Cromwell's speech on founding of a college at Durham

No. VIII. (Supra, p. 482.)

Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging: to all to whom these presents shall come, greeting,

Whereas it hath been represented unto us by our right trusty and right well-beloved counsellor, John Lambert, and our right trusty and right well-beloved General Montague, and our right trusty and well beloved Francis Rouse, Esq., a Committee of our Council (to whom the petitions of the Justices, Grand Jury, Gentlemen, and inhabitants of our city and county of Durham, county of Northumberland, and town and county of Newcastle-uponTyne, for the founding of a college at the city of Durham, (fn. 1) was referred by our said Council,) that the founding of a College at Durham, will be of great advantage to these counties, and to all the northern parts of this island, as well in reference to the promoting of the Gospel, as the religious and prudent education of young men there: and it having thereupon been ordered by us and our Council, (according to the opinion of the said Committee, in pursuance of the petitioners' desires,) that a College be erected and founded at Durham.

Know ye, therefore, that we, having taken the premises into our consideration, of our especial grace, certain knowledge, and mere motion have thought fit, to erect and found, and by these presents, for us and our successors, do erect and found a College of our said city of Durham, in our county of Durham, within the site of the College Houses, Cathedral Church, and Castle, in our said city of Durham, or some of them; to be and continue a College from time to time hereafter, for ever.

And that the said College shall consist of one Provost or Master, two Preachers or Senior Fellows, and twelve other Fellows; four of the said twelve fellows, to be Professors; four other of them to be Tutors; and other four of them to be Schoolmasters; and also twenty-four scholars, twelve Exhibitioners in the said College, and eighteen Scholars in the Free School, belonging to the said College. And shall for ever hereafter, be called by the name of the Master or Provost, Fellows and Scholars of the College in Durham, of the foundation of Oliver Lord Protector of the Commonweath of England, Scotland, and Ireland, and the dominions thereto belonging; and by the same name shall have perpetual succession.

And to the end that the said College may be at present furnished and provided with fitting persons for this work and service, we do, for us and our successors, constitute and appoint our well-beloved Philip Hunton, M. A. (fn. 2) to be the first Provost or Master of the said College; and our well-beloved William Spinedge and Joseph Hill, M^s. A. to be the two first Preachers, or Senior Fellows of the said College; and our well-beloved Thomas Vaughan, M. A. John Kister, M. D., Robert Wood, M. A., Ezekiel Tong, D. D., John Peachil, M. A., Leonard Wastell, Richard Russell, M^s. A. John Richel, Nathaniel Vincent, M^s. A., William Corker, John Doughty, M^s. A., and William Sprigg, to be the first twelve other Fellows of the said College: whereof the said Thomas Vaughan, John Kister, Robert Wood, and John Peachil, shall be the first four Professors: and the said Ezekiel Tong, Richard Russell, John Richel, and John Doughty, shall be the first four Tutors of the said College: and the said Nathaniel Vincent, William Corker, William Sprigg, and Leonard Wastell, shall be the first four Schoolmasters of the said College.

And we do by these presents for us and our successors, (with the advice of our Council) of our like especial grace, certain knowledge, and mere motion, and for the endowment of the said College with some competent means for the maintenance thereof, and for the better advancement of learning and religion in those parts, give and grant unto the said Master and Provost, Fellows and Scholars of the said College in Durham, of the foundation of Oliver, Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging, and their successors, all that the Cathedral Church and Church-yard, and College of Durham, aforesaid: and also all and singular messuages, and houses, and all orchards, gardens, courts, court-yards, curtilages, wastes, and waste grounds thereunto belonging, which are yet unsold, and which were lately belonging to the late Dean and Chapter of the said Cathedral Church of Durham: and the Free School there, and the School-house, and the houses for schoolmasters there, with all orchards, gardens, courts, court-yards, curtilages, wastes, and waste-grounds thereunto belonging, with their and every of their rights, members, precincts, privileges, hereditaments, and appurtenances in any wise unto any of the premises belonging, in as ample manner as the late Bishop, or Dean and Chapter of Durham, or the Trustees for the sale of the lands and possessions of the late Bishops, Deans, and Chapters, or any of them, have held and enjoyed the same: to have and to hold the said Cathedral Church and College of Durham, and also all and singular the aforesaid messuages and houses that are yet unsold, and that were lately belonging to the late Dean and Chapter of the said Cathedral Church of Durham, and the Free School there, and School Houses, and Houses for Schoolmasters there, with their and every of their rights, members, precincts, privileges, hereditaments, and appurtenances unto the said Master or Provost, Fellows and Scholars of the said College, and their successors for ever. (fn. 3)

