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saw not, sceing security was never taken in | mitted themselves, found it no easy matter to good part ; neither did the scripture so use it: draw back; and letters and messages passed and what impiety was it to affirm, that a man and repassed between these theologues and ought be certus de salute, but not securus ? their chief. By way of screening themselves

“ To say also, that credentium fides, or élec- from the power of Lambeth, they apply to torum fides, potest deficere totaliter sed non their chancellor, lord Burleigh, and pretend finuliter he asked again, against what article that they had done nothing which their staof religion established in this church was it? tutes did not allow. l'pon this point the That it was a matter disputable, and wherein archbishop observes in one of his letters, learned men did, and might dissent, without “ that for his part he never thought to inimpiety.

fringe any privilege of the university, but " In fide nullam esse distinctionem, sed in bad studied more in defence thereof than any credentibus, he took to be an crror; but yet there remaining; that the statute, which they without the compass of their authority, lav then alleged, had been procured by his means ing no article directly against it; and an error to his lordship, and therefore he had good of ibat nature, that might be solved by dis cause to know the meaning thereof; that in tinction, worthy of reprehension, not of recan- this cause he had only dealt with them by tation, for any thing lie (the archbishop] | persuasion and advice, in respect of the j'eace could vet understand.

of the church, and for the avoiding of new “ Remissionem peccatorum esse articulum controversies, but that they had not regarded fidei, sed specialem, nec hujus, nec ullius," him therein."

in that maner and sort affirmed it, he showed humility; and, in compliance with their chantherein his ignorance; wherein he should cellor's order, they submissively petitioned have been better instructed, and in more the archbishop, that some mode might be christian maner.

dlevised to prevent such men as Baret from “ To traduce Calvin, and other learned spreading their dreadful errors. Thus the men, in pulpits, he could by no means like: cause fell into the archbishop's hands : Baret neither did he allow the same towards Au was twice examined by him; the sentiments gustin, Jerome, and other learned fathers, of the most learned men of the times were which nevertheless, had often and many times taken, another recantation was drawn, to been abused in the university without con which, with some difficulty, his assent was trowle; and yet it a man would have an occa obtained, and this mighty dispute was hushed sion to controwle Calvin for his bad and un up in as easy a manner as was consistent with christian censure of K. Henry 8th or him the dignity of the contending parties. The and others, in that peremptory and false re- new recantation was in latin, and to the folproof of this church of England, in divers | lowing effect: points, and likewise in some other singulari “ Reverend fathers, and dear brethren, in ties, he knew no article of religion against it; my sermon ad Clerum, preached some time much less did he know any cause why men since before you, I asserted some things, should be so violently dealt withal for it, or which gave much offence to the ears and termed ungodly, popish, impudent; for the minds of many, and that deservedly; for I doctrin of the church of England did in no said confidently, and stilly maintained, First, respect depend upon them.

That a temporary and unfruitful faith is al • The premisses considered, he thought one with a true and saving faith; and that they had dealt in matters not pertaining to

there is no difference or distinction in faith. thai jurisdiction; and, if it remained doubtful Secondly, That it is given to none certainly which of these points were contrary to the to know by a certainty of faith that he is doctrin professed in the church of England, elected. Thirdly, That none can in this trail and which not, he hoped they would not take world be certain of his salvation by a cerupon them to determine thereof."

tainty of faith. Fourthly, That remission of In the end, thus the archbishop concluded : sins is an article of faith, but not special “ That if they meant not to use him in these of this or that person. Fifthly, That Peter's cases as a friend, he must use them according to faith onely could not fail. . Sixthly, That his place, and acording to the authority which Christ prayed for Peter's faith onely, that it God and her majesty had committed unto should not fail. Seventhly, That David knew him; and that if they had used these matters

not that he could not fal away. Eighthly, according to his directions, and as in good | That the gift of perseverance is a future condiscretion they ought to have done, Cam- tingent. Being now overcome by truth, and, bridge had been as free from these controver-according to the appointment and command sies as other places were; whereas now they of my superiors, I do freely, openly, and ingewere offensive to their friends, and a rejoicing nuously, and from my heart, revoke, conbors to the common enemy, the papists, and demn, and detest these assertions, as being to their private ill-willers."

