Cambridge Papers. W. W. Rouse Ball
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with the intentions and directions, of previous benefactors is contrary to public policy, and tends to prevent future benefactions.
13. This implies that Nevile had accepted the office of master of Trinity College under promises which rendered it inequitable that the college statutes should, during his tenure of the post, be altered against his wishes, but it is stated that this argument, though noted, is not to be pressed.
14. This raises some technical points, especially as to whether statutes of a College given under the great seal can be varied by letters patent without explicit reference to the clauses altered or repealed.
The memorandum concludes with a request that the College may have liberty to ask the opinion of the Judges on the questions raised, and thus obtain the benefit of the king’s “most equal just and princely laws.”
The use of the personal pronoun in one or two cases and the reference in the thirteenth paragraph to Nevile suggest that the document was composed by him. I cannot find out anything about the result [59] of the petition, but I conjecture that nothing came of it. Nevile however was not inclined to let the matter rest, and no doubt the esteem felt for him at court and his personal popularity were of great assistance to the Society in the negotiations that followed.
It was a few months later, in May 1608, at the annual election of scholars at Westminster that Nevile took the next step in defence of the college position. The following account of the election is based on a paper preserved at Westminster:
The Master of Trinity College (Nevile) refused to take the oath which was required, previously to the election, by the Law of the land as well as by the local Statutes. He also refused to elect to his College the three Scholars ordered by the Letters Patent of the Crown. The oath however was taken by the Dean of Westminster (Neile) and the Dean of Christ Church (King), as well as by their assistants, and by the Master of the School (Ireland). The Dean of Westminster then demanded, in writing, that the election should proceed; when the Master of Trinity College referred to some composition by which he stated he would be governed. To this the Dean of Westminster replied, that he knew of no such composition, and that, if it had existed, it was necessarily set aside by the Letters Patent of Queen Elizabeth and of His Majesty; whereon the Master of Trinity College observed, though with much protestation of his loyalty, that he did not allow the validity of the Letters Patent.
The other Electors, however, having agreed to proceed, the nine Scholars who had been examined were called in to hear the Statute read for the election to the two Colleges. The Master of Trinity then said that he had not places [60] enough vacant in his College. [In fact in April he and the Seniority had filled up all scholarships then vacant and pre-elected men to succeed to scholarships as vacancies occurred.] To this it was replied, that the want of vacancies had been occasioned by pre-elections of supernumerary Scholars, that the words of the Statute were disjunctive, and there was a clause commanding such Scholars to be received if they were fit. The Master of Trinity College did not deny the fitness of the candidates, but still refused to elect. In this wrangling the whole morning was wasted.
At length they went to dinner. After this, a fear having been expressed, that this “distraction” might become troublesome to their friends, “perhaps to His Majesty,” and “not without some obloquy” to themselves, the Master of Trinity College proposed a private settlement, naming October for it. The suggestion was favourably received by the Electors other than the Dean of Westminster. The latter however affirmed, that with his consent less than three Scholars should never be taken by Trinity College and three by Christ Church if the School produced so many fit Scholars: and as to that part of the Letters Patent, which related to the election of Westminster Scholars at Trinity College to Fellowships, he required that they should be taken in preference to others, if their qualifications were equal; stating at the same time, that the clause declaring them eligible to Fellowships two years after their degree of A.M. had arisen solely from the practice of pre-electing so many Fellows, that for three or four years together no election took place; and the Westminster Scholars at Trinity College were driven out to seek a better fortune elsewhere. The Master of Trinity College allowed that the practice of pre-elections was wrong; and it was at length agreed that if this were discontinued, that part of the King’s Letters concerning the eligibility of Westminster Scholars two years after their [61] degree of A.M. should not be urged against the local statute of Trinity College, De Gradibus Suscipiendis. Thereupon the Master of Trinity College took for his College as Scholars three candidates, to wit, Hacket, Shirley, and Herbert.
The three scholars so taken obtained fellowships in due course, Hacket became chaplain to James I, Charles I, and later to Charles II, suffered cruel persecution under the commonwealth, and at the restoration was made bishop of Lichfield: the Bishop’s Hostel was erected at his cost. An incident in Shirley’s career is chronicled below (see p. 223). Herbert was the well-known poet and divine. If the above account is reliable, and there is no reason to doubt its accuracy, the most important question in dispute, namely the preferential right of Westminsters to election to fellowships at Trinity, was left open. Nevile however had no intention to allow the matter to drop, and having made his protest at Westminster, he now secured the good services of his friend and Cambridge contemporary, Richard Bancroft, archbishop of Canterbury, who undertook to act as mediator in drawing up a “friendly and full” settlement of the question.
An agreement, drafted I feel confident by Nevile, was submitted to the archbishop and, after he had made a few alterations, was accepted by the dean and chapter of Westminster. The seniority of Trinity College, on 5 September 1608, passed a [62] minute that the matter “be referred to our Master against the 13th of October,” and the deed is so dated, but its execution must have been delayed since there is a minute of the seniority, 8 December 1608, ordering that the composition with Westminster should be engrossed and sealed at the audit so as to be delivered before 1 February 1609.
The deed embodying this agreement was made between the dean and chapter of Westminster and Trinity College, and provided that the College should take yearly three scholars from Westminster School to be scholars of the College, and that there should be no pre-elections of supernumerary fellows to the prejudice of the Westminster scholars if deserving of fellowships. In consideration of these definite obligations the dean and chapter of Westminster agreed that the letters patent of 1607 should never be urged against the College by the dean and chapter or the schoolmaster or ushers or scholars of Westminster, and that the College should have such full power to elect fellows as had been previously enjoyed, excepting only the practice of pre-elections. To the deed is appended a statement that it was made with the privity and approbation of the archbishop of Canterbury, the earl of Salisbury (lord high treasurer of England and chancellor of the University of Cambridge), and of the earl of Northampton (the lord privy seal), all of whom signed [63] it. This conclusion of the affair may be regarded as a personal triumph for Nevile.
The arrangement was submitted to the king who in a letter directed to the College approved it, but required that the Westminster scholars each year should be granted seniority over other scholars of Trinity of their year and not be hindered by pre-elections: he did not however withdraw or rescind the previous letters patent. I have never seen the text of this letter but its contents are indisputable, and there are various subsequent references to it. The obligation to allow this seniority to the Westminster scholars was henceforth recognized by the College as binding on it.
The advisers of Trinity seem to have been doubtful whether it would be admitted that this second letter implied the rescission of the letters of 1607, and since there was every reason to avoid raising the question whether royal letters or mandates could be set aside or modified by private arrangements, it was wise to let matters run on as long as the agreement of 1608 was carried out by the school authorities. There is however a memorandum, ascribed to January 1610 in the State Papers, showing that “the recent grant