum, sisatorum, subsisatorum in suis collegiis commorantium con- tinentem, et quas lectiones quilibet audire et frequentare debeat, intra tres dies procuratoribus vel eorum alteri exhibeant. Quod si illi admoniti non fecerint, sive bedelK per vices neglexerint, qui delinquit, sex soKdorum et octo denariorum mulctam incurrat. Quinetiam ne quispiam in fraudem praedicti statuti et ordinationis delinquens impune latere possit, statuimus ut decani cuj usque collegii, aut si nullus sit ibi decanus, tunc primarii lectores, monitores singulis septimanis pro qualibet dictorum auditorum classe (artium magistros, legum, musicee, et medicinae baccalau- reos, et superiores gradus excipimus) constituant. Qui iidem monitores, nisi singulis diebus, quibus professores legere contigerit, statim finita lectione schedulam absen- tium, sero venientium, vel exeuntium, alteri bedellorum in scholis tradiderint, pro qualibet vice duodecim denariis mulctciitur. Porro ut magistri artium, legum baccalaurei, 1570] OF BACHELORS OF ARTS. 7 et qui sunt superioris gradus, suas etiam lectiones diligenter frequentent, collegiorum praepositi aut eorum locum tenen- tes sedulo providebunt. VI. De ratione studiorum, et quibiis modis ad altiores gradus digni- tatis juvenes promoventur. Primus annus rhetoricam docebit, secundus et tertius dialecticam, quartus adjungat philosophiam, et artium ista- rum domi forisque pro ratione temporis quisque sit auditor : in hoc quadriennio bis quisque disputato in publicis scholis, bis respondeto in suo grege. Quae si perfecerit, et post consuetum examen dignus videatur, post completum qua- driennium, et non antea, baccalaureus esto. Ita tamen quod prius respondeat quaestioni, et stet in Quadragesima more consueto usque ad postremum actum, et super his cautionem realem exponat. VII. De baccalaureis artium. Hi auditores assidui philosophicae lectionis, astronomise, perspectivai, et Graecae linguae sint : idque quod inchoatum antea erat, sua industria perficiant. Intererunt cunctis magistrorum artium disputationibus, aperto capite, nee abibunt inde nisi a procuratoribus petita venia. Baccalau- reus quisque ter respondebit magistro objicienti; bi.- In sui gregis exercitatione respondebit ; declamabitque semel. In his ubi justum trium annorum spatium versatus fuerit, et haec ilium perfecisse constiterit, postquam solenniter pro- ductus fuerit, cooptabitur in magistrorum ordinem. Jura- bunt autem singuli magistri artium in comitiis suis de regentia sua per quinquennium retinenda ; et cursu dispu- tationum toto hoc tempore servando ; post quod tempus non-regentes erunt. Regentes autem in artibus, qui ante lujcc statuta inaugurati sunt, regentiam suam retinebunt ad quinquennium a tempore inaugurationis suae numerandum, 8 whitgift's statutes. [1570 et non ultra : ct si quinquennium illucl jam elapsum sit, statim non-rcgentes erunt. VIII. De magistris artiuui. Magister artiuni sedulus crit thcologiac atque Hebra- icae lectionis quotidianus auditor: quibus rebus annorum septem dabit operam : quo spatio bis disputabit contra theologian baccalaureum : semel jiost quartum annum re- spondebit in theologia : concionabitur Latine semel et semel Anglice in academiae templo, et semel ad Crueem Divi Pauli infra annum post gradum baccalaureatus sus- ceptum. Et, si hoc tempore in theologia profecerit, post completum septennium, et non antea, per solennem inau- gurationem baccalaureus fiat. IX. De illis qui ad academiam xxiv aimos nati accedunt. Qui ad academiam viginti quatuor annos nati accedunt, et se studio theologiae totos tradunt, si omnes hujusmodi exercitationes coluerint, quae ad magistros artium ad theo- logian! converses spectant, post decennium, ad gradum baccalaureatus theologiae accedere poterunt, sine ullo in artibus gradu suscepto : ita tamen, ut officiariis pro infe- rioribus gradibus, more ab academia recepto, satisfaciant. X. De baccalaureis theologiae. Theologiae baccalaureus theologicam lectionem audiat quotidie: in quaestionibus theologicis bis opponat; semel respondebit, idque doctori, si commode fieri poterit : Latine semel, Anglice semel, concionabitur in academiae templo, ct semel ad Crueem Divi Pauli, infra annum a gradu sus- cepto. Quinquennium post baccalaureatum susceptum in theologia progressus, poterit vocari in ordinem doctorum. Si quis, cupiens cooptari in ordinem baccalaureorum, aut doctorum theologiae, non responderit, nee opposuerit se- cundum ordinem supra praescriptum in iisdem statutis, is 1570] DOCTORS OF DIVINITY AND BACHELORS OF LAW. 9 nihilominus poterit baccalaureus fieri, si semel doctori respondent; et publice unam concionem ad cleruni, et alteram ad populum habuerit ; et infra annum post gradmn susceptum, unam ad Crucem Divi Pauli : et post baccalau- reatum idem poterit esse doctor, si semel doctori respon- derit, et unam concionem ad clerum habuerit in academiae templo ante ejus admissionem, et alteram ad Crucem Divi Pauli infra annum sequentem, modo quinquennium com- pleverit post gradum baccalaureatus. XI. De doctoribus theologise. Post tantum laboris susceptum, et tot pericula atque examina, nolmnus plus laboris doctoribus imponere, quam ipsi volunt sua sponte suscipere ; nisi quod semel infra annum suscepti gradus, quaestionem ipsi sibi proponent in publicis scholis, cujus ambigua et dubitationes dum in utramque partem enucleaverint, definient, determinabunt- que, sub poena quadragiiita solidorum academias solven- dorum. All. De legum studiosis. Qui a primo in academiam adventu legibus operam dabit, primum annum integrum institutionum lectioni domi suae impendat : deinde quinquennium to turn pubKcum juris professorem audiat: respondebit publice semel professori, aut alicui doctori ejusdem facultatis, antequam fiat bacca- laureus juris. Qui fuit ante baccalaureus artium, quatuor annorum studio juris poterit esse baccalaureus, si ordine pracscripto responderit. XIII. De legum baccalaureis. Hie etiam regium in jure professorem audiat quinquen- nium : respondebit hoc tempore bis in suis scholis ; opponet semel, et cooptabitur doctor. Magister artium septennium dans operam legibus, et caeteris perfunctis, quae hie rc(|ui- runtur, poterit cooptari inter legum doctores. 10 whitgift's statutes. [1570 XIV. De legum doctoribus. Doctor legum mox a doctoratu dabit operam legibus Anglia?, ut non sit impcritus earum legum quas habet sua patria ; et differentias exteri patriique juris noscat. XV. De studiosis medicinse. Medicine studiosus sex annos rem medicam discet, ejus lectionis auditor assiduus ; anatomias duas videat ; bis respondeat, semel opponat, antequam baccalaureus fiat. XVI. De studiosis chirurgise. Chirurgiae studiosus duas anatomias faciat, tres ad mi- nimum cuj'ationes se fecisse probet, antequam admittatur ad praxin chirurgise. XVII. De baccalaureis medicinse. Baccalaureus medicinse respondebit bis, semelque oppo- net, anatomias tres, aut ad minimum duas videbit : et tunc post quinquennium a gradu baccalaureatus suscepto, admitti poterit ad doctoratum in medicina. XVIII. De doctoribus medicinse. Post solennem disputationem et inaugurationem suam medicari licite poterit in omni medicandi genere. Magister artium septennium rei medicse dans operam, postquam bis doctori in eadem facultate responderit, semelque opposuerit publice, poterit fieri doctor medicinse. XIX. De modis approbandi eos qui gradum magisterii in artibus suscepturi sunt. Omnis cooptandus in ordinem magistrorum artium sive alicujus collegii, sive propriis sumptibus alatur, primum approbetur a prseposito et majori parte sociorum collegii cujus est, vel a prseposito et majori parte seniorum, juxta singulorum collegiorum statuta et consuetudines. Et col- 1570] OF DEGREES, AND GRACES. 11 legii nomine, ab uno ex eodem collegio, aut ordinario lectore facultatis, sistetur in congregatione coram cancel- lario ; tunc coram exponatur et de libro statutorum clare legatur, quid leges academiae requirant ab eo, qui in ilium ordinem quem petit cooptari debet : quae si perfecerit, et visitaverit doctores et magistros regentes, aut debitam industriam ut eos visitaret prsestiterit, modo majorem partem prsesentium regentium de scientia et credulitate habuerit, secundum morem scholarium in scrutinio admit- tatur : nisi quisquam sponsionem facere velit, et infra octo dies probet eum propter imperitiam indignum, aut vitiosos mores infamem, aut non perfecisse quas leges requirunt. In dicto autem scrutinio stabunt procancellarius et procu- ratores. XX. De ceremoniis in gradibus conferendis. Ceremonije in gradibus conferendis easdem sint, quae antea fuerant, secundum antiquum academiae morem. Qui in aliqua congregatione procancellario aliquem pro aliquo gradu suscipiendo repraesentat, consueta verborum forma utatur. Procancellarius baccalaureum theologiae admittens, his verbis utatur, " Admittimus te ad enarrandum omnes apostolicas epistolas, in nomine Patris," &:c. Doctorem autem admittens, ita dicet, " Admittimus te ad interpre- tandum et profitendum universam Sacram Scripturam, tam Veteris quam Novi Testamenti. In nomine Patris," &c. XXI, De gratiis concedendis. Nulla gratia pro gradu aliquo suscipiendo extra ter- minum omnino vel petatur vel concedatur : nee etiam infra terminum, nisi subsequentibus modo et forma : viz. ut primum approbetur a pracposito et majori parte sociorum collegii sui, vel a praeposito et majori parte seniorum ; et a magistro, seu illius vicem gerente, vel a lectore publico ejus collegii, subscribatur : nee plures proponant terminos 12 whitgift's statutes. [1570 in quibus studucrint in academia, oppositioncs, respon- sioncs, aut alia scholastica cxcrcitia, quam rei fort Veritas ; aliter, ipsa gratia nulla sit. Et cjui falsae petitioni sub- scripserit, voce sua in senatu per biennium sit ipso facto privatus, et inliabilis etiam ad aliquod officium et munus gerendum infra academiam per idem tempus. Deinde in plena congregatione regentium et non-regentium senior procurator illas gratias publice recitabit, quae a cancellario et reliquis pro capite illius anni designatis seu in illorum loco surrogatis approbatae fuerint: et sequenti congrega- tione, vel concursu ejusdem congregationis continuatae, iUsc ipsae gratias in domo non-regentium primum a seniore scrutatore iterum publice legentur: ac statim duo scruta- tores cum seniore non-regente tunc praesente in scrutinio stabunt, ac vota aliorum per hoc verbum " placet" vel " non j)lacet" et non aliter, accipient, et ea scriptis mandabunt, prgecone primum " ad scrutinium" proclamante ; quod simi- liter secundo et tertio, modico interjecto intervallo, faciet. Et si post trinam illam monitionem a voce danda cessatum fuerit, senior scrutator, collatis prius suffragiis, publice pronuntiabit pro majori parte suffragantium "placet Us" vel " non placet Us." Quam formam observabunt etiam in domo regentium, senior procurator in legendo et pronun- tiando, procancellarius et duo procuratores in suffragiis accipiendis, et prasco ad scrutinium vocando, et reliqui regentes in vocibus suis dandis. Ea vero observatione omissa, inanes et irritae sint gratiae. Hinc autem excipimus gradum baccalaureatus artium, qui antiquum modum pe- tendi retinebit. Decernimus ut nulla gratia, quae pro- ponetur in scholis, dispensationem habeat quamcunque ; et si secus fiat, gratiam illam irritam et inanem esse volumus. Nee ulli concedatur gratia, ut ejus admissio stet ei pro completis gradu et forma, sub poena perjurii procancel- larii, et eorum qui fuerint in capite ; nisi sint regiae majes- tati a secretis, aut cpiscopi, aut nobiles, aut nobilium filii. 1570] OF DISPUTATIONS AND DECLAMATIONS. 13 XXII. De disputationibus sophistarum. Ordo disputcitionum hie est. Inter sophistas veter- rimus se responsorem exhibebit, et ordine sequentur alii juniores ad finem illius anni. Primus dies termini erit decimus Octobris : non respondebit, nisi qui secundum annum expleverit. Tres principes quaestiones proponat, unam in mathematicis, alteram in dialecticis, tertiam in philosophicis naturalibus aut moralibus ; quas triduo ante affiget valvis scholas suae. Caeteri contra disputanto. Ubi responsor haesitaverit, moderator alter si possit nodum dissolvito. Tempora earum disputationum erunt diebus Lunae, Martis, Mercurii, Jovis, et Veneris, a prima post meridiem ad tertiam. Scholae moderator per singular disputationes tres suo arbitrio permittat, vetustatis ordine, argumenta respondenti proponere praster principalem dis- putatorem. XXIII. De baccalaureorum disputationibus. Baccalaureorum disputationes fient die Veneris a nona ad undecimam, si nulla tunc magistrorum disputatio sit; tunc enim fient ab bora prima ejusdem diei usque ad ter- tiam. Respondebit non nisi baccalaureus secundi anni. Incipiat veterrimus, et ordine reliqui sequentur. Contra disputabit unus suo ordine, cui schola? moderator adjunget quatuor aut plures pro suo arbitrio in singulis disputation- ibus, qui argumenta respondenti objiciant. Qui cursum suum in respondendo omiserit, decem solidis mulctetur; qui vero in opponendo cursum omiserit, tribus solidis et quatuor denariis. XXIV. De declamationibus baccalaureorum. Baccalaureorum declamationes erunt diebus Sabbati ab bora octava ad nonam ante meridiem. Prima vero hcb- domada duo ordine baccalaurei unum thcma tractabunt, cujus contrariam partem duo alii defendent hebdomada 14 wiiitgift's statutes. [1570 sequcnti, sub pciMia (luinquc solidorum, si quis cursum suum oniiscrit. XXV. De magistrorum artium disputationibus. Magistrorum artium disputationes erunt singulis die- bus Lunac, Martis, Mercurii, Jovis, singulis septimanis in termino, nisi aliquis festus dies intervenerit. Durabunt autem ab liora nona ante meridiem ad undecimam. Et singuli magistri artium ad eas cogentur, quoad quartum post inaugurationem suam annum expleverint : post quod tempus inter theologos, jurisconsultos, aut medicos dispu- tabunt. Inhibemus ne duo magistri eodem tempore dis- putent, aut duo baccalaurei respondeant, nisi alter eorum variaverit. Magistri artium primi anni, quemadmodum in antiquis statutis praecipitur, sic etiam nunc, bis disputa- bunt, priusquam ad aliorum cursum ventum sit. XXVI. De theologorum disputationibus. Quolibet secundo die Jovis cujuslibet termini fiat dis- putatio in theologia : in qua disputatione duae theses theo- logise per dominum procancellarium, regium in theologia professorem, ac unum doctorem, vel baccalaureum theo- logiae seniorem in Universitate prsesentem, approbandte, tractabuntur ab hora prima post meridiem ad horam quar- tam ejusdem diei. Respondebit baccalaureus in theologia maxime senior ; et sic deinceps caeteri ejusdem ordinis secundum senioritatem suam, et post eos omnes magistri artium postquam quartum annum a gradu magisterii sus- cepto compleverint (qui medicinse aut juri civili per statuta coUegiorum non destinantiu-, aut tenentur ad disputationem juris civilis aut medicinaj), sive sint socii collegiorum, sive pensionarii secundum senioritatem suam in academia. Si quis cursum suum intermiserit, mulctabitur viginti solidis toties quoties: ita tamen, ut nihilominus idem cursum suum intermittens, ad proximam teneatur disputationem 1570] OF DISPUTATIONS IN DIVINITY. 15 theologicam, donee in propria persona eandem praestiterit sub poena consimili. Opponentes erunt tres secmidum cursum et ordinem coUegiorum praescriptum in his statutis. Stet mulcta ibidem praescripta, omni excusatione seposita. Si quis tamen pro gradu suo velit respondere, aut alio die respondeat, aut vicem commutet cum eo qui responderet : ita ut proximo die Jovis disputabili, is qui prius respon- disset locum et cursum occupet. Bedellis vero solitam pro singulis disputationibus coUectam reservavimus, ab aliis oneribus respondentes absolvimus ; nisi pro gradu respon- deant ; quo tempore eosdem ad ordinem et statuta coUegi- orum in quibus degunt referrimus. Quod si quisquam propter aliquam causam rationabilem per cancellarium, re- gium professorem in theologia, et magistrum ac majorem partem sociorum coUegii sui, approbandam, mutaverit cm-- sum suum, idem tamen arctetur ad cursum suum servan- dum in propria sua persona, cessante hujusmodi causa similiter approbanda, eodem termino aut proximo sub poena praedicta. Quod si festus dies intercesserit, proximo die Jovis disputabili eadem disputatio compleatur. Ad extremum statuimus, quod haec disputatio progredietur ac descendet hoc ordine, de termino m terminum et de amio in annum, donee omnes qui hoc statuto astringuntur re- spondeant; tunc vero iterum disputatio incipiat a senior- ibus, ut supra institutum est, et sic progrediatur de tem- pore in tempus. xxvii. De ordine quo singula collegia opponentes et disputatores suppeditabunt. Primo, Collegium Regium, unum. Deinde, Collegium Trinitatis, unum. Post, Collegium Divi Johannis, unum. Post, Collegium Christi, Petri, et MagdalenaL^, unum. Post, Collegium Regineimi, Pembrochiae, et Catherinae, unum. Postremo, Collegium Jesu, Gunvilli et Caii, Corporis Christi, et Clarie, unum. Altero die Collegium Trinitatis IG WHITGirx's STATUTES. [1570 inchoabit, et it.a circulo, quoad quoclciuc collegium primum sit et postreinum. Singulis vero disputationibus, tres ab his eollegiis, aut collegiorum copulationibus, replicatores et disputatores adsiiit. Magistri artium replicabunt eo ordine quo fuerint inaugurati in academia. Si quis neglexerit, mulctetur sex solidis, eorum duobus procuratoribus, duobus respondenti, et totidem praeconibus numerandis. XXVIII. I)e jurisconsultorum disputationibus. Juris civilis disputatio fiat sexto die Jovis in unoquo- que termino, aut alio ad assignationem cancellarii. Dispu- tabit regius prselector, aut doctor aliquis ejus facultatis. Respondebit qui pro forma locum petit, aut ejus defectu aliquis eorum qui juri civili dant operam, secundum ordi- nem senioritatis suae. Quod si quis neglexerit, mulctabitur viginti solidis. Auditores vero duo regii professoris in eadem facultate juxta senioritatem suam opponent, ubi videbitur praelectori aut doctori disputanti sub poena sex solidorum, quoties quis deliquerit. Atque ut certius in posterum de senioritate constet, quilibet legum baccalau- reus omnibus artium magistris, qui anno sequenti in eum ordinem cooptantur, quoad disputandi ordinem, senior, magistris autem artium ejusdem vel superioris anni junior, censeatur. Legum autem baccalaurei, ne senioritatis inter se ignoratione disputandi cursum impediant, senioritatem pro ordine admissionis habeant. Responsores et disputa- tores sumentur ex Aula Trinitatis, et ex aliis eollegiis de numero illorum qui privileges studii juris civilis iiti volunt, modo doctores non sunt, sub poena ejusdem, quae praedi- citur, mulctae. Hi duas ad minimum boras in disputatione permanebunt. Hae disputationes, ut rite, ordine, et per- petuo fiant. Aula Trinitatis providebit, et collegia eo ordine quem ante posuimus. Et si desiderabuntur responsor aut disputatores, eadem mulctaimponetur delinqucntibus, quam ante nominavimus. 1570] OF THE DISPUTATIONS. 17 XXIX. De medicorum disputationibus, Medicina disputationem habebit nono die Jovis in quo- que termino, aut alio ad voluntatem procancellarii : dispu- tabit praglector regius, aut aliquis doctor. Respondebit qui pro forma locum petit, aut, ejus defectu, aliquis eorum qui medicinae dant operam, secundum ordinem senioritatis suae, sub poena viginti solidorum quoties deliquerit. Et auditores duo regii professoris in eadem facultate opponent juxta senioritatem suam sub poena sex solidorum. XXX. De facultatum omnium disputationibus. Duae theses vel conclusiones omnium harum disputa- tionum octo dies ante diem destinatum disputationi scho- larum publicarum valvis et cathedrae disputantis a respon- dente affigantur ; et eodem tempore ad professores earun- dem scientiarum atque ad procuratores et praecones per respondentem adducantur, sub mulcta duorum solidorum eidem infligenda : die vero sequenti praecones easdem quaestiones adducent ad eos, qui sunt disputaturi, sub ea- dem mulcta. XXXI. De determinatoribus singularum disputationum. Regius in theologia professor, et singularum artium atquc facultatum praelectores, singulis ejusdem artis dis- putationibus intererunt, praeter praelectorem philosophia?, quern baccalaureorum disputationibus tantum praeesse vo- lumus. De argumentis judicabunt ; et si quae difficilia sunt, vel male ab aliis dissoluta, ipsi dissolvent, atque ad extre- mum, quid ipsis do singulis propositis disputationibus vi- deatur, determinabunt ac definient. XXXII. De disputationibus in vesperiis et die comitiorum. Disputatio theologica in vesperiis comitiorum erit sub hora octava antemeridiana ad uiideciniam ; in die coini- c 18 whitgift's statutes. [1570 tiorum ab hora oetava ad undccimam ; philosophica vcro, in vesperiis ab hora prima usque ad tertiam ; in die comi- tiorum ab hora undecima usque ad secundam. Disputatio in jure civili crit in vesperiis ab hora tertia usque ad quar- tam ; in die comitiorum ab hora secunda usque ad tertiam. Disputatio in medicina in vesperiis erit ab hora quarta usque ad quintam ; in die comitiorum ab hora tertia ad quartam. Si vero nulla sit in vesperiis disputatio theo- logica, tum disputatio philosophica eodem tempore erit ; et disputatio in jure civili erit ab hora prima ad tertiam, et medicinal disputatio a tertia ad quintam. Procancellarius erit moderator et determinator theologicae disputationis in comitiis, si ita illi videbitur ; sin minus, regius in theologia professor, aut alius doctor a procancellario assignandus. Baccalaurei theologias, juris civilis, et medicinae ejus anni comitiis, quo hos gradus suscipiunt, vel unum ex seipsis communiter eligant, vel aliquem alium suo sumptu provi- deant, qui in die comitiorum sua in arte respondeat. In omnibus comitiis et disputationibus publicis academiae, et privatis collegiorum, nulla neque oratio neque quaestionum expHcatio de libro scripto legatur : hoc si quis privatim violaverit, domi a magistratibus suis justa poena coerce- atur : sin publice, quinque solidis mulctetur, singulis pro- curatoribus et praeconibus academiae singulis solidis tri- buendis : proviso, quod hac lege theologi, jurisconsulti, ac medici non tenebuntur. Lector theologiae, juris, medi- cinae regius semper cathedram illius artis teneat, modo sit doctor in ilia facultate. Regius in medicina lector unam anatomiam singulis annis faciet, si auditores hoc requirant, et anatomiae impensas pervenire velint. XXXIII. De electione cancellarii. Cancellarii magistratus tam diuturnus esto, quam vetera statuta moresque academiae permittebant : nimirum ad hi- 1570] CHANCELLOR AND VICE-CHANCELLOR. 19 ennium integrum ; aut tamdiu, quam tacito consensu aca- demiae cancellarius permittatur in eodem officio manere. Intra quatuordecim dies post vacationem hujus muneris certo cognitam a regentibus et non-regentibus, ad hunc inodum novus cancellarius eligatur. Prsecones aut viatores academiae, procancellarii jussu, congregationem regentium et non-regentium in horam nonam subsequentis diei voca- bunt. Turn autem procancellarius et procuratores, as- sumpto juniore doctore theologige qui turn in academia fuerit, vel si nullus theologiae doctor praesens in academia fuerit, adhibito juniore doctore juris civilis aut medicinse, stabunt in scrutinio, suisque suffragiis prius in scripto latis caeterorum praesentium sufFragia scripta accipiant. Haec omnia senior procurator accepta palam ac sigillatim leget, et ille per procancellarium cancellarius electus renuntia- bitur, cui plurimi suffragati fuerint. Confestim autem post electionem instrumentum electionis ejus factum, sigillo communi obsignabitur, et quam maturrime fieri poterit illi tradetur. XXXIV. De electione procancellarii. Tertio Novembris, hora videlicet octava ante meridiem, munus procancellariatus quotannis de jure vacabit, ac hora nona proximo sequenti in domo regentium convenient omnes collegiorum praepositi ; ac statim senior gradu pri- mum, deinde singuli, ordinc suo, unum aliquem ad id offi- cium nominabunt, e quorum numero dicti praepositi duos punctis suis notabunt, quorum alter, et non alius, eligatur in procancellarium. Si vero de majori numero praeposi- torum (non habita ratione numeri totius sed plurium) in signandis duobus, vel eorum altero, in tribus scrutiniis con- stare non possit, tunc ille ex his, qui paria habeant suf- fragia, nominetur, in quem regius in theologia professor consenserit; ct illos duos sic designates, eodem die is qui 20 wiiitoift's statutes. [1570 gradu praeest seniori procuratovi publicandos regentibus et non-rogcntibus ante electionem significabit. Quos si senior procurator sic publicarc recusaverit, ilium officio procura- toris ipso facto privatum declaramus. Electio autem novi procancellarii non ante viginti quatuor horas post vaca- tionem, et omnino ante horam quintam postmeridianam quinti diei cjusdcm mcnsis fiat ad banc formam. Munere procancellarii vacante, praecones, jussu procui'atorum, con- gregationem regentium et non-regentium in horam nonam aut primam quarti diei ejusdem mensis Novembris voca- bunt : alioqui ipsi praecones in horam nonam aut primam illius quinti diei id sua authoritate faciant. Tunc procu- ratores, assumptis duobus senioribus doctoribus in acade- mia praesentibus, aut horum vice, si nulli in academia fuerint, duobus senioribus in theologia baccalaureis, in scrutinio stabunt, et conscripta sua ipsorum suffragia primi ferent, ac deinceps omnium aliorum regentium et non-re- gentium suffi-agia scripta accipient : haec senior procurator aperte et separatim leget, et ille, ex duobus quos praefecti collegiorum nominaverint, et non alius, procancellarius erit, quern major pars regentium et non-regentium suifragiis suis elegerit. Si vei'o hoc officium procancellariatus infra an- num vacaverit, quam proxime ad formam suprascriptam, infra triduum vacationis cognitae, novus eligetur. XXXV. De electione procuratorum. Volumus ut collegia singulis annis procuratores futuri anni ex non-regentibus vel regentibus tertii ad minimum suae regentiae anni nominent ; et ut ordinem inceptum et infrascriptum inviolabiliter observent: atque cum ad cal- cem ordinis perventum fuerit, rursus a capite incipiant ; et ita circulariter in nominandis procuratoribus juxta eundem ordinem pcrpctuo procedatur. Quos sic nominates, ante primum Augusti praefecti illorum collegiorum, vel alii il- 1570] PROCTORS. 21 lorum nomine, procancellario praesentabunt, eosdemque, sic pragsentatos et nominates, regentes eligere omnino tene- buntur; nisi legitima causa sive exceptio contra eosdem ante primum Octobris coram procancellario allegata, et coram eodem et majori parte praBpositorum collegiorum infra quatuor dies proximos probata et approbata fuerit. Electio autem procuratorum postridie Dionysii erit, quo tempore procuratores, taxatores, et scrutatores anni prae- teriti munere suo se abdicabunt; et confestim postquam illi ab hoc munere decesserint, sine ulla intermissione ad electionem novorum procedatur, ad hunc modum. Can- cellarius, duobus magistris artium regentibus senioribus assumptis, in scrutinio stabit, et illi sua ipsorum scripta suffragia primi ferent ; deinde omnium aliorum regentium scripta suffragia accipient; quae senior magister artium aperte et separatim leget, illique procuratores erunt quos major pars praesentium suffragiis suis elegerit. Procura- tores electi syngraphas cancellario dabunt de solvendo regio vectigali, reliquaque pecunia senescliallo et bedellis pen- denda pro liberatione academiae ; et de omnibus illis rebus per senescliallum academiae in scripta redigendis in per- gameno, et procancellario tradendis, quae in duobus letis academiae quotannis praesentantur. Et cancellarius syn- graphas non reddet, donee procuratores sufficientes acqui- tantias in publicam academiae cistam intulerint. 22 VVHITGIFT S STATUTES. [1570 Ordo secuncluin quern collegia qiiotannis procuratores nominabunt, inceptus a.d. 1557, quoad taxatores vero 1570. , / Col. Regal. I Aul. Trin. , f. / CoU. Christi. ^^- \ Coll. Gon. et Caii. o, /CoU. Johan. ■^^^ (CoU. Jesu. „ /Coll. Trin. \ Dom. Petri. ,- /CoU. Regal. "•\ Aul. Pemb. „ /CoU. Regin. '*'^- (Aul. Cath. „ /Coll. Johan. •^•jColl. Christi. ,„ /Coll. Trin. '"• \Aul. Cath. „„ /CoU. Regal. '^'^' (Dom. Petri. . /Aul. Pemb. *-\Aul. Clar. , (J / CoU. Johan. ^''- (CoU. Regin. „. /CoU. Trin. "^*- (CoU. Christi. , /Coll. Regal. ^- t Coll. Corp. Chris. „„ / CoU. Christi. ^^- \ Dora. Petri. „, rCoU. Johan. ^^•t Aul. Clar. f. 5 Coll. Trm. ^- I Coll. Regin. -, /CoU. Regal. '^*- (Aul. Clar. „« /Aul. Pemb. '*''• (Coll. Gon. et Caii. » f Coll. Johan. '•\ Coll. Jesu. „„ /CoU. Trin. '^''- (CoU. Corp. Chris. „^ /CoU. Regal. •*'• (CoU. Corp. Chris. . / Coll. Gon. et Caii. '*-\Aul. Cath. „o /Coll. Johan. ^'^•(CoU. Magd. „g /Coll. Trin. '^^•j CoU. Regin. q S CoU. Regal. I Dom. Petri. „. /Aul. Pemb. ^^- \ Coll. Jesu. „Q / CoU. Johan. ^^•\ CoU. Jesu. ,n /Coll. Trin. ^"•\CoU. Christi. f Coll. Regal, "^"t CoU. Regin. ,f. / CoU. Christi. (Dom. Petri. , - / Coll. Johan. "• I Aul. Pemb. „^ /Col. Trin. '=''■ (CoU. Gon. et Caii. ., /CoU. Regal. *^- (Aul. Cath. ,9 /CoU. Regin. ^ • \Aul. Clar. n- /CoU. Johan. ""• (Dom. Petri ,„ /CoU. Trin. ^'^^ (Aul. Pemb. , „ / CoU. Regal. ^•^'ICoU. Corp. Chris. „„ /CoU. Christi. '^"- (Aul. Clar. . o / Coll. Johan. *'^- (Aul. Clar. 1, /Coll. Trin. *-t CoU. Jesu. /Coll. Regal. -^^^ (CoU. Corp. Chris. .. /CoU. Regin. **• (CoU. Gon. etCau. , c / CoU. Johan. '''•\ Dom. Petri. „^ r CoU. Trin. "^"•1 Aul. Pemb. 1570] SCRUTATORS AND TAXATORS. 23 Decernimus etiani quod quotiescunque officium procu- ratoris infra annum suscepti officii, per mortem, cessionem, resignationem, deprivationem, amotionem, seu alio modo quocunque vacare contigerit, Aula Trinitatis pro reliqua parte anni procuratorem nominabit et praesentabit, ad modum et formam suprascriptam, qua proxime fieri potest, eligendum, nisi justa causa, ut dictum est, impediat. Idem etiam observari volumus in omni hujusmodi vacatione tax- atorum. XXXVI. De electione scrutatorum. Eodem die et tempore quo procuratores a regentibus eliguntur, duo non-regentes ad officium scrutatorum a non- regentibus eligentur ad banc formam. Stabunt in scru- tinio, jurati per cancellarium, duo seniores doctores non- regentes, aut eorum defectu duo baccalaurei in theologia, aut in eorum absentia duo seniores non-regentes, qui sua et aliorum omnium non-regentium vota et suffragia acci- pient, et senior electos per majorem partem praesentium aperte pronunciet : qui, jurati per cancellarium, scruta- torum officio per ilium annum gaudebunt. XXXVII. De electione aedilium sive taxatorum. Volumus etiam, ut collegia bina annis singulis duos regcntes vel non-regentes nominent taxatores futuri anni, eo ordine qui in nominandis procuratoribus prascriptus est, incipiendo hoc anno ab his collegiis, quae in primo loco constituuntur, et eodem ordine et cursu progredicndo et recurrendo. Hos praefccti collegiorum seu alii eorum vice cancellario ante primum Septembris praesentabunt, quos regentes eligere omnino tenebuntur, et non alios, si nulla legitima causa vel exceptio impediat, ante primum Octo- bris cancellario alleganda, et infra quatuor dies proximos coram eodem et majori parte praefectorum collegiorum probanda et approbanda. Electio autem fiet ad formam 24 whitgift's statutes, [1570 sequentem : p^stridie Dionysii, videlicet hora prima post meridiem, stabunt in scrutinio cancellarius et duo procura- tores, ct sua primum vota simul, scd diversis tamen scriptis, de utroque taxatore ferent. Dcinde omnium similiter re- gentium scripta sufFragia accipient, ea senior prociu'ator aperte leget, et illi taxatores erunt, quos major pars prae- sentium elegerit. XXXVIII. De praeconum seu viatorum numero, officio, et electione. Tres erunt praecones seu viatores armigeri, pari loco et munere, et unus inferioris loci bedellus. Illorum vero trium si quando munus vacaverit, cancellarius curabit con- gregationem regentium et non-regentium intra triduiun in horam nonam subsequentis diei vocandam. Tum cancel- larius et procuratores primo sua ipsorum sufFragia scripta ferent, deinde caeterorum omnium praesentium scripta suf- fragia accipient ; quibus palam et separatim per seniorem procuratorem lectis, ille praeco renunciabitur, quem major pars suifragantium elegerit ; quem cancellarius jurejurando astrictum ad hoc munus admittet. Pecuniam autem ali- quam aut mvmus aKquod neque cancellarius, neque procu- ratores, nee quisquam alius regentium aut non-regentium, nee ante electionem nee post, pro suffragio suo vel requirat vel oblatam accipiat ; sed eos ad hujusmodi munera sine ulla mercedis expectatione aut acceptione eligent. Et si quis contra fecerit, perpetuo infamis, jus suffragii amittat. Et quanquam volumus unumquemque praeconem aut via- torem sic electum et admissum, ad omne tempus vitae suae in hoc officio permanere, nisi insignis aKqua culpa expul- sionem et ejectionem requirat : quo diligentius tamen in officio versentur iidem praecones aut viatores, post fcstum Sancti Michaelis, prima illius termini congregatione, bacu- los suos cancellario tradant, qui cum procuratoribus secrete in quodam scrutinio a regentibus et non-regcntibus quaeret quemadmodum se gesserunt ; num seduli ac diligentes ad- 1570] THE BEDELLS. 25 ministri fuerint: qui si sedulo et honeste ofRcium suum fecisse judicabuntur, cancellarius illis baculos reddet, et illorum integritatem ac diligentiam laudabit, et ad similem diligentiam et integritatem hortabitur : at si quid ab illis per negligentiam admissum fuisse quisquam magistrorum conquestus fuerit, aut si non fecisse officium suum a quo- quam magistrorum artium conquestum fuerit cancellario, turn cancellarius eos admonebit sui muneris, aut aKter pro ratione culpae castigabit atque corriget. Sin vero quo- cunque tempore quisquam illorum insigniter negKgens adversus cancellarium, procancellariimi, aut procuratores fuerit, et post alteram et tertiam admonitionem corrigere sese noluerit, vel aliquod detestabile flagitium perpetra- verit, unde academia in magnam infamiam prolabatur, can- cellarius, advocatis sibi procuratoribus, et aedium praefectis, cum assensu majoris partis eorum, eum praeconem munere suo dejiciat : et tum novus praeco ad formam praescriptam eligetur. Praecones armigeri tres aequale stipendimn, aequalem mercedem accipient, ad aequalem diligentiam et laborem devincti. Stipendium his et merces proveniet, quemadmodum decreto nostro, quid quisque gradus sin- gulis ministris solvat, constituitur. Horum trium et via- toris inferioris praeterea officimn erit, quotidie ac diKgenter cancellario adesse, eique in omnibus quae ad munus can- cellariatus et ad illorum quoque officia spectabunt, inser- vire et diligenter providere, ne, quando referat illos adesse, absentes aut extra conspectum sint. Singulis singularum artium disputationibus duo aut unus ad minimum ex illis semper intersit, si disputator supra gradum baccalaurei sit, et disputatorem domo ad scholas deducat, iterumque a scholis domum reducat. XXXIX. De electione custodum et auditorum communis cisttE sive serarii publici. Ab univcrso academia.' senatu quotannis duo noii-rc- 26 whitgift's statutes. [1570 gcntes coiitinuo post clectioncm procuratorum cligentur, ut sint public! a^rarii cum caucellario et cluobus procura- toribus custodes. Hi quinquc communis cistae quinque diversas clavos habeant. In qua sigillum academijL', pe- cunia, vasa aurea et argcntea, et ornamenta alia academijE conservabuntur. Nihil sine academiae consensu hoc sigillo obsignabitur ; nee pecunia ulla, aut vasa aurea vel argentea, sine liorum notitia et assensu inde extrahentur. In cujus- libet termini exitu, in cemmunem cistam procuratores referent quicquid pecuniae ad academiae usum receptum, illorura in manibus est. Item, eodem tempore tres alii re- gentes aut non-regentss eligentur, qui cum procancellario procuratorum et aliorum ministrorum rationes audient, qui ad pecuniam academise vel accipiendam vel impenden- dam designati sunt. Quae rationes omnes non modo initae, sed etiam confectas, erunt infra duodecim dies post novorum procuratorum electionem, sub poena decem librarum aca- demiae persolvendarum ab eo qui fuit in causa cur inita aut perfecta ratio prius non fuit. XL. De nominatione et electione lectorum et reliquorum officiariorum. Nominationes et electiones lectorum, bedellorum, sta- tionariorum, gageatorum, vinopolarum, et aliorum minis- trorum sen officiariorum academiae quorumcunque de quibus aliter a nobis non est provisum, sequentur modum et formam in electione procancellarii praescriptam ; fientque intra quatuordecim dies post vacationem, nisi aliter statutis nostris aut fundatione cautum sit. Quae aliter factse fue- rint, ipso jure nullae sint et irritae. xLi. De capita in quavis congregatione per annum eligendo, et de ejus authoritate. Ne caput negligere videamur, dum de reliquo corpore providemus, hac lege cautum sit, ut hora prima duodecimi 1570] THE CAPUT. 27 Octobris post meridiem conveniant in domo regentium cancellarius, collegiorum praefecti, doctores, prociiratores, et scrutatores, ad eligendos illos, qui propter cognitionem, gravitatem, atque in rebus gerendis prudentiam et fidem, caput senatus merito appellari solent. Eo igitur tempore cancellarius ummi theologum doctorem, unum jurisconsul- tum, medicum unum, unum non-regentem, et alterum re- gentem, nominatim scribet : uterque quoque procuratorum ex singulis illis ordinibus similiter unum alium nominabit : et ex his quindecim prasfecti collegiorum, doctores, et scru- tatores quinque, i. e. ex singuKs ordinibus et facultatibus unum, punctis suis notabunt : et eos, in quos plures numero praesentium consentiunt, licet majorem partem non faciunt vel aequant (si ratio habeatur totius numeri), senior procu- rator in proximas congregationis initio regentibus et non- regentibus significabit : eosdemque cum cancellario caput totius senatus futuri anni aperte et publice pronuntiabit. Et si de aliquo uno illorum quinque plures numero, ut supradictum est, in primo, secundo, et tertio scrutinio non convenerint, tunc ad cancellarium, et duos seniores doc- tores tum praesentes, aut eorum majorem partem, quorum cancellarius unus sit, electio pro ilia \dce pertinebit. Si autem quisquam istorum forte abfuerit ab aliqua congre- gatione, illius locum occupabit senior illius facultatis tum prsesens ; et si talis non reperiatur, tum alius in alia facul- tate senior praesens in senatu illius vicem eo tempore geret a cancellario evocatus. Horum autem authoritas est in omni senatu et congregatione de omnibus petitionibus prius decernere, quam ad reliquum senatum deferantur : ita ut illae gratiae solae approbentur, et regentibus et non- regentibus proponantur, in quas singuK eorum consense- rint, et non aliae : et si quicquam in senatu petatur aut conccdatur, quod non sit prius istorum judicio et assensu comprobatum, nullum erit omnino et invalidum, nisi his nostris statutis aliter cautum sit. Quicunque fuerit ad ^8 wiiitgift's statutes. [1570 iiiagistratum in acadcniia gercndum logitimis sufiragiis ascitus, ille inagistratum suscipere non recusabit aut tar- da bit ; nisi justani excusationis causam attulerit, ab illis coni])robandani, quorum suffragiis electus fuit. Illud au- teni onnii diligentia ct cautione observetur, ut in procura- toribus et taxatoribus, quemadmodum et in caeteris magis- tratibus eligendis et nominandis, omnes, quorum interest imprimis claborcnt, ut quos astate, eruditione, gravitate, et prudentia caeteros anteire judicent, eos, sive regentes sive non-regentes sint, ad munus academiae suscipiendum eligant. XLii. De cancellarii officio. Cancellarius potestatem habebit ad omnes omnium scholastieorum, atque etiam eorum famulorum controver- sias summarie et sine ulla juris solennitate, praeter illam quam nos prasscribemus, secundum jus civile, et eorum privilegia et consuetudines, tmn audiendas, tum dirimen- das : ad congregationes graduatorum et scholastieorum convocandas; ad homines dignos gradibus scholasticis or- nandos, qui omnia munia scholastica his contenta statutis expleverint ; et ad indignos rejiciendos ab iisdem et repel- lendos ; ad omnes illorum violatores puniendos ; ad pro- videndum praeterea, ut singuli academiae miuistri in suo officio se contineant ; ignavos, grassatores, rei suas dissi- patores, contumaces, nee obedientes, suspensione graduum, carcere, aut alio leviori supplicio judicio suo castigandos. Non licebit tamen cancellario aliquem scholarem exilio mulctare, aut aliquem pileatorum aut praefectorum colle- giorum incarcerare, absque consensu majoris partis praefec- torum collegiorum. Regentes omnes et non-regentes a principiis congregationum ad finem remanebunt, nisi impe- trata a cancellario venia, licentiam discedendi habeant, sub posna duodecini denariorum quoties peccaverint : singuli regentes etiam et non-regentes, qui in academia maxime 1570] DUTY OF THE CHANCELLOR AND PROCTORS. 29 commorantur, et intra ambitum academifE sunt, et vocati, ab aliqua congregatione aut concione ad clerum absunt, a cancellario duobus solidis mulctentur ; cujus midctse di- midium inter cancellarium et procuratores aequaliter divi- detur, dimidium autem academiae assignetur. Q-uicquid statutis nostris academiae cancellario faciendum attribuitur, in ejus absentia hoc idem a procancellario fiat. Eidem cancellario cum consensu totius academic licebit nova sta- tuta ad eruditionis amplificationem, et decori atque honesti conservationem inter scholasticos habendam sancire ; sic ut ea his decretis nostris nihil detrahant aut officiant. XLiii. De officio procuratorum. Procuratores academiee publicis disputationibus juris- consultorum, medicorum, et magistrorum artium intere- runt, et convenientem et decorum ordinem conservandum curabunt; et quamdiu contra quisquam disputabit, prse- scribent : exordia longa, argumenta nugatoria, quae mag- num disputationibus afFerunt detrimentum, prascident, et providebunt ut omnes qui prassto esse tenentur, adsint, nee sine legitima et approbata causa aut venia impetrata discedant ; eosque qui contra faciunt, primo tempore qua- tuor denariis, secundo duodecim, tertio viginti denariis, quarto graviori poena mulctabunt. Si gravior illi qui mulc- tatur mulcta esse videbitur, ad cancellarium provocatio fiet. Procuratorum etiam erit, providere ut singuli suas in re- spondendo vices atque ordinem conservent; eumque qui deliquerit violati ordinis reum ad cancellarium deferent. Cancellarius cum qui deliquerit, primo pecunia praefinita mulctabit ; iterum delinquenti duplicabit mulctam ; tertio vero si deliquerit, cancellarius ilium gravius pro arbitrio suo coercebit. At vero si qui sic offenderit baccalaureus artium primi vel sccundi anni, aut infcrioris ordinis fuerit, primo quinque solidis, secundo decem solidis, tertio vero pro cancellarii arbitrio gravius cocrcebitur. Harum om- 30 whitgift's statutes. [1570 nium nmlctarum triens uniis procuratoribus, alter prsecon- ibus, tertius aerario publico dividatur, quae nisi statim per- solvantur, violator ordinis pignoribus captis coerceatur, qua) ad eain summam perveniant; et post novendium ea distrahantur, nisi interca temporis pro mulcta satisfaciat. Unus ex procuratoribus semper disputationibus philoso- pliicis niagistrorum artium adsit, quarum moderator esse debet ; si abfuerit, tribus solidis et quatuor denariis, quo- ties abfuerit, mulctabitur. Procuratores in matriculatione prgesentes, et officium suum diligenter facientes, singulis matriculationum diebus tres solidos et quatuor denarios ex ea pecunia matriculatoria accipient. XLiv. De oratore. Orator academise, nisi impetrata a cancellario venia, non discedat, et idoneura aliquem ad id tempus vicarium substituat, neque illi hac venia licebit plus tribus raensibus toto anno abesse sub poena muneris oratorii amittendi, nisi veniam ab academia uberiorem habeat. XLV. De concionibus. Nidlus concionator sit, vel aliquam concionem pro gradu suo habeat, nisi ad minimum diaconus sit. Octava Maii ad Henrici Septimi commcndationem sacra concio sit, quam regius in theologia professor faciat. Pridie uniuscuj usque termini concio Latina hora nona antemeridiana in ecclesia beatas Mariae habeatur. Primo termino anni concionabitur regius professor in theologia; secundo professor dominae Margaretae ; tertio concionator academias. Unoquoque die Dominico de anno in annum conciones in academiae templo fiant: ordo idem coUegiorum in concionibus observabitur, quem in disputationibus praescripsimus ; incipiendo a se- nioribus, qui concionatores sunt in unaquaque combina- tione, et sic progrediendo ad juniorem. Qui cursum suum in concionando omiserit, viginti solidis mulctabitur. 1570] DRESS OF THE STUDENTS. 31 Collegia pro singulis concionibus solvent bedellis quatuor denarios, nisi quis pro gradu concionatur. Concionatores autem in concione sua utentur caputio usitato non-regentis sub poena sex solidorum et octo denariorum, quoties deli- querint. Prohibemus ne quisquam in concione aliqua, in loco communi tractando, in lectionibus publicis, seu aliter pub- lice intra Universitatem nostram quicquam doceat, tractet, vel defendat contra religionem, seu ejusdenn aliquam partem in regno nostro publica authoritate receptam et stabilitam ; aut contra aliquem statum, authoritatem, dignitatem, seu gradum vel ecclesiasticum vel civilem hujus regni nostri Anglige vel Hibernias : qui contra fecerit, errorem vel te- meritatem suam cancellarii jussu cum assensu majoris partis prgefectorum collegiorum revocabit, et publice confitebitur. Quod si recusaverit, aut non humiliter, eo modo quo illi praescribitur, perfecerit, eadem authoritate a collegio suo perpetuo excludatur, et Universitate exulabit. XLVi. De vestitu scholarium. Statuimus, ut nemo ad aKquem in Universitate gradum evectus, nisi toga talari caputioque ordini congruente, aut ad minimum insigni circa collum sacerdotali indutus col- legio exeat : contra delinquentis sex solidi et octo denarii mulcta sit. Et si quispiam disputationi publicae in sua facultate, publicis in ecclesia beatae Marise precibus, con- cioni ad clerum, sepulturis, congregationibus, sine toga, habitu, et caputio gradui suo convenientibus, juxta anti- quum academiae morcm, interfuerit, eandem mulctam in- currat. Item statuimus, ut socii cuj usque collegii, ct graduati qui non sunt socii, dum moram traxerint in Uni- versitate, superiore pileo scliolastico et quadrato, nisi aegro- taverint, utantur, et non alio, tam in collegio quam extra collegium, sub poena praedicta. Prohibemus etiam, ne quis scholarium cujuscunque conditionis sit, galcro utatur, aut S2 wiiitgift's statutes. [1570 in coUegio aliquo, ;vut extra collegiuin, nisi jcgrotaverit, sub eadem poena quoties deliquerit. Volumus etiam, nc quisquam, studiorum nomine de- gens in academia, ultra unam virgam et dimidiatam panni in exteriore parte caligarum gestare praesumat ; neve cali- gis fenestratis, conscissis, serico contextis, aliquo modo dis- tentis aut sufFarcinatis, incedat, sub poena sex solidorum et octo denariorum quoties deliquerit. Praeterea volumus, ne quisquam aliquo coUegii sti- pendio sustentatus, aut ad aliquod beneficium ecclesiasti- cum admissus, camisia rugato collari, aut ad manus rugatis plicaturis, sub poena praedicta utatur. Licebit tamen me- dioeri collari rugato uti, modo nihil ex serico intexatur: proviso tamen ne superiores de vestitu ordihationes, domi- norum liberos, aut militum hseredes, aliquo modo astrin- gant. Socii, discipuli, et pensionarii singulis Dominicis et festis diebus in chorum honesto cum apparatu et superpel- liciis tecti veniant ; graduati auteni cum caputiis gradui suo convenientibus sub poena duodecim denariorum. Quod si quis a coUegii magistro requisitus chorum ingredi cum su- perpellicio et caputio neglexerit, vel recusaverit, tempore publicarum precum, pro prima vice commeatu unius septi- manse, pro sccunda vice duarum, pro tertia mensis mulcta- bitur, pro quarta collegio privabitur : neque ullum librum secum afferat, qui non vel Scripturae pars sit, vel ad scien- tiam Scripturae pertineat. XLVii. De modestia et morum urbanitate. Modestiam suo ordini convenientem omnes in omnibus locis colant, praesertim in concionibus et congressibus pub- licis. Inferiores ordines superioribus loco cedant, et debita reverentia prosequantur ; hujus rei violatores, si non fuerint adulti, virga a suis coerceantur ; sin adulti, prime aspere verbis castigentur ; secundo hebdomadae commeatu ; tertio menstruo commeatu mulctentur ; quarto e collegio ejici- 1570] GAMES, &C. FORBIDDEN. 33 antur. Aleas nullo tempore, chartas picta3 non nisi Christi Nativitatis tempore, i. e. duodecim diebus tantum post diem Nativitatis, idque moderate et idoneo tempore in aulis tan- tum usurpentur, sub poena expulsionis post secundam ad- monitionem. Quotidianae oppidi frequentationes, sessiones in oppido diurni vel nocturni temporis, et pecuniae inanes collationes minime usurpentur. Nulla gladiatoria, lanis- taria, aut saltatoria schola, nee domus aleatoria, nee galli prselium, aut ursorum aut taurorum pugna, intra oppidum Cantabrigiae sit, aut frequentetur, sub mulcta quadraginta solidorum ei imponenda, qui hoc statutum aut aliquam ejus partem violaverit. NuUus ex scholasticis scutis ludat ; nee otiosus eorum qui ludunt spectator adstet; nee galli prselio adsit, aut lusui gladiatorio vel saltatorio, aut urso- rum vel taurorum pugnae, sub poena trium solidorum et quatuor denariorum, quoties in hac re peccaverit. Nemo in pupillari statu degens, nisi uni ejusdem collegii, ordinis, et conditionis sodali associatus, concessaque prius a tutore, vel decano, vel collegii praefecto venia, in oppidum exeat ; si secus quis exierit, mulctam arbitrio cancellarii, vel prae- positi collegii cujus est, infligendam incurrat. Pauperes tamen scholares et sizatores ex licentia tutorum, dum in necessariis eorum negotiis versantur, soli exeuntes huic decreto minime astringantur. Statuimus etiam, ut nemo, cujuscunque gradus aut ordinis fuerit (publicos privatosque magistratus excipimus in executione suorum officiorum occupatos), forum fiequentet, vel diutius in aliqua oppidi platea moretur, sub pcjena duorum solidorum, quoties quis deliquerit, imponenda. Neque quisquam scholaris, cujus- cunque gradus aut ordinis fuerit, in conventibus, quos ses- siones vocant, judice pro tribunali sedente, in ilium statum se ingcrat, nisi prius petita a cancellario venia ; qui secus fecerit, viginti solidis puniatur. In nundinis Sturbrigien- sibus, vel iis quae ad festum sancti Johannis Baptistae te- nentur, deprehensus infra gradum magistri in artibus (nisi S-t whitgift's statutes. [1570 speciali licentia prgefecti collegii, vel, eo absente, vices ejus gerentis se defendat), tres soKdos et quatuor denarios no- mine poenae pendat. Inhibemus ne eorum quispiam, qui in oppido tabernas ant cauponas aperiant, vel cibaria ven- dant, aliqueni scholarem ad mensam, commessationes, com- potationes, lusum, moram noctu ant interdiu in suas taber- nas, popinas, ant diversoria recipiant, vel apud se latere patiantur : mulctam, qui banc ordinationem ofFenderit, in- currat quadraginta solidorum, in usum Universitatis appli- candorum, pro prima et secunda vice ; tertio autem, sic ut prsefertur recipiendo scholares delinquentes, ultra praedic- tam pecuniariam mulctam, ne popinas, tabernas, liospitia, aut diversoria aperiant, neve esculenta aut poculenta in posterum vendant, omnino interdicantur. Baccalaurei ta- men legum, medicinse, musicae, artium magistri, et supe- riores gradus, pupilli etiam tutores comitantes, vel ad parentes et amicos in oppidum tanquam hospites adven- tantes, accersiti solummodo ad prandium et coenam impune recipi possunt. Possunt etiam ejus ordinis scholares extra tempus prandii et coenas ex speciali Kcentia praefecti col- legii, similiter impune honesta diversoria intrare, atque ibidem commorari. Statuimus etiam, ne quisquam Kairi]- XiKTjv in rebus mobilibus scholarium exerceat, i. e. ne emat villus, quae mox charius vendat, nisi per cancellarium ad- missus (quam paucissimos autem admittat), et interventu fidejussorum obligatus, sub poena carceris et decem libra- rum, in usum academiag convertendarum : quinetiam sic obligatus in cautione fidejussoria caveat de libro sive re- gistro custodiendo, eoque singulis anni quartis cancellario exhibendo, in quo nomen venditoris, vel traditoris, collegii in quo degit, res vendita, vel pignoris loco tradita, pretium emptionis et venditionis, dies contractus contineatur. Porro librum eum sic exhibitum, convocato ad se altero procura- torum, cancellarius examinabit. Qui famosum libellum isrnarus sive domi sive foras 1570] FORENSIC CAUSES. 35 reperierit, aut corrumpat aut igni tradat, antequam alter inveniat: qui vero alteri fateatur inventum, et vim illius declaraverit, sciat se tanquam autorem delicti puniendum, et Universitate expellatur. XLViii. De causis forensibus. Omnes causae et lites quae ad Universitatis notionem pertinent, tam procancellarii quam commissarii judicio sub- jiciantur; nisi procuratores vel taxatores academiae, aut eorum aliquis, vel magister artium, aut qui supra ilium fuerit, alter litigantium sit ; tunc enim procancellarii solius erit jurisdictio; nisi in nundinis Sturbrigiensibus, et iis quae ad festum sancti Johannis Baptistae apud Barnwell teneantur. Finem autem accipient intra triduum, si fieri potest, omni juris solennitate semota: a sententia commis- sarii ad procancellarium appellabituj intra viginti quatuor horas post latam sententiam ; a procancellario autem, sive lis coram eo coepta sit, sive per appellationem ad eum de- voluta, ad Universitatem provocatio fiet intra biduum a tempore latae sententiae, et non post: suamque appella- tionem intimabit appellans alteri procuratorum intra tri- duum latae sententiae: ille vero statim nomine academiae judicem a quo inhibebit, ne quid pendente appellatione attentare vel innovare praesumat ; prius tanien duobus so- Kdis ab appellante honorarii loco acceptis ; nee non viginti solidis apud eum depositis appellanti restituendis, si justam fuisse causam probetur ; vel in usum academiae converten- dis, si temere appellasse convincatur; aut si post datos judices a prosecutione cessaverit, vel culpa sua cognitio deferatur. Causae appellationum ad Universitatem ultra decern dies, si fieri possit, post datos judices non protra- hantur; nee secunda provocatio omnino admittatur. Ju- dices delegati tres ad minimum, nee plures quam quinque pro qualitate causae in omni appellatione dabuntur ; et sen- tentiae majoris partis illorum standum est. Potestas autem 36 wiiitoift's sxATirTES. [1570 nominandi judiccs sit penes quinque illos viros, qui pro capite illius anni coiistituti sunt, et duos procuratores ; at qui a majore parte istorum nominati fuerint, ad regentes et non-regentes dcferentur sufFragiis suis eligendi, si pla- cent iis; alioquin mutatis uno vel altero, alii eorum loco per dictos septemviros surrogati, proponentur eligendi ; et si hi quoque displicent, simiKtcr tcrtio fiet; quod si nee tertio loco positi eligantur, licebit dictis septemviris, aut eorum majori parti pro ilia vice tantum delegatos judices eligere et dare : et si major pars septemvirorum vel in no- minandis judicibus, vel in eligendis illis, quando electio ad eos devolvitur, non conveniant, tunc plures numero praiva- lebunt, licet majorem partem vel asquam habita ratione totius numeri non efficiant. XLix. De solutionibus faciendis ab iis qui gradus suscipiunt. Solutiones faciendae academies cancellario, procuratori- bus, et bedellis, &c., ab iis qui gradus suscipiunt, in admis- sione sua, &c. Magister grammatices, praeter id quod solvat magistro glomeriae, solvet pro communa 1 2d. ; pulsatori campanae 4c?. ; registrario 4d. ; pulsa- tori I2d.; prsesentatori 2s.] pro collectis 8s. ; pro introitu 6s. 8d. ; pro responsione 6s. 8d. ; pro prandiis et chirothe- cis 3s. ; pro visitatione 6s. 8d. Summa 40*. Procurator in curia 2s. 4d. Inceptor in musica, medicina, vel jure civili solvet can- cellario 2s. ; procuratoribus 2s. ; pro communa I*. 8d. registrario 8d.; pulsatori I2d. ; bedellis pro collectis 2s. 8d. pro duabus responsionibus i3s. 4'd. ; pro introitu 6s. 8d. pro prandiis et chirothecis 3s. ; crastino comitiorum I3s. 4 0e&) ad omnia paratissimus, GuL. Charcus. THE HEADS TO LORD BURGHLEY. [From MS. Lansd. no. 16, art. 34.] To the right honorable and our singular good lord the lorde Burghlie, lorde threzurar of England, and chauncelor of thuniversitie of Cambridge. Our duities in most humble mauer to yowr honour re- membryd ; your lordships lettres wrytten in the behalfe of Mr. Charke have made us all not a litle perplexid ; partlye for the boldnes of hym, who in so notorious a faulte, and manifest breach off statute, would attempte to procure your lordships favor ; but most of all for that wee are herebye brought in some dowbte of your lordships good lykynge of our procedinges in that cause : wherof to rendre a just accompt, and that your lordship maye therbie the easelier judge what lenitie hathe been used on our partes towards the said Charke, contrarie to his reporte, as it semyth, may it please your lordship to be advertised of the whole matter from the begynnyng. First, omittinge the great expectacion of many longe before hys sermon, raysed, as maye probablely be thought. 128 PROSECUTION FOR PURITANISM. [1573 by some spcacli geven owt by hym concernyng thocs thynges wlierof he woulde intreate ; leaving also his sin- guler confidence used in the whole action and utteraunce of his sermon: even at that tyme when he was called before us, beside the obstinate defending of his errors, he spared not in presence to overthwart divers of the heades in very unseemKe maner, and with taunting wordes. Ne- vertheles bearyng with hys want of discrecion beyonde his desert, and seeking to allure hym by gentle perswasions, we thought good he should severallie be communyd with by three or fower of our companye. After which confer- ence, though they had litle prevailed with hym, yet that he should not thynke hymselfe to streigtlie dealte with, we graunted hym more then seven weekes space to consyder throughlie of his groundes, and after good advisement to yelde his aunswer upon the same ; geving hym further to understande, howe we coulde doo none otherwise then the statute required, yf he should persiste in his conceyved opinions. At the tyme apointed wee founde hym nothinge altered. Howbeit styll wishing his good conformitie, and meaning raither to reduce him charitablye, then sodeinlye to cut hym of, wee offered that yf he would but onlie pro- misse, upon better deliberacion, to revoke his assertions, he should be respected for the performaunce thereof tyll after Easter ; which for that before us all he utterlie refused to do, it was concluded, with one consente, that he shoulde incurre the payne of the statute ; that ys, to lose both his college and also thuniversitie. Now, yf this punishment had been enjoy ned hym onlie by our arbitrementes, and not by statute, yet his demerities being such, as we have declared, and he can not denie, he could not justlie have complained of overmuche severitie. But seing we have doon nothynge of anye private consyderacion in this cause, but our sentence hath been wholie directed by her majes- ties statutes, delivered unto us as a rule to guyde us, and 1573] EXPULSION OF MR. CHARKE. 129 wherewith to dispense is utterlie forbidden us, we muche muse what colour of defence he can seeme to pretende. And suerlje how necessarie it ys that we have suche sta- tutes, and namelie that one concerning preachers, the ma- lice of theas times dothe easelie shewe. For since Charke hath broched theis untimelie contentions, others have ven- tured to contynewe the same, wherby the mjiides of some are so incensed, that in manye colledges they studie and devise onhe how to moleste and disquiet their governours ; their drifte, as it ys well knowen, being nothynge els but to procure to themselves a licentious libertie ; wherein yf they may fynde favour through their importune sutes, our state is most miserable of all other. What poyson lyeth hyd in popularitie, can not be unknowen to your singular wisedome. Owr labors and travayles in suppressing the same must nedes be joyned with occasions of great envy, which we shall never be able to resiste, unles we be sup- ported by your lordships auctoritie, and others that are placed in the chiefest roumes, speciallie when the differ- ence consisteth in this, whether we shalbe borne with for executynge our lawes, or other by indulgencie incoraged whiche breake the same. And yet for Charke, we have further to reporte, that after the delyvery of your lordships lettres, being agayne demaunded whether he would yet promisse to retracte his former doctrine, he would in no wise yelde therunto, but made the like refusall as before ; adding, that he thought your lordships meanyng was not to have hym recante. Wherein as your lordship may well perceave his great presumption, so did he nothynge de- ceyve the cxpectacion of some of us, who have noted in h3nn the like hawtie stomake ever sythens wee first knewe hym. Thus having dissembled nothyng, but playnlie laied furth the case as it ys, wee are most humblie to crave your lordshipps favorable assistaunce for the reprcssinge of this and the like enormities, wherewith we are so greatlie en- K 130 PROSECUTION FOR PURITANISM. [1573 comberecl at this present, that of force we should faynt, vveare we nat susteyncd with the onlic hope of your lord- shipp his good acccptacion and countenauncyng of our dutifull travailles in that behalfe. Even so praying thal- niightie longe to preserve your honour, to our great comfort and the wealth of this state, we huniblie take our leave. From Cambridg, the scconde daye of Marche, 1572. Your lordshyps ever most humble at commaundement, Tho. Byng, vice-chauncellor. William Chaderton. Andreas Pernb, Henr. Harvy. Edward Hawford. Thomas Ithell. Roger Kelk. John Caius. John Mey. Nicholas Shepperd. Jhon Whitgyfte. 