well enough suited to the then value of lands and price of things, so they bore proportion to the rest of the foundation, and have been since equally improved.

To explain this by a particular instance in Sir Marmaduke Constable's foundation, not the most largely endowed; 5 he founded one fellowship and four scholarships, for the which he gave the manor of Millington, then valued at £8 or £8 10s per an. and £200 besides in moneys, wherewith were bought lands (in common with others) to the value of £10 per an. The manor of Millington with these 10 other lands of greater value, as now improved in their rents and fines, with the common advantages from the college, will maintain a fellow and four of the poorest scholars well enough at this day.

I have rather instanced in this particular, because Dr 15 Constable dean of Lincoln has been commemorated as founder of the four scholarships, which he1 was no otherwise concerned in, than as he was executor to Sir Marmaduke Constable.

To return to bishop Fisher, whose chapel has led me 20 into this digression; there was now further occasion for it. For the great services done the university, as well in these private foundations and in private colleges as in his more public character as their chancellor, drew from them a very grateful and solemn acknowledgement, by decreeing 25 him annual exequies to be perpetually observed for him by the university on the day of his death in St John's college, in the same manner as they were observed for other founders of colleges and principal benefactors, and as they were observed at Christ's college for the lady Margaret their 30 foundress. This decree passed the senate and took place as a statute of the university January the 30th an. 1528, and is entered as such in the proctors' book: and a letter was directed to him from the university full of acknowledgements of his many favours, and particularly mention[ing] 35, the two colleges Christ's and St John's, as owing to his advice, persuasion and interest with the foundress.

This though it were infinitely agreeable and acceptable to him (as he owns in his answer), yet he so far declined 2 Liber procur. p. 83, 140,

1 Ex fundat. origin. inter archiva.

the welcome offer, as to desire the foundress might have the first place in their prayers, as just and due, that as she was already commemorated at Christ's college, so she might have the same office performed for her at St John's, and 5 that it would be enough for him to be placed next her and to be joined in partnership with their common patroness. That anything further was done for the foundress does not appear; the decree runs in the bishop's name only, but this was an instance of his singular virtue and moderation in 10 denying himself thus far in a thing he so much desired, and which (in his mistaken opinion) was of such use to the health of his soul by freeing it from the flames of purgatory, unless it could be had consistently with another's title to the like advantages with himself, and is an answer 15 to the objections of one Richard Croke' an ambitious, envious and discontented wretch, who had been preferred by him and had eat his bread, and yet had the impudence to charge him with setting up for founder in diminution of the right and honour of the foundress and with other such 20 calumnies as his malice could invent. His objections are best answered by the bishop himself in a letter he vouchsafed to write to that wretch, and is very well worth reading to any one that has an honour for the bishop's memory, or that can take pleasure in seeing right done to innocence 25 against calumny and detraction.

The good bishop had been many years reviewing, altering and enlarging his statutes: being now (as we may imagine) pretty perfect, and he now absolute in power, most or all the executors being dead, at least those that inter30 posed in the college business, he this year3 gave a complete

35

body of statutes, which being under seal and undoubtedly authentic, I shall give some short account of them, and that principally historical; for the rest referring to the original volume now in very worthy hands.

As the former statutes were partly borrowed from Christ's college and Corpus Christi college statutes at Oxford, so from intimations upon the books the cardinal's

1 Crocus primus orator, primus qui invexit literas Græcas acad. Cant. Lib. orator. pub.

2 Epist. Roffens. Croco apud registrum coll.

3 an. 1530.

statutes were made use of in this new digest; not having met with them (unless Eton college statutes were the cardinal's, an ancient copy whereof interlined and altered is yet lodged in the treasury) I can say nothing to explain their use. It is certain the cardinal's foundation was in 5 nature and kind very different from this.

By these statutes1 there was to be a master and seven seniors, the major part whereof was to be of the nine northern counties favoured by the foundress; the whole number of fellows of the foundation was to be twenty-eight, 10 and at least one half of these was always to be of the nine northern counties according to the foundress' intention: which that it may be better known, or being a thing of old date, that it may not be forgot, I will put down the words of the statute': Nam ob inopiam-fundatrix quos- 15 dam hujus regni comitatus duxit præferendos, nempe Dunelmia, Northumbria, Westmeriæ, Combriæ, Eboraci, Richmondiæ, Lancastriæ, Derbiæ, Notinghamiæ; e quibus ad minimum medietatem sociorum semper assumendam jussit tam in collegio isto quam in collegio Christi per eam ante 20 fundato, cujus ordinationem nos nequaquam decet infringere. Here then is a plain direction at Christ college where the foundress' old statutes drawn up by bishop Fisher are yet in force; and it is a direction at St John's, as far as her intention is consistent with the present statutes; so far 25 her intention or ordinance is yet religiously to be observed, and I pretend not to carry it any further.

