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A39731 An Impartial relation of the whole proceedings against St. Mary Magdalen Colledge in Oxon, in the year of our Lord 1687 containing only matters of fact as they occurred. Fairfax, Henry, 1634-1702.; Fairfax, Henry, 1634-1702.; Aldworth, Charles, 1648 or 9-1720.; Hough, John, 1651-1743.; Bagshaw, Francis, b. 1653 or 4. 1688 (1688) Wing F124; ESTC R25079 42,768 47

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Colledge or Hall in the Universities from the first foundation of them to this day or any other Ecclesiastical Corporation for the Abuses of some Constitutions or Franchises in them and the Misdemeanours of particular Persons will not destroy a Colledge And if the Corporation of a Colledge should be dissolv'd the Revenues thereof will return to the Founders Heirs and not divolve to the Crown And if our Colledge must be the first Example of that kind we shall be better justified by the strict Observation of our Statutes at least to God and our own Consciences than we could have been by a voluntary and deliberate Breach of them It was Loyalty and Conscience that in the Reign of King Charles the First made thirty four of our forty Fellows and most of the Scholars of our Foundation rather quit their Places and embrace Misery and Ruine than to submit to the Government of the Usurpers of the Crown And in Monmouth's Rebellion the same Inducements prevailed on us to raise a Company at our own charges under the command of one of our Fellows to engage against him And we hope that these and many other the like instances which may be given of the Loyalty and Zeal of our Society to the Royal Family will be received as Evidences thereof and that our good and gracious Soveraign will not exclude us from that Liberty of Conscience which he was pleas'd to extend to all his Subjects SIR I am Your most Affectionate Servant Some QUERIES sent to the Fellows of Magdalen Colledge from Windsor September 15. 1687. First WHether waving your Election of the Bishop of Oxon you cannot without violence to your Conscience signifie to his Majesty or the above Reverend Bishop your willingness to admit the Lord Bishop President of your Colledge Secondly Whether it be not more Interest to the Protestant Religion to have a suspected Popish President than to have all the places of the Colledge refilled by the Kings sole Authority with Popish Novices and Priests Thirdly Whether you are not under a mistake in thinking you should render your selves more acceptable to the Protestant Nobility and Gentry by your being turned out of your Fellowships by Injustice and Violence as you conceive or rather will not they be very cautious how they receive you into their Families for fear of giving of Offence Fourthly Whether his Majesty as Supream Visitor of the University cannot place or displace there ad libitum or whether you have a right notion of the Proceedings which have been practised against you Whether you suppose that the Lords Commissioners proceeded against you as Lords Commissioners or Visitors Which Notion I am sure will overthrow some bodies Plea and Exception against their Authority Fifthly Whether you acted like men skilled in business when you refused Mr. Pen's Mediation who you may be sure had good Authority for what he did You could not but know that man and therefore must needs be fore-armed against any Wiles that could be offered to you Whether an unanimous Subscription for an Expedient which indeed I think you ought not to refuse in good manners since the King was pleased to propose it presented to his Majesty by Mr. Pen or another Favourite would prevent the destruction of the best Foundation in Europe Lastly Whether you be not drawn beyond your Knowledge by some hot-headed Advisers which never consider the present state of his Majesty's Court of Justice An Answer to several Queries to the Vice President and Fellows of Magdalen Colledge in Oxon sent from Windsor dated the 25th of September 1687. To the First WE cannot without violence to our Consciences and deliberate Perjury admit any person to be President of our Colledge that is not elected thereunto and qualified according to our Statutes whereby the Bishop of Oxon is in no sort capable nor is there any Memorial in all our Register of any admission of a President without Election but of one Dr. Nicholas Bond whose case was as followeth viz. Upon the death of Dr. Lawrence Humphreys about the 30th or 32th of Queen Elizabeth's Reign the Queen recommended Dr. Bond being a Fellow of our Colledge to be Elected President Many of the Fellows inclin'd in their judgment to Elect one Smith another of the Fellows and at their meeting for Election the Contention was so great that they rose without Electing and the Obstinacy continued till the place became laps'd And there being no provision in our Statutes to direct us what to do in such a Case the Queen by her Letters Patents Constituted the said Dr. Bond to be President and therein declared That her Majesty being inform'd that the Fellows had neglected to make Election of a President in due time as their Statutes required and those Statutes having made no provision for such an Omission She out of her Princely care for the place and indulgence for those persons who had been guilty of that neglect did by advice of the Bishop of Winton their Visitor Constitute Dr. Bond their