contrary to the sacred scriptures, and the orThe heads, however, having once com thodox faith, lawfully approved in the church

of England. And I do solemnly promise, * Surype's Life of Whitgif, p: 410. that hereafter I will never profess them, or de

fend them, nor think otherwise of religion than XII. “ The dean of Ely, and Mr. Dr. Whinow the church of England thinketh, which taker came unto me, and so did Baret. I I do believe to be the true church of Christ; found that Baret had erred in divers points. and I am sory I spake so reproachfully of those I delivered mine opinion of the propositions chief men Martyr, Calvin, Beza, Zanchy, brought unto me by Dr. Whitaker; wherein whom, I confess, have deserved excellently some few being added, I agreed fully with wel of the church of Christ."*

them, and they with ine This business seems to have been brought “ And I know them to be sound doctrines, to an end, after much conference and persua- and uniformely professed in this church of Engsion with Baret, according to the wishes of land, and agreeable to the articles of religion the archbishop, about the middle of January; established by authority. And therefore I and a recapitulation of the whole was drawn thought it meet that Baret should in more up by the prelate, in these words:

humble sort confess his ignorance and error: 1.“ Baret preached a sermon at Cambridge -and that none should be suffered to teach ad clerum ; wherein divers unsound points any contrary doctrin to the foresaid proposiof divinity were uttered, to the offence of tions agreed upon. many.

“ And this is the sum of al this action. II. « Baret therefore was convented before and if this agreement be not maintained, the vice-chancellor and heads, and enjoyned further contentions will grow, to the ani. to recant.

mating the common adversaries, the papists : III. “ Baret did read a recantation pre. by whose practice Baret and others are set on; scribed unto him, but not in such a sort as some of his opinions being indeed popish." satisfied most of the hearers. IV. “ Baret thereupon was convented

Baro's Case. again, and threatned to be expelled the uni The points which Baret had discussed in versity.

his sermon, are of too intricate a nature to be V.“ Baret hereupon complaineth to me; casily settled, even by laborious students; and and I writ down to the vice-chancellor, &c. the archbishop, aware, perhaps, of the difficulto desire them to stay further proceedings tics attending the controversy, and willing to against him, until such time as I might un- retain his own authority, and preserve what is derstand the causes of their proceeding, being called the peace of the church, drew up nine matters of divinity: and the rather, because articles, which, being sanctioned farther by found some errors in that recantation, which the authority of the archbishop of York, on they had caused bim to pronounce; which the 20th of November, 1595, were sent to the errors also were afterward confessed by some heads, with strict injunctions, that for the of them, and were manifest.

sake of peace and quietness, no scholar should VI. “ Hereupon they writ to my lord trea- depart from them in his public exercises. surer, their chancellor, and complained griev- with whatever good intentions these articles ously of Baret; and desired, that, by his were framed, a considerable body in the uniauthority, they might procede to the punish versity was displeased with them, as was the ing of him.

queen herself, with the exercise of an act of VII. “ My lord answered, that he would power, infringing upon the rights of the head confer with me, and refer the matter to my of the church. "In despite of these injunchearing.

tions, Baro, the Margaret professor, preached VIII. “ But that being misliked by the on the 12th of January following, on the disparty that was sent about the business, ás be- puted topics, and, in consequence of the opileges, it pleased his lordship to write his letter | 17th of the same month, convened before the

: to the vice-chancellor and others, to procede vice-chancellor and heads. At this meeting against Baret.

the vice-chancellor declared, that several IX. “Which when I understood, I writ to bachelors in divinity had complained of the his lordship, and desired him to cause stay to sermon, and of the preacher's disobedience to be made from further proceding in this cause, i the mandate lately sent round to every college, until better consideration were had thereof; to put a stop to farther disputation. A long some of the things called in question being conversation then took place between the deep points of divinity, and wherein great professor and the heads, on the subject of the learned men did vary in opinion.

complaint; and, in the conclusion, the viceX. "His lordship accordingly did cause stay chancellor tells him :.“ It is true, I perceive, to be made.

that, in your sermon, you abstained very cauXI. “ Then I desired of the vice-chancellor, tiously from the words and phrases expressed that some might be sent unto me, instructed in the articles; but whether you delivered in these causes; and that Baret might come any doctrine contrary to these articles, must up likewise; to the end I might the better be a maiter of farther discussion. And so the end the controversies. Al which was per- meeting broke up." formed.

There were two other meetings on this sub• Life of Whitgift, p. 458.

