broke out under him into open flames, and after great struggles and long contending betwixt him and his fellows (wherein the master with the less part will usually have the better), the other part thinking themselves aggrieved, two or three of their party being actually expelled in the heat of 5 their opposition and in defence (as they supposed) of their common rights, and others whom they had chose being not admitted, after no other remedy could be had, they at last brought in the bishop of Ely their visitor upon him.

The visitation was opened April 5th an. 15421 before 10 William Mey LL.D. the bishop's chancellor at Queens' college, where Mr Henry Cumberford and Mr Henry Sanderson as proxies appeared in the name of the rest of their brethren the appellants, viz. John Seton, Thomas Crosley, Thomas Watson, Albain Langdale, Thomas Peacocke, 15 Richard Becke, Richard Faucet, John Young, William Blaxton, George Bullocke, Christopher Brown, William Manley, Thomas Canterell, Robert Hebletwhaite, William Leper, Ralph Canterell, George Wheatley and John Rawlinson, the greater and sounder part of all the fellows then 201 present; and having alledged their grievances and offered to make proof of them against the master, he was cited to appear before the bishop within a certain day.

This was May the 2nd, when the bishop himself repairing to the college and having taken his place in the 25 chapel, the master with the fellows his adherents, as well as the other fellows the appellants, being all called did make their appearance before him. The bishop then was Goodrich, a man of a sweet temper and a lover of peace, who after a passionate exhortation to concord and agreement 30 advised them to withdraw and confer amongst themselves; which having done, in order to come at some expedient, and having weighed the matter more calmly with regard to themselves and their own danger, as well as in confidence of the bishop's impartiality, they resolved by compromise 35 to refer the whole matter to him, and all of them stipulated to stand to his determination.

Thus doubly empowered, after some days' deliberation

1 Ex regro Goodrich.

the bishop appeared again in person, and by virtue of this compromise of the master and fellows, as well as by his visitatorial power, came to this short determination: that the three deprived fellows, viz. Mr Saunders, Becke and Faucet, 5 submitting themselves to the master and promising obedience for the future, should be restored to their former state in every thing and receive the emoluments of their fellowships; that all the fellows that were chosen in the last election should be admitted by the master and received as 10 fellows, one Leaver only excepted, whom they all promised to choose the next election, if no such objection were brought against him as might repel or hinder him from being chosen. And lest the college might suffer prejudice by none being admitted to one of Mr Ashton's fellowships, 15 it was ordered' that Sir Christopherson, who had been chosen into a foundress' fellowship last election, should be removed to a fellowship of Mr Ashton's foundation, with this provision, that such translation should not be drawn into example, being of ill consequence if occasionally made 20 use of. And lastly he ordained, that all the fellows appellants should humbly submit themselves to the master and should pay him all due obedience in licitis et honestis, as became them; and so adjourned his visitation, which was continued by prorogations a great part of the following year, 25 till every thing as ordered and decreed was made good and executed.

This Leaver, who is here excepted, was Thomas Leaver of the same county with Christopherson, and had the same title to that fellowship; who, though he could not now be 30 admitted fellow, was nine years after admitted master of the college, being then just B.D. and very young. What the reasons were for stopping his admission I cannot be positive, whether it were to make room for Mr Saunders, who does not appear amongst the appellants, or whether he had been 35 too warm against the master, having much warmth and zeal in his temper, that afterwards shewed itself when restraints were removed; but he came in the next election. Christopherson did not continue here long, for as he came.

1 Regr. Goodrich.

hither from Pembroke hall, so upon the foundation of Trinity college he with John Young and some others of the most flourishing parts were removed thither and admitted into that society, where he was afterwards master, as his two predecessors, Redmain and Bill the two first masters 5 of that house, had been likewise fellows with him of the same society.

I have put down the names of all the appellants, that some judgement may be made of the controversies then depending; for it may easily be observed, that as most of these 10 appellants were northern men, or in northern foundations, and most of them men of the old learning, as the distinction then went, so most of the other party were otherwise in their persons and opinions. And though the bishop of Ely did his part to heal these divisions, for which he had 15 the college thanks' by a letter dispatched to him by Mr Cheke and Mr Comberford, two leading men of the different parties, and though they promised fairly to improve his good offices and ordinances to a mutual agreement, yet the divisions were kept up and could not be healed in 20 several succeeding years.