6° Decembris, an" 1572. Magistro Willelmo Charke, collegii divi Petri in Cantebr. socio, concionanti ad clerum in ecclesia beatae Mariao juxta forum, die Veneris, viz. 5° Decembris, et postridie ejus diei vocato coram magistro Thoma Bynge, legum doctore, vice-cancellario, assidentibus praepositis collegiorum, scilicet doctoribus Pearne, Hawford, Kelke, Whitgyfte, Chader- ton, Harvie, et Ithell, magistris Shepard, Goade, et Al- dryclie, objectum fuit quod has propositiones in concione sua asseruisset et prsedicasset, viz. : — 1. Isti status, episcopatus, archiepiscopatus, metropolita- natus, denique papatus, a Satana in ecclesiam introducti sunt. 2: Inter ministros ecclesiasticos non debet alius alio esse superior. Et dictus Willelmus Charke coram prsedictis vice-can- cellario et assidentibus palam et publico agnovit et con- fessus est se protulisse et praedicasse pracdictas proposi- tiones, viz. primam directe, et alteram implicite, praedictis die, loco, et concione. Et subsequenter facultas et licentia communicandi et confercndi super pracmissis cum doctori- 1573] EXPULSION OF MR. CHARKE. 131 bus in theologia facta est dicto Willelmo in diem Martis prox. Quo die causa dilata est in diem primum Quadrage- simae prox. Et dictus Charke solenniter promisit judicio sisti ad audiendum voluntatem domini vice-cancellarii dicto die, aut duobus diebus antecedentibus aut subsequentibus. 5" Febr. Quibus, etc. comparuit Willelmus Charke, et iterum interrogatus a domino procancellario de duabus illis pro- positionibus prius illi objectis et in concione sua babita in ecclesia beatae Marias juxta forum Cantebr. 5° Decembr. prox. elapso publice declaratis, respondit et fatebatur illas esse ab eo in eadem concione prolatas, priorem videlicet explicite, posteriorem vero implicite ; ita tamen intellex- isse posteriorem, ut existimet non debere esse aliquam superioritatem in ministris ecclesiasticis quoad jiu-isdic- tionem. Deinde a domino procancellario saepius requisi- tus, monitus, et jussus fuit, ut easdem propositiones revo- care vellet in eodum loco ubi eas docuit, proximo videlicet die Dominico, secundo, vel tertio ; quod ille penitus recusa- vit. Unde dominus procancellarius, cum assensu praefec- torum coUegiorum, viz. doctorum Pearne, Hawford, Kelke, Mey, Chaderton, Harvye, et Ithell, tunc praesentium, nec- non assensu doctoris Whitegyfte, magistrorum Sliepard, Goade, et Aldrich, tunc absentium, sed alias, viz. 29 Janu. proxime praeterito, committentium voces, sufiragia, et as- sensum sua domino vicc-cancellario ad finiendum juxta dis- cretionem suam et statuta academiac causam motam con- tra dominum Willelmum Charke, pronuntiavit dictum Wil- lelmum Charke incidisse in poenam statuti Universitatis praedictae in ea parte facti, et ideo excludendum a col- legio suo, et Universitate exulandum : et sic sententia sua ilium a collegio suo exclusum et Universitate expulsum declaravit. A qua sententia dictus Charke appollavit per verbum oppello tantum. Cui appcUationi non dcferendum 132 PROSECUTION FOn PURITANISM. [1573 dominus judiccavit, turn quia in confessum lata est scn- tentia, ncc ulla causa appellandi fuit pro Cliarke allegata, aut appcllationi conjuncta sive apposita, turn quia alias in consimili causa judicatuni est appcllationi non esse defe- rciulmn, quoties sententia feratur per dominum procancel- larium cum assensu conjudicum suorum, viz. majoris partis pra[^fectorum coUegiorum. Concordat cum originali. Ita testor, Mattheus Stokys, notarius publicus. MR. CHARKE TO LORD BURGHLEY. [From MS. Lansd. no. 16, art. 35.] To the right honorable the lord Burley. highe treasorour of England, and of hir majesties most honorable privie cowncell. Quid auctoritate literarum tuarum apud academise tuas praesides profecerim (honoratissime vir), hi, opinor, Uteris suis significarunt : ego autem plane non sine maxima stu- diorum meorum jactui'a persentisco. Nam, ne quid gra- vius dicam, qui in accusationibus levissimis debeam dicere, illi nova et inaudita auctoritatis suae interpretatione indic- tam, et sex ad minimum dies admissam appellationem meam, postea affirmabant omnino esse airpoahiovvdov: quia etsi a sententia procancellarii liceat, non liceat tamen a decreto pracfectorum appellare. Hac sententia et auc- toritate sua appellationis et jure et beneficio me privari putabant : idque non in mea tantum, sed et in aliorum de- inceps causa quasi legitimum sit, solenni suo ylrrj'enti;v, quod assidiio virtutis studio morumque probitati solct conccdi ; cum princeps id mandct fieri, quod picxclara ingenia, lionesta oflicia, probi mores solent de- mereri ; fit sane ut adolescentes nostri pulsis paulatim obediential repagulis, nee non excusso suavissimo nutricis omnium virtutum humilitatis jugo, desertoque plane supe- rioribus suis omni honesta ratione placendi studio laene- que merendi desiderio, non academicos quibuscum vivunt implorare, morumque suavitate promereri studeant, sed aulicos, quibus ignoti sunt, omni modo ambii'e cupiant, nee jam eorum quos rei summa penes esse solet suffragia sesti- ment, sed aulicorum Uteris plervnnque se muniant ; illeque tandem voti sui compotem se fore confidit, non qui in aca- demia benemeritum, sed qui ex aula man datum afferre possit. An quo sane magnum nobis negotium faciunt, ingentique cura onerant, valdeque discruciant, ne vel regineae majes- tati immorigeri (quod nullo certe modo esse debemus), vel privilegiis nostris, ab ipsamet maj estate nobis coneessis, plane infidi, aut si id nimis durum sit, parum profecto pro- vidi inveniamur. Ista tu nos cura atque anxietate, pro in- genti humanitate tua, liberes, prudentissime Burgbleiensis. Obtestamur te, et per tuam in nos fidem ac benevolentiam, et per nostram, quam tu maxime amas, salutem et dignita- tem, aufer nobis istam mandatorum frequentiam; quibus non tam j)romoveri homines importunos maximeque audaces, quam animos despondere planeque languescere ingenuos et verecundos, cum nonnullo certe dolore cernimus et lamen- tamur. Tu vero, si justa postulare videri possumus, huic nostro dolori finem imponas ; atque apud regiam majesta- tem, cum occasio erit, prudenter perficias, ut quam ipsa nobis libertatem benigne concessit, liberam nobis sartam- que tectam pro divina benignitate sua esse velit : rem sane efficies supra quam dici potest academiae utilem, et tibi- ipsi procul dubio non minus jucundam et honorificam. 1578] LETTER AGAINST MANDATES. 213 Dominus Deus, Pater luminum, omni te honore atque amj)litudine cumulatissimum reddet. Vale. Cantab. 11*' Kalend. April. 1578. Tuae semper dignitatis studiosissimi, Procancellarius et reliqui collegiorum praefecti. LORD BURGHLEY TO THE UNIVERSITY. [From MS. Harl. no. 7041, p. 152.] The copy of my lord Burghleys lettre against mandats. After my hartye commendations. Wher I have receved, by master D. Still, master of Trinity College, lettres to me from you, the vice-chancellor, and the rest being mas- ters of colleges within that Universitye ; by the vs^hich, and by the report of D. Still, I found writing from the queues majestic to certain colleges, upon private mens request, to place certain into roomes of fellowships and scholerships there, should be taking from your colleges the free elec- tions, which the same colleges have by good authoritye to choose and place mete persons in such romes ; a matter very hurtful] to the whole Universitye. Wherupon, as upon a private signification lately geven unto me by lettres of D. Rowland, master of St. Johns College, of the like at- tempt, by force of her majesties lettres, I did before impart, so now anew I did notifye unto her majestic the contents of these your publick lettres to me, adding also the parti- cular complaint, by lettres to her majesty from certain of the fellows of Trinity College ; and did «o expose to her majesty the offence committed by such as had so obtayned her sundry lettres, contrary to the common forme of re- commendation (a matter not to be misliked, except the same were too frequent), in that the words of her lettres. 214 LETTER AGAINST MANDATES. [1578 by the [parciality] of the sutors, contcyned, beside a com- mendation of the parties, a manner of a graunt of the roomes being not voyd, and a commandement to admit the parties so commended upon their own reports of their ha- biHtics. Wherat I found her majestye earnestlye offended with such ministers as had so written her lettres, out of all good ordre ; adding tliat she never mente, by her commen- dations or request, howsoever the words of her lettres might by abuse be inserted, any violation of the statutes and ordres for elections, or to have yow admit any persone to any roome that should not be thought mete by the order of the bowses to be chosen. And so she commanded me to reprehend such as had written such lettres, and to admonish her two principall secretaries to beware for passing any such lyke herafter; as I have done, fynding the parties that wrote the same sorry for their oversight. And her majesties prin- cipall secretaryes nothing allowing of the lettres passed, bearing reverence to that Universitye, as in the which both of them have bene brought up in good learning, so they both mean to have speciall regard that no such lyke matter hereafter shall pass, to the offence of the statutes of any of your bowses. All of which, at good length, I have informed master D. Still, to make report to yow ; and nevertheless, at his request, have thought yt not superfluous, by these my lettres, to signifye the same, for better satisfaction of yow. And yet this I cannot but advise yow, that because yt may be and ys not unreasonable, that upon some earnest meanes, to be made to her majestye by persons of some value with her majestye, she may at some tymes recom- mend some persons to be placed in some voyd roomes of the colleges ; that yf the persons may appere equall to others, and that by granting to her majesty es request the freedome of election be not taken away ; that in such cases, either the parties be satisfyed, or otherwise that by your lettres, to one or both of her majestyes principall secre- 1578] OF FREQUENCY OF PREACHING. 215 taries, some good signification be made of the causes why the request may not be fullfylled. And so fare yow well. From the court, the 7th of April, 1578. Your lovinge frend, W. BURGHLYE. GRACES OF THE SENATE. Mar. 23°, 1578. Pro concionibus frequentioribus in templo acad, sub poena 10s. QuoNiAM sacris concionibus apud populum habendis non satis videtur per statuta nostra prospectum esse ; placet vobis, ut deinceps singulis et dominicis et festis diebus (quibus ex statuto aliquo, aut recepta consuetudine, concio publica intra academiam non habetur) singuli cujusque collegii, tarn socii quara pensionarii, quicunque ministri aut diaconi fuerint, et tertium annum post magisterii gra- dum in artibus susceptum omnino compleverint, ad con- cionandum in academias templo tam ante quam post meri- diem pro ratione senioritatis, quam in academia obtinent, ordine suo teneantur: vestrumque hoc decretum super ea re pro legitimo statuto habeatur ; cujus exequendi initium fiat die dominico proximum diem dominicum immediate sequente, exordio ducto ab eo concionatore qui ca^teros senioritate antecedit; quem perpetuis deinde futuris tem- poribus reliqui suis vicibus subsequantur, sub pcena decern solidorum cuicunque ob neglectam vicem infligenda. Pro- viso tamen, ut quoties quisquam vel ad procanccUarii as- signationem, vel ob gradum suscipiendum concionabitur, idque deccm ante diebus, ci qui alioquin esset conciona- turus dcnunciari curabit, creptus cursus interrumpi queat, sed ita ut idem cursus eodem postea quo prius modo con- tinuetur atcjuc obscrvctur. '216 AGAINST EXCESS IN APPAREL. [1578 Jun. 18", 1578. Ne quis gratiam, quam petierit, rejiciat. Quiiiii sjrpeiuimero pctitiones, quas gratias nuncupa- mus, pro gradibus scholasticis ct aliis academiac beneficiis consequendis in senatu proponuntur, quas earundem can- didati postea non satis grato animo interpretantes, vel non agiioscunt vel omnino rejiciunt, unde apud vulgus acade- mia male audit, et non parva ignoniiniae hibe aspergitur; placet vobis, ut qui deinceps hujusmodi petitionem capiti senatus proponendam curaverit, aut subscripserit, sub vin- culo juramenti prius Universitati praistiti publico aerario viginti solidos persolvere teneatur ad manus dominorum procuratorum infra octo dies postquam constiterit candi- datum, aut nolle aut per temporis decursum non posse hujusmodi gratiis gaudere. Et hsec concessio pro statuto habeatur et observetur. DECREE AGAINST EXCESS IN APPAREL. [From MS. Lansd. no. 102, art. 92.] A decree for the restrent of the excesse in apparrell, bothe for the unreasonable costes and the unseemely fasshion of the same, used by schollers and students in the Universitie of Cambridge. Considering that the originall cause of the collection together of multitudes of men into such publike places as the Universitie of Cambridge is, and the endowing and donation of the same with great landes, liberties, and privi- leadges, from kinges, princes, and other estats, was only to bring upp and instructe in good learning, godlynes, vertue, and manners, all such as should come thether to continue as schollers and students, wherby the churche of God and the whole realme might have, as from a store howse, suffi- cient provision of mcete men in all degrees, that shuld be able, by Godes grace, with their learning and vertues to 1578] AGAINST EXCESS IN APPAREL. 217 serve in all the placees of publique governmentj as well in the church as in the civill estate, both in the degrees of the prelacie, nobilitie, and inferior estates ; and therefore all meanes are to be used, and so is it the dutie of the heades of the said Universitie, both to cherish and avaunce all meanes that may tend to increase and conserve godliness, good learning, vertue, and manners, and in lykwise to remove in sesonable tyme all impediments that are adverse to the same. For which cause it is found at this tyme very necessary, that some speedy remedy be provided for the restoring to the sayd Universitie the auncient mo- destie of the students, schollers, and all others that shall be accompted members of the same, as well in all ex- temall behavior as in knoledge and living, which of late yeares hath greatly ben decayed and deminished by the negligence, sufferance, and remisnes of the heades and go- vernors in the privat colledges, as may be conjectured, but spetially by suffering of sondry yonge men, being the children of gentlemen and men of welth, at their coming to the same Universitie, contrarie to the auncient and comely usage of the same, to use very costly and disguised manner of apparrell and other attires unseemely for stu- dents in eny kinde of humaine learning, but rather mete for riotuos, prodigall, and light persons ; thereby not only beyng more chardgable to their frends then is convenient, but by their evill ensample also induceng others of less habilhtie to chaunge and cast away their modestie and honest frugalitie, to the overcharging of their friends, and namely to the attempting of unlefull means to maintain them in their said wastful disorders, and consequently to neglect or intermit tlieir former studies ; so as if remedy bee not speedily provided, the University, which hatli been from the beginning a collection and society of a multitude of all sorts of ages, professing to learn godliness, modesty, vertue, and Icrniiig, and a necessary storehouse to the 218 AGAINST EXCESS IN APPAREL. [1578 realm of the same, slial become rather a storehouse or a staple of prodigal, wastful, ryotous, unlerned, and insuffi- cient persons to serve, or rather to unserve, the necessitie of the realme both in the church and civil pollicy. Wherefore it is ordered and decreed, by the right honorable William lord Bui'ghly, high chancellor of the said University, with the advise and consent of the vice- chancellor of the same, and all the masters and heads of colleges, houses, and halls, that from the feast of Michael- mas next coming, no person shal have any lodging, com- mons, or resiance in any college, house, or hal, or to bee taught by any v^'ithin the University, but that hee shal, within the compas of every college, hall, or house, and in the common schooles, and in his going and returning to the same, wear such seemely apparel, both for the stuf and fashion, as shal become a student and professor of learning. And for more manifest expression of the meaning hereof, by way of prohibiting the monstrous misuse lately crept into the Universitie, no student shall wear within the University any hoses of unseemly greatness or disguised fashion, nor yet any excessive ruffs in their shirts, nor shal wear swerds or rapers, but when they are to ride only; neither shal any person coming to study wear any apparel of velvet or silk, but such as by the lawes of the realm, according to their births, or as by certain orders published by proclamation in hir majesties time, are al- lowed, according to their several degrees of birth and wealth. And generally all the heads of houses shall cause all such as have any sustentation, stipend, or other main- tenance within their houses, to conform themselves, and to reform all their disordered apparel according to the local statutes of the house ; or otherwise, if time in some poynts have caused alteration, yet to use such as shal bee comely and aggreable to their vocations ; and that as nere as may bee the diversity of fashions in every degree be avoyded, 1578] AGAINST EXCESS IN APPAREL. 219 to reduce the number as nere as may be to one uniformity of comeliness and modesty, according to their degrees. And for the execution of this decree, the vice-chancel- lor and the heads of colleges shal confer together, and shal in writing, by common consent, prescribe some particular rules for the directing of al sorts, and for the prohibition from that time of all unseemely innovations in al kind of apparel or attyre. With regard to such as bee the sons of noblemen, or of other principal estates, or knights in the realm, which have no living of any colleges, that accord- ing to the degrees of their parents they may bee permitted to use the more cost in their apparel, so the same be not excessive, nor in fashion unseemly for students and profes- sors of learning. And if any shall, upon reasonable warn- ing, attempt to break such orders as shal bee prescribed, the same shalbee expelled the house wher he doth reside, and shal not bee suffered to enter into any other pubhc house of lerning, nor into the common schools, neither yet shal any withm that Universitie presume to teach or instruct him, whilest he shal continue his offence in any part within the said University. [Endorsed] 5 Sept. 1578.— Minutes of a decree made for the reformation of apparrell in the Universitie of Cambridg. DECREES OF THE HEADS. Oct. 12, 1578. Decretum fuit et est, quod si quisquam ex iis qui sunt in capite postea eligatur ad officium procancellarii, quod in locum illius nullus alius eligatur per novum scrutinium, sed senior in ilia facultate praesens in scholis ejus locum sup- plebit; ct si quisquam ex capite principio congregationis 220 VARIOUS GRACES. [1578 abfuerit, et alius juxta forinam statuti in ejus locum surro- gatus, et ipse surrogatus pro ipsa vice erit in capite, nisi postea is subintraverit qui electus fuit in numerum capitis pro illo anno. MS. entitled " Copies of Charters and Statutes," in Archiv. Acad. p. 279. Nov. 26", 1578. No office to exempt from any exercise. Definitum et decretum fuit die et anno praodictis per dominum Th. Bing, LL.D., almse Universitatis Cantabri- giensis procancellarium, cum consensu doctorum Hawford, Fulk, Howland, Harvey, Legg, Hatcher, Larking, et "Ward, et magistrorum Nicolls et Norgate, in prsesentia doctorum Chadderton et Barrow, quemlibet hujus aca- demiae scholarem, juxta senioritatem suam in Universitate, teneri ordine suo cum ad respondendum turn ad opponen- dum in theologia, jure, et medicina, nee non ad prjedican- dum; neque magistratum aliquem aut munus publicum (scil. procuratoris, taxatoris, aut scrutatoris) liberum aut immunem posse praestare aliquem a praedictis oneribus, aut liberare debere aut posse, juxta tenorem statuti in capite expressi. None but doctors hoods to be lined with silk. Item, it was in like manner decreed by Mr. Jo. Yonge, doctor of divinity, and vice-chancellor of the University of Cambridge, with the assent and consent of all the masters and presidents of all the colleges, in the common schools assembled, that no man, uidess he were a doctor, should wear any hood lined with silk upon his gown as doctors usually do, upon the forfeiture of 6s. 8d. toties quoties : and if any shall refuse to pay the same fine or mulct, then he to be inforced by Mr. vice-chancellors authority to shew why he should not be punished for wilful perjury. 1579] MATRICULATION AND RESIDENCE OF SCHOLARS. 221 ORDER OF THE COURT OF EXCHEQUER. [From MS. Arundel, no. 54, fol. 229 V.] That John Pooley, a privileged man, shall not be ympleaded in the exchequier, but before the chancellour of the Universitie. Forasmuch as it appeareth that John Pooley, of the towne of Cambridge, is one of the priviledged persons within the Universitie of Cambrige, it is therefore ordered, that hee shall not pleade to any informacion exhibited in this courte againste him for cardes, by the procurement of Mr. Bowes and Mr. Bedingfeld, but shalbe sewed before the vice- chancellour of the towne of Cambrige, if it shall seeme good to the said plaintiff. >J< Ex libro ordinationum scacearii de termino sancti Hilarii ; videlicet, Sabbatho septimo die Februarii anno vicesimo primo reginae Elizabethse ex parte reniembratoris reginge. INTERPRETATION OF A STATUTE. Feb. 15", 1578. For matriculation and residence of scholars. Whereas there hath and doth yearly arise some contro- versies and doubts, whether that divers persons that do proceed batchelors of arts have fully and wholly accom- plished the years and terms required by the statutes of the University to that degree; and thereupon great conten- tions have ensued among the colleges ; and some of such persons so proceeding have been charged with perjury, and such as have subscribed the said graces have been chal- lenged as subject to the penalties prescribed in the statutes of the University. For the taking away of such contro- versies and dubitations, and for avoiding of such dangers, it was and is tlic IT^^ of Feb. anno Domini 1578, et regina3 222 MATRICULATION AND RESIDENCE OF SCHOLARS. [1579 EHz. 2P, by the right worshipful Mr. Tho. Bing, doctor of the civil laws, and vice-chancellor of this University, with the assent and consent of his assistants, viz. Dr. Pern, Dr. Hawford, Dr. Chaderton, Dr. Fulk, Dr. Still, Dr. Legg, and Mr. Hound and Mr. Norgate, decreed and orderd, that from thenceforward all persons that should proceed in that degree shall be certified, tried, and judged by the registers and books of matriculations of the Uni- versity and of the colleges. And therefore it is by the authority aforesaid orderd and decreed, that every person hereafter coming to the University for study shall within six days next and immediately following his first coming to the town repair and come unto the register of the said University for the time being, or to his deputy in the absence of the said register, and cause his name to be enrolled ; yielding and paying to the said register for the same, if he be in fellows commons, 2d. ; if he be in the scholars commons, or a sizar or subsizar, a Ic?. only, and no more ; and then at the next matriculation, which shall be kept the first day of every month, if it be not holiday, and then the next working day following, shall be pre- sented to the vice-chancellor for the time being, and then and there take his oath and pay his ordinary ; out of which ordinaries the vice-chancellor and proctors are to be allowed their portions yearly, according to the wonted rate and no otherwise. And if any person neglect or refuse to come within the time afore limited to have his name inrolled, then such person, until he be inrolled, not to be reputed as a scholar ; neither his time or years to be accounted as available toward the taking of the degree aforesaid; and the tutor of any such person or scholar to forfeit and pay to the use of the University Gs. 8d., to be taken and levied by one of the proctors of the University for the time being. Item, whereas the statute concerning the aforesaid 1579] MATRICULATION AND RESIDENCE OF SCHOLARS. 223 degree require th quadriennium completum, it was and is by the same authority defined, orderd, interpreted, and decreed, the day and year abovesaid, that all and singular persons so enrolled as is aforesaid, before, at, or upon the day when the ordinary sermon ad clerum is or ought to be made in the beginning of Easter term, shall be reputed and accounted to have wholly and fully satisfied the sta- tute, if he shall proceed in the 4*^ Lent next following the said sermon ; but after that day of the said sermon ad clerum, if any shall come, then he shall not proceed in the 4*^ Lent following. Item, if any person or persons shall be inrolled as is aforesaid, and afterward depart to his or their friends, or be sent to some grammar school, or do not continue in the University, all and every such person or persons shall, during such absence and discontinuance, not be accepted as scholars of the University, nor such time from his or their enrolment accounted profitable to or for his or their degree ; and the trial hereof to be made and judged by the books of the commons of every college where any such persons shall be received. Item, if any person or persons so enrolled, or also ma- triculated, shall for a time remain in the University, and then depart or go into the country, and there continue by the space of one quarter of a year or more, such time of his absence from the University shall not be taken or reputed toward the accomplishment of the time required necessary to the said degree ; and this is to be tried by the common books, as is before said. And therefore the form of their graces shall be, as it was in the old time, Sup- plicat reverentiis vestris A. B. ad duodecim termini com- pleti, in quibus lectiones ordinarias audiverit per majorem partem cujuslibet termini, cum ojypositionihus, responsioni- bus, et aliis exercitiis per statuta requisitis, sujficiant ei ad respondendum qucestioni. And if it shall fortune any such 224 DISPUTE WITH THE TOWN. [1579 to be absent at any time from and out of the University more than half a terin during the whole time of his four years, either for the plague being in Cambridge, or for the sickness of himself or of other of his natural friends, or for any other necessity and lawful cause, then every such per- son so absent shall insert in his grace so exhibited unto the University the time and cause of his absence, and so commit the same to the goodliking and approvement of the University. Provided, that nothing in this decree contained touch- ing the time required in the taking the said degree be prejudicial unto any of those who may by the University statutes be dispensed withal in this behalf. DISPUTE WITH THE TOWN, RELATING TO THE ENCLOSURE OF JESUS COLLEGE GREEN. THE PRIVY COUNCIL TO THE TOWN. [From MS. Harl. no. 7037, p. 291.] To our loving friends the mair of Cambridge and his brethren. After our hearty commendations. We have some intel- ligence given unto us that you have an intention to enclose part of the common of the town, and have already begun with Jesus Green, not having thereunto a full consent of such as claim interest in the same, as is requisite. And therefore, for avoiding of such dissentions as may grow if it should be done without the common consent of such as have right thereunto, we think it meet, and so we require you, that you forbear to make any further enclosure thereof untill you shall have advertised us of the true state of the matter, and shall thereupon receive such direction as shall 1579] DISPUTE WITH THE TOWN. 225 be thought convenient. And so we bid you heartily fare- well. From Westminster, the 28th of April, 1579. Your loving friends, T. Bromeleye, cancell. F. Bedforde. W. BURGHLEY. J. HUNSDON. E. LiNCOLiy. Christo. Hatton. T. Sussex. F. Walsingham. LETTER FROM THE PRIVY COUNCIL. [From MS. Hari. no. 7037, p. 291.] To our very loving friends, the vice-chancellor and maior of the University and town of Cambridge, and to such others to whome it may appertaine. After our hearty commendations. We have received yours, the maiors, letters in answere of a former sent from us, touching the enclosing of the common called Jesus Green, and further at good length understood what Mr. Slegge, one of the aldermen of that town, could declare unto us touching that matter ; whereupon it is thought re- quisite that upon conference between you, the maior, and other of the town, you should forthwith cause the said inclosure to be plucked up wholy, or els make such open gapps and entries into the same, as both men and beasts may have such free entrance and use of the same as here- tofore they had. And whereas it hath been pretended on yours, the maiors and towns, behalf, that your intention was to enclose it only for this year, minding to employ the commodity that might arise thereby to the use of the poore of that toA\ni ; altliough we do not mislike of your good and charitable meaning to relieve such persons, yet we think it convenient, for the avoiding of such inconve- niences as may thereupon happen, that hereafter, before you proceed to any such matter, you would first confer Q 226 ' DISPUTE WITH THE TOWN. [1579 with the vice-chancellor, or other officers, etc. of the Uni- versity inteiested therein, and to procure that lawfull as- sent and allowance of your doings in the said enclosure before you attempt the like as now you did. And if upon such conference between you both, it shall be thought con- venient, and can be agreed on by common consent, that the place may be enclosed for a time for such uses as have been by you the maior pretended, and afterwards laid open, we refer it to your discretions to do therein as you shall see cause, so as it be without likelyhood of any inconve- nience or breach of peace either to any of the University or towai. And so thanking you, Mr. vice-chancellor, for the good care and pains which we understand you tooke to contain such as are under your charge in good order and quietness, which we also pray you to continue ; and trust- ing that this will suffice to end all matters between you, we bid you both heartily farewell. From Westminster, 17th of May, 1579. Your loving friends, T, Bromley, cane. Christopher Hatton. W. BURGHLEY. F. WaLSINGHAM. F. Bedford. Tho. Wilson. Rob. Leycester. R. Sadler. J. HouNSDEN. Walter Myldmaye. 1579] CASE OF REMIGIUS BOOTHE. 227 CASE OF REMIGIUS BOOTHE, EJECTED FROM HIS FELLOWSHIP IN GONV'ILLE AND CAIUS COLLEGE. APPELLATION TO THE VICE-CHANCELLOR. [From MS. Lansd. no. 28, art. 90.] 1579. Actus in curia coram D. Binge procancell. in causa Boothe. Causa Mri. Remigii Booth. — Primo Augusti coram procancellarioD. Binge, et assistentibus suis D. Hawford, D. Harvey, D. Hatcher, et magistro Norgat. QuiBvs, etc. comparuit Remigius Booth, de collegio Gonvile et Caii, in artibus magister, et petiit a domino vice-cancel' lario ut sequitur, videlicet : That wheras the right honorable Sir Christopher Hatton did by liis honors letters requier Mr. vice-chamicelour, with some assistantes, to heare more at large the matter in controversye concerning the sayd Mr. Booth, lately e debated and herd by the worshipful the master and felows of Gun\ill and Caius CoUedg above sayd, that now it would please Mr. vice-chancelour, notwithstand- ing that letter, to surcease and forbeare to hear any more of the sayd matter, lest he the sayd Booth shold incurre and runne into the danger of perjury, if the sayd matter shold be herd before any other judge or person whatsoever than only the visitours appoynted by statute of the sayd Gunvill and Caius Coledg, wherunto he the sayd Booth was sworne, as the sayd, etc. 17 Augusti, coram praedicto procancellario et D, Hawford, Harvey, et Hatcher. The sayd Booth complayned unto the sayd vice-chan- celour, alleaging that the master and felows of Gunvill and Caius Colledge had put him the sayd Booth out of com- mons within the sayd colledge, without any his desert or any just or lawfull cause ; and thcrfore desired his worship 228 CASE OF REMIGIUS BOOTH E. [1579 to cause the sayd master and felows to receyve and admitte him agayne to liis sayd commons. Whcruppon Mr. vice- chancelour, with the foresayd assistantes, called before him the sayd master and two of the felows of the sayd colledge, and layd before them the grefe and petition of the sayd Bootlie ; unto the which the sayd master and felows re- plied, that by order and vertu of their statute they had put the sayd Booth out of commons, and by the sayd sta- tute, without danger of perjurye, they could not receyve him into commons agayne ; and if he thought himselfe by their proceedinges injuried, he folowing the course of the sayd statutes, unto the which he was sworne, might appeale unto the visitors of the sayd colledge ; with the which thing they wold not be displeased, but wold gladlye geve him licence so to do. Concordat cum original!. Ita testor, Joannes Bacster, notarius publicus. DEPOSITIONS RELATING TO THE CHARGES AGAINST REMIGIUS BOOTHE. [From MS. Lansd. no. 28, art. 91.] Depositions against Mr. Booth, taken within the coUedg uppon the statute de reis injamice. 16 July, 1579. The answeres of suche as were examined concerninge suche thinges wherwith Mr. Boothe was charged. Richard Dale, labourer, dwellinge in the parishe of St. Peter, in Cambridge, and before of St. Clements parishe, in the which two parishes he hathe dwelt 34 yeares or therabout, beinge SO'^ yeares old or therabout, etc. be- inge examined before Dr. Legge, Mr. Swale, Mr. Churche, Mr. Tracie, aunswerethe as foUowethe. 1. First, beinge asked whether he was with Jhon Haspe, pike- monger, when the said Jhon Haspe found Mr. Boothe, of Gunvill and Caius Colledge, in a chamber in his owne house with his wife, and what he knew touchinge the same, he aunswered, that on Hon- 1579] DEPOSITIONS OF WITNESSES, ETC. 229 day last, being the 13 of July, 1579, betwixt one and three of the clock in the afternoone, that the forsayd Jhon Haspe understand- inge that a scholler was in a chamber in his house with his wife (for he sayd that Jhon Haspe watched Mr. Booths in a lodge not farr from his howse), he the said Jhon Haspe ran thether with a dagger drawen ; wheruppon this deponent followed, and cominge to the chamber dore he saw the said Jhon Haspe seekinge by force to open the dore with his dagger, which was then shutt, and so betwixt the dore and the poste brooke his dagger, beinge a good prety while before the dore could be opened. 2. Item, when the dore was opened, he this deponent saythe that the wife of the forenamed Jhon Haspe, seinge her husband breake in at the dore, would with bothe her handes have put downe agayne hir sayd husband by force, he this deponent beinge then behinde, and helpinge to stay him. 3. Item, that when Jhon Haspe found Mr. Boothe and his wife togither above in the chamber, he in great anger charged his wife that she had played the whore at divers times with Mr. Boothe ; and that one night (which he the said Jhon Haspe then named) Mr. Boothe layd with her all night, and that at three of the clocke in the morninge followinge she let him forthe ; and that notwith- standinge the said Mr. Boothe came agayne at vij. of the clocke the same day before dinner or therabout, and, after a cleane payre of sheetes were layed on the bedd, they lay together that day follow- inge also. 4. Item, that the said Jhon Haspe when he found his wife alone with Mr. Boothe in the chamber as is aforesayd, the said Jhon Haspe cryed for helpe of the neighboures to see what was done. 5. Item, this deponent further saythe that he saw the two beddes in the chamber ruffled, the which (as he saythe) had bene newly made a litle before ; for he sayd he asked the mayd therof, who affirmed the same. 6. Item, that Jhon Haspe aforsayd, then and there in the cham- ber aforsayd, used thes wordes followinge to his wife so founde, or the like in effect, sliewinge her the bedd beinge ruffled as is afore- sayd, viz. Looke, thou beast, here is especialtie enough for the tryall, yf ther w'ere no more but this. And that this deponent hard him say thes wordes, or the like in effect ; the which wordes also he hard the sayd Jhon Haspe report to otheres that came after, and as he remembrethe to the procter. 230 CASE OF REMIGIUS BOOTHE. [1579 7. Item, he saythe he sawe Mr. Boothe liis poynt before loosed ; but further he can not say herein. 8. Item, that Mr. Bothe in the hearinge of this deponent, be- inge taken in the chamber alone with Jhon Haspe his wife as is aforesayd, desyred the sayd Jhon Haspe to be good to him, for that he was a gentleman. 9. Item, that the sayd Jhon Haspe or his wife do not keepe any vittelinge house, neyther is ther any drinke sold in the howse. 10. Item, that ther was noe pott to drinke in in the chamber, that he saw, neyther was ther in the chamber any table to drinke at, and that the chamber is so litle that no suche table to drinke at can stand ther conveniently. The deposicions of Samuell Cooke, servaunt to Mr. Gaunt, and before to Mr. Frenche, fishemonger, etc. beinge of the age of 24 yeares (as he saythe) or therabout. 1. First, he beinge examined as before, aunswered, that on Monday, beinge the xiij"* of July, 1579, betwixt ij. or thre of the clocke in the afternoone, Jhon Haspe cryed out for helpe out of his chamber to Mris. Gaunte, then sittinge at her dore, except she would see him killed, wheruppon she sent this deponent thether. 2. Item, this deponent saythe, that when he came into the howse, goinge towardes the chamber he found Jhon Dale keepinge the chamber dore least Mr. Boothe should breake away. 3. Item, that then and there Haspe toulde him that Mr. Boothe had mysused his mfe, and that one night the said Mr. Boothe had layd with his wife, and that his wife rose at three of the clock the same morninge in her smock to let him out ; and yet he would not be content, but came againe the day foUowinge at vij . of the clock before noone, and lay with her agayne in bedd. 4. Item, he saw Mr. Boothes hand hurt. 5. Item, he heard Haspe say then and ther to Mr. Baker and otheres, that he had broken his dagger with openinge the chamber dore. 6. Item, that Haspe also then and there sayd in the hearinge of this deponent, that on Monday before named, in the morninge, he the sayd Haspe standinge at the stayres foote leadinge to the cham- ber where his wife then laye in bedd, heard his wyfe say to her mayd (who lay also in the same chamber), that she wished Mr. Boothe ther in bedd with her, for he (sayd she) would kisse me and culd me. 1579] DEPOSITIONS OF WITNESSES, ETC. 231 7. Item, that then and there he further heard the said Haspy say, that Mr. Boothe came on Monday morninge before sayd, about iiij. of the clocke, into his the sayd Haspies howse, and throwinge his gowne in the hall went into the chamber, thinkinge to finde his wife there ; whom when he founde not, he called the mayde and asked hir for her dame ; and when the mayde had sayd that her dame was abroad, then (quoth he to the mayde) come yow pre- sently, for I can not tarry. 8. Item, he hard Haspe say also, that he might have had his gowne then lyinge in the hall, but he looked for better pray. 9. Item, he saythe that he saw Mr. Boothe on Monday morninge before named, about iiij. of the clock, go into Haspe his howse. 10. Item, he beleevethe that Haspy, the said Monday morninge before named, lay so in a lodge nyghe his howse, that he might see when Mr. Boothe came to his howse. The aunswere of Annis Sawnder, servante to Jhon Haspe, 11 of July, 1579. 1. Imprimis, beinge examined as before, aunswered, that on Mon- day, beinge the 13 of July, 1579, in the morninge, about v. or vj. of the clock, Mr. Boothe came into the howse, and after he had cast of his gowne in the hall, he went up into the chamber, and asked this deponent whether hir dame was within ; to whom after this deponent answered that hir dame was not within, Mr. Boothe sayd thes wordes, or the like, Then come yow, for I must have one of yow, for I have busynes, I can not tarry. 2. Item, she saythe that on Mondaj"^ in the morninge before sayd, she lyinge in the same chamber with her dame, rose upp be- fore 3 of the clock in the morninge, at what time hir dame sayd unto hir, I would Mr. Boothe were here. 3. Item, she saythe that ther howse is no vittelinge howse ; ney- ther do they sell any drinke, neyther do any scholleres use to drinke there; but somtime sittinge at the dore without on the stall they will call for a pott of single beere ; neyther have any used to drinke in the chamber at any time. 4. Item, beinge further demaunded what she had seene betwixt her dame and Mr. Boothe, she refused then to tell, sayinge. Why should ye seeke to know any thinge of hir ? (sithens she perceaved that we knewe yt before), and that she should not be well thought of to reveale any thinge of hir dame ; and at that time would answer no further. 232 CASE OF REMIGIUS BOOTHE. [1579 21 Julii, 1579. Coram vcnerabili viro Thoma Legge, legum doctore, procan- ccllarii rite et legitime deputato. The aunswer of the fornamed Annis Sawnder, servant to Jhon Haspe, pike- monger, of the towne of Cambridge, with whom she hathe served a quar- ter of a yeare and as muche as sithens midsomer, servinge before that Mr. Goodwin ij. yeares savinge a quarter, borne at Sawson, in Cambridge- shire, of the age of ninetene yeai-es, or therabout, beinge sworne, etc, 1. Lnprimis, slie deposethe that on Monday last, in the morn- inge, beinge the 13 of July, she lyinge in the same chamber where her dame lay, she heard hir dame say thes wordes, or like in effect, I wold Mr. Boothe were here, for he would kisse and kulle me. 2. Item, that uppon Monday aforsayd, in the morninge, about V. or vj. of the clock, Mr. Boothe came into hir master his hall and cast of his gowne, and after came into the chamber ; and this depo- nent beinge there, he asked hir where her dame was ; she aunswered that hir dame was abroad ; and then he aunswered her agayne with thes wordes, Then come yow, for I must have one of yow, I have busynes, I can not tarry. 3. Item, that she hathe divers and sondry times heard Mr. Boothe use very unseemely and grosse wordes to her dame ; and that she hathe found him dressinge himselfe, as buttening of his dobletes and puttinge on his girdle, and that she beleevethe that Mr. Boothe hathe had carnall copulation with her dame. 4. Item, that uppon a Weddensday, about a monethe or more since, Mr. Boothe came late into her masters howse when her mas- ter was absent, and desyred to lye there all nyght ; then this depo- nent, with two children, was gladd to lye with her dame, and to lay cleane sheets uppon her owne bedd for Mr. Boothe to lye in, where he lay all night ; and in the morninge, about three of the clock, she sawe her dame arise out of bedd, and open the dore, and let Mr. Boothe owt ; whether her dame lay with Mr. Boothe that night or no she can not tell, but she thinkethe she did. And further this deponent saythe, that in the same morninge, about vij. of the clock, Mr. Boothe returned to her master his howse againe, and ther findinge her dame in bedd, he putt of his gowne and breches and went to bedd to her dame ; and so this deponent see them in bedd together, and spake unto them as reprehendiuge them. 5. Item, that as she came to be examined, she mett with Mr. Boothe in the way, who requested this deponent not to accuse him, 1579] DEPOSITIONS OF WITNESSES, ETC. 233 but to know who were his accuseres. And that uppon Sonday last, Mr. Boothe sent a tapster unto her (as the tapster sayd), who re- quested her in Mr. Boothes name, that if she must needes sweare that he lay one night with her dame, she would say that Mr. Boothe lay there some nyglit in Lent ; at which time this deponent aunswered, that she would not so say, for that she was not then servant to Jhon Haspe, but hadd bene sicke at that time. Arthur Kempe, gentleman, 19 yeares old or thereabout, student in Gonvill and Caius Colledge in Cambridge. Beinge demaunded what talke Mr. Boothe and he had togi- ther, aunswered, that immediatly after the commencement last, Mr. Boothe came to this deponent in the morninge betwixt v. and vj. of the clock, he then beinge in bedd, ij. morninges, and sayd to him this deponent, that he knew wher was a prety wenche ; and when this deponent asked what she was, he aunswered, she was a fisheres wife, but he wold not tell where she dwelt, nor what hir name was, but sayd she was fayrer then Mrs. Frenche tenne tymes : and when this deponent sayd he durst not goe about such matteres, Mr. Boothe aunswered that he knew by his face that he loved a woman, and therfore he himselfe would beginne, yf this deponent would follow. Andrew Noble, student in Gonvill and Caius Colledge, in Cambridge, beinge xix. yeares old or therabout, beinge examined, etc. aunswerethe as fol- lowethe, viz. That he this deponent, a day or two immediatly after it was reported that Mr. Boothe was founde with Jhon Haspe his wife in a chamber alone, was requested by the said Mr. Boothe to be a wit- nes of V. obligacions made betwixt the said Mr. Boothe and Harvy, draper, of the towne of Cambridge ; the day and time he dothe not remember, savinge that it was after supper, and in the garden of the said Harvy within the said Harvyes howse; and that in three of the sayd obligacions then and there sealed and delivered, Mr. Boothe was bound to Harvie aforsayd to paye him the said Harvie the summe of twenty markes at three sondry times; and that the said Haspe then and there likewise did binde himselfe in one other obli- gacion in twenty powndes, that he the sayd Jhon Haspe should not bringe any evidence against the forenamed Mr. Boothe, or beare any witnesse, or doe any acte or actes for the better profe of any crime lately objected or surmysed against Mr. Boothe, committed with the wife of the forsayd Jhon Haspy. And furtiier this deponent 234 CASE OF REMIGIUS BOOTHE. [1579 saytlie, tliat tlie sayd Mr. Boothe was bownd lykewyse then and there iu one other obligacion to tlie sayd Ilaspe aforsayd, in a bonde of xx", that the sayd Mr. Boothe should save the said Jhon Haspe harmelesse against the vice-chauncellor, or other officer of the Univer- sity, as concerninge the premisses. And this deponent saythe, that he redd over the obligacions, and was present at the sealinge and the delivery of them and every of them ; and that the said Jhon Haspie and Harvy before named, and Barbor, scryvener, of the towne of Cambridge (who, as he thinkes, wrought the obligacions), were also present there. And he beleevethe further, that the said Harvy was after bound over to the said Jhon Haspe for the payment of the forsayd twenty markes specified in the former obligacion betwixt the said Mr. Bothe and Harvy aforsaid to the said Jhon Haspe ; for that he this deponent heard then and there bothe Jhon Haspe and Harvy speake to the said Barbor to write the obligacion betwixt them to that effect, against two of the clock the next day in the after noone. Ales Wattle, servant to William Button of Cambridge, in keeper, confessed the 16 of July, 1579, That Mr. Boothe, of Gonvill and Caius Colledge, foUowings her into the seller (the day she dothe not remember), did then and there oifer unto her this deponent xx"" (wherof she saythe she saw then in his hand one peece of gold), that he the said Mr. Boothe might have to do with her, sayinge unto her farther, he would also be her dayly frend ; the which mony she this deponent then refused (as she saythe), and presently made complaynt hereof to her dame. The which her dame also acknowledged to be true, the 7 of July aforesayd ; and did at the time of the complaynt reprehend Mr. Boothe for the same (as she then sayde). This confession of Ales Wattie before named, and of hir dame, was made before Mr. Hawes and Mr. Browninge, fellowes of Gonvill and Caius Colledge, and William Button and his man, in the howse of the said William Button. Item, that the goodwife Edwardes, dwellinge in Briggestreate, confessed on Thursday, beinge the 3 day of September, in the pre- sence of Mr. Browninge, Mr. Hawes, good man Perce, and his wife, that she had receyved of Haspyes wife xij''- on condicion that she should take an othe for hir honestie in the coorte ; which she sayd also that in consideracion therof she did ; and yeat seminge to 1579] DEPOSITIONS OF WITNESSES, ETC. 235 be sory for the same, sayd in excuse of her selfe, that when she did sweare, she toke her for an honest woman, althoughe since she hath heard otherwise of her. Item, that the goodwife Ward, dwellinge in the same streete, confessed at the same time in the presence of the fowre persons before named, that she did receyve from Haspyes wife xij"*' on con- dicion that she should for the same take an othe for the said Haspies wifes honestie in the coort ; which she at the time appointed, beinge better advised, refused to do ; for which cause, as she saythe, since that time Haspies wife would have had her xij""- agayne, but that she wold not departe therwith. Item, that goodwife Horner, in the forsayd streate, confessed on Friday, beinge the 4th of September, in the presence of Mr. Bland and his wife, Mr. Browninge, and Mr. Hawes, that she had re- ceyved of Haspies wife, on condicion that she should take an othe in the coort for hir honesty, xij''-, and that she so did. The like at the same time confessed the goodwife Foxe and the goodwife Saunderes, in the presence of Mr. Bruninge and Mr. Hawes. Also the goodwife Shapheard the same day confessed the same in the presence of Mr. Browninge, Mr. Hawes, and goodman Perces wife. Last of all the goodwife Roggeres confessed the same day, in the presence of Mr. Browninge, Mr. Hawes, and Perces wife, that she receyved of Haspyes wife xij"** to the end aforesayd ; but that att the time appointed she refused to goe and sweare with her. The goodwife Saunderes confessed that she had but xij"*- ; but that she should have had more, yf Hapsies wife had had yt. De reis infamise. Statuto 51. De visitatore et appellatore quomodo precedent, et qui sunt visitatores. Statuto 44. De non appellando. Statuto 49. 210 Julii, 1579, consensu et assensu omnium sociorum prsesen- tium, determinatum fuit, Magistrum Booth, socium ejusdem col- legii, reum esse infamise, ob crimen adulterii, eumque statuto de reis infamise contineri juxta quasdam probationes inde factas. Huic decreto supradicto, sive determinationi, accessit etiam as- sensus custodis, ut patet ex depositionibus. 236 CASE OF REMIGIUS BOOTHE. [1579 DEPOSITIONS RELATING TO THE EXCOMMONING OF BOOTHE. [From MS. Lansd. no. 28, arts 92 and 93.] Depositiones testium coram D. Bing, procancellario, super libello Booth et positionibus additionalibus. 7 Octobr. 1579. Stephanus Perse, in artibus magister, socius, et unus syndi- corum coUegii Gunvill et Caii, in Cantebrigia, setatisSO annorum, juratus, respondet in causa contra Remigium Boothe, in artibus magistrum, mota, ut sequitur ad libellum. 1 . Ad primurn articulum affirmative. 2. Ad primam partem 2. affirmative ; ad secundavi partem, viz. prout in prasenti, etc. respondet, tlaat he, the said Booth, doth re- mayne in the said colledge as felowe; and lie beleaveth and is per- swaded that he owth not to be felowe. 3. He beleaveth it was about the time limited in tharticle ; at what tyme, upon sufficient informacion (as it was thought), bothe for the statutes of the howse and their consciences, thei passed a generall consent agaynst the said Booth, that he was conteyned in the statute de reis infamies, bothe of the master and felowes, without anye importunitie, and it seemed every one being as willing as other: which consent was wrytten, and called a decree (but this respondent thynketh it be none). And that this consent was not pretensed, or without good grounde, he, the said Booth, seemed to acknowledg ; for when he was called to heare the same, he requested of our master and felowes to staye in the colledg but one forthnight : and whether this consent were according to lawe, or not, it was not respected (as this respondent dotlie suppose), bycause this seemed to be the judge- ment of all the companye, that they were to jirocede according to our statutes and conscience, not according to lawe, 4. He was owt of commons and sising for the space of a month or more, upon the former consent, as he beleveth ; but this respondent hath hard it said, that the master did request the said Booth to kepe his chamber for a tyme. He was not forbid his commons by any of the felowes, as far as this respondent beleveth ; saving, as he bele- veth, Mr. Tracy, steward, in the masters name, did forbid to provide commons for Booth, etc. And he never did knowe of anye of the fellowes that by violence did forbyd the said Boothe from the hall, or his commons in the same ; but he saith, that on a time the master and president going owt of the towne, Mr. Boothe, being before out of commons and sysing, then began to sise ; and then the stesvard. 1579] DEPOSITIONS OF WITNESSES, ETC. 237 not knowing (as he saith), and as this respondent believeth, that he had any leave so to do, wylled the butler not to gyve hym any thynge ; and yet the said steward saith he had and did sise tyll iar- ther worde was hard from the master. And further saith, that one tyme Boothe coming to commons in thall, some of the fellowes did rise from the table, and so goe away ; but whether he had leave of the master or president or no, he can not tell: and he beleveth tiiat one went out of the chappell when Booth came in. 5. He beleaveth that he did desier to appeale unto the visitours ; but at the first the said felov.es did not assent unto the same, yet afterward they did assent that he should have his appeale ; and also dothe beleave that the said Booth did appeale to the visitours named in the libell. At ad reliquum articuli affirmative. 6. Respondet, that he doth not remembre or beleve, that after that Booth had been with the visitours, he did request any other fynall determinacion but this, that they should revoke the said former decree ; which was denied unto the said Boothe. 7. He never hard the allegacion that it was casus 07mssus, as farr as he remembreth, neyther the allegacion that Mr. vice-chancellour was the ordinarye judge in this case ; but ons in the chapell he harde Booth make twoe requestes, thone that the companye would reverse their former sentence, or els gyve hym leave to apj^eale to Mr. vice- chancellour ; which was denied. 8. He beleaveth, that towching the deciding of this matter, neyther the master, neyther the felowes, be under the jurisdiction of Mr. vice-chancellour. 9. Rejert se ad prius responsa, et sic credit, et non aliter. Thomas Hawes, in artibus magister, socius et unus syndicorum dicti collegii, setatis 27 annorum, juratus, respondet. 1. Affirmative. 2. Ad primam partem affirmative ; ad secundavi, viz. in prce- senti, etc. he beleaveth that now he is not felowe, nor woorthie to be accompted a fellowe of the said colledg. 3. He beleaveth, that they being congregat together, about the time limited, had such informacion, that they might well satisfie their conscience, and so make a good and lawfull decree ; and to that all did assent, and agree that he was conteyned in the statute de reis inf amice ; and no violence or importunitie was used, onlie the presi- dent, when all had gy ven their assent, said unto the master, Nowe it remayneth that yow should declare what yow thincke, forwithowt 238 CASE OF RKMIGIUS ROOTIIE. [1579 yow we can do nothing : wheruppon the master said, I thincke as you thincke ; and so gave his consent. 4. He was out of commons, but with the masters and felowes decree and appointment, and not by the felowes alone ; and he doth not knowe or beleve that any of the fellowes, eyther by violence or unlawfullie, did hold backe the said Booth from his commons in thall. And he saith, that Boothe comyng to the table in thall, certayne of the felowes departed ; but whether Booth had leave of the master or president, or whether thei knew of it, he can not tell ; and he beleveth he had not. And what was done in the chapell he knoweth not. 5. Respondet, that Booth did require of the master and felowes their consent to appeale to the visitours, which at the first they stayed, but afterward did gyve their consent ; and so Booth made his complaynte to the visitours, who refused to heare the same untyll he were pronounced by the master. 6. Bespondet, that the president, in the chapell, did signifie unto the fellowes, that Mr. Booth did desier theim to call backe their voices towching the decree made against hym ; which they denied to doe : and, upon furtlier information, he beleveth that Booth did requier jus etjustitiam et causam suain terminari Jinaliter, as it is in the article. 7. What wordes were spoken of casus omissus, or the like, he dothe not remembre ; but he saith that Booth did desier leave to complayne to Mr. vice-chauncellour, but they refused the same, by cause by statute they thynke they maye not grant such request ; but Booth afterward appealed to Mr. vice-chancelour. 8. He beleaveth that neyther the master nor felowes be subjecte to the jurisdiction of Mr. vice-chancellour in such thing as concerne their colledg, or matters of the same, where and when they maye ende the same ; for they have a statute to the contrarie, viz. that none of their controversies shalbe ended by the civill lawe, but within their colledg onlye. 9. Refert se adprius responsa, et deposita, et non credit. 13 Octobr. 1579. Depositio Johannis Fingley, coUegii Gonvill et Call, butler, setatis 25 annorum, jurati in dicta causa. 7. Deponit, that Mr. Tracy comyng into the buttery, where he found Mr. Boothe and thys deponent, did charge this deponent that he could not suffer Mr. Boothe to syse, and so, in the hearinge of this deponent, dyd forbyd Boothe to syse ; and yet this deponent 1579] DEPOSITIONS OF WITNESSES, ETC. 239 said unto Mr. Tracy, that the president had geven unto hira com- maundement that he should suffer the same Boothe to syse as a fel- low : but this deponent neyther hard Mr. Tracy to forbid Mr. Boothe to come into the hall to comons, eyther in the hall, eyther in tlie but- tery. And further saithe, that the fellowes mentioned in tharticle, beinge at the table, did send for this deponent, and asked of him why he did suffer Mr. Boothe to syse ; and he aunswered, that Mr. presi- dent did geve him commaundement to let him syse : and also saythe, that Mr. Tracy did set on this deponentes heade that that Mr. Boothe had sysed. How longe Boothe was out of comons, neither when he came into comons, he can not tell. Neyther the master, neyther the president, did commaunde to this deponent that Boothe should come to the commons, but the president did only will this deponent to suffer Mr. Booth to syse as a fellowe, and this deponent was not charged uppon the losse of his office ; but Mr. Tracy and Mr. Paman straightely charged hym that he should not geve unto Boothe eyther breade or drinke, or a cuppe, or suffer him to come into the buttery. 9. He did never heare any of thos mentioned in tharticle to say to any that Mr. Boothe was no fellow ; he did not see any ryse and go away from the table ; but he hathe heard say, that Mr. Tracy, Paman, Erowninge, and Mr. Hawes, did rise and went from the table, when Mr. Boothe came in and did sit downe ; and this depo- nent ons did see Mr, Paman come out of the chappell ; but for what cause he did come forthe, he can not tell. Jhon Fingley. Willielmus Sorell, collegii praedicti cater, setatis 30 annorum, juratus in dicta causa, deponit. 