that there might be different charters, and that the one of 1284, when the secular brothers of St. John's were introduced, might confirm and complete the former, and so be made the entire charter of foundation. This was the exact case with Merton, the most ancient college at Oxford. Their first charter is, Jan. 7, 1264; the second in 1270, and the third, which completed the two former was, in 1274'. There is a still further analogy in the two cases. The house of Merton, settled in 1270, is entitled Domus Scholarium de Merton; and in the royal instrument of 1274, Peter House is called Domus Scholarium This instrument, indeed, does not appear in the Rotula Parliamentorum, nor in Rymer's Fœdera; still such an instrument exists-for I have seen it -I am surprised, after Caius had made more than one mistake, for he describes this latter paper, as dated 1273, and the complete foundation in 1280, that Mr. Smyth should not have been more curious and exact on the subject, as he had resided much at Cambridge, and still more Mr. Baker, who was a constant resident; for, it appears, that Mr. Baker himself had not seen it. He says, (MS. Account of St. John's College,) "If any such were, it must have been made to them, whilst they were yet in the old house; for it is very certain, both from the original instrument of partition, by Hugh Balsham, as well as from the instruments of submission to his arbitrament, both by the brethren and scholars, that they were not removed to Peter House, till 1284." He goes on, "But I cannot but suspect there is some mistake.” But there is, at least, no mistake in Wharton's date of 1274; and it is certain, that it concerns Domus Petri, though it still appears, from Baker's account, that the seculars of St. John were not removed to St. Peter's till 1284. And if this is considered the date of its complete foundation, it must be considered as younger than Merton College, Oxford, by ten years. Peter House was to be founded, secundum regulam scholarium Oxon: qui de Merton vocantur. a The Ancient and Present State of the University of Oxford, by John Ayliffe, L.L.D. p. 272. b These several charters are in the register book of Merton College, and the originals, therefore, are most probably among the archives. 1 Petri; and it should be still further recollected, that the king himself recommended to Hugo de Balsham, to make his house of Peter conformably to that of Merton. At all events, this latter circumstance settles, in the order of time, the precedency of Merton College, as an endowed literary house, by royal charter, above that of Peter House a. In the register of Durham is a copy of the Merton statutes, bearing date 1274; and this copy is, probably, as old as the original, it being entered on the oldest book in the church b. a This again shews, that Caius' is mistaken once more in what he says of the relative antiquity of the two colleges. Hist. Acad. Cant. p. 57. b A witness, adds Baker, that cannot lie. See Baker's MS. Account of the Canonry of St. John's. Among the archives of this college of St. Peter's is another very ancient instrument, a deed of convention between St. John's and the Carmelites, or Monks de Penitentia Jesu, by virtue of which the latter paid the former twenty shillings a year: and I think it is paid to this day. Mr. Baker observes, (MS. Hist. of St. John's Hospital, p. 23.) that the original submission of the master and scholars of St. Peter's is among the archives of the University: according to this, the church of St. Mary's (to which the dispute related) was to continue in possession of St. Peter's, but with equitable considerations; and as a compensation to the brother's of St. John's, it was ordered, that St. Peter's should pay St. John's twenty shillings a year, as before mentioned. Mr. B. observes, somewhere in this History, that Hugh Norwood, Bishop of Ely, A. 1246, procured an exemption from taxing two houses of canons regular, belonging to St. John's, near Peter House; which I mention for the sake of adding in the proper place, what I noticed before, that Mr. B. observes, this is the first time he reads of a chancellor. It, however, occurs several years before, in Hare's Collections, viz. in the Literæ Regiæ, (15 Hen. III.) and in Pope Gregory's Rescript, the same year, in the regular course of business, and not as the name of an officer newly established. From what has been said above, it is clear, that the question, where was the first college founded, at Cambridge, or Oxford? is but a hair-breadth dispute, to which a certain verbiage has given too much of substance, and into which the perplexing of religious houses with colleges endowed Hugh de Balsham, or Bedesale, then, for he is called by both names, the founder of this college, was a native of Balsham, or rather, perhaps, a scholar of the convent there it being usual to call persons who arrived at any eminence, from the convents where they were educated. He