In this letter to the bishop of Ely there is mention of some obscure and intricate passages in their statutes, which they desire him to explain as visitor: these obscurities or ambiguities gave the first rise or pretence to the alteration 25 of these statutes, which was undertaken soon after by application to the king. Who was at the bottom of this design will be easily imagined; the king's statutes were given in 1545: Dr Day was then bishop of Chichester and in favour at court, Mr Cheke was sent for to court July 30 10, 1544, to be preceptor to the prince, and Dr Tayler had interest there his fellows had been uneasy to him under the original constitution, and were to be curbed with new laws.

They were probably penned or revised by Mr Cheke, 35 than whom no man could have done them better, though they are in a great measure borrowed from bishop Fisher's

1 Ex regro coll.

2 Cheke, in a letter to bishop Gardiner then chancellor, [ed. Bas. 1555. p. 228, styles this tumultum

contra magistrum statutaque. [Also in Havercamp, Script. de Ling. Gr. ii. 369.]

statutes in such particulars where they are not intended to contradict them: they are ushered in with a preface, shewing the reasons for altering these statutes, that they were found obscure and ambiguous in several particulars, which 5 had given occasion to discord and disturbances in the college, and that there were some things in them iniquiora et quæ de justa rerum descriptione paululum deflexerant1, and these things were to be reduced to a more moderate form. What these obscurities and ambiguities were is hard to say, 10 for all men do not see alike; and therefore I shall endeavour to trace out those particulars that were thought to be unjust or unequal, by pointing out some of the most material corrections, and leave the judgement of them to be made by others.

15

2

By these statutes there was to be a master and twelve seniors (the master's stipend was almost doubled with some new advantages) and only one mediety of the seniors and no more were to be of the nine northern counties: and whereas by the original establishment these nine counties. 20 were to have at least one half of all the fellows and scholars of the foundation according to the foundress' intention, by these statutes they could only have so many at most and it was scarce possible for them to have so many: for whereas before private foundations were no bar to any 25 county, it was now otherwise, these private foundations were to come into account, so that where there were two fellows or scholars in for private founders in any county, that county was full and could have no advantage from the foundation.

30

And whereas by the original establishment there were to be twenty-eight fellows and twenty-two scholars for the foundress and four fellows and two scholars for bishop Fisher, being of his own private foundation; by this new establishment there were to be thirty-two fellows and twenty35 four scholars (besides three for other uses) for the foundress and none for bishop Fisher. The mark per quarter formerly allowed to his four fellows was now placed to account to the four seniors of the foundation, and the £12 per annum

1 Statuta Hen. 8vi. in præfat.
2 Stat. Hen. 8vi. an. 1545.

3 Tit. de sociorum et discip. qualitat.

usually allowed to six of the fellows, 40s. each, for his trentals, was now to be divided amongst six or more of the fellows who were to pray for the foundress, without any mention of bishop Fisher.

And whereas he had founded four examinators and two 5 readers of the Greek and Hebrew tongue, all these were retained upon the new establishment, and 40s. allowed to each examinator, and £4 per annum to each reader, with a profound silence of the bishop. In the last place, whereas by his private statutes so much moneys was to be distri- 10 buted amongst the master, fellows and scholars at his dirge or exequies, the like distribution' was to be made and the same proportion to be observed, the bishop being left out and this placed to the account of the foundress.

Thus these statutes ordain. How they were executed 15 will appear from the books, where the same year these statutes were given, the same four fellows that were capellani for bishop Fisher, viz. Dr Seton the noted logician, Mr Horn afterwards bishop of Winchester, Mr Fawden and Mr Thompson, receive stipend the first quarter pro epis- 20 copo Roffensi, and the three following quarters receive the like stipend of a mark pro fundatrice. And so of the rest, the dirge, lectures, etc.

This indeed was doing right to the foundress in an abundant manner; which, since it was done by the king, 25 I will not question: he might possibly look upon all bishop Fisher's good estates settled upon the college as escheated or confiscated to the crown, and being so his own, might be willing in this easy way to make a further compensation to the college for their losses sustained from that 30 quarter. Whatever other reasons he had, I pretend not to know them (for if the bishop died possessed of any of the foundress' plate or jewels, they came to the king). But princes have often secret reasons that are not to be penetrated by other men, and these being too deep for me, I 35 shall leave them to God Almighty.

This I may say, that the king's statutes and the bishop's are flatly contrary in these particulars, so there

1 Tit. de cultu Dei.