24 - 30 Oct. To William Smyth, warden of Wadham College Oxford

Summary

Sir:

Mr Huish hath shew’d mee your Charter and your Statutes and I doe not see that there is sufficient power given mee to putt any Man to an Oath, except it be duringe my tyme of my Visitation. And for my generall power as you call it, I shalbe very well advised, howe and where I use it, especially in matter of Oath.

It seemes by your letter that you are indifferent, whither Mr Harrington bringe upp his Wittnesses; or bringe their testimonyes only under a publicke Notaryes hand. In which you deale very worthily with him, to save him soe much trouble and chardge. But then you must consider, whoe shall putt those his witneses to their Oath: or if they have sometymes beene of your foundation, whither you will hould it sufficient that they answeare upon the Oath they have formerlye taken to the Colledge.

I desier likewise to heare from you, whither you will account it a sufficient proof of Mr Harringtons dispensation from your Foundress, if hee procure by sufficient witness, that my Lord of Bathe your then Visitour did signifie by lettters under his hand to the Colledge, that your Foundress had graunted him such a dispensation. For it cannott be well supposed, that your Visitour would write soe to the Colledge, unless your Foundress had given him full and warrantable power soe to doe. If you shall not thinke it sufficient you shall doe well to provide such exceptions against it, as may be legall.

For the tyme I shall leave it to your choice, whither you will pitch upon the first weeke of December next, or the first weeke in January; or what other you and Mr Harrington shall agree upon.

This is all which I cann remember for the present that may any waye concerne the business. If you thinke of any thinge else you shall doe well to make it reddie against the tyme you fixe on. Soe with remembrance of my love to you and the whole Society I leave you to the grace of God, and shall ever rest

Your very Lovinge Frend

Guil: Batho: et Welle:

Westminster. October. 30. 1627.