7. Nescit deponere ad aliquam partem artieuli, but that, on a tyme, Mr. Boothe came into this deponent spence or howse, and ther had and tooke certayne meate 5 and after dynner Mr. Tracy came unto this deponent, and asked him why he had or did delyver unto Mr. Boothe any meate ; and this deponent said, that the butler had told him, that the president would that he should syse vj''* a weeke in this deponentes office ; and then Mr. Tracy did will him to deliver unto Mr, Boothe no more. 0. Nescit deponere. William Sorrell. 240 CASE OF REMIGIUS BOOTHE. [1579 Depositio magistri Ricardi Swale, in artibus magistri, setatis 34 annorum, jurati in ])rjEdicta causa ad articulos libelli. 1. Affirmative. 2. Ad priviam partem affirmative ; and, secundam, he belevetlie it is true. 3. About the time limited in the article, uppon a certayne rumor spread abroad, the master and some of the fellowes thought it good to enquire further of the said rumor, for ther owne informacion, and to lerne the truthe ; and after suche informacion as they at that time had, and divers of the fellowes at divers times beinge importunate with the master to proceede, at the lengthe the master and fellowes meetinge together, ujjpon the said former informacion, did decree that Mr. Boothe was reus infamicB, and conteyned in the statute de reis infamies ; but whether it was uppon just and sufficient proofe in lawe, he can not depose. 4. Deponit, that the said Boothe was not at the time pretended by the master, president, or any other lawfuU decree debarred, or excluded from his commons ; but only the master, perceavinge the fellowes uppon the late rumor to disdayne his company, requested the said Boothe to abstayne from the hall for a time, not meaninge but that he should have his commons in his chambre in the meane season. Whyther any one of the fellowes at any time did forbid Boothe to come into the hall to his commons, he can not depose ; but he belevethe that ons, in this deponentes absence, after that he had commaunded the butler, by the masters consent, to deliver bread and drinck to Boothe, when he shold send for yt, that one of the fellowes, with the consent of the rest, or some of them, did commaund the butler that Mr. Boothe should have neither bread nor drinck : and he hathe beene credibly informed, and dothe beleeve, that when Boothe came to the table, that divers of the fellowes did rise and went from the table, and divers tymes afterward for that cause ab- stayned from the table ; and he hathe heard, that one of the fellowes departed at one time from the chappell when Boothe came in. 5. 6, 7. Affirmative. 8. Non vult deponere, quia est qucpstio juris. 9. Refert se ad responsa sua prius in hac causa facta. Idem ad additionales. 1. Credit esse vera, savinge that he doubtethe whither thei did animojurandi or no. Joannes Baxster. 1579] DEPOSITIONS OF WITNESSES, ETC. 241 2. Affirmative, savinge that he clothe not remember that Sir Davyll was examined, one of the witnesses mentioned in tharticle • and that Buttons mayd was not examined before the said master and fellowes, but by two of them only, at her masters howse ; and that the greater parte of the fellowes were not present at the forsaid ex- aminacion, but fower of them. 3. Affirmative, saving that he dothe not knowe what Mr. Boothes meaninge was in ofFeryng to come into the chamber when Haspies mayd was in examinacion ; neyther dothe he remember what wordes Mr. Tracy or Peerse used when they willed Boothe to depart. 4. Nescit deponere. 5. There was no other thretning against the mayde, but only uppon her obstinate refusall to take her othe, beinge lawfully com- aunded : what the mayde hathe sence confessed touchinge feare and threatninge wordes, or whether she hathe acknowledged any or no, he dothe not know. 6. Affirmative, savinge that he can not depose whether the decree was sufficient in law or no. And further, that he beleevethe that the master himselfe did commaund Mr. Boothe to stay and heare what should be decreed against him. 7. He belevethe that yf Mr. Tracy did commaund Mr. Boothe, in the masters name, to absteyne from the commons in the halle, that he did more then was committed unto him by the said master, whoes meaninge was only, that Mr. Boothe, in his name, shold be requested to abstayne for a time from thalle. Ccetera credit esse vera. 8. Credit esse vera, savinge for the cause of her presentacion by the churchwardens he dothe not know. 9. Credit esse vera; and he deposethe, that divers of the fellowes twyse did desyre the master to pronounce sentence against Boothe, and that the master at thoes times refused so to do; notwithstand- ,inge he did not resolutely refuse the same, but only uppon occasion did thinke good to take further delilieracion : and saythe that he, this deponent, beinge once required, as ])rosident, in the absence of the master, to pronounce thesayd decree, refused so to do, and especially ons in the courte. 10. Refert se ad prcedeposita et acta, Rh'Hard Svvalk. 2i2 CASE OF REMIGTUS ROOTIIE. [ir)79 Depositio magistri Jo. Tracy, in artibus niagistri, socii dicti collegii, jetatis 34 aimorum, jurati ad libellum. 1. Affirmative. 2. Ad primam partem affirmative ; ad secundam, viz. prout in prasejiti, he belevethe tliat neytlier he is nor slioukl be. 3. He beleevethe that the proofe that they had was sufficient ad informandos animos and for ther statute, wheruppon they did consent that the said Boothe was reus inf amice ; and that was done unanimi consensu, without any greate importnnitye. 4. Ad primam partem, he was out of commons ; secundam, ne- gative ; tertiam, he was not prohibited by any violence; but Boothe deraaundinge of this deponent whether he were in commons or no, had aunsweare, that he thought he was not ; and Boothe cominge to the table into thalle, certayne of the fellowes departed : but whether the master or president did consent therunto, or no, he knoweth not ; but he beleevethe that the master and president did wishe that he should have absented himselfe from the table : and for the chappell, he can say nothinge. 5. Affirmative, savinge he dothe not remember that the said Boothe was denied the same at any time. 6. Deponit, that Boothe required of the master and fellovv'es ^ms et justitiam ; et quod secundum jus et justitiam audirent et termi- narent finaliter causam siiani, et prcetensum decretum supra mentio- natum cassarent, adnullare^it, etc. ; and the first part they grawnted unto him, and the second they denyed, 7. He beleevethe that Boothe desired to have his matter hard before Mr. vice-chauncellour ; but that was denyed unto him. 8. He beleevethe it was not casus omissus ; and therfore that the master and fellowes be not subject to Mr. vice-chauncellores juris- diction in this case. 9. Refe7't se ad prcedeposita. Item, ad additionales. 1. Affirmative, sayinge they did it ad informandos nos, non animo murmurandi, as he beleevethe. 2. Affirmative, savinge alle mencioned in tharticle were not examined before the master and fellowes ; and saving that he be- leevethe that they did it not in ejus maximum prcejudicium, sed ad veritatem investigandam. 3. Ad primam partem affirmative ; ad secundam, he knowethe not 1579] DEPOSITIONS OF WITNESSES, ETC. 243 quo animo he did come, byeause the said Boothe usually dothe come to listen at the dores ; and therfore he was byd, but whether by any of them two which be articulated he dothe not remember, to depart, without any threatninge or allegacion of the statutes, as far as he knowethe. 4. He saythe, that he beleevethe that the said witnesses did aunswere rather as they were perswaded then of ill will. For the rest he referethe him to the lawe. 5. She was not threatned to confesse any thinges, but she was commaunded to take her othe under the payne of goinge to prison. Reliquum articuli credit esse f ahum. 6. Affirmative, savinge that the said Boothe was called, and would not staye. 7. Ad primam partem affirmative, viz. adquceque, et si ad reliquum, he saithe, that the butler told this deponent that the president had willed that Boothe should syse, but he did not beleeve that, because he hard no such word from the master or president ; and therfore, as apperteyning to his office, as he beleevethe, he willed the butler not to deliver any thinge unto Boothe. But yet Boothe did syse, which this deponent did set upon the butlers head at the weekes end; and the butler did signify unto thos fellowes who be men- cioned in the article, that the president willed Bothe to syse, who did not beleeve the same, as the deponent beleevethe. Ad reliquam. nescit deponere. 8. Nescit deponere. 9. Ad primam partem nescit deponere ; but he belevethe it might l)e spoken. Ad reliquam ut supra ad 4 articulum Uhelli sive alle- (jat. ; and farther, quoad ultimam partem hiijus articuU, videlicet, quodque supradictus magister, etc. deponit affirmxitive. 10. Refert se ad pra;deposita. John Tracie. Dcpositio Robert! Churche, sacne thcolof;. bacc, socii collegii praedicti, Ktatis 30 annorum, jurati ad libellum. 1. Affirmative. 2. Ad primam partem affirmative ; ad reliquam nescit dejwnerc. 3. He Ijelevethe that the iuformacion was good, and not synister ; and saiethe, that ujipou the same some of the fellowes desired the master to heare and determyne somwhat of the matter; wherupjjon 244 CASE OF REMIGIUS BOOTHE. [1579 the master and fellowos, congregate together, did consent that Boothe was reus bifamicE. 4, 5, 0, 7. Nescit deponere, quia nhfuit. 8. He bolevcthe it is not cams omissus, and that in this matter tlic master and fellowes ar not subject to Mr. vice-chancellours jurisdiction. 9. Tiefert sc, etc. Idem ad positiones additionales, etc. 1. Nescit deponere. 2. Deponit, that uppon a certaine rumor raysed of Boothe, the master and fellowes caused certaine persons to be sent for, which were examined uppon the said facte, Boothe beinge absent and not called ; and the most part of the persons articulated were examined twyse, and at the latter time the mayd was sworne. 3. Boothe was not called, nor present, when the former witnesses were called and examined ; but when the maid was examined, Boothe cam to the dore, with what intention or mynd this deponent can not tell, and there uttered certane trubled speache ; unto whom eyther Mr. Tracy or Perse did speake, and willed him to be quiet, and so to depart ; but ther was noe mencion of the statute. 4. Credit contenta in articulo non esse vera. 5. Ad primam partem negative, only this was said by the master unto her refusinge to sweare, that yf she should refuse to sweare, the daunger was emprisonment. Ad secundam partem, viz. qutB quidem famida, nescit deponere, nee ci-edit esse veram ; ad tertiam, viz. quodque dicti magister et socii, negative. G. Dejwnit, that, about the time limited, the master and fellowes, uppon suche informacion as they had receyved by the witnesse ex- amined, gave ther consent that Boothe was reus infamice, and so, by force of the statute, to be non socius ; but before this consent was made, Boothe was called for, to see what he could say ; but he would not come, 7, 8, 9. Nescit deponere, quia dome abfuit. 10. Refert se ad ante deposit a. ROBEKTUS ChURCHE. Concordat cum originali. Ita testor, Joannes Bacster. 1579] DEPOSITIONS OF WITNESSES, ETC. 245 Responsiones magistri Step- Pers ad positiones additionales. 1. Respondet, that there were brought before the master and felowes the twee persons mentioned in tharticle, but by whoes meanes he doth not well knowe ; but he beleveth that eyther Mr. Gerard, or Hawes, or bothe of theim, did inquire in the Bridge Streete for such only as he beleaveth to serch owt a trewth, and otherwyse he dothe not beleave. 2. Itespvndet, that Dale, Samuell Cooke, and Hasbies mayde, were before the master and felowes being congregate together, and examined, and the mayde was sworne ; and he hath hard that some of thother mentioned in tharticle was examined by the said master and felowes uppon a certayne rumor ; and Mr. Boothe was not present, and whether he was called or no he can not tell ; but he beleaveth he was not called. 3. Jtespondet, that at what tyme this respondent was present Boothe was not present ; and Boothe was absent when the othe was mynistred unto the mayde, and he beleveth he was not called to be present at the oth given ; and Boothe cam to the doore at the tyme of examinacion, and offered to come in, but he was willed to depart, as he beleaveth, by Mr. Tracye, and he beleaveth that it was the meaning of the master and felowes ; but what Mr. Tracye said unto hym he can not tell. And this respondent beleveth also that he willed the said Boothe to depart in the masters name, as he remem- breth, but never mentioned the statute of disobedience. 4. He beleaveth that the article, and all in the same conteyned, is false. 5. He beleaveth that the master said to the mayde, refusing to take her othe, that yf she would not sweare, he might sende her to prison ; and further beleaveth that the whole article is false, saving that when the mayde was sworne, the master or some of the fel- lowes moved the said mayde to consyder her othe, and the daunger of the same ; but wlietlier the said maide hath sence said as is men- tioned in the said article, he dothe not knowe, but he beleaveth she hath not. G. Respondet, that when the master had called the felowes to his chamber, they there congregated stayed a good while lookyng for Boothe, whom the master said he had warned then to be present ; and the said master said, that forasmuch as lie did not come, he had agayne sent liis man to sceke hym. And so when they had stayed a good while, upon such informacion as the master and 246 CASE OF REMIGIUS BOOTIIE. [1579 felowcs had, they were perswaded that Boothe was reus inconti- nentia;, and so in danger of the statute dc reis hifamice, and so con- sented that according to the statute he should ipso facto be expelled ; and he beleveth that Booth was sent for to heare of their proceed- inges and tlieir consent. 7. He beleavetli that Mr. Tracy did saye to Mr. Boothe, that the master of the colledg wylled that Booth should not come into the hall to commons, for that Mr. Tracye did tell or say so much to this respondent since his first examinacion : and upon this the said Booth was owt of commons about one moneth. And he saith that the butler did tell unto this respondent, in the presence of thoes whoe he mentioned in tharticle, that the president wylled hym the sayd butler to let the said Booth to syse ; and further beleaveth that Mr. Tracye did forbydd that he should sise, in the presence of thoes mentioned in tharticle, and would not lett that that was sysed to be sett upon Boothe his heade, but upon the butler and caters heade ; and the rest of the article he beleaveth to be false. 8. He hath herd, and doth beleve, that she was purged sexta manu before the judge mentioned, and that her compurgatores were corrupt, and that she was dismissed from the office here mentioned, as he beleveth, and that the mayd was one of the compurgatores here mentioned. 9. He beleaveth that none of the fellowes said to or of Booth as is mentioned in tharticle ; ad reliquum articuli refert se ad deposita ad libellum ; and he beleveth that the master, requested to declare or pronounce the decree, refused then so to do. 10. Refert se ad ante deposita. Responsiones magistri Tlio. Hawes ad positiones additionales. 1 , Eespondet, that Mr. Gerrard and this respondent, about the tyme limited in th'article, went unto Dale and Haspes their howses in the Bridg Street, to understande the truthe of this cause, for that the said Dale was with Hasbye when he tooke Mr. Boothe in his wieffes chamber; but that he did this animo injuriandi, etc., he beleaveth that Booth wyll not thynck, for that the said respondent was then Booth his speciall freende and most did defend hym ; and further beleaveth that upon such reporte as Mr. Gerrard and this respondent made, the said Dale was sent for. 2. Respondet, uppon the rumor of this matter spredd in the towne, about the time her mentioned, he beleaveth that Dale, Cooke, the mayde, and Noble, were examined before the master and certen 1579] DEPOSITIONS OF WITNESSES, ETC. 247 of the felowes then congregated, and the mayde sworue ; and he beleveth that Boothe was not called, nor present, at the examination or othe of any of the witnesses ; of the rest of the said wytnesses he can not answere. 3. Respondet, that when the mayd was sworne and examined, and th'other wytnesses mentioned in the last former answere, he beleaveth that Booth was not called nor present; and whether Booth cam to the doore, and was put backe, he can not tell, for at that tyme he was not presente. To th'other contents of this article he beleveth as Mr. Perce hath answered to this article, because he hath herd Mr. Perce so confesse. 4. He beleaveth that nothyng in the article is trewe. 5. Nescit respondere, quia tunc abfuit, and beleaveth that it is not trewe. 6. Respondet, that about the tyme mentioned in tharticle, the master about five of the clocke at night did send for Boothe, and wylled hym to be present after sup2)er, bothe to heare what was objected against hym, and to sey what he could for his defence ; but Boothe answered that he could not tarye so longe ; wherupon the master presently sent for the companye, and wylled Boothe to stay tyll their commyng, which he refused ; and then the master and felowes being come togyther (for as Boothe would not tarye) did procede agaynst hym absent as though he had been present. And upon such informacion as they had (which they thyncke sufficient), they being congregat together, proceded agaynst hym, and thought hym gyltie in the said statute, and consented that he should be removed. 7. He saith he dothe not knowe whether that Mr. Booth, being in the hall, was prohibited l)y Mr. Tracye or no; and further sayth, that the butler did saye that Mr. president wylled hym to let Mr. Boothe to syse, and beleaveth that Mr. Tracye did forbyd the same ; but he knoweth not whether that Mr. Tracye did sett upon the but- lers and caters head that that Boothe had sysed, but he doth not beleve that he did charge the said butler and cater that he should not sise upon the losse of their office ; and beleaveth that Booth was out of commons for a certayne tyme, but how longe he knoweth not, but he beleveth a moneth or theraboutes. 8. He beleavetli that the said llasbies wieff was presented before the said officiall, and purged Avith sexta manu, wherof her mayd was one : ad reliqua credit. 9. For his owne parte he thynketh he is not bounde to accuse 248 CASE OF REMIGIUS BOOTHE. [1579 hymselfo; and for tliother, be never liartl any of the felowes so reporte, or saye, as is specified in tluirticle. Ad reliquum articuli refert se ad responsa ad 4 articulum libelli, sen alley ationis, apud acta. And beleveth that the master was required as is in this article mentioned ; and than answered that he wold deliberat upon it. 10. Ri'fert sc ad prius respo7isa. Mattheus Stokys. Remigius Boothe, artium" magister, contra magis- trum ac socios collegii Gonvill et Caii, infra academiam prgedictam. J [From MS. Lansd. no. 28, art. 91.] Acta habita et facta coram venerabili viro magistro Thoma Binge, legum doctore, almse academise Cantabrigiensis procancellario, in aula inferiori dicti domini procancellarii, infra hospitium suum in oppido Cantabri- giensi, vicesimo 4" die mensis Septembris, hora octava ante meridiem ejusdem diei, anno 1579, coram me, Johanne Backstar, not. pub., in locum et vicem Mri. Matthsei Stokes, registrarii academise Cant, prse- dictse, propter absentiam ejusdem, in registrarium per eundem dominum procancell. assumpto. QuiBUS, etc. ego prsefatus Johannes Backster certificavi dicto domino facta I fide, etc. me ex decreto dicti domini pro- cancellarii monuisse personaliter invent, magistrum Thomam Legge, legum doc- torem, magistrum collegii prsedicti, ac socios collegii prsedicti, ad comparendum prsedictis die, hora, et loco, coram dicto domino pro- cancellario, ad videndum et audiendum quid dictus Boothe per viam querelse, queremoniaj, seu supplicationis, omnibus melioribus via, modo, et forma juris, quibus melius aut efficacius potuit aut potest, ac quatenus sibi niagis expediens esset, adversus eos proponere aut allegare, ulteriusque facturum, responsurum, et auditurum, quod justum fuerit in ea parte. Et statim comparuit pra;dictu8 Boothe, ac prseconizatis et sufficienter expectatis dictis magistro et sociis, comparuerunt magistri Swale etTracye, in artibus magistri, ac socii, ut asseruerunt, collegii prsedicti, et allegaverunt sese constitutes spe- cialiter fuisse et esse procuratores seu syndicos dictorum magistro- rum et sociorum, et sufficiens mandatum habuisse et habere vice et nomine dictorum magistrorum et sociorum istis die, hora, et loco, et ad effecta prsedicta comparendum, petieruntque quatenus ex parte dicti Boothe declaretur quod allegare seu proponere velit. Deinde dictus Boothe non consentiendo dictis Swale et Tracy, ut procancel- larius, etc. syndicis prsedictis nisi et quatenus, etc. per viam que- 1579] APPELLATION TO THE VICE-CHANCELLOR. 249 relse, quereraonise, supplicationis, seu implorationis officii dicti do- mini procancellarii omnibus melioribus et efficacioribus via, modo, ac forma juris, quibus melius aut efficacius de jure potuit, poterit, aut potest, non modo ad omnem juris eflfectum exinde sequi valen- tem, sub protestatione de addendo, proponendo, specificando, et mao-is specifics declarando, in scriptis seu apud acta si et quatenus ei magis expediat, eamque protestationem admitti petens, allega- vit quod dictus Remigius mense Octobr. ultimo elapso, seu circiter hujusmodi tempus, socius ac in socium prsedicti collegii electus et admissus fuit ac est, cum omnibus et singulis proficuis et juribus socii collegii prsedicti, quodque dictus Bootlie socius ac in societate sua hujusmodi, ac in possessione ejusdem pacifice et quiete per non- nuUa tempora elapsa post pra^dictas electionem et admissionem per- mansit, proque socio hujusmodi fuit communiter dictus, tentus, habitus, nominatus, et reputatus in collegio prsedicto et in aca- demia praedicta, prout in prsesenti revera permanere debuit ac debet, et sic est et existit, seu saltern sic esse et reputari socius hujusmodi debuit ac debet; quodque mense Julii ultimo elapso, seu circiter hujusmodi tempus, ponit autem de quolibet alio tempore ac de tali et tanto, etc. quali et quanto, etc. per praetensam et violen- tem, de jure insufficientem ac sinistram nonnuUorum prsetensonmi informationem, socii dicti collegii, saltem major pars eorundem, absque consensu nostro, seu saltem per importunitatem eorundem sociorum, cum consensu seu assensu dicti magistri ad id habito seu ratificato, absque cognitione, prsesumptione, ac probatione, saltem de jure sufficiente taliter qualiter, decreverunt dictum Boothe reum fuisse et esse infamise in prsetensa quadam causa adulterii, forni- cationis, seu incontinentise, nuUiter, saltem omnino insufficienter, contra eundem Boothe criminaliter mota seu promota ; quodque prsemissorum ratione dictus Boothe per nonnulla tempora non gaudebat in aula communi dicti collegii apud mensam temporibus consuetis coramunibus sociorum et societate dicti collegii, quodque ssepius seu semel a sociis pra;dictis, seu saltem a majore parte eorundem, prohibitus fuerit loco prsedicto ejusdem communibus gaudere ; quodque a nonnullis sociis pra>dictis, seu saltem ab uno eorura, consentientibus, instigantibus, et opem seu consilium in ea parte prajstantibus, per vim seu alias illegitime ac contra tenorem statuti prmdicti dictus Boothe saepius seu semel prohibitus ac deten- tus fuit ac erat a perceptione communium sociorum collegii prte- dicti tempore seu temporibus consuetis in aula praedicta ; quodque etsi dictus Boothe, ex consensu magistri seu, eo absente, prajsidentis 250 CASE OF REMIGIUS BOOTIIE. [1579 dicti coUogii, sen saltern eis vel eorum altero non proliibentibus seu noil proliibente, snt'pius, seu saltern semel, dictus Boothe accessit in aula dicti collegii ad mensam talem ad percipiendum communia sociorum dicti collegii, ac etiam ad sacellura dicti collegii ad audi- enduin preces dominicas juxta statuta collegii iirajdicti, dicti tamen socii seu eorum noniiuUi incontinenter post accessum dicti Boothe ad locum et loca prsedicta ad effectus prajdictos, ignominiose et in contumeliam dicti Boothe decesserunt, in maximum praejudicium dicti Boothe, et contra jura et statuta prsedicta ; quodq'ie post prajmissa dictus Boothe ex prseraissis sentiens et intelligens sese maxima gravari, humiliter petiit a prsedictis magistro et sociis licen- tiam ad appellandum procancellario, seu querendum ab hujusmodi gravamine ad visitatores dicti collegii per statuta eisdem constitutos ac secundum tenorem et eff'ectum eorundem statutorum, cujus dicti Boothe petition! dicti socii, saltern eorum major pars, nullo modo assentire voluerint, saltern per spatium temporis alicujus ; tandem tamen dicti magister et socii ad id congregati assensum et consen- suHi suum prsestiterunt dicto Boothe ad appellandum, provocandum, seu querendum a gravamine prsedicto ad visitatores per statuta dicti collegii constitutos. Qui Boothe secundum ac juxta efFectum statu- torum dicti collegii appellabat, querebat, et provocabat omnibus modis quibus sibi magis expediebat, a prsemissis gravaminibus om- nibus et singulis, et eorum quolibet, ad venerabiles viros visitatores dicti collegii per statuta collegii prsedicti constitutos, viz. magis- trum Henricum Harvey, legum doctorem, magistrum collegii sive aulsB communiter vocatse Sanctse Trinitatis ; magistrum Johannem Hatcher, in medicina seniorem doctorem in academia praedicta ; et Robertum Norgate, sacrte theologise baccalaureum, magistrum sive custodem collegii Corporis Christi, communiter vocati Sancti Bene- dicti, in academia prsedicta ; qui quidem visitatores, etsi ex partibus et per partes dictorum magistri et sociorum, et etiam ex parte dicti Boothe, ssepius ac instanter requisiti fuere in se suscipere prsemis- sorum cognitionem, ut visitatores dicti collegii, ac ad audiendam et terminandam querelam, querimoniam, appellationem, seu provo- cationis praedictse ac integri processus et decreti prsetensi prsedicti contra dictum Boothe ; dicti tamen visitatores simul in unum con- gregati, quia ex visu et inspectione dicti prsetensi decreti non appa- ruit consensura magistri adhibitum fuisse dicto decreto praetenso, seu saltern quia per praedictum magistrum et socios, seu per magis- trum et majorem partem sociorum praedictorum, hujusmodi decre- luiii non i'uit, nee erat, nee adhuc est pronunciatuni seu declaratuni. 1579] APPELLATION TO THE VICE-CHANCELLOR, 251 nec sententia per eos lata, nee adjudicata contra dictum Bootlie, sen saltern ex alia causa seu ratione prsedictos visitatore movente, recusaverunt ssepius, seu saltern semel, ut visitatores per statuta col- legii prsedicti constituti, et sic quilibet eorum recusavit in se sus- cipere, ad audienda aut terminanda prsemissa sic pendentia inter dictum Boothe et praefatum magistrum et socios ; quodque prajdictus Boothe post prsemissa seepius, seu saltern semel, accessit ad magis- trum et socios dicti collegii in unum congregates, ab iisque saepius, seu saltern semel, ac instanter, instantius, et instantissime, petiit ac requisit (allegando dictos visitatores officium visitatorum in se sus- cipere recusavisse et recusare) jus etjustitiam, ac quod secundum jus et justitiam audirent et terminarent finaliter causam et eontrover- siam suam, ac prsetensum decretum supra mentionatum cassarent, adnihilarent, et revocarent, et sic cassum, nullum, et irritum fuisse et esse pronunciarent et decernerent, sicque dictus Boothe in pleno jure, titulo, interesse, et possessione socii et societatis suae prsedictae permanere, computari, ac reputari, pronunciari, et decerni. Qui quidem magister et socii, sic ut praefertur ex parte dicti Boothe ssepius, seu saltern [semel], requisiti, praemissa, seu eorum aliquid, facere recusaverunt et adhuc recusant, seu saltern plus debito distu- lerunt, ac adhuc differunt, in maximum praejudicium dicti Boothe, et contra jura, praedicto Boothe dissentiente et de gravamine pro- testante. Quodque dictus Boothe post praemissa allegavit coram dictis magistro et sociis in unum congregatis, quod causa sua eo jam pervenit, quod fuit ac est casus omissus ac non determinatus per statuta collegii prsedicti ; quodque pro se et ex eo jure et ratione raaxime conveniens fuit et est, causam et controversiam suam debito finire et terminare, et ulterius impendentem permanere de jure non debere, sed controversiam seu cursum suum et ejusdem termina- tionem per terapus nimis excessivum protractum et retardatum fuisse et esse ; ac etiam pro eo quod venerabilis vir academiae prae- dictse procancellarius secundum statuta, privilegia, et consuetudines academiae praedictse fuit ac est judex ordinarius ad audiendum, ter- minandum, et finiendum causas et controversias scholarium dictse academia;, commoventes et ibidem initium assumentes, praemis- soruraque ratione judex ordinarius ac competens ad audiendara et terrainandam prajdictam causam seu controversiam dicti Booth, sic ut prsefatur pendentem indecisam ; dictusque Boothe saepius, seu saltern semel, a prsedicto magistro et sociis, seu, eo absente, a praesi- dente et sociis, ex consensu dicti raagistri in unum congregatis, qua- tenus licentiam et facultatem dicto Booth concederent, ad propo- nendam querelam, quercmoniani, supplicationcu), ]»rovocationeui, 252 CASE OF REMTGIUS BOOTIIE. [1579 sen appellationem ad aiidiendam ct terMiinaiulam causam et contro- versiaui suam pranlietam coram dicto venerabili procancellario ; qui quidem sic requisiti praemissa seu eorum aliquod facere recusaverunt, et adhuc recusant ; quodque pra;missorum ratione aliisque ex causis pro loco et tempore congruis, i)roponendum et declarandum magis specifice dicti magister et socii fueruntet sunt, in prsemissis omnibus et singulis, subditi jurisdictioni domini procancellarii praedicti; prae- missaque omnia et singula fuerunt et sunt vera, publica, notoria, manifesta, pariter et famosa, ac de et supra eisdem laboraverunt, et in prajsente laborant, publica vox et i'ama in academia et collegio prsedictis aliisque locis vicinis et circumvicinis, deque prsemissis fuit ac est rite, debite, legitime ex parte Booth propositum, querelatum, etc. ut supra, quam allegationem, et contenta omnia et singula in eadem dictus Booth petiit admitti, praefatumque praetensum decretum cassari, annuUari, et revocari, cassumque, irritum, ac nullum pro- nunciari et determinari, una cum expensis ex parte sua legitime factis, et protestatur de fiendis per vos, dominum procancellarium, praedictis et per sententiam vestram definitivam sive finale decretum, petiitque jus et justitiam in praemissis omnibus et singulis sibi fieri et cum efFectu ministrari, praemissaque proposuit conjunctim et divisim non arctando se, etc. sed quatenus, etc. juris beneficio, etc. vestrum officium, domine judex, antedictis humillime implorando, petiitque ex partibus et per partes praedictorum magistri et sociorum collegii Gonvil et Caius praedicti praemissis omnibus et singulis responsum fieri, pervosdecerni. Ad cujus dicti Booth petitionem dominus admi- sit allegationem praedictam, et contenta omnia et singula in eadem, si et quatenus de jure, etc., et decrevit monuitque dictos Swale et Traci eisdem respondere; qui quidem dicti Swale et Traci allegaverunt sese fuisse et esse ex consensu et assensu dictorum magistri et sociorum constitutes procuratores seu syndicos ad comparendum et ad caetera facienda pro eisdem in hac causa, ac mandatum suum ejusmodi exhibuerunt, si et quatenus, etc. et fecerunt sese partes pro eisdem, ac eodem nomine procuratorio allegaverunt per statuta collegii sui praedicti causam praedicti Booth coram dicto domino procancellario jam motam audiri et terminari debere per magistrum et socios dicti collegii, seu saltem per visitatores in statutis dicti collegii consti- tutes, su])ra in allegatione dicti Booth mentionatos et expresses, et per nulles alios ac per nullum alium judicem, praemissorumque ratione dominum procancellarium non fuisse nee esse competen- tem judicem in hac causa, in prsesentia dicti Booth protestantis de nuIJitatf, f'alsitate, et insufficieutia conclusionis dejure allegato- rum per dictos Swale et Tracie, iuficiantes eadem esse vera, seu 1579] APPELLATION TO THE VICE-CHANCELLOR. 253 saltern de jure concludere, et allegantes, ut supra in allegatione, dictos magistrum et socios et etiam dictos visitatores per dictum Booth ro- gatos ac requisites fuisse saejiius et instanter, seu saltern semel, causam praedictam et controversiam suam praedictam terminare et finire ; qui quidem sic requisiti recusaverunt et recusant, seu saltern plus juste distulerunt, et in prsesenti differunt, dictosque visitatores saepius, seu saltern semel, affirmasse sese per statuta coUegii prsedicti non potuisse nee posse audire aut terminare praedictam causam, et praesertim quia deeretum praedictum non erat pronunciatum nee declaratum per dictos magistrum et socios ; et pro eo quod sententia non erat lata in ea parte per dictos magistrum et socios, et propterea cum juri et rationi consonum fuit ac est praedictam causam audiri et debito finiri et terminari, dictum procancellarium judicem fuisse et esse in ea parte competentem, quam allegationem proposuit conjunctim et di- visim, etc. ac petiit, ut supra, jus et justitiam in praesentia dicto- rum Swale et Traci respondentum dictum procancellarium non fuisse nee esse judicio competentem ; ac etiam dicti Swale et Traci confessi sunt et recognoverunt dictos magistrum et socios consensum suum praestitisse dictis visitatoribus, et dictum Booth per viam querelas, provocationis, seu appellationis, causam dicti Booth audiri et termi- nari per visitatores, eosque magistrum et socios fecisse diligentiam suam, et id quod potuerunt ad ilium eifectum ; sed tamen dicti visi- tatores non existimaverunt sese potuisse aut posse, per statuta col- legii praedicti, hujusmodi audire et terminare, praesertim quia sen- tentia non fuit lata, nee pronunciatum aut declaratum fuit per dictos magistrum et socios praedictum deeretum, et quod ea ex causa dicti visitatores noluerunt hujusmodi officium in sese suscipere in prae- sentia dicti Booth, acceptantes praemissa omnia et singula, si et quatenus, etc. et non aliter, etc. Et ulterius praedictus Booth petiit, quia dicti Swale et Traci non habent in praesenti mandatum suum seu procuratorium in scriptis conceptum sub sigillo coUegii praedicti, quatenus tunc decerneret terminum ad ulterius procedendum in hac causa, viz. hora octava ante meridiem crastino die isto in loco, dictosque Swale et Traci monerent ut tunc interessent et exhibentes tunc et ibidem mandatum seu procuratorium suum in scriptis ; ad cujus dicti Booth ]ietitionem dominus procancellarius decrevit ter- minum, monuitque dictos Swale et Traci, prout fuit ex parte Booth petitum, in prtesentia dictorum Swale at Tracie. Ita tcstor, Johannes Bacsteu. 254 CASE OF REMIGIUS BOOTIIE. [1579 ADDITIONAL ARTICLES PUT IN BY BOOTHE, REFERRED TO IN THE DEPOSITIONS. [From MS. Lansd. no. 28, art. 95.] Positiones additionales sive declaratoriae ad allegata ex parte Remigii Booth alias habita et facta coram venerabili viro domino procancellario almse academia; Cantabridgise, in causa sua contra magistrum et socios CoUegii Gunville et Caii, in academia prsedicta per eum mota et adhuc pendente indecisa. Pars dicti Remigii Booth addendo, sive magis specifice declarando, pi-fedicta allegata et proposita per eum in causa praedicta, omnibus melioribus et efRcacioribus via, modo, etc. necnon ad omnem, etc. allegatum, etc. allegatum et fuerit probare intendit, si et qiiatenus, etc. articulatim prout sequitur. Imprimis, videlicet, quod nonnulli socii collegii prsedicti, et praj- sertim Mr. Gerrard et Mr. Hawes, seu eorum alter, mense Julii, contingente anno Domini 1579, jam instante, prsesertim die decimo quinto illius mensis, seu saltern circiter hujusmodi tempus, circum- ibant et ambiebant villam, ac in villa Cantabridgise perquirebant, ac inquirebant in nonnullis locis infra villam Cantabridgise, et prajser- tim in loco communiter vocato The Bridge Streete, ubi invenirent aliquam personam, seu aliquas personas, quae accusare potuit seu potuerunt dictum Boothe de crimine adulterii, fornicationis, seu in- continentiae, ab eodem Booth coramisso cum uxore cujusdam Johan- nis Hasbey villee Cantabridgise ; et post sermonem cum quibusdam, praesertim Dayle et Samuel, ab eisdem Gerrard et Hawes, seu eorum altero, habitum, dicti Gerrard et Hawes, seu eorum alter, seu saltem aliqui alii dicti collegii socii, procuraverunt dictos Dayle et Samuel, ac nonnuUos alios perversos testes, accersiri coram dictis magistro et sociis in collegio pra^dicto, et ibidem quoad crimen praetensum dictum examinari ; haecque fecerunt, et quilibet eorum fecit, animo injuriandi et defamandi dictum Booth ; et posuit conjunctim et divisim et de quolibet. 2. Item, quod anno et mense praedicto, seu saltem circiter hujus- modi tempus, magister et socii collegii praedicti, seu saltem magister et major pars sociorum tunc in collegio praesentium, taliter qualiter et de facto ex praetensa accusatione praedicti Hasbey, seu saltem ali- cujus alterius seu alioruin, procuraverunt nonnullos perversos testes seu perversas partes informantes coram praedicto magistro et sociis in unum congregatis accersiri, ac hujusmodi praetexto sic accersitos 1579] ARTICLES IN DEFENCE OF BOOTHE. 255 contra dictum Boothe absentem ut non vocatum, ac in ejus maximum prspjuclicium, quoad crimen prsedictum praeteusum cum uxore dicti Hasbey taliter qualiter et de facto examinaverunt ; ac eorundem prse- tensorum testium unam mulierem, videlicet famulam dicti Hasbey, taliter qualiter et de facto et de deponendo contra dictum Booth quoad crimen pra^tensum prsedictum juramento oneraverunt ; no- mina vero hujusmodi praetensarum personarum sic examinatarum fuerint et sunt Johannes Hasbey, Dayle, Samuel Cooke, famula dicti Hasbey, John Mayer, dominus Davell, Andreas Noble, et fa- mula cujusdam Button ; ponit autem de quibuslibet aliis personis et nominibus, ac juratis, sive non juratis, taliter et tantum quoad et quantum, etc. et ponit ut supra. 3. Item, quod dictus Booth anno et mense prsedicto, seu tempore prsedicto, non fuit nee erat vocatus seu accersitus, aut prsesens, coram dicto magistro et sociis aliquo tempore seu loco prastensi prae- dicti juramenti prsestationis, seu examinationis praedictorum praeten- sorum testium, seu eorum alicujus, ad audiendum aut ad videndum quid vel quae objectum seu objecta fuit aut erat contra dictum Booth, aut a quo seu a quibus, aut ad respondendum alicui materiel seu ali- quibus articulis taliter qualiter et de facto contra eum et in ejus prae- judicium quoad crimen praedictum objectis seu objiciendis, aut ad defendendum sese et causam suam ; sed praedictus Booth toto ac omni tempore ac loco productionis, juramenti praestationis, et exa- minationis praetensarum praedictarum, absens fuit, non vocatus, sine contumacia ejusdem; quodque cum dictus Booth tempore praetensa- rum productionis et juramenti praestationis hujusmodi prsedictarum accessit ad cubiculum magistri coUegii praedicti, ubi tunc et ibidem magister et socii coUegii praedicti erant in unum congregati, quoad inquirendum et examinandum hujusmodi praedicti praetensi criminis, eo animo ac proposito ut videret ac intelligeret objecta et praetensos testes contra eum productos, siqui tunc et ibidem fuissent, ac eo animo ac proposito ut exceptiones ac defensiones suas proponeret contra hujusmodi objecta et testes hujusmodi, ac etiam ut interro- gatoria ministraret contra hujusmodi praetensos testes, sicjui tunc fuissent, prout revera tunc et ibidem fuerunt nonnulli hujusmodi praetensi testes, seu saltem tunc ibidem dicta famula dicti Hasbey, tunc et ibidem prasens fuit; cumque dictus Boothe ad effectum seu effectus praedictos saepius seu semel intrare voluit praedictum cubi- culum, idem Booth saepius seu semel impeditus ac prohibitus fuit per dictos magistrum et socios, ac per magistrum Tracie et magis- trum Perse sajpius et iteratis vicibus, qui Tracie et Perse dixerunt 256 CASE OF REMIGTUS BOOTHE. [1579 tunc ct ibidoni, ct eoriini utorque dixit dicto Booth, quod magister collegii pricdicti eidem Booth imperabat, niandabat, quantus dictus Booth a dicto cubiculo et ejusdem ostio dccederet, et non intraret, et quod nisi dictus Booth decederet et abiret ab ostio et cubiculo praedicto iniperio et mandate dicti magistri, quod statutum inobe- dientifB sociorum adversus niagistrum contra eundem Booth execu- tione demanderetur, secundum formara statutorum collegii prsedicti ; sicque dictus Bootli seipsum contra hujusmodi praetensa contra eum objpcta, et contra hujusmodi prcetensos testes, defensione sua et causae sure uti non potuit, sed eadem frui aut uti prohibitus ac impeditus fuit ac erat, in sui maximum praejudicium, ut contra jura. Et ponit ut supra. 4. Item, quod testes praetensi omnes et singuli coram praedictis magistro et sociis, quoad crimen praetensum praedictum, producti, jurati, sen examinati, toto et onini loco et tempore productionis, juramenti praestationis, et examinationis eorum, fuerunt, prout in praesenti sunt, afFectionati, partiales, in dictis ac depositionibus varii ac vacillantes, contraria ac repugnantia dicentes singulares ac minus verisimilia, nimium faventes dictis magistro et sociis, ac odio pro- sequentes partem dicti Booth per eundem et praemeditatum sermo- nem, verba proferentes mulieres inimicae dicti Booth, ac in causa hujusmodi praetensa criminaliter mota de jure insufficientes, tales- que fuerunt et sunt, taliaque deponent, quod eorum dictis seu depo- sitionibus nulla fides adhibenda fuit aut est, seu saltern sufficiens fides de jure adhibenda non fuit nee est. Haecque fuerunt et sunt vera, etc. Et ponit ut supra. 5. Item, quod tempore et loco hujusmodi praedictae praetensae productionis et examinationis famulae dicti Hasbey, magister et socii praedicti, seu eorum aliquis caeterorum nomine, usi fuerunt seu usus est verbis minacibus contra dictam famulam, praesertim per verba Anglice sequentia, seu saltem per alia eisdem saltern in effectu consimilia, videlicet, that if she would not take her othe, and conf esse and uppon her othe affirme those thinges rvhich she said her master had conf essed before of her that she did hnoive, viz. that Mr. Booth had lyved incontynentlye with her dame and was in hedd with her, and that she did knoioe and see the sayne, they would send her to pryson and use her with extremitie: quae quidem famula citra tenipus hujusmodi suae praetensionis, productionis, juramenti praestationis, et examina- tionis, coram testibus fidedignis confessa est, et recognovit praedicta verba niinacia, seu alia iisdem in effectu consimilia, liujusmodi metum et timorem in eandem famulam intulisse, quod sensu suo quodam- 1579] ARTICLES IN DEFENCE OF BOOTHE. 257 modo orbata tempore liujusmodi productioiiis, juramenti prfestatio- nis, et examinationis, omnino ignorabat et nesciebat pro tempore quae ab ea dicta et facta fuerunt, eaque quae ab ea facta ac dicta fuerunt in praejudicium dicti Booth fuerunt et sunt dicta et facta timore et metu, et non ex scientia sua ; quodque dicti magister et socii, seu eorum aliquis reliquorum nomine, tempore examinationis prsetensse hujus- modi did send the said maid, as they said, to pry son, out of the doore of the saide chamber, ssepius, seu saltern semel, timorem et metuni eidem famulse ad efFectum prfedictum infereudo, prout revera me- tum eidem intulerunt. Et ponit ut supra. 6. Item, quod prsemissis non obstantibus, mense Julii ultimo elapso, praesertim vicesimo primo die ejusdem mensis, seu circiter hujusmodi tempus, contingente A. d. 1579 jamjam instaute, dicti magister et socii, seu eorundem sociorum major pars adtunc in col- legio praesentium, in unum congregati, taliter qualiter et de facto decreverunt et determinaverunt ex praemissis liujusmodi praetensis probationibus praedictum Booth criminis adulterii seu incontinentiae praedicti reum fuisse et esse, eumque Booth in statuto collegii prae- dicti de reis infamiae contineri, ipsoque facto non socium esse, re- ferendo se ad praedictum praetensum decretum, si et quatenus ei magis expedit, et non aliter, etc. Et quod dictus Booth, in maxi- mum praejudicium dicti Booth ac contra jura, non fuit vocatus nee praesens ad audiendum hujusmodi decretum praetensum. Et ponit ut supra. 7. Item, quod post praemissa, et praesertim mense Julii seu Au- gusti ultimo elapso, seu circiter hujusmodi tempus, cum dictus Booth fuit in aula dicti collegii intendens et volens percipere apud mensam communia sociorum dicti collegii, praesertim tempore prandii, Mr. Tracie tunc et ibidem praesens interdixit et prohibuit dicto Booth ejusmodi communia percipere, seu saltem expresse dixit eidem Booth quod magister collegii praedicti mandavit seu mandabat dicto Tracye quatenus idem Tracye eundeni Boothe certiorem faceret magistrum praedicti collegii prohibuisse et prohibere dictum Booth a perceptione hujusmodi communium, et eidem Booth mandasse et imperasse, man- dare et imperare, ne hujusmodi communia perciperet seu percipere praesumeret, quorum pnetextu dictus Booth a perceptione hujusmodi communium aljstinuit per nonnullos dies, et pra-sertim per spatiuni mensis, seu circiter hujusmodi tempus ; quodque etsi postea tam ma- gister praedicti collegii, quam etiam praeses hujusmodi, mandabant seu saltem permittebant et conscntiebant, quatenus dictus Boot)) communia sociorum praedicta percipere; potuit et liceret, et ad s 258 CASE OF REMIGIUS I500THE. [1579 eundem effectum mandatum fnit officiariis sen famiilis dicti collegii, videlicet, to the hutler and steward, or cater, illudque mandatum fuit per pra?dictos famulos seu eorum alterum intimatura dictis magis- tro Tracye, magistro Perse, magistro Paman, magistro Gold, ma- gistro Hawes, et magistro Browninge, et vi hujusmodi mandati seu permissionis licet dictus Booth per aliquod spatium, viz.ybr y. meales, a pracdictis famulis panem, potum, ac cibum habuit et percipiebat, dictus tamen Mr. Tracye, at the end of the tveeke would not suffer the butler or cater to set any thinge upon the said Booth his head, but sayd that the sayd cater and butler shold paye it, and did set so much as the sayd Booth had sised or taken of them the sayd butler or cater upon their heades. And further, after that, prsesertim tempore prandii proxime sequente prsemisso, coram prsedictis sociis supra in hoc articulo specialiter nominatis, in aula collegii praedicti, the sayd Mr. Tracy, Mr. Paman, and other the sayd felows, whos names be befor in this article specified, did command the sayd butler, that the said Booth shold sise nothing under the losse of his office, and that the said Booth shold not come into the buttrye, nor have any cup with drinke, or any other thinge, o%ii of the buttery e to his the sayd Booth his chamber ; and so the sayd Booth remayned out of commons, untill Mr. vice-chancelor did assigne his counsell, viz. from the x*** of August last, or theraboutes, untill the beginning of September laste, or theraboutes. Ponit tamen de quolibet alio majori ac minori tem- poris spatio, ac de taliter, etc. ; atid that all the sayd felows before in this article specified were present and consentinge and agreeing to the sayd doings and prohibition of the sayd Mr. Tracye and Mr. Paman above in this article mentioned. Et ponit ut supra. 8. Item, quod prsemissorum ratione, uxor dicti Hasbye fuit ac erat praesentata ordinario, videlicet magistro D. Randoll officiali domini archidiaconi Eliensis, ut ream adulterii seu fornicationis seu incontinentise, et prsesertim cum dicto Boothe, minus vere, quae uxor Hasbye judicialiter coram dicto domino officiali jurata, negavit sese hujusmodi criminis ream fuisse aut esse ; eademque uxor Has- bye judicialiter et legitime ab hujusmodi crimine, prsesertim sexta manu, purgavit sese per compurgatores legitime et judicialiter tac- tis, etc. juratos, quorum compurgatorum dicta famula dicti Hasbye fuit ac erat una legitime et judicialiter tactis sacrosanctis Evangeliis jurata, ac sic dicta uxor ab hujusmodi crimine fuit et erat libera et immunis, et per dictum dominum officialem ab eodem crimine et suspicione ejusdem absoluta ac relaxata \)ct decretum sive senten- tiam dicti domini officialis. Ac ponit de quolibet alio majori ac 1579] ARTICLES IN DEFENCE OF BOOTHE. 259 minori numero compurgatorum prsedictorum, ac de tali et tanto ac quali et quanto, etc. Et ponit ut supra. 9. Item, quod praedicti socii supra in 7° articulo specificati, eorumque quilibet, unus seu aliquis, ssepius seu semel, dixerunt seu dixit dicto Booth in ejus prsesentia, ac eo absents palam, publice, et privatim dixerunt seu prsedicaverunt, dixit seu prsedicavit, eundem Booth non fuisse nee esse socium dicti collegii ; et cum dictus Booth accessit ad sacellum dicti collegii ad divina audienda, ac in aulam dicti collegii ad mensam ad percipienda communia sociorum prae- dictorum, socii eorundemve quilibet unus seu aliquis, animo inju- riandi dictum Booth, in ejus conturaeliam decesserunt seu decessit statim et incontinenter a praedicto sacello et prsedicta aula et mensa, ac ibidem permanere aut moram trahere noluerunt seu noluit, in injuriam atrocem dicti Booth, et contra jura ; et quod supradictus magister, seu eo absente seu consensu ejusdem prsesidens dicti col- legii, saepius seu semel requisiti, recusavit et distulit plus justo, ac recusat et differt, praedictum decretum declarare aut pronunciare. Et ponit ut supra. 10. Item, quod praemissa omnia et singula fuerunt et sunt vera, publica, notoria, manifesta, pariter ac famosa, deque et super eisdem laboraverunt et in praesenti laborant publica vox et fama in coUegio praedicto, ac in acaderaia Cantabrigiae, et iii oppido Cantabrigife, aliisque locis vicinis et circumvicinis ; praemissaque omnia et sin- gula dictus Booth proponit conjunctim ac divisim, non arctando, etc. sed quatenus, etc. juris beneficio, etc. petiitque jus et justitiam in praemissis omnibus et singulis, et ea concernentibus quibuscun- que, sibi fieri cum efFectu ministrari officium domini procancellarii almae academiae Cantabrig. humillime implorando. Concordat cum originali. Ita tester, Johannes Bacster, notarius pubUcus. [Endorsed.] Secunda allegatio sive ma- teria additionalis Rem. Booth coram procanccUario D. Binge, super qua examinati sunt testes. 260 CASE OF REMIGIUS BOOTIIE. [1579 THE vice-chancellor's sentence. [From MS. Lansd. no. 28, art. 90.] Sententia acta pro Booth per D. Bing, procancellarium. In Dei nomine, amen. Auditis, visis, intellectis, ac suffi- cienter discussis, per nos, Thomam Binge, legum doctorem, almae academias Cantabrigiensis procancellarium, meritis ac circumstantiis cujusdam causae, querelas, querimoniae, appellationis, provocationis, seu supplicationis, quae coram nobis procancellario praedicto, inter Remigium Booth, in artibus magistrum ac scholarem in alma academia praedicta, partem agentem, querelantem, provocantem, seu supplican- tem, ex una, et venerabilem virum Thomam Legg, legum doctorem, magistrum collegii Gonville et Caii, ac socios ejusdem collegii infra academiam praedictam, partes reas, querelatas, provocatas, seu supplicatas, in altera parte ; aliquandiu vertebatur et adhuc vertitur, et pendet indecisa, praedicto Remigio Booth coram nobis judicialiter sedentibus pro parte sua comparente, ac sententiam definitivam sive finale decretum pro parte sua in causa praedicta ferri ac promulgari, jusque ac justitiam sibi fieri sa?pius et instan- ter a nobis procancellario praedicto petente et postulante, dictisque magistro ac sociis per Stephanura Perse et Tho- mam Hawes, socios dicti collegii, procuratores seu syndicos prsedicti magistri et sociorum in causa praedicta in scriptis cum sigillo communi dicti collegii constitutes, coram nobis similiter comparentibus, ac jus ac justitiam pro dictis ma- gistro et sociis similiter petentibus; ruminatoque per nos toto et integro processu in causa praedicta coram nobis judicialiter habito et facto, ad sententiam nostram defini- tivam sive finale decretum nostrum procedendum fore duximus, et in hunc modum qui sequitur procedimus. Quia per acta actitata, allegata, exliibita, confessata, pro- bata, caeteraque in praedicta causa habita et facta, com- 1579] THE vice-chancellor's sentence. 261 perimus et invenimus, praedictum Remigium Booth in- tentionem suam deductam in quibusdam allegatis apud acta habita et facta, necnon in quadam materia additional! sen declaratoria ad eadem allegata, incipiente, pars dicti Remigii Booth addendo, etc. ex parte dicti Booth oblatis, quae quidem allegata ac quam materiam additionalem sive declaratoriam pro hoc dicta et infecta habemus et haberi volumus, sufficienter fundasse seu saltern probasse, intri- toque eiFectuale ex partibus aut pro partibus prasdicto- rum magistri et sociorum allegata, proposita, confessa, ex- cepta, aut probata fuisse aut esse, quod intentionem dicti Booth elideret seu quomodolibet enervaret; idcirco nos, Thomas Binge, legum doctor et procancellarius praedictus, judicialiter ac in judicio sedens, factisque prius per nos omnibus et singulis de jure, privilegiis, consuetudine al- mae academiae praedict^, per nos in hac parte fiendum, decretum seu determinationem in praedictis allegatis et materia additional! sive declaratoria mentionatis per prae- dictos magistrum et socios contra dictum Remigium Booth taliter qualiter et de facto habitis et factis, nullum, in- utile, irritum, cassum fuisse et esse, et viribus juris ca- ruisse et carere, pronunciamus, declaramus, ac definimus, illudque decretum annullamus, irritamus, et revocamus, dictum que Remigium Booth ante hujusmodi praetensum decretum seu determinationem prasdictorum magistri et sociorum ac quolibet medio tempore interim ac citra, sicut in prassenti, a reatu infamias ac ab infaraia in praedicto praetenso decreto mentionato liberum et immunem fuisse et esse, et sic de jure esse debuisse et debere, et locum et jus, titulum, intcresse socii et collegii, ac in collegio prae- dicto societatis suae pristinae ac in societate sua pristina, simul cum omnibus et singulis eisdem societatis ac socii juribus, proficuis, commoditatibus, et pcrtincntibus, de jure ad eundem Remigium Booth non obstante decreto sive determinatione praedicto spcctasse et pertinuisse, spec- 2G2 CASE OF REMIGIUS ROOTHE. [1579 tare et pertinerc debuissc ct dcbcre, eadcmque omnia ct singula cundcm Booth percipere debuisse ct debere, dictum- qiic Rcniigium Booth loco socii et societatis suae pristina3, ac jure, titulo, possessione, ac interesse quocumque socii et societatis sua; pristine, cum omnibus et singulis suis juri- bus et pertinentiis, gaudere, ac in eisdem omnibus et sin- gulis permanere pacifice et quiete debuisse et debere, pro- quc socio et ut socio hujusmodi praedicto, cum omnibus suis juribus et pertinentiis, tam in coUegio quam extra, haberi, computari, ac reputari, palam, pubhce, et notorie debuisse et debere, pronimciamus, decernimus, et definimus ; dictos- que magistrum et socios omnibus melioribus et efficacio- ribus via, modo, et forma juris, quibus id melius aut effi- cacius de jure potuit aut potest, in expensis legitimis in causa seu lite prsedicta ex parte dicti Remigii Booth fac- tis et praedicto Booth seu deputato suo solvendis et satis- faciendis, insuper condemnanms, per banc nostram senten- tiam definitivam sive finale decretum nostrum, quam sive quod fecimus et promulgamus in his scriptis. Taxationem vero hujusmodi expensarum nobis aut alieno judici in hac parte competenti cuicumque reservandam et reservamus. Facta et lata 22° die mensis Octobris, 1579, hora prima pomeridiana, in consistorio alm^ universitatis Cantabrigi- ensis in praesentia mei, Mathasi Stokes, notarii publici, in praesentia Thomae Nevill, Jo. Huchinson, et Nicolai Foster, in artibus magistrorum, testium lectionis et pro- mulgationis sententiae infrascriptae specialiter rogatorum et requisitorum. Thomas Nevill. John Huchenson. Th. Bettes. Nicolas Foster. Concordat cum originali. Ita testor, Johannes Bacster, notarius publicus. 1580] CONTENTIOUS PREACHING, AND APPAREL. 263 THE BISHOP OF LONDON TO LORD BURGHLEY. [From MS. Lansd. no. 29, art. 45.] To the right honorable and my singuler good lord, the lord treasorer of England. My dutie remembred to your good lordship. I under- stand by Mr. Deane of Ely that your lordship hath a good inclinacion to redresse the disorders in thuniversitie of Cambrige in tvvoo speciall pointes, viz. in the stayinge of contentious prechinges, and unsholerKke apparell, and in those matters would have myne opinion: for ansvs^er whereof, although I know your honors wisdome is noe more to be holpen by myne advise then a litle candle can further the light of the sonne, yett for my duties sake I will shew your lordship what I tliinke. First, that all lycences grantyd by the University maie be called in, and grantyd of newe by the heades to such as will subscribe to tharticles synodicall, as in all dyocesses yt is used ; and that bondes be taken of the parties that theie shall prech noe innovacions, as I doe use in grantinge of my lycences. For the 2., that the heades of the howses maye be injoyned by your lordship to see everie man to his ovme company, that both at home and abrode they use scholers apparrell accordinge to ther statutes; or els to crave thaid of the rest of the heades to expell such stubborne persons out of thuniversitie, as will not submitt theimselfes to that ordre ; and this to be done by some injunction from hir majestie to authorize the heades in that behalfe. And this I tliinke woulde be a good way for both offences ; for stultitia ligata in corde pueri virga disciplince fugatur, and by none other means. Yt maye please your lordship to lett me under- stand, whether we shall send our answer to hir majesties letters touchinge our woodes to hir majestie immcdiatlie, or to your lordship, whicli maie informe hir highnes of yt. 264 DISPUTES WITH THE TOWN. [1580 Lcastlie, yf your lordsliip would stand my good lord to lielpc me to Winchester, and Mr. Daye liitlier, because Ely liangetli upon manie unccrtein pointes, trulie, my good lord, you shall fynd me as thankcfull as anie that ever receved benefytt at your handcs ; for beinge soe neare, I slioulde be ready tassiste the bishop of London, which per- adventure would be some ease to him, and not unproffit- ablc for thecclesiasticall governement. This I am bould to wryte, yf thother whom liir majestic hath named doe refuse it. Thus most humblie cravinge pardon, I besech God blesse your lordship with good health and longe lyfe. From Fulham, this vjt'^ of March, 1579. Your lordships, humbly at your lordships commandment, John London. DISPUTES WITH THE TOWN. [From MS. Harl. no. 7037, p. 310.] Aprilis 8", 1580. — Ambiguities and doubts appertaining to the cor- poration of the town of Cambridge, in the articles drawn be- tween the University of Cambridge and them, whereof in part they crave explanation. 1. First, where the University desire to have all privi- leges, rights, etc. which they now have, or at any time heretofore by the more part of 20 years have had, exer- cised, or used, etc., the said corporation of Cambridge pray, for the avoiding of controversies and suits that may arise, that they will sett down what things they have used. 2. Likewise that those colleges wliich by statute, etc. have any such servants as they desire to have, shall shew their statute, etc., for the avoiding of controversies that inay hereafter arise. 1580] DISPUTES WITH THE TOWN. 265 3. Determination of pleas of victuall, appertaining to the clarkship of the market, we yeild to the University, etc. But contracts of victuall brought to he sold by way of merchandise do belong to the maior, according to the com- position, and so used time out of minde, 4. Item, where in the second grant, comprised in the new charters, they would have granted unto them as great jurisdiction between foreiner and foreiner as they have heretofore used; it appeareth by their charter they have authority to hold plea of these only causes, where a scholer or scholers servant is one of the parties, and of none other. 5. That these which be butchers, bakers, or brewers to any college, should not exercise these occupations, nor any of them, nor any other occupation, in the town. [From MS. Harl. no. 7037, p. 310.] Simple and plain answeres of the University of Cambridge to the ambiguities and doubts supposed by the corporation of the town of Cambridge in the articles drawn between them and the said University. Those supposed ambiguities for the most part do rest all upon one main ground, though in shew they pretend diversity of matter. For custome and usage is the tiling which chiefly through these particulars is called into ques- tion. Wherefore, to avoid tediousness in often repeating one thing, it is to be understood, that as all other reason- able societies, so the University is directed and governed partly by such law as is committed to v/riting [Caetera desiderantur in MS". D. Gale.— Baker.] 