vation was never carried into effect,(1) and Dr. Bentley died in undisturbed possession of the Mastership on the 14th of July, 1742. At the nomination for the office of Vicechancellor were proposed Dr. Roger Long Master of Pembroke Hall, the late Vicechancellor, tinued six weeks, and the Bishop was, it is said, about to pronounce sentence of deprivation when he caught a cold, from which illness ensued, which terminated fatally on the 31st of July. 1714-Serjeant Miller in the name and on behalf of many of the fellows presented to Dr. Fleetwood Bishop of Ely fresh articles against Dr. Bentley, but the Bishop declined taking cognizance of the accusation. 1716-On the 16th of May, 17 of the fellows petitioned the King to ascertain the visitatorial power, either by a new grant or confirmation of it to the Bishop of Ely, or else by authorizing such persons to execute the same as to his Majesty should seem fit. On the 26th of October, this petition was read in Council, and referred to the AttorneyGeneral. 1719-On the 26th of May, the petition was referred by the Lords Justices to a Committee of the Privy Council. Pending this reference Bishop Fleetwood refused to act as Visitor. 1728 Dr. Greene, who succeeded Dr. Fleetwood in the see of Ely, having consented to act as Visitor, the fellows were preparing fresh articles against Dr. Bentley, when, on the 10th of August, he procured the coll ge seal to be affixed to a petition to the King, praying his Majesty would determine the disputes in the Society. The prosecutors drew up counter-petitions, and on the 6th of November, the Bishop petitioned that A Committee of the Privy he might be heard in behalf of the rights of his see. Council was appointed to consider the merits of the case. The Committee after hearing all parties by counsel decided, in March 1728-9, that they could not advise his Majesty to interfere, and that the Bishop was at liberty to proceed as he thought proper. 1729-Robert Johnson B.D., one of the fellows, presented to Bishop Greene articles against Dr. Bentley, and on the 1st of April, the Bishop cited the Master to appear and answer at Ely House on the 5th of May. On the 3rd of May, Dr. Bentley applied to the King's Bench for a prohibition; a rule nisi was granted on the 7th, but on cause being shown the rule was discharged. On the 2nd of June, Dr Bentley appeared at Ely House, and excepted to the articles. These exceptions were heard on the 9th, and overruled by the Bishop who, however, directed some alterations to be made in the articles, and appointed a day for the promoter to present them in a corrected form. On the 21st of June, Dr. Bentley again applied to the King's Bench for a prohibition. A rule nisi was granted and made absolute on the 10th of November. 1730-In Michaelmas Term, the pleadings in the action of prohibition were argued in the King's Bench, but the decision was postponed. 1731-In Trinity Term, the Court of King's Bench decided upon continuing the prohibition on the ground of an inaccurate description of the Bishop's visitatorial power. After this decision, fresh articles were prepared against Dr. Bentley, who petitioned the King to command the Attorney-General to issue a fiat prohibiting the Bishop's visitation. This petition was referred to the Attorney and Solicitor-General, who after argument, decided on the 4th of August, that the fiat prayed for by Dr. Bentley would be illegal and unprecedented. Subsequently a writ of error against the decision of the King's Bench was brought in the House of Lords. in £100. costs. 1732-3-The House of Lords on the 15th of February, reversed the decision of the Court of King's Bench, as to 20 of the 64 articles, condemning the Bishop as plaintiff in error 1733-On the 31st of May, the writ of consultation decreed by the House of Lords was sent to the Bishop, who cited Dr. Bentley to appear at Ely House, on the 13th of June, as he accordingly did by his Proctor who put in a negative plea. Witnesses were subsequently examined both for the prosecution and defence, and after many hearings before the Bishop and his assessors, the result was the above-mentioned sentence of deprivation pronounced 27th April, 1734. (1) As soon as the Bishop had pronounced the sentence of deprivation, he transmitted one copy of it to Dr. Bentley, ordered another to be affixed to the College gates, and sent a third to Dr. John Hacket, the Vicemaster, with a mandate requiring him to execute the deprivation. Dr. Hacket returned for answer that he would take legal advice for his conduct. On the 17th of May, 1734, Dr. Hacket resigned the office of Vicemaster, and Dr. Richard Walker, a devoted adherent of Dr. Bentley's, was appointed in his stead, Dr. Walker of course took no steps for the deprivation of his friend. In January, 1734-35, the Bishop sent his mandate to Dr. Walker requiring him immediately to deprive the Master agreeably to his sentence. To this no attention was paid. In Trinity Term, 1735, a motion was made in the Court of King's Bench, for a mandamus to compel the Vicemaster to give effect to the Bishop of Ely's sentence. The Court granted a writ, to which in Michaelmas Term, Dr. Walker made a A rule was then obtained special return, which being argued, the Court quashed the writ. for a mandamus requiring the Bishop as general visitor to do his duty in compelling the Vicemaster to the execution of his sentence. This rule was discharged on the 22nd of April, 1738, and the death of Bishop Greene, which occurred on the 18th of May in the same year, put an end to a contest which had continued in an infinite variety of forms for upwards of twenty-eight years. Dr. William Towers Master of Christ's College, and Dr. John Adams Master of Sidney College. The votes for each were equal, but Dr. Bentley, as Regius Professor of Divinity, determined in favour of Dr. Towers and Dr. Adams, and on the following day Dr. Towers was elected,(1) 1735. On the 29th of April, the House of Commons, previously to going into committee on a bill to render more effectual the copyright act, (2) ordered that it be an instruction to the committee that they have power to receive a clause for better securing the payment of the drawback of duties for paper used in printing books in the Latin, Greek, Oriental, and Northern languages within the two Universities of Oxford and Cambridge.