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II.

BOOK all these begun controversies to my censure. Wherein al

though I think by direct laws, ordinances, and antient customs of that university, I might chalenge to my self such a power so to do; yet I cannot but very thankfully and comfortably accept

this

your courteous and loving manner of yielding to be ordered by me. And therefore I have been more careful how to discharge my self herein. For which purpose, without using any prejudicial conceit of judgment, by mine own consideration of the cause, I did by my special letters partly recommend this controversy, and the whole cause, to the most reverend father in God, my very good lord, the archbishop of Canterbury's grace: requiring him both to consider of your letters, and to hear as well Mr. D. Barrow, coming with the letters from you, the vicechancellor; as Mr. D. Howland, master of S. John's college, coming from all the heads of the colleges; and to peruse the statutes mentioned in this controversy. And to call to his grace also some persons of experience in such university matters. Which I perceive, and so Mr. D. Barrow can inform you, his grace hath done very diligently and painfully, as by his letters his grace hath signified: declaring to me, at good length, what either party hath alledged for maintenance or disallowance of the two motions

called graces ; whereupon the controversies have princi155 pally arisen. And thereupon his grace hath plainly im

parted to me what he thinketh thereof. Wherewith, after some further consideration of the particular chapter of the statutes, against which these graces have been preferred, I do concur. And so, although verbally I have pronounced mine opinion to be, the foresaid doctors being the messagers at this time, whom I think sufficient to declare the same unto either part; yet I have thought my self not discharged in conscience and office, without also expressing my censure and determination, as your chancellor and chief officer. In writing which I most earnestly require per omnes charitates to accept, as from one that herein am touched with no particular affection towards any person ; but in the sight of God, whose assistance, by the Spirit of peace, I

II.

have invoked, I do declare my mind as followeth; which, BOOK as your chancellor, I require to be obeyed and allowed.

I do think and judge it meet and necessary, that the two late graces should be reputed as void and none. Whereof one was a motion to have all other doctors, not being heads of colleges, to be joyned with the doctors that are heads of colleges, in the pointing or pricking of officers; though by the statutes the same be expresly limited to the heads. The second was, that doctors in divinity should be compellible to preach as frequently as other younger divines. Which two, called by you graces, though indeed disgraces to the queen's majesties statutes, may percase not be in precise words well avouched ; because the same I have not present with me at the writing hereof: yet my meaning is manifest unto you, that I do deem and adjudge them to be void, and not to be accepted, as things to bind any person thereby. And though I have and do see many reasons to move me hereunto, whereof I have expressed some to Mr. D. Barrow; and that I hope there will be none so unruly among you as to impugne this my sentence; yet as briefly as I may in a letter, I will touch to you a few reasons, as followeth.

First, I cannot allow to have any decrease attempted, to please a multitude, to the violation or alteration of any her majesties statutes, so lately with great deliberation and advice made; and by that whole university accepted and approved; except there shall be better consideration aforehand had, than was in those proceedings. Wherein I may not forget to remember you, that in respect of the office I have to be your high officer, and have never shewed my self careless of your causes, it had been at this time meet and convenient, and so hereafter ought to be, to have made me first acquainted; and to have had my clear consent, as well to the violating or changing of your statutes; as I was at first a principal author to procure them to be made, And though I perceive, and hear by some report, that some

have in your defence alledged, that you had heretofore on your part moved this matter to me, as indeed you

of you

BOOK did, and that I had allowed thereof, which is not so; I II.

omit words of worse sense, to controle such reporters. And some hath, as I hear, in open assembly alledged, that I did to that end write my letters to M. D. Howland, then vicechancellor, which he was charged to have supprest: I am sory, in this my common letter to you all, to be constrained to use some sharper speech than my nature alloweth of, to be contained in a letter from a chancellor to his loving scho lars, as generally I esteem you to be: my speeches shall onely touch the private persons, that have forgotten their dutyes, to alledge an untruth against me. And not contented to speak of me untruly, being absent; but have hazzarded rashly their credit against D. Howland, that was vicechancellor, charging him with suppression of my letters. But in few words I affirm, that I never did consent to this motion: neither did I write any such letters to D. Howland for that purpose.