266 DISPUTES WITH the town. [1580 [From MS. Harl. no. 7037, p. 298.] The usuall grounds and arguments of the townsmen whereby they would justify their encroaching upon our liberties and jurisdic- tion. That botli our bodies are governed by one prince, and we live under one law, therefore, etc. That the town and University are joyn'd in one com- mission of the peace, therefore, etc. Answere in behalf of the University to the former arguments. If the Kving under one prince, and being governed by one generall law, authority of law, be a sufficient cause to mingle or confound severall jurisdictions, then to what end serveth the grants of priveleges for exempting some from the jurisdiction of othei% or for exempting any from the usuall course of the common law ? Nay, why are divers coui'ts appomted for divers matters ; as the Arches for one kinde, the Common Place for another, the Kings Bench for another, the Chancery for another, etc. ? It is evident what and how great absurdities would foUow of this argu- ment ; and therefore it is not good. 2. That they who are joyned in one commission of peace are of one authority, we take to be true, unless there can some speciall exception be shewed. But the charters of the University except such causes as concern scholers ; as may appear by plain words of the same, wherein there is expressly set down not only of what matters the Univer- sity should take cognition, but also the method and order of proceeding, the manner of determining, and of the place and court ; and that with prohibition to all other judges, justices, raaiors, bailiffs, or ministers whatsoever. Objections. Here the tovmsmen will say, that the Uni- versity charter is to be understood of such causes only as 1580] DISPUTES WITH THE TOWN. 267 depend before us, already pleaded on both sides; for so they are wont to interpret placita. Respon. But we answere, that the scope and purpose of the charter is plain, that scolers may live in peaceable manner, and not be withdrawn from their studies by ac- tions of strangers, but might have ready redress of all their wrongs before competent and domesticall judges. Neither may the word placitum be straitly taken, as the town would enforce ; but it must needs be extended to all such contro- versies as any ways may be brought to the judiciall hear- ing of the magistrate. For otherwise this absurdity might follow, that a townsman trespassing against a scholer should never be corrected unless the maior would. For the maior, by prevention geting the trespasser into his protection, might always object against the chancellor or vice-chancel- lor that the matter had never been pleaded before him; which were a foule inconvenience to admit, and therefore the word placitum not so to be expounded. Howbeit, admitting their interpretations for arguments sake, yet can it not avail them. For sith the chancellor or vice-chancellor, etc. hath authority not only to hear such placita, but also cognoscere querelas, sectas, transgressiones, etc. as well at the suit of the party grieved, as also by inqui- sition ex officio; the strai tiling of one word may not exclude the princes benefit, which is contained largly in the natu- rall sense of other words. Specially seeing the charter doth not only say placita transgressionum, but also placita et transgressiones ; and again, placitis et transgressionihus. But, in very deed, experience sheweth that tliis objection oi placitum is but a meer cavil ; for among divers examples that may be alledged to prove it otherwise taken, two are extant very notable. The one is the late reign of king Hen. 8*; the other since the time of her majesty that now is. That in king Henries time touclieth the very cause of taking the peace ; for so it was, that one Faune, a burgess 268 TWO GRACES. [1580 of the townie, had sinisterly procured a writt out of one of the kings courts for the peace to be taken by him against Mr. Ainswortli, tlie master of Peter -House. The kings highness was advertised of this attempt; whereupon his majesty caused forthwith to be awarded out a countre- mande to stay the former writt, as altogether contrary to the University privileges. And yet was your commission of the peace of as great force then as now it is, or else greater; our charters being not as then confirmed by act of parliament, as now they be. The other example concerneth the Kcensing and cor- rection of victuallers and tiplers, in the which matter the townsmen claiming an interest by reason of their commis- sion for the peace, it pleased her majesty to declare unto them, by her rescript, that their commission was not effec- tuall to justify their dealing in that behalf within the limits and precincts of the University, and therefore did prohibit them therein to attempt any further. A copy of the said rescript is enclosed herewith. GRACES OF THE SENATE. Jun. 11, 1580. — Ut omnes doctores cujuscunque facultatis ferant suffragia in nominationibus procancellarii, lectorum, &c. Ut omnis dissensionis materia, tam in ilhs viris punctim notandis qui in annuo procancellariatus munere vacantis competitores sunt futuri, quam in electionibus lectorum, omnino deinceps tollatur : Placet vobis, ut omnes doctores cujuscunque facultatis in academia commorantes, hcet collegiis non praeficiantur, ima cum coUegiorum praepositis aut eorum vices gerenti- bus, 3 Novembris quotannis, viz. hora nona antemeridiana cjusdem diei in domo regentium conveniant, utque eorum 1580] TWO GRACES. 269 singuli ibidem, juxta senioritatem suam, unum ali quern ad procancellariatus officimn nominent, e quorum numero iidem doctores sigillatim cum collegiorum prsepositis aut eorum vices gerentibus duos punctis suis assignent et notent, quorum unus a senatu in procancellarium est eligendus. Preeterea placet vobis, ut omnes doctores luia cum col- legiorum praepositis aut eorum vices gerentibus convocen- tur et conveniant quotiescunque occasio oblata fuerit, ut sufiragia sua punctim cum collegiorum praefectis (more in procancellarii electione pra^scripto) in omnibus electionibus lectorum et reliquorum academise officiariorum ; atque ut haec vestra concessio sen ordinatio pro statute habeatur, atque infra 10 dies proxime sequentes in libris procurato- rum describatui'. Jun. 11, 1580. — Ut praefecti collegiorum theologi ad combinationem in concionibus teneantur, sicut reliqui. Placet vobis, ut praefecti collegiorum theologi eadem lege teneantur ad combinationem in concionibus praestan- dis in omnibus diebus festis, exceptis diebus dominicis, ante meridiem, qua reliqui concionatores tenentur. Haec rogatio, ut et ilia superior pro doctoribus, lata et sancita fuit anno Domini 1580, 11 Junii. Procancellario Johanne Hatchero, D. Med. T. ^ M f WiLLMO. LaKIN. Procuratonbus ■[ \ JoHE. Bradley. 270 DISPUTE CONCERNING THE TWO GRACES. [1580 DISPUTE WITH THE HEADS, CONCERNING THE TWO FOREGOING GRACES. THE HEADS OF COLLEGES TO LORD BURGHLEY. [From MS. Harl. no. 7047, p. 45.] To the right hon. the lord Burghley, &c. Our humble duties unto your good lordship remembred. May it please the same to understand, that of late such strange attempts hath been made both against our statutes and to our great injury, that for help therein we are com- pelled to fly unto your honors authority. For whereas the tenth day of the present month of June, by fundation, the pricking of two regentes to every of the fower common lectures, viz. philosophy, rhetorick, logic, and mathematics, was than to be .done per prcepositos coUegiorum, two doc- tors of the towne, being no heads of colleges, were ready to intrude themselves to prick with us; but being gain- sayd, by virtue of express words of our statute, and by consent of all the heades of colleges that were present, at length they gave place : yet the next day following, a con- gregation being called and continued to the afternoon, at evening prayer, when all men were at home at the service, except a few regentes and non-regentes, two graces were then propounded, the copies thereof ready to be shewed by the bearer ; the one, that all doctors of the town, being no masters of colleges, should also prick with them in the nomination of the vice-chancellour, of the lecturers, and of all other officers ; the other, to binde masters of colleges to the combination of preaching, both in the Sundaye in the afternoon and holydays, which are expressly contrary to our statutes given us by the queenes majestic, ready also to be shewed : not one master of a college present, or knowing or suspecting any such matter. For the vice- chancellor hath so often openly protested that he would 1580] COMPLAINTS OF THE HEADS. 271 never go about or do anything without counsell and assent of the heades, that we could never think of any such deceit. And although we know both these graces to be of no force, being contrary to our authorised statutes, and there- fore, when occasion shall be offered, intend, under your honors favour, to withstand them, as void, and tending to sedition both in the Universitye and private colleges, weakning of our goverment and countenance, and over- throwing, and giving boldness to overthrow, all statutes now and hereafter made, if such stolen graces and close and pevish practices, opposite to our statutes, should be suffered. Yet forasmuch as by this their doing they may carry a countenance of statutes, and thereby hereafter breed contention amongst us, we thought it our duties with speed to declare these dangerous dealings unto your lordship, that upon the view of a few wordes of our sta- tutes, to be shewed by the bearer, it might please your lordship to direct your letters to the vice-chancellor, re- gentes, and non-regentes, to the effect above said, which shall not only check these rash attempts, but also be a warning to them hereafter not to pass the like without just consul- tation before. And as for the doctors (being no masters of colleges), they are admitted to all consultations among us ; but being thus admitted, they would proceed further to meddle, where certain persons only are appointed to be doers by our statutes. And thus, giving thanks for your lordships great pains and manifold benefits unto this our University, we humbly take our leave, this 15th of Jun. 1580. Your lordships, etc. Edw. Hawfohd. Tho. Byng. JoH. Still. Andu. Perne. Joannes Bell. Robert Norgate. Henr. IIervy. Umi'Hry Tindall. 272 DISPUTE CONCERNING THE TWO GRACES. [1580 THE VICE-CHANCELLOR TO LORD BURGHLEY. [From MS. Lansd. no. 30, fol. 59.] To the righte honorable my very good lorde, the lorde highe treasorer of England, After due remembrance of my humble dutie towardes your lienor, etc. it may please the same to be advertised, that ever since your honor did shewe unto us, the doctors of the Universitie, your lordshippes favorable countenance at Sir Giles Alingtons, some have at the elections offred themselves to prove whether they might be receyved or not at the prickinge, and specially for that your lordship did take the paines to declare your minde to two doctors, and did wright your favorable letters to the vice-chancellor, D. Howland, who hethertoe hathe suppressed them ; they have thought that they might as well com by vertue of those your lordshippes letters, as sum inferior masters of arte by your lordshippes other letters. But truly, my very good lord, when the doctors came, I declared unto them that I had considered the statutes and your lordshippes letters, which bothe together made a sufficient number for the election, and I willed them to departe, whiche they did after a fewe frendlie wordes among us. I most hum- blie intreate your lordship therfore against the false in- formars to heare this the truithe, as also these fewer arti- cles followinge: — 1. That the congregation the next day (themselves being present at the foer none) was not stollen, but lawfully warned and continued with the accustomed bell ringinge, and at due tymes likewise accustomed, viz. at iij. of the clocke, and not in tyme of divine service ; for the cheef of them (as they will depose) departid at the end of the congregation home to the beginninge of service. 2. Also that the second grace dothe conteyne all the doc- tors remaininge in the hole Universitie, with the headdes of collcdges, or their substitutes, not excludinge any doctors 1580] COMPLAINTS OF THE VICE-CHANCELLOR. 273 resident in colledges. 3. Allso that the ij. graces be not directly against the statutes; and furder, 4, that nothing hathe bene now done that is not by former example con- firmed and practised. A mervelous matter that our Cam- bridge masters of colledges cannot abide the doctors of their Universitie to be joyned withe them in matters of the Universitie ; but are rather contentid withe their youngest masters of arte, yea and (as hathe bene experienced) with a bacchalor of arte brought into the regent howse against all reason and statutes. A mervelous matter that the)' can be contentid to burden with continuall preachinge bothe foer none and after none the hole number of re- gentes and non-regentes, and they theimselves not to be bounde to preache in the after nones, to incorage and give good example to the other, beinge of the younger sorte. The hole number of regentes and non-regentes have bene muche discomitenansed and grevid withe their impositions ; the non-regentes ever since coulde scant be gott to make a full congregation ; and now, God be thanked, the doctors, the regentes, and non-regentes, are all well cherid and cum- fortid withe these two graces ; the non-regentes are now as diligent as the regentes. And if it please your lordship, for the entire greate love you beare to the Universitie, to permitt these graces a fewe yeares, undoubtidlie your lord- ship shall finde therby much quietnes, much amitie, and frendshippe, to growe amonge learned men. I take God to recorde I have ever loved order, good ordinances, and statutes, and doe not give eare to innovations, as some doe, who have made and woulde make new statutes withoute any cause, as I shall declare, with other thinges, unto your lord- ship at youi' commaundement. I doe not gape for benefices, for archdeaconries, deneries, bishoprickcs, or any such like ; but only desire that my painefuU doingcs this yeare may be accepted accordinge to my good will, of your lordship and other my superiors, beinge marvilous sory that your lord- 274 DISPUTE CONCERNING THE TWO GRACES. [15S0 ship hath shewed your self to be offendid witli the Uni- versitie at their false complaintes. If you call to remem- brance, when you wrott your honorable lettres to me for the preservation of trees at Queues Colledge, I certified your honor how neccssarie it was that a great compasse of trees showld stand for the bewtie and defence of the col- lege ; truly I woulde not have consentid to the felKnge for an c.i^^- Did not they, notwithstandinge your lordshippes commaundement and my lettres, craftely and closely as- semble themselves together, and forthwith in my absence wrott to your lordship and to the earle of Lecester letters in effect contrary to mine ? Truly they are as Dodonei lehetes ; si moveas unum, moveris omnes. And where they clayme my often promisse that I woulde doe nothinge with- out their consent, it may be true in sum one matter in tyme past, as the case required ; but it is most false that I promised at all tymes so to doe. Thus your lordship may see that they are not ashamed to chalenge rule over the vice-chauncellor. This day, being the xxv*^ of Jime, there was a sermon ad clerum at St. Maries, and I caused the congregation to be continued to the schooles, and there were present Doctors Pearne, Styll, Fulke, Bell, Howland, and certeyne otheres of the headdes, and I think two c.*^ regentes and non-regentes, expectinge the readinge of lettres which were prepared for answer to your lordshippes letters, which I caused to be red openly before them all, and, as the maner is, willed the scrutators and proctors to proclayme, placet nobis ut literts modo lectce possint sigillari sigillo vestro communi, which was done and grauntid forthwith, amonge all the regentes and non-regentes, with great rejoys- inge. Now, my good lord, the heeddes began to fume and play their parte ; and woulde have had the lettres brought into a hedde, that any one of them might have denied the scale; which being never used in any other vice-chauncellors tyme I would not suffer. A wonderfull thinge that they 1580] COMPLAINTS OF THE VICE-CHANCELLOR. 275 showlde bringe letters from your lordship to the Univer- sitie, whiche they will not suffer the Universitie to make any answer unto. Ther was such a tumultuous noyse of them, that I dissolved the congregation for quietnes. Age- hatur ah illis quasi pro aris et focis, so earnest were they to stoppe the answer of the Universitie to your honorable letters; there was never harde of any suche stoppinge before. Likewise one of the proctors by their meanes did withholde his key, against all dutie, and which hath bene a great hinderaunce to the sendinge of these letters. Now that I have described in parte their bolde and shameles dealing (as I will answer before God) with the hole Uni- versitie (except themselves), I beseche your honor not to harken and give eare to them, being such as in respect of ambition care not what they rashlie doe and saye against your honors office here in Cambridge (I being your honors only depute), their offence is committed against your honor, whome thei woulde blinde with their flatteringes. But, in Godes behalf, I beseche you to heare the bringer of this letter, who can declare all the thinges which I have mentioned lyvely and truly: he is an ancient doctor, learned, sober, and discreete, whome I trust your lordship will well lyke of; to him I have committed certeyne thinges not writen, who shall give attendance for your lordshippes answer accordinge as your lordship shall com- maund at your owne leisure. I beseche your lordship to consyder the practise and sequele of theise complainantes, leste when the prickinge tyme of the nexte vice-chancellor and lectores shall come, if their complainte do take place, the vice-chancellor that now is be excludid with tlie other doctors. The maior of the towne shalbe alderman and a cownsellor ; the vice-chancellor, perhappes, and other doc- tors shalbe as under the degree of a master of arte, if theise parciall, ambitious, and malicious headdes may have their will. If your honor doe not permitt these graces, or 276 DISPUTE CONCERNING THE TWO GRACES. [1580 other wayse put to your helpinge hand for a redresse, the hole Universitie of doctors, rcgcntes, and non-regentes, wilbe utterly discoraged, and thinke themselves undone. Thus comittmge your honor to the Allmightie, I most humbly take my leave. Cambridge, 26° Junii, 1580. Your lordships ever at commaunde, John Hatcher, vice-chancellor. LORD BURGHLEY TO ARCHBISHOP GRINDALL. [From MS. Lansd. no. 102, art. 97.] 28 .Tunii, ] 580. — The copie of a lettre written to my lords grace of Canterbury, sent by D. Howland. Upon occasion of a contest between the vice-chancellor and the heads, both sent their re- presentatives to the chancellor ; but hee being busy intreats the archbishop to hear the business, and to send him his judgment of the suit by Dr. Howland. After my most hartie commendacions to your good grace, I am bold to impart to your grace such contentions and controversies as of late are fallen owt in the Universitie of Cambridge, where I am unworthely the chancellor, betwene the vice-chancelour and the doctours of the towne of thone part, and the masters and hedes of the colledges on thother part, towching two graces latelie propounded by the said vice-chancelour in favour of the doctours of the towne and others, wherewith the doctors being hedes find themselves greved for that such graces should be propounded and proceaded in without their privautie, as thei pretend, against the late statutes and ordonnances of hir majesty. And theruppon I do hartelie praie your grace, for that either partie have sent upp one, as for the vice-chancelour, Mr. Doctor Barrowe, and for the hedes of the colledges, Mr. D. Howland, master of St. Johns Colledg, to open unto mec, as well the reasons of the one, as griefves of 1580] REFERENCE TO ARCHBISHOP GRTNDALL. 277 thother for thes proceadings, to doe mee this pleasure and ease at this present, being buselie occupied here at the cort abowt sum greatar causes, as to here both the partyes, and to examin the same ; which I rather desire your graces travaile in, for that I am sure the University and there statutes are better knowen unto your grace than to me ; wherin if it shall please your grace to take paines by your self alone, or to call any others that have bene of the Uni- versity to assist your grace, as yow shall see cawse, besides that your grace shall doe a godly act in making a peace betwene them, yow shall doe mee a g-reat good turne at this time in easing mee of that travaile, which I canne hardly attend to with the rest of my busines. And to thend your grace male the better proceade therein, I have sent you such lettres as this present dale I have receaved from either part ; praieng your good grace that, after your paines taking, I male understand what your graces opinion and advise shall be for the quieting and ordering of this contention, and what your grace shall thynk mete for me, as the chancellor, to doe, for the stey of these innovations. THE ARCHBISHOP TO LORD BURGHLEY. [From MS. Lansd. no. 30, art. 52.] To the right honorable and my verie good lorde, the lorde Burghley, lorde high threasorer of Englande. After my right hartie commendacions to your good lord- ship, accordinge to the requeste of your lordships late let- ter, I have hadd before me this forenoone, beinge accom- panied with my neybor Mr. Deane of Westminster, Mr. Doctor Howlande and D. Barrowc, and heard at some lengthc what eche parte couldc saye ; and have thought 278 DISPUTE CONCERNING THE TWO GRACES. [1580 j^ood to sende unto your lordship herein the substance of that which was uttered on bothe sides. The controversie did stande in two principall pointes. First, whether thes two late graces were disorderly and sumwhat fraudulently obteyned. Secondlie, whether the verie matter and substance of the graces were againste the statutes. In the first matter we did not dwell longe, beinge a matter of circumstance ; yet thus much we perceive, that in the manner of proceedinge for the obteyninge the said graces, thinges were handled (though not directKe againste the wordes of the statute), yet with some cunnynge and fynenesse, and not so syncerelye as were to be wished in suche cases and with suche circumstance. Abowte the seconde we stoode moste ; wherein Doctor Howlande al- leaged the precise wordes of the statute, cap. 34°, that the prickinge (as they terme it) of ofllcers is by special] prive- lege in the same statute reserved to the heades of howses, and, by a latter interpretacion from your lordship, to the heades or their deputies. To that Mr. D. Barrowe alleagethe an other statute, cap. 42, entituled de officio cancellarii, wherein is a braunche that the chauncellour, or in his absence the vice- chauncelour, maye make newe statutes, with this proviso, sic ut ea his decretis nostris nihil detrahant aut officiant; which in this case (saieth D. Barrowe) this new statute to adjoyne the doctors to the heades of colleges doth not; allthoughe Mr. Deane and I are of contrarie opinion, re- ferringe the determynation to your lordship. The said Mr. Barrowe, for further defense, alleagethe an other sta- tute made by grace (as these two laste were) concerninge the scrutatours; which office is nowe brought from free election apointed by the queues majesties statute, cap. ?tQ>, to goe in course by combination, as the office of the proc- 1580] OPINION OF ARCHBISHOP GRINDALL. ^ril9 tors dothe. To this D. Howlande answered, that he be- leved your lordship was made privey to the alteration of that statute for the scrutatours ; and added further, that if error were committed in that, it was no sufRciente warran- tize for other errors afterwardes to be attempted, and espe- ciallie for thes late erroures in thes two laste graces, etc. And thus muche in substaunce was alleaged on bothe partes for the former grace to adjoine doctours to the heades for election of offices. For the seconde grace, that heades of colleges beinge divines shulde be bounde to preache in cowrse, as other younger men doe ; Doctor Howlande alleaginge that, by expresse wordes of her majesties statute, cap. 11°, they are not bownde further then there owne free good will shall move them. The wordes be thes : post tantum lahoris sus- ceptum, et tot pericula atque examina, nolumus plus lahoris doctorihus imponere quam ipsi volunt sua sponte suscipere. D. Barrowe, besides some glawnse att the usuall common place, that heades ought to geve good example, etc, alleaged that another of the quenes statutes, which appointeth order onely for sermons to be hadd on Sondayes before noone, was altered by grace to sermons on Sondayes and holy- daies, bothe fore noone and after noone: which was an- swered to be no derogation to the quenes statute, but con- trariwise rather a more ample accomplishinge of the same. A litle was saied also by D. Barrowe of the interpretacion of another statute, wherein is declared that it shall suffise to dispute twise againste a master of arte answering in divinitie ; where the wordes of the statute be, a man for his fourme to proceade in divinitie sholde dispute twise againste a batchelour of divinitie : and yet was it thought by D. Howlande that your lordsliips consente was geven to all the sayd interpretations and alterations. And suerlie, for the tyme to come, I wishe your lordship shulde geve streicte charge that no alteration or interpretacion of sta- 280 DISPUTE CONCERNING THE TWO GRACES. [1580 tute hereafter doc passe by grace before the same have ben seen and allowed by your lordship. Nowe, where your lordship is desirousc to knowe myne opynioii for quie tinge and orderinge of their contention, I kiiowe your lordship of your self can beste doe it; and I cowmpte the Universitie liappie that it hathe you for chauncelour in thes unquyet tymes; your wisedome and authoritie niaye worke more good with them then could be done otherwise. Notwithstandinge I will moste gladhe imparte myne opinyon, which is this: I thinke it verie requisite that thes laste graces shulde remayne as dassht, and not put in execution. The example will doe harme, if the queues statutes be thus tossed, and the plaine mean- inge of them overthrowen : so that some mylde admonition from your lordship, joyned with some exhortacion to Con- corde and amytie, I truste will paciffie the nowe vice- chancellour and the regentes, etc. who have of long tyme repyned at that statute for elections by the heades, al- thoughe the alteringe of it (in myne opinyon) wolde be occasion of many bytter contentions. And speciallie they will remayne the better satisfyed, if your lordship some waye signifie, that if the heades have any waye abused their privelege, ye will see it reformed for the tyme to come. On the other side, for the heades I meane, I wisshe that your lordship shoulde admonishe and exhorte them also to use their authoritie well and indilFerentlie, to chuse the beste learned for their lectures, and for the vice-chauncelour alwaies to pricke two fitt men ; and never hereafter to practize, that of the two nominated, one shulde be an imfitt man, and as it were a staale, to bringe the office to the other (which they did nowe in nomynatinge Doctor Hatcher, and taste of the frutes thereof) which ministreth a juste offense to the reste of the Universitie. I wishe also that the heades which are divines sholde be exhorted to prcache diligcntlie withowte compulsion^ 1580] LORD burghley's letter. 281 which will satisfie in the other pointe. And further, when the vice-chauncellour sendeth for assistance in conferences in pubHcke matters, I woulde hke well of it, if he sawte also for the doctors of lawe and phisicke to joyne with the heades; it wolde be some contentacion to them; and, in dede, so it was moste usuallye (thoughe not allwayes) practised in my tyme. This is my simple opinyon, to the which Mr. Deane also agreeth; referringe notwithstandinge the whole order to your lordship. I have warned D. Howlande and D. Barrowe to be with your lordshipe to morrowe morninge. I make the more haste because I wisshe thinges quyeted before the commencemente. I doe greatlie commende the sentences of humylitie and submission conteyned in the letters of the Universitie to your lordship. Godd kepe your lordship. From Lambeth, this laste of June, 1580. Your lordships in Christe, Edm. Cantuar. LORD BURGHLEY TO THE VICE-CHANCELLOR. [From MS. Lansd. no. 102, art. 99.] 1 Jiilii, 1580. — The chancellor to the vice-chancellor and University of Cambridge, sending down his own determination of the two graces. Sent by D. Barrowe. After my very harty and loving comendations, with wish- yng unto yow all, in generall and particular, the grace of Godes spiritt, to leade and conserve yow in concord and peace, so as the knoUedg of God may increase amongst yow, that by your altercations and dissensions the enemyes of lerning and of the gospell have not just occasion to re- joyce therof, and spredd abrodc slandcrooss reportes, to the defamation of the whole body of tliat famoss Universcty. And not without cavvsc do 1 symply bcgyn thus to wryte, 282 DISPUTE CONCERNING THE TWO GRACES. [1580 and from the bottom of my hart, perceaving as I have doone by late lettres reccaved, sealed with your commen scale, and subscribed in the name of yow the vice-chancel- lor and senate, and other lettres also from all the heades and masters of colledgcs, subscribed with ther own proper names, that ther is arisen some clowd, conteaning a matter of some tempest of controversy, amongst yow, which, if by some favorable wynd of admonition, in Godes name, the father of peace, it be not blowen over or dispersed, is lyk to power owt uppon the whole body of that Universety some contagiooss and pestilent humor of contention, sedition, or some worss thyng than I will name. And uppon the re- cept of these contradictory lettres, and perusyd the growndes and causes therof, I was somwhat comforted in that both partes had so curteoossly and reverently (which I meane in respect of the office I have to be your chefF chanceller) re- ferred the order and direction of all these begon controver- sies to my censure; wherin, although I thynk, by direct laws, ordonnances, and ancient customs of that Universety, I might challendg to my self such a power so to do, yet I cannot but very thankfully and comfortably accept this your courteooss and loving manner of yeldyng to be ordred by me. And therfor I have bene more careful! how to discharg my- self therin ; for which purpooss, without usyng any prejudi- cial! concept of judgment by myn own consideration of the cause, I did, by my special! lettres, presently recommend tliis controversy and the whole cause to the most reverend fatlaer in God, my very good lord the archbishop of Can- tyrburyes grace, requeryng hym both to consider of your lettres, and to heare as well Mr. D. Barrow, comyng with the lettres from yow the vice-chancellor, as Mr. D. Howland, master of St. Jhons Colledg, coming from all the heades of the colledges, and to peruse the statutes mentioned in this controversy, and to call to his grace also some persons of experience in such Universety causes : which I perceave. 1580] LORD burghley's letter. 283 and so Mr. D. Barrow can inform yow, his grace hath doone very dihgently and paynfully, as by his lettres to me his grace hath signefyed, delatyng to me at good length what ether party hath alledged for mayntenance or disal- lowance of the ij. motions called graces y wheruppon the controversyes have principally arisen. And therunto his grace hath playnly imparted to me what he thynketh therof ; wherwith, after some furder consideration of the particular chapters of the statutes ageynst which these graces have bene preferred, I do concurr ; and so, although verbally I have pronounced my opinion to both the for- sayd docters being the messagers at this tyme, who I thynk sufficient to declare the same imto ether part, yet I have thought my self not discharged in conscience and office without also expressyng my censure and determination, as your chancellor and cheff officer, in wrytyng ; which I most ernestly requyre you, 'per omnes charifates, to accept, as from on that herin am touched with no particuler affect towardes any persons ; but in the sight of God, whose as- sistance by his spyritt of peace I have invoked, I do de- clare my mynd as foUoweth, which, as your chancellor, I requyre to be obeyed and allowed. I do think and judg it mete and necessary, that the ij. late graces shuld be reputed as voyd and nul. On wherof was a motion to have all other docters, not being heades of colledges, to be joyned with the docters that ar heades of colledges in the poyntyng or pryckyng of officers, though by the statutes the same be expressly lymitted to the heades ; the second was, that docters in dyvinyte shuld be compellable to prech as frequently as other yonger de- vynes : which twoo, called by yow graces, though in dede disgraces to the quenes majesties statutes, may percase not be in precise wordes well avouched, because the same I have not presently with me at the wrytyng herof, yet my meaning is manifest unto yow, that I do deme and adjudg them to be 284 DISPUTE CONCERNING THE TWO GRACES. [1580 voyd, and not to be accepted as thynges to bynd any person tlierby. And thougli I have and do see manny reasons to move me hereunto, wherof I have expressed some to Mr. D. Barro, and that I hope ther will be none so unruly amongst yew as to impugn this my sentence, yet, as breffly as I may in a lettre, I will touch to yow a few reasons, as followeth. First, I can not allow to have any decres attempted to please a multitud, to the violation or alteration of any of hir majesties statutes, so lately with gret deliberation and advise made, and by that whole Universety accepted and approved, except ther shall be better consideration afor hand had than was in these procedynges ; wherin I may not forgett to remembre yow, that in respect of the office I have to be your highest officer, and have never shewed myself careless of your causes, it had bene at this tyme mete and congruent, and so thereafter ought to be, to have made me first acqueynted, and to have had my clere consent, as well to the violatyng or changyng of your statutes, as I was at the first a principall author to procure them to be made. And though I perceave and heare by some report, that some of yow have in your defence alledged that yow had hertofor ner twoo yeres past moved this matter to me, as in dede yow did, and that I had allowed therof, which is not so, I omittwordes of worss sense, to controll such reporters ; and some hath, as I here, in open assembly, alledged that I did to that end wryte my lettres to Mr. D. Rowland, than vice- chancellor, which he was charged to have suppressed. I am sorry in this, my commen lettre to yow all, to be con- strayned to use some sharper speche than my nature al- loweth of to be conteaned in a lettre from a chanceller to so lovyng scoUars as generally I esteme yow ; but my speches shall only touch the privat persons that have for- gotten ther dutyes, to alledg an untrewth ageynst me, and not contented to spek of me untruly, being absent, but have hazarded rashly ther creditt ageynst D. Rowland, that 1580] LORD burghley's letter. 285 was vice-chanceller, chargyng hym with suppression of my lettres. But, in few wordes, I afErme that I never did con- sent to this motion ; nether did I wryte any such lettres to D. Howland for that purposs. "Whan Mr. D. Hatcher, and, I thynk, his son-in-law D. Largher, and D. Barrow, as I remembre, moved me herin, and added an other matter, that the vice-chanceller and heades of coUedges did not use to mak the oppidan docters acqueynted with the Univer- sety causes, I answered, that I thought it reasonable they shuld be called, as others of ther degrees war, to be made acqueynted with the causes of the Universityes ; but to have au thorite with the heades in cases ageynst the statutes, I never assented. But I sayd I wold spek with the heades of coUedges therin ; as I did, and found good cause, in my opinion, as yet I doo, to the contrary ; and that is princi- pally because I thynk the statute very good as it is, to re- duce the nomination of these kynd of publyck officers to be doone by a nombre nether too few for lack of consideration, nor committed unto too many for feare of confusion : and none better can I thynk than the heades of colledges, or, in ther absence, ther vicegerentes, who ar to be thought to have best knolledg of ther companyes both for discretion and leming ; and fewer do I not thynk than all the heades of the colledges, lest some colledges might lack preferment; and contrawise to increase this multitud by forrayn docters that have not domiciUa Jixa, but ar here and ther at ther plesures, and have not other speciall care or certen knol- ledg of the lerninges and discretions of scollars in colledges, must nedes carry an absurdite ij. wayes: the on is, that the nombre of such extraordinary or extravagant docters may excede the nombers of the heades, to controll ther cen- siires grownded uppon knolledg; the second is, that ther may be by faction drawen a devotion of scollars from ther heades to serve the appetittes of forrayners, and so leave ther own fathers for step fathers. But because I se I 286 DISPUTE CONCERNING THE TWO GRACES. [1580 shulcl cxccdc the lyiiiitt of a lettrc, if I shuld prosequut this matter, I will alter my purpooss with concludyng my format sentence for both the graces, which without alle- gation of any argumentes ought to be accepted in favor of contynuance of lawes, ageynst any that will tak the office to abrogat ; which yow know how in some comenwelth was so mislyked, as they war ordered to spek therof with ropes about ther neckes, you can tell why ; and yet I do not lyke a stoyck maynteane this opinion, but I do know how the same may be lymitted in tymes and places. As for the intention of your last grace to compell docters to preach more oftenar than by constraynt they nede, I lyk well of all voluntary actions, specially in such actions as preaching is, wherin I thynk admonition more convenient than to mak new laws so sudderJy ageynst laws in use ; and so far furth am I moved to have them preach, as I wish them to lese the name and preferment of docters that will leave the office of docters, which is by etymology to teach. I must now end with my most harty exhortation to move yow all to concord, and to shew your ernestnes in observyng the laws which you have, and specially to be more carefull for government of the yowth of the Universety, being by com- mon report far out of order, in followyng all sensuallite in sondry thynges that I will not now name ; for I should than speke of sondry thynges ungratefull to heare, and yet not unknowen to yow that ar heades of coUedges, nor to yow that ar by mariadg heades of famylyes. 1580] LORD burghley's letter. 287 LORD BURGHLEY TO THE HEADS. [From MS. Lansd. no. 102, art. 98.] Primo July, 1580. — A copie of the lord treasurours lettre to the heades of coUedges. I HAVE receaved your lettres by D. Howland, master of St. Jhons Colledg, by which and by his report I have un- derstood manny more particular thynges than presently I am at lesur to answer by wrytyng; but consideryng the state of the controversyes arrisen, both for lacke of good lesure, and doutyng my own understandyng in such aca- demicall questions, I did commend the whole causes, with all appendances, to my lord the archbishop of Cantyr- buryes good grace, to be by hym considered at length, and to advertise to me his opinion, which he hath doone at good length; and therin after a furder privat waying of the matters, I have at on instant tyme impartid my deter- mination to both the messengers, Mr. D. Howland and Mr. D. Barroo ; and for a fullar satisfaction of the vice- chancellor and the body of the Universety, I have at more length than well my lesure served me for gretar matters at this tyme concerning hir majesty, wrytten, or rather in hast scribled, my lettres, to the which I dout not but Mr. vice-chauncellor will mak with the rest yow acqueynted; and therfor I omytt to repeate the same unto yow, prayeng yow, as heades or fathers of gret families, so to behave your selves in temperance as concord may rest in your famy- lyes, and that for no particular interest in gayne or pre- ferment the publyck bandes of charyty be broken ; but as yow can tech us your scollars under your pulpittes, so in your own actions let it appere that every on of your selves can forgyve the errors of others. And though I do disanuU both the graces, which are different in nature, yet for the better tendyng to increase prcching, though by any new 288 DISPUTE WITH THE TOWN. [1580 law yow be not compelled, yet se that yow be a law to your selves, that of non docendo you kepe not the name of doctores. And so by hast I end. From the court at Nonsuch, primo Julii, 1580. DISPUTE WITH THE TOWN, IIELATING TO AN ASSAULT COMMITTED BY A TOWNSMAN ON A STUDENT. [From MS. Harl. no. 7037, p. 297.] The true report of the fact, 1580. Upon Saturday, being the 28ti» of May, one Threader, a fellow of very evill usage divers ways, falling out with a bachelor of arts, called Sir Whitnell, one of the fellows of Trinity College, drew his dagger against the said bachelor ; the bachelor fearing fled from him as fast as he could, but Treader still pursued him with his dagger drawn, utter- ing most blasphemous and horrible oaths. At the length, for that the scholer had escaped, he threatned, in great fury, that he would be even with liim wheresoever he met him. The scholer the next day came to D. Bing, the de- puty for the vice-chancellor, craving a decree to convent Thredder, as also for that he feared, as he sayd, least Thredder, lying wait for him, should do him some mischief on the sudden. D. Bing granted a decree, and willed the bedell to summon Tredder to appear the next day before the vice-chancellor or his deputy. At the time appointed, being Munday, Thredder came. There being charged with the fact before rehearsed, and therefore lawfully convicted, and the said Sir Whitnell having taken also his corporall oath that he stood in fear of his life, or, at the least, of 1580] ASSAULT ON A STUDENT. 289 some bodily hurt at Thredders hands, D. Bing demanded of Thredder what he had to say why the surety of peace should not be granted against him ? Thredder a great while sayd many dilatory and impertinent speeches; in fine, being strictly urged to bring in sureties to be bound for him in that behalf, he plucked out of his purse, or pocket, a supersedeas which he had the day before ob- tained of the maior. D. Bing did consider of it as ef- fectually as he could; and by further questioning with Thredder did plainly perceive, that although the said supersedeas was conceived in generall termes, without expressing the name of the said scholer, yet the maior had been made privy that a scholer had complained upon Thredder before the maiors grant of the same ; whereupon D. Bing refused to admit that supersedeas, as directly opposite to the University charter, wherein her majesty hath by speciall wordes not only reserved to the University the cognition of all such trespasses against the peace, a scholer being party, but also utterly forbidden the maior, or any other forein judge or justice, to intermeddle there- in. And D. Bing added moreover, that he doubted how it could stand with the maiors oath to be privy to the cause, and yet, nevertheless, to make such grant, protest- ing that he would further complain of that dealing, as occasion should serve. After this speech, D. Bing forth- with sent for the register of the University charter, and out thereof did read openly in the presence of Thredder the wordes of the privilege concerning that matter ; and so determined that the said Thredder must either finde suffi- cient surety, or be committed. And having some space given him to try his friends, he made shew of a couple that should be bound for him ; but ere the notary came who should take their recognisance, one of them had with- drawed himself, whereupon Thredder was committed. 290 DISPUTE WITH THE TOWN. [1580 LORD BURGHLEY TO THE MAYOR. [From MS. Harl. no. 7037, art. 300.] A copy of my lord treasurers letters to the maior and burgesses of Cambridge, toucliing Threadder und Sir Whitnell, of Trinity College, written the 25th of Jun. 1580. After my hearty commendations ; I have received letters of late as well from the maior and aldermen as from my Lord Northe, as steward of the town of Cambridge, touch- ing one Thredder, a townsman, who, as I miderstand, was committed to prison by D. Bing, deputy to the vice- chancellor, for an assault made upon one Sir Whitnall, a bachelor of artes of Trinity College. In which your letters it seemeth you finde your selves much grieved, for that a supersedeas being granted by you, the maior, for the dis- charge of the said Threddar, was not allowed and accepted by D. Bing; complaining fui'ther, in generall terms, of sundry great injuries offered you by the University, such as you may not endure, but must rather be enforced to relinquish your habitations, as you write, and yet do not mention any particular matter other then this present cause before mentioned. Whereupon, having written my letters to the vice-chancellor and to D. Bing, misliking greatly that any just cause should be given unto you by them of any such complaintes as your said letters contained, I have received answere, that the supersedeas was in no wise to be admitted ; for that the same tended greatly to their prejudice, being directly against their charter, where- by the cognisance of all such trespasses against the peace (a scholer being party) are reserved to the University only, and as well the maior as all other foreign judge or justice utterly forbidden to intermeddle therein. And that D. Bing, when the supersedeas was offered, did as much mis- like your dealing, being privie that a scholer was a party, at what time you granted that supersedeas, as was likely 1580] ASSAULT ON A STUDENT. 291 by many presumptuous. All which notwithstanding, I am content to yeild that Threddar be bayled upon sureties for keeping of the peace against Sir Whitnell, as I have partly signifyed to Mr. Baron Shute, your recorder, whome I mett yesterday upon the way homewardes ; and to that effect I have written to the vice-chancellor and Mr. D. Bing. As for your generall complaintes, I pray you, when any cause shall happen betwixt the University and you that shall bread controversy, and wherein you shall think your selves injured, to advertise me thereof in particulars, otherwise these generall complaintes, containing no cer- tainty, can not have credit nor remedy, as perhaps may require. For as I am an officer of the University to main- tain and advance their lawfull piivileges and charters, and to preserve them from being impugned or impaired by you, so shall you at no time iinde me partially affected towardes the University that I vdll give them any assist- ance to do you wrong. And so trusting you will be sa- tisfyed herewith, I bid you heartily farewell. From my house in the Strand, this 25^^ of June, 1580. Your loving friend, W. BURGHLEY. LORD BURGHLEY TO THE UNIVERSITY. [From MS. Harl. no. 7037, p. 301.] To my very loving friendes Mr. Dr. Hatcher, vice-chancellor of the University of Cambridge, and to Mr. Dr. Bing, master of Clare Hall. After my very hearty commendations; I have received your letters, with a declaration of the cause concerning the committing of one Threddar, a townsman, for an assault made upon one Sir Whitnell, a bachelor of artes of Trinity College, wherewith I rest satisfyed touching your proceed- 292 DISPUTE WITH LORD NORTH. [1580 ings. Nevertheless, I have thought good to yiekl, that upon the finding of sufficient sureties for keeping the peace against Sir Whitnell, lie be put to liberty, as I have wi'itten to the maior and his brethren, and as I signifyed before to Mr. Baron Shute in his way to Cambridgeshire, with whonie I had some speach in that cause, and imparted to him the substance of your answeres. And thus wish- ing you good and amicable accord with them as your neighbores, to the furtherance of common justice, without prejudice to your charters and privileges, whereof I will always shew my self a ready furtherer and maintainer as I lawfully may, I bid you heartily farewell. From my house in the Strand, tliis 26*^ of June, 1580. Yoiir assured loving friend, W. BURGHLEY. DISPUTE BETWEEN THE UNIVERSITY AND LORD NORTH. LORD NORTH TO THE VICE-CHANCELLOR. [From MS. Harl. no. 7037, p. 292.] To my very loving friend, Mr. Dr. Hatcher, vice-chancellor of Cambridge, and to the rest of the governors there. Understanding (good Mr. vice-chancellor) by Killing- bancke my man, who came late unto me yester night, that he was summoned before you by a bedell, and hath, as it seemeth, rather followed some causes of her majesties within his office then obeyed that authority ; I am heartily sorry for his contempt herein, and am greatly grieved with him for the same, that he should in any wise refuse to obey the lawful! calling of a lawfull magistrate, which authority I both in conscience and by oath am bound to 1580] DISPUTE WITH LORD NORTH. 293 uphold and defend ; and therefore present my said servant unto you by my good friend, Mr. Goldwell, who was with me at the instant of his coming to me, to receive such correction for his contempt as shall seem good to your discretion for the quality of his offence : praying you most heartily to hear him speak, and thoroughly to examine the cause, before his condemnation; wherein you shall finde my man provoked with so many disorders, and so villainous speech uttered against me his master, as will somewhat lessen his oifence, and is impossible for any servant to bear, if he love his master. My man is well known to the Uni- versity and town that he is no quarreller, nor ever had unkinde action against scholer or other person for this 30 years. Now, Mr. vice-chancellor, and you, my masters of houses, it is not unknown unto you all, that lately, at Baron Shutts, I complained me of outragious deedes and words despitefully and villanously ministred against me. You all at that instant requested me to produce some one party, and you would then see reformation and due cor- rection on the offender. Some have sayd, it is impossible to finde a needle in a load of hay ; but I say, if there had been desire to finde the needle, the load of hay would have been rifled into. Since which time, by the great liberty of some idle and ill scholers, and by too much boldness, I have been most despitefully railed on, and most untruly reported of, by two scholers of sevcrall houses. The one of them, and the matter, I will discover unto you ; the other I will reserve untill the sequcll of this. There is one Usher, an Irishman, of Trinity College, who conti- nually raileth on me ; and because he would be sure to speake where it might be taken up, he uttered these words before Goodwin, my man : " I would God, he, my lord North, would come to the quarter sessions to give the charge again, that we might laugh at him." I tell you, Mr. vice-chancellor, and without interest to my self I speak 294 DISPUTE WITH LORD NORTH. [1580 it, that I wish all the divines in the University had heard what covirse I tooke in religion, and all the judges of the land had heard me for law, I durst and dare abide by the censure and judgment of them all. I take it in disdain to be abused by any idle scholer, or by the best of your body, being a magistrate and dealing in justice, to be thus railed on, despised, and publickly contemned. This scholer, and other his companions, do not only jest at justice, and me a minister thereof, but too abominably abuse the place of justice, where they come like lawless men, and keep sises and sessions, make judges, cryers, and prisoners, and so too jest and jibe at all our proceedings. When law is mocked, justices laughed at, and justice despised, this Uni- versity must needs prosper. Now you have the man, his matter, and abiding place. One other more grievous than this I still keep to myself, lately uttered against me. Seeke such remedy herein as may quiet the cause. This cause, Mr. vice-chancellor, now groweth to hard issue ; and be care- ful to foresee it. Your scholers do dayly and most outra- giously rail against me ; they are grown to marvellous lewd- ness and insolency ; and my servantes and friends, which have long born and forborn, do likewise grow to great stomach thereat, and that in such sort, as I pray the Lord God your wisedome may so temper the matter by due correcting the scholer, and so modestly use my man, as there follow no further fury, which we all may have cause to be sorry for. I have ever laboured to continue peace between both the bodies; I will avoid all parties taking, by all possible means that shall lye in my power. It proceedeth now to too hard terms ; the scholers sayth they will come by the lord North covered, and do it. Some say he is a foole in private matters ; other in justice come to laugh at him and scorn him. His men pass not free in the streets. The high ways cannot priviledge my lord from their slanders ; my mans house and yard cannot defend him from the 1580] DISPUTE WITH LORD NORTH. 295 scholers disorders. To conclude, if my lord be condemned by your scholers, himself and his men dayly abused; if even at this instant I have not good satisfaction, both of the scholer, and indifferent judgment of my man, who was provoked to this abuse and disorder by the scholers rayling of his master, I will presently ride to the court to com- plain; trusting in God that my men and friends will live in the fear of God, and learn to bear injury, and leave revenge to the Lord God. Howbeit I see the youths so warm, as if more follow, it will be hard to contain such a multitude as depend on me. To your wisedoms and considerations I betake the cause, my self freely forgiving all things ; and yet pray you advertise me what you do herein, for which purpose I send my friend, Mr. Goldwell, to you with my man. I am going towards court on Fri- day, before which time I desire to be satisfyed. I pray you bear with my long and undigested letter ; it is disscri- bled as fast as my pen can set it down. I know you for wise and godly men ; deal wisely. And so I bid you fare- well ; my self being somewhat moved with this continuall mischief against me. Kirtlinge, the third of August, 1580. Your loving friend, Ro. NORTHE. Concordat cum orisrinali. LORD NORTH TO THE VICE-CHANCELLOR. [From MS. Harl. no. 7037, p. 295.] To the right worshipfull my loving friend, Mr, Dr. Hatcher, vice- chancellor of Cambridge. If your neighbour Robinson (good Mr. vice-chancellor) have told you that he hath licence from me to shew certain games, surely I must needs confess that he abuseth me therein, or else I have too much abused my self in consent- 296 PETER BAKO. [1580 ing to so great vanity. Howbeit I do assure my self he hath nothing to show under my hand for any games ; or if he have, it is for lawfull games, which neither you nor any justice can restrain, seeing the hiw doth allow them. Sir, I do so much mislike these vain and idle toyes, as I will consent to none of them ; I do utterly mislike any assem- bly of people, without the service of God or her majesty. And therefore give my consent to withdraw him from any of his shews, although he have warrant for the same, which you shall not finde true. Concerning my man and Usher, though all things be not true according to the information given me, so do I not hear all to be untrue, and therefore leave the order to your good consideration, who I hear hath already handled the matter with good wisedome, for which I heartily thank you. And how much more easily you shall deal with me and my man, so much more a cause I have to thank you, and shall be the readier to requite it to your body. But if you fall to actions of slander, I trust you will give me justice, which will appeal for the same, even in great and grievous slanders, ministred against me. So I leave you to the mercy of our heavenly Father, who ever bless you. In hast, from Kirtlinge, the 20th of September. Your very friend, Ro. NORTHE. PETER BARO TO LORD BURGHLEY. [From MS. Lansd. no. 30, art. 66.] Illustrissimo ac sapientissimo viro, domino Burleio, sumnio hujus regni thesaurario dignissimoque Cantabrigiensis academise can- cellario. Cum Spartam, quam hie auctoritate ac suffragiis primari- orum hujus academiae virorum, mihique amicissimorum, 1580] PETER BARO. 297 nactus sum, nullis parcens laboribus exornare, jam totos sex hosce annos coner ac contendam : hoc est, quum tuse hujus academias utilitati ac dignitati inservire pro viribus quotidie enitar (praestantissirae domine), quumque me ante tanta cum humanitate mensa etiam tua excipere dignatus sis; hac fretus bonitate has ad te brevissimas Kteras scri- bere ausus sum, eas sperans tuae dignitati non fore ingra- tas : quibus te in primis quam officiosissime salutans, tuam de meo hie statu memoriam refricarem. Audisti enim prius a doctore Perne, qualis hie et quam tenuis mea sit conditio, imo te hujus rationem habitm-um ac mihi prospec- turum dixisti, cui verbo quia confido, tibi in memoriam hoc revocare ingratum non fore existimavi, ut si qua forte sese mei juvandi occasio offerat, earn tua erga me benevolentia effluere non sinat. Quid autem sit mihi commodum, id tua ipsius prudentia videre, et a doctore Perne rescire, faciHus potest quam a meipso: totum igitur hoc meque adeo ipsum tuae fidei ilHusque prudentise committens, Deum opt. max. oro atque obsecro, illustrissime domine, ut te huic regno, ecclesiae, et academiae diu incolumeni conservet, suisque bonis perpetuo cumulet. Cantabrigiae, xio. Kah Decemb. 1580. Tui obsequentissimus, P. Baro. THE UNIVERSITY TO LORD BURGHLEY. [From MS. Lansd. no. 30, art. 67.] 26 Nov. 1.580. Letters to be written to the vice-chancelor and others. Payment of commons. Writs of error. It maie please your good lordship to write your honorable lettres to the vice-chauncellor and masters of colledges in Cambridge, that all schollers of what degree soever maie dischardge their commons at the monthes end, otherwise 298 GRACES. [1580 to be put out of commons untill the time of the dis- chardge ; and that your lordship he enfourmed at the end of everie quarter who they be that have not paied. Fur- ther, it maie please your good lordship to speake one favorable word to the lord chiefe justice of England, that no writt of errour maie take place in the Universitie of Cambridge contrarie to the priviledge graunted by her ma- jestie, which hetherto hath not bene seen, and otherwise wold be a destruction to the whole Universitie. GRACES OF THE SENATE. Dec. 9, 1580. CoNCEDiTUR 9 Decembris, ut sigillum nunc oblatum per Matthseum Stokys, bedellum, veteri magis insigne, vestra auctoritate approbetur, et pro communi sigillo Universi- tatis habeatur, sic ut deinceps singula publice academiae nomine obsignanda hoc sigillo solo obsignentur, et vetus commune sigillum cancelletur. Dec. 16, 1580. Conceditur 16 Decembris, quum sigillum officii domini cancellarii valde parvum sit, et vetustate pasne consump- tum, ut ex argento ejusdem sigilli et aliorum duorum remanentium, quorum nullus nunc est usus, novum pro officio cancellarii et ejus deputati sigillum conficiatur, ad descriptionem et formam quas Matthseus Stokys, bedellus, assignabit. Dec. 16, 1580. Cum his quatuor aut quinque annis proxime elapsis multi artium magistri, parvipendentes jusjurandum suum academiae praestitum aut fidejussorum suorum securitatem, disputationes suas philosophicas intermiserint, in magnum 1581] BEAR-BAITING AT CHESTERTON. 