23 - 18 Oct. To William Smyth, warden of Wadham College Oxford

Summary

Sir:

I received your letters the last weeke, and this weeke Mr Harrington hath come to me by petition. Hee pleades not much to mee more then a grant from the Foundress; and that I presume you and the Fellowes would not refuse, if hee could make full proofe of it. Towards the proofe hee desiers to bringe witnesses yet rather for the avoydinge of trouble and chardge hee proposeth whither it will not bee sufficient to bringe the Testimonye of his Witnesses in writinge under a publicke notarys hand? I wish’d him to aske that question of you, whoe was to be satisfied for the Colledge, and of some Lawyers that might satisfye mee. I have bene this daie sollicited about him in Court, and I doe not find as yet that you have done your selves any greate wronge in the business, then by not puttinge him to the Statute sooner But howsoever two things I thinke will nowe be requisite. The one, that either your self or some Fellowe deputed from the Colledge come upp and drawe the Business to an issue. The other that the party which comes for the Colledge may bringe mee the Words of your Foundation which inable mee as Visitour to examine any of the Fellowes upon Oath: and whither they be in that Latitude, that if I may examine a Fellowe upon Oath, I may likewise examine any such Witnesses, as shalbe produc’d though they be not Members of the Colledge. And for the business it selfe I thinke it very reasonable you should leave Mr Harrington with his state unimpeachd untill such tyme as his cause be heard; provided that hee make noe delaye but joine present issue with you to have it determined. I desier you therfore to drawe it to an head as soone as you cann; and I shalbe reddy to laye bye any business that is but my owne to serve your occasions. Soe I leave you and that whole Society to the grace of God, and shall ever rest

Your very Lovinge Frend

Guil: Batho: et Welle:

Westminster. October. 18. 1627.