And further, we do by these presents, for us and our successors, give and grant unto the said Master or Provost, Fellows and Scholars of the said College, and their successors, all manuscripts, library books, and other books, and mathematical instruments, and all other instruments whatsoever, late belonging or appertaining to the said Bishop, and Dean and Chapter of Durham, or either or any of them respectively, relating to the practice of any of the liberal sciences; and all our right, property, interest, claim, and demand of, in, and unto all and every the said MSS. books, and instruments: to have and to hold the said MSS. library books, and other books, and mathematical instruments, and other instruments aforesaid, unto the said Master or Provost, Fellows and Scholars of the said College, and their successors, as of our free gift.

And further, we do by these presents, for us and our successors, give and grant unto the said Master or Provost, Fellows and Scholars of the said College, and their successors, that it shall be, and may be lawful for them, from time to time, and at all times hereafter, to purchase, have, hold, and enjoy to them and their successors any lands, tenements, and hereditaments, rents or revenues, not exceeding the yearly value of six thousand pounds, and any goods or chattels whatsoever, of the gift, or to be purchased of us, or our successors, or any other person or persons whatsoever; the statute for not putting lands or tenements in mortmain, or any thing therein contained to the contrary thereof, in any wise notwithstanding.

And we will, and by these presents for us and our successors do ordain and appoint, that the said College by the name of the Master or Provost, Fellows and Scholars of the College of Dur ham, of the foundation of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions thereto belonging, and their successors, shall have power and authority to demise, lease, and grant their possessions and hereditaments aforesaid; as other Colleges may lawfully do, and not otherwise: and to sue and implead, and to be sued and impleaded by the name aforesaid: and to do, perform, and execute all and every other lawful acts and things, good, necessary, and profitable for the said College, in as full and ample a manner to all intents and purposes and constructions as any other Collegiate corporation whatsoever may or can lawfully do, and not otherwise.

And we will, and by these presents for us and our successors, do farther grant unto the said Master or Provost, Fellows and Scholars of the said College, and their successors, that they shall and may have a common seal, for sealing such their demises and leases, and for the doing of all and every other thing and things touching the said corporation: which said common seal, the said Corporation shall have power to break, change, and new make, so often as their affairs shall require.

And we will, and by these presents for ourselves and successors, do grant and ordain, that they, the said Master or Provost, Senior Fellows, Fellows, Professors, Tutors, Schoolmasters, Scholars, Exhibitioners, and Students, Officers, servants, and members of the said College, and every of them, for the time being, shall be for ever ruled, governed, and ordered by, and be subject to such wholesome orders, ordinances, laws, statutes, rules, and government, as now are made and in force, or hereafter shall be made, ordained, constituted, and appointed by us and our successors, with the advice of our Council for the time being, or by such visitors as from time to time shall be, by us or our successors, with the advice of our Council for the time being, or by such visitors as from time to time, shall be by us or our successors, with the Advice of our Council, deputed and authorized thereunto.

