(Place of writing not indicated.)—Transmits copies of documents relating to Richard Bentley's exclusion from his degrees in the University of Cambridge, which it is feared may lead to a royal visitation. Gooch has been re-elected Vice-Chancellor. Urges him to acknowledge the receipt of some sand sent to Lynn.
(The writer of this letter has not been positively identified. He was probably a member or alumnus of Cambridge University, but there several people of the same name were members of the university around this period (see Alumni Cantabrigienses). The most likely candicate is the man admitted at Trinity in 1696. He was born at North Runcton, four miles from King's Lynn (mentioned in the letter), where his father, the Professor of Arabic at Cambridge, was rector. He was educated at the grammar school at Lynn and, having narrowly missed out on a fellowship at Trinity, was recommended as a tutor to a gentleman's son by Richard Bentley himself in 1704.
The letter is not dated: it was evidently written after the re-election of Thomas Gooch as Vice-Chancellor on 3 November 1718, but probably not long afterwards.
The letter includes transcripts of four documents written in 1781, namely a deposition made by Edward Clarke, esquire bedell, some time between 27 September and 3 October; a grace passed at a congregation of the University on 17 October; a petition by Richard Bentley to the King in Council, written some time between 17 and 30 October; and an answer to Bentley's petition by Thomas Gooch, written some time between 30 October and 6 November. All these documents were printed in pamphlets issued by Conyers Middleton in 1719. The printed texts vary in a number of ways from those in the letter.)
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Transcript
To the Kings most Excellent Majesty in Council. {1}
An Account of the proceedings against the reverend the Master of Trinity College in the University of Cambridge most humbly presented in obedience to† Majesty’s Commands by Thomas Gooch Vice-chancellour of the said University.
At a Court holden the 3d of October in the Consistory of the said University in a cause between Conyers Middleton D.D. and the Said Master of Trinity for† debt claimed as due from the said Master to the said Dr. Middleton who appear’d personally and constituted Mr. Cook his proctour. the return of the decree which had been issued against the said Master being Called for, and the said Master not Appearing the Register of the Court exhibited the Beadle’s deposition taken on† Oath (a Copy whereof is hereunto Annexed) which being read Mr. Cook Proctour for Dr. Middleton, alledged to the Court that the said Master was in Contempt, and prayd that he might be suspended for the same. whereupon the said Vicechancellour with the Consent of the† Assessors did pronounce the said Master suspended from all degrees in the said University which is a legal and statutable punishment provided for such Contempt.
He the Said Vicechancellour apprehended then and does still apprehend that such his proceedings was† according to the Antient and ordinary method†, and† such non Appearance of the said Master was a contumacy and contempt to the Court, and as† he is inform’d such proceeding is agreable to the rules and practice of all courts of the like Nature in which† there is no process known to call persons to be heard in order to punish the contempt of a former process.
He the said Vicechancellour held 3 Courts after the Suspension for no other purpose than to give the said Master an opportunity of appearing in order to the being discharg’d from his suspension. The 1st of the said Courts† was held on Tuesday October the 7th† the 2d on thursday October the 9th at which Court the said Master not appearing nothing was done. The third Court was held on wednesday October 15th before the Vicechancellour and† Dr. Covell Dr. Balderstone Dr. Fisher Dr. Laney Dr. Adams Dr. Jenkins† Dr. Sherlock. Dr. Grigg. Assessors.† where† the Master of Trinity not appearing took time to deliberate how the Authority of the University† in this case might be preservd and mantaind [sic] and this was all the business done in the† 3d Court.
The Vicechancellour did take the advice of all the heads then present in the University (the Master of Trinity only excepted) who considering that the several steps taken by the Authority of the Vicechancellour† had been without effect were of opinion that the said Masters behaviour in contempt of the University jurisdiction† was proper to be laid before a congregation of the University together with a grace for his degradation.
A Congregation was Call’d on fryday Morning October† 17th. The Vicechancellour proposed the grace to the Caput who were† select persons appointed to consider what is proper to come before the body each of them having a negative upon every grace proposed by the Vicechancellour the only person that can propose any to them.
The grace was without any difficulty or scruple made approved by the Caput. In the same congregation it was published in both houses, after which the Vicechancellour continued the Congregation to the Afternoon.