(3) About October, Mrs. Drummond, a young Scotch lady who had turned Quaker, preached "to the whole University of Cambridge, on the Castle-hill.”(4) 1736. On the 25th of March, the University presented a petition to the House of Commons respecting a bill to restrain the disposition of lands whereby they become unalienable. This bill commonly but inaccurately termed the mortmain bill, had been introduced by Sir Joseph Jekyll the Master of the Rolls.(5) The petition from the University set forth :— That the University, and the several Colleges therein were founded, and endowed, for the maintaining fit Persons in the Study of useful Knowledge, and the bringing up Youth in Learning, Virtue, and Religion; and that they have hitherto pursued those Ends with great Industry and Success; and that many excellent Books have been written by the Members thereof, for the Service of Religion, and many useful Discoveries, and great Improvements, made in Arts and Sciences; and that many of the Nobility and Gentry have by their academical Education, been so well fitted for the Service of the Church and State, as to have proved the Ornaments and Supports of both; and that the University hath, at all times heretofore been thought worthy of the Countenance of the Legislature, and continually favoured by Persons of all Orders and Degrees, eminent for Wisdom and public Spirit ; and that, if the Bill to restrain Alienations of Lands should pass into a Law, without Amendment, it will, as the Petitioners apprehend, be attended (1) Monk, Life of Bentley, ii. 358; Gunning, Ceremonies of the Univ. of Camb. 46 n. (2) Stat. 8 Ann. c.19; Vide ante, p. 97. (3) Commons' Journals, xxii. 479. A similar order was made 11th Feb. 1736-7. (4) Wade, British Chronology, 3rd edit. 409. (5) 10th March, 1735-6. with Consequences greatly prejudicial to them at present, and much more so in time to come because it will, in a great measure prevent all Donations to supply present or future Deficiencies, or for any other wise and great Purposes, how useful and necessary soever they may be thought; and that a considerable Part of their Revenue arises from Annuities, and other certain Payments, issuing out of Lands and other Estates; and that many of these Payments having been fixed in the Reign of Queen Elizabeth, and still continuing invariably the same, are now by the Great Fall of money since that time, sunk so far below their original Value, as to be insufficient to answer the Purposes, for which they were designed; and that several Headships are under 1207. some under 1007. per Annum; and that the Salaries of some Professorships are under 501. per Annum, and others, as those of Botany, Anatomy, and Chymistry, have no endowment at all; and that the Income of much the greatest part of their Fellowships is under 601. of many under 401. of some so low as 301. 201. and 15. per Annum; and that many of their Scholarships and Exhibitions amount not to above 67. 47. and 3. per Annum; and that some are even under those small Sums; and that many poor Students have neither Scholarship nor Exhibition to help towards their Maintenance; and that the Number of Advowsons, in most colleges, is very small in proportion to the Number of Fellows and therefore praying the House to except this University, and the several Colleges therein, out of the said Bill. : This petition was referred to the committee of the whole House, to whom the bill was committed.(1) On the 2nd of April, the House of Commons resolved itself into a Committee of the whole House upon this bill, when a "clause "for excepting out of the said Bill the Universities of Oxford and "Cambridge, and the Colleges of Eaton, Winchester, and Westmins"ter, with a Provision relating to Advowsons, was presented, and "a Motion made for its being receiv'd and made Part of the Bill, "which occasioned some Debate; but upon the Question being put, "it was upon a Division, carry'd in the Affirmative, by 227 to 130. "With respect to the Proviso relating to Advowsons, an Amend"ment was proposed for leaving it in the Power of the several Colleges belonging to the two Universities to exchange small Livings "for larger, so as not to increase the Number of Advowsons, to "which they were by the Act to be restrained, which occasioned a "new Debate, and at last upon putting the Question it was carry'd "in the Negative."