And we have nominated, constituted, and appointed, and by these presents for us and our successors, with the advice of our Council, do nominate, constitute, and appoint our right trusty and right well-beloved Sir Thomas. Widdrington, Knight, Speaker of the Parliament of the Commonwealth of England, Scotland, and Ireland, and one of the Commissioners of our Treasury, and our right trusty and right well-beloved John Lambert, Major-general, and Comraander-in-Chief within our counties of York, Durham, Westmoreland, Cumberland, and Northumberland, and our right trusty and right well-beloved Walter Strickland, one of our Council, and our right trusty and well-beloved Algernoon Earl of Northumberland, (fn. 4) Thomas Lord Fairfax, Baron of Cameron, William Lord Grey, of Werke, George Lord Eure, Philip Lord Wharton, Thomas Bellasis, Viscount Fawconberge, Major-general Charles Howard, Sir Henry Vane, Knight, Major-general Robert Lilburne, and our trusty and well-beloved Edmund Prideaux, Esq. our Attorney-general, William Ellis, Esq. our Solicitor-general, Sir Wilfrid Lawson, Knight, Sir Arthur Haslerigge, Bart., Sir George Vane, Knight, Colonel Charles Fairfax, Sir William Strickland, Bart., Sir John Bourcher, Knight, Sir Thomas Lyddell, Bart., Luke Robinson, Esq., Henry Ogle, Esq., Robert Midford, Esq., Richard Lilburn, Esq., William Fenwick, of Wallington Com. Northumberland, Esq., Christopher Lyster, Esq., Rowland Place, of Dirisdale, in the Bishoprick of Durham, Esq., Richard Beke, Esq., Walter Boothby, Merchant and Citizen of London, Esq., Luke Killingworth, of Northumberland, Esq., John Rushworth, Esq., Robert Stapleton, Esq., Philip Babington, of Northumberland, Esq., George Downing, Esq., Robert Cropley, Esq., Robert Fenwick, of Bedlington in Com. Northumberland, Esq., Colonel Francis Wrenn, Paul Hobson, of Seggerston-Hugh, Gentleman, Robert Hutton, of Houghton in the Bishoprick of Durham, Esq., John Bright, of Bridsworth, in the county of York, Esq., John Wastell, of Scorton, in the county of York, Esq., John Smithson, of Kipeling, in the county of York, Esq., Jeremiah Tolhurst, of the city of Carlile, Esq., Lieutenant-colonel John Mayrel, Adam Baynes, of Newstrop, in the county of York, Esq., Edward Fenwick, Esq., Gilbert Marshall, of Houghall, in the Bishoprick of Durham, Esq., Thomas Lilburn, of Ufferton, in the Bishoprick of Durham, Esq., Robert Ellison, of the town of Newcastle, Gentleman, William Briscoe, of Cumberland, Esq., John Archer, of Westmoreland, Esq., Thomas Bateman, of Westmoreland, Esq., Henry Horseley, of Northumberland, Esq., John Middleton, of Darlington, in the Bishopric of Durham, Gent., Timothy Tully, of Westmoreland, Gent., Thomas Ledgard, of Newcastle, Gent., Matthew Skirfield, Gent., Ralph Rymer, of Brafferton, in the county of York, Esq., Francis Lassels, of Stank, in the county of York, Esq., Thomas Harrison, Esq., Sheriff of York, Thomas Langhorn, of Perith, Gent., William Lister, Esq., Jeremiah Baines, Esq., Sir Christopher Pack, Knight and Alderman of the City of London, Stephen Estwick, Alderman of London, William Johnson, Alderman of Newcastle, Thomas Bonnet, Alderman of Newcastle, Anthony Smith, Alderman of Durham, Henry Rowell, Alderman of Durham, Thomas Craister, Alderman of Carlisle, Thomas Watson, Alderman of Berwick, and George Dawson, Alderman of Newcastle, Samuel Hammond, of Newcastle- upon-Tyne, Thomas Weld, of Gateside, in the Bishopric of Durham, Edward Bowles, of the city of York, (fn. 5) William Cole, of Newcastle-upon-Tyne, William Durand, of the same, Richard Gilpin, of Graystock, in the county of Westmoreland, (fn. 6) William Keys, of Stoickley, in the county of York, Thomas Trewren, of Ovingham Common, Northumberland, Richard Prideaux, of Newcastle-upon-Tyne, Henry Leaver, of Barnspeth, in the Bishopric of Durham, Ralph. Tunstall, of Long Newton, in the Bishopric of Durham, Thomas Smallwood, of Batley, in the county of York, William Styles, of Leeds, in the county of York, John Milward and James Fisher, of Sheffield, in the county of York, Ministers of the Gospel, to be the first Visitors of the said College, and of the revenues and possessions thereunto belonging. And we do likewise by these presents, for us and our successors, will and appoint, that the said Majorgeneral Howard, Richard Lilburne, of Tiakley Pincherden, in the county of Durham, Major-general Robert Lilburne, Sir Thomas Liddel, of Ravensworth, in the county of Durham, Timothy Whittingham, of Holmside, in the county of Durham, Esq., the Mayor of Durham for the time being, Anthony Smith, Alderman of Durham, John Middleton, of Darlington, in the county of Durham, Gilbert Marshall, of Houghall, in the county of Durham, Samuel Hamond, of Newcastle-upon-Tyne, Minister of the Gospel, Henry Leaver, of Branspeth, in the county of Durham, and Thomas Trewren, of Ovingham, in the county of Northumberland, to be constant Visitors of the said College: and that the other Visitors before named, shall have, hold, and enjoy their places of Visitors of the said College, for two years, and no longer.

