Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	parliament_n	statute_n	2,428	5	8.3537	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86588	A true state of the case of Mr. Hotham, late Fellow of Peter-House; declaring the grounds and reasons of his appeal to the Parliament, against the sentence of those members of the committee for reformation of the universities; who on May 22. last, resolv'd the writing and publishing of his book intitled The petition and argument, &c. to be scandalous and against the priviledge of Parliament; and himself to be depriv'd of his fellowship in that colledge.	Hotham, Charles, 1615-1672?	1651 (1651)	Wing H2901; Thomason E636_4; ESTC R206575	32,556	48

answer for his defence his writing and publishing of his book was adjudged scandalous and against the priviledge of Parliament and he to be depriv'd of his Fellowship in the said Colledge which at their very next sitting was confer'd upon another Which extream hard measure not usually proceeding from Committees of Parliament he cannot but impute to the evil influences of the Master of the Colledge and of his officious agent Mr. Byfield who though no member or officer either of the University or of that Committee for Reformation * Some employment he hath at the Committee for augmentations sitting on wednesdays but when they sit as a Committee for Reformation of the Vniversities on Thursdays he hath as far as I can learn by any means no pretence of office there but is a meer intruder and therefore being no ways entrusted by the Vniversity nor call'd to it by the Committee his uncivil intrusion into their privacies together with his other intermedlings renders him justly suspected yet intrudes himself to be present a hearer and speaker in their private debates even in such cases wherein he hath pleaded as a party and when those most concern'd to be present and could give truest information have been commanded to withdraw And hath further sometimes endeavour'd to intrude his alloy into the penning of their orders Of which strange censure and proceedings against him he is the more sensible because he knoweth in his own conscience that he hath in these his representations of truth to the honourable Committee used much candor and hath been very tender and careful of not giving them any just cause of offence and is as yet altogether ignorant that his book containeth any thing of that nature there being nothing therein but what he verily believes he is able upon an indifferent hearing to make appear to be consistent with truth and with that respect due to such an honourable Assembly and much tending to the advancement of the true principles and interest of the Common-wealth of England Nor doth he know that he hath done any thing against the priviledge of Parliament and is certain he should have been very careful to have avoided any thing tending thereunto had he been so happy as to have had any means of knowing what those priviledges were And in all humility wisheth they were publish't to the whole Nation that other men might not be thus split as it hath been his hard lot to be upon rocks under water And he is further wholly unsatisfied how so great a power can be in that Committee as to enable them to adjudge that scandalous and against the Priviledge of Parliament at their own private discretion which no precedent Law Act or Declaration of Parliament hath manifested to be of that nature or to deprive any man of his just and legal possession whether descended to him by the ordinary course of Law or confirm'd upon him by authority of Parliament without due triall and conviction for some offence punishable with such forfeiture An arbritary power in any Court of Judicature having been always accounted as in the High-Commission Star-Chamber c. a grievance of the highest nature and the same declared by the Commons in Parliament April the 17th 1646. when the Assembly of Divines desir'd such a power to be invested in their Presbyteries to be inconsistent with the fundamental Laws and government of this Nation Yet that these their proceedings against him were wholy arbitrary may here appear in that he was neither by those of the sub-Committee which were appointed to consider and report their opoinons of his book nor by the Committee it self once call'd to hear any charge or to make his defence as to any scandalous matter contain'd in his boook or any thing therein tending to the infringement of the priviledge of Parliament or any Law by him trangsgrest in the writing or publishing thereof Their only charge laid against him in his absence as is attested by their publick officer was verbatim as followeth The Petition and Argument of Mr. Hotham The book though Without a name owned by him dispersed by him his Letters about it Epistle to the Committee His Argument