The same rule and the like division was to be observed in the choice of scholars, whose number was to be twentytwo, if it could conveniently be had; so that with twenty- 30 eight fellows here was the full number of fifty fellows and scholars originally intended. Private foundations did not come into the account, nor were they to fill any county, which was to be still open for the foundation, as if there had been no private founder for that county: and such 35 regard was had to private foundations, that if by any calamity the college revenues should be so far reduced as not to be sufficient to maintain the establishment in its full complement, after all other retrenchments made and

1 Stat. Jo. Roffens. epi. an. 1530.

2 Tit. de sociorum qualitate.

jewels and other ornaments sold, the scholars first, and afterwards the fellowships of the foundation were to be sunk, before they broke in upon private founders; and this for very good reasons there mentioned, though had there 5 been none, the bishop had an equitable ground and right to dispose in this manner, so great a part of the foundation having been of his own procurement, and the foundress' power being lodged solely in his hands.

The fellows at their admission were to take a strict 10 oath for the observance of the statutes, and withal to give bond of £100 not to obtain or cause to be obtained, directly or indirectly from the pope, the court of Rome, or any other place, any licence or dispensation contrary to their oath, or to accept or use it so obtained. Many of 15 which bonds are yet extant', only the pope was soon after altered for the king, or else the bonds run in general expressions; and were a proper and reasonable security, and such as it were to be wished had been continued. No such security was needful from the scholars yet under awe 20 and discipline; but it was part of the oath both of fellows and scholars not to provoke or sow divisions in the college by comparing birth with birth, county with county, or north with south: then likewise a due caution, when divisions run high upon that account both in college and 25 university.

The allowance for commons was the same as formerly, and £6 per annum was yet enough to found a fellowship, as £3 per annum was enough to found a scholar; whence it may be observed that the college profited more by those 30 that gave scholarships, than it did by those that founded fellows.

A limited power was left to the bishop of Ely of visiting the society, and because those bishops might think their power too much confined and might be un35 willing to submit to such limitations, it was added that these statutes were given by authority from the apostolic see, whereby was meant the bull of Julius the Second for dissolving the old house and erecting a college and

1 Inter archiva.

2 Ex bulla Julii secundi.

empowering the executors to ordain statutes for their new foundation.

The bishop's private statutes and private foundations are added at the close of this volume, an account whereof I have reserved to this place. He first gave £500, where- 5 with were purchased lands to the yearly value of £251; afterwards he gave lands with the others lying in Holbeche, Ramrick, Ridgwell, Weston, &c., to the value of £60 per annum, in all £85 per annum, equal to or exceeding the revenues of the old house: besides his jewels and all his 10 other furniture, whereof he made a deed of gift which with a large inventory is yet lodged in the treasury, though the things themselves never came there for reasons too well known to need to be related: but we lost a great treasure by the loss of his books.

15

Out of these estates he founded four fellowships and two scholarships. Three of his fellows and the two scholars were to be chose out of the county of York, the other fellow out of the diocese of Rochester': all his fellows, if priests, to receive a mark per quarter beyond the usual 20 stipend. He founded besides four examinators, with two lecturers for the Greek and Hebrew tongue; his examinators to receive 40s., the Greek lecturer £3 and the Hebrew reader £5 per annum; with £12 per annum for trentals, usually enjoyed by six of the fellows, to each one 40s.; 25 and moneys to be annually distributed at his exequies to the master, fellows and scholars upon the day of his death, varying in the sum according to the number then present. How these were disposed of will afterwards appear.

These are the last statutes of bishop Fisher that I have 30 met with, and being yet under seal were possibly the last that he gave, for his troubles were now coming thick upon him. There is a letter from the college to Cromwell or some other great man at court, not named, signifying that when the archbishop of Canterbury took an account 35 of the state of the house, he found several things in the statutes either obscure, defective or redundant, which bishop Fisher at the instance of the society did not refuse to re

1 Statut. vet. Archiv. coll.

2 Ibid.

Ex regr. coll. Lib. rub.