And the said Visitors for the time being, or any nine or more of them, (whereof five of the constant Visitors to be of the quorum,) calling from time to time to their assistance a civil lawyer, or public notary, shall have full power and authority, by virtue of these presents, to visit the said College and School, and from time to time, to order, reform, and redress disorders and abuses in and touching the government of the said College, and the School aforesaid; and further to censure, suspend, deprive, expel, or remove, for misgovernment or misdemeanours, the Master or Provost, Senior Fellows, Fellows, Professors, Tutors, Scholars, and Exhibitioners of the said College; and the Schoolmasters, Ushers, Exhibitioners, and Scholars of the said School of Durham, and other members, servants, and officers of the said College and School in Durham for the time being, according to the statutes, orders, and ordinances of the said College, and according to the statutes, wills, and testaments, or other dispositions of the founders and benefactors of the said College and School, hereafter to be made respectively: so that no visitation, act, or thing, in or touching the same, be had or done otherwise than with the consent or assent of six of the said nine Visitors, at least, assembled in the College Hall or School by them visited. And we will, that their sentence and statutes, order and orders, be entered or recorded by the said public notary, in a book to be kept by them, the said Visitors, for that purpose, and that the same shall be subscribed with the hands of them, or the greater part of the said nine Visitors, so met and consenting, as aforesaid; and that they, the said Visitors of the said College and School, for the time being, or any nine or more of them, shall from time to time have power, and are hereby authorised at any time or times hereafter, to elect and choose a new constant Visitor and Visitors, or any other Visitor or Visitors, so often and from time to time as any of the said Visitors shall happen to die, or to relinquish and leave their places, or be removed therefrom; and that they the said Visitors, and the Master or Provost of the said College for the time being, or any of them, may give an oath to any person or persons touching and concerning the premises, so often as occasion shall require.

And our will is, and we do hereby further for us and our successors, grant and ordain, that when and as often as the said Visitors, or other person or persons, to whom the nomination, election, approbation, and admission of any of the aforesaid Visitors, Master or Provost, Senior Fellows, Fellows, Tutors, Scholars, or Exhibitioners of the said College, or any of them, or of the Register, Public Notary, or other officer or officers of the said College, doth or shall belong, according to the true intent and meaning of these presents, or of the statutes of the said College, by us or our authority already made, or hereafter to be made, do or shall neglect or omit to make election of fit persons to the said places of mastership, or other places or offices within the said College; during the space of three months, from the time of vacancy of any of the said places, that then and so often it shall and may be lawful for the Master or Provost, and Fellows of the said College for the time being, or the greater number of them, to elect into the said places, so being void by the space of three months as aforesaid, such person or persons as to them shall seem most meet, and best agreeing to the said statutes of the said College, to the end the said places so void, may be full: and to admit such person or persons by them so elected, into the said places respectively: which said person or persons so elected, shall enjoy the said place or places, and be invested with the profits, rights, and privileges thereof, as absolutely as if he or they had been chosen by the said Visitors, or electors, as aforesaid.

And further, we will, and by these presents for us and our successors, do grant and ordain, that if any difference, debate, or controversy, touching the premises, shall at any time hereafter arise between the said Visitors, and the Master or Provost, Fellows and Scholars of the said College, or any of them, that then upon complaint made to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal of England, for the time being, they shall have full power and authority, by virtue of these presents, to hear the said complaints, and dissensions, and controversies, and to compose, decide, order, and determine the same, as to them in their judgments and wisdom shall seem just and fit: and such order and determination of the same, as they shall set down in writing under their hands and seals, shall stand and be observed.

And our will is, and we do hereby further grant and ordain, for us and our successors, that the said Master or Provost, Senior Fellows, and Visitors of the said College for the time being, or any twelve or more of them, shall have power, and are hereby authorised, from time to time, to compose, set down, prescribe, and make such orders, rules, statutes, and ordinances, for the better ordering, government, and good rule of the said College, and of the Master or Provost, Senior Fellows, Fellows, Professors, Tutors, Scholars, Exhibitioners, and Students, of the same College, and for the ordering, government, and good rule of the Schoolmasters, Ushers, Exhibitioners, and Scholars of the said Free School, at Durham, as to them shall seem meet and convenient: so as the said statutes, ordinances, rules, and orders by them made, be not repugnant or contrary to the laws and statutes of this Commonwealth, nor to any statute, ordinance, or order, which hath been made, or hereafter shall be made by us and our successors, or by our Council, for the good government of the said College and School; nor to any clause or clauses of these presents, nor contrary to the last will or testament, or other settlements of any that shall be founders or benefactors of the said College or School.