• Life of Whityift, 458.

an open

ject, on the 21st and 29th. On the latter , granting of the statute, and there appears in day, the preacher, who had been advised by them nothing like the process of a vice-chanhis lawyers not to give up a copy of his ser- cellor's court. There is not an accuser, nor mon, was peremptorily ordered to do it. With

examination of witnesses : they want this order he complied on the next day, when the formality of accusation, defence, proctors, the vice-chancellor, by virtue of his authority, public summing up, and sentence of the urdered him to “abstain from these contro- judge. No appeal was thouglit of, except in versies, propositions, and articles, as well in the first case, and then properly denied, bes his lectures, sermons, and determinations, as cause there is no authority in the statutes for in his disputations, and other his exercises." an appeal from a meeting of vice-chancellor The heads now found it difficult how to pro- and heads to the senate of the university. If ceed; they might commit themselves again, there had, indeed, been any ground for this as they had done in Baret's case; and they appeal, must it not, in those times of ferment, were unwilling to go to extremities, until when the senate was little inclined to assent they had heard the opinion of the higher to the authority of the heads, have been frepowers. In the mean time Baro was not idle, quently claimed? but the persons likely to but wrote to the archbishop and the chan- fall under the penalty of the statute, consicellor; and the latter, in very strong lan- dered themselves as in a situation to gain reguage, expressed his disapprobation of the lief from their chancellor or the archbishop. proceedings of the committee. Such a check The forms of recantation also express specific had its natural effect with the heads: they opinions, and these opinions were all adwent on no farther with the professor in the

vanced in sermons. But to make the matter common way, but by throwing out insinua- still clearer, a more recent case was brought tions against him, that he was a foreigner, forward; and, as in this century the same and busy in other person's' matters, they con mode of proceeding was adopted as prevailed trived to make the place so disagreeable to in the reign of Elizabeth, there is every reason him, that in the next year he resigned his to believe, both from the words of the staprofessorship, and, by retiring to London, got tute, and the authority of precedents, on which rid of the childish attacks of the heads of modern lawyers dwell, so much, even when colleges.*

they contradict the law, that a supposed of Covel's CASE.

fence against the statute on serions was

never, till the late instance, thought to be The instance of one Covel might fiave been cognizable in a vice-chancellor's court. brought in here, not so much to prove the

WHISTON'S Case. exact mode adopted in cases of this sort (for the matter seems to have been hushed up) as to

[This Case will be found in the XVih

Mr. show, that they had no idea, in those days, of Volume of this Collection, p. 703. calling a man under the statute on sermons,

Frend's account of the case is inserted in p. into the vice-chancellor's court. The vice- 707 of that Volume.] chancellor informs the chancellor, that this

DuckET'S CASE. Covel, fellow of Christ college, had inveighed, in a sermon, preached some time in December

Ducket's case 'was brought forward, to 1595, against the nobility, and in some sort also show the difference of proceeding in general the bishops; that he sent for him to answer

cases against religion, and the particular one to these points, and that he now wrote to his under the statute so often mentioned. Ducket

For this lordship both for want of sufficient assistance had declared himself an atheist. of heads of colleges, and because “ he could

crime he was summoned on the 17th Feb. not as yet, by way of counsel and persuasion, 1738, to appear in the vice-chancellor's court, induce the said party to make voluntary, con

and on his appearance on the next court day, venient, and public satisfaction.” He gave he is called, the promoter, Mr. Eglington, the

on the 23rd of March, with the accuser, or, as the same information also to the archbishop, who would have sent for Covel to Lambeth: Court adjourned, on account of Bentley's inbut the vice-chancellor dissuaded him from disposition, from the Consistory to Trinity this point, by suggesting that so severe a mea

college.--There the accusation was formally sure might occasion discontent, as being a

laid; evidence was brought; and the vice-chanbreach of the university privileges; and that cellor, on summing up the whole, declared he would rather try, by himself, and the heads Ducket guilty, convicted of the crime of in the place, to bring the offendant to a volun- atheism, and, with the consent of the heads, tary satisfaction.t

expelled him the university. Here everything

was transacted in legal form; no recantation From the above related cases, it was pre was proposed or thought of. sumed, that the proper mode of acting under For a prophane and blasphemous libel, a very plain statute could not be doubted. | intituled, "" David's Prophecy," Waller, They followed within a few years after the bachelor of arts of Trinity college, was

summoned to appear in the vice-chancel* Life of Whitgift, iv. 17, 18.

lor's court on the 25th of June 1752, on + Life of Whitgift, p. 481.

the accusation of Zachary Brooke, a fellow VOL. XXII.

