In fact, however, the former custom of electing three scholars every third year and two scholars in each of the other years continued until 1588 after which it became usual, though the custom was not invariable, to elect at least three scholars to each university each year. During the forty-seven years from 1561 to 1607 inclusive, one hundred and thirteen scholars in all were elected from Westminster to Trinity, of whom forty became fellows.

In 1603 James I came to the throne. He interested himself in the school and was prepared to intervene in its interests or what he regarded as such. The earliest case of difficulty in the new reign occurred at the election in 1604 when the king directed the master of Trinity, Nevile, to whom in fact he was under some obligations, to take a boy, by name Albert Moreton, as one of the scholars of Trinity[20]. The boy was ignorant, and Nevile politely but definitely refused to accept him. The matter was not urged further, and though on some occasions later the Trinity electors consented under [54] ]pressure to alter the order in which candidates were elected, their right to reject on the ground of ignorance was not again disputed. Three years later, the College was faced by a more serious question concerning its connection with Westminster.

In 1607, James I addressed letters patent to Trinity College, in which after referring to the letters patent already mentioned, he ordered them to be strictly observed, and intimated that thereafter the scholars of Trinity should be taken chiefly from Westminster school if duly qualified. He then continued that he observed that the scholars who had been elected to Christ Church were notable for their learning and subsequent distinction, and regretted that this was not so in the case of the scholars elected to Trinity, a fact which he attributed to their want of succession to fellowships and to their leaving the University as soon as they had taken the degree of master. Accordingly he ordered that Westminster scholars at Trinity who had taken the bachelor’s degree should, unless deficient in learning or good conduct, be promoted to fellowships in preference to other candidates. He further ordered that any Westminster scholar in the College, who had not been admitted to a fellowship before taking a master’s degree, might remain resident an additional two years during which time he should be eligible to a fellowship, subject to lawful exceptions. [55] ]The letters are dated 27 June 1607, but it would appear that they were not presented until September of that year.

Deep resentment was felt at this order, for Trinity attached great importance to the desirability of electing as fellows the best candidates, though it was admitted that candidates from places where the House had property had statutable claims for special consideration. The College took immediate steps to protect itself, and in support of its position addressed to the chancellor of the University, the earl of Salisbury, a petition accompanied by a reasoned memorandum. These documents are not dated, but I think may be assigned to the Michaelmas term, 1607.

The petition is briefly to beg the chancellor to assist the College in obtaining a review of the letters patent with the object of maintaining its ancient privileges and former liberties; the letters patent being said to be contrary to the intentions of its founder, and to its statutes[21]. The wording is humble and courtly.

The memorandum that accompanied the petition is more outspoken. It is long, but it is so interesting that I shall venture to quote from or describe it at [56] ]length. I conjecture that it was composed by Nevile. It contains fourteen assertions or arguments to the following effect:

1. It is inconvenient that so large a College as Trinity should be restrained unto a particular School, and it can be easily shown that other Schools have furnished Trinity with students of much better hope and proof than Westminster hath done or is likely to do, for the whole number of Westminster boys who are eligible to both Universities are but forty, and there are seldom more than eight or nine candidates for the six vacancies at the two Universities.

2. To alter or subvert the ancient liberties of one of the chiefest Colleges in Christendom and to divert from the uses intended by his Majesty’s Predecessors a foundation like Trinity in order to satisfy private humour or under the pretence of benefitting an ordinary School is a great indignity to his Majesty’s Sacred Person, Power, and Prerogative.

3. The suggestion that boys coming to Trinity do not become Fellows, Doctors, Deans, and Bishops as do boys entering Christ Church is untrue, frivolous, and unfair: it is untrue, because, in fact, of the existing sixty Fellows of the College, more than one-sixth have come from Westminster, and at Trinity the custom is to prefer the worthy: it is frivolous, for the fact of a man having once been at school at Westminster is not the cause of his advancement to the position of a Doctor, Dean, or Bishop: and it is unfair, “for although Christ Church in Oxford be a most magnificent and royal foundation, and hath bred in all ages as learned, wise, and worthy prelates as the kingdom hath, yet Trinity College in Cambridge hath had no less royal founders, and if we fail in our Westminster brood (as otherwise I hope we do not) either the defect hath been [57] ]in themselves or else (which rather we suppose) it may be imputed to those good means the other College hath, being also a Cathedral Church and having Cannons both richly beneficed and highly dignified which doth enable them to Doctorships, Deaneries, and Bishopricks—a great blessing of God that our poor College wanteth.”

4. “Howbeit in that kind of fruitfulness we also are not destitute of God’s gracious blessing; for ... besides Doctors in all faculties to the number at the least of sixty, Deans to the number of eleven, Publick Professors to the number of ten, the two Archbishops, Canterbury and York, the most Reverend Fathers Whitgift and Hutton, and seven other principal Prelates of this kingdom, namely, Fletcher of London, Still of Bath and Wells, Babington of Worcester, Redman of Norwich, Rud of St Davids, Bennet of Hereford, and Gouldesborough of Gloucester, all of them simul et semel Bishops of this kingdom ... are such a demonstrative instance as we think no other College in either University can afford the like—and not one of these chosen out of Westminster School.”

