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A44581 The petition and argvment of Mr. Hotham, fellow of Peter-house in Cambridge, before the Committee for Reformation of the Universities, April 10, 1651 against the masters negative voice of that colledge, and for a remedy to be granted the colledge against the usurpations of Doctor Seaman the present master, agreeable to what was granted the colledge against the usurpations of Doctor Seaman the present master, agreeable to what was granted by Parliament to the city of London, an. Dom. 1648 for the better enabling them in case of need to act as a free body without their chief officers concurrence. Hotham, Charles, 1615-1672? 1651 (1651) Wing H2897; ESTC R26808 47,840 64

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perswaded of my souls candor in the attempt and that none of those by-respects our Malignant and ungodly Master charged me with but only the publike good was my sole and sincere aym both in this and other transactions wherein I have appeared cross to his designs And so whatever error I might commit in the management of this affair I promised my self from you whose censure I only valued an easie pardon Yet in all this prosecution of our cause of liberty you see I have hitherto acted with such tenderness to him I opposed as to aym only at the removall of his hurtfull prerogative not his person but seeing he hath to his former miscarriages added this Capitall transgression of seeking to cast a publike disgrace upon the President and whole Society whose honour and immunities he was bound to defend I hope it will not be thought injustice if that personall charge against him which if produced before would have come in only as a needless supernumerary motive to the enforcement of my Petition being reserved as yet intire be in its due time when some formalities yet wanting shall be ready produced against him to his amotion And if it should ever be our good hap to discharge our selves of so unnecessary a burthen I see for my own part no reason why the Kingly Office in Peter-House may not well be abolished and he who shall a● President be elected yearly to supply the place content himself for his pains with the stipend allowed by the Founder and so the State become exonerated of the charge of that augmentation Nor do I see why we should distrust that Government in our Corporation of which all the Corporations throughout the whole Nation have such ample experience especially we having found by a more then six years experience of our own that all the good ends of Government have been attained with us by a President and Fellows in the Masters absence much better then in his presence Yet I speak not this at all in relation to other Colledges whose Constitution may be different from ours and who have perhaps found great benefit redounding to their Communities from their severall Masters vigilancy and faithfulness to the common interest But I hope the Master of our Colledge will be so wise in his generation as to cut off the Clue from these remote designs by making use of that old Statute de promotis together with that present interest he hath in many members of the honourable Committee to rid me first out of his way a thing most of you know he hath oft threatned me with but could never yet by such means get me to bate him one Ace of my open opposition to his designs where my judgement engaged me to it I know moreover what obstructions he is able to lay in my way without once being seen in it himself whensoever I shall come to lay claim to my Lancashire inheritance but it is my resolution God willing to go on as justice shall call straight forward without looking aside either to the right hand or to the left Nor shall the hazard either of my fellowship or five or six hundred pounds a year to boot deter me from doing ought wherein I may advance a publike good with respect to that worthy Society to whom I shall while I enjoy life endeavour to approve my self A most affectionate and faithfull Servant Ch. Hotham Vicesimo Octavo Februarii 1648. An Act of the Commons of England in Parliament assembled for removing Obstructions in the proceedings of the Common-Councel of the City of London THe Commons of England in Parliament assembled do enact and ordain and be it enacted and ordained by the Authority aforesaid that in all times to come the Lord Maior of the said City of London so often and at such time as any ten or more of the Common-Councel men do by writing under their hands request or desire him thereunto shall summon assemble and hold a Common-Councel And if at any time being so required or desired he shall sail therein then the ten persons or more making such request or desire shall have power and are hereby authorized by writing under their hand to summon or cause to be summoned to the said Councel the members belonging thereunto in as ample manner as the Lord Maior himself usually hath done And that the members appearing upon the same summons being of the number of forty or more shall become a Common-Councel And that each Officer whose duty it shall be to warn in and summon the members of the said Councel shall perform the same from time to time upon the Warrant or Command of ten persons or more so so authorized as aforesaid And it is further enacted and ordained by Authority aforesaid that in every Common-Councel hereafter to be assembled the Lord Maior of the said City for the time being or in his absence such Locum tenens as he shall appoint and in default thereof the eldest Alderman present if any be and for want of such Alderman or in case of his neglect or refusal therein then any other person member of the said Councel whom the Commons present in the said Councel shall chuse shall be from time to time President or Chair-man of the said Councel and shall cause and suffer all things offered to or proposed in the said Councel to be fairly and orderly debated put to the Question Voted and determined in and by the same Councel as the maior part of the members present in the said Councel shall desire or think fit and in every Vote which shall pass and in the other proceedings of the said Councel neither the Lord Maior nor Aldermen ioynt or seperate shall have any negative or distinct Voyce or Vote otherwise then with and among and as part of the rest of the members of the said Councel and in the same manner as the other members have And that the absence and withdrawing of the Lord Maior or Aldermen from the said Councel shal not stop or preiudice the procéedings of the said Councel And that every Common-Councel which shall be held in the City of London shall sit and continue so long as the maior part of the Councel shall think fit and shall not be dissolved or adiourned but by and according to the order or consent of the maior part of the same Councel And that all the Votes and Acts of the said Common-Councel which was held 13. Januarii last after the departure of the Lord Maior from the same Counsel And also all Votes and Act● of every Common-Councel hereafter to be held shall be from time to time duly Registred as the Votes and Acts of the said Councel have used to be done in time past And be it further enacted and ordained by the authority aforesaid that every Officer which shall sit in the said Councel shall be from time to time chosen by the said Councel and shall have such reasonable allowance or salary for his pains and