(2) 66 The committee proceeded with the bill on the 5th of April. Subjoined are extracts from a letter from the Hon. John Sherard to Dr. Ducarel, dated the 6th of April : Last night ended the grand debate concerning the Mortmain Bill in the House of Commons. There were three questions put upon it by the Speaker; (1) Commons Journals, xxii. 653. (2) Historical Register for 1737 p. 291. viz. Whether the two Universities should be excepted out of the said Bill? which was carried in the affirmative by a great majority, 227 against 100 and about 20 or 30 odd. The speakers for it was Tigribus Agni of both parties, Sir Robert Walpole, Shippen, &c. &c. I was not there myself; but this is the account I have heard of it. When the debate began, one Mr. Griffith insisted upon the galleries being cleared from all the black coats and banded gentlemen. Though the house rang with noes against it, the gentleman insisted upon his motion, it being a standing order of the House, that any Member might insist upon the House being cleared of strangers. The parsons were all turned out, and afterwards some of them getting in again, Mr. Griffith routed them a second time. In this point I think the University are greatly the better for the Bill; for as all other corporated bodies are now made incapable of receiving any benefaction but in the life-time of the donor, all such persons who shall hereafter be disposed to leave charities at their deaths, will be necessitated to leave those charities to one of the Universities, because no other corporated bodies can receive them. The next question was-Whether the number of livings belonging to Colleges should be limited, and in what manner? After some debates thereon the House came to this resolution, viz. That every College might have as many livings (worth £100 a year or more) as should equal the number of their Fellowships. Those of less value than £100 per annum should not be reckoned in that number, if such Colleges as had already got more Livings than half the number of their fellowships should not be obliged to sell any of them; but they should buy no more. Such as have less than that number, might purchase till they came to that number, and might afterwards change them, in order to increase their value, as they thought proper. The third question was-What should be done with the small Livings? But the gentleman that gave me my information, could give no clear account of that matter, so you must excuse me if I here leave you in the dark. But I think that matter was pretty well settled by the Resolutions of the House on the second question, and that is, that they might either change them for larger or sell them in order to purchase larger. This bill, which was brought in by the Master of the Rolls, is chiefly supported by young Members, who have been Members of the Universities. Some came very lately from Oxford.(1) On the 8th of April, the committee reported the bill with the amendments, which were, with an amendment, agreed to; and on the 15th, the bill was read a third time and passed by 176 against 72.(2) The bill was read the first time in the Lords on the 16th of April. On the 20th, it was read a second time, and referred to a committee of the whole House. On the 5th of May, "A Petition and Repre"sentation of the Master, Fellows, and Scholars, of the College of "The Holy and Undivided Trinity, in the Town and University of Cambridge, was presented, and read; setting forth, That they are "endowed with the Patronage and Advowson of many small Livings; "and that they apprehend, they will be restrained from receiving "Benefactions, if the Bill above-mentioned should pass;' and pray (1) Nichols, Illustrations of the Literary History of the eighteenth century iv. 669. (2) Commons' Journals, xxii. 680, 686. "ing, "That they may be enabled to sell such of their small Livings "as they shall see proper; which, instead of being an Advantage "to the College, are a great Burthen to them." This petition was ordered to lie on the table.(1) Before the House resolved itself into committee, "The Lord Gower "moved for an instruction to receive a clause in favour of the uni"versities, much of the same nature with that proposed in the House "of Commons, with respect to the giving them a liberty to exchange "the small livings they were, or might be in possession of, for "others of a greater value, so as the number of advowsons in the 'possession of any college, might never exceed the number pre"scribed by the bill; in which he was supported by the lord "Bathurst, the earl of Abingdon, the earl of Strafford, &c. but "upon the question's being put, it was carried in the negative."(2) The bill having passed both Houses,(3) received the royal assent 66 (1) Lords' Journals, xxiv. 646, 652, 663. (2) Cobbett's Parliamentary History, ix. 1119. (3) During the progress of this bill was presented to the two Houses an Account of Licenses to hold in mortmain, granted since the Act of 7 and 8 Gul. III. (Vide ante, p. 33). So much of this account as relates to the University of Cambridge is subjoined : "22 May, 3 K. "Wm. IIId. Pat. "Part 8, No. II. "8 Ap. 12 K. "Wm. IIId. Pat. "Part 4, No. 9. 2. (A Licence granted to the Master, Fellows, and Scholars, (A Licence to the Provost and Scholars of King's College, 23 Mar. 2 Q. (A Licence granted to the Master and Fellows of Gon"Anne, Pat. Partville and Caius College, in Cambridge, to hold, in Mortmain, to them, and their Successors, for ever, all Ad"vowsons of Rectories and Vicarages, and also all Ma"nors, and other Hereditaments, not exceeding the yearly "Value of "23 May, 4 Q. Anne, Pat.Part "3d. "3d. ... A Licence granted to the Master and Fellows of Corpus Christi College, and The Blessed Virgin Mary, in Cambridge, to purchase in Mortmain, all Advowsons "of Rectories, Vicarages, &c., of whatsoever Value, not "exceeding Ten in Number, and also all Manors, and "other Hereditaments, not exceeding the yearly Value of "10 May, 5 Q. (A Licence granted to the Master, Fellows, and Scho"Anne,Pat. Part lars, of Sidney Sussex College, in Cambridge, to purchase, in Mortmain, for themselves, or in Trust for "them, all Advowsons of Rectories, Vicarages, &c., not "exceeding 10 in Number, and all Messuages, Lands, and "other Hereditaments, not exceeding the yearly Value of 20 June, 9 K. (A Licence granted to the Master, Fellows, and Scho"Geo. Pat. Part lars, of St. John's College, in Cambridge, to purchase, (in Mortmain, Lands, and other Hereditaments, not ex"ceeding the yearly Value of "3. "4 July, 3 K. (A Licence granted to the Master and Fellows of Eman- |