In the 2d meeting of the Congregation the grace was again read and voted in both houses. it passed in the non† regent house placets 46:† non placets 15: {2} it pass’d likewise in the regent† house {3} placets 62: non placets 35 a copy of† said grace is hereunto annexd.
The said grace is a decree of the University and the only proceeding remaining with effect upon the Reverend the Master of Trinity and that whereby he now stands degraded and excluded from all degrees titles and rights in the said University, which is the only present subject of his Complaint, the Suspension being such† {5} in the Degradation
The Said Vicechancellour humbly Conceives that he is not personally accountable for an Act of the body Corporate of the University of Cambridge whereof he is but one Member.
Whereas it is objected in the Petition of the Master of Trinity that he the said Vicechancellour did totally Obstruct the said Master in the Execution of his Office as Regius professor. He the said Vicechancellour not Intending hereby† that the said Master of Trinity is legally possess’d of the said Professorship. Answereth.
That after the Suspension the said Master of Trinity did attempt to preach a Latin Sermon in the University Church. that the Said Attempt was a Contempt of the Jurisdiction of the Court the Said Master well knowing that no person under suspension can preach in the University Church. that the Execution of his Office was the thing least in his thoughts, it being notorious, that another person was provided, to do that Office, and that the† Master had no intention to preach in person till he had notice of his Suspension.
And whereas tis† objected in the Said Petition “that Dr. Otway one of the Caput being Suspected of not having taken the Oaths to your Majesty. Dr. Ashenhurst. and Mr Bull 2 Members of the Congregation demanded of the Vicechancellour who is† Justice of† Peace, that he† the Vicechancellour with Dr. Lany another Justice of the Peace then present should tender the Oaths to the said Dr. Otway before he gave his vote as one of the said Caput but the Vicechancellour refus’d so to do.” {5} He the Vicechancellour Answereth. That he sate in the said Congregation in the Capacity of vicechancellour and as <such h>ad no Authority to tender the Oaths to the said Dr. Otway. that he never knew nor heard of any persons acting <as a> Justice of the Peace in the Congregation of the University.
He denies that Dr. Ashenhurst and Mr. Bull or either of them did Apply to him as a Justice of† Peace or that they or either of them mention’d to him or applied to Dr. Laney as another Justice of Peace† present to join with him in tending† the Oaths.
That Dr. Otway was in the Caput pursuant to the Statute as Senior of his faculty then present the member of the Caput for that faculty elected for the present year being absent and he the said Dr. Otway had a right to vote from† the Vicechancellour could not Exclude him. That the very day before (viz) October 16th Dr: Ashenhurst and Dr Otway were in the Caput together but then no Objection was made against Dr Otway.† and the Said† Dr. Otway was a standing Member of the Caput all last year, but no objection was made during all that time against his acting in that Capacity tho Dr. Ashenhurst and Mr. Bull were all that time Members of the Congregation as was also the Master of Trinity.
In Justice to the said Dr. Otway he the said Vicechancellour beggs leave to add that he is very well Assur’d that the Said Dr. Otway is ready upon any proper Occasion to take the Oaths to your Majesty.
And in answer to the Said Suggestions† of the Said Master’s Petition relating to himself. He the Said Vicechancellour saith that he is conscious to himself of an hearty Zeal for your Majestys service of which he has given undoubted Evidence, as well before as since your happy accession to the Crowns† of these Kingdoms and there is nothing he should be better pleased with than to have this† Complaint against him made the Occasion of your Majesty’s† into his Conduct in that respect
He humbly presumes to hope that your Majesty will receive the present Account with all favourable allowance considering the shortness of time he had to prepare it.
Your Majesty’s most Dutifull and most Obedient Subject and servant /
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Bentley’s Petition.