became afterwards a monastic of the convent of Ely, of which, in a course of time, he was superior. Balsham is near Gogmagog Hills, a few miles to the south-east of Cambridge. Camden, speaking, after Henry of Huntingdon, of Gogmagog Hills, describes them as the pleasant hills of Balsham, from a village near them a where the Danes committed all imaginable barbarities. In the monkish times, the prior and convent commonly chose the bishop, though with a conge d'elire from the king, and a confirmation from the pope; and, accordingly on the death of William de Kilkenny, in 1256, the convent of Ely proposed to exercise this right in choosing their sub-prior to succeed him. by charter, has introduced some confusion. It is clear, too, that the latter were erected, both at Cambridge and Oxford, nearly about the same time. Dr. Caius places Peter House before Merton, and Dr. Fuller places Baliol before Merton, and making Peter House before Baliol, and a fortiori before Merton, he says, it is confest, that Simon Montagu, the 17th Bishop of Ely, more than sixty years after Balsham's death, enjoined our Petreans the observation of Merton College statutes; and this, he says, makes nothing in point of antiquity. Hist. of Cambridge, p. .33. The fact, however, is, that the order had been given to Hugo himself, and this makes every thing in point of antiquity. Pat. 9 Edw. I. Im. 28. Antony Wood places the order of his colleges, in point of antiquity, thus; University College, Baliol, Merton: but properly adds, Collegio isti primus, ut antedictum, locus debetur, si dotationis uberrimæ, et academicæ societatis, ex præsenti rerum statu æstimatæ, ratio habeatur. Hist. & Antiq. Oxon, p. 85. ■ Brit. p. 436. Ed. 1600. We have many instances in the history of our church, where this privilege excited great contention between religious houses, and the king or pope, or archbishop, and sometimes even with all. In the present case, the king violently opposed the appointment, and it was not approved by the archbishop, who also wished himself to have put in another person. The king, it seems, thought that as Ely was a strongly fortified place, a monk might not be soldier enough for a bishop; for bishops then might be true episcopi militantes, and might fight as well as pray; and clerics held the highest civil offices, together with the religious. Great in the bench, great in the saddle, And styled of war, as well as peace. Hudibras. Whatever the cause, the king, by his letters, requested the Prior and Convent to choose Henry of Wingham his chancellor, for their bishop. The Archbishop of Canterbury was for Adam, the author of some treatises at the * In Lambarde's Perambulations of Kent, p. 202, is the account of a regular battle between the monks of Feversham, and the king, or the "When sheriff in his name, about the patronage of the church there. the king understood of that, he commanded the sheriffe of the shyre, to levie the power of his countie, and to restore his presentee; which commaundment the officer endeavoured to put in execution accordingly: but such was the courage of these holy hoorsons, that before the sheriffe could bring it to passe, he was driven to winne the churche by assault, in the which he hurt and wounded divers of them, and drewe and haled the reste out of the doores, by the haire and heeles." b time greatly celebrated; but the Abbot and Convent were resolute for their sub-prior; and the contest became violent. The Convent chose Hugo de Balsham; the king set aside the appointment, and laid waste the fields and groves about the bishopric ". But an appeal being made to the Court of Rome, the choice of the Prior and Convent was at length confirmed, and Hugo de Balsham accordingly consecrated Bishop of Ely in 1257: and thus he became tenth bishop of Ely. His college of Peter House (for we must return to that) was formed out of two ancient hostels, in forming which it is generally allowed that Balsham originally composed it of different materials, partly collected on the spot, and partly introduced from a neighbouring society. On the spot were the Friars of Penance and of Jesus Christ: so Carter. Smyth adds, "They were the Friars of Penance of Jesus Christ, and Friars Hospitallers of St. John; as another account:" and the truth is, it was no uncommon thing for a religious house to be characterized by two, or even, as the nunnery of St. Rhadegund was, by three names. Those introduced from a neighbouring society were the seculars belonging to the canons regular of St. John's, who had, it seems, too much religion to agree well together. So Hugh took the old twig, split from the parent tree, and engrafted it on his new plant: and thus, under his fostering •Godwin de præsul. &c. 257. b Ibid. - Caius, though he speaks of two hostels, yet writes, at the same time, as though there was but one religious house, Fratres de pænitentia Jesu Christi. Hist. Cantab. Lib. i. p. 54. |