209 academiae dedecus, et detrimentum baccalaureorum qui audirent aut responderent : Placet vobis, ut singuli non socii alicujus collegii dein- ceps, in ordinem ilium cooptandi, ante eorum admissionem realem cautionem quadraginta solidorum deponant in ma- nibus senioris procuratoris de cursu suo in disputando bene et fideliter observando ; quse summa illis Integra restituatur postquam compleverint praefatas disputationes : et ut haec concessio vestra pro statuto perpetuo babeatur, et in libris procuratorum conscribatur infra decern dies proxime sequentes. DISPUTE RELATING TO A BEAR-BAITING AT CHESTERTON. [From MS. Lansd. no. 33, art. 28.] April 1581. — Kesistance made against the proctor of Cambridg in- hibiting a bear-bnyting at Chesterton, on a Sonday in sermon tyme. Sonday, 22» day of Aprill, 1581. Mr. Nevile, proctour of the University of Cambridg, ac- companied with Mr. Farr, tasker, Mr. Huchenson, Mr. Farr, junior, and a bedell, sent by Mr. vice-chancellour to inhibite a bearebaiting at Chesterton, and finding the beare at stake, where he had ben bayted in the sermon time, be- twene one and two of the clock in the afternoone, was thus entreated as foUoweth. In primis, the bereward, asked by what authority, etc., made answere, that he was the lord Vaux man, and had fm'ther warrant from the justices; whereupon the proctour alledging the same to be against the priviledg of the Uni- versity, and commanding this bereward to cease of from that disordered pastime, and to attend upon the bedill, to whome he was committed for his appearauncc before Mr. 300 BEAR-BAITING AT CHESTERTON. [1581 vice-chancellour, this bereward at the first submitted him- self; but afterward, counselled and maintained by Richard Pcirrys, and John Daniell, Mr. Brakens man, and others of Chesterton, he refused playnly to go with them. Item, the said Richard Parris, brother to Thomas Parris, highe constable, in the name of the foresaid Thomas, for whome he alledged he was deputed constable, coming be- twene the bedill and the bereward, said that the bedell had nothing to do with the bereward ; and that the bereward shold not go with him, but be his prisoner ; and if he had committed any offence, they had to carry him before a justice, and not before the vice-chancellour : at which time this Parrys and John Daniell, Mr. Brakhens man, with others whose names are not knowen unto us, violently shoved and thrust the bedell upon the beare, in sort that he cold hardly keepe himself from hurt, and so after con- vaied the bereward away. Farther, this said Richard Parris, the constables bro- ther, bragged and said, that if evensong were don, when the schollers were gon, thay wold bayte in despight of them. Item, Jackson, the berewardes host in his house, charged by the proctour both for the berewardes forthcoming (when he saw the resistance made against the bedell) and his owne appearance before Mr. vice-chancellour, for the disorder then and there committed, made this answer, that he had committed no offence why he shold come before him, and that if he had, yet he wold not ; and how that Mr. vice- chancellour had no authority to call him before him. Moreover, the said Jackson, coming to the vicarage, where the proctour and his company were, acknowledged of his owne accord that Thomas Parris the constable had, in his heering, licensed the bereward, and said further to him, " It is very likely there wilbe resort of schollers, and that Mr. proctour will come to inhibite you ; which if he do, you shall not nede to obey his authority : I will bear you out." 1581] BEAR-BAITING AT CHESTERTON. 301 Also, tlie said Jackson offered and promised to appeere before Mr. vice-chancellour the day following, at one of the clock, if he had not advice by the constable in the meane time to the contrary ; but he came not. Item, the proctour and his company, meeting with Tho- mas Parrys the hedd constable, and enforming him what disorder they had found, received this answer, that there was no disorder, for he had seene the berewardes licence, and had allowed him ; whereupon the proctour alleging the same to be against the privileges of the University, he de- nied that we had ought to do therewith, affirming that he knew our priviledges as well as ourselves, and had in his house a copy of them. And whereas Jackson, before named, had before ex- cused himself for the forthcoming of the bereward, because, as he said, Richard Parrys, brother to the constable, had taken him into his handes, in the name of the constable ; the proctour then charged the constable for the forthcoming of the bereward, whereto the constable answered, that the proctour was much deceived so to charge him, for neither cold the proctour charge him, and being charged, he was to answer before a justice, and not before the vice-chan- cellour ; whereunto he added contumelous speeches, term- ing the proctour a petty officer, and the vice-chancellours man ; whereat the standers by of his owne company began to showte and laughe at the proctour. After the proctour then replieng, that for the compass of five miles he thought no justice of peace wold maintaine that doing, his answer was, that, but that the chief of the contry are now at London, he els knew a justice not farr off, before whose doore he might and wold baite the beares, the vice-chancellour himself looking on, and doing what he cold. 302 BEAR-BAITING AT CHESTERTON. [1581 THE VICE-CHANCELLOR TO LORD BURGHLEY. [From MS. Lansd. no. 33, art. 31.] As we are dayly bownd to pray to Allmightie God for yowr honor, and for the singuler great benclites the which thuni- versitie doth receave by yowr honor, to the great niayn- tenance and incoradging of us in good quietnes of owr honest studies, in godly exercise of virtue, religion, and lerning; so are we humbly to pray yowr honor the con- tinuance of yowr favor in owr honest, just, and necessarie cause at this tyme, for the mayntenance of the charters of thuniversitie, graunted by her most excellent majestic and her noble progenitors, and explicated and confirmed by yowr honor and by other of her majesties privie councell of late, for the perpetuall avoyding of all sutch occacions as might at anye tyme hereafter be offered or practised within V. miles of the sayd Universitie, to the great hin- derance or disturbance of the same ; besydes her majesties statutes, given under her broad seale of England, prohibit- ing the exercise of any sutch unlawful! games within the liberties of the sayd Universitie, vdthin the which the towne of Chesterton is contajmed, and so hath bene taken and reputed sith the making and graunting of owr last pri- viledg, geven by her majestic, and confirmed by acte of parleament, as appeareth playnly in the same ; the whole towne of Chesterton being within half a mile of the sayd Universitie, and wherof some part is within the sayd Uni- versitie. And yf they shuld not be within the jurisdiccion of the same, yt would be a place, an occacion, and harbor of great wickednes and disquiet of the sayd Universitie, as we have had great experience of late dayes, as shall appeare to yowr honor by Mr. proctors and Mr. Baxsters relation. 1581] BEAR-BAITING AT CHESTERTON. 303 Thus I do commend in my prayers yowr honor to the blessed tuition of thallmightie. Yowr honors dayly orator, Andrew Perne. THE university TO LORD BURGHLEY. [From MS. Lansd. no. 33, art. 29.] Honoratissimo domino, domino de Burghley, summo thesaurario totius Anglise et academise Cantabrigiensis cancellario dignis- simo. Ignosce quaesiunus (honoratissime Burghleiensis) si maxi- mis tuis occupationibus, quae nunc praesertim vix te re- spirare sinunt, brevem querelam, sed earn tamen neces- sariam, interponamus, rogemusque ut qualis in obtinenda libertate nostra fueris, talis quoque in propugnanda esse velis. Summam vero petitionis quam afFerimus paucis cognoscito. Superiore die dominico, rebus divinis potis- simum destinato, quidam e vicinia nostra Chestertonensi male sani homines, ut petulantia sua religioni quodamodo quasi fraenum injicerent, ursi exagitandi publicum spec- taculum ediderunt. Quos cum ea de re procancellarius statim per procuratorem admoneri citarique tanti sceleris autores aequum existimaret, intercessio turbulenta facta est per tumultuosum par fratrum, quos Parisios appellent, qui paucis abhinc annis in simili causa pcenas dedermit impro- bitatis suas primario justiciario. Jam vero cum pro officio suo procurator instaretvehementius, mirareturque quorsum tandem evaderet hsec eorum tam insignis contumacia, re- sponsum ab eis contumeliosum abstulit. Siquidem huiic aiebant miserum quendam planeque plebeium ac pluinbeum esse magistratum, nihilique futuram apud sc academicam auctoritatem jactitabant. Quidam ctiam portenta loqueba- tur, eoque ferocitatis provecti sunt, ut nisi nostri remisissent aliquid de justa severitate sua, periculum erat ne procura- 304 BEAR-BAITING AT CHESTERTON. [1581 torem simul cum suis omnibus male mulctatum dimisisscnt. Nihil moramur quam turpe sit privilcgia nostra (quJE ta- nien tibi pro singular! patrocinio tuo semper cara fuerunt) ab imperita multitudine contemni ; tantum hoc admonemus, nisi huic corum indomita? licenticC mature ac cclcriter oc- curratur, ista semel impunitate proposita, meretricio quaes- tui, totique adeo flagitiorum impurissimas cohorti, latebram apud eos fore opportunam. Atque huic inveterato morbo cum nobis integrum non sit aliquam salutarem medicinara adhibere, tuam divinam opem (quae solet in adversis rebus esse paratissima), quanta cum humilitate possumus, implo- ramus. Quod si aliquando, postquam deseruerint majora regni negotia, duos istos Parisios reliquosque conspira- tionis ejusdem socios per vmum aliquem e regiis nunciis accerses tantisque maleficiis debitam poenam infligas, pro- culdubio franges malevolorum hominum corroboratam jam audaciam, libertates nostras ab interitu vindicabis, gliscenti indies malo omnem aditum intercludes, caeterisque tuis de academia benemeritis cumulum adjicies isto facto longe maximum. Sed stulte facimus, qui a quo consilium expe- tere debemus, eum imprudenter moneamus. Quamobrem (illustrissime Burghleiensis) communem banc academiee causam, summam illam quidem ac soUicitam, totam pru- dentiae tuse permittimus, cujus uberiorem narrationem, ne nimis multa scribendo molesti simus, tabellario nostro re- linquendam duximus. Deus optimus maximus amplitudi- nem tuam nobis reique publicae diutissime servet incolu- mem. Cantabrigiae, 7^ Kalend. Maii, anno Domini 1581. Honori tuo perpetuo debitissimi, Procancellarius et reliqua capita collegiorum. 1581] BEAR-BAITING AT CHESTERTON. 30.5 DEPOSITIONS. [From MS. Lansd. no. 33, art. 34.] Maye 1581. — A certificat, under the hand of D. Perne, touching the evell dealinges of one Paris towardes dyvers schoUers. Thomas Parise, being head constable, dwelling at Chesterton, when ther was a match made betwixt certayn schollers of Cambridge and divers of Chesterton, to play at the fote bale, abowt twoe yeres past, the sayd schollers resorting thither peaceably, withowte any weapons, the sayd townsmen of Chesterton had layd divers staves secretly in the church porch of Chesterton, and in playing did pike quarrells agenst the schollers, and did bringe owte there staves, wherwith they did so beat the schollers that divers had there heades broken ; divers, being otherwise greatly beaten, wear driven to runne throughe the river ; divers did crye to Parise the constable to keep the queenes pease, who then, being a player at the foote bale with the rest, did turne to the schollers, willing them to keep the queenes peace, and turning himself to the townsmen of Chesterton, willed them to beat the schollers downe ; as yt was reported to my lorde cheef justice of England, and Mr. attorney, and the rest of the jus- tices of thuniversitie. For the which the sayd Parise, being head constable, was put into the castle by my lord cheef justice and all the rest of the justices ; amonge whom 1 did then sitt, and did hear the foresayd reported before the lord cheef justice and others, in the Dolphin at Cambridge. Bv me, Andrew Perne. [From MS. Lansd. no. 33, art 35.] Mail 1581. — The deposition of James Bates, of Chesterton, touching the evill dealinges of 1 homas Paris towardes divers scholars. James Bates, of Chesterton, in the countie of Cambridg, yeoman, of thage of xxxix. yeares, sworne, saith : That upon Tewsdaye, being Shrovetewsdaye was twoe yeare, some of the townesmen and yowght of Chesterton myndingto playe at the foteball, and looking for schollers, procured staves and other weapons to be sett in the church porclie of Chesterton ; and afterward, when they were hotte in playe, sodenlye one cryed, Staves ! and inconti- nently some ran forth with the staves, and so fell upon the schollers, and did beate divers of theim ; and some runnyng awaye, they did X 306 BEAU-BAITING AT CHESTERTON. [1581 folowe, and oaxised to swynime over the water. And longe Johan, servannt to Mr. Brakyn, did folowe one Edward Wylton, sclioller ofClarehall, with ajavelyn; and if this deponent had not rescued hym, he beleaveth he would have runne the said Wylton thorough, for so the said Johan said he would doe. Item, he saith that Tho. Parys, hie constable, was one of the players at the foteball at that tyme. Concordat cum originali. Ita testor, Mattheus Stokys, notarius publicus. [From MS. Lansd. no. 33, art. 32.] 6 May, 1581. — Depositions touching the resistance made to the proctor of Cambridg by Thomas Paris and Rich. Paris, at Chesterton. The examinacions and deposicions of Thomas Nevyll, master of arte, and proctour of thuniversitie of Cambridg, sworne ; Henrye Farr, master of arte, and taxer of the said Universitie, sworne ; Martyn Wylliams, bachiler of divinitie, vicar of Chesterton, sworne; John Hutchinson and Samuell Farr, masters of arte, sworne ; Johan Standish, bedell of the said Universitie, William Dant, Christof. Gryme, and Antonye Bende, servingmen, sworne, before Mr. An- drewe Perne, doctor of divinitie, vice-chancelour of the said Univer- sitie, the vj"' daye of Maye, 1581, towching certayne wordes and a facte done at Chesterton, in the countie of Cambridg, upon Son- daye, beinge the xxij. of Aprill last past; as doth and shall appeare by the subscripcion of their handes to the severall articles follow- ing, viz. 1. Upon a complaynt of the resorting to a beare bayting at Ches- terton of a great multitude of younge schollers,Tho. Nevile, proctour of th'universitie of Cambridg, accompaned with Henry Farr, tasker, Jo. Hutchinson, Samuell Farr, and a bedell, sent by Mr. vice-chan- celour to inhibite a bearbayting at Chesterton ; and finding the beare at the stake, where he had bene bayted in the sermon tyme, betwene one and twoe of the clocke in the afternone, was thus intreated as followeth : 2. Imprimis, the proctor askyng the bearward by what authoritie he bayted his beare there, etc. made answer, that he was the lord Vaux his man, and had further warrant from the justices; where- upon the proctor alledging the same to be against the privileg of thuniversitie, and commaunding this bearward to cease from that 1581] BEAR-BAITING AT CHESTERTON. 307 disordered pastime, and to attends upon the bedell, to whom he did committe hym for his appearance before Mr. vice-chauncelour, the bearward at the first submitted hymself. Tho. Nevile. John Huchenson. Henry Farr. Martyn Williams. Samuel Farr. John Standyshe. Signum Signum Christop. Gryme. W. Dant. Signum dicti Bende. 3. Item, where and when John Standish, the bedyll, went to apprehende the said beareward, Richard Parys said to the beare- ward. Doe not goe with him ; for if thow do, thow art a fowle : and long John said to the beareward, Thow shalt not goe ; and then the said longe John went betwene the bedell and the beareward ; and then the multitude thrust upon the bedell, and crowded hym to the beare, and shuted, Goe not, Goe not ; whereupon the bedell requested one to goe for Mr. proctour, to helpe hym ; to whom long John an- swered, that he might well goe, for he had nothing to do in the matter. John Standyshe. Signum dicti Grime. 4. Item, the said Richard Parys, brother to Thomas Parys highe constable, in the name of the forsaid Thomas, for whom he alledged he was deputed constable, commyng betwene the bedyll and the bearewarde, said that the bedell had nothing to do with the beare- ward, and that the beareward should not goe with hym, but be hys prysoner ; and if he had committed anye offence, they had to carie hym before a justice, and not before the vice-chauncelour: at which tyme this Parys, and longe John, Mr. Brakyns man, with others whoes names are not knowne, violentlye shoved and thrust the be- dyll upon the beare, in such sorte that he could hardlie keepe hyni- selfe from hurt ; and so after conveyed the beareward awaye. John Standyshe. 5. Item, this said Richard Parrys, the constables brother, bragyed and said, that yf evengsong were done, when the schollcrs were gone, they would go into a yarde, and bayte in dispight of theim. John Standyshe. Signum dicti Dant. 308 BEAR-BAITING AT CHESTERTON. [1581 6. Item, Jacson, the bearewards host in his howse, charged by the proctor bothe for the bearwards forthcoming (when he sawe the resistance made agaynst the bedyll) and his owne apearaunce before Mr, vice-chauucelour, for the disorder then and there committed, made this answers, that he had committed no oftence whye he should come before hym ; and that yf he had, yet he would not ; and how that Mr. vice-chauncelour had no authoritie to call hym before hym. Thomas Nevile. Henry Farr. John Huchenson. Samuell Farr. 7. Item, the said Jacson, commyng to the vicaredg, where the proctor and his company were sitting in the parlour, acknolegede of his owne accorde that Thomas Parrys the constable had, in his hear- inge, licensed the bearward ; and that the said Parrys said further to the beareward, Yt is veray likelye there wilbe resorte of schoUers, and that Mr, proctor wyll come to inhibite yow ; which yf he doe, yow shall not nede to obeye his authority : I wyll beare yow owt. Thomas Nevile. Henry Farr. Martyn Williams, Samuell Farr. John Huchenson. 8. Item, the said Jacson offered and promised to appeare before Mr. vice-chauncelour the daye folowing, at one of the clocke, yf he had not advise by the constable in the meane tyme to the contrarye ; but he cam not. Thomas Nevile. Henry Farr. Martyn Williams. John Huchinson. 9. Item, the proctor and his companye meeting with Thomas Parys the highe constable, and informyng hym what disorder they had founde, receyved this answere, that there was no disorder, for he had scene the bearewards licence, and had allowed hym ; wherupon the proctor allegyng the same to be agaynst the privilege of the Uni- versitie, he denied that we had owght to do therwith, affirmyng that he knewe our privileges as well as our selves, and had in his ho'wse a copie of theim. Thomas Nevile, Henry Farr, John Huchenson, Samuell Farr, 10. Item, whereas the said Jackson had before excused hymselfe for the forthcomyng of the beareward, bycause (as he said) Richard Parrys, brother to the constable, had taken him into his handis in the name of the constable, the proctor then charged the constable for the forthcominge of the beareward ; wherunto the constable an- swered, that the proctor was much deceyved soe to charge hym ; for 1581] BEAR-BAITING AT CHESTERTON. 309 neyther could the proctor charge hym, and being charged he was to answer before a justice, and not before the vice-chauncelour : and hereunto he added contumelious speeches, termyng the proctor a pettye oflScer and the vice-chauncelours man ; wherat the standers by of his owne trayne began to showte and lawgh at the proctor, withowt anye ill wordes or misdemaynor of the said proctor, or any of his com- panye, shewed at that tyme or any other to anye person there. Thomas Nevile. Samuell Farr. Henry Farr. John Huchenson. 11. Item, the proctor then replying to the said Tho. Parrys, constable, that for the compas of fyve myles he thought no justice of peace would mayntaine that doinge, his answere was, that the cheifFe of the countrey are now at London ; he els knew a justice not farr of, before whose dore he might and would baite the beares, the vice- chauncelour hymselfe looking on and doing what he could ; but what justice he should be, he did not then expreslye name. Thomas Nevile. Marty n Williams. Henry Farr. John Huchenson. Samuell Farr. CoUatione diligenter facta, concordat cum originali. Ita testor, Mattheus Stokys, notarius publicus. Et nos, Andreas Perne, sacrse theologiae professor, almse Univer- sitatis Cantebr. procancellarius, quia ad humilem antedicti procu- ratoris petiiionem, juramenti prsestationem exegimus, et priEmisso- rum omnium et singulorum testium depositiones audivimus, ideo in fidem et testimonium omnium prsemissorum sigillum officii nostri praesentibus ojiposuimus sexto die mensis Maii, anno Domini 1581, et regni dominee reginae Elizabethse, etc. xxiij"°. SUBMISSION OF THE OFFENDERS. [From MS. Lansd. no. 33, art. 33.] The submission of Thomas and Richard Paris, made to the right honorable the lord high treasurer of England. Pleaseth it your honour to be advertized, that where the proctours of the Universitie of Cambridg exhibited theire bill of complaint unto your honour, being the high chan- 310 BEAR-BAITING AT CHESTERTON. [1581 celour therof, towelling certeine disorders by us your poore supplieants, Thomas Paris and Richard Paris, done and committed against them at Chesterton, nere unto the said Universitie ; uppon the hearing wherof we are justlie by your lordship committed as prisoners unto the Gatehowse in Westminster. Whoe acknowledging our selves to be ofFendours thearin, and in hart verie sorie for the same our lewde demeanour and wilfull contempt both against your honour and them, doe most humbly besech your good lordships right honorable and accustomed clemencie and goodnes to forgive and remitt the same, and also to release us owt of prison, being verie poore men and at great charges. And wee, according to our most bownden duety, shall dailie praie to God for the prosperous preservacion of your honour long to endure. Thomas Pakishe. Richard Parishe, This submission signed the 17th day of May, 1581, in the presence of the lord Cobham and Mr. Roger Manners, esquier, at which time they wear enlarged. LORD BURGHLEY TO THE UNIVERSITY. [From MS. Harl. no. 7041, p. 150.] To my very loving friend, Mr. Dr. Perne, vice-chancellor, etc. After my hartye commendations ; I have receved your lettres towching the misdemeanor of the two Parrises, in resisting and otherwise abusing your proctors forbyddyng a bear bayting at Chesterton ; th'examination wherof, after your said proctor and bedell had tarryed some tyme here, I was fain to commit to my lord chief justice and Mr. attorney generall, being justices there of assise, myne own leisure not permitting me to attend to the same. By 1581] GRACES. 311 whose report, and summwhat of myne owne looking into the matter, fynding that the said Parrises proceedings had bene lewde, after a sharpe reprehension, I committed them both to ward for some dayes. Nevertheles, being very earnestly induced by my lord North for ther enlargement, and they confessinge ther faulte, by a submission which they made and sent unto me subscribed with ther hands, the which here enclosed yow shall receve, I was contented the sooner to enlarge them. And as towching the remov- ing of the elder of the Parisses from the place of high con- stable, I mean to deal with my lord chief justice and Mr. attorney generall, to take ordre therein, at the next being there at the assises. And so praying yow rather to de- termine the causes of contention, yf yt may be, amongst yourselves, then for everye such tryflinge cause to have recourse to me, being otherwise greatlye charged with matters of much more moment, for tliis tynie I bid yow hartelye farewell. From the courte at Wliite Hall, tliis 20th of Maye, 1581. Your loving frend, W. BURGHLYE. GRACES OF THE SENATE. June 10, 1581. CoNCEDiTUR 10 Junii, ut literae modo lectas sigillentur sigillo vestro communi. Item, decretum est ut posthac perpetuo nihil petatur in senatu sine consensu capitis. June 30, 1581. Cum illud a vobis pro musarum dignitate sapienter sit constitutum, ut certa mercede conductus eligatur quispiam qui communi bibHothecac praeficiatur, acaderaia vero per 312 PERSECUTION FOR PURITANISM. [1581 se sola a natura potius ut persolvcre velit quam a fortuna ut possit parata sit : Placet vobis, ut quod uni nimis grave videri possit matri academiae, id omnibus conjunctim filiolis imponatur, ita nimirum ut et lioc praesenti anno primuni et caeteris qui subsequentur deinceps omnibus, quieunque ad aliquam in republica literaria dignitatem provectus sit, quasi sym- bolum aliquod conferat ad ipsam quara volumus mercedem conficiendam, viz. in artibus baccalaureus 4c?., in artibus incipiens et respondens quisque in jure 8d., in theologia baccalaureus I2d., doctor autem unusquisque cujuscunque fuerit facultatis I6d. ; atque hoc vestrum decretum pro statuto deinceps liabeatur. LORD BURGHLEY TO THE MASTER AND FELLOWS OF TRINITY COLLEGE. [From MS. Lansdown, no. 102, art. 103.] M. of the chancellors letter to the master and fellowesof'Trinity Col- ledge in Cambridge, towching their depriving of one Medolph for certain opinions, which the chancellor thought too severe for his offence. After, &c. Wher I am given to understand by sum personages of good regard that you have latelie intended the deprivacion of one Medolph, fellowe of your howse, for sum opinions mainteined by him wherwith he was charged; and whereto, as it semeth, he hath not by his awnsweares satisfied you, as being not thowght by yowe sufficient to awnswere his accusacion, being peradventure more hardlie construed then his meaning was by his said awnswere, if the same weare to be interpreted indifferentlie and according to his meaning ; and though happehe the offence of the said Medolph male be verie great hearein, 1581] PERSECUTION FOR PURITANISM. 313 and deserving punishment, yet seing the proceading of yowe against him in so hie a degre as deprivacion is, is as great a punishment as can be inflicted upon the greatest disordered person in anie societie, whereto it is thought tliis liis offence cannot anie waie cum neare, and being as great a punishment in such a civill governement as death to a malefactour and infringer of the lawes in his kind, I cannot thinke it convenient, neither doe I allowe, in a societe professing Christian relligion and charitie, anie such extreme punishment to be imposed uppon anie, especiallie being fellowe and of accompt and creditt in a publique university and societie as yours is, without greater and more urgent cawse therto than I understand. And there- fore, or ever you shall proceade to the publicacion of your deprivacion against him, I am to and heareby doe require you to stale the same, untill such time as you shall have sent upp to mee the articles wherewith you charge the said Medolphe, and wherto he hath made his awnswer that doth not satisfyce yow, that it male be considered howe farre his offence shall deserve such strict punishment, or mitigacion as shall be thought to awnswer the qualety of his offence, or that he may be induced by fayer meanes to satisfyce yow. And if yowe shall have anie further or other matter to charge the said Medolph with then this to which he hath made awnswere, you shall doe well likewise to send the same upp to be likewise considered of; for my meaning is so to temper this cause as nether I wold have any errors or offensyvc opinions maynteaned ageynst the state of our chirch, nethar yet wold I that every opinion misconceavcd, or opinion that may by argument be inter- pret offensyve, shuld so sharply be punished as I know deprivation is to a poore student and scollar, whose refor- mation wer to be otherwise sought in a cause of no gretar weight than as I am informed this is. •21 July, 1581. Sll" DISPUTES IN CAIUS COLLEGE. [1581 INTERPRETATION OF A STATUTE. Oct. 20, 1581. Cum 12° Octobris, 1581, quinque viri, juxta formam statuti iiicle editi, pro capite senatus nominati fuissent, et unus eorum illucl onus in se recipere, antequam eorum nomi- natio in senatu per alteram procuratorum promulgaretur, recusaverit, quaestio orta est, an novus in recusantis locum eligentium punctis secundo subrogaretur, an maximus se- nior ejus ordinis sive faeultatis substitueretur ; 20 Octobris, 1581, per interpretationem domini doctoris Perne, vice- cancellarii, D. Hawford, Fulke, Goad, Norgate, Harvy, et Legge, et magistri Tyndall, liujusmodi dubitatio sublata est, determinantium scil. novum eligentium punctis denuo as- signandum fore quamdiu procuratores electionem in senatu non signiiicaverint, sed post liujusmodi signiiicationem maxime seniorem esse substituendum. Int. Stat. Univ. Stat. p. 326 5 Grace Book, A, fol. 134, b. ; Copies of Charters and Statutes, p. 273. DISPUTES IN CAIUS COLLEGE, AIlISINCi OUT OV THE ALLEGED PAPISTRY OF THE MASTER. COMPLAINT OF THE FELLOWS. [From MS. Lansd. no. 33, art, 56.] We, whose names ar underwritten, havinge heretofore made due relation and complaynt, according to the true meaningc of the statutes of our colledge, as well to the 1581] COMPLAINT OF THE FELLOWS. 315 master of our coUedge as to our visitors and superinten- dentes, of divers and sundry the things and defaultes here- under specified, and the same have not beene redressed or ordered accordingly ; and likewyse being enjoyned and appoynted to open and make complaynt of the residue of the crimes and disorders hereafter particularly set downe, by the authority of the cheefe chauncellor and the vice- chaunceller of this University, do in the best and most effectuall manner that we may, and as far forthe as the statutes of our said colledge do suffer and permytt, and not otherwyse, exhibite, propounde, and make complaynt as foUowethe, and under the same our like protestation do mynde to prosequute and prove the same, and not other- wise. Allwayes provided that the intent and meanyng of the said partyes complayning, and opening or making re- lation of the matters conteyned in the articles hereunder written, is not to bynde them selves jDrecisely to the forme of wordes hereafter set downe, neyther exactly to tye them selves to tyme and place mentioned in the severall articles, nor yet to an absolute proofe of the whole matter and every circumstaunce conteyned in any one or more articles ; but they and every one of them, so farre forthe as shalbe expedient for them, and not otherwise, do re- quyre that the contentes of every article may be reputed and taken as yf they were propounded joyntly and seve- rally, and as thoughe every matter, thinge, clause, or worde therin contayned were set downe and articulated by it selfe. And the partyes aforesayd, in all and singuler the sayd articles wher mention is made or to be made of tyme, have relation to the whole time of D. Leggs master- ship, and every parte therof, as shalbe most expedient for them; and wher mention is made or to be made in the sayd articles of any place, they will have sutche place understoode within the colledge or without, as shall or 316 DISPUTES IN CAIUS COLLEGE. [1581 may best agree with the truthe of every severall fact or matter articulated, and not otherwyse. John Paman. Thomas Hawes. KicHARD Gerkard. Michael Rabbett. Paule Golde. Thomas Howse. Roger Browninge. ARTICLES AGAINST THE MASTER. [From MS. Lansd no. 33, art. 46 and 47.] Certeyne disorders for education of youthe since the tyme D. Legge liathe beene master of oure Colledge of Gonvill and Caius. Imprimis, that Mr. D. Legge, master of our colledge, bothe before his comminge to the colledge and since, hathe beene allwayes sus- pected to be corrupt in religion. 2. Item, that the masters puples, as well thos that he brought with him from Jesus Colledge, as thos that he hathe since receyved, have been for the most part eyther open papistes, or suche as have given greate cause of suspicion of papistry, and for the most part the sonnes of suspected and knowen papistes, and so knowen unto him to be, and have departed from the colledge not reformed. 3. Item, that one Grimston, when as a generall communion was commaunded in the howse, sent letters to his mother, requestinge her speedily to send for him, least that he should be infected with heresy ; alledginge that he had offended in comminge to common prayers, but that he would not in any wise communicate nor heare sermons, neyther yet had so doone. The coppy of this letter is yet remayninge. The matter beinge complayned of to the master, the party so offendinge was neyther removed, reformed, or any way punished, but continued in the house, lyvinge in the former disorder, by the space of halfe a yeere, and then went away voluntarily and solemnly. 4. Item, that St. Quintin, Mr. Swales puple, did openly call Mr. Nowell, deane of Powles, heretick ; relation wherof was made to the master, but no reformacion or punyshment used. 5. Item, that one Fingley, belonginge to the master, and made 1581] ARTICLES AGAINST THE MASTER. 317 butler of the howse by him without consent of the fellowes, was a o-reate perverter of youthe in the house ; one that never came to prayers nor sermons, as the master well knew, and yet greatly favoured by him. 6. Item, that immediatly uppon his comminge to the colledge, by his importunate labour he brought in one Depup to be fellow of the howse, a man greatly suspected to be popishe, and otherwise well knowen to be notoriously vicious ; and suche an one as of whom the founder had so greate mislikinge, that he gave especiall charge before his deathe that the sayd Depup should never be fellow. 7. Item, that men notoriously suspected abroad resort unto him. 8. Item, that rydinge abroad into the country he resortethe to the bowses of suspected or knowen papistes. 9. Item, that in the University, for the most part, he useth the company of persons vehemently suspected in religion. 10. Item, that about Whitsontide was a twelfe monethe, after a sermon made in St. Maryes by Mr. Gerard of our howse, in the which uppon occasion he spake against papistes and seducers of youthe, the master, immediatly uppon the said sermon, in greate displeasure, sent letters unto Mr. William Gerrard his father, that in any wise he should send for his sayd sonne from the University, least he, the said Mr., should rewe it. And after that in private speeche said, that in the same sermon he and his president were touched so neerly, as yf they had beene pointed at with the finger, or named by name. 11. Item, that since that time, uppon no just occasion, but con- trary to statute and without consent of the fellowes, very contenti- ously he cut the said Mr. Gerard es name out of the buttry ; charged the fellowes not to keepe him company, or repute him as fellow ; and used all the meanes he could to expell him the colledge : wheras many detected of manifest papistry were never punnyshed accord- inge to ther desertes. 12. Item, that Mr. Muffet, a very propper scholler and very forward in religion, beinge first kept back from his degree by the master, was afterwards expelled the howse by him without consent of the fellowes, and billes sent about the towne that he was expulsed propter mores corruptos, nothinge beinge alledged against him, but that he had proceeded master of art in another colledge ; since which time divers schollers of our howse havinge beene convicted of papistry, and complaynt made of them to the master, have eyther 318 DISPUTES IN CAIUS COLLEGE. [1581 contynued still in the liowse un reformed, or else departed without any reproche. 13. Item, that one Osburne beinge convicted of papistry, the master did not expulse him, as he ought to have doone ; but was greevously offended with one Greenhill, then Osburns chamber-fel- low, thrcatning to expulse him, and gevinge out very evill speache of him to his freiades, for detectinge the forsayd Osburne. 14. Item, that the said Greenhilles schoolemaster, called Cham- bers, an owld companion of the masters, and a very notorious papiste, comminge shortly after to the towne, was also greevously offended with him for the same matter ; exhortinge him to beare with Mr. Legges religion, which, he sayd, was as his owne ; and the which, he beinge a younge man, might not in any wise to controll. 1.5. Item, that one Mr. Babthrope, the masters puple, and a longe time his bed-fellow, did usually weare about his neck, next to his shirt, very secretly, a crucifix of sylver. So likewyse did Mr. Pawlet, the masters puple, lyenge also in the masters bed-chamber. 16. Item, that one Mr. Stapelton, the masters puple, had many papistical! bookes lyenge openly in the masters bed-chamber by the space of a quarter of a yeare at the lest, which could not be un- knowen to the master. 17. Item, that Mr. Bapthroope aforesaid, and Mr. Aske, the masters puples, had the like bookes lienge in ther studyes, which was also well knowen to the master, two of the which bookes ar yet remayninge to be scene. 18. Item, the said Stapelton, openly knowen to be a papist, labored by argument to pervert others ; relation wherof beinge made to the master, his tutor, no redresse followed. 19. Item, the said Mr. Stapelton made report to Mr. Howse, then his reader, that he wondred that the master, his tutor, beinge a notable and lerned catholick, would lyve here contrary to his con- science, whereas beyond the seas he might enjoy the liberty of the same, and be sure of greate preferment. 20. Item, that one Lusher, the masters puple, beinge dehorted from papistry by his reader, Mr. Howse, made aunsweare, that his mother had requested the master to trayne him up in papistry. 21. Item, the suspected and knowne pajjists of the howse have had private conventicles ordinarily in the masters galery and in the chamber over the library, beinge parte of the masters lodginge, and 1581] ARTICLES AGAINST THE MASTER. 319 for the most part in the time of common prayers and sermons, which could not be unknowne to the master, he himselfe beinge often absent from the sermons as well as they. 22. Item, that Barwick, Mr. Swales puple, in an examinacion before the master, beinge asked whether he knew any other matter that he had not yet confessed, made aunswere that he knew no- thinge, savinge that he had heard ther was a masse sayd by Fingley (before mentioned) in our masters greate chamber over the j^arlor, which was also a common report that Fingly was in his trajspers ; but no further enquiry was therof made by the master. 23. Item, about two yeres since the whole company of scoUers in the howse seemed to be divided into protestauntes and papistes ; so that ther weare greate conflictes and common contentions among them in every corner of the howse, whiche was well knowne to the master ; the papistes seekinge to pervert others under colour of dis- putation, to the greate daunger of the youthe, and the greefe of suche as were well disposed, but could not amend it. 24. Item, one Cuttinge, a singeinge man of Kinges Colledge, a secrete and famyliar companion of the masters, beinge trobled in mynde, cryed out in the open streates, and afterwardes in his sicknes, Dr. Legge an horrible papyst. 25. Item, about this time two yeare the master and presydent rydinge abroad, appoynted Mr. Church, contrary to statute, to pro- pound the grace of one Sayre, the presidentes puple (now reported to be fled beyond the seas for religion), to be bachilour of arte, the whiche grace beinge three severall times propounded, and as often denyed of the company, Mr. Church, without consent of the greater part of the fellowes, put up his grace to the heades in the regent howse flat contrary to statute. 26. Item, the sayd Sayres grace being stayed in the head, the master at his returne caused it to be propounded to the University the second time ; havinge no farther graunt of the fellowes then before, and beinge then himselfe one of the heade, gave very hard wordes unto him that denyed the grace ; and the next yeare after stayed the sayd partyes brother divers congregacions uppon this quarrell. 27. Item, the causes why the said Sayre was stayed by us from his degree were thes : first, for that he by secreat conference had laboured to pervert divers schollers, and some had perverted ; secondly, for that he had used divers allegations against divers poyntes of Mr. Jewells booke ; thirdly, for that he had bene of 320 DISPUTES IN CAIUS COLLEGE. [1581 greate and familiar acquayntaunee with Fingeley, a pernicious papist ; fourthly, for that he had used to gather together papisticall bookes, and to convey them secreatly into the country. 28. Item, when a generall communion was commaunded by the vice-chauncelour immediately after the fast, divers of our schoUers withdrew them selves, and went into the country uppon that occasion. 29. Item, immediately before this communion, the master, Mr. Swale, and Mr. Burton, havinge neyther before nor since used openly to dispute in matters of religion, toke uppon them at the common table, in the hearinge of the schoUers, the defence of dissimulation, and attempted to prove yt to be lawfull to dissemble by divers argumentes. 30. Item, presently after this disputacion, five of our schoUers, namely, Mr. Roockewood, Sayer, Flack, Foster, and Barwick, gathered them selves togither, to consult whether it weare lawfull for them to dissemble or not ; to the which disputacion, to determine the controversy, Barwick brought with him an epitome of the gene- rall counsells, borrowed of Smyth. 31. Item, upon this meetinge, some of them were of opinion that they might receyve the communion as bare bread and wine only, and not offend ther conscience ; others thought good to absent them selves, and to walke into the fieldes, in the time of the communion ; only Barwick thought it not lawfuU to dissemble, but openly pro- fessed him selfe to be a papist, and that he had beene alwayes so brought upp. 32. Item, att the same communion, which we ar ashamed to utter, ther was wine spitt out uppon the deske by some of the com- municantes. 33. Item, that about this time twelve moneth, the forsayd Sayer, Mudd, Foster, and others of Mr. Swales puples, not without just cause suspected in religion, were propounded to the company to be bachiloures of arte ; and beinge uppon this suspicion denyed by the one parte of the fellowes, the master, Mr. Swale, and ther adhe- rentes, stayed likewise diverse of our puples, beinge very good schoUers and very forward in relligion, and, as they themselves confessed, without exception. 34. Item, the master, desyrous to seeme indifferent in this matter, and protestinge to be wUlinge to pleasure our schoUers with all his hart, refused flatly to propound them to the company when we had procured sufficient voyces for them ; and so our schoUers, beinge of 1581] ARTICLES AGAINST THE MASTER. 321 the beste and forwardest in the howse, were finally stayed from ther degree for that yeare, to the greate discoraginge of the well desposed, and the greate encoraginge of the contrary. 35. Item, one Barnham, a pernicious seducer of youthe, allowed by the master to attend uppon his puple Mr. Huddlestone, put a crucifixe in the said Huddlestons mouthe, beinge deceased, sayinge certayne popishe verses over him ; abought the which Mr. Huddle- stone, beinge dead, ther were also tapers burninge, and redd clothe provided to make crosses on his hearse. 36. Item, the master, in all elections and propoundinges of schoUers, usethe to name first Mr. Swales puples, and sutche other as are most suspected in religion, that yf they be denyed, he may (as he commonly doethe) breake of for that time, and not att all propound the better sort ; and havinge so doone, seekethe to com- pounde with the feUowes for ther voyces. The like he dothe also in choosinge officeres. 37. Item, that the common fame is, and hathe beene all the time aforesayd, as well within our sayd colledge as in this University of Cambridge, and other places therunto nere adjoyninge, that all and singuler the contentes of the articles above written, or for the most part, were and are true. 1581. Matth. Stokys. Conceminge the decay of revenewes and defaultes in goverment of the colledge duringe the time that Dr. Legge hath bene master. 1. Imprimis, wheras the statute (under payne of expulsion ipso facto et restitutionis rei ahlatce) providethe that none of the sayde colledge {sive custos sive socius) shall impropriate or take to him selfe any thinge belonginge therunto, the master. Dr. Legge (contrary also to his othes bothe of master and of burser) hathe, by the space of viij. yeares, at the least taken yerely of the colledge treasure to the some of iiij''- xiij" iiij''" to his owne propper use, amountinge in the whole to xxxvij"" viij"' viij"*', or theraboute. 2. Item, wheras the statute providethe that no man shall do his owne busynes uppon the colledge charge, the master, beinge cast in the Fleete for contempt of her majestyes lettres, and that by his owne default only, hathe put the colledge to the charge of ten poundes, contrary to the said statute, as also to his othes and sta- tutes before mencioned. 3. Item, wheras the statute willetlic, for the betteringe of the Y 322 DISPUTES IN CAIUS COLLEGE. [1581 colledge reall estate, eyther to rayse rentes or take fines to the col- ledge use, in lettinge our landes not lately improved, the master never as yet (that we can remember) did eytlier of bothe, but be- stowed them, without any respect of the colledge commodity had, att his nwne pleasure. 4. Item, the colledge liowses ar sufFred by him to fall in decay ; and some of our landes ar in doubt to be lost for want of orderly and sufficient survey, accordinge to statute ; as at Rongton, Croxley, at Matsall, Hockhold, and Wilton. .5. Item, contrary to his othe of master taken, he hathe bestowed the colledge treasure otherwise then it ought to be bestowed ; as, first, in that he hathe geven to his servaunt, by the terme of fowre yeares or theraboutes, the porters stipende, to the value of five markes yearly, and that without consent of the fellowes ; his man beinge also uncapable therof, as under the age of xl. yeares, and not wearynge any suche livery as by statute is enjoyned him. 6. Item, contrary to his said othe, he hathe also bestowed on Fingley, an arrant papist, the office and stipend of the butler ; and that of his owne authority, without the consent of the fellowes. 7. Item, contrary to the foresaid othe, he kept Atkinson in the office of cator, by the space of halfe a yeare, payinge him the wages therof, contrary to the mindes of the fellowes, and refused to choose any other, although he were altogither unfit for the same. 8. Item, the foresayd Atkinson beinge dead, the master, con- trary to the same othe, placed in the same office of cator one Harri- son, Mr. Swales puple, without consent ; which because that by statute he cold not safly perfourme, he bare the fellowes in hand that he could shew an old decree permittinge the same, which decree notwithstandinge hitherto he hathe not shewed. 9. Item, wheras the statute willeth that stewardes of our coortes and bayliffes of oure mannors should be yearly chosen, he wholy neglectethe the same; so that, by reason therof, we never have any rooles of cortes or billes of extentes sent unto us, as the statute requirethe, neyther in our rentes and suche like, gathered by any lawful! officer; but himselfe dealethe as him likethe in all such matters. 10. Item, he constrayneth not (as the statute exactethe) the fer- raers to bringe in or pay ther rentes in due time, bearinge the fel- lowes in hand that he would reenter yf they would permitt him, wheras the statute commaundethe the same ; by reason wherof our accomptes ar for the most part imperfect. 1581] ARTICLES AGAINST THE MASTER. 323 11. Item, att this present our acconiptes ar not accordinge to statute finished, and that by the masters default, fFor so muche as he (for the most part) hathe violated or neglected all things belong- inge to his othe of burser, as followethe. 12. First, in that he hathe not dealt faythfully with the colledge in the same his ofl^ce, havinge withheld to his owne use unlawfully suche monye as is before mencioned in the first article. 13. Secondly, in that he hathe not left unto the colledge, at every yeares ende, his bookes of accompts fayre written, but kepethe them to him selfe, dealinge therin very suspiciously with the colledge, con- trary to his sayd othe. 14. Thirdly, in that he joynethe not the other burser with him in any of his dealinges, accordinge to the statute. 15. Fourthly, he receyvethe not the colledge rent in the place appoynted, neyther havinge his fellow burser with him. 16. Fiftly, in that he dothe not presently cary upp the foresayd money into the treasure house, but keepeth it in his owne hand so longe as pleasethe him, his sayde othe enjoyninge him not to recey ve in his hande att once above the somme of five poundes. 17. Sixtly, in that he keepethe his fellow burser ignoraunt of all his dealinges, not permittinge him to have to do therwith, alledginge for him selfe his continuaunce in sutche manner of dealinge now by a longe tyme, albeit against his sayde othe ; so that the accomptes ar not rendred to the colledge by them bothe joyntly, neyther is every particular summe subscribed with bothe ther names, set downe with ther owne hands, as the statute willethe. 18. Lastly, in that he causeth not indentures de collegii statu, et de toto remanente residua, to be drawen at thende of every accompt, refusinge to make them after the forme used by the space of many yeares. 19. Item, when ther were thre sales of tymber made at our man- nor of Croxeslye, to Mr. William Gerrard of Harrowe uppon the Hill, two paymentes wherof the master hathe receyved, we are de- syrous to be satisfyed by the sight of the booke of accomptes, which the master imjustly and suspitiously denyethe unto us, whether the sayd mony be aunswered unto the colledge, or not. 20. Item, wheras the statute commaundethe that our election of officers should be finislied in Michelmas account, tlie same hathe beene difierred by the master from tyme to tyme, contrary to the statute ; so that the bowse remaynethe cvill governed, and the youthe not instructed as they ought ; and this by the masters default. 321 DISPUTES IN CAIUS COLLEGF,. [1581 21. First, for that he hathe not propounded all officers to the company. '22. Secondly, for that he hathe not taken the voyces of all the fellowes for thos officers which he hathe mencioned. 23. Thirdly, for that he hathe offered suche men unto the com- panye as ar eyther not eligible by statute, or suche as ar unmeete to be chosen to thos offices for which they were named. 24. Fourthly, for tliat he hathe used his negative voyce against those that were chosen by the greater part of the company. 25. Fiftly, for that he takethe to him selfe the propoundinge of all matters not allowed him by statute ; by the which he dothe take unto him selfe a doble negative voyce. 26. Sixtly, for that he suffrethe not an equall distribucion of offices to be made amongest all the fellowes (as the statute requi- rethe), accordinge to every mans qualitye. 27. Item, wheras the statute providethe that the coUedge writ- inges shall not be taken downe from the treasury and kept in any chamber, he commonly usethe to do the contrary. 28. Item, wheras by statute the booke of evidences should lye in the treasure howse, the master continually keepethe it in his chamber : he keepethe also by him librum annalium, the statute not permittinge the same. 29. Item, wheras it is appoynted by statute, that every scholler absent above one raonethe in the yeare shall pay vi''* weekely out of his schollershipp to the colledge so longe as he shalbe so absent, he usethe to remitt the same at his pleasure. 30. Item, the statute willinge all colledge busynes should be talked of and handled in toto capitulari, and that in matters of wayght all the fellowes should be present (the absent beinge warned to re- turne within xv. dayes), he comonly observethe neyther of bothe. 31. Item, that divers schollers have beene placed in ther roomes by the master and others, havinge not stood to be examined accord- inge to statute. 32. Item, wheras the statute providethe that every pensioner and scholler shall have socium collegii tutorem, the master takethe on him the tuition of bothe. 33. Item, Dr. Caius grauntinge by his statute unto his owne scholleres chambers rent free in his new buyldinge, the master so ordereth the matter that divers suche schollers have no chambers at all, he havinge filled ther roomes with pensioners at his pleasure. 34. Item, wheras yt ys by statute ordeyned that the master shall 1581] ARTICLES AGAINST THE MASTER. 325 not attempt any waighty matter without the consent of the greater parte of the company, he hathe often doone the contrary. 35. Item, wheras the statute (for the better goverment of the coUedge) settethe downe that ther shalbe yearly two deanes or lec- terers chosen, the master choose Mr. Depup (before named in the matters of education) for an whole yeare to be lecterer and deane alone. 36. Item, Dr. Peerse (beinge minister, and havinge, as the sta- tute enjoynethe, sett downe his profession in divinity), was permitted and furthered by the master to chaunge bothe his sayd profession and his place to an other fellowshipp, wherby he professed physick ; since which time the sayd Dr. Peerse hathe twice chaunged his pro- fession by the masters permission. 37. Item, the master sulfred very greate and continuall disorder in Mr. Howndes chamber, as black sanctus, and singinge of lewde ballades, with heades out of the windowes, and so lowde voyces as that all the howse wondred theratt, to the very evill example of the you the. 38. Item, that the schoUers at that time were suffred to live very licentiously, so that a greate part of them were common dronkardes and greate swearers, but no way punyshed or reformed by the master. 39. Item, that Mr. Howse (fellow of our colledge) was ernestly moved by Mr. Hinson, the masters especiall frend, and, as it is to be presumed, by the masters procurement, to enter into a bonde of xx''- never to geve his voyce contrary to the master. 40. Item, Mr. Barwick, of St. Edmondes Burie, a man well knowne to be popishe, and the masters old frend, threatned (now of late) to sue Mr, Brownings brother uppon a bond of an hundrethe powndes, made (as he sayd) by his father, which bonde he afRrmethe to be forfeyted, for that the sayd Mr. Browninge (fellow of our colledge) will not be ordered in all matters by the master. 41. Item, that the master hathe deferred the eleccion of schoUers and fellowes longer then by order they ought to be deferred. 42. Item, that he hathe kept back good and toward schoUers from preferment, by not suffringe some to stand at elections, and by not propoundinge them that liave beene permitted to stand. 43. Item, that he hathe ge^en licence unto one of the fellowes chosen lecterer to substitute another for a tyme ; and at the quarters ende he deprived the said lecterer of his wages, for that he had delt against a papist. S26 DISPUTES IN CAIUS COLLEGE, [1581 44. Item, that tlie master hathe sufFred certaine of the fellowes almost continually to absent themselves from the common table, punnj'shinge others beinjje very seklome away. 45. Item, that Mr. Ilinson, beinge lecterer and deane, was per- mitted by the master to be away from the coUedge the greatest part of the whole yeare, to the great decay of lerninge, and licentiousnes, 46. Item, that wheras the statute permittethe not small birdes to be kept in the colledge, for troublinge the studentes, the master hathe used continuall and expressive loud singinge and noyse of organs, to the great disturbaunce of our studdyes. 47. Item, that the master keepethe one of the three keys of the common chest, wher the colledge treasure lyethe ; which is only permitted to three of the fellowes, yearely to be chosen as the other offices be. 48. Item, that we havinge small roome in the colledge, the master very muche anoyethe the howse in lettinge out the colledge stable to suche as keepe hackny horses within the colledge walles, and takethe the commodity therof to himselfe, contrary to statute. 49. Item, whereas all contencious persons ar by statute to be re- moved, whether it be master or fellow ; bothe master and president in many of ther dealinges have playnly shewed them selves to be bothe the authors and upholderes of contencious quarrels in the howse. 50. Item, wheras the founder, Dr. Caius, hathe set downe by statute, that an indenture, with an obligacion of xv"=° hundred poundes therto annexed, betweene him and our colledge, bindinge us to the performaunce of certayne covenauntes and condicions therin specifyed, ought to be kept, togither with our statutes, by the master and fellowes of Benet Colledge, the master hathe bene of counsell, or, at the least wise, privy to the makinge away therof. 51. Item, wheras an auncient statute of our howse precisely com- maundethe that the master of our colledge shalbe presented shortly after his eleccion to the chauncellor of our University, the sayd Dr. Legge, now master of our colledge, hathe not as yet bene so pre- sented nor allowed. Matth. Stokys. 1581. 1581] DEPOSITIONS. 327 DEPOSITIONS OF WITNESSES, ETC. [From MS. Lansd. no. 33, art. 50, etc.] The deposicions of Mr. Jhon Paman, fellow of Gonvill and Caius Colledge, for the proofe of suche articles as were objected by the feUowes against Mr. Dr. Legge, the master, and Richard Swale, president of the same colledge. Education of youthe against the master. 1. He testifyethe this article to be trew; and that he never hard wise and well disposed persons speake otherwyse of him, especially since this deponent hathe knowen him first. 2. And that he hathe likewise judged of the masters puples as is afore sayd of the master him selfe, very few excepted, whom this deponent hathe knowen ; and that for divers presumptions which in many of them hathe caused him so to thinke, as is to be proved in the articles followinge, as also by evident conjectures in some not here noted, besides that others have openly professed them selves to be papists. 3. The copy of Grimstons letter was delivered by Etherington to this deponent, who, after complaynt therof beinge made to the master (whither of him selfe, or requested by the master, he now well remembrethe not, savinge that he was not, as is sayd by the respondent, in Mr. Gerardes chamber), did also send for the same Grimston to his ovrae chamber, as well reprovinge his fact, as also instructinge him in the truthe ; but findinge no other reformation in him, but only feare of correction for his faulte, desiringe this deponent, then beinge deane, to be good unto him, makinge almost no other aunswere, he was leaft stQl as before to be punnyshed and reformed by the master; of whom he was neyther punnyshed or reformed, but suffered to use suche liberty as before, and after suche tyme as is here sayd to depart from the colledge without reproche. 4. St. Quintin was called before the master by this deponent, at the complaynt of one Smith of the howse ; and the wordes beinge confessed, the master promysed dew punnyshment for them, which should have been, for an open offence, some publick rebuke ; yet this deponent enquyringe often could never yet heare so muche as any private correction to be taken for the same. 5. The contentes of this article he affirmethe to be trew ; and that Fingley not only perverted the youthe of the howse, which this 328 DISPUTES IN CAIUS COLLEGE. [1581 deponent lerned after his departure from the colledge, but that he absented him selfe from common prayers and sermons, in sutche wise as lie could not be drawen unto them by warninge and correction often used by this deponent and others for that purpose, only he beleevethe these thinges to be knowne to the master. 6. He hathe hard it reported by some of the fellowes, by whom the same Depup was chosen fellow of the colledge, bothe that the master that now is laboured to bringe him into the howse, and also that the founder, before his death, had, uppon mislikinge conceyved of the sayd Depup, given in charge that he should not be chosen fellow of the howse ; that he was poi)ysh, yt ys as well knowen by the common report that allwayes was of him, as that he was viciouse, which no man that well knew him can deny. He affirmethe the 7, 8, 9, 11, and 12 articles ; and in the 13 that Osburne was convicted of papistrie. 18. He saythe that Mr. Stapelton was very well knowne to the master bothe to be corrupt in religion, and to have beene free of speeche therin unto other ; and that this deponent had complayned unto the master of the same Stapelton, who remayned, notwith- standinge, still in the house ; and shold have stayed still, as it was reported, had not his father uppon an other occasion taken him away. 21. He saythe, the conventicles here named hathe beene de- clared unto him by others that have knowen them by them selves. 22. He hard the wordes uttered by Barwick before the master, neyther knew he any further inquiry made by him touchinge that matter ; which the rather ought to have been done, for that before that time it was talked of in the colledge that the same Fingley was a priest, and not unlike to do such a thinge, 23. This deponent hathe knowen suche division among the schol- lers, and hathe complayned unto the master therof. 