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OF THE EXCOMMUNICATION OF DR. CLIFF*, LL. D., CHANCELLOR TO N. WEST, BISSHOPPE OF ELY.
Mm. that in the yere of our Lord 1529, D. Edmundes mr of Peter College being then vice-chancellor of Cambridge the said D. Cliffe attempted to call before him one Sir Henry of Bernard Ostell commonly called Sir Henry the conjerer [who] for a certaine fact of incontinence charged uppon him as done withoute the teritorye of the university the said Cliffe proceded against him, and did excommunicate him which thing was complained of to the vice-chancellor and the said D. Cliffe charged with perjury for infringing the liberties of the university, And thereuppon for his contempt was excommunicated by the said vice-chancellor and a daye appointed when the vicechancellor with his assistance should call the said D. Cliffe before him to make answere Whereuppon the vice-chancellor did chose for the place of examination the logick scholes sitting in the seat comonlye apointed for awnswerer, and his assistance being rownd abowte him amongst which assistance T. Thorlbye D. of the Civil Lawe was.
Then the said D. Cliffe was called and he with his company made appearance and being much charged for breaking of the priveleges which weare then alleged by the procters and openly read the said Cliffe in a great stomack and in a stoute glory awnswered that he had done nothing otherwise than the lawe did beare him and to the lawe would he stande with solemne protestation in the B. name his master and in conclusion brought forth this booke of the sixt titulo de pricelegiis capite colentes titulo 7mo. And read therforth parte of the lawe very seriouslye triumphing before the victorie and said theis words to the vicechancellor, "Sir, yow se the plaine ground that I stand uppon the lawe is manifest and open to justefie my doing and for that it is not your profession to expend the lawe I here offer my booke and wher yow have amongst your assistance a
Dr. Cliffe was a Member of Clement House, and is mentioned by Fox as one of the opponents of Latimer.
lerned man in the lawe [meaning D. Thorlbe] who I am sure will so judge of this lawe as I do alledge yt, Theruppon I offer him my booke to se the lawe, And your mastershippe shall perceive how I am unjustly molested and therfore desier to be dismissed with my costes and the interest of my master the reverent father the B. of Ely may be acknowledged and the adversarie put to perpetual silence."
Then the vice-chancellor required the said D. Thorlbe to consider of the said lawe alleged which he did and after a long expectation to understand what he should judge of this lawe he said in conclusion thus: " Mr. D. Cliffe as chancellor unto the Bishop of Ely, yow have stoutly mayntained his jurisdiction to the derogation of the priveledge of the universitie, etc. And for sum countenance yow have alleged this lawe, which may seme at the first sight to make much for yow but yf yt wold have pleased you to have well weied the hole lawe and have brought in the latter parte of the lawe begynning thus In eos autem quibus ne interdici suspendi vel excommunicari a quoquam valeant a sede apostolica est indultum etc. Yow should have sene the perculer case which we have now in hand to be ther sufficientlie ruled that standing such priveleges as the university have alleged plainly to them graunted yow cold not have excommunicated this partie being out of your teritorie and so enfranchised. And theruppon yow mistake the lawe, for yt will not serve your purpose, etc."
With this the universitie as many weare present rejoyced to se his hold so well wiped awaye he and his complices amazed but yet wold not so give over but wrangled as they cold and after many words the matter was suspended and referred to the judgement of the cardinall [Wolcey] and of his learned counsell. And so yt was brought up before the cardinal his secretarie taking the parte of the universitye against D. Cliffe who with his counsell awnswered for himself. But in conclusion the said D. Cliffe was comaunded to repaire home to the universitie to submit himself to the vice-chancellor praying him to have his absolution promisinge that he wold for hereafter attempt no more such matter against the priveledge of the universitie
whereto he was sworne saying that he was sorry that ther shold be any variance betwixt the university and the B. And so uppon this submission on his knees before the vice-chancellor mekely taking his absolution he was dismissed from any further pennaunce and therwith at the request of his freends before the cardinal he was restored againe to his place and degree within the university as before. And so the priveleges of the university in their exemptions from the jurisdiction of the B. of Ely corroborated and renued after a like processe that sumtyme was had betwixt the B. and the universitye in Annis 1429 et 1430 so deligated by Martin then B. of Rome to the Prior of Barnwell and to D. J. Deping which processe was recorded in the black book of the universitie etc.
