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and his wishes to one, and only one, ob- CHAP. ject; namely, that the power of electing and appointing their own president from 1640. their own body, according to the following design of the house of commons of Ireland in one thousand six hundred and forty, should be vested by act of parliament in the fellows of the university of Dublin, conformable to the design of their foundress, to the advice of archbishop Usher, to the benevolent and munificent design of queen Elizabeth, and according to the terms of their original charter.
The State of the Case of the College of Dub
lin for so much as it hath been reported to the House for the Grievances thereof.
Queen ELIZABETH, by a charter dated the thirty-fourth year of her reign, in these words, pro ea cura quam de juventute regni nostri Hibernia pie et liberaliter erudienda fingularem babemus, &c. on the supplication
CH A P. made by Henry Usher *, in the name of the w on citizens of Dublin, did erect and found the 1640.
college near Dublin to be a college and university, per nomen præpofiti, fociorum, & Scholarium collegii Sanctæ Trinitatis, regina Elizabethue juxta Dublin.
And, among other things, gave them power by that charter of electing their provoft when voidances should happen of that place; and also power of making laws and statutes for the better government of that college, to be made by the provost and fellows of that college.
And likewise appointed them thereby vifitors, viz. the chancellor or vice chancellor of the university, the archbishop of Dublin, the bishop of Meath, the vice treasurer, the treasurer at war, the lord chief justice of his majesty's court of Chief Place, and the mayor of Dublin.
Statutes were antiently made, whereby CHAP.
ini. the elections and the whole government and were reposed in the provost and seven se- 10,40. nior fellows; and thereby also, among other things, the provost and fellows were to take an oath, when they, or any of them, were called to any of their places; and by the said statutes the natives of the kingdom were directed to be preferred to scholars places, and to fellowships in that college, before any other the subjects of his majesty's dominions, cæteris paribus..
About August one thousand six hundred and thirty-four Mr. Chappell became provost, and continued provost unsworn until Trinity term one thousand fix hundred and thirty-seven.
About May 13, Caroli regis, a charter was procured to the provoft, fellows, and scholars, of the said college, by which charter, the ancient charter seemed to be confirmed in part.
CHAP. But the nomination or donation of the
o provoftship thereby was reserved or resumed 1640. to his majesty. .
The statutes formerly in force by that charter were annulled, and statutes annexed to the late charter, which were signed with the hand of the archbishop of Canterbury*; and thereby it was farther commanded that these new statutes, and none others, should be observed, unless his majesty should be pleased to add to them, or to change them, as to his majesty might seem meet.
And by the said charter it was ordained, that the chancellor, or, in his absence, the vice chancellor, and the archbishop of Dublin, should be hereafter the visitors: all which alterations, among others, were made as the charter faith, cum assensu præpofiti, fociorum, & fcholiarium; and yet there appeareth but two of the fellows, viz. William Newman and Robert Conway, that consented to that act and deed; so that those * Archbishop Laud.
two, two, together with the provost, seem the CHAP.
III. only persons of the college that wrought that change, and by their consent would 1640. bind the whole college.
And yet those two fellows, as if by the visitors, at a visitation, held the 20th of July one thousand six hundred and thirty-fix, were deprived of their fellowships.
By the late statutes it also appeareth, that the provost should not hold a bishopric while he continued provost; and that the natives ought to be preferred, as they were to be by the former statutes.
Upon acceptance of the late charter and statutes, the provost on Trinity Monday one thousand six hundred and thirty-seven, took his oath to the new statutes ; which oath, during the continuance of the former statutes, he would not take.
The provost before and after the new ftatutes, and his oath taken, put back the