25. Sayres grace to be bachilor of arte, which Mr. Churche pro- I^ounded in the howse and put up in the schooles, was contrary to the statute, which not only requireth the consent of the greater part of the fellowes, but the masters assent also, which was wantinge in his absence ; besides the statute expressely denyethe any to put up graces for degree but the master alone, or in his absence the presi- dent only, and none else. 26. The master at his retiirne hoome propounded againe the same grace, first in the howse, but made no scrutany to take above one voyce ; for that as it was knowen by often meetinges of the 1581] DEPOSITIONS. 329 fellowes about this matter, that two of the fellowes would call back their voyces which had consented to the grace before, and therfore he ceassed further to proceede, fearinge to have worse successe then at the first ; and so takinge no further consent of the company, he labored to further the grace in the schooles, usinge reprochefull wordes to the party in the heade that then denyed the same grace, as he did in the howse before to some of the fellowes who denyed yt at home. He affirmethe the 27 article ; and the proofe of the 29 he re- ferreth to the 8th article alledged against the president. Touchinge the 30 and 31, he beleevethe them to be set downe as Barwick confessed them to this deponent and Mr. Hawes in his chamber ; and he affirmethe the 33 and 34, and beleevethe the 36 and 37 to be true. Decay of revenewes and want of goverment. 1. He testifyethe that the master, Dr. Legge, hathe taken yerely of the coUedge treasury the summe of 4''' 13'* 4'^* contrary to the statute herein alledged, as this deponent judgethe, and as appearethe by statute and booke of accomptes. 2. And that the master hathe wrongfully charged the coUedge to pay x''* for his default, as this deponent judgethe; and that he hathe hard some of the fellowes which were appoynted to be present at those accomptes, when as the master made unto himselfe this allowaunce of x'"*, muche mislike the masters doinges, in that he did yt of him selfe alone, and did not aske the consent of the fellowes that were present therunto. 6. Fingley was never chosen butler by the fellowes, and re- ceyved the wages for the oflSce by the master, to whom yt belonged no more than the stipend of a schollership to one that was never chosen scholler, the butler beinge one of the schollers by the founda- cion, and to be chosen by the master and fellowes as the rest be. The same he affirmethe in the 7 and 8th article ; and that this depo- nent asked of the master to see the decree named in this 8 article, but he shewed it not. And that the 5 article truely chargethe the master with like default as in these 3 articles. He affirmethe the 9 and 10. He testifiethe also, that the accomptes of the colledge expenses and reccptes ar not finished accordinge to tlie statute by the masters especiall default, specified in the 11, 12, 13, 14, 10, 16, 17, and 18 articles, whereof some be breches of statute to be reformed, some 330 DISPUTES IN CAIUS COLLEGE. [1581 directly do hinder the perfectiiige of the accomptes, as is in the 11 article above pretended. 20. He testifyethe likewyse, the ofRceres of the colledge ever since Michaelmas last hathe bene uncliosen ; and that the chosinge ofthes officers have bene hetherto differred by the masters defalt, and that for the reasons alledged articiilo 21, 22, 23, 24, 25, 26. 27 and 28. He saithe the master observethe not the statute, in keepinge the colledge evidences and booke of indentures in his chamber. 30. He affirmethe that the master hathe oftentymes failed in bothe partes of this article ; and that he hathe also failed in the 34 and 35. 3G. He saythe, the master hathe twise chaunged Dr. Perses fel- lowship, first from divinity to physick, and after that from physick to divinity agayne, by consent of the company ; and now suffrethe the same Dr. Perse, without consent of the fellowes, and to ther mislikinge, to professe physick in the same place which he last de- sired, and by consent was graunted, for a divine. That he belevethe the disorders set downe in the 37 and 38 articles were never reformed by the master, and yet bothe of the fellowes and schollers then oiFended, as here is declared. He affirmethe the 41 and 42, and beleevethe the 43 to be true. 44. He saythe, the master hathe not beene indifferent to the fellowes, in punishinge the sieldome absence of some from the table, and permittinge unpunnyshed almost the continuall absence of others. 47. Yt ys not like that the master retaynethe any of the keyes to the keepinge wherof he choosethe yearly 3 of the fellowes ; but it is still trew that he keepethe one of the thre keyes of the comon chest, where the colledge treasure lyethe : which he ought not to do, first, because the statute says they should be kept by 3 fellowes yerely chosen to that purpose ; next, because the master makethe himselfe continuall burser, and is to recey ve the colledge mony for all expenses of the 3 chest keepers, to whom also he ought to bringe in all receyptes, and not to make himselfe a party ; neyther dothe his predecessours will him to keepe any keyes delivered unto him contrary to statute. 48. He thinkethe, that the master, in usinge the colledge bowses to his owne propper use, and to the annoyaunce of the colledge, dothe more then he ought to do by statute. 49. He saythe, that bothe master and president are conteyned 1581] DEPOSITIONS. 331 under the statute of contencious persons herin named, for causes alledged in divers articles against them bothe. 50. The master hathe reported, in the hearinge of the fellowes, that they shold not neede to feare the obligacion or indenture, for that he, the master, had eyther seene it, or had it reported of others that had seene it, caunceled, as he sayd. 51, The old statute, which ys yet in force, requirethe bothe pre- sentacion and allowaunce of the new master by the chauncellour of the University, to whom also (the fellowes not agreinge uppon the choyse within the space of one monethe after the place shalbe voyd) yt wholly apperteynethe to put in the master at his pleasure ; to whose honorable judgment this deponent referrethe the aunswer of the respondent to this article. Mr. Swale. 1. He say the, Mr. Swale hathe often tymes given just occasion of suche suspicion ; which, althoughe it hathe beene better knowne in the bowse then abroad, yet the publick fame hathe also witnessed this article to be true. 2. And for the second he saythe, that he remembrethe Mr. Churche in his chamber made report of suche wordes to Mr. Gerard and this deponent ; and that the place where they were spoken, videlicet, betweene his studdy dore and the table in his chamber, he remembrethe well ; but the time or forme of wordes he wholly re- membrethe not. 3. He testifiethe thes wordes to have beene spoken to him, this deponent, in tlie hearinge of the fellowes in the chappell, and that the wordes were uttered with greate vehemency, in manner of de- fiaunce (and so they were taken by the company), sayinge his puples should have suche bookes, do what I could : and yet this deponent beleevethe not, that younge schollers, who may eyther be suspected for buyinge many suche bookes, or else be corrupted in readinge them for want of judgment, ought so to be incouraged therunto ; and that he acknowledgethe no necessity to buy Pigius, or such like, to confute, but may use him or otliers at his pleasure. 7. Confessed in the aunswer. 8. He denyethe this article to be aunswered by confessinge the speache to be table talke, or by drawings in Augustine and Martir as patrons of dissimmulacion in outward and civill matters, who neyther of them ar of opinion to allow of falsifyinge any trnthe. Neyther was it the masters and presidentes purpose to speake them 332 DISPUTES IN CAIUS COLLEGE. [1581 of outward and civill matters only, as may welbe gathered by the reasons they alledged, which were directly to prove dissemblinge to be lawful! in matters also of faythe and religion ; as that Paul cryed out tliat he was a Pharisey, when (as they said) he was none ; and that Naaraan, after he was a proselyte and professed the Jewes re- ligion, had leave of Elislia to be with the worshippers of idols in Rimnon ; with other reasons not now remembred, which were so redily uttered, and so ernestly by consent amongest them defended, that it easily appeared ther purpose was to strengthen so muche as they could the cause of dissemblinge, and that they had prepared argumentes to that ende. Neyther dothe this deponent judge the rest of this article to be forged or ridiculous ; for that the schoUers, hearinge this assertion made by the master and his company, some of them, after the fast, and before the communion which ensued next after, had the like conference among them selves for the truth of this question, Neyther was the time of this talks at the common table (as this deponent judgethe) longe before the generall fast; but that it was first knowen ther should be suche a fast before this speache was uttered by them ; and that this talke of dissimulation, thus maynteyned by the master and president, bathe defamed the coUedge, beinge reported in many places, especially at the table of some of the most honorable in the land. 9. He saythe, he hard Mr, Swales first common place, wherin Abraham and David for lyinge were commended to be examples, as a poynt of wisdome in the serpent to be followed ; and that this deponent thinkethe not otherwise of his speache now then at that time he did, which he shortly after declared unto one of the fellowes his frendes, then keepinge company with Mr, Swale, by whose pri- vate speache Mr, Swale bathe also knowne this deponentes opinion as towchinge this matter; and that theruppon, as this deponent judgethe, Mr, Swale, longe after, beinge at that time in the masters chamber, sent a schoUer of his to his study for Musculus Common Places, only to shew this dejionent a place, alledged out of him, to confirme the lawfullnes of lyinge by some suche example. Neyther nedethe the respondent to have denyed this article, seinge it agreethe so fitly with his inclination which he confessed in the article named last before, 10, He saythe, that Barwick confessed unto this deponent and Mr. Howes, in his chamber, that he would not receyve the com- munion for that ther was not a priest to consecrate. For the rest of the article he deposethe not. 1581] DEPOSITIONS. S33 11. Mr. Sherrard, then bachilor of art and scholler of the howse, delivered to this deponent the letter here named ; afFyrminge it then to be Mr. Puryes wrightinge, and hathe since of late confessed it to be his owne penninge. 16. He remembrethe, that at the same time when Barwick was convented before the master, that then this deponent complayned of Sayre, for that he had troubled the howse more then was to be suf- fered in any scholler ; to whom the master aunswered, that the said Sayre should troble the howse no more, for that he had gyven him warninge to depart. Otherwise he deposethe not. 18. This deponent as he was enformed by others so he madecom- playnt to the president in the masters absence, for that the master at that time (as he now doethe) challenged to himselfe the correc- tion of the gentlemen in the fellowes comons, not sufFeringe the deanes to correct them for ther faultes ; wherby it fallethe out that bothe the deanes office is contemned of them, and the gentlemen suffered often times to live disorderly as they list. And yet this deponent, then beinge deane, thinkinge by statute that he was to order all the you the in the howse, had before this time of complaynt punyshed one of the same gentlemen, namely, Creswell, for not goinge to sermons ; who to shewe his contempt bothe of this depo- nentes advertisementes, and of the preachinge of the word, shortly after used charde playinge all the sermon tyme in the chamber next to the masters lodginge ; and in this manner this deponent then complayned, the rather for that the yeare duringe which he had the office of deane was then expired. Neyther did he ever heare of any punyshment that the same Creswell sustayned for that fault ; and that his tutor, one Mr. Dakins of the howse, was very unlikely to correct him for suche a fait, who was also tutor to the same Grim- ston, whose letter above mencioned declared that he professed never to come to any sermon. Whither this deponent made any further complaynt of others at that time or afterward, viz. that they, or otheres as well affected, used table playinge about the same tyme in the masters chamber on the sabboth day in the sermon while, he very well remembrethe not. In the 20 and 22 he deposethe as in the 43 and 49 articles of goverment against the master. John Paman. 334 DISPUTES IN CAIUS COLLEGE. [1581 The answer of Richard Gerrard unto certen pretended reasons alledged against him by Mr. Swale, to prove that he is not, neither hath bene, by the space of iiij. yeares last past almost, felow of Gunvile and Caius CoUedge. 1 . To the first he answereth, that the reason and the whole con- tentes therof is false and untrewe, for that there was sometyme a law- full and sufficient foundation of that felowship, as may appere by the will of the benefactor yet remayning in the colledge, and as is like- wise evident by the second statute of D, Caius, where he maketh mention of xiii. felowships, accompting this for one. And he further alleageth that, wheras this felowship was forfeyted by breache of certen covenantes unto the heires of the sayd benefactor, and ther- upon the stipend therof deteyned from the colledge by the space of certen yeares, this respondent, by the means of his frendes, procured Mr. Wendy, heire to the sayd benefactor, to be contented to found the same anewe, and to present this respondent therunto ; which presentation, for the more sufficiency e in lawe, was penned by D. Legge, master of the sayd colledge, and was redd by him unto the felows in the chappell, wherunto the master and greater parte gave theire consent, viz. that this foundation shold be good during the tyme of this respondent, and that after his departure from the col- ledge they shold be to agree with the sayd Mr. Wendye upon new covenantes, for that the conditions than offred semed to be some what unreasonable. 2. To the second he answereth, that he was chosen to this felow- ship before he was lawfully cut of by statute from his former felow- ship, and before he had enjoyed his personage one whole yeare, and that he was agayne chosen to the felowship he now hath according to the manner commonly used in the colledge in the like case. And that D. Perse and Mr. Hawes were chosen after the same manner to the felowships they now have; and that Mr. D. Tracye and Mr. Canhain were no otherwise chosen unto the felowships they latelye had in that colledge ; and yf there were any othe, admission, or other ceremonye to be required in this case, the master was in faulte, who did not exact the same. Notwithstanding for the othe, it was alleaged by the master him selfe that it was needles, for that this deponent was sworne to the colledge before. 3. To the third, as before to the second reason. 4. To the fourth he answereth, that it was objected by one of the felows, at the tyme of this respondents second election, according to the contentes of this reason, and that then the master alleaged to the 1581] DEPOSITIONS. SS5 contrarye a parcell of one of D. Caius his statutes, viz, cuique bene- factorum licitum est studii vitceque genus suis sociis prcescribere, quem- admodum et fundatori suis: and another parcell of one of D. Caius his statutes de electione scholarium, videlicet, ad hunc modum propo- nantur, eligantur, etc., imi aliter a benefactoribus constitutum sit ; by the which the master implied, that benefactors might dispence with the statutes of the founders, and that benefactors felows were no further bound to the statutes of the founders then shold seme good to their benefactor. And he further aflBrmeth, that yf benefactors might not in this case dispence, that than D. Caius cold not have graunted licence to his felows to take a spirituall livinge of x"* valewe, being contrary to the statutes of the old founder. And he beleveth that if in respecte of foundation, or other uncapablenes, this respondent had not bene eligible by the statutes of the colledge, that than the master or the author of thes reasons, and the rest of the felows, being sworne to their statutes, wold not have preceded to the election. And that this respondent had bene possessed of his livinge either a yeare or more, it is untrewe. 5. To the fift he answereth, that the author of the reasons doth here speak contrary to his owne knowledge, for that ther was men- tion made of no such matter of countenance as is here pretended at the sayd election ; but onlye that this respondent shold have jus socii, taking no commoditye of the bowse, even as he which is canonicus hath by law vocem in capitulo et stallum in choro, though he have no livinge of the churche. And further, this respondent did at the same tyme offer of his owne accord to pay rent for his cham- ber, as a divident amongst the rest of the felows, which he hath done ever since. And he beleveth that yf his title to his felowship had not bene good, that than Mr. Swale wold never have bene so importunate with this respondent for his voyce at the election of Mr. Burton, and at other tymes, as he hath bene. 6. To the sixt he answereth, that this deprivation was unlawful!, being without consent of the felows, only mentioned in the hall at the table and not in the chappeil, no statute being alleaged or fact proved why this respondent shold be deprived. And he affirmeth that there is nothing in tlie statutes why he may not enjoye his prebend with any felowship, for that his prebend is not beneficium curatum vcl non curaturn; and if it were, he had a dispensation from his benefactor before there was any proceeding agaynst him, which was at that tyme judged to be sufficient in law by the o^Hnion 336 DISPUTES IN CAIUS COLLEGE. [1581 of D. Bin, 1582. De secunda nominatione procuratorum, etc. Doctor Wm. Fulk, S. T. P. almse Univcrsitatis Canta- brigiensis procanccllarius, doctorcs Bell, Goad, Howland, Norgate, Tyndall, Harvey, Bing, Legg, et magister Nevile, interpretati sunt verba, post vacationem in capita 40° de electione lectorum, etc., debere intelligi tarn post vacatio- nem alicujus officii, quam post vacationem nominationis ad aliquod officium vel munus in academia gerendum : verbi causa, si aliquod collegium praesentaverit aliquem ad offi- cium procuratoris, et is post primum diem Augusti et ante decimum Octobris vel decesserit, aut munus recusa- verit, aut minus idoneus reperietur, tunc ejus nominatio ad praefectos collegiorum spectabit, ut illi punctis suis duos Universitati proponant. Idem decretum fuit pro electione scrutatorum et taxatorum, licet praedicta officia vacua non existant ante decimum Octobris. THE FELLOWS OF ST. JOHN S COLLEGE TO LORD BURGHLEY. [From MS. Lansd. no. 36, art. 46.] Honoratissimo viro, domino de Bourghley, summo Angliae thesau- rario, academies Cantabrigiensis cancellario, et patrono nostro dignissimo. In sumnias angustias detrusi (honoratissime Cecili), arceri ab amplitudine tua interpellanda, nee tua aggritudine (quam lugemus) nee negotiis quibuscunque possumus. Omnem pudorem pellit necessitas. E collegio nostro totius pa;ne academiae consensu procuratorum alter in sequentem annum assumeretur, si serenissimae reginse imperium non intervenisset. Sed regiis Uteris jam factum est, ut et nos de ea spe decidamus, et tota academia e Trinitatis Col- 1583] DISPENSATION FOR STRAXGERs' DEGREES. 371 legio utrumque hoc anno procuratorera exire lugeat. Ilia regineam majestatem deprecata est : nos honorem tumn (ut solemus) nostri justi doloris participem facimus. Csetera omnia ab alumnis his nostris fusius amplitudini tuae ex- ponentur. Quidquid nostras apud honorem tuum preces impetraverint, non minus id toti academige quam nobis gratum fore intelliges. Deus optimus maximus amplitudi- nem tuam quam diutissime servet incolumem. E coUegio nostro D. Joannis Evangelistse, Cant. viii. Idus Octobris, anno Domini 1582. Amplitudinis tuae studiosissimi, RiCHARDUs Rowland. Jacobus Hill. ROBERTUS RODES, JOHANNES FawCETT. Abel Smithe. Laurentius Stantot. Andreas Downes. Robertus Bouth. Daniel Munsay. INTERPRETATION OF A STATUTE. March 4, 1582. D. Joh. Bell, sacras theologiae professor, almae Universita- tis Cantabrigiensis procancellarius, doctores Perne, Harvy, Norgate, Bing, Legge, et magistri Banvell et Nevile, in- terpretati stmt illam particulam sive clausulam capitis 21 stat. viz. Decernimus ut nulla gratia quce proponitur in scholia disj)ensatio7iem kaheat quamcunque, et si secus fiat, gratiam illam irritam et inanem esse volumus, intelligent dam esse de indigenis et incolis, ct non de aUenigenis et peregrinis ; super qua intei-pretatione consenserunt dispen- sare cum Francisco Gomaro Brugensi, ut cooptaretur in ordinem baccalaurci artiuni in ultimo actu sive determina- tione hujus amii, ct ut possit ascendcrc ad gradum magis- tcrii in artibus proximo sequentibus comitiis, pcractis prius «372 TIIF, UNTVF.USITY PRINTER. [1583 et ant(! ejus adniissioncm oinnibus ct singulis fonnis et exer- citiis qux ad utrunique graduiu respective rcquiruntur. [Int. Stat. p. 328. — Copies of charters and statutes in Univ. arch, p. 274.] THE HEADS TO LORD BURGHLEY. [From MS. Lansd. no. 40, art. 1.5.] To the right honorable the lord treasurer of England, and most loving chauncelor of the Universitie of Cambridge. Our humble duties to your honour remembered : whereas we understande by your honours lettres that certaine of the company of the stationers in London have sought to hin- der tlie erecting of a print within this University of Cam- bridge, and to impugne the auntient privilege graunted and confirmed by divers princes for that purpose, to the greate henefitt of the Universitie and advauncement of learning. Theise are in most humble manner to desire your honour, not so much in respect of Mr. Thomas, (who hath alredy receaved greate injurie and damage at theire handes,) as in the behalf of the Universitie, (which findeth yt self very much agreved with the wrongfull detayninge of those goodes, wherewithal! as we are persuaded in right and equity they ought not to meddle,) to continue our honor- able patron, and to direct your favorable warrant to the wardeynes of the stationers, that he may have his presse delivered with speede, least that by theire meanes, as he hath bene disapoynted of Mr. Whittakers his booke, so by theire delayes he be prevented of other bookes made within the University, and now redy for the presse. As for the dowbtes which they cast, (rather in respect of theire private gaine and commodity, and to bringe the Univcrsitys more auncient priviledges in this behalf then theirs under theire 1583] THE UNIVERSITY PRINTER. 373 jurisdiccion at London, then for any other good considera- cion, the decidinge or perrill whereof also pertaineth not to them), we dare undertake in the behalf of Mr. Thomas, whome we know to be a very godly and honest man, that the presse shall not be abused eyther in publishinge thinges prohibited, or otherwise inconvenient for the churche and state of this realme. And this we promisse the rather for that his grace (whereof we have sent a coppy to your honour by him self) was graunted unto him uppon condi- cion that he shoulde stande bounde from tyme to tyme to such articles as your honour and the greatest part of the heades of colledges shoulde tye him unto. And for the con- ference whereunto your honour moveth us, yf yt shalbe your honours pleasure, we, as desirous of peace and Con- corde (the premisses considered), shalbe ready to shewe our willingnes thereunto, yf yt shall please the company of stationers in London to sende hither some certaine menne from them with sufficient authority for that purpose. Thus, most humbly desiringe that his presse may no longer be stayde, and hopinge that your honour will furder our de- sire hearein, we do in our dayly prayers commend your lordshippe to the blessed tuicion of the Almighty. From Cambridge, this 14 of June. Your lordshippes most bounde, Jhon Bell, vice-chancellor. Edmund Barwell. Andrew Pern. Robert Norgate. William Fulke. Edmund IIownd. John Still. Thomas Nevile. Tho. Leog. 374 THE STAR-CHAMRF.R. [1583 THE HEADS TO LORD BURGHLEY. [From MS. Lansd. no. 39, art. 7.] To the right honorable our speciall good lord, the lord treasurer of England and chancelor of the Universitie of Cambridge. Right lionorable, althouglie we have greate cause to pre- sume of yovir lordships verie honorable favoure towardes all such of our bodie as beinge broughte before your lord- ship shall anie waie appeare to be privileged by her majes- ties goodnes towardes us, concerninge the hearinge of any cause broughte in controversie, and mighte therefore geve such order unto this bearer, Mr. Hodilowe, concerninge a request he hath made to us for our lettres unto your lord- ship in his behalf, touchinge a matter lately called into the Starchamber, by vertue of her majesties writte to that end and purpose ; yet fyndinge great cause in some speciall sorte to favour the good disposicion of such as we have all- waies found verie good members amongest us, geven to the nourishinge of amitie and quietnes, so it is that, in theise respectes, we cannot but thincke it our partes verie humblie to crave that we maie be the boulder by theise our lettres to commend this said bearer unto your lordship, as one of whom we are in many good respectes verie well perswaded : havinge this onelie to request your good lordship, that if the cause do not otherwyse concerne him then is supposed, in respecte of a froward sonne in lawe, at whose handes he hath found greate unkindnes in matters of smale momente, as some of us are able to sale of our particuler knowledge, maie it please your good lordship, the rather at our request, so farr to favour him as, if it maye apjjeare the cause had here beginninge, it maie also have here such endinge as we dare undertake shall every waie stand with equitie on booth parts ; as knoweth the Almightie, in whom we wishe 1584] CLANDESTINE DEGREES. 375 your lordship longe happie healtlie, with encrease of hon- oure. Cambridge, this second of November, 1583. Your lordships humbhe to be commanded, Jhon Bell, vice-chan. Thomas Nevile. Andrew Pern. Tho. Byng. William Fulke. Henr. Hervy. Roger Goade. Thomas Legge. Richardus Howland. Edmund Barwell. Robert Norgate. GRACE OF THE SENATE. Mali 9, 1584. De gratiis supposititiis. CoNCEDiTUR 9 Maii, cum per statuta vestra prudenter cautum sit, singulos in viginti solidis mulctandos qui ali- cui gratias subscripserint, quam candidati postea gi'ato animo non acceptaverunt ; et quidam huic legi, in expila- tionera aerarii publici, et academiae manifestum scandalum, per petitiones supposititias fraudem facere moliuntur: placet vobis, ut, dictis statutis in suo robore perpetuo ma- nentibus, hujusmodi clandestinae petitiones vestro suffragio et auctoritate irritaj et pro nuUis habeantur, et hujusmodi subscriptores ad debitae mulctae solutionem astringantur. THE PRIVY COUNCIL TO THE VICE-CHANCELLOR AND MAYOR OF CAMBRIDGE. [From MS. Harl. no. 7041, p. 159.] After our very hartye commendations : wlieras we are geven to understand, that diverse of thinhabitants of the 376 INHIBITION TO lUIILD HOUSES. [1584 town of Cambridge, seekiiige their ownc private gain, with the publick hurt and incommoditye of the whole Univer- sitye and towne, have hertofore accustomed to buyld and erect howscs upon sundry spare grounds in and about the said towne, but of late, and at this present specially, they doe not onely increase and continue the same, but doe more usually devide one howse into many small tenements, and those for the most parte to let and hier out to the meanest and poorest persones; which tenements (not fit, for the rudenes and straightnes of them, to harboui- any other then of the poorest sort) are a meanes (as we are enformed) wherby the Universitye and the towne are overcharged in yearly allowance towards the maintenance of the poore, and that inconvenience not unlyke to be accompanyed with a further mischief and danger, yf any plage or other infection should happen within the town, by reason that so many poore people are so narrowlye and so unwhol- somelye thrust and thronged together in diverse places. For redress wherof we thinke yt mete, that yow, the vice- chancellor and the maior for the tyme being, with the assistance of the rest of the principall and discretest per- sones and officers of thuniversitye and towne, do immedi- atelye, upon receipt herof, cause spedy and diKgent en- quiry to be made what numbre of tenements have bene erected within the liberties of the Universitye and towne, and how many of them, or of any other howses formerlye buylt, have bene and are devyded into tenements, within the compass of ten yeares last past, and what numbers of iumats are bestowed and do inhabit in them and every of them ; that therupon yow may consider how thinconve- nience and danger feared may be prevented. And ther- upon, by vertue herof, yow shall take present order for the changing and altering of the said howses and tenements, and removing of such and so many of the said inmats as % yo^^j ^^ith regard to the weale and safety of the said 1584] INHIBITION TO BUILD HOUSES. 377 University and town, shall be thought expedient ; which being drawn to such a mete proportion as yow in your discretions shall thinke fit to be allowed, yow shall, from tyme to tyme herafter, forsee that the same be so con- tinued, and the like disorder not suffered again to crepe in among yow, wherof we require yow to have a vigilant care. And yf any person or persones, to whome any of the howses and tenements, which by authoritye of these our lettres yow shall endeavor to reforme, do apperteyne, shall refuse to obey such ordre as yow shall take in that behalf, of those and every of them yow shall take bond in good summes of money to her majesties use, for their personal! appearance before us, to answere their contempt. And so, not doubting but yow will so use the authority herby granted unto yow, as in thexecution therof none shall have just cause to complain of wronge or partiall dealinge to be in this cause offered unto them, but that yow will procede to the reformation of the disorders with uprightness and indifferency, we bid yow hartely farewell. From the court at Richmond, the 8*^" of June, 1584. Your loving frends, Tho. Bromley, cane. J. Crofte. W. BURGHLYE. ChR. HaTTON. E. Lincoln. E. Walsingham. Ch. Howard. 378 DISPUTE WITH THE TOWN. [1584 BREACH OF THE UNIVERSITY PRIVILEGES, RELATING TO THE SALE OF WINES. THE HEADS TO LORD BURGHLEY. [From MS. Lansd. no. 42, art. 51.] Honoratissimo domino, domino de Burghley, summo thesaurario to- tius Anglise, et academiae Cantabrigiensis cancellario dignissimo. BiENNio fere abliinc (honoratissime Burghleiensis) gravem ac vehementem sane suspicionem ad honorem tuum attu- limus de oppidanorum injuriis, qui cum rerum nostrarum non levi detrimento id acerrime moliebantur, ut e suo quo- que corpore certos quosdam vinarios constituerent. Quo- rum iniquissimum conatum irritum factum, nostrumque timorem omnem summo tuo consilio sublatum fuisse, turn libenter sensimus, multoque nunc libentius grata memoria recordamur. Sed illorum temporum fumus, novas subinde vires colligens, in recentem flammam erupit, et quae tum impendentia mala metuere coepimus, eadem nunc prsesentia quoquo modo possimus propulsare cogimur. Exstitit enim nuper apud nos unus ex oppidanis, nomine Keimerus, qui per ornatissimum virum Gualterum Ralaeum vini vendendi licentiam infra villam Cantabrigiensem adeptus, sperat se tanti viri tam eximia felicitate ad nostrum incommodum abuti posse. Quod igitur ante a te contendimus (honora- tissime Burghleiensis) ut illo tum privilegio gaudentem do- minum Edovardum Horseium a tali institute averteres, id nunc ab honore tuo multo instantius petimus ut idem in ornatissimo Ralaeo inflectendo facias: quem (pro ilia qua est generosa indole) tuo pra^sertim rogatu confidimus ad- duci posse, ne plus uni privato viro quam toti academise gratificetur. Quod si talibus incoeptis arx ipsa libertatum nostrarum non plane peteretur, esset tamen videndum (ne quemadmodum in Uteris fieri solet) ut uno absurdo dato 1584] SALE OF WINE. 379 infinita sequantur : sic multo magis in republica ex unius le- vioris peccati exemplo ad gravissima quaeque aditus patefiat. Quae tu per teipsum pro singulari tua prudentia (amplis- sime Burghleiensis) multo sapientius potes expendere, et pro illo constantissimo amore quo semper academiam tuam complexus es, aderis nobis in hoc tempore difficillimo, ne- que causam banc nostram desertam esse patiere, prasertim si consideres aulicorum hominum in impetrando gratiam, oppidanorum in peteudo pertinaciam, nostram in defen- dendo sine tuo patrocinio solitudinem. Deus optimus maximus amplitudinem tuam nobis reique publicse diutis- sime servet incolumem. Cantabrigiae, Idibus Junii, 1584. Honoris tui studiosissimi, Procancellarius et reliqui praefecti coUegiorum, RiCHAUDUS HOWLAND, pVOCan. ROGERUS GOADE. Tho. Byng. Henr. Hervy. Umphry Tyndall. Robertus Norgate. GuLiELMus Fulke. Thomas Legge. Johannes Bell. THE HEADS TO THE EARL OF LEICESTER. [From MS. Lansd. no. 42, art. 53.] Junii, 1584,— Heades of the University of Cambridge to the earl of Leycester. Facit excellens tua bonitas (nobilissime comes), quam saepe in multorum periculis arcendis expromsisti, ut nos quoque alunuii tui deditissiuii, in aliquas jampridem angustias con- jecti, audacius ab honore tuo opem auxiliumque petamus, quam officii nostri ratio patiatur. Tametsi enim non ig- noramus, quin gravioribus regni negotiis impeditus sis, quam ut nostri s rebus tuendis vacare possis, tamen cum nihil tibi fortuna majus dederit quam ut possis, ncc natura melius quam ut velis prodcsse quamplurimis, minus moles- 380 DISPUTES WITH THE TOWN. [1584 tam tibi fore speramvis petitionem hanc nostram justani ac plane necessariani. Cognosce igitur (nobilissime conies) quendam ex oppidanis nostris turbulentum hominem no- mine Keinieruni, (qui ab ornatissinio viro Gualtero Ralaeo vini vendendi licentiam infra villam Caiitabrigiensem con- sequutus est) magnum privilegiis nostris detrimentum alla- turum, nisi tua sinnma ac salutaris virtus opportune inter- cedat. Longum iteresset ad omnia quae pro partium nos- trarura defensione afferri possunt, neque honorem tuura tam prolixa narratione teneri aequum est ; solum hoc pro certo aiRrmamus, privilegia nostra jam inde a Richardo Secundo nobis indulta, id spectare, ne quis apud nos vina- rius nisi e nostra sola auctoritate constituatur. Ac his de rebus ornatissimum Ralaeum per literas admonendum cura- vimus, quas ille pro singulari humanitate sua in meliorem partem. interpretatus est, neque se omnino a petitione nos- tra alienum esse ostendit ; sed multo posthac propensiorem fore confidimus, si tuus prgeclarissimus hortatus adjungatur. Quamobrem (nobilissime comes) quanta cum humilitate fieri potest ab honore tuo contendimus, ut causam hanc nostram agas apud ornatissimum Ralaeum ; mul toque sane vehementius peterimus, nisi te satis perspiceremus tan- quam ad beneficentiam natum, nulla alia re magis quam juvandis Uteris delectari. Deus optimus maximus ampli- tudinem tuam nobis reique publicae diutissime servet inco- lumem. Caiitabrigiae, septimo Kalend. Quintilis, 1584>. Honoris tui studiosissimi, Procancellarius et reliqui praefecti collegiorum. 1584] UNIVERSITY PRINTER. 381 ARCHBISHOP WHITGIFT TO LORD BURGHLEY. [From MS. Lansd. no. 42, art. 45.] To the right honorable my singular good lord, the lord Burghley, lord treasurer of England. My singular good lord, I most hartelie thangk you for your great care in these matters of the chm'ch, and for your unfayned and most constant frendship towards my self. Ever sens I hard that they had a printer in Cham- bridg I dyd greatlie feare that this and such like incon- veniences wold follow ; nether do I thingk that yt wyll so stay : for allthowgh Mr. vice-chancellor that now ys be a verie carefull man, and in all respects greatlie to be com- mended, yet yt may fawle owt hereafter that some such as shall succeade hym wyll not be so well affected, nor have such care for the publike peace of the church and of the state. But whatsoever your lordship shall thingk good to be done in this matter, or wyll have me to signifie to Mr. vice-chauncellor, ether in j^our name or in my owne, yf yt shal please you to signifye the same to Mr. dene of West- minster, or otherwise, I wyll performe yt accordinglie. I thingk yt verie convenient that the bokes shold be burned, beeng veri factious, and full of untruthes ; and that (yf printing do styll there continew) sufficient bondes with suer- ties shold be taken of the printer not to print anie bokes, unlesse they be first allowed by lawfull authoritie ; for yf restrante be made here, and libertie graunted there, what good can be done ? The boke ys the same which Travers ys supposed to have sett forth in Laten, without anie addi- tion or detraction. The complante of the bishops hard deal- inges ys altogether without cause : they offend rather, the most of them, on the contrarie part. D. Bickley hath delt with my kiiisniau evne as I wold wisch ; for thowgh he be a good schok-r, and as 1 hope not affected that way 382 AKCIllUSIIOl' WIIITGIFT. [1584 further then to please my lord of London, and to pick some occation to leave that livin*]^ whereunto he hath no phansie at all, yet ys he infected with the disease of this tyme, that ys, with popularitie and vaine glorie ; and this wyll be a good scholing for hym. He ys of my owne bringing up, and whatsoever he hath, he hath y t by my meanes ; and therefore I dowt not but that he wyll be ruled and advised by me. In dede, I urged hym against hys wyll to take that place to please my lord of Leicester ; but I do now repent me thereof: yet ys he not in possession of yt, nether mean- eth to be, unlesse my lord provide some other living for hym, for hys better maintenans there. The bishop of Chester writ unto me of late ; in whose letters a litle paj)er was inclosed, the copie wherof I have here sent to your lordship ; you know whome he meaneth, but yt moveth me not : he can do no more then God will permytt hym. Yt ys strange to understand what devices hath bene used to move me to be at some mens beck ; the particu- larities whereof I wyll one day declare to your lordship ; but Dominus illuminatio mea et salus mea, quern timeho ? I besech your lordship, be not you discomforted ; the cause is good, and these complantes are vaine and withowt cause, as y t wyll appeare when they shal discend to particularities ; and dowt you not but that D. Bickley in this action hath done both wiselie and lawfullie. I wold to God yt wold please her majestic to place hym, and such as he ys, in the romes now vacant. I besech your lordship to burne or teare this letter. And so, with my hartie prayers to God for you, J. commit you to hys tuition. Frome Croydon, the last of June, 1 584. To your lordship most bownd, Jo. Cantuar. 1584] DR. BROWNING. 383 THE EARL OF BEDFORD TO LORD BURGHLEY. [From MS. Lansd. no. 42, art. 37.] To the right honowrable my verie good lord, the lord Burgheley, lord treasurer of Englande. My verie good lord ; whereas this bearer, Mr. doctor Browninge, having to exhibite to her majestie a supplica- tion touchinge D. Stilles hard dealinge in removinge him from his fellowship in Trinitie Colledge in Cambridge, th'only prefen-ement he had to depend upon, in his said humble peticion he beeseecheth her highenes, that the hearinge of his cause may be remitted to my lord of Can- terburie and unto your good lordship, havinge intimated the particularitie of his said cause to his grace, findeth him his favorable good lord, as he hathe heretofore founde your lordship touchinge the originall of this his trowble ; to whose relacion I dowbt not but your lordship will vouchsafe to give eare, and to suspend your opinion till you shall indifferently heare bothe parties ; upon th'exten- uation whereof, I referre the determininge (as the goodnes thereof in equitie may seeme to deserve) to your lordships good consideracion. And even thus I bid your good lord- ship righte hartely farewell. From Bedford Howse, the vjtt of October, 1584. Your lordships most assured. Bond so to be, F. Bedford. Postcript. Havinge had my self good experience of his sufficiency in the sounde prechinge of the trueth, and of his godly convcrsacion in my owne familie, I have the rather thought good to reconnnende the more earnestly his cause to your lordship. Lord treasurer. 384 DR. BROWNING, AND BOLAND. [1584 DR. STILL TO LORD BURGIILEY. [From MS. Lansd. no. 42, art. 65.] Honoratissimo viro ac domino, domino de Burghley, summo totius Anglise thesaurario, et academiae Cantabrigiensis cancellario dig- nissimo. Q.UALES paulo ante fuimus (honoratissinie Burglileiensis) in imploranda bonitate tua, tales nunc in eadem agnoseenda prasdicandaque summo jure esse debemus. Contendimus enim ab honore tuo quam potuimus vehementer, ut inso- lentiam doctoris Browniugi auctoritate tua frangeres, par- tesque nostras ageres in regineas majestatis postulatione lenienda: quorum utrumque per te unum sic amplissime sumus adepti, ut magnum fructum pr^clarissimi cancella- riatus tui ceperimus, nosque de hoc duplici tuo beneficio in perpetuum tibi devinctos fateamur. Et quod in tanta laetitia non modo non sperare, sed vix optare ausi sumus, ut fons et caput Browningianae pertinaciae Bolandus justo ac debito supplicio plecteretur, id nuper singulari tua pru- dentia tam oportune factum accepimus, ut niliil praeterea desiderare possimus. Cujvis tamen in flagitio suo pejerando sceleratam audaciam audientes, non miramur (honoratis- sime vir), sed plane obstupescimus, nee tale portentum ho- minis exstitisse putabamus, qui in summo maleficio mani- festo deprehensus, multorum convictus testimoniis, et quod maximum est, sua et propria confessione condemnatus, tanti viri judicio et gravitati tam impudenter illuderet. Quo magis ab honore tuo petimus (nobilissime Burghleiensis), ut nefarium Bolandi stuprum, cum scelestissimo perjurio conjunctum, quam acerrime vindices, et illius impunitate existimes lusam auctoritatem tuam, Isesam collegii nostri dignitatem, laxatam improbis viris peccandi libidinem qui nulla re magis quam judicum mollibus sententiis ad per- niciem reipublicse nutriuntur. Quanquam summam tuam 1584] DISPUTES WITH THE TOWN. 385 ciirani in collegii nostri dignitate utilitateque procuranda, cum semper antehac, tum nuper in proximis hisce causis abunde sumus experti, nee de singulari tua justitia (cujus recta administratione totum Angliae regnum per multos annos floruerit) dubitare possumus, tantmn hoc admone- mus (honoratissime vir), cseteris tuis in collegium nostrum praeclaris meritis una Bolandi poena cumulum longe maxi- mum accessurum. Deus optimus maximus amplitudinem tuam nobis reique publicae diutissime servet incolumem. Cantabrigian, ij° Idus Novembris, 1584. Honori tuo deditissimi, Johannes Still. Anthony Wingfeld. Leonardus Chambers. Jo. Duck. IIenr. Wayland. John Bill. Jeremy Radclifpe. John Chapman. ARTICLES DISPUTED WITH THE TOWN. [From MS. Lansd. no. 42, art. 60.] Septimo Decembris, 27""° Eliz. R"*- — A note of matters not yet finished and concluded betwene the Unyversety and towne of Camebridg. Fo. 11° linea 11% et fo. 14'° lin. 9" et 12''" — Common ministers. Yt was promised on the behalf of the Unyversety, that the interpretacion of common ministers should in their Latine booke be made agreable to the articles in English sub- scribed by the lordes, which is not yet done ; but when it shalbe done, will well content the towne. Fo. 9" linea G'"-— Graduates. The demaund of the Unyversety is unreasonable, to have all graduates in England to goe toll iVee : but the c c 38() DISPUTES WITH THE TOWN. [1584 towne assentith as they ment it at the first, that all gradu- ates for lerninges sake abyding in the Uiiyversety or towne shall goe toll free. Fo. 14'° linea IS'* — Beadells reteyned servants, verbo gardiners. The towne hath alredy assentid, that the Unyversety shall have many retayned servauntes more then they might have had before ; but that squyre beadelles should eche of them have one reteyned servaunt priviledged (being them selves but servauntes), the towne thinkith it inconvenient ; and neither did, nor yet doth, assent therunto. For all other matters concerning bothe bookes, bothe parties are agreed ; so as that be perfourmed which hath bene con- cluded in former conferences. DISPUTE RELATING TO THE SALE OF WINES. REPORT FROM THE VICE-CHANCELLOR. [From MS. Lansd. no, 43, art. 42.] Advertismentesfrom Mr. D. Norgat, vice-chauncellour of Cambrige, concerninge the manner of his proceadinge with Keymer, a newe vyntuer ther. Upon advyce taken with our learned councell concernynge the restraynynge of Keymer for the sellinge of wyne, I did firste sende the proctours of the Unyversitie to requyre him from me to give over to sell wyne any longer, for that it was prejudicyall to the priveledges given us by her majestic, and therefore not to be suffered by us ; and to take downe his signe ; with this further notice, that if he thoughte him- self wronged therein, wee wold be ready to joyne with him in the ordynarye tryall of that matter, accordinge to the lawes of this realme. 1584] SALE OF WINES. 387 Whereupon it was answered by Keymer, that he had sufficyent righte and aucthorytie to sell wyne as he did, and wold not therefore be inhibyted by Mr. vice-chauncellour. Upon intelligence of his refusall to yeild himself, aswell unto my offer as unto my commaundment therin, I did, on the morrowe nexte, sende the proctours, with Standishe the beadell, firste to requyre him to pull downe his signe him- self, and upon his refusall, to cause the beadell to take it downe. "Wlierein they offered so to have done, but were so resisted by Keymer, that they could not precede therein without danger to their persons : whereupon they retorned, without any further attempte therin. Upon the morrowe followinge, the proctours, with the beadell only, and their servantes, by my appoyntement, went to the place, and there castinge a rope aboute the signe, pulled it downe; which was the nexte nighte sett upp agayne by Keymer or his deputies. "Whereupon, the dale nexte followinge, I sent for Key- mer, by my ordynary officer, to come and speake with me ; who beinge denyed to be at home, I appoyncted the proc- tours agayne to pull downe his signe ; which they indevored to doe, firste by themselves, the bedell, and their servauntes only ; but beinge purposely resisted, with such provision as they little looked for, as namely, with skaldinge water myngled with lyme and aishes, and with stones and brick- battes, they were forced to sende for the helpe of three or foure masters of arte moe ; and so resistinge their force only, pulled it downe, without any force offered to any man by them, them selves beinge some of them hurte with stones and skalded with water, as is yet to be scene, and wee shalbe redye to justefie. The nexte daye the signe was sett upp agayne by Keymer or his adherentes; and hath ben by us so suffered to stande ever since that tyme. 388 SALE OF WINES. [1584 Yt appearetli by sir Walter Raleighs lettres, that he hath ben greevcously informed of our ryotuouse dealinge in the premisses; but as heretofore it hathe ben founde that Keymer hathe greatly abused his worshipp by faulse reportes, so wee doubte not but it shall nowe be founde (if it shall please his worshipp, by your good honors meanes, to give us hearinge therin), standinge to justefie the trueth of this our reporte, as we will answere the contrarye, under your honours disfavour. THE VICE-CHANCELLOR TO LORD BURGHLEY. [From MS. Lansd. no. 43, art. 43.] To the right honorable the lord high treasurer of England, most loving chancellor of the University of Cambridg. In most humble maner my bounden duty unto your good lordship remembred ; the importunate dealing of Keymer causeth me at this tyme most humblye to desyre the con- tinuance of your honorable patronage to this Universitye. Upon some untrue report made by the sayd Keymer, sir W. Ralegh hath writen and sent another letter unto me and the heades of the Universitye, the which letter, with our answer to yt, I send to your lordship by this bearer, wherby yt maye appeare howe hardlye we ar used, and what our answer ys unto yt ; most humbly prayeng your honour to direct us in our proceding, so as we maye do the best for the mayntenance of our priviledges granted by her majesty, the which are greatly impugned by this Keymer, whose so long standing out in this matter gevethe encou- rage to many of the townesmeu to enterprise the like in other matters. Thus, in humble wise, I cease any further to trouble your lordshipe at this tyme, whome I praye the Almighty to kepe in his blessed protection by his holy 1584] LISTS OF QUESTIONISTS TO BE MADE, 889 spirite. At Corpus Christi Colledg, in Cambridg, the 28 of Febr. 1584. Most humbly your lordships dayly oratour, Robert Norgate, vice-can. INTERPRETATION OF A STATUTE. XX. Januarii, 1585, xxvii° anno reg. Eliz. etc. Nomina quajstionista- rum procancellario exhibenda. D. Rob. Norgate, S. T. P. almse Universitatis Caiitabrigi- ensis procancellarius, de consilio et assensu omnium prae- fectorum collegiorum qui huic chart^e subscripserunt, de- crevit, quod praefecti omnium et singulorum collegiorum, et in eorum absentia eorum vices gerentes, schedulam continentem nomina et cognomina omnium et singulorum scholarium qui in suis privatis collegiis, publico suo et sociorum sufFragio, domi ad respondendum quaestioni ap- probabuntur, domino procancellario aut ejus deputato ex- hibebunt ante congregationem tenendam post hujusmodi domesticam approbationem. Item, decrevit, quod pr^dicti prsefecti, vel eorum vicarii, non admittent in collegia sua respective aliquem scholarem, qui nunc nee ante fuit de eodem collegio, nisi praefectus, aut ejus vicem gerens, per literas suas significaverit se licentiam dedisse praedicto scholari, ut a suo collegio ad aliud transeat ; sub poena 40 solidorum legalis, etc. solvendorum per eum qui aliquam partem hujus decreti violaverit, ad publicum opus et usum academiae. Per me, Rob. NoRGATfi, procan. Edm. Barwell. JoH. Still. Rich. Howland. Tho. Legge. Umf. Tyndall. Per me, Joh. Bell. Tho, Neville. 390 i)u. wiiiTAKr.K. [1584 DOCTOR WHITAKER TO LORD BURGHLEY. [From MS. Lansd. no. 43, art. 39.] To the riglit honorable the lorde of Burghley, lord highe treasurer of Englande. Fui jamdudum, honoratissime domine, molestus tibi literis meis ; itaque nunc verecunde admodum et timide accedo ad scribendum. Obtestor autem humanitatem tuam, quae sane honorem tuum etsi amplissimum superat, ut harum literarum mihi molestiam condones. Urgeor enim hujus scriptionis necessitate, quae vellem non contigisset, ut nee ego honori tuo molestus, nee mihi quisquam injuriosus exstitisset. Equidem injectam esse honori tuo suspicionem de me nonnullam doleo ; qui me dolor acerbissime vexaret, nisi ita essem de tua erga me benevolentia persuasus, ut vera airoko^ia posse tibi penitus satisfieri, omnemque ex animo tuo scrupulum eximi sperarem. Nisi vero sta- tuerem ipse mecum ea praestare quae ad loci illius munus pertinent, ilium profecto quantumvis oblatum recusarem. Sed me hac in re non dubito et honori tuo et bonis omnibus abunde satisfacturum. Non ignoro quanta piu- dentia et moderatione opus sit in tam variis ingeniis atque moribus. Enitar ut si non optimus, tamen a pessimo longe remotus esse videar. Pacis, concordiae, consensionis auctor ero ; factionum occasiones, quantum possum, ampu- tabo ; non commitant ut me quisquam partium studiosum merito judicare possit ; leges diligentissime observabo ; denique, si non fuero talis qualem locus postulat, qualem leges praescribunt, qualem auctoritas approbabit, moveri possum, et me motum loco non gravate feram. Quid ergo est, quod in me quisquam desideret? quod de me suspi- cetur ? quod illo me loco indignum esse censeat ? Si vero non sum dignus illo loco, nee eo sane me dignum putare 1584] DR. WHITAKER. 391 possum, quern nunc teneo tenuique annis aliquot, et quern in posterum non l^etus ac lubens tenebo, si hujus repulsae ignominiam patior. Quid fecerim, ut vixerim, quos eccle- siae causa labores susceperim, non ignotum est honori tuo, ut qui me de ecclesia nostra non bene mereri criminantur, factis melius quam verbis refelli possint. Et quidem me totum vitamque meam omnem istis consecravi academicis studiis, ut possem ecclesiae nostras operam meam in illis necessariis cum adversario concertationibus navare. Si in hac causa plagam accipio, si nunc criminationibus, nescio quibus, circumvenior atque opprimor, si hie tuum etiam praeterea favorem, quem unice semper colui, et quem pa- tronum fore mihi speravi, amitto ; dolebo casum meum, meque bonae conscientiae testimonio, ut potero, consolabor. Nihil quidem accidit nunc mihi praeter expectationem meam ; non enim dubitabam fore qui tuum a me animum alienare cuperent ; non eo sane quod ingenue existimarent vera esse quae criminarentur, sed ut mihi locum ilium aliquo modo eriperent. Quod si preestare et consequi poterunt, ut tibi de me quod cupiunt omnino persuadeant, ego sane conquiescam, atque illud prophetse melius medi- tabor, Bonum est conjidere in Deo quam in homine ; honum est sperare in Domino quam in principibus. Dominus Jesus honorem tuum conservet atque augeat. Cantabrigiae, Ka- lend. Februarii, 1584. Honoris tui studiosissimus, GuiLIELMUS WhITAKER. 392 CASE OF TOBIAS BLAND. [1584 CASE OF TOBIAS BLAND. [From MS. Lansd. no. 45, art. 65.] Articles against Tobias Blande, bachelor of arte. Imprimis, Tobias Blande did make and publish about two yeres since, in Bennet College, one infamous lible, blas- phemous to the dishonoure of God, directed manifestlie against Mr. doctor Norgat, master of that college, and now vice-chancellor of the University. 1. Being founde by the master and fellowes of that college to be autor of that libell, for part of his punish- ment he made open confession of that facte before the master, the fellowes, and all the schollers. 2. After confession so made, he was put to shame of sytting in the stockes, and then expelled and banished the colleg. 3. His expulsion in that manner for making the libell was made known to all colleges in the towne by the par- ticular bylles of Mr. D. Norgate, sent to every master of a colleff, wherin he declared unto them the fact and the punishment, lest any of them ignorantlye might receave him into their colleges. 4. The sayde libell was entituled, A necessary Cathe- chisme to be red every Sunday morning e ; and began, as it is thought blasphemously. In the name of the father, the sonn, and the old wiffe, etc. Item, it is vehemently suspected, that in the saide libell an honorable personage was touched. 1. This suspicion is bruited abroade by the common voyce of most men who have hearde any thing of the libell. 2. The sayd Tobias Bland, comming to request favor in his sute, was advised by Mr. vice-chancellor, who had before thoroughly examined his libell, and was not igno- 1584] CASE OF TOBIAS BLAND. 393 rant of any thing therin conteined, to go up to sir Francis Walsingham, to confesse his faulte, to requests his favor, and obtaine his letters for his degree ; other\vise he shoulde never be admitted master of art by him. 3. In the sayde libelle this name, sir Francis, was sus- piciouslye brought in, as by the circumstance of tyme and occasion of that libell may be gathered. Tobias Bland, convicted and thus expelled for his libell, is not to be admitted to the degree of a master of art. 1 . He ought also to be expelled the University by vir- tue of the statute de modestia, cap. 47, qui famosum, etc. And being expelled, might never after retorne into the Universitie, as appeareth in the statute de forma hanni- tionis seholarium, etc. fol. 5. 2. Though he be not yet expelled the Universitie, yet, having so justly and so orderly been expelled one college, per statutum de ordinationihus collegiis prcescriptis, cap. 50, he ought not to be admitted or suffered in any other. 3. No infamous person ought to be admitted to the degree of a master of art, cap. 19, de modis approbandi; and by lawe it is warranted, that every maker or pubhsher of a libell is infamous. Statutes and auncient customes of the Universitie have not ben observed in the proceding of this his petition for his degree. 1. Wheras by the statute of the Universitie no more termes are to be propounded in any grace then in truthe may be advouced, statut. de gratiis concedendis, cap. 21, Tobias Bland having not continued ix. termes in the Uni- versitie, nor in anye colleg of the Universitie, yet pro- pounded in his grace ix. termes. 2. The fonne of scrutinie prescribed in another clause of the statute de gratiis concedendis, cap. 21, being the onely forme set downe in statute, was not obsei-ved, as well in that intelligenc was gyven unto sir Blandes fautors that he waawQ ry^j'^ v.vi ->'>j<% to east it on Ins fide, as dbo that the scmtiiik being i^aaehred and seuteoee fnnmmeed for aii ihe test, who were ifiqiuftsd of in tb«: ceune sou- tinie, iras extraordinarilie eumtiniied in tawor td hin^ and bj that nieanes he ^^rerajkd hy one rfi«ee fetthed out of tlie toirne. S, WlKsas, fcj etKtom of all fanner tjmat, be tbat ob- tained and weed a giaee «n/ imtramdmm, as we call it, and if be were r&puked. ^gaine out of ihe repeat bonse at. tbe same eoi^gn^^stion, was wont to vMtt againe and to bar a new giaee ■ ''j-.t "jy-mts^s^iatm^ but tbat ttsrme akr. . . . brou^^ into tbe regent boose in aasKoet e&o^re^axkcm and anolhex terme, Tbe summe and efi^etc' 1. T^^iU?. Vj*jixA wa» ex \ Bennet CoUe$? for k. into he ejsf^Hed tbe Uci- vf wbieb, be is imfama* jfTopter tU'va/a m^/re*. -% aeemdmg to wtaUtt, we doe leque^ ■ --j b THE NEXI^Ee.^ OF THE SE9ATE. TO I»flD »ICKtiHLt,r. [Frmw MS, JUuMfdL »<«, 'id* art, (^,] DcJO ^m iGare amoi sunt, bonoi3txs»nie BnHluemia, eum vud nos Tobias Bland eonipoi»tian a se in&mewi - 'rllunu In quo primmn, id quod apparet, jegii sui et jam rke-eaaaedktnumf deitadte^ ut v<: iwpido ««t, unum ex bonofatiwiniis rejdriUff eon*. vaiittiam desH^gnafat; poftremo, id quod lo»^<: -.^ ..At, m(ra» proyeeefat btaspbemiaw *tia»s 158f] CASE OF TOBIAS BLAXD. 395 in summmn Demn, odaosA res magistro et socm (Hnmbas Tidebatiir. Itaque hommem e eolkgio suo expelliiiit: mit timt statim fibelloe sJngillatiin ad omnia ocdkgia, ut aeadeaase kgibiK oonsfitiitiiin est, ne iDnm adadttetent. £x quo ejectiis, exsA, ad ikmi jus ncm loeas in acadonia eas^ rmi Tixit, quanta cum iwfaiwia et <:^^ndoae bono- lum % irorum jam n, videlicet, pro qualibet meiisura pra,'dictaruni separa- liuiu nieiisviraruni vini piiedicti sic per ipsum ut prsefertur vendita et utterata per retalliam in forma praedicta con- tra forinam statuti pracdicti v", quodque ipse idem Hugo Bonnell medietatcni inde habere valeat juxta formam sta- tuti prjcdicti, ac quod prsedictus Johannes Baxter veniat ad respondendum in prasmissis. Super quo, concordatum est quod mandetur praefato Johanni Baxter per breve dominae reginae nunc sub sigillo hujus scaccarii essendi hie, etc. ad respondendum in praemissis, et hoc sub poena centum librarum quas, etc. si non, etc. ; et praeceptum eidem Jo- hanni in forma praedicta ita, etc. a die Paschae in xv. dies. Ad quem diem idem Johannes Baxter venit hie per God- fridum Fanshaw ejus attornatum, et petit auditum informa- tionis praedictae, et ei legitur ; qua audita et per ipsum intellecta, quia non est j)lenarie avisatus ad prassens ad respondendum dominae reginae in prjemissis, petit ex gratia curiae diem sibi dari citra quem, etc. Quod ei concessum est, et super hoc datus est dies hie prasfato Johanni Baxter eodem statu quo nunc usque octavis sanctas Trinitatis, ad quem diem idem Johannes Baxter venit hie per attornatum suum praedictum, et habet diem ulterius ex causa praedicta usque octavis sancti Michaelis. Ad quem diem Johannes Baxter venit hie per attornatum suum praedictum, et que- ritur se colore prEemissorum in dicta informatione speci- ficatorum graviter vexatum fore et inquietatum, et hoc minus juste, quia idem Johannes Baxter (protestando quod ipse inter primum diem Februarii in dicta informatione specificatum et diem exhibitionis ejusdem informationis aj)ud Cantebrigiam pradictam non vendidit seu utteravit per retalliam per parvas mensuras in dicta informatione nominatas, seu per earum aliquam, aliquid vinum Vas- con. vocatum claret wine ad praedicta separalia pretia in eadem informatione specificata contra formam statuti pra-'dicti) dicit quod curia dominae reginae liic placitum 1587] SALE OF WINES. 