To the Kings most Excellent Majesty in Council
The humble petition of Richard Bentley D.D. Master of Trinity College and Regius professor of Divinity in the university of Cambridge humbly sheweth —————
That your Petitioner was made Master of Trinity College aforesaid by his late Majesty King William† of glorious memory; that your Majesty’s royal predecessors† founded the regius professorship;† that your petitioner was duly elected thereunto; and did afterwards peaceably exercise the said† office. That the Reverend Dr. Gooch that† present Vicechancellour of the University† in a Cause depending before him, under pretence of certain Contempts committed by your Petitioner did with six Assessors especially call’d to that End (viz) the Reverend Dr. Covell Dr. Ashton Dr. Laney Dr. Adams Dr. Jenkins and Dr. Grigg suspend your Petitioner from all degrees in the University without hearing your petitioner or Summoning him to that purpose and upon that suspension the said Vicechancellour did† afterwards (viz) out of the Court† totally obstruct your Petitioner in the Execution of his Office of† Regius Professor, that afterward the said Vicechancellour calld a Congregation of the University, and the Same being Assembled proposed a grace to the Caput for degrading your Petitioner for the Aforesaid pretended Contempts†. Dr. Otway one of the Caput being suspected of Not having taken the Oaths to your Majesty. Dr. Ashenhurst and Mr. Bull 2 members of the said Congregation demanded of the Vicechancellour who is† Justice of the peace, that the Vicechancellour with Dr. Laney another Justice of the Peace then† present should tender the Oaths to the said Dr. Otway, before he gave his vote as one. of the† Caput. but the Vicechancellour refus’d to do so with threats to the said Dr. Ashenhurst that he would take care of him or to that Effect, and permitted the said Dr. Otway to vote, and so† the grace passd the Caput, and the said grace being afterwards† read to the said† Congregation, it† passd by a Majority whereby your Petitioner. stands degraded and excluded from all degrees titles and rights† in the said University. That the said proceedings being illegall and unstatu-table† tending to the Confusion of the Methods of Justice in the University and† the disquiet of the Same, and to the Support of Disaffection to your Majestys person and government Your Petitioner doth humbly apply to your Majesty as† supreme Visitor of your own University
Your Petitioner† doth† humbly beseech Your Majesty to hear your Pettitioners Case and to give such relief to† the premises as to your royal justice and wisdom shall seem meet and your Petitioner shall ever pray et.c. /
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The Deposition of Mr. Clarke the Beadle.
On Tuesday the 3d† {6} of September I waited on Dr. Bentley and told him I had orders from Mr Vicechancellour to Arrest him at the Suit of Dr. Middleton; he asked me why I came so late, that he expected me all the afternoon designing to write by the post to the King about it; and† I told him I brought it soon after I received it. well said he ’tis illegall and unstatutable and I will not obey it, let me see your Arrest are there nine heads to it? I told hi<m> I could not part with it because it was my Authority; well said he you shall have it again only <let me peruse it.> Then he took it and said it signifyd nothing because there was not the consent of nine heads; and added† the Vicechancellour usd him worse than he would any common Doctor of the town; that† Vicechancellour was not his judge, and that he should find the King alone was his Judge as he was his Regius Professor; that the Vicechancellour should not think that he would be concluded by what he and 4 or 5 of his friends determined against him over a bottle; that they acted foolishly calling an Arrest and a summons to his Court the same thing, and that if he gave bail or went to prison he satisfy’d the Law; I told him I thought that was only in part and then ask’d him for my Arrest; he said I might leave it with him, but that he would give it me when ever I calld for it, or wanted it, and so we part’d
The next day in the Morning I went and demanded it of him, he said he had further Occasion for it and Could not part with it; I told him he broke his word and promise with me and press’d him to restore it, well well said he you shall come to no Damage by it, and he added that he would give it me when fryday was over; I said he dealt uncivilly by me and would put me upon difficulties; but he absolutely refusd to do it, and so I went off. and going to the Vicechancellour told him what usage I† met with, he told me I must get another decree, which I did from Mr. Cookes† of Magdalene’s but when I went with it to Dr. Bentley’s he would not see me and I was refused Admittance.