5. “It is to be doubted whether there can be the like success if our Elections out of a private School shall be indubitate and certain; we rather think there can be no readier means to make Droanes and Loyterers in Colleges, nor any worse prejudice or more deadly bane unto learning and vertue, then when the rewards, and means thereof are tyed to persons, times, and places, and made regular and certain.”

6. The proposal would do a grave injustice to other students who might be men of great abilities.

7. The proposal would defeat the express wishes of Henry VIII, Edward VI, Mary, and Elizabeth, all of whom are to be reckoned as founders as well as benefactors of Trinity College.

[58]
]8 and 9. The proposal would be contrary to the existing statutes of the College, and to the oaths taken by the Master and Fellows on admission.

10. Preferences of this character are injurious to the particular School, the College, and the whole University, and a constant source of discord and contention.

11. “It is also against the Policy and common-wealth of a kingdom to restrain and abridge places and preferments originally meant, founded, and hitherto with good success employed for the common benefit of that kingdom to a private School: for benefits and privileges are to be amplified and not restrained; publick rewards are not to be applied to private places, purposes, or respects.”

12. Interference with the intentions and directions, of previous benefactors is contrary to public policy, and tends to prevent future benefactions.

13. This implies that Nevile had accepted the office of master of Trinity College under promises which rendered it inequitable that the college statutes should, during his tenure of the post, be altered against his wishes, but it is stated that this argument, though noted, is not to be pressed.

14. This raises some technical points, especially as to whether statutes of a College given under the great seal can be varied by letters patent without explicit reference to the clauses altered or repealed.

The memorandum concludes with a request that the College may have liberty to ask the opinion of the Judges on the questions raised, and thus obtain the benefit of the king’s “most equal just and princely laws.”

The use of the personal pronoun in one or two cases and the reference in the thirteenth paragraph to Nevile suggest that the document was composed by him. I cannot find out anything about the result [59] ]of the petition, but I conjecture that nothing came of it. Nevile however was not inclined to let the matter rest, and no doubt the esteem felt for him at court and his personal popularity were of great assistance to the Society in the negotiations that followed.

It was a few months later, in May 1608, at the annual election of scholars at Westminster that Nevile took the next step in defence of the college position. The following account of the election is based on a paper preserved at Westminster:

The Master of Trinity College (Nevile) refused to take the oath which was required, previously to the election, by the Law of the land as well as by the local Statutes. He also refused to elect to his College the three Scholars ordered by the Letters Patent of the Crown. The oath however was taken by the Dean of Westminster (Neile) and the Dean of Christ Church (King), as well as by their assistants, and by the Master of the School (Ireland). The Dean of Westminster then demanded, in writing, that the election should proceed; when the Master of Trinity College referred to some composition by which he stated he would be governed. To this the Dean of Westminster replied, that he knew of no such composition, and that, if it had existed, it was necessarily set aside by the Letters Patent of Queen Elizabeth and of His Majesty; whereon the Master of Trinity College observed, though with much protestation of his loyalty, that he did not allow the validity of the Letters Patent.

The other Electors, however, having agreed to proceed, the nine Scholars who had been examined were called in to hear the Statute read for the election to the two Colleges. The Master of Trinity then said that he had not places [60] ]enough vacant in his College. [In fact in April he and the Seniority had filled up all scholarships then vacant and pre-elected men to succeed to scholarships as vacancies occurred.] To this it was replied, that the want of vacancies had been occasioned by pre-elections of supernumerary Scholars, that the words of the Statute were disjunctive, and there was a clause commanding such Scholars to be received if they were fit. The Master of Trinity College did not deny the fitness of the candidates, but still refused to elect. In this wrangling the whole morning was wasted.

At length they went to dinner. After this, a fear having been expressed, that this “distraction” might become troublesome to their friends, “perhaps to His Majesty,” and “not without some obloquy” to themselves, the Master of Trinity College proposed a private settlement, naming October for it. The suggestion was favourably received by the Electors other than the Dean of Westminster. The latter however affirmed, that with his consent less than three Scholars should never be taken by Trinity College and three by Christ Church if the School produced so many fit Scholars: and as to that part of the Letters Patent, which related to the election of Westminster Scholars at Trinity College to Fellowships, he required that they should be taken in preference to others, if their qualifications were equal; stating at the same time, that the clause declaring them eligible to Fellowships two years after their degree of A.M. had arisen solely from the practice of pre-electing so many Fellows, that for three or four years together no election took place; and the Westminster Scholars at Trinity College were driven out to seek a better fortune elsewhere. The Master of Trinity College allowed that the practice of pre-elections was wrong; and it was at length agreed that if this were discontinued, that part of the King’s Letters concerning the eligibility of Westminster Scholars two years after their [61] ]degree of A.M. should not be urged against the local statute of Trinity College, De Gradibus Suscipiendis. Thereupon the Master of Trinity College took for his College as Scholars three candidates, to wit, Hacket, Shirley, and Herbert.