3 A

The office of

ler, P. A.

of St. John's college, and treated in the same also the statute De Concionibus, and the manner.

cases of Rush, Adams, Whiston, Waller, After noticing the affidavits on the part of Ducket, Latham, and two other scholars. the university, Mr. I'rend proceeds to state

Rusu's Case. and observe upon the cases produced in opposition to him. The following is his account

Some time in September 1609, probably the of them :

10th,* Kush oftended by a sermon preached The promoter made affidavit, that he had at St. Mary's, and after a summons he ap examined the statutes and other papers of the peared on the 15th of the same instant, beuniversity, from which he had extracted the fore a meeting of the vice-chancellor and statutes granted in the first and twelfth years heads, in the chamber of Dr. Jegon the viceof Elizabeth on the office of vice-chancellor; chancellor

. In this case there was no accuser :

the vice-chancellor asked Rush, whether he Acts of Courts, 1752.

had his late sermon written or not, and on At a Court holden in the Consistory of the answering that he had it not, and afterwards University of Cambridge, between the hours in a jesting manner saying, that he wished it

confessing that he had the most part of it, and of ten and eleven on the 25th day of June 1752, before the rigst worshipful John monished by the vice-chancellor to bring

were worth their worships' sight, he was adWilcox, D.D. Vice-chancellor, the right reverend Edmund Lord Bishop of Chester

, penned so near as possible he could in the

“ his last sermon preached in St. Marie's, the worshipful John Newcome, Roger Long, Wm. Richardson, Robert Smith, very words he Mr. Rush then and there utIra. Sawyer Parris, John Green, Kenrick oath, that it is the same he then preached,

tered it, and so as he may take his corporal Prescot, and Philip Yonge, respectively, D. D. being his Assessors.

soe neare as he shall know or believe, upon Me present. T. Bennett,

the second Friday in the term in the conNotary Publick.

sistory,” there to expect the further progress

of this enquiry. On the 17th he appeared Summons went forth, which again in the same lodge, and was “charged thet edhe per being returned, and proclamation by Mr. Vice-chancellor and his assistants chary Brooke, made, said Waller appeared, and with many uncharitable speeches, uttered in Barmaris was charged by Mr. Brooke with his funeral oration in Christ's colledge, tend

being the author of a prophane ing to the disgrace and discredit of Mr. Dr. blasphemous libel, intituled, “ David's Pro- Barwell deceased, and also with other matters phecy,” &c. which libel was then delivered into then by him utteredl.” To this Rush said, court. Said Waller confessed that he was the “ That he did believe, if any conscionable author of the said book which was then shown man had heard him, he would thinke the to him, and that he delivered it to be printed better of him for it, and not the worse.” The and published; that he was sorry for it, and vice-chancellor then admonished him three declared that he was not now in the same times to deliver up the sermon in writing, sentiments as when he wrote it.

which he capressly refused to do, and for The judge deliberated, and adjourned the contumacy was ordered into confinement till Court to four o'clock in the afternoon in the he should produce his sermon." On the FriConsistory, when and where said Waller was day above-mentioned, he appeared in the admonished to attend.

custody of one of the esquire bedels, and then At a Court holden between the hours of four his oath to be the trewe copie of his oracion

dclivered a paper, which he declared upon and five in the afternoon, on the 25th day uttered at Mr. Doctor Barwell his funerall, of June 1752, in the Consistory of the University of Cambridge, before the right wor

so farr as he doth know or believe;" and be shipful John Wilcox, D. D. Vice-chancellor, ing now asked for his sermon preached at St. the right reverend Edmund Lord Bishop of Mary's

, he delivered a book, of which, beChester, the worshipful John Newcombe,

* It is said the 10th, as the MS. is not very Roger Long, William Richardson, Robert clear in this place. This and the following Smith, Fra. Sawyer Parris, John Green, Kenrick Prescot, and Philip Yonge, re

cases are taken from the copies of Kipling's

affidavit delivered by the university attorney, spectively, D.D. being his Assessors. Me present. T. BENNETT,

to the attorney on the other side.-Frend. Notary Publick.

# In the margin of the paper sworn to by

Kipling, it is observed, that on the 14th Rush Proclamation being made, Mr. Brooke and had been admonished in the vice-chancellor's $. Waller both appeared. The vice-chancellor chamber, to deliver a copy of his sermon; and having deliberated with the said nine asses from the confused manner in which the whole sors, did by and with the assent, and consent case is related, it is evident that the business of them all, pronounce and declare the said could not have been transacted in a court of William Waller expelled this university, law, where there would have been a regular

Adjourned to Wednesday, 1st of July next, accusation, and each day's process would have at three o'clock in the afternoon. Prend, been defined.-Irend.