445 illud ulterius cognoscere non debet, quia dicit quod Uni- versitas Cantebrigiae in comitatu Cantebrigias est, et a tempore quo non exstat memoria fuit antiqua Universitas, quodque dominus Ricardus nuper rex Angliee Secundus per litteras suas patentes magno sigillo suo Angliae sigil- latas hie in curia prolatas gerentes datum apud Westmonas- terium in comitatu Middlesexige, xvij° die Februarii, anno regni sui quinto, recitando quod cum ad regni cujuslibet justum regimen, nominis exaltationem et honorem, et stabile fulcimentum, studimn et exercitium artium libera- lium inibi existentium summe necessaria et quamplurimum opportuna, cumque quodlibet regnum ubi hujusmodi vi- geant studium et exercitium, rectius regitur in prosperis, et salubrius dirigatur in dubiis et adversis, et ubi excrescit abundantius copia clericorum, ibi juxta antiquorum asser- tiones (quas veras idem nuper rex reputavit) constat vene- rabilem militiae ordinem plus vigere : idem nuper rex ad praemissa sollicitam debitamque considerationem impen- dens, volensque pro incremento et perfectione hujus studii in venerabili Universitate sua Cantebrigiae, ex qua viri magnae literaturse et scientiee laudabiles et conspicui ad regni sui tam commodum quam honorem ssepius proces- serunt et favente domino procedent in eventu, et ut magistriet scholares ejusdem Universitatis, sedatis litibus et debatis, quse inter ipsos et laicos dictae villa; ex charistia victualium et abusu mensurarum et ponderum, et aliis viis et modis quampluribus, fuerant diversimode suscitati, stu- diis et exercitio liberalium artium prasdictarum successivis temporibus se gaudeant eo vigilantius dedicare, quo se successoresque suos fore noverint per ipsum libertatibus et privilegiis communitos dc regali munificcntia provideri, idem nuper rex, de assensupraelatorum, procerum, et mag- natum regni sui Angliae adtunc in praesenti parliamento ejusdem nuper regis eidem nuper rcgi assistentium, per praedictas suas literas patentes ordinavit et concessit pro 446 DISPUTES WITH THE TOWN. [1587 se et haeredibus suis, et per praedictas literas suas patentes coufirmavit, quod canccllarius Universitatis praedictae et successores sui et eoruni vices gerentes soli et insolidum in villa Cantcbrigiac et suburbiis ejusdem extuiic imper- petuum liabeant custodiam assisae panis, vini, et cervisiae, ac correction em et punitionem ejusdem, cum finibus, amer- ciamentis, et proficuis aliis inde provenientibus, ac etiam custodian! assisae et assaiae, ac supervisum mensurarum et ponderuni, in dicta villa Cantebrigiae et suburbiis ejusdem ; ita quod quicunque cancellarius dict^e Universitatis qui tempore fuerit ibidem vel ejus vicem gerens, quoties opus fuerit, dicta mensuras et pondera supervideat, et ea quae falsa invenerit, comburi et destrui faciat, et alia legalia et justa deputet et consignari faciat, necnon transgressores quos in bac parte invenerit debite puniat et castigat; quodque soli et insolidum habeant potestatem inquirendi et cognoscendi de forstallatoribus et regratariis, et de carni- bus et piscibus tam putridis et viciosis et alias incompeten- tibus in dicta villa Cantebrigiae et sviburbiis ejusdem quam aliis, et super his debitam punitionem faciendi, et guber- nationem, correctionem, et punitionem prsedictorum et alio- rum victualium quorumcunque, simul cum omnibus finibus, forisfacturis, amerciamentis, et aliis proficuis inde proveni- entibus, reddendo praedicto nuper regi et haeredibus suis annuatim decern libras ad scaccarium suum ad terminos Paschae et sancti Michaelis per aequales portiones imper- petuum, prout per easdem Kteras patentes inter alia plenius apparet. Et idem Johannes Baxter ulterius dicit, quod praedicta domina regina nunc per literas suas patentes magno sigillo suo Angliae sigillatas, gerentes datum apud Westmonasterium praedictum xxvjt° die ApriKs anno regni dictae dominae reginas tertio in curia hie prolatas, eadem domina regina per praedilectum consiliarium suum Williel- mum Cecill, militem, cancellarium praedictae Universitatis adtunc, intelligens quod multi scholares in dicta Universi- 1587] SALE OF WINES. 447 tate studentes et commorantes extra Universitatem prse- dictara per brevia sua ad diversas curias suas arrestantur, attachiantur, trahuntur, et super plaeitis et trausgressioni- bus praedictis raolestantur quotidie et gravantur, ad grave damnum studii et facultatum suarum, ac contra cartam dicti domini regis, et libertates in ea carta ut supradictum est concessas, eadem domina regina pio et quieto studio- sorum voto et tranquillitati in hac parte consulere ac pro- videre volens, ac gratiam facere specialem, per easdem lite- ras patentes, ac ex certa scientia et mero motu suis, pro se, hseredibus et successoribus suis, dedit et concessit pras- fatis cancellario, niagistris, et scholaribus, et successoribus suis, imperpetuum, quod ipsi, et eorum loca tenentes pro tempore existentes, coram seipsis habeant cognitionem om- nium et omnimodorum placitorum personalium, tarn debi to- rum computorum et quorumcunque aliorum contractuum et injuriarum, quam transgressionum contra pacem ac mis- prisionum quarumcunque, ut praedictum est, infra villam prasdictam et suburbia ejusdem initorum et factorum, sive aliquo tempore imposterum faciendorum sive ineundorum (mahemio et felonia duntaxat exceptis), ubi et quandocun- que aliquis magister vel scholaris, vel serviens scholaris, aut communis minister dictae Universitatis, una partium fuerit, et omnia et singula hujusmodi placita et transgressiones praedicti cancellarius et scholares et eorum loca tenentes et successores sui audiant, teneant, et finaliter determinent, ubicunque infra villam et suburbia ejusdem villae placuerit, et inde executionem faciant secundum leges et consuetu- dines suas antehac usitatas, et quod curia dicti cancellarii, magistrorum, et scholarium, super hujusmodi plaeitis et transgressionibus praedictis sit curia dc recordo, et quod de hujusmodi actionibus, querelis, sectis, et transgressionibus, tam ex officio quam ad sectam partis secundum leges et consuetudines prjcdictas inquirant et cognoscant, audiant, et finaliter determinent, eisdem modo et forma prout ante 448 DISmiTKS WITH THE TOWN. [1587 lia^c tempora usi fucrint, ac tain per amerciamenta se- cundum sanas discretion cs suas imponenda, quam per im- prisonamenta corporuni delincjucntium, contuBiacium, et reorum, ad compcllandos onnics et singulos delinquentes et defendentes in hujusmodi actionibus, querelis, et trans- gressionibus, comparendis et respondendis in eisdem ac- tionibus, querelis, et transgressionibus ; et si aliquis de- linquens aut defendens, seu aliqui defendentes seu de- linquentes, in aliqua hujusmodi actione, querela, seu trans- gressione convicti fuerint, vel convictus fuerit, ad compel- lendos omnes et singulos hujusmodi delinquentes reos et defendentes ad satisfactionem de omnibus unde convicti fuerint, seu eorum aliquis convictus fuerit, secundum leges et consuetudines dicta? Universitatis antehac usitatas, vel secundum statu ta hujus regni sui Angliae jam edita seu imposterum edenda; et quod tam justiciarii ad placita coram ipsa, haeredibus et successoribus suis, tenenda et as- signanda, et justiciarii sui, et haeredum et successorum suorum, de banco, quam alii judices quicunque in prjEsentia et absentia sua et haeredum et successorum suorum, dictis cancellario et ejus successoribus, eorum que loca tenenti- bus, de omnimodis placitis praedictis allocationem faciant absque difficultate vel impedimento aliquali ; et quod nullus justiciarius seu judex in presentia vel absentia sua, haeredum vel successorum suorum, vicecomes, major, ballivus, seu alius minister, de placitis illis seu aliquo eorundem se in- tromittat, nee partem ad respondendum coram ipsis ponat, sed quod pars ilia coram praefatis cancellario et succes- soribus suis, seu eorum loca tenente, inde solummodo jus- tificetur et puniatur in forma pracdicta, et non alibi neque aho modo ; et quod omnia et singula brevia super hujus- modi placitis vel transgressionibus contra banc suam con- cessionem facta seu fienda sint ipso jure nulla. Et idem Johannes Baxter ulterius dicit quod per statuta in parlia- mento domini Edwardi nuper regis Anglia? Sexti, apud 1587] SALE OF WINES. 449 Westmonasterium praedictum primo die Martii anno regni sui septimo tento, edita et provisa, intitulata, videlicet, actus ad evitandum magna pretia et excessiva vini, inter alia inac- titatum fuit et provisum auctoritate ejusdem parliamenti, quod idem actus seu aliqua res in eodem contenta aliquo modo non foret praejudicialis sive nocua alicui Universitatum Oxoniae et Cantebrigiae, seu cancellariis vel scholaribus earundem, aut successoribus suis, vel alicui eorum, ad immi- nuendum ( Anglice to ympaire) vel auferendum aliquas liber- tates, privilegia, francliesias, jurisdictiones, potestates, sive auctoritates, eis vel alicui eorum pertinentia sive spectantia, sed quod ipsi et quilibet eorum, ac sui successores, possent habere, tenere, uti, et gaudere omnibus suis libertatibus, privilegiis, franchesiis, jurisdictionibus, potestatibus, et auctoritatibus, in tali largo et amplo modo, prout si dictus actus nunquam fuisset habitus sive factus ; ita semper quod non forent plures sive major numerus tabernarum (Anglice tavernes) custoditus vel manutentus infra aliquam dicta- rum villarum de Oxonia sive Cantebrigia quam possunt legitime custodiri sive manuteneri per provisionem et veram manutentionem ejusdem statuti, aliqua re in dicta pro- visione mentionata in contrarium non obstante, prout per eundem actum de anno septimo praedicti nuper regis Ed- wardi Sexti plenius apparet. Et etiam idem Johannes Baxter ulterius dicit quod per quondam actum in parlia- ment© dominae reginae nunc apud Westmonasterium prae- dictum secundo die Aprilis anno regni sui xiij° tento editum, inter alia inactitatum fuit auctoritate ejusdem parliamenti quod pracnobilis Willielmus Cecill, baro de Burleigh, adtunc cancellarius Universitatis Cantebrigia;, et successores sui imperpetuum, magistri, ac scholares dictae Universitatis Cantebrigiae, ct successores sui imperpetuum, magistri ac scholares ejusdem Universitatis pro tempore existentes, incorporati forent et haberent perpetuam suc- cessionem in facto, re, et nomine, per nomen cancellarii, G G 450 DISPUTES WITH THE TOWN. [1587 magistrorum, et scholarium TJniversitatis Cantebrigiae, et per nullum aliud nomen, nuncuparentur seu appellarentur im- perpetuum; et quod haberent unum commune sigillum ad serviendum pro necessariis causis suis concernentibus dictos cancellarium, magistros, et scholares dicta? Universi- tatis Cantebrigiae, et successores suos. Et ulterius inacti- tatum fuit auctoritate ejusdem parliamenti, quod praedictae litera? patentes dictee dominas regina? nunc factae et con- cessae cancellario, magistris, et scliolaribus TJniversitatis Can- tebrigiae, gerentes datum praedicto xxvj*' die Aprilis anno regni sui tertio supradicto, ac etiam omnes ali^e literae patentes per aliquem progenitorum seu praedecessorum suo- rum dictae dominae reginee factae praedicto corpori incorpo- rato seu aliquibus praedecessorum suorum, per quodcunque nomen seu nomina iidem cancellarius, magistri, et scho- lares dictae Universitatis in aliquibus literarum patentium antehac nominati fuerint, adtunc deinceps bon« et elFec- tuales in lege valentes exstarent, ad omnes intentiones, constructiones, et proposita, dictis nunc cancellario, magis- tris, et scholaribus dictae Universitatis, et successoribus suis imperpetuum,juxtaet secundum formam, verba, sententias, et veras intentiones singularum dictarum literarum paten- tium, tam ample, plene, et large, ac si dictae patentes in praesenti illo actu parliamenti verbatim recitarentur, aliqua re in contrarium inde aliquo modo non obstante. Et ulte- rius inactitatum fuit auctoritate ejusdem parliamenti, quod cancellarius, magistri, et scliolares dictae Universitatis, et eorum successores imperpetuum, per idem nomen cancel- larii, magistrorum, et scholarium praedictae Universitatis Cantebrigiae haberent, tenerent, possiderent, gauderent, et uterentur, sibi et successoribus suis imperpetuum, omnimoda maneria, dominia, rectorias, parsonagia, terras, tenementa, redditus, servitia, immunitates, advocationes ecclesiarum, possessiones, pensiones, et haereditamenta, et omnimoda libertates, franchesias, immunitates, acquietancias, et privi- 1587] SALE OF WINES. 451 legia, visus franci plegii, les latvdaies, et alias res, quaecunque forent, quae dictum corpus iiicorporatum dictae Universi- tatis habuisset, tenuisset, occupasset, seu gavisum fuisset, sive de jure debuisset habuisse, tenuisse, usum fuisse, oc- cupasse, et ga\'isum fuisse, ad aliquod tempus vel tempora ante confectionem ejusdem actus parliamenti, secundum veram intentionem literarum patentium in eodem actu mentionatarum dictse dominae reginse nunc factarum et concessarum cancellario, magistris, et scholaribus Universi- tatis Cantebrigias, gerentium datum in actu illo specifi- catum, et secundum veram intentionem omnium aliarum literarum patentium quarumcunque, aliquo statuto vel alia re vel rebus quibuscunque prseantea factis sive actis in contrarium in aliquo modo non obstantibus. Et ulte- rius per eundem actum inter alia inactitatum fuit auc- toritate ejusdem parliamenti, quod praedictae literae pa- tentes dictae dominae reginae nunc concessae piaedictis cancellario, magistris, et scholaribus dictae Universitatis Cantebrigiae in eodem actu specificatae, ac etiam omnes alias literas patentes per aliquem progenitorum seu prae- decessorum ejusdem dominae reginse nmic, necnon om- nimoda libertates, francbesiae, immunitates, quietanciae, et privilegia, letae, les lawdaies, et aliae res quaecunque, in eisdem expressae, datae, vel concessas dictis cancellario, magistris, et scholaribus dictae Universitatis, vel alicui prae- decessorum suorum, per quodcunque nomen dicti cancel- larius, magistri, et scholares dictae Universitatis in aliquibus dictarum literarum patentium nominati fuerint, virtute ejus- dem actus extunc deinccps forent ratificata, stabilitata, et confirmata dictis cancellario, magistris, et scholaribus dictae Universitatis, et suis successoribus imperpetuum, aliquo statuto, lege, usu, consuctudine, constructione, seu aliqua re in contrarium in aliquo non obstante ; salvis omnibus et cuilibet personae et pcrsonis, et corporibus politicis et incorporatis, haeredibus et successoribus cujuslibet eorum 452 DISPUTES WITH THE TOWN. [1587 (aliis quam clictae dominse reginae nunc, suis haeredibus et successoribus), omnibus hujusmodi rcctis, titulis, interesse, et dimission .... rationibus, conditionibus, oneribus, et demandis, quae ipsi et quilibet eorum tunc habuerunt vel habere debuerunt, de, in, seu ad aliqua maneria doniinio- rum, rectoriarum, parsonagioJcum, terrarum, tenementorum, reddituum, servitiorum, annuitatum, advocationum eccle- siarum, pensionum, portionum, haereditamentorum, et om- nium aliarum rerum in dictis literis patentibus vel in aliqua earum mentionatarum sive comprisatarum, ratione aHcujus recti, tituli, oneris, interesse, sive conditionis, eis vel alicui eorum, vel antecessoribus seu praedecessoribus eorum, aut alicujus eorum, devoluti vel accreti, ante separalia data dictarum literarum paten tium, vel ratione alicujus doni, concessionis, dimissionis, vel aliorum actus seu actuum, ad aliquod tempus factorum sive actorum, inter dictos cancel- larium, magistros, et scholares dictae Universitatis Cante- brigiae, vel alicujus eorum, vel aliorum, per quodcunque nomen sive nomina quaecunque eadem fuerint facta sive acta, in talibus modo et forma prout ipsi et quilibet eorum habuere vel habere potuerunt eadem ante confectionem ejusdem actus, aliqua re in eodem actu contenta in con- trarium in aliquo non obstante, prout per eundem actum de anno xiij° supradicto inter alia plenius apparet. Et idem Johannes Baxter in facto dicit, quod villa Cantebrigiae in informatione praedicta specificata, infra qnam supponitur ipsum Johannem ofFensam praedictam in dicta informatione mentionatam commisisse, et praedicta villa Cantebrigiae in dictis literis patentibus superius specificatis, necnon prae- dicta villa Cantebrigiae in praedictis separalibus statutis superius mentionatis sunt una et eadem villa, et non alia neque diversa; quodque non sunt, nee praedicto tempore quo supponitur praedictam ofFensam, seu aliquod eorum fieri fuere plures sive major numerus tabernarum (Anglice tavernes) custoditus vel manutentus infra dictam villam 1587] SALE OF WINES. 453 Cantebrigiae quam possunt et potuerunt legitime custodiri sive manuteneri infra eandem villain per provisionem et veram intentionem praedicti statuti praedicti nuper regis Edwardi Sexti de prasdicto anno septimo editi et provisi ; et quod dictse literae patentes dominse reginae nunc gerentes datum xxv'jo die Aprilis anno regni sui tertio superius pla- eitato, et dictae literae patentes dictae dominae reginae nunc gerentes datum eisdem die et anno sic superius in dicto actu parKamenti mentionatis, sunt unae et eaedem, et non aKae neque diversae. Et idem Johannes Baxter ulterius dicit, quod ipse est, et praedicto tempore quo supponitur ofFensam praedictam fieri fuit communis minister dictae Universitatis, videlicet, unus ex bedellis armigeris ejusdem Universitatis. Et hoc paratus est verificare prout curia, etc. unde petit judicium, si praedicta curia dictae dominae reginae hie placitum praedictum ulterius versus ipsum Johan- nem Baxter tenere aut cognoscere velit aut debeat, ac quod ipse (quoad praemissa) ab hac curia dimittatur. Et quia curia vult avisare se de placito praedicto antequam ulterius, etc., datus est dies hie praefato Johanni Baxter eodem statu quo nunc usque octavis sancti Hilarii. Ad quem diem praedictus Johannes Baxter venit hie ut prius, etc. Et ex causa praedicta habet diem ulterius usque xv^"* Paschae. Ad quem diem praefatus Johannes Baxter venit hie ut prius, etc. Et ex causa praedicta habet diem ulte- rius usque octavis sanctae Trinitatis. Ad quem diem prae- dictus Johannes Baxter venit hie ut prius, etc. Et Johan- nes Popham, armiger, attornatus dictae dominae reginae nunc generahs, qui pro eadem domina sequitur, praesens hie in curia ad eundem diem in propria persona sua tam pro eadem domina regina quam pro praedicto Hugone Bonnell, dicit quod placitum dicti Joliannis Baxter, per ipsum supe- rius placitatum, minus sufficicns in lege existit ad ponen- dum curiam liic a jurisdictione tenendi placitum in infor- matione praedicta specificatum, unde ex quo idem Johannes 454 CASE OF MOSES FOWLER. [1587 Baxter ad informationem pryedictam sufficienter non re- spondit, idem attornatus dictas doniiiije regiiite, tarn pro dicta domina regina quam pro prsedicto Hugone Bonnell, petit judicium, et quod curia hie habeat inde jurisdic- tionem. Et pra^dictus Johannes Baxter dicit, ex quo ma- teria pra^dicta per ipsum supcrius in placito suo prsedicto allegata, quam ipse est paratus verificare, sufficiens est in lege ad ponendum curiam hie a jurisdictione ulterius te- nendi placitum in informatione praedicta, quam quidem materiam prsedictus Johannes Popham, attornatus dictse dominae reginae generalis, qui tam pro praedicta domina regina quam pro praedicto Hugone Bonnell sequitur, non dedicit, nee ad eandem aliquaKter respondit, sed verifi- cationem illam admittere omnino recusat, petit judicium, si cui-ia hie ulterius cognoscere velit. Et prsedictus attor- natus pro eadem domina regina dicit, ut prius dixerat, et petit similiter judicium ciuiee, etc. Ideo, ad judicium, etc. Inter recorda de termino sancti Hilarii anno 28° reginse Eliza- bethae, rotulo 125, ex parte remembratoris reginae in scac- cario. CASE OF MOSES FOWLER. [From MS. Arundel, no. 54, fol. 236, r".] Quod Moises Fowler, scLolaris, habeat allocationem privilegioruni Universitatis coram justiciariis de banco secundum tenorem cartaj dominse reginae Elizabethse, anno regni sui xvij" concessse, et quod vicecomes Norwici supersedeat in placito versus eum de exigi faciendo. MoiSES Fowler, nuper de villa Cantebrigiae in comitatu Cantebrigiae, sacra; theologiae professor, alias dictus Moises Fowler in sacra theologia baccalaureus, socius Collegii Cor- poris Christi et Beatas Mariae in Cantebrigia, summonitus fuit ad respondendum Johanni Drake de placito quod rcd- dat ei sexaginta libras quas ei debet et injuste detinet, etc. 1587] CASE OF MOSES FOWLER. 455 Et modo hie ad huiic diem, scilicet, a die Paschae in xv. dies, venit praedictus Moises in propria persona sua, et protulit hie in curia literas dominse reginae patentes sub magno sigillo suo Angliae sigillatse, gerentes datum apud Westmonasterium decimo die Maii anno regni sui xvij", per quas eadem domina regina nunc pio et quieto stu- diosorum voto ac tranquillitati consulere ac providere vo- lens, ac gratiam facere specialem, ex certa scientia et mero motu suis, pro se, haeredibus et successoribus suis, dedit et concessit cancellario, magistris, et scbolaribus Universi- tatis suae Cantebrigiae, et successoribus suis imperpetuura, quod ipsi et eorum loca tenentes pro tempore existentes coram seipsis haberent cognitionem omnium et omnimo- dorum placitorum personalium, tam debitorum compotorum et quorumcunque aliorum contractuum et injuriarujn, quam transgressionum contra pacem et misprisionum quarum- cunque infra Cantebrigiam praedictam et suburbia ejusdem initorum et factorum, sive aliquo tempore extunc impos- terum faciendorum sive ineundorum (mahemio et felonia duntaxat exceptis), ubi et quandocunque aliquis magister vel scholaris, vel serviens scholaris, aut communis minister dictae Universitatis unus partium foret, et omnia et singula hujusmodi placita et transgressiones praedicti cancellarius et scliolares, et eorum loca tenentes et successores sui, au- dirent, tenerent, et finaliter determinarent ubicunque infra villam et suburbia ejusdem villae placeret, et inde execu- tionem facerent secundum leges et consuetudines suas ante tunc usitatas ; et quod curia dicti cancellarii, magistrorum, et scholarium super hujusmodi placitis et transgressionibus prajdictis foret curia de recordo, et quod de hujusmodi actionibus, querelis, sectis, et transgressionibus, tam ex officio quam ad secta partis, secundum leges et consuetu- dines prsedictas inquirerent et cognoscerent, audirent, et finaliter determinarent eisdem modo et forma, prout ante data carundem literarum patcntium usi fucrunt, ac tam 456 CASE OF MOSES FOWLER. [1587 per amerciameuta secundum saiias discretiones suas com- ponere, quam per imprisonamenta corporum delinquen- tium, contumacium, et reorum, ad compellendos omnes et singulos deliiiquentes et defendentes in hujusmodi action- ibus, querelis, et transgressionibus. Et si aliquis delin- quens aut defendens, seu aliqui delinquentes seu defen- dentes, in aliqua hujusmodi actione, querela, seu transgres- sione eonvictus foret seu convicti forent, ad compellendos omnes et singulos delinquentes, reos, et defendentes, ad satisfaciendum de omnibus unde convicti forent, seu aliquis eorum eonvictus foret, secundum leges et consuetudines dictae Universitatis ante tunc usitatas, vel secundum sta- tuta hujus regni Angliae tunc edita et extunc imposterum edenda. Et quod tam justiciarii ad placita coram dicta domina regina, hasredibus et successoribus suis, tenenda assignati et assignandi, et justiciarii ipsius dominas reginae, liaeredum et successorum suorum, quam alii judices qui- cunque in praesentia et absentia ipsius dominae reginas, liaeredum et successorum suorum, dicto cancellario et ejus successoribus eorumque loca tenentibus de omnimodis placitis praedictis allocationem facerent absque difficultate vel impedimento aliquali. Et quod nullus justiciarius seu judex in praesentia vel absentia dictae dominae reginae, liae- redum vel successorum suorum, vicecomes, major, ballivus, seu alius minister de placitis illis seu aliquo eorum se in- tromitteret, nee partem ad respondendum coram ipsis pon- eret, sed quod pars ilia coram praefato cancellario et suc- cessoribus suis, seu eorum loca tenentibus, inde solummodo justificaretur et puniretur in forma praedicta, et non alibi iiec alio modo ; et quod omnia et singula brevia super hujusmodi placitis et transgressionibus contra eandem con- cessionem facta, seu extunc fienda, forent ipso jure nulla. Et super hoc praedictus Moises dicit, quod ipse est socius Collegii Corporis Christi infra Universitatem praedictam, et ea ratione privilegiata persona in eadem, unde non intendit 1587] DISPOSAL OF LIVINGS. 457 quod justiciarii hie placitum praedictum versus ipsum Moi- sem ulterius cognoscere velint; et petit libertates et privi- legia Universitatis praedictae per curiam hie ei allocari, etc. Ac etiam petit breve dominae reginae de supersedeas in pla- cito praedicto vieeeomiti Norwici dirigendum, quibus breve dictae dominae reginae de exigi faciendo ipsum Moisem ad sectam praedicti Johannis super placito prsedieto a curia emanavit, ac returnabile hie in erastino sanctae Trinitatis proximo futuro existit. Et ei eonceditur, etc. Ideo prse- ceptum est vieeeomiti Norwici quod ipse de pragfato Moise ulterius exigendo, utlagando, capiendo, seu in aKquo mo- lestando, oceasione praemissa supersedeat omnino. Dicentes prasfato Johanni quod sit ad praefatum terminum ostensurus si quid pro se habeat aut dicere sciat quare praedictus Moi- ses libertatibus et privilegiis Universitatis praedictae gaudere non debeat, si voluerit, etc. >i* Inter placita coram justiciariis de banco, termino Paschse, anno xxix° reginae Elizabethae, rotulo, m''.dccclix°. PLAN FOR THE DIVISION OF ECCLESIASTICAL BENEFICES. J. BEACON TO LORD BURGHLEY. [From MS. Lansd, no. 54, art. 2.] To the right honorable, my singuler good lord, the lord high treasorer of England. Give me leave (right honorable) to be your lordships re- membrancer of a blessed and singuler bcnefite to the church of God and the students of the University, obteined by your lordships mediation many years since, and most gra- ciously grauntcd by her most excellent majestic, for the renewing or execution whcrof rcmayning in the rccordes at 458 DISPOSAL OF LIVINGS. [1587 Cambridge, either never once begon to be put in practice, or sone intermitted: the generall and just complaint in these dayes, for want of sufficient enstruction of the people ill divers countries, of sharing ecclesiasticall livings be- tweene corrupt patrones, ordinaries, and hirehngs, of suf- fering many godly and lerned preachers in both the Uni- versities to remaine lesse profitable to the church, lesse comfortable to them selves, and to no lesse discouragement of younge students in divinity, doth make humble suite to your lordsliip, or to both the chauncelors of either University joyntly, that by your honorable mediation to her highnes, it may be from hencforth more rehgiously observed, that every second or third yeare either University do send up the names of all their lerned and well disposed students in divinity, ripe, ready, and wiUing to be dispersed abroade into the Lordes vineyard, to remaine with her highnes principall secretaries or clarkes of the signett, and the lord chauncelor for the time being, as faithfull remembraunces of her majesties most gracious zeale and disposition for their timely prefermentes. What would not this example worke in the inferiour subject for imitation ! How would it revive the dulled and discouraged spirits of University students, which, after their bodies and substance wearied and spente, might stand in some certaine hope of their tymely employmentes to the good of the chui'ch, and ther owne provision and maintenance ! Nothing would sooner daunt or restreine the shameles corruptions of these times, or worke greater joy and hope of Gods blessing in the harts of the godly. It is no reproofe of former cQurses, if the remembrance of any better be renewed ; which if your lordship have peradventure forgotten, Mr. Skinner can make best report therof, who not many years since saw and redd it amongst other monuments of our University. Your lordship is wise to consider what is best to be done, by what meanes, and at what oportunity, and to pardon 1587] DISPOSAL OF LIVINGS. 459 tliis students duety to the University and the church of God being performed to the chauncelour of the University, and so honorable a patron of religion, vertue, and lerning. And the lord chancelour to be named by her majesty, who- soever shalbe happy to have his entrance thus sanctified by her majesties gracious direction in this behalfe, howso- ever many wicked benefice brokers may hereby be disap- pointed of their manifolde spoiles, reaped and expected by this cursed pray. My praier shalbe for your honours happy preservation to this church, commonwelth, the Uni- versity of Cambridge, and your honours owne nurse of Saint Johns, which your honour had a meaninge to sanctify with the first fruits of graunting impropriations, as they fell voide, to the preachers of the howse, duringe their Kves and attendance in teachinge that people, before their sta- tutes were fully finished. I beseech your lordship not to be ofiended, if I presume to be your honors remembrancer therof allso, that it may be doone in time, if it be not alLready done ; that Gods blessing may be more favourable and plentifuU upon the students and very walls of that famous foundation. From the DD. Commons, this xxv*** of Aprill, 1587. Your honours humble, at commaundement, J. Beacon. A project of the humble sute of the vice-chauncellour and others the governours of coUedges in the Universitie of Cambrige, made unto her majestie, as touching the preferment of studentes in divinitie in both the Universities. If her majestie shalbe pleased to bestowe upon preachers (being graduates in the Universities of Cambridge and Ox- ford) the benefices within her highnes guift that shalbe thought of competent ycarelie value for such professors, then it scemeth fitt that it be done as followeth, viz. : 460 DISPOSAL OF LIVINGS. [1587 1. First, that her majestie doe authorize, by her high- don™ti lies commission under the great seale of England,^ the two niajcstfcs . , fj ... I -1 graunt et honorable chauncellours of the said Universities, and such ingmayii a certent other persons as her majestie shall fynde meete (whereof J'^''^'^^^'^'^'^ the said chauncellours to be two), as well to searche and i> so wi be no pr sett out all the churches (or benefices) within England and jiice to u ^ ' ° lord char Wales that be of her majesties perpetuall disposicion and •^""^'^'"f" patronage, and that be found in the booke of first frutes up"fhfs'i and tenthes,^ above the yerelie value of twentie markes, common and under fortie markes f as also to divide and separate the under tii value of whole number of the said churches, by their names, in two markes i *' annum. several! partes and schedules, by theire wisdomes and dis- <= That . Universi CrecionS. *"ay hav part, an In these 2. Sccondlie, that her majestie doe thereupon, by her ^Jj^^;"/ mf^he^a^re- Isttres patcutes under the great seale of England, grant to J^f/tTel luch orders the chauucellour, maisters, and schollers of the said Univer- unive^si tie sh'au prel sitie of Cambridge, and theire successours, that to and for speciaii no- evcric of the one half in number of the same benefices from mination and . . . •, „ recommen- thcuce forth becoming void, it shall and maye, from tyme r theTart ^ to tyme, be lawfull for the said chauncellour, maisters, and schollers, and theire successors, by lettres under their com- mon seale, to nominate"^ and recommend to the lord chaun- ^g^j^J,' cellour of England (or keeper of the great seale) for the tyme "e^^y'.et being, one clerk of the said Universi tie, that then shalbe of these a graduate there in the studie (or profession) of divinitie f . ^hu which lettres shalbe sufficient and ymmediate warraunt to nfajJsUe the said lord chauncellour (or keeper) to graunt unto suche keeper , parteth i clerk the said benefice, under her highnes great seale ; and the fees that the said chancellour (or keeper) shall, upon such lettres, graunt the same accordingly. 3. Tliirdlie, that after this, one other commission be made from her majestie to the said chauncellour of the said Universitie of Cambridge, and to his vice-chauncellour, and some others of the governours of colledges there, commaund- ing them, by theire good discrecions, to divide and allott^ a be regai member here. 1587] DISPOSAL OF LIVINGS. 461 ratable number of the said benefices to everie of the col- each couedge ledges there, after the proportion of the fellowships in cache oful'o^se^'''^^^ colledge that be destined to the studie of divinitie. to the foun- ... ' p ^ dation of that 4. Liastlie, that order be geven, that to everie oi the coiiedgehath ^ geven prefer- said benefices so allotted to each colledge, the senior ^ gra- ™^^^^- duate there in divinitie be preferred, and by the head (or aif c"nten^ his deputie) of such colledge be presented (with the certi- ifavoydedf^ ficat thereof in writing, under the handes of the more parte of the seniors or fellowes of that colledge) to the vice-chaun- cellour there, who shall thereupon provide for hym the said lettres under the common scale of that Universitie, for such his nominacion and recommendacion to the lord chauncel- lour, or keeper of the great scale, as is aforesaid. And^ that '' ^y "''.?, ' r o ' meanes will upon the acceptacion thereof, it be provided, that the partie te^'provYd^e^d so preferred doe leave that place he hath in the colledge heMbtsTow- within such convenient tyme as shall seeme meete upon succession of studentes in the ordering: hereof. the universi- " tie the better contynued. DISPUTES WITH THE TOWN. THE UNIVERSITY TO LORD BURGHLEY. [From MS. Lansd. no. 54, art. .3.] Honoratissimo domino, domino de Burghley, supremo serarii Anglici qusestori, et academise Cantabrigiensis suramo cancellario. Tametsi nos eo semper animo eaque voluntate fuimus (honoratissime Burghleiensis) ut ipsi graviores aliorum inju- rias ferre, quam levissimas illas quidcm aliis inferre malu- erimus; tamen cum oppidanorum nostrorum non ferenda hac in parte insolcntia co usque patientia nostra ad effree- natam audaciam suam non confirmandam sed augendam perverse abutatur, ut veteribus injuriis perferendis nihil aliud quam novas invitasse videamur ; non veremur ne litcras nostras amplitudo tua nimis ad qucrendum propen- 462 NEW DISPUTES WTTII THE TOWN. [1587 sas atque proclives existimarit, si postquam illi male nobis facere nunquam desistunt nos itidcm non tarn male de iis quam vere dicere tandem aliquando incipiamus. Ita enim cos nescio quae vinariae ' causae dudum obtinendee spes ex- tulit, tantosque illis spiritus afflavit, ut caeteras etiam liber- tates nostras, quas hactenus dum illi alteri manifestam plagani infligere moliebantur non nisi occulte cuniculis oppugnabant, eas nunc universas palam et aperte petere et in discrimen vocare neutiquam reformident. Quae quidem sive intemperies sive amentia, ut in caeterorum animis jam- diu penitus insederat et inveteraverat, ita nuper prastorem ipsum adeo possedit et praecipitem egit, ut non ministros solum et famulos nostros inliumaniter acceperit, sed pecudes etiam illorum immanissime vexarit : tum autem eo proces- serit audaciae, ut procancellario nostro honoris tui vicario formulam brevem (quam appellant) odiose et praeter om- nem consuetudinem et aequitatem intendendam cm-arit: quorum altero singularem erga homines inliumanitatem, et in pecudes immanitatem ostendit, altero capitale rerum nostrarum odium, tuique itidem honoris non ita magnam sane rationem a suis haberi quasi signo quodam edito prae se tulit. Tu itaque (clarissime Burghleiensis) academiae tuae, graviter istis furiosorum hominum tempestatibus et procellis jactatae, tui subsidii praesidiique sacra (quod aiunt) anchora succurrito, immunitates nostras, quarum illi nervos omnes incidere machinantur, salutari tuo consiHo munito, istos literarum et virtutis juratos hostes eximia auctoritate tua coerceto, supplicibus denique tuorum alumnorum pre- cibus uberius ab integerrimae lidei tabellario exphcandis aurem non aversam praebere digneris. Nos certe tantum a nobis honori tuo deberi profitemur, quantum nos sol- vendos futuros aliquando ne sperare quidem fas est. Deum igitur optimum maximum etiam atque etiam precamur, ut is omnia tuse amplitudini cumulatiore mensura remetiri, eamque omnibus ornamentis cumulatissimam nobis reique 1587] PARTITION OF FINES. 463 publicse quam diutissime salvam conservare velit. Canta- brigiae, 4° Kalendas Junii, anno 1587. Honori tuo semper deditissimi, Procancellarius et coUegiorum praftfecti. GRACES OF THE SENATE. Junii 2, 1587. Cum statuto cautum sit ut oumes mulctge quae in regiis statutis sunt prsescriptae in tres partes dividantur, nisi aliter singulari aliqua lege sit provisum ; quo quidem non obstante statuto, qusestio non ita pridem facta sit ad quos potissimum pertineret mulcta ilia decern solidormn quam vos anno Domini 1578, mensis vero Martii die 23, concionatoribus propter omissas conciones vestro consensu tum stabilitas infligendam decrevistis, eorundem regiorum statutorum auctoritate muniti, cumque in illo vestro decreto nihil re- periatur quo minus mulcta videatur in tres partes divi- denda : Placet vobis, ut eadem mulcta decern solidorum jam inde a festo Michaelis proxime prseterito exacta, et in pos- terum exigenda, in tres partes dividatur, et similiter exiga- tur quemadmodum reliquse mulctae concionatoribus regiis statutis impositae ; atque ut haec vestra concessio pro sta- tuto habeatur, et in libris procuratorum infra sex dies in- scribatur, sub poena dccem solidorum, rcgistrario ad usum academies persolvendorum. Univ. Stat. j). 359 ; Book of Graces, A, tbl. 153, a ; Junior Proc- tor's Book, fol. 105, a. Junii 2, 1587. De augendo oratoris stipendio. Cum oratoris vestri munus, multis expositum laboribus, parvo admodum stipendio compensctur, parum digno tarn ■ifyi DISPUTE IN Christ's college. [1587 honestae existimationis officio : placet vobis, ut in annuum hujus stipendii incrementum, singuli deinceps admittendi ad respondendum quaestioni sex denarios, et singuli ad- mittendi ad incipiendum in artibus duodecim denarios, ora- tori solvant. Et ut hsec concessio vestra, procuratorum libris infra decern dies inserta, pro statuto habeatur. DISPUTE IN CHRIST'S COLLEGE. THE FELLOWS TO LORD BURGHLEY. [From MS. Lansd. no. 54, art. 17.] To the right honourable and our very good lord, the lord Burghley, lord hio-h treasurer of Englande, the chief chauncelour of the Universitie of Cambridge. Cum curam tuam qua reip. summam complecti soles, hono- ratissime domine, ad privatas collegii nostri res demittere dignatus fueris, ac singulari et praedicanda humanitate certis viris negotium per literas dederis, ut de causa quae inter procancellarium ac nos controversa esset dijudicarent; alteram necessitas expressit, ut de tota re quid actum sit honorem tuum certiorem faceremus, alteram meriti tui magnitudo libentibus ac volentibus nobis, imo cupientibus, elicuit, ut quam maximas quamque mens hominis capere potest amplissimas ageremus gratias, ob maximum aeter- numque beneficium tuum. Literas ergo tuas, vir honora- tissime, ad quos scriptae erant iis dedimus, qui et ipsi pro- cancellario legendas tradiderunt : ille vero cum primum judices sibi ferri recusasset, postea tamen summa certe (ut nos interpretamur) benignitate et modestia, ne alterutri parti, si secundum se nosve decisa lis esset, levis aliqua labecula aut nota addita videri posset, rem silentio effluere passus est, et quem diem visitationis suae prolationi dixe- rat, ad eum diem ipse non aderat : ita visitatione defuncti 1587] DISPUTE IN Christ's college. 465 sumus ; quae certe, nisi immortali beneficio tuo et magna procancellarii moderatione, hunc exitum habuisset, turbu- lentissimae profecto (ne quid gravius dicamus) tempestates exstitissent, et collegio vel vincenti parum utiles. Tibi ergo, honoratissime Burghleie, quem toties afflictas res nos- tras erigere atque excitare voluit Deus, quod florentes sumus, quod liberi, tibi uni acceptum referendum est; quem cum habeamus auctorem salutis, voluimus etiam grati nostri animi habere testem : sed cum id non tarn oratione quam re appareat, nulla autem res esse queat, quae a nobis in tantam fortunae amplitudinem pro meritis tuis proficisci possit, cum omnia dixerimus, id tantum consequi nos fatendum est, non ut grati, sed ne ingrati fuisse videamur. Deum ergo optimum maximum pre- camur veneramurque, ut is, vicem nostram, te augeat or- netque, omnemque tibi vitam jam longam, lactam, atque honorificam, et cum naturae concesseris beatam immorta- lemque esse velit. Dat. Cantabrigiae, e Collegio Cbristi. Honori tuo plane devoti Praefectus et socii Collegii Christi, Edmund Barwell. GuiLiELMUS Perkins. Georgius Downame. Franciscus JoHNsoNN. Thomas Bradocke. Johannes Powell. Andreas Williatt. Robertus Baines. William Knight. Thomas Morton. Cuthbert Bamurigg. SIR WALTER MILDMAY TO LORD BURGIILEY. [From MS. Lansd. no. 54, art. 49.] To the right honorable, my very good lord, the lord high treasurer of England. It may please your good lordship : being desired from the master and fcllowes of Christes College in Cambridg to be II II 466 CASE OF HENRY WOODHOUSE. [1587 a meane to your lordship on their behalf, for thappeasing of a question lately risen betweene the vice-chancellour of the Univcrsitie and them, I am bold by theis few lynes to pray your lordship to hcare this partie, which commeth from them, and to direct your commaundment to some of the chief of the Universitie, either to end the cause them- selves or to certefy your lordship of their opinions, that so there may be a finall order ; which otherwise I perceave will breede much trowble and unquietnes amongst them. And so praying your lordship to beare with me in trow- bling you thus farre, I humbKe take my leave. From London, the xxxjt^* of May, 1587. Your good lordships ever to commaund, Walter Mildmay. CASE OF HENRY WOODHOUSE. THOMAS PRESTON TO LORD BURGHLEY. [From MS. Lansd. no. 54, art, 14.] To the right honorable, my verie good lord, the lorde Burghleye, lord highe treasurar of Englande. My most honorable good lorde, Mr. vice-chancellour hatha throughlie delt with me (upon letters receyved from your lordship) to favor one sir Woodhouse for his procedinge in lawe, and myself must and ever wilbe most devoted to your lordships commaundement, even to alter and othe. Wherupon I rekyenga whollie at this present, and leavinga all other grevances, deme my case most happie that I am falne into your lordships handes. The statute. Qui a primo in academiam adventu legihus operam dabit, primum annum integrum institutionum lectioni domi suae 1587] CASE OF HENRY WOODHOUSE. 467 impendat, deinde quinquennium totum publicum juris pro- fessorem audiat. 1. To this, when I desyred opinions at London this last yeare for satisfienge the right lionourable the lord chamberlyn, everie one aunswered, that the wordes them selves spake, and that integrum and totum requyre a per- emptorie complement of full six yeares. Notwithstandinge I prayed handes, which I have exhibited to Mr. vice-chan- cellour per licec verba. Wee whose names are subscribed hereunto do thinke, that by the former statute, A.B. can not procede untill he have six yeares fully complete. Wyllus. Aubreye, Willm. Drurye, John Herbert, John Lloyde, Hen. Jones, Gryff. Lloyde, Willm. Lewyn, Jul. Caesar, Dan. Dun. 2. He proceded bacchelour of artes 2 years after his cominge to Trinitie Hall, wherbie bothe the Universitie was then beguyled with a surreptitious grace, and yet must necessarilie be presumed that those 2 at the least were employed to logique and philosophic, so that lawe hatha not bene studied 4 yeares complete. 3. He alledgeth the tyme wronge of liis entrance into commons, viz. the 14 of Octobre for the 24 of Novembre ; shewed likewise unto Mr. vice-chancellour, vmder Doctor Bellis hande, owt of our autentick booke. 4. He was stayde by the felloes, and not by me, at the propoundinge of his grace, yet I acknouledge my self of the same mynde. His objections. 1. He alleadgeth use of propoimdinge graces post stu- dium quinque annorum ; but use, and that not continued, ys small warrant for me to deceyve a statute nowe called into question, and founde so plaync. 2. Petition for grace is a case favourable, yt is yelded, were it left dispositioni juris communis: but statute lawe is strictcB interpretationis by grammer and lettre. 4<)8 CASE OF HENRY WOODHOUSE. [1587 3. Qualification is alleclged for him of a lyke statute, interpreted by the heades (which is for grace of ques- tionistes), but who seethe not disparitie betuixt the de- grees, and therfore identitie of reason wanteth which shoulde make them applicable. Ageine, the interpretation exacteth of the proceder omnes dies utiles, thoughe not continuos. For the sophister must necessarihe be at the sermonde ad clerutn, which is pridie cujusque termini, elles his grace ys voyde. But this partye wanteth of his dies utiles. D. Bynge hathe thus geven his opinion to Mr. vice-chancellour. Thease fewe have I bene boulde to laye together, and with all humblenes and dutie submitt myeself; daiHe prayenge the Allmightie to blesse your lordship with longe continuance of manie prosperous yeares. Your honours most humblie to be commaunded, Thomas Preston. THE VICE-CHANCELLOR TO LORD BURGHLEY. [From MS. Lansd. no. 54, art. 4.] To the right honorable, his very good lordship, the lord Burghlye, lord highe treasurer of England and chancellour of the Univer- sitye of Cambridge, geve thes. Right honorable and my very good lord, I have heard what Mr. Preston doth alleage as touching the staye of Henry Woodhowse his proceading, and I find that because the wordes of our statute do require 6 yeares complete for any to proceade in lawe, and the sayd Henry Woodhowse lacketh as muche of that tyme as shalbe betwixte the com- mencement nexte and the 14th of October, therefore Mr. Preston is of opinion, as also other civihans bothe here and at London, that without breache of statute, H. Woodhowse caimot be permitted to proceade this yeare : yett because 1587] GRACE AGAINST THE TOWNSMEN. 469 there are no publicke exercises betwixte the commencement and the 10th of October, and this partye dothe very pro- bablye prove unto me that he was in Trinitye Hall the 14th of October, anno 1581, it maye seme heard to stay him for want of 4 dayes : for if he had bene there the 9th of the same moneth, I see by an interpretation of a lyke statute, made by the heades, that in equitye he showld be accompted to have sufficient tyrae. Therefore, if it may please youre good lordship to move Mr. Preston not to stand upon so nice a point, at his repayre unto youre lord- ship, in the beginning of the nexte terme, and so to suffer H. Woodhowse to have his grace in the colledge, I trust there shalbe no staye made of it in the common scholes, where I can not further him till he had obtained that favour in the howse wherein he liveth. The Lord preserve youre lordship long in health and life to his giorye. From Trinitye Colledge in Cambridge, the 7th of June, anno 1587. Your lordships alwayes at commaundement, John Copcot. GRACE OF THE SENATE. Junii 12, 1587. Oppidani suspensi in gratiam non nisi a senatu recipiendi. Cum superioribus hisce dicbus quidam oppidani, propter demerita sua et intolerabilem advcrsus academiam ct aca- demicos ingratitudinem, a contubernio scholarium sunt sus- pensi, et scholarcs ct eorum famuli cum eisdem quovis modo contrahere aut negotiari strictc et sub gravi mulcta sunt interdicti : placet vobis, ut hujusmodi antcdicta de- creta, et in posterum decemenda, vestra auctoritate rata ct firma habcantur, et in posterum non rescindantur sine 470 DISPUTES WITH THE TOWN. [1587 consensu et assensu totius senatus: et quod haec rogatio pro statute habeatur, et in libros procuratorum describatur infra decern dies proxime insequentes. Et insuper, ut singuli academici caiitiores sint, et mulctam prsescriptam devitent, ut haec rogatio singulis futuri temporis terminis palam et publico per alterum procuratorum praelegatur in pleno et frequenti senatu, una cum nominibus singulorum, sic ut praedicitur, suspensorum. DISPUTES WITH THE TOWN. COMPLAINTS OF THE MAYOR. [From MS. Lansd. no. 54, art. 5.] First, wheare everie free burgesse of Cambrige taketh a corporall oathe to maintaine and keape imhurt, to the uttermost of his power, the commons and pasture of the towne, one William Hamond, bearebrewer (pretending to be bailif to Jesus Colledg, and so a schollers servant, wheareas by lawe no such bailif can be priviledged as a schollers servant), put xxxv. hogges, a cattell not comonable uppon our grene pastures, he not having anie land at all in our fieldes. For which the same hogges, by the maiours commaundment, weare impounded, as the hogges also of sondrie other persons : hereuppon Mr. vice-chancelour made a replevie to deliver the hogges, which never anie vice- chancelour did hearetofore. Besides this, he arrested two of the pownders, and one of them he kepetli still in pi-ison, contrarie to lawe. Two writtes of habeas corpus have been dehvered to the vice-chancelour for the removing of the bodie and cawse of the pounder nowe imprisoned into the queues benche : Mr. vice-chanceloui- made noe returne of the first ; what he 1587] DISPUTES WITH THE TOWN. 471 will doe with this wee knowe not, but the partie is not yet delivered. After the serving of the first writt, Mr. vice-chanceUour cawsed to be sett on the schoole-doars that infamous pro- scription or buiFebuent of Mr. maiour, which your lordship had. The pownd in tlie night-time hath been twise, by great multitude of persons, riotouslie, with clubbes and other weapons, sawen asunder, and the hogges delivered. Some of the last riotous persons are knowen. They threatned with clubbes to beate into theire doars all such persons as offred to come owt to see whoe theie weare. 14 Junij, 1587. — The maiour of Cambrige against the vice-chancelour. ANSWER OF THE UNIVERSITY. [From MS. Lands, no. G4, art. 6.] The answer to the complaynt of Mr. maior of Cambridge. Complaint 1. First, wheare every q free burgesse, etc. Answere. Whether the burgesses of Cambridge do take any such oathe or no, the vice-chauncelloiu' knoweth not, nether doth yt apperteygn unto him to regard ; for that the taking therof by them can nether extend to impayre any privilege of th'universitie, nor the inheritaunce of the colleges, who be the owners in effect of all the land within the feyldes of Cambridge, nether doth the foresaid oath bynd the said burgesses to do any thing which by law they ought not to do. As towching the care which they pretende to have over the pastures and commons of the said towne, we say that of good riglit the same doth rather bclonge to the Univer- 472 DISPUTES WITH THE TOWN. [1587 sitie, in respect of the colleges, owencrs allmost of the whole feyldes of Cambridge, then unto the towne, who hath only a lytle comon ground, wherin also the fermours of the colleges landes have interest of comon. In consi- deracion whcrof the towne dyd hertofore enter into com- posicion with the Universitie for the goverment of the comons, and hound them selves in c''* bond to the Uni- versity for observinge the same. Which composicion hath hetherto bene observed by the Universitie, but is in many pointes broken by the towne. And namely, in takinge sonietymes xij'^', sometymes ij^', for poundage of cattell, wheras by the said composicion but iiij'i' ought to be payed. The place where the said Hammond caused his hogges to be kepte ys the knowne frehold of St. Johns College, of whose fermour he had lycence so to do, and no parcell of the townes grene pastures, and therfore his hogges lawfully kept tlier, notwithstandinge he hath no frehold in the towne; wherfore, as we take yt, the injurie in this behalfe ys on the parte of the maior, who doth impound from of the ground of the said college, having nothing ther to do. Yf the said Hammond had offended in the premisses^ the correccion of him belongeth wholye to the vice-chaun- cellour, for he then was, and now ys, balyffe unto Jesus College, under the common scale, and hath a yerly stipend for the colleccion of fyftye and eyght poundes, and therby a person in law privileged by the chartres of th'universitie, for the observing of which said privileges and chartres the maior hath taken a corporall oathe to the Universitie, and notwithstandinge hath caused the cattail of the said Ham- mond to be impounded. 2. Heareuppon Mr. vice-chauncellour made a replevin, etc. Mr. vice-chauncellour made no replevin to delyver the hogges, for that accion ys a comon law accion, according 1587] DISPUTES WITH THE TOWN. 473 to which law he is not bound to procede, but accordinge to the lawes, privileges, and customes of th'universitie, ac- cording unto which, as he thinketh, he dyd lawfully award a precept for the delyverie of the said hogges. And the lyke hath bene donne by other vice-chauncellours, as ys to be proved. 3. Besydes this he arrested two of the pounders, etc. The vice-chauncellour dyd imprison only one of the said pounders, and that for a notorious contempte in refusinge to come to him, being sent for by an officer, and not for the said impoundinge. Mr. vice-chauncellour doth not kepe him in prison con- trarye to lawe ; but Mr. maior hath lett liim out of prison contrarie to law, and to the chartres and privileges of the Universitie (for the observing wherof Mr. maiour, at the entrance into his office, tooke a corporall oathe), and con- trarye to a composicion had betwixt the Universitie and the towne ; for the said pretensed prisoner dyd, by Mr. maiours procurement, serve a vn-ytt of habeas corpus uppon the vice-chauncellour, and that openly e hi ihe towne, com- ming from the common schooles, thinking, as yt should seme, therbye to geve a publike disgrace to the said vice- chauncellour. And Mr. maiour dotli geve unto the said lewde person viij*^' a day for his lewde service agaynst the vice-chauncellour, as ys to be proved by iionest testemonye. 4. Tow writtes of habeas corpus, etc. Mr. vice-chauncellor receaved tow wryttes of habeas corpus, procured by Mr. maiour and his servantes, who dyd bring the wryttes from London, as yt i.s crediblye reported ; which said wryttes Mr. vice-chauncellour ys partlye per- swaded by good counscll he ncdeth not to allowe, by reason of an express graunt made to the Universitie by her ma- jestic, viz. that such as be imprisoned by the vice-chaunce- lour, per nullum praceptum domino: regince, etc. liberentur. Nevcrthcles, with protcstacion of the saving of th'univer- 474 DISPUTES WITH THE TOWN. [1587 sities privilege, he hath retorned the first writt, with a retom of tarde, etc. ; and the second wry tt with lyke protestacion ; cind tliat ther was no such prisoner in his custodye as the sayd wrytt did suppose, for that, in truth, he was inlarged before by Mr. maiour : which retorne the counsell of the Universitie dyd for this tyme thinke convenyent. 5. After the servinge of the first wrytt, etc. Mr. maiour that now ys was the sonne of a reverend father, Mr. Doctor Edmundes, twyse vice-chauncelour of th' universitie of Cambridge in the dayes of kinge Henry 8 ; and sythence his fathers death, in grateful! remembrance of his said father, hath bene brought up and maynteyned by the good will and Hberality of scholers of the said Uni- versitie ; untill of late tyme he left of to be a schollers ser- vant, and behaved liimselfe so, that for his ingratitude to the Universitie was made maiour of the towne of Cambridge, sithence which tyme he hath behaved him selfe towardes the Universitie in such sorte as never any hertofore dyd (as may partlye appeare by that which ys before declared, and is more at large conteyned in the complaynt of Mr. vice-chaunceler and the rest of the Universitie, against Mr. maiour of Cambridge). In respect as well of which said ingratitude as of liis forsayd dealinges agaynst the said vice-chauncellour and the privileges of the said Universitie, as yt was thought without dew regard of his said corporall oathe, the whole University, according to ther auncyent customes, declared the said Mr. maior justlie discommoned; wherby all schollers and schollers servauntes are admon- ished and forbydden to contract with him in bargayninge, under a penalty that they should incurre therbye. 6. The pound in the night tyme, etc. The vice-chauncelour dislyketh of all disorder more then Mr. maiour doth, and will not fayle to inflict such punish- ment on the offenders as in law he may, yf the offenders may be detected. But albeyt Mr. maiour sayth that some 1587] DISPUTES WITH THE TOWN. 475 of them be knowne, yet he hath not as yet made the same persons knowne imto the viee-chauncelour, and therfore yt ys somewhat to be suspected that the pound was rather procured (by some practyse of the townsmen) to be broken (to aggravate matter agaynst the Universitie), then by the misdemeanour of any schollers. 7. They thretned with clubbes, etc. This is also unknowne unto Mr. vice-chauncelour, nether any complaynt is yet made unto him by Mr. maior of any such persons ; and therfore the truth of the said suggestion ys greatlye to be doubted. COMPLAINT OF THE UNIVERSITY. [From MS. Lansd. no. 54, art. 7.] To the right honorable sir William Cecilia, knight, lord Burghley, lord treasorer of England and high chauncellor of the University of Cambridge. Right honorable and our verie goode lord and patron, we, your lordshippes vice-chauncellour and the heades of the said Universitie, thought y t convenient, for the better satis- faction of your honour towching certayne controversies of late sturred betwixt the University and the burgesses of the towne of Cambridge, not onely to make particuler answere and defence to the unjust complaynt of the said burgesses, exhibited unto your lordshipp agaynst the said vice-chaunceller and his government ; but also, by our most just complaynt, to open unto your lordship most injurious and disordered dealinges of Mr. maiour of Cambridge and his burgesses, lately used agaynst the said vice-chaunceller, to tlie discountenancinge of him in his office, being your honours levetenant and depute, and the violatinge of such good orders as hcrtofore have bene for peace cUid unitie 476 DISPUTES WITH the town. [1587 cstablyslied betwixt tlie Universitie and tlie towne : such shall appeare unto your lordship by that which followeth. The first composicion. In the dayes of the most vertuous princes ladye Mar- garet, countesse of Richmond and Darbye, ther was by the godly meanes of the said princes a perpetuall composicion for peace and miitie establyshed betwixt the Universitie and the towne of Cambridge, wherein one article is as fol- loweth : Item, yf any controversie or varyance herafter happen to be betwen the said parties of or for any other liberties, privileges, or other causes then be above rehersed, that then the said partyes and their successors shall then abyde, obey, and performe the direccion, judgment, anc' decre of the said princes during her lyffe, and ol' such persons as shall please her grace therunto to name, and after her decease of the chamiceller and treasorei of England, and of the chief justices of the kinges bench and comon place for the tyme beinge, or of three oc two of them. A.nd yf any of the officers of the Universitie for the tyme beinge misbehave them to or against the said maiour, balyffes, and burgesses of the said towne, or any of them, in any thing concerning the premises, or for want of justice i-i any matter or cause, then the complaynt for the reformacion theroi shall be first made to the chaunceller or vice-chaun- celler of the said Universitie for the tyme beinge, and for lacke of reformacion to the whole Universitie, and for lacke of reformacion by them unto the said princes during her lyffe, and after her decease to the chaunceller and trea- sorer of England, and the chief justices of the kinges bench and comon place for the tyme beinge, and then yt to be reformed by them accordinge to the right equitie and good conscience. 