When M. D. Hatcher, and, I think, his son in law D. Lougher, and D. Barrow, as I remember, moved me herein; and added another matter, that the vicechancellor and heads of colleges did not use to make the Oppidan doctors acquainted with the university causes: I answered, That I thought it reasonable they should be called, as others of

their degrees were, to be made acquainted with the causes 156 of the university. But to have authority with the heads in

causes against the statute, I never asserted. But I said, I would speak with the heads of colleges therein; as I did, and found good cause in my opinion, as yet I do, to the contrary. And that is principally, because I think the statute very good, as it is; to reduce the nomination of these kind of publick officers to be done by a number; neither too few, for lack of consideration; nor committed unto too many, for fear of confusion. And none other can I think than the heads of colleges, or, in their absence, their vicegerents: who are to be thought to have best knowledge of their companies, both for discretion and learning: and fewer do I not think, than all the heads of the colleges: lest some colleges might lack preferment. And contrariwise to

II.

encrease this multitude by foreign doctors, that have not BOOK domicilia fixa, but are here and there at their pleasures ; and have not either special care or certain knowledge of the learning and discretion of scholars in colleges, must needs cary an absurdity two ways. The one is, that the number of such extraordinary or extravagant doctors may exceed the number of the heads; to controwl their censures, grounded upon knowledge. The second is, that there

may be by faction drawn a devotion of scholars from their heads, to serve the appetites of foreigners; and so leave their own fathers for stepfathers.

But because I see I should excede the limits of a letter, if I should prosecute this matter, I will alter my purpose with concluding my former sentence for both the graces : which without the allegation of any arguments ought to be accepted in favour of continuance of laws, against any that will take the office to abrogate : which you know how in some commonwealths were so disliked, as they were ordered to speak thereof with ropes about their necks: you can tell why. And yet I do not, like a stoic, maintain this opinion; but I do know how the same may be limited in times and places.

As for the intention of your last grace, to compel doctors to preach more oftner than by constraint they need ; I like well of all voluntary actions; especially in such action as preaching is. Wherein I think admonition more convenient than to make new laws so suddenly against laws in use. And so far forth am I moved to have them preach, as I wish them to lese the name and preferment of doctors, that will leave the office of doctors; which is by etymology to teach.

I must now end, with my most harty exhortation to move you all to concord; and to shew your earnestness in observing the laws which you have: and especially to be more careful for government of the youth, being, by common report, far out of order, in following all sensuality in sundry things that I will not now name. For I should then speak of sundry things ungrateful to hear; and yet not unknown

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BOOK to you that are heads of colleges, nor to you that by ma

riage are heads of families.

II.

les pedes me.

Number XXXIV.
A part of a letter of the bishop of Ely to the lord Burgh-

ley; of the ill state of St. John's college: for want of

statutes. Epist. ep'a- ALIUD est, quod ædes D. Johannis maxime attingit.

Jam agitur triennium fere, quod gregis illius nescio quam visitationem molimur. Statutis illos fraudavimus. Hactenus enim nullis statutis, nullis regulis, nullo regimine, et nullo ordine continentur, nullis fere lectionibus, nullis fere disputationibus, nulla prorsus obedientia, nulla reverentia, omnia confuse, aguntur. Seniorum vix pars dimidia adesse dicitur. Omnes fere huc illucque sparguntur, atque evaguntur. Magister bonus homo; sed sæpe procul abest, sacerdotiisque suis sæpe vacare cogitur.

Desideratur et meus et tuus Ithellus. Ex cujus quidem

morte, ne unus quidem ex visitatoribus ad me accessit. 157 Unde in tanta tanti collegii confusione et dissipatione, ad te

solum in tam gravi et horribili hominum malitia confugere
invitus cogor. Scio enim quam undique maximis variisque
negotiis adhuc obrueris atque involveris. Facile quidem
hoc negotium meo judicio absolvere poteris, si vel antiqua
statuta reddideris authoritate regia confirmata, et admodum
paucis mutatis, et in ordinem redactis. Hoc autem meo ju-
dicio facile tu quidem effeceris, si vel acutius calcar addere
digneris istis in academia substitutis. Ipsi enim ad tuum
incitamentum in re tanta, tam pia, festinabunt currentque.
Est enim, ut Ithellus mihi retulit, ad umbilicum perducta.
Utinam autem, ut res tanta perficiatur, priusquam ipse fatis
concessero: quod mox futurum esse sperandum est. Dom.
Jesus Christus te nobis diutissime servet incolumem. Dow.
namiæ, 18 Junii, 1580.
Tuæ celsitudini ex animo longe carissimus,

Richardus Coxus.

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