against the Order of the sub-Committee p. 4 5. This I say that that power which can eject a man out of his legal possession for a misdemeanor of a date of near two years old committed and punished in the days of his minority long before his entrance into that possession must sure be very transcendent and above that of any either Common Law or Chancery that I have heard of p. 45 46. Gilb. Millington Peter Temple To which though he being not suffer'd to be present at their making the report holds himself no ways oblig'd to make answer yet for the better vindication of his integrity he cannot but take notice 1. That it seems strange to him the book should be said to be without a name his name being prefixt both in the very front of the Title page and to each of those two several Prefaces in both of which he own'd the whole book 2. For his owning and dispersing the book by sending Copies with Letters to Members of the Committee till the book it self be duly proved and adjudged scandalous he hopes will be accounted no crime and for his Letters about it he appeals to those Gentlemen themselves to whom they were written and requests of them that favour that if there were in them any scandalous or unseemly expressions it may be declar'd before the whole House Concerning his Epistle to the Committee and Argument as the Reporters stile it against the order of the sub-Committee he hopes the prefacing to the one or in a fit manner representing to the other the inconveniencies or imperfections of their order was a thing not at all contrary to any Law of the Land or of common reason books having been usually put forth with Prefaces Dedicatory to the Parliament it self with many Petitions representing ways of Reformation diverse from their present proceedings The only offensive passages cull'd out of the whole book by the reporters are pages the 4 and 5 of the Preface and page 46 of the book it self All which seem to reflect either upon Mr. Byfield or upon the Committee or sub-Committee themselves As for Mr. Byfield he being already prov'd to be a meer intruder or as the Apostle phrases it a busie body in other mens matters no reason why he might not be made bold with and if he were resembled to that Switzer who by his tall stature and grave aspect sumptuous coat and guilded halberd which the Country fellow might possibly take to be a Royal Scepter together with that imperial power he exercised in knocking away the rude multitude from the gates and those many low congies that were made to him for admittance into the Court was by the Idiot mistaken to be the King himself it s a similitude will hold water in the most material circumstances For

committed and punished in the dayes of his Minority long before his entrance into that Possession must sure be very transcendent and above that of any either Common-Law or Chancery that I have heard of p. 45 46. Gilbert Millington Pet. Temple May 29th 1651. At the Committee for Reformation of the UNIVERSITIES VPon hearing the Report from Mr. Millington touching the Book Entituled the Petition and Argument of Mr. Hotham c. And upon long and serious debate thereof It is resolved by this Committee That the writing and publishing of the said Book which was this day publikely owned before this Committee by the said Mr. Hotham is scandalous and against the priviledge of Parliament Resolved by this Committee That Mr. Hotham Fellow of Peter-house in Cambridge be deprived of his Fellowship in the said Colledge from this time forward and the President of the said Colledge is to see that this be put in execution accordingly Present at the making of this Order besides the Chayrman were these Members following Mr. Oldsworth Mr. Salloway Sen. Sir Arth. Haslerig Mr. Say Mr. Millington Mr. Peter Temple Mr. Rous. Colonel Harvey James Chaloner Ro. Brewster ●a● Whittaker Will. Say Gilb. Millington June 12. 1651. WEe whose names are hereunder written being requested to declare our opinion concerning Mr. Charls Hotham of Peterhouse in the Universitie of Cambridge do hereby freely and from our consciences testifie concerning him That as he hath for many years been generally known and approved of by the most godly and best affected men in the said Universitie for a man of very great eminency in Learning strictness in Religion unblameableness in conversation and good affection to this present Parliament So he hath to our knowledge in particular as well in his private converse as in his publick performances fully answered if not exceeded common estimation And we further testisie that he hath in the most dangerous times publikely asserted and in his place zealously prosecuted the Parliament Cause and that he hath at all times as occasion hath been offered and especially in the year of his Proctorship with good success endevoured the advancement