1587] DISPUTES WITH THE TOWN. 477 The breaches of the said composicion by Mr. maior. Mr. maior of Cambridge and his burgesses, not regard- ing the foresaid composicion in the article above recyted, albeyt they strictlye stand uppon and resceave great bene- fitt by other articles of the said composicion, have latelye procured out of the quenes bench two severall wryttes of habeas corjjus directed to the vice-chauncellour to remove a biirgesse of the towne, pretended by Mr. maiour to be wrong- fullye imprisoned by the said vice-chaunceller, and sought not firste reformacion at your lordshipps handes, in appa- rant breache of the foresaid composicion. The example hath not bene hertofore sene that any such \vritt hath bene awarded to the vice-chaunceller to remove such as were by him committed to prison ; and how farre this president thus brought in by IVIr. maiour tendeth to the dalye disquiett and expenses of the Uni- versitie, we referre yt unto your lordships most honorable consideracion. Mr. maior and his assistantes caused the second wiytt of habeas corpus to be served uppon the vice-chaunceler with thes circumstances of disgrace, as they intended. First, Mr. maiour sett the prisoner at libertye him selfe without licence from the vice-chaunceler ; for the lyke fact wherof certayne burgesses of the said towne were not long sythence committed to grevous imprisonment by her ma- jesties most honorable privy e counsell. Secondly, the prisonner him selfe was caused to serve the said wrytt uppon the vice-chaunceler, at whose coramaundement he was before imprisoned. And, lastly, caused the same to be served upon him comming from out the comon schooles in a verie open presence of the Universitie, and in publike syght of dyvers of the towne assembled, as yt should seme, of purpose to see the said wrytt served. Mr. maiour hath also sythence that tyme suffered the 478 DISPUTES WITH the town. [1587 prisoner to go at largo at his j)leasure, saving that some- tymes he willeth him to go to the prison and to lye ther on the nyghtcs ; we knowe not for what purpose he doth the same, onlcs he intendeth therbye to establysh some president in what manner he and his successors will kepe our prisoners hereafter, that our correccion and justice may Kttle be esteemed, when Mr. maiour hathe power so gentlye to moderate our sentences and judgmentes. Mr. maiour (as yt ys to be proved by the testimonye of verie honest persons) hath allowed the person so impri- soned viij*^. a daye sy thence his first committinge. So that yt is not lykelye the vice-chauncellour shall want disobe- dyent persons within the tovme of Cambridge, sythence by this example they may conceave for ther disobedyence so good hope of reward, and need so lytle to feare the rigor of imprisonment. 2. The privileges of the University. King Ed. 3 dyd by his lettres patentes grant divers privileges unto the Universitie of Cambridge, which the quenes majestie that now ys by your lordshipps honorable meanes most graciouslye hath confirmed. Amongest which there is conteyned as followeth, viz. : — Nos igitur, pro securi custodia hujusmodi delinquentium posthac providere volentes, declaramus et per prcesentes mandamus etjirmiter injungimus majori, hallivis, et hurgensihus, dictce villce nostra Cantabrigice et successoribus suis, etc. quod iidem major, ballivus, et burgenses, et custodes prisonce et carceris prcE- dictce, omnes et singulas perso7ias sic delinquentes ad car- cerem per cancellarium prcedictce Universitatis aut ejus vice- gerentem sive deputatum de tempore in tempus imposterum mittendas in carcerem recipiant : et eas in ilia prisona cui missifuerint salvo et secure custodiant eisdem modo et forma prout per cancellarium dicta Universitatis pro tempore exis- tentem, vel ejus vicegerentem sive deputatum pro tempore 1587] DISPUTES WITH THE TOWN. 479 existentem, assignahitur, et non alias neqiie alio modo. Nec- non easdem personas ad mandatum cancellarii ejusdem Uni- versitatis vel ejus vicegerentis, etc. solumviodo, et non ad alicujus alterius mandatum seu prcBceptum, vel nostri, hcBre- dum vel successorum nostrorum, de tempore in tempus a career e et prisona liber abunt et liber ari facient, aut liber abit et liberari faciei eorum quilibet, sub poena contemptus et incurrendi indignationem nostram, licsredum et successorum nostrorum. It ys also conteyned in dyvers of our chartres, and well knowne unto Mr. maiour, that privileged persons of the University are to be corrected by the vice-chauncelor, and not by the maior. The said privileges be impugned by Mr. maior. Mr. maior having taken a corporall oath at the en- trance into his office not willinglye to violate and impugne the privileges of the University, hath, notwithstandinge, both inlarged Mr= ^dce-chauncellors prisoner committed to his custodye, and hath procured a writt of habeas corpus for the inlargment of him ; both which thinges are con- trarie to the expresse wordes and provision of the chartre aforesaid. Mr. maiour hath also taken uppon him to punishe a privileged person of the Universitie (namelye, one Ham- mond, balyffe to Jesus College,) by impoundinge of his hogges for a trespas supposed to be donne, etc. 3. The second composicion. In the xvij. yearc of the queues majesties reygnc that now is, another composicion was made betwixt the said Uni- versitie and the towne ; wherof one article ys as followcth : Also yt is ordered and enacted, that no inhabitant of this towne do from henccfurth suffer any of ther hogges, shottes, pigges, or any kinde of swyne, to go at large within 480 DISPUTES WITH THE TOWN. [1587 the streetes, precinct of any college, or hall, or howse of studentes, churchyardes, laynes, or comon pastures of this towne without a dryver, and that onlye to and fro the fal- lowe feyldes, uppon payne to forfctt for everye hogg that shalbe taken at large within any of the said streetes, church- yard, lanes, or other places above specyfied, without a di'yver, as is aforesaid, iiij^* ; that is to say, iij*^' therof to the comon ministers, or other persons, that will take the paynes to dry ve any of the said hogges to the comon pound ; and the other pennye for poundage. And yf any such hogg or hogges shall chaunce to breake from the said ministers or other jDcrsons, as they be dryving them unto the pound, and runne into ther masters howses or yardes, then the said comon ministers, or other persons, shall demaunde of the owner of everie such hogge so taken at large, contrary e to this agrement and ordinaunce, iiij*!* And yf the said owner refuse or denye to paye imediatlye unto the said ministers, or other persons, for everye such hogge iiij*^', then the said ministers, or other persons, shall complayne uppon the said owner so refusinge to paye, contrarye to this act, yf he be a scholler, or schollers servaunt, according to the aun- cyent composicion, unto the vice-chaunceller ; and yf he be a freman or forrener, then to the maior ; which shall con- vent before them, or one of them, to whom such com- playnt shalbe made and apperteyne, the said transgressors, and cause them to pay the sayd payne of iiij*^* ; which yf they refuse to do, the said governor shall committ them to warde, ther to remayne untill such tyme as they have payed both the said forfeyture, and such other charges as by the said governour shalbe appointed : and that for the same the vice-chauncellor and maiour, at ther common meeting, shall appoint two or fowre, or as they shall thinke meete, who shall have especiall authoritie to dryve the said hogges to the pound, and to complayne as ys afore- said ; not herby debarring, but that y t shalbe lawfull to any 1587] DISPUTES WITH THE TOWN. 481 other to take any of the said hogges, and to take the for- feyture as ys aforesaid. The breaches of the said composicion by Mr. maior. Mr. maiour, contrarye to the forsaid composicione, ap- poynteth pounders by him selfe, of his owne authoritie ; as yf the whole fieldes of Cambridge were the townes, wheras the same belong wholly in effect to the colleges. Mr. maiour also causeth to be taken xij*^', and some- tymes ij^", for the poundage of an hogge, yf the owner be a schollers serv'ant, or one disfavoured by the townesmen, in apparant breach of the foresaid composicion, which exacteth iiij'^' only, and no more. Mr. maiour and his pounders dyd dryve out of the fieldes the hogges of one Hammond, a privileged person of the Universitie ; and dyd demaund of him for the poundage of eclie hogge ij^', or els to have some pece of plate in pawne ; which being refused to be donne by the said Hammond, the maior caused his hogges styll to be kept in pounde; challenging authority to him selfe onlye, and not making complaynt unto Mr. vice-chancellour, according to the fore- said composicion ; which yf he had donne, ther had bene reformacion made, and correccion used, according to the forme of the said composicion. The complaynt of the vice-chaun- cellor and heades of the Uni- versitie of Cambridge agaynst Mr. maiour of Cambridge, etc. COMPLAINT AGAINST THE MAYOR. [From MS. Lansd. no. 54, art. 9.] Reasons shewinge that Mr. maiour is the occasion of this present contention betwixt the Universitie and the towne. The cause of the present varience betwixt th'univcrsitie and tlie towne of Cambridge comctli by the maior that I I 482 DISPUTES WITH THE TOWN. [1587 now is, by breakinge a godly coniposicion made by the niutuall consent and bonds betwixt the Universitie and the towne, for the avoyding of this and the like occations of dissentiones, in the xvij*^^ yere of the queenes majesties raigne, for the space of xx**^ yeres ; wheiin it is provided, that the pinner, or driver, of such hoggcs or cattell shalbe appoynted two, fower, or more, by the consent and ap- pointment of the vice-chamicellor and the maior for the time beinge ; and that there be taken iiij"^' for everie hogg; wherof j*^* be to the pinner, and iij'^' to the vice-chaunceller, if the offender be a scholer or a schollers servant, and if he be a freman or a forrener, the said iij'^' to the maior : contrarie to which order, the maior at this time exacted of Hammond, a schollers servant, ij*' for everye hogge that was dryven by himself, and not by an indifferent person appoynted by the said vice-chauncellor and the maior. And it is provided in the said composicion or ordinance, that if this, or any ambiguity, or any thing, is to be amended in the said composicion, that to be interpreted and added by the mutuall consent of six or five of the auncienteste of both the bodies under their handes; and that interpreta- cion or addicion to be taken as parte of the saide com- posicion. And it is manifest that this is but a quarrell of mahce, devised by Mr. maior and others against the said Ham- mond, a schollers servant ; but for that Mr. maior and his brethren doth still suffer the same fault of hogges unringed to goe abroad in the same or the like places of the fallow feildes, in those persons beinge of theire owne bodie, with- out any punishment. And also for that divers of the aldermen have practized and declared to the said Hammond, if he would become a townesman, and leave to be a shollers servant, that he should have all favor and tolleracion in this and in all other thinges frelie. 1587] DISPUTES WITH THE TOWN. 483 PETITION OF THE UNIVERSITY. [From MS. Lansd. no. 54, art. 10.] Petitions of th'universitie of Cambridge for quietnes with the towne there. 1 . In primis : wheras the maiour and burgesses of Cam- bridge howld noe baron corte, neither have any tenantes belonging to any such manner, and theire be three lord- ships at the least, viz. Gotten Hall, Marten Hall, and Ra- digunde, belonging to th'universitie and colledges, have- inge tenantes, and keeping coiirte baron and leete ; and, a verie little excepted, all the landes in the feildes and all the pastures within Cambridge towne and the precinctes therof belong to th'universitie, and to the freeholdes of colledges, schollers, scholers servantes, and priviledged per- sons. And wheras, also, the vice-chauncelloiu* and his as- sistantes have given, and ought to give, theire assent, by composicion and otherwise, unto such orders as have bene appoynted for the preservacion, guydinge, and governance of common greenes, common pastures, and feildes, lying in common within the towne of Cambridge and the precinctes of the same ; that no orders hereafter to be observed and kept, for or concerning such common greenes and common pastures, or feildes lyinge in common, be made or ordeyned without the mutuall assent and consent of tlie vice-chaun- celler and his assistantes for th'universitie, and the maiour and his assistante for the towne. 2. Item, that if any breache of such orders be made, wher a scholler, schollers servant, or priviledged person of th'universitie is a partie, reformacion therof be made by the vice-chauncellour for the time being, or his deputie ; and where no scholler, schollers servant, or priviledged person is partie, by the maior. 3. Item, wheras the knowledge, hearing, and deter- 484 DISPUTES WITH THE TOWN. [1587 minacion of all personall pleas, so oftc as a sclioller, schol- lers servant, or priviledged person, is a partic, by vertue of the charters of the Universitic, belong to the vice-chauncel- lour, or other officer of th'universitie ; and of late writtes have bene procured from the kinges bench, or from some other corte, whcrby justice in th'universitie have bene hindered, and schollers, to theire great charges, have bene drawne from theire bookcs ; such order may be taken that hereafter no such writtes be procured or served upon any scholler, schollers servant, or priviledged person. 4. Item, vvheras of late time the maior and burgesses of Cambridge have made leasses and grauntes, and have taken mony in the name of a fine, rent, or otherwise, for highe wayes, common streetes, common passages, or com- mon pastures, within the towne of Cambridge and the pre- cinctes therof ; that heareafter no such leasses or grauntes be made, nor such monye as fine, rent, or otherwise, be receaved or taken, without the lawfull consentes of both bodies of th'university and towne. 5. Item, wheras the maiour and burgesses of Cambridge find them selves greved, for that some of theire bodie be dis- commoned, may it please your lordshipp, that the Univer- sitic may not be inforced to alter yet theire course, except the maior and burgesses will first yelde theire consent that the Universitie, and priviledged persons of the same, shall not be excluded from such commodities belonging to the towne of Cambridge as by law and equitie the Universitie or priviledged persons therof may enjoye ; viz. that the Universitie or theire priviledged persons be not excluded from having or enjoying bothes, bothe groundes, leasses, grauntes, etc. ; from which the maior and burgesses have, by theire private order, discomined and excluded th'uni- versity, and the priviledged persons belonging to that bodie. 1587] DISPUTES WITH THE TOWN. 485 Item, for that damage or hurt done by cattle im- pounded of late time have not bene usually vewed by indifferent neighbores according to the lawdable customes of other well ordered townes ; but the par tie owing the cattle impounded is inforced either to make satisfaccion to the will of the maior, or some of that bodie, or els his cattle to remayne impounded to his prejudice : order may be taken that presently, uppon the impounding of any cattle, the hurt, or scathe, be vewed by indifferent neigh- bours, as well of the scholers, scholers servantes, or privi- ledged persons, as of the corporacion of the towne, so often as a scholler, scholers servant, or priviledged person shall happen to be a partie. 7. Item, because it is well knowne that heretofore, by the affeccion, or not indifferant impounding by the pounder, either early or late have lewdly driven the cattle feding uppon the common greenes, common pastures, or feildes lying in common, upon the corne, and so have bene occasion of hurt done, and have impounded the same ; that of those pounders which shall hereafter impound any cat- tle, the half parte of them be chosen by the Universitie, and be sworne by the vice-chancellor faithfully and indif- ferently to use that office ; and the other be chosen by the towne, and sworne by the raaiour likewise faithfully to doe theire office. 8. Item, that the owner of the cattle impounded doe pay for everie head of such cattle iiij"** ; viz. a j''* to the pounder, and iij''' to the vice-chancellor, so ofte as a scholer, scholers servant, or priviledged person of the University, be a partie, over and besides the damages or hurt done, to be adjudged by the vice-chancellor after the vewe had by indifferent neighbours ; and soe ofte as a scholler, schollers servant, or priviledged person aforsaid, is not a partie, a j*!" to be paied to the pounder, and iij'^* to the maiour, for everie head of cattle so impounded, over and besides the 48G DISPUTES WITH THE TOWN. [1587 valor of the damage or hurt done, to be adjudged by the maiom- according to the vewc taken by mdifFerent neigh- bores, as is aforesaide. June 28, 1587. ANSWER TO THE MAYOR. [From MS. Lansd. no. 54, art. 13.] Theffect of the answer delivered by D. Perne to the compleint of the inaiour of Cambridge, touching a controversie for the impound- ing of certein hogges of William Hammondes, berebruer ; which compleint Dr. Perne receved in wryting, and is to make answer unto in writing again ; wherunto the compleynunts are to be fur- ther referred. First, as touching the person of the said William Ham- mond, to be priviledged as a schollers servaunt, there was shewed to me a patent under the common seale of Jesus Colledg, whereby he is reteyned as their officer for the collection of their rentes in Cambridg, which, as was said, amount very nere to Ix"' ; for the which he hath fee per annum, xiij^* iiij*^* Touching the deteyning of one Joseph in prison, not- withstanding two writtes of habeas corpus out of the kinges bench, said to be delivered to the vice-chauncelor, and not returned ; the said D. Perne shewed both the said writtes, with their severall returnes, endorced by D. Cop- cotes, the vice-chauncelor, whereof the one being the ori- ginall was certified in the return with a tarde ; the other, being an alias, was said to be delivered to the vice-chaun- celor by the handes of the said Joseph mencioned in the writt, so as he was out of prison, and thereby the effect of the writt could not be executed ; and so is the return made accordingly. As touching the replevin pretended to be graunted by the vice-chauncelor otherwise then hath ben accustomed, 1587] DISPUTES WITH THE TOWN. 487 the same is avowed justifiable, and that the Universitie intendith to prosecute the same by tryall of lawe. For the supposed disorders with clubbes and other weapons, and the pound breaches, D. Perne undertook to geve answeres particularly both to the said disorders and to the other the premisses before mencioned, which he hath not yet returned. CHARGES AGAINST THE MAYOR. [From MS. Harl. no. 54, art. 15.] How Mr. John Edmundes, now maior of Cambridge, was brought "PP by the goodwill and liberalitie of th'universitie, and of divers scholars of the same, who did secretly reporte to my lord treasurer that he hadd no benefitt by any scholer of th'univer- sitie, but that he was onelie one of the praysers of the same. First, the saide John Edmundes was the sonne of Mr. Dr. Edmundes, a doctor of divinitie, and Mr. of Peter- house in Cambridg, who was often tymes vice-chauncellor of the Universitie. The said John Edmundes was ad- vanced nothing by his said father, Mr. Dr. Edmundes; Mr. John Mere, then one of the bedells, whose wife, being the sister to the mother of the saide John Edmundes, did bring upp the saide John from his childehoode, wherupon the saide John was called only, and knowne by the name of John Merc, untill now of late he was called John Ed- mundes, in the tyme of her majesties raign. The said Mr. Mere, bedle, did give to the saide John Edmundes, now maior, soe many shredes of copes and vestementes as were estemed worth abowte the somme of iij''* vj^* viij'i" After the deathe of the saide Mr. Mere, bedle, the saide John Mere, alias Edmundes, was received into service by the archbisshopp of Canterburie, bisshopp Parker, oute of whose service the saide John Mere was shortlye putt forthe for his ingratitude and stubbernes. After that he was re- 488 DISPUTES WITH THE TOWN. [1587 ceived into the service of Dr. Periie, then dene of Elye, for the goodwill which the saide Dr. Perne did beare to his father, with whome the saide John Edmundes did re- mayne in service above the space of vj. yeres at the leaste, as my lord of Cantcrburie can testifie to your honour, my lord of Peterborow, and Dr. Binge. In the mcane time the said John Edmundes was made butler to the said Dr. Perne at Elye, and after that he did make him the butler of Peterhouse. The saide John Edmundes had, by the goodwill and meanes of the said Dr. Perne, his master, a lease of the deane and chapiter of Ely, called Quane, the which he did sell for the some of fiftie poundes. The said John had, by the meanes of the said Dr. Perne, the preferment of a lease of the house of Mr. Gastine, in the which the said John dwelleth, now being maiour, which is worth xx"- a yere, the which lease the said John hath now partly bought by the good helpe of his said late master, Mr. Dr. Perne. He was preferred, by the helpe of the said Dr. Perne, to be one of the praysers of the Univer- sitie. The said Dr. Perne did procure the said John Ed- mundes, with great laboure of his frendes, to be one of the vintenars of th'universitie of Cambridge, the which office he did sell for Ixxx"-, and put owte for his cause one Mr. Ventres, alderman of the towne of Cambridge, from the saide licence of selling of wine in Cambridge, for the said Ventres his ingratitude to th'universitie in denying that he was behoulding to the Universitie for that licence to sell wine theare, notwithstanding the said Doctor Perne did first graunt the said licence to the said Ventres, being then vice-chanceller. The said Dr. Perne was a meane to Justice Sute, and such aldermen of Cambridge as were against the saide John Edmundes for being maior this yere, and at his request his adversaries did give him theire consentes. 1587] DISPUTES WITH THE TOWN. 489 The said Dr. Pearne did also, at the request of the said maior, give a baron doo to his feast, the better, as he did pretend, to enterteyne the vice - chancellour and the heades of the Universitie at the maior and balifFes feast of the towne, as they were wont for to be invited. But this said Edmondes did not only not invite them, as they were wonte to be, but, as it were, in a fine manner forbid the vice-chancellor and the heades for to come thither to din- ner ; saying to Mr. \dce-chauncellor, that he would not invite him to dinner on Michaelmas day, because that Dr. Perne was not then come to Cambridge ; and immediatelie Mr. Dr. Perne coming to Cambridge on Michaelmas evene, the said maior sent him worde that he would not invite him, because he had not invited Mr. vice-chancellor to dinner the next day, saying that he would desire them both on other day to his o^vne house ; the which he hath not done as yet. But the greatest discourtesie and disgrace by him done, and the which did most offend th' universitie and the said Dr. Perne was, that wheras all his predecessors did take theire oath most solemly, in the presence of the best both of the Universitie, towne, and countrye, so that the hall was then commonly so full, that the vice-chancellor coulde not well enter into the hall ; this maior did so con- temptuouslie behave him selfe at the execucion of the queues majesties charter for the taking of the oath of maior and bailifes, for the dew observing of the peace of th'universitie, that he had so provided that almost none should be then present in the said hall at that time of taking the oath, but only the maior and the towne clerke of Cambridge, untill he was challenged by Mr. Dr. Perne for breaking the auntyent order, which required him to take it in loco et more soUto ; who did aunswere, that he did not knowe the custome, though Mr. Ball was by him there present at the giving of the same yerely, who was then at the giving of the same these xx*^^ yeres and more ; and so 190 DISPUTES WITH THE TOWM. [1587 hath the said Mr. maior, for the most parte, bene present at the giveing of the said oatli hy tlie vice-chancellor and the proctors to the maior and balill'es, when he did attende upon the said Mr. Dr. Perne. Thus have we trewly de- clared unto your honour the good and kinde dealing of Mr. maiour with the Universitie of Cambridge, and others belonging to the same. Where Mr. Slegg did object to your honour the frend- shipp, the which Mr. maiour was ashamed to doe, that Mr. maiour, being one of the vintenars of Cambridge, did shewe unto me in allowinge the impost, the which I thank your honor I have yerely, Mr. maiour did shewe to me therin noe more pleasure then any other vinteners woulde have done, either at Cambridge, at Lin, or at London, being allowed himselfe as much for the same. As touching any one quarte of wine that he pretended to have sent to me, yt was only to interteyne those his frendes at his request invited by me to dinner or to supper, to pleasure him in his great suite made for the office of the vintnershipp, the which he did sell for Ixxx''- ; and for everie quarte of wine that he did send to me, it coste me above ij^' at his request. It is no marvell that Mr. maior, being so lustie in his soden office of his maioraltye, so greatlie forgetting him selfe that ever he was a servant, that he will not stike to bragge when he is at Cambridge above all that hath bene before him in that office, which hathe given place alwayse there to your honours vice-chauncellour, that he would, if your honour were at Cambridge, goe before your honour, for that he is the quens levetenant of the townsemen, as your ho- nour is the queues livetenant of th'universitie. And yet the chanceller is, and alwayse hath bene, accompted by charter and otherwise the heade officer of Cambrldg, before whome the maior and the baylifflss be yerely sworne, as well for the performinge of theire fidelitie to the prince, as also for the dew observing of the charters, liberties, and customes 1587] DISPUTES WITH THE TOWN. 491 of the said Universitie, and to the observing of the peace of the same. And so ought the sheriffe of Cambridg shier take yearely the Hke oath, as it appeareth in the crowne office and of other auncient recordes, and as the srive of Oxford doth at this day quietly. The which auncient oath, to be so likewise now taken by the shrive of Cambridge, is more necessary then it was these many yeares past, for the staying of these writtes of habeas corpus, wherby all the previledges, and quietnes of the Universitie, the which is the end of all our previledges, is all overthrown e ; except your honour, with the rest of hir majesties honorable prine counsell, helpe the Universitie against the common lawyers, enemyes to all priviledges herein. And we doe trust that the rest of hir majesties honorable privie counsell wilbe willinge to favor your honors suite, for the Universities singular benefitt and quietnes herein ; and so all the whole Universitie and theire posteritie shall have most just cause to pray to almightie God for your honors long continuance in all honorable prosperitie. Your honors most bownden dayly orator, Andrew Pern. [Endorsed.] The manner of John Ed- mund es, maiour of Cambridge, his bringing upp. [From MS. Lansd. no, 54, art. 26.] To prove that the chauncellour, maisters, and scholars of the Univer- sitie of Cambridge may, in theire courte tliere, punish personall wrongs or injuries betwixt partie and partie, not punishable by the common lawes of the realme ; and that they may in such ac- tions proeeade accordinge to the order of the civill lawe ; it is al- leadged on the behalf of the said Universitie as followcth, 1. KiNGE Richard the Second, under his heighncs lettres patents, in the seaventh yeare of his raigne, did graunte to 492 DISPUTES WITH THE TOWN. [1587 the said Universitie, in luce verba, Folumm et concedimus, ac pnesenti carta nostra covjirmamus, irro nobis et lueredibus nostris, quod cancellarius dictts Universitatis ejusque succes- sores, et eorum loca tenentes, coram seipso in perpetuum ha- beant cognitionem omnimodorum placitorum personaliam, tarn debitorum computorum, et quorumcunque aliorum co7itrac- tuum et injuriarum, quam transyressionwn contra pacem et misprisionum quarumcunque, infra villam et suburbia prcedicta factorum {mahemio et fellonia duntaxat exceptis), ubi magister, vel scholaris, sen serviens scholaris, aut com- munis minister dictce Universitatis, unus partium fuerit, et ea teneant ubicunque eis infra villam prcedictam et suburbia ejusdem placuerint, et inde executionem secundum leges et consuetudines suasfaciant, et de hujusmodi transgress ionibus, tarn ex efficio, quam ad sectam partis, in forma prcedicta in- quirant. 2. Before and since which graunte the chauncellour of the Universitie hath ever dealte in actions of such nature as aforesaid, and hath therin proceaded accordinge to the course of the civill lawe ; as is to be proved by their records. 3. Furthermore, whereas in the time of the same rigne the courte of the arches would have inhibited the vice-chaun- cellor of the said Universitie for proceadinge in ecclesias- tical! causes, and injuries betwixt partie and partie, the kinge did send forth his writ to the deane, or officiall there, recitinge therin his forsaid charter, and prohibitinge them to send forth anie such inhibicions. 4. The queenes majestic that nowe is did allso, in the third yeare of hir raigne, by hir heignes letters patents, graunte the like previlidges to the Universitie of Cambridge as kinge Richard the Second had done ; in which charter is allso conteyned: Quod secundum leges et consuetudines suas inquirant, et cognoscant, et finale determinent, eisdem modo et forma prout ante hcec tempora usi fuerint. And allso, that the scholars and scholars servants shall pleade 1587] DISPUTES WITH THE TOWN. 493 and be impleaded in the same courte, et non alibi, neque alio modo. 5. Amongest manie other lawes and statutes given by liir majestie unto the said Universitie, under the greate seale of England, in the twelf of hir heighnes raigne, it is thus contained as followeth, viz. : Quod cancellarius jmtes- tatem hahehit ad omnes omnium scholasticorwn atque etiam eorum famulorum controversias, summarie, et sine ulla juris soleiinitate, prceter illam quam nos prcBscribemus secundum jus civile et eorum privilegia et consuetudines, turn audi- endas, turn dirimendas : which statute was agreable unto the like lawe given by hir heighnes progenitors in former times. 6. The foresaid charters, lawes, and customes, are by acte of parliament, in anno 13° of hir heighnes raigne, con- firmed : in which act is allso a graunte of so much as is conteined in the charters, wuth a non obstante concerninge anie lawe, statute, usage, custome, construction, or other thinge to the contrarie. 1587. UNIVERSITY PRIVILEGES. [From MS. Lansd. no. 54, art. 27.] To prove that the proceadinge by the Universitie of Cambridge against forestallers, regraters, and ingressers, as they do use it, is lawful!, it is alleadged as followeth. 1. KiNGE Henrye the Third, under his heighnes lettres patents, in the 52 ycarc of his raigne, did graunte to the Universitie, in hcBc verba, Quod nullus regratarius emat victualia in villa Cantabrigice, vel extra versus villam veni- entia, nee aliquid emat ut iterum vendat, ante horam ter- tiam ; et si fecerit, amerciet secundum quantilatem et quali- tatem delicti. 494 DISPUTES WITH THE TOWN. [1587 2. Kinge Richard the Second, in the 8 yeare of his raigne, did graunte unto the said Universitie, in heec verba, Quod cancellarius, magistri, et scholares, summonere possint, per ministros suos proprios, homines dictce villce Cantabrigice et suburbiorum ejusdem, per quos rei Veritas sciri poterit, ad veniendum et comparendum coram eis, et ad prasentandum per eorum sacramentum, tarn de forstallatoribus et regrato- riis, carnibus et piscibus putridis, vitiosis, et alias incoinpe- tentibus, quam de aliis victualibus. 3. The queenes majestie that nowe is did, in the third yeare of hir heighnes raigne, under hir lettres patents, graunte, in hcec verba, viz. Quod prcsdicti cancellarius, ma- gistri, et scholares, et successores sui, et eorum vicegerentes, de tempore in tempus, soli et in solidum haheant potestatem inquirendi et cognoscendi de omnibus et singulis forstalla- toribus, regratoriis, et ingrossatoribus, Anglice vocatis in- grossers, in prcedicta villa Cantabrigice et suburbiis prcedic- tis, et super his punitionem debitam faciendi, secundum leges et consuetudines suas, vel secundum statuta et actus parlia- menti jam edita, seu imposterum edenda. 4. The said charters are confirmed by acte of parKa- ment in the 13th of hir majesties raigne, with a non obstante in respect of anie statute, lawe, usage, custome, construc- tion, or anie thinge to the contrarie. 5. Accordinge to the said charters there is a jurie im- paniled, which doth enquire of the offences aforesaid ; and the Universitie taketh it that the inquirie therupon doth lawfulHe belonge unto them, by force of the said charters ; neither do they claime to punishe the said offences as mat- ters belonginge to a leete, or punishable in a leete. 1587] DISPUTES WITH THE TOWN. 495 PROVISO OF THE TOWN. [From MS. Lansd. no. 54, art. 28.] A provysoe for byinge and convey corne. Provyded allwaies, and be yt enacted by thaucthorytie of this present parliament, that the statute of 13 of her ma- jesties raygne, and confirmed 14*°, do not extende in any wyse to prohibit or restraygne eyther the maiour or com- monaltie of the cytye of Oxforde, or the maiour, balyffes, or burgesses of the towne of Cambridge, or the successours of eyther of the corporacions, or any of the citizens or bur- gesses of the citye or towne, which nowe bee or herafter shalbe, from buyinge, selKnge, carryinge, and transpourtinge any of their corne, graine, or other victuell, in suche sorte, maner, and forme, as they and every of them might law- fuUie doe, and did before the makinge of the saide statvites, any thinge to the contrarye notwithstandinge. OBJECTIONS OF THE UNIVERSITY. [From MS. Lansd. no. 54, art. 29.] The reasons of the schoUers of both the Universities agaynste the provisoe propounded by the townesmen of Cambrydge and Oxforde. 1. FiRSTE, yf this provisoe slaoulde be granted by this presente honorable courte of parlyament, then that benefite that was intended to both the Universyties by acte of parliamente, holden anno 13 of hir majesties reigne, sholde not only no whitt be beneficial] to the rcleife of the poore schoUers of both the Universities (as it is now very litle or nothinge at all), but also yt sholde be to the greate hurte of the same Universities ; and that benefite which her majestie did forbearc from hir owne provysion, to the ende 196 DISPUTES WITH THE TOWN. [1587 to liave yt converted to the commoditie of the saide poore sehollers of both the Universities, shoukle be whollye con- verted to the inhabitanntcs of the towne of Cambrydge and Oxforde, and to the inliabitauntes of the precincte of the V. myk^s to botli the Universities. For if they may freelye transporte, keepe, and at their pleasure buy all kinde of corne and victuall, without lycence or contracUtion, eyther of hir majesties officers or of the Unyversities, then shall the saide inhabitauntes, by their free ingrossinge and trans- portinge of corne and victualls, increase the pryses of them, to their only advantage, and to the raisinge of the pryses, to the greate hinderance of the poore sehollers of both the Universities, and the reste of the pore inhabitantes of both the sayde tovraes, the which are not of the corporation of eyther of the sayde townes. 2. Secondly, this provisoe ys contrarye to the wordes and meanynge of the sayde acte ; for then not only the aucthoritie that is geven by the sayde acte to the chaun- cellors of eyther of the Unyversities which geveth lycence, and by their discretyon they maye licence such as shoulde buy any corne or victualls within the sayde precinte, shoulde, by this graunte, be taken away from them. 3. Thirdly, by this provisoe the authoritie that ys geven by the forsayde acte to both the chauncellors and to two justices of peace of both the sayde Universyties, to geve licence to any of hir majesties takers or purvey ours to take corne or grayne of any inhabitante within fjye miles of eyther the sayde Unyversities, the which thorowe their ingratitude wolde refuse to serve any corne or vic- tuall to the benefite of the poore sehollers of eyther of the sayde Unyversities, shoulde be cleane taken awaye both from her majestie and from both the Universities. 4. Laste of all, the incorporacions and inhabitauntes of both the towne of Cambrydge and of the citie of Oxforde, the which before the makinsre of this acte had noe more 1587] DISPUTES WITH THE TOWN. 497 lycence of buyinge and sellinge of come or of victualls than had any other markett towne in this reahne, should Wynne to them by this acte a new singuler priviledge of buyinge and sellinge to their private and singular gaine, and to the greate hurte of both the Universities thorow their *, as well from the quenes majesties takers, as also of the officers of eyther of the saide Universities, of all manner of grayne and victualls, ingrossed into their handes as in a sanctuarye, and in the free transportinge of the same when yt shalbe to their beste advantage, not only vdthout any benefyte redoundinge to ether of the sayde Unyversities, but also the greate hinderance of the same and to the reste of the inhabitauntes that are out of the said corporacions, both contrarye to the godlye meanynge of hir majestie and this honourable courte of parlyamente, which intended a great benefyte to come therby to the releve of the poore schollers of the said Universyties, and as the gentlemen of the sayde shire inhabitinge within the saide precincte did promyse to aiforde to the singular benefite of the Universities aforsayde, the which the towns- men and inhabytantes within the precinctes of v. myles doe now utterlye refuse to perfourme, convertinge the whole benefite of the godly acte to their owne pryvate benefite : wherfore, excepte the sayde townsmen with the reste of the inhabytauntes of the precincte of v. myles shall will- ingly yelde a better commoditie to the saide Universyties, the chauucelloures and schollers of eyther of the sayd Uny- versities will willinglye desyre the sayde acte of 13°, and confirmed in the yeare of hir majesties reigne 14°, to cease and to be made voide from henceforth, beinge contented with the benefite of hir majesties former pryvyledges graunted to eyther of the sayde Universities. * A blank in the orie reahne teyned in prison without baile and mainprise, as by the cannon. lawes and partelie by the equitie of the statute made anno xx.\° H. 8 may be proved. Besides the issue (as they conceive) is mistaken. For where they builde their pro- ceadinges uppon a statute of the Universitie, That if anie preacher shall openlie, etc. ; they finde therein neither the offer of the oathe which they justifie to be done ex mero officio, being jurisdiction ecclesiasticall, neither ym- prisonment proceading of civill power. Twoo severed aucthorities in this action confounded togeather. 4. Mr. vice-chauncellour refused to showe or suffer to 4- Also ac- cordinp to be showed the register of anie such president : neither 'resWentes can they learne of anie suche like, except one convented suie! "'"^^"^ by D, Bynge being then vice-chauncellour, who must jus- tifye nowe as counsellcr, that he did then as judge. 5. Yt is conceived tliat tlie greatest part and best dis- •''• That the . . Universitie posed of th'universitie mislike greatlie this manner of pro- ^vithout this ceadinge, as may partelie appeare by D. Goade, provost of goven^!" '"" Kinges Colledgo, and Mr. Chadcrton, master of Imanuell 558 CASE OF MR. HICKMAN. [1589 6. That by the relation as well of the phisiciaii as of Mr. Bain- brigg him selfe, yt ap- peareth he was not sicke. 7. That they have beene at their pleasour to resort for their recrea- tion into the feildes and puhlique ex- ercises in the towne. Colledge, protesting openlie, and Mr. D. Whitakers, master of St. Johns Colledge, privatlie protesting, they wolde not be privie or partic thereunto. Also the same may appeare in that onelie of the xv. heades v., and of vj. other doc- tours onlie twoo, have putte their handes to these lettres. 6. The phisitian whose helpe he used sheweth the con- trarie under his hande. 7. The contrarie wilbe proved in that taking a small libertie to goe to their colledge upon speciall occasion, their keaper was checked for it by Mr. vice-chauncellour ; and for their resort for exercises, he denyed their earnest suite for leive to resort to the sermon at St. Maries with their keaper on Sondaye, which was the first of this in- stant June, saying, You shall pardon me; I neither can nor will. Lastlie, adding to the premisses that as well the first committment as the ympartinge of your lordshipes lettres with the aunsweres made thereunto, weere the actes and by the privitie of some, not of all the heades, may import some parcialitie. 12 Junii, 1589. CASE OF MR. HICKMAN. THE HEADS TO LORD BURGHLEY. [From MS. Harl. no. 7041, p. 202.] Our humble duties remembred to your good lordshippe : upon the receipt of your lordshippes lettres, directed hether concerning the controversy between Mr. D. Copcot and Mr. Hickman, we, whose names are herunder written, have diverse times mett together therabout, and have heard at sufficient length th 'allegations of eyther party. All that hath been sayd by Mr. D. Copcot resteth upon 1589] CASE OF MR. HICKMAN. 559 two speciall grounds. Wherof the one ys, the charter of th'universitye, th'other the private statute of this howse. Touchinge those statutes, yf Mr. Dr. Copcot have, for suche cause and in such sort, proceeded as ys ther ap- pointed (which he affirmeth so to be), we are of opinion that the matter cannot without breach of the same statutes admit any retractation or re\dew. But forasmuch as Mr. Hickman ofFereth to justify e, that neither the cause of his removing falleth within the compass of these statutes, nor due order of proceeding was observed therein, it groweth now to be a doubt in fact, for the clearing wherof, for that we finde no rule prescribed by the same statutes, we take yt to be determinable before th' ordinary juge, which ys your lordship as chancellor, and in your absence the vice-chancellor. So that as far as we conceave (under your lordships correction), the cliief poynte now in question ys not concerning the juge, but concerning the place of jugement ; for by th'university charter, which ys another main grounde wheron Mr. D. Copcot standeth, yt plainly appereth that all causes personall, wher any scholer ys parte (mahem and felony only except) having ther ori- ginall within the Universitye, or the precincts therof, are not judicially to be heard nor ended any where [else], for the word of the charter, sc. non alibi, is altogether prohi- bitive, and in a case of like quality, hapning in the same college about 10 years past, when as Mr. Aldreche then master of that howse was very instantly urged by the late reverend father the bishop of Winchester, etc. to answere before them concerning his mastership, or, at the least, before your lordship at London, it pleased your good lordship, upon the sight of our charter in Aldrechcs be- halfe, to dismiss him and his matter to be heard and or- dered by the vice-chancellor in Cambridge. And albeit Mr. Hickman hath named diverse others whos defence have bene decided by your lordshi]) at London, yet we 560 CASE OF MR. IirCKMAN. [1589 take it that your lordship did proccde in thes causes by the consent of the parties and not otherwise, and therfore thes examples cannot fitly he drawn to make against any that consenteth not, but fleethe to the protection of the privilege. Thus having according to your lordshipes com- mandment delivered our opinions in this plain manner, we leave [them to] the consideration of your good lordship, and commit the same to the most blessed tuition of th'al- mighty. From Cambridge, the \2^^ of September, 1589. LORD BURGHLEY TO THE VICE-CHANCELLOR. [From MS. Harl. no. 7041, art. 20.3.] To my lovinge frend Mr. D. Nevell, vice-chancellor of th'universitye of Cambridge, or to his successor, or eyther of ther lawful! de- puties in ther absence. After my very hartye commendations: I have receved a letter signed by yourself and six others of the hedds of the howses of that Universitye, of the date of the 12th of the last month, by which yt appereth to me that you had diverse times mett together concerning the contro- versye between D. Copcot and Mr. Hickman. And after the hearing ther severall allegations, and your consider- ation of the several statutes alleged by Mr. D. Copcot, both of th'universitye and his bowse, yt seemeth that the question now ys not of the juge but of the place, which ys to be within th' university and not elsewhere ; and ther- fore yf so be you and the hedds are agreed in opinion, that the same may and ought to be heard by me, or you my vice-chancellor, in the Universitye, as yt seemeth by your lettre you are, then shall you do well to procedc in the hearing and orderinge of the said matter, for that, as you knowe, I cannot myself attend tlie same there, neyther may I (as yt seemeth) out of th'universitye judicially hear 1589] CASE OF FRANCIS .JOHNSON. 561 the matter. And for your assistance, yf you so thinke good, and that yt may be done by thorders and statutes of your Universitye, you may call to you, when you shall hear the same cause, two such of the hedds as, of foure to be named by the parties you shall thinke fitt. And of your procedinge herin, I pray ye to advertise me. So fare ye hartelye well. From the courte, this 6th of October, 1 589. Your very lovinge frend, W. BURGHLYE. CASE OF FRANCIS JOHNSON. MR. JOHNSON TO LORD BURGHLEY. [From MS. Lansd. no. 61, art. 15.] To the right honourable the lord Burghley, lord high threasurer of England, and chancelour of th'university of Cambridge. Right honourable and my very good lord : as I do un- fainedly acknowledge my self to be infinitely bound unto your lordship for the great favour which I, being so meane a person, have found with your lordship, so having lighted upon most mercilesse adversaryes (for so am I now con- streyned to call them), vdth whom I have long wrestled in vayne, to my great charge and almost utter undoing in my hving and small substance, besides the losse of almost one whole yeare which T have incurred in turmoyles among them, I am constreyned agaync to send unto your lord- ship (for come I can not), for the Lord Jesus Christes sake, to crave your lordshipes aide and succour in this my great extremity. I came hither to Cambrige, as I was by your lordship advised, to follow my appeal to th'university ; I went in quyet manor to Mr. vice-chancelour and to Mr. o o 562 RELIGIOUS CONTROVERSIES. [1589 Dr. Byng, to desicr that eythcr some law might be shewed to cut of my appeale, or els my appeale not hindred. Fur- ther then was alleaged before your lordship, which I then aunswered, there hath bene no one clause of law shewed me sufficient to debarre me the benefitt of appeale. I requested the proctour to presente my appeale, and to procure delegates to be chosen according to statute, which was all I could here do. And now not onely have I pro- fited nothing, but being called before Mr. vice-chancelour and the heads the IStli of this present moneth, I was there (for any thing I heard), by the sole authority of the vice- chanceloui', charged the next day to depart th'university, except I would there desier some longer respite for the ridding away of my stuffe. Whereunto I making aunswer that I waited the issue of my appeale made to th'university, which depending, I was by law to remayne in state as be- fore, I was agayne required to aunswer whether I would the next day depart the University or ask respite for re- movall of my stuffe ; whereunto I aunswering that I was not so much mynded to lett fall my appeale, was by the vice-chancelour committed to close prison without bayle or mainprise, untill such tyme as I would yeeld to lett fall my appeale, and give over my title to th'university and to my fellowship : wher I did lye and continew three dayes in the tolebooth, in a close and cold corner, streightly kept, that none of my frends might come at me, nor comfort come to me from them : and now because of th'extremity of the weather am removed to the bayKf of the tolebooth his house, with most straite charge that none at all be suffered to come unto me. Neyther doth this their most violent dealing fall and rest onely upon me : for I besech your lordship to consider whether that withall the sove- raigne authority of our gracious queue (whom God long continew among us with much glory) be not impugned by making them selves (without, nay, against law and statute,) 1589] CASE OF FRANCIS JOHNSON. 563 supreme judges and governours, not to be appealed from : the honorable protection of your lordship over us tram- pled under their feet by most straitly imprisoning me for that which your lordship permitted and advised me to do, the expresse statute and priviledg of our w^hole Univer- sity by all violence broken and disanulled for the main- tenance of their owne indirect and unlaw^full proceding. And towching my self and my cause at this tyme, most humbly I besech your lordship also to consider what jus- tice it is to wring from me by violence and forcible impri- sonment in more straite manner then is usuall to felons and like malefactours, that which by law I may rightfully main- teyne. To God that judge th right I committ my cause, being in my self persuaded and rejoycing that I have re- ceyved to suffer for the truth of th'eternal God, which at first and now still they persecute in me, th'unworthiest of the servantes of God. O my God, look downe from heaven, stay the furye of men, strike thy feare into their hearts, that they may consider their last end. Now of your lordship, I, a poore prisoner overthrowen by the power of myne adversaryes in a just cause, being put out of doubt that here I shall fynd no more justice then I have, the proctour being checked for dealing in my appeale, and threatned now to be called to his aunswer, do most instantly, on Gods behalf, that favoureth righteous dealing, beg and besech to take my cause to your lord- shipes hearing, and to rescue me from this grievous impri- sonment, which undeservedly the Lord of heaven knoweth I susteyne. I do appeale unto your lordshipes wisdome, justice, and authority, as being honorable chancelour of this our University. The Lord give me favour in the sight of your honour, and the Lord move your honours heart to have compassion of my calamity. Unto his will and wisdome I humbly submitt my self and my cause, making my humble prayers unto almighty God to indue your lordship with 564 RELIGIOUS CONTROVERSIES. [1589 godly wisdom and zeale of his glory, both in this and all other causes. Cambridge, this 22 December, 1589. Your honours most humble suppliant, Fra. Johnson. THE MASTERS OF ARTS TO LORD BURGHLEY. [From MS. Lansd. no. 61, art. 16.] 23d December, 1589. A supplication of Ixviij. scoUars of the Universety of Cambridg, towelling Francis Johnson, and his appeale. Right honorable and our most worthie chancelour : with most humble thanks for that our late petition was so fa- vourably received of your lordship, we are now the second time in most earnest and humble manner, by the glorie of God, which we doubt not but your honour holdeth most deare, in the bowels of Jesus Christ, and by your honor- able care for the maintenance of godlines and learning in this University, instantly to pray your lordship to showe and to use that authority which the Lord hath given your honour, and you have undertaken to beare over us. The privileges granted to our whole bodie of this University by our most gratious queue, whose godly raigne over us the Lord long continue, are violently pulled from us by those who ought to goo before us all in maintaining them. It is not lawfull now to appeall from the sentence of the vice- chancelour, notwithstanding it is expresly allowed by the queues majesties statutes. Our privileges, granted for the dignity and speciall benefite of the whole Universitie, and every scholler therein, are become a snare mito us all. The truth wherof we humblie beseech your lordship to waie by this true relation of that which hath lately hap- pened amongst us. Mr. Frauncis Johnson, a man whose cause and estate, by reason of his long troble in imprison- 1589] CASE OF FRANCIS JOHNSON. 565 ment and other greivances, are well known unto your lordship, being proliibited by Mr. vice-chancelour and some other to prosecute his lawfuU appeal to the Univer- sity, made and intimated to the proctor according to sta- tute, from that sentence of expulsion geven by the late vice-chancelour, and not finding any meanes here to help himselfe, repayred unto your honour for succour, and was, as we understand, again remitted to the University, to whom he had appealed. Now, since his last returne, Mr. vice-chancelour that now is, citing him before the heades, charged him to depart the University ; he challenging still the benefite of his appeall, was by the vice-chancelour committed to close prison, without baile or mainprise. We doubt not but your lordship soon perceiveth how unequall it is, that the parties from whome the appeall was made shold be judges whether the appeall be lawfull or not ; as also how the statute of appeall is utterly made voyde, if for appealing, the vice-chancelour may commit to prison him that resteth not in his sentence. For of close prison with- out baill or mainprise, we say nothing ; leaving it to your lordships wisdome, and to the lawes of this lande. We doe not denie but that our hearts are greatly mooved with this strange example of extraordinarie violence and ex- tremity : and, but that we knowe there is a God in heaven that beholdeth and ruleth all things, and shall one day judge all men, as well high as lowe, and the Lord onlie knoweth how soon, who will also in his good time shew liimselfe a terrible revenger of all the authors and patrons of injustice, we cold not but be utterly discouraged by this extreme dealing. We know we must glorifie God as well by suffering as otherwise. The Lord prepare us for it ; for that schoole is now opened, and we all looke to come unto it. Our great greife and distress of heart hardly suffereth us to make any end of complayning. What to aske of your lordship we well knowc not ; but we beseech 566 RELIGIOUS CONTROVERSIES. [1589 the Lord our God to affect your honors heart with a tender compassion of the great affliction of this our dear brother and faithful! servant of God, Mr. Johnson. We doubt not to affirme, with godly Mordecai, that comfort and deliver- ance shall appeare unto us out of some place, whersover it be. If the Lord our God geve it to come from your honour, it vdlbe such a crown to your lordsliip as never will wither. Good Ebed-Melech, hi Zedechiah the kings house, hearing that the princes had put Jeremiah in the dungeon, spake to the king saying, My lord the king, these men have done evell in all they have done to Jeremiah the prophet, whome they have cast into the prison. And the king was there- with moved, and commaunded by force to fetche him out of the dungeon. The servant of the same God whome Jere- miah served, though as we are all much inferiour, is now in close prison, and was for a time in the common prison- house ; we doubt not but Ebed-Melech his speache may be justly applied unto him. The Lord our God rayse up your honour in the roome of Ebed-Melech, to procure his release and finall riddance from these, as it seemeth, endles turmoyls. The particular means how it may be atteined we leave to your honors wisdome. And so humblie craving pardon for this our boldnes, we beseech the Lord of eter- nal! glorie to endue your honour with heavenly wisdome and sincerity to labour for th'accompKshment of his good work, wliich he that is the righteous judge (to whome we commend your lordship) shall reward in that daye. Your lordships most humble supphantes of th' university of Cambridge, Bach, in Divin. Daniel Monsey, of St. Johns, fellow. Bach, in Div. Henry Alvey, St. Johns, fel. Richard Harries, St. Johns, fel. Char. Chad wick, Iramanuel, fel. Laurente Pickeringe, Imnianuel, fel. Bach, in Div. Thomas Lawghton, Christ, fel. l'''^9] CASE OF FRANCIS JOHNSON. 567 Bach, in Divin. Arthur Johnson, S. Johns, fel. John AUenson, S. Johns, fel. William Jones, Immanuel, fel. John Richardson, Immanuel, fel. William Branthwayte, Immanuel, fel. Michael Hearne, Immanuel, fel. John Graye, Immanuel, f. John Duke, Immanuel, f. Richard Rolfe, Immanuel, f. Robert Houghton, Immanuel, f. John Cock, Immanuel, f. Wylliam Perkins, Chri. f. Thomas Morton, Chri. f. George Downame, Chri. f. Cuthbert Bambrigg, Chr. f. Randulph Erdley, Chr. f. Thomas Graye, Chr. f. Robarte Hille, S. John. f. Bach, in Div. He we Greye, Trinitie, f. Rodolphe Furnesse, Johan. f. Abdie Assheton, Johan. f. Henrye Briggs, Johan. f. William Hall, Johan. f. Thomas Bernher, Johan. f. Bach, in Divin. Richard Wright, Trinit. f. Robert Elinge, Trinit. f. Laurence Ley, Trinit. f. Jhon Freeman, Trinit. f. Frauncis Gelsthorpp, Trin. Bach, in Div. Thomas Harryson, Trin. f. John Jackson, Trin. Gregorie Newton, Trin. Thomas Furtho, Trin. f. George Goodwin, Trin. f. Richard Woodcoke, Regal, f. Philip Awnsham, Regal, f. Richard Sutton, Regal, f. Caleb Kemp, Regal, f. Edward Lister, Regal, f. William Kettell, Regal, f. Henry Bannister, Regal, f. 568 RELIGIOUS CONTROVERSIES. [1589 Robert Spark, Regal, f. James Asslieton, Au. Clare. Willyam JefFeraye, Clare, f. William Symme, Clare, f. Charles Lucas, Clare, f. Thomas Barsham, Clare. John Moon, Reginal. Zacharyas Steward, Reginal. Thomas Brightman, Reginal, f. Richard Milborne, Reginal, f. Richard Stafford, Clar. f. William Lister, Clar. f. Michael Haworth, Clar. f. William Bridon, Clar. f. Thomas Sheafe, Regal, f. Rowlande Hyll, Regal, f. William Montagu, Regal, f. Frauncis Kay, Regal, f. John Crowe, Regal, f. Anton. Wotton, Regal, f. Nathaniel Gylby, Immanuel, f. * Doctor Goad, Doctor Why taker, I ar of opinion that the appeals Doctor Barwell, doth lye. Mr. Chaterton, Doctor Cowell, of Q. Colledg, -\ ar also of opi- DoGtor Hyckman, that was of St. Johns I nion that the Co. [ appeale doth -Mr. Newman, bach, of law, J ly. Mr. Bettes, of Peterhowse, proctor. Mr. Munckho, of K. Colledg, proctor and orator of the University. Do. Preston, mr. of Trinitie Hall, vice- chancellor. Doctor Ley, mr. of Cays Colledg, Do. Nevell, mr. of Maudlen Colledg, Doct. Tyndall, mr. of Quenes Colledg, Doctor Byng, mr. of Clare Hall, * What follows is written on tlie back, in the hand-writing of Lord Burghley. Of law- war present at the com- mytting of Johnson. 1589] CASE OF FRANCIS JOHNSON. 569 MR. BRANTHWAITE TO SIR MICHAEL HICKES. [From MS. Lansd. no. 107, art. 28.] To the worshipfull and his verye good frend, Mr. Hickes, give these with speed. Good sir, I am bould uppon small acquaintance to request youer frendship in the behalf of those who ar sent from manye in the Universitye to intimate, by waye of humble supplication, to ther right honorable chancelor, such grev- ances as nowe they doe and are like hereafter in more extreme maner to suffer, if they be not in due time re- leived, if not by youer favor and indevor they maye obtayne speedy access unto his honor. I shall think myself greatly bound unto you for this curtesy, and all of us who have joyned as suppliants together in this business will be thank- full unto you, as occasion shall be offered to expresse the same. The cause doth greatly concerne the hole body of the University, it being for the retayning of such privileges as by statute are graunted unto us ; and therfore by affording your helpe for the furtherance therof, you shall be greatly beneficiall to us all. I understand by Mr. Jhonson, that by his relation the state of the matter is well knowen unto you, so that you neede not my information ; he remayneth very thankfull unto you for that especiall favor which he found through your good meanes, although it hath had small suecesse sence his returne ; for nowe chalenging the benefit of appeale granted him by the privileges of the University, he is committed close prisoner, without l)ale or mainprise ; the issue therof we committ unto the Lord, who will not forsake his, but judg the cause of the inno- cent : yet seing we are commaunded to use all meanes wherby reliefe might lawfully be procured, we have there- fore sued in most iunnble manner unto ouer chancelor for redresse therof, relying uppon his honors carefulnes both to helpe the present evil), and to prevent the imminent in- p p 570 RELIGIOUS CONTROVERSIES. [1589 conveniences. The bearers being in great hast, and staying uppon my letters, causeth me to move abruptly to end them ; otherwise I would I was myself deputed unto this busines ; but being not fit to travayle by reason of some weaknes of bodye, I obtayned realease, the weather being somewhat intemperat ; but I hope I shaU by my letters prevayle so much with you, as that these may find youer careful! and courteous furtherance ; so I shall remayne ever bound unto you at youer commaundement. Thus desiring you to re- member me unto my frendes at Pater-noster row as youer occasion shall serve, I commend my self hartely unto you, and us all unto the Lordes his gratious protection, who keep us ever his. From my chamber in Emanuell Colledg, the XXV. of December. Youer to command in what he may, William Branthwayte. END OF VOL. I. PRINTED BY LEVEY, BOBSON, AKD FRANKLYK. Great New Street, Fetter Lane. 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