This instruction was given to me Matthue Archbishoppe of Canterberye being at Lambithe in the galery ther by T. Thorlbe D. of Lawe late B. of Ely, the xxi th daye of September A.D. 1568 et ann. regina Elizabethæ decimo et ann. consecrationis prædic. Matthæi MATTHEUS CANTUAR.
A LETTER FROM DR. FOX TO THE VICE-CHANCELLOR
Mr. Vice-chancellor I hartily commend me unto you, Advertising the same that it hath been greatly complained unto the kinges highnes of the shaimefull contentions used now of late in sermons made betweene Mr. Latymer and certayne of St. John's Colleage insomuche his grace entendeth to set som ordre therin which shulde not be greatly to yours and other the heades of the universities worship. Wherfore I pray you to use all your wisdom and authoritie ye can to appease the same, so that no further complaintes be made theroff. It is not unlikely but that thei of St. John's proceedeth of some private malice towards Mr. Latymer and that also thei be anymated so to do by their
master Mr. Watson and soche other my Lorde of Rochester's freendes, Which malice also peradventure cometh partly for that Mr. Latymer favoureth the kinge's cause and I assure you it is so reported to the kinge. And contrary peradventure Mr. Latymer being by them exasperated is more vehemente than becometh the very evangeliste of Christe and de industria speaketh in his sermons certen paradoxa to offende and sklaunder the people which I assure you in my mynde is neither wisely donne ut nunc sunt tempora neither like a gode evangeliste. Ye shall therefore in my opynyon do well to commaunde bothe of them to silence: and that neither of them from henceforthe preche untyll ye know farther of the kinge's pleasure or elle by some other waies to reduce them in concordance the wayes how to ordre the same I remyt to your wisdom and Mr. Edmondes to whom I praye you have me hartily commended trustinge to see you shortly. At London the xxiiiith day of January
Your lovinge freende
THE ADDRESS OF DR. BUCKMASTER, VICE-CHANCELLOR,
Anno Dni 1529, 29 die Januarii.
I W. B. VIC. CANT. for the extynction of infamy and sklaundre which hathe ryson and spronge of our university by reason of certen prechers within the same usyng contemptuose manner and imponyng one the others saying, Also for the quyetnes of our studies and a concorde to be had emongest us. Consyderyng my paynes and dylygence takyn all redy in the appeasyng and pacyfyeng the
This letter is written to Dr. Buckmaster, Vice-Chancellor, who was Fellow of King's Hall. Fuller states that at this time he was a Fellow of Peterhouse. Mr. Latimer preached his famous CARD-SER MON this Christmas, in answer to which Dr. Buckenham, Prior of the Black Friars, preached his DICE-SERMON. [See Fox, book x.]-ED.
same now for the accomplysshmente and holl performance of my purpose, I have thought it expedient to call you togythers* and to declare unto youe herein my further mynde for as I thynke, standynge the malice of the persones and agayne the liberall tongues of sum other furthermore the zeale that sum hathe etsi non secundum scientiam, It is not well possible and much the more it is unlykely that by any thyng that we have don quyetnes and tranquillitie shulde ensue oneless we shulde take further dyrection in the same, therfore for as muche as I assygned a day this weke if any man had any thing to lay unto Mr. Latymer's charge he shulde cum in and shulde be harde with justice and due examination, and no man came in.
Agayne forasmuche as touching certen articles imputed to the saide Mr. Latymer judged to be sklaunderouse and not discretely spoken he hathe declared them so playnly that no man now being indyfferent or yet well affecte agaynste hym ought or can be offended. Now this due satisfaction made on his behalfe I truste quyetnes and concorde shall ensue, but yet rememberyng the blynde affections which reigneth in sum persons agayn the burnyng zeale of sum other which is non secundum scientiam, moreover the liberall tongues of many one unbrydled and runnyng at liberty I thynke all my paynes and diligence taken in this cause in appeasing and pacyfyeng their seditiouse contentions shalbe of little effecte oneles I use my further authoritie and power in accomplisshment therfore [therof] and full performance of my entent and purpose, that is to say of unite and concorde to be had amongeste us and so consequently to be delyveryd from the sklaunderouse brute which flyethe about of us almost in every place I have called before me Mr. Latymer, Masters Bayn, Bryganden, Grenewod and Mr. Proctor of the blak frears through whose preching this sklaunder hath ryson and here I shall desyre you all to testyfie what I shall say unto them.
It was customary for the Vice-Chancellor, when he called a congregation, to state to the Members of the Senate the purpose for which he had summoned them. The speeches delivered upon these occasions were generally in Latin, sometimes in English.-ED.