On Thursday September† 25th about 2 of the Clock Mr. Simpson† went together to Dr. Bentley’s, into the Room where they dine the Company was† gone out and after a little time Mr. Simpson left me and went to the Vicechancellour† not long after Dr. Ashenhurst Mr. Lisle and Mr. Witton came in to me Mr. Lisle ask’d me what authority I had to stay in another mans house against the Master’s leave; I said I was not to give him an Account he said he believd I could not justifye it; I then askd him why he did not turn me out; well, said he if you want your arrest I will give it you, and have orders to tell you, you shall come to no damage so far as a hundred pounds go; I said if Dr. Bentley would give it me I would thank him but would receive it from no other hand. they stayed some time longer with me, and then going out Dr. Ashenhurst said, well, Mr Beadle if you won’t go out of the room I’ll lock you in which he did, but soon after return’d and open’d it; a while after this the Masters servant came in and desir’d I would go away; I told him I had orders to stay longer; on which he said he was commanded to lock the door, and the Doors on both sides of the Room were lockd upon me for 2 hours at the least; after 6 of the Clock I knock’d and the Door was open’d to me, not long after which Mr Simpson came and Call’d me away.
Upon Saturday september 27† at night I went again to Dr. Bentley’s, Mr. Witton came out and ask’d my business, I told him I came to speak with Dr. Bentley from the Vice Chancellour; he came ou<t> again and said the Doctor was busie, and had nothing to say to me; I told him I wanted my decree he came out the third time and brought it in his hand, I said I would not receive it but from the Doctor himself as he had promis’d; he said the Doctor knew I came to compleat the Arrest, and would not then be seen by me, and I must not think he would be arrested when I please but† 3 or 4 days hence perhaps he would consent to it
Edward Clarke Esquire Beadle†
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A Copy of the Grace
Cum Reverendus Vir Richardus Bentley Collegii Trinitatis Magister, ad summos in hâc Universitate titulos et honores vestro favore dudum promotus, adeò se immemorem, et loci sui et vestræ Authoritatis dederit, ut debitè summonitus ad comparendum, et respondendum in causâ coram procancellario obedientiam recusaverit, Ministrum Universitatis summonentem indignis modis tractaverit Pro-cancellarium et Capita Collegiorum Opprobriis impetiverit, Jurisdictionem denique Universitatis, longo usu, Regiis Chartis, et Authoritate Parliamenti stabilitum, pro nihilo habendam esse declaraverit; Cumque idem Rich: Bentley super his causis ab omni gradu suspensus fuerit, et postea per tres dies juridicos expectatus comparere tamen neglexerit; Placeat vobis ut dictus Rich: Bentley ab omni gradu titulo et jure in hâc Universitate dejiciatur et Excludatur. /
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Reverend Sir
I would not have you wonder at the mistake I made in the Beginning, in putting the Answer before the petition, the answer coming to my hands first. the result of these proceedings Is fear’d, will be a royal visitation, how great a loser the University will {7} by it can only be guessd at. I can’t tell whether you have heard of the University choosing Dr. Gooch their Vicechancellour again this year.
I Sent the Sand to Lynn I believe 6 weeks ago, and am under some apprehensions of their not receiving it by your not writing me word of it. I desire you will answer me immediately because I am not certain how long I shall stay here.
Your Assur’d friend and Humble Servant
Robert Wright.
My due respects every where
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[Superscription:]
For. The Reverend Mr. Pimlow Vicar of Rougham near Swaffham in Norfolk
post paid 3d /
[Docket:] Bentlys Petition to the King and Dr Gooches Answer.
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This is an edited transcript. Most of the abbreviations of the original have been expanded; words divided between lines have been united; and alterations have been adopted without comment. Text supplied where the paper has been damaged is in angled brackets. Horizontal lines have been inserted to separate the several texts in the document. Verbal variations from the earliest printed texts have been marked with daggers. Many of the abbreviations expanded as ‘your’ resemble the abbreviation for ‘the’.
{1} Followed below by some numbers in a later hand, crossed out.
{2} Braced to ‘placets 46:’ and ‘non placets 15:’, written one above the other. The printed text has ‘Regent-House’ instead of ‘non regent house’ and ‘40’ instead of ‘46’.
{3} Braced to ‘placets 62:’ and ‘non placets 35’, written one above the other. The printed text has ‘Non-Regent-House’ instead of ‘regent house’.
{4} ‘sunk’ in the printed text.
{5} Closing inverted commas supplied.
{6} ‘23d’ (correctly) in the printed text.
{7} ‘be’ omitted by mistake.
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