And our will is, and we do by these presents, for us and our successors, further grant to them, the said Master or Provost, Fellows, and Scholars of the said College, and to their successors, that by virtue of these presents, they shall and may from time to time, set up, keep, and maintain, a printing-press and a rollingpress in the said College or city of Durham, by themselves or servants there, or any of their deputy or deputies; and to buy paper, iron, tin, letters, and all other things hereunto, or to any part of the printer's work, trade, or mystery, necessary and convenient; and to do every thing and things necessary to so profitable a work. Which said printing and rolling presses, shall be free and exonerated and discharged of and from all customs and impositions whatsoever, of, for, or concerning the same. And that the said Master or Provost, Fellows, and Scholars of the said College, for the time being, and their successors, may from time to time, print or cause to be printed, Bibles of all or any kind of volumes, and may license other books to the press: saving unto all singular person and persons whatsoever, their several and respective rights and privileges, for printing Bibles and licensing books; it being our true intent and meaning, that nothing in these presents contained, shall any ways prejudice any such person or persons, but that they shall have and enjoy their said respective rights, as amply as they would or might have done, before the granting of these our letters patents; any thing herein contained, to the contrary notwithstanding. And that the said Master or Provost, and Senior Fellows of the said College, for the time being, or any two of them, shall from time to time have like power and liberty to license any work or works, book or books, to the press, as any licenser or licensers in the City of London, or elsewhere in our dominions have had, or might enjoy by virtue of any order, or ordinance of Parliament, or any order of our Council, or by any other power and authority from us derived and derivable, may, or ought to have, hold, or enjoy. And we will, that no printers, stationer or stationers, merchant or merchants, shall at any time hereafter imprint, or cause to be imprinted any work or works, book or books, taledoux or taledouxes, or to import, being elsewhere printed, any such formerly printed by the said College, or their said deputies, on the penalty provided for such as contemn our authority, and the authority of our Council.

And our will is, and we do further by these presents, for us and our successors, give and grant unto the said Master or Provost, Fellows and Scholars of the said College, and their successors, that they nor any of them, nor any of the Professors, Schoolmasters, Students, Scholars, or Exhibitioners of the said College, nor any of their constant or ordinary officers, servants, or ministers, or any of them so long as they continue in any office, place, or service, in or belonging to them the said Master, or Provost, Fellows, and Scholars of the said College, or their successors, shall at any time hereafter be compelled by any Justices of the Peace, constables, or any other officers, to do, perform, or execute in their own proper persons, or any of their proper persons, or any person or persons, any watching, warding, or mustering, or any hue and cry; or be elected or appointed to any office of mayor, sheriff, bailiff, constable, tything-man, burs-holder, minister, steward, serjeant, marshall, churchwarden, sidesman, overseer of the poor, surveyor of the highways, scavenger, or any other such like office whatsoever, or to make any suit at any sheriff's hundred or lasts of hundreds; or to serve on any jury or juries, or grand inquests.

And our will is, and we do further by these presents, of our especial grace and bounty, and of our mere motion and certain knowledge, for us and our successors, give and grant unto the said Master or Provost, Fellows, and Scholars of the said College, and their successors, that they are, and shall be now and at all times for ever hereafter, exempt, exonerated, discharged, and acquitted off and from the payment of all taxes, customs, and other duties whatsoever. And that the horses of the said Master or Provost, Senior Fellows, Professors, Tutors, and Fellows of the said College, shall not be taken to ride post.

And lastly, we do by these presents, grant unto the said Master or Provost, Fellows and Scholars of the said College, that they shall have these our letters patents in due manner made and sealed with our great Seal of England, without fine or fee, great or small, to be therefore paid to us, in our hanaper, or elsewhere to our use. In witness whereof, we have caused these our letters to be made patents. Witness ourself at Westminster, the fifteenth day of May, in the year of our Lord, one thousand six hundred and fifty seven.

By the writ of Privy Seal.

BEALE. (fn. 7)

"A third University, though in the Metropolis, had been proposed, in 1648, in a letter from W. P. to Hartlib, to whom Milton had addressed his Tractate on Education.

This Letter, by Sir William Petty, proposing "the advancement of some particular parts of learning," anticipates many of the advantages to be expected, among the felicities of the present age, from "the University of London." A school for all, is also proposed, "none being to be excluded, by reason of the poverty and unability of their parents, for hereby many are now holding the plough, which might have been made fit to steer the state."