of Religion and Learning and promoted the Reformation of the University And we do verily believe that as he hath been an ornament and a happy Instrument of much good to this University So by the blessing of God upon his further proceedings he will be very serviceable to the Common-wealth in whatsoever place the providence of God shall call him unto In witness whereof we have hereunto set our hands the day and year above written Isa Worral Charls Robotham Rob. Cheek Rich. Stedman Alex. Akehurst Jo. Davis Walter Catstry John Nidd Wil. Harrington Sam. Fairelough Sam. Ball. Wil. Owtram Geo. Rust Tho. Fuller Jo. Templer Tho. Gibs Will. Lynnet James Clark Fran. Brock Edw. Sammes Ch. Mildmay Rob. Dade Jo. Wilson Ro. Metcalf D.D. Ral. Cudworth D. D. Jo. Prat. D. Med. Nath. Rowles D. Med. Ed. Stoyte D. Med. Hen. More Joh. Wells Sam. Cradock Joh. Smith Ph. Meadow A true Account of the Controversie once depending before the Honourable the Committee for Reformation of the Universities concerning some Fellowes of our Colledge put in by that Committee who refused to live one year in the quality of Probationers according to the Statute and Custom of our Colledge Humbly represented by Charls Hotham of Peter-House for the fuller understanding of that clause so much excepted against at the latter end of the 4th and beginning of the 5th page of his preface to the Committee WEe had in our Colledge a Fellowship voyd by an ejectment of one Mr. Maxwel by the Earl of Manchester about the year 1644. which we were by an Ordinance of Parliament bearing date February the 14th 1645. enabled to supply by election but it falling out to lie long vacant partly thorough some difference that fell out betwixt the Master and Fellows about a person pretended to be elected into it partly by the Masters positive refusal to have any elections till we should apply our selves to the Committee for a decision of a Controversie that was among us betwixt two Statutes one Sir Goodall of whom mention is made pag. 45. of my Book mean while rides up to London and upon a slight information of our having kept the Fellowship so long vacant gets the Committee to dispose of it to himself This though it might seem strange that the Colledge without being once heard should have their right of Collation taken from them yet in obedience to Authority he was forthwith admitted only was told he must according to our Statute live one year in the quality of a Probationer but he not content therewith procures from the Committee another Order to make him forthwith an absolute and compleat Fellow which Order being delivered by him in a meeting of Master and Fellows 't was by the Fellows universally lookt at as a double grievance of which 't was thought fit we should Petition the Committee for a Redress and the Master being by our Statute entrusted with the Patronage of the Colledge rights and management of their affairs was desired to take upon him that charge but he utterly refused hereupon on January the 2d ensuing four of the Fellows two of which were then the Deanes of the Colledge presented to the Committee this Petition ensuing To the Honourable the Committee for Reformation of the Vniversities The humble Petition of Charles Hotham Iames Clark Francis Brock and Edward Sammes Masters of Arts and Fellows of Peter-house in Cambridge Sheweth THat whereas by the constitution of our Colledge all the Fellows of our Foundation do equally partake in all emoluments and power invested in them by vertue of their admittance into the Society our Lawgiver having for the quicker incouragement of Scholars in their Studies made men capable of preferment to Fellowships presently upon their taking their degree of Batchelors of Art in the Vniversity yet considering the manifold inconveniences might arise by a sudden promotion of young Scholars from their state of minority into an equal power and priviledge with their Superiors did for the prevention thereof wisely ordain that all men admitted into Fellowships should for the first year be admitted onely into free Commons with the Society neither receiving any further profit nor at all intruding themselves into the Government of the Colledge till their year of probation expired they were adjudged worthy of that trust Now whereas James Goodall Batchelor of Arts late admitted Fellow of our Colledge by order of this Honorable Committee hath by some undue information procured your Order for his exemption from this Wholsome Ordinance which we hope will upon more mature deliberation prove far from your honorable intentions Your Petitioners do therefore humbly pray That for this and other reasons which they are here ready to produce neither he nor any other under the degree of Master of Arts compleat may be admitted to any such exemption but may live one whole year in the