cause he said " that Mr. Vice-chancellor and sermon in the afternoon, on the Sunday folhis assistants could not well read it without lowing, immediately after the sermon, before directions, and for that himselfe made some the psalme be songe, in the minister's pewe, in doubt, that it was not there written in all the bodye of the church of great St. Marie's.” points as he uttered it in St. Marie's," he was This recantation, drawn up in the following treated as contumacious, admonished to bring words, he refused to perform. this sermon ready written on Monday next, “ Whereas many christian auditors, wyse, and in the mean time remanded into custody. godly, and religious, have beine offended with On that day he appeared in the consistory, many things which I have not longe since gave his consent to the time, place and judges, uttered in a sermon in this place, justley reand renounced all advantage to be derived prehending not only my greate indiscreation, from the wantof a sufficient number of heads, presumption, uncharitablenesse, rash and and having delivered a faithful copy of his boulde censuring, but also some strange and sermon was discharged out of custody; but, erroncous opinions I then was taken to de. as it appeared to the meeting, “ that he had liver: I am now come in the same publique wronged manye by his sermon preached, and place (after sundrey conferences had with by his oracion uttered at the sayd funerall, divers grave and learned divines of this uniand for that it was to be feared, now he had versitye) to acknowledge my fault and to his libertye, he would or might again offend make satisfaction. by publickly preaching, or in open assembly," “ And first, where in my prayer I used ind for oiker causes, he was suspended by every unreverent and reproachfull speech the vice-chancellor in the name of the Father, agaynst the cleargy or some of them, terminge etc. from all his degrees, and prohibited from them the gorbellyed clergye,' and also some praying or preaching within the university, offensive speeches which might be taken to till the suspension was taken off, and the far- touch authoritye or some attendinge in court, ther consideration of the sermon was defer'd callinge thein develish parasyts' in fiatto the 27th of October. On that day the teringe and attributynge over much to some in heads met again, and Rush was interrogated higher place : upon better advisement, I now on various points in his sermon, and after acknowledge my presumpteous bouldnesse much conversation he omised to stand by therein. their decree; so they urged him not against “ Further, in that I did then deliver these his conscience, to saye blacke was whyte or opinions in this manner and words, viz. That whyte blacke:” upon which he was admo- | St. Paule and Moyses did fault and err in their nished to bring on the next day in writing a desires, it cominge from the surge and source speech to be publicly delivered by him in of a passion too earnest and hott, and not satisfaction of the several points with which sufficiently bounded with the trew limits of he had been charged. In the morning he ap- pure charity, and also even our saviour Christ's peared before the meeting, but did not satisiy prayer (Father, if thou wilt this cup passe it, and on his appearance in the afternoon it from me, but not my will but thy will be was decreed, on a similar submission as he had done) came from nature, and without reason made before," that he should on the morrowe attendinge his understandinge all the whyle immediately after the afternoon sermon, in otherwise buysied, and his resonable delibeSt. Mary's church, in the minister's pew or racion not concurrynge therewith (for it is seat, there publiquely and openly reade with not necessarye that the resonable mynde an audible and loude voice, the whole con- should concurre with the tonge always, men tents, which shall be the schedule” delivered speaking some tymes in their sleepe, and to him by the vice-chancellor before eight in parats also learninge that facultye), and that the morning

his mouth with all the instruments of speech At eight o'clock on the next morning the were wryed as it werre, and wrested to utter paper drawn up by the meeting was delivered the summe and substance of his naturall inby the vice-chancellor into Rush's hands, in stinct and inclynacion: and further, that our the presence of the notary public, which saviour Christ's prayer, though it were uttered Rush refused to read," saying, he had Mr. | by a person resonable, yet it was nothing in Perkins and Franciscus Junius of his side, substance but nature's desyre and prayer, it and therefore he would never ly against his directly and originally being the proper cause owne conscience."

of it: and further, that the words of Christ In consequence of this refusal he was bound were as the words of a man in slecpe ; and yet with his sureties, John Atkinson and Thomas further, whereas in my confutation of Mr, Perkins, in a recognisance to appear within Beza's judgment (being that the prayer of our four days after a summons left for him at his saviour Christ came from a reasonable will), college; and on the third of January follow- I uttered these words in amswer: as I take ing, he appeared again at a meeting of the it, it cannot stande ; for how could he without heads, when he was admonished thrice by tediouse and untimelye troublinge and obtunthe vice-chancellor to read the contents of a dinge his father's earr (as I may soe speake) paper, then put into his hands, in the fore- pray that the cupp, should pass from him? I noon of the next Sunday, “ if there was no now, upon better deliberacion, doe with griefe sermon in the afternoon; or if there was a and sorrow harte confess before God and his

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