never visited us but either when he was necessitated to it either to supply his course in the University-Church or to audit our Accounts and receive his money All his short visits put together for this whole seven years will not mount to one years continuance For which prodigious absence of his from his charge all he can say is onely his being Benefic'd in London or an Assembly-man or that he hath been employed in Colledge-affairs Now for Colledge-affairs in those we have it 's true made some small use of his being at London but never impow'red him to reside at London for that purpose nor was there need for nothing was ever done by him which a common Solliciter for a small fee would not have performed as well or better especially being sufficiently furnisht with his instructions or Letters to Councel at Law or such great men as were to have addresses made to them in cases of need And for his Benefice and Assembly-man-ship there 's no reason either of them should be a protection to save him from an Arrest for that debt of Residence he owes the Colledge from whence he has had so considerable subsistence for one of them being a place by common fame of one if not two hundred pounds a year the other of four shillings a day it seems not very reasonable that one so against Pluralities should enjoy the revenue of all three places and bear the burden but of two For he hath all this time of his discontinuance laid in a manner the whole burden of his Colledge-Office upon the Presidents back not allowing him for his pains so much as one peny Besides it may be answered that all the other Masters of Colledges who yet were many of them Assembly-men as well as he have been far more constant continuers at their respective charges and have some of them as I think relinquish't considerable Benefices they were possest of otherwhere that they might the more solely attend their charges at Cambridge And I 'm sure ours hath not wanted all the encouragement we could give him to enable him to it having out of our common poverty conniv'd ever since our coming to the Colledge at his taking a double portion of our Dividend though neither allowed him by our Statute nor any constant President beyond the second year of Doctor Cosens his time Now that this man who is apparently of no use to the Colledge whose servant he should be by the constitution but resides at London afar off making use of the Colledge onely as a prey and his title onely as a hook to draw power and profit to himself knowing little but by hearsay of the sufficiency or insufficiency good or ill behaviour of each member of the Colledge should be thought fit to have a power superior to the Society who to their great charge reside upon the place and bear the whole burden 't is a thing beyond the comprehension of a vulgar understanding I have now done with all my motives As to the Prayer of the Petition having so amply express'd my mind in it I need not add much by way of Exposition or Apology Onely this 'T is not as some may perhaps suggest a fancie or new Model of my own brain but 't is a Model approv'd of in a parallel case by the reason of the whole Nations Representative It concerns every member of this honourable Assembly more then my self to make it good for 't is nothing else from point to point but a Series of such particulars as the wisdom of the whole Parliament judg'd necessary for the circumstantiating that freedom which the City of London were debarr'd of thorough the like want of provision in their Law change bu● the name of London for Peter-house ten of their numerous Common-Councel for two of our seaven Seniors and their at any time for our within 48 hours and this draught will prove wholly the same with that Act of Parliament Nor could less have been well desired for taking away that hurtful Prerogative I dispute against which is not the bare name of a negative voice but the substance viz. that supremacy of power which our chief Officer claims above the whole or major part of the Community which is of a Complex nature and consists of these three powers viz. Of calling of meetings 2. Of proposing of questions 3. Of acting the results of those meetings Any one of which three powers remaining in the chief Officer makes him as absolute as if invested with all three and therefore the Parliament saw well in the City of Londons case that for the removal of that great evil an establishment of all these particulars was of absolute necessity For to return to our former parallel grant but to our once-chief Officer of State the sole power of calling Parliaments and binding them up to those questions onely which he shall think fit to propose hee 'l not much desire or stand in need of a negative voice seeing he is able by either of those two former powers to crush in the egg any motion which he suspects may in the least infringe his prerogative or other corruptions So in our lesser Commonwealth though you should grant or declare in general terms that the Master shall have no negative voice and leave him but this power for want of provision to the contrary that by delay of meetings when most necessary or by making himself judge of that necessity or in those meetings by refusing such questions as he likes not he can keep us from ever coming to a voicing or if after voicing he may refuse or delay to act our determinations and yet neither he liable to a sufficient penalty for any of those refusals nor we through the defect in our Statute inabled to meet debate or act any thing without him he is an absolute Monarch and has a most firm possession of a negative in reality however denyed him in words And for this reason it was that I have been so bold in the prayer of my petitions to be so punctually particular Now if any man object that these things granted would be a cause of much tumult and factious disorders in our Colledge I answer The experience of the same in the City of London shows the quite contrary where 't is apparent nothing but the sweetest streams of unity freedom and peace have issued out of this fountain For it lies onely as a dormant proviso like the major excommunicatio of the Presbytery in terrorem never like to be put into Act except in cases of unheard-of obstinancie Whereas on the contrary the want of this provision has been the original of all our divisions nothing being the more natural fountain of contention amongst men or bodies politick then the want of certain bounds assign'd to each man or bodies proprietie which made the wise Law-giver Moses to denounce such a fearful curse upon the remover of Land-marks and religious Numa to place Terminus the God of boundaries