The Consistency of the Place of Custos Archivorum
The source for this document is https://quod.lib.umich.edu/e/eebo/A67405.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
Reasons showing the consistency of the place of Custos Archivorum with that of a Savilian Professor.
WHEREAS some objections have been suggested as if the place of Custos Archivorum were inconsistent with that of a Savilian Professor, because of those words Nullum [acceptet] in Vniversitate publicum officium (ut Vicecancellarii, Procuratoris, Clerici Mercatûs, & similium,) sub poena amissionis omnis juris quod in Professione sua praetendere valeat. (Though if it were so, a Savilian Professor were no more incapable of being chosen to that office, then a Fellow of a College to be chosen Head, or presented to a living, which if he accept he must loose his Fellowship.) These Reasons are exhibited to the contrary.
1. That by publicum officium, is not here meant, all public employment in the University whatsoever, is manifest: For if so, then might not the Savilian Professors be ordinary Delegates of Convocation, Delegates for Accounts, for Apeales, for Printing, for surveying Records, for making and reforming Statutes, &c. contrary to the known constant usage of the University.
2. The Statute expressly declaring, what kind of Public Offices it doth intend, (to wit, that of Vice-Chancellor, Proctor, Clerk of the Market, & such as are like these,) is not to be extended beyond such as are there mentioned. Now 'tis manifest, that this is neither one of those three there mentioned, nor yet of like nature with any of them: They being all Offices of Magistracy, and public Government: this only a place of Trust.
3. The Employment of Custos Archivorum, is so far from being one of the Offices intended in that Statute, that 'twas not then in being when that Statute was made: and therefore cannot be reputed one of those there intended; but at the most Casus omissus.
If it be further objected, That though it be not within the letter of the Statute, yet there may be as much reason why the Founder might have forbidden this as some of those which be did forbid, and therefore that it might be thought within the equity of the Statute:
'It is answered; Not only, That we are not to inquire, especially in penal Laws, what might have been forbidden, but what is: or, That & caetera's, and par ratio, are not, in Law, of any great weight for drawing in other crimes beside what are particularly expressed (though in point of favor, they are good grounds for relief in equity, against the rigor of a Law:) or, That penal Laws are to be interpreted in the more favorable sense.
But also, That, in equity, there is much more reason for relief against those particulars which are expressed, than to draw in such as are not: Because the Revenues of the Savilian Professors come much short, not only of what Sir Henry Savil did intend to settle, but even of what he thought he had, and the Statutes do expressly presume to be, actually settled. And therefore no reason to make the prohibition of other employments more strict than he hath made it, but rather more lax.
And upon this account, not only Dr. Bainbrige (though a Professor of Sir Henry Savils own appointment in his life time) continued, with it, his practice of Physic (an employment both of greater gain, and greater diversion, than this of Custos Archivorum) and also a place in Merton College: But also Dr. Turner, before a Committee of Parliament, justified his holding a Fellowship (though in that Statute expressly forbid) together with his Professors place: And Mr. Greaves enjoyed the profits of his Professors place, together with a Fellowship of Merton College. And though these two latter examples, being against the Letter of the Statute, might therefore be thought more disputable; yet in the present case, where no such thing is, there is no reason upon pretense of equity, to make the Statute stricter than it is.
So that neither the letter of the Statute, nor the equity of it, can in reason be interpreted to exclude the place of Savilian Professor, as inconsistent with that of Custos Archivorum.