President with protestation nevertheless that She did not thereby pretend to supersede their Statutes or invade their Right of Election which was thereby invested in them but took this course as the only means left to supply their Defect of Election To the Second We must not make our selves guilty of deliberate Perjury for any considerations whatsoever both in respect to our Consciences and that we may not by such a Breach upon our Statutes expose our Constitution to a Forfeiture nor do Evil that Good may come on it To the Third We conceive we shall be more acceptable to all good men for acting honestly according to our Consciences than for voluntarily and unjustly departing from our Right To the Fourth We pretend not to make it a Question whether his Majesty by his Authority Royal as Supream Visitor can grant a Commission for Visitation of any Colledge that has a Local Visitor by their Statutes and are not Royal Foundations But we are advised that no Commission can be granted under the Great Seal to Visitors to place and dis-place Members of Colledges whose places are Freeholds ad libitum or discretum but they must proceed according to legal discretion that is by the Laws and Statutes of the Land and the Local Statutes of the Colledge And places concern'd for the Headships and Fellowships of Colledges are Temporal Possessions and cannot be impeach'd by Summary Proceedings One Dr. Thomas Loveney President of our Colledge was deprived in Queen Elizabeth's time by the Bishop of Winton the Legal Visitor thereof Establish'd by Royal Authority and he appeal'd to the Queen but by the advice of all the Judges it was held that the Queen by her Authority as Supream Visitor could not meddle in it but he must bring Westminster-Hall because Deprivation was a Cause meerly temporal The King has a great Authority Spiritual as well as Temporal but no Commissioners can be authorized by the Crown to proceed in any Commission under the Great Seal or otherwise but according to Law in Spiritual Causes by
nor can be a President so long as I live and obey the Statutes of the Colledge and therefore I do not think fit to give up my Right the Keys and Lodgings Bish Ch. We may demand them of you as Visitors Pr. My Lords we never deliver up the Keys to the Bishop of Winton and we own no greater Visitatorial Power than his he hath the King's Authority 'T is by Verttue of a Royal Charter that we live together and enjoy the benefit of this Place that impower'd our Founder to give us a Rule and obliged us by Oath to act suitable unto it and the Bishop of Winton is hereby constituted to be our Visitor and all this we own from the King's Authority The Bishop of Winton is our ordinary Visitor the King I presume our extraordinary But your Lordships know it hath been controversed Whether the King can visit a private Colledge or not The Authority of the President is made by delivering up the Statute-Book and Keys and therefore I look upon them as an essential Badge of my Office. But I humbly beg that I may ask your Lordships one Question Your Lordship is pleased to demand of me to give up these things Does your Lordship own my Right For if not which is it your Lordships would have me give up Bish Ch. No we look upon you as an Intruder Pr. If I am an Intruder the Bishop of Winton made me one and I thank God for it My Lords the time we have been allowed for this appearance has been very short but one day betwixt it and the Citation We are men ignorant in the Laws and I must confess it of my self in particular that I have endeavoured to give your Lordships a plain and satisfactory Reply to such Questions as your Lordships have been pleased to put to me It is very probable that through ignorance and inadvertency I may express my self unwarily If so I beseech your Lordship let no advantage be taken of it my intention has been always to express my self with all imaginable Duty to the King and Respects to your Lordships If I have done otherwise I beseech your Lordships Candor in a favourable Interpretation of what I said that nothing may be taken amiss where all was dutifully intended And now my Lords thus far have I appear'd before you as Judges I now address to you as Men of Honour and Gentlemen I beseech you to represent me as dutiful to His Majesty to the last Degree as I always will be so far as my Conscience permits me to the last moment of my Life and when I am dispossest here I hope your Lordships will interceed that I may no longer lie under His Majesty's Displeasure or be frown'd upon by my Prince which is the greatest Affliction can befall me Upon this the President was ordered to withdraw and after a little time he and the Fellows were called in again Then the Bishop repeated this Question Bish Ch. Dr. Hough Will you deliver up the Keys and quiet possession of the Lodgings to the Person whom His Majesty has appointed President To which no Answer was return'd The Bishop repeated a Second time Pr. My Lords I have neither seen nor heard any thing to induce me to it Bish Ch. Dr. Hough Will you deliver up the Keys and quiet possession of the Lodgings to the Person whom His Majesty has appointed President Whereupon the King's Proctor stood up and accused Dr. Hough of Countumacy then the Bishop of Chester admonish'd him in these Words three times Bish Ch. Dr. Hough I admonish you to depart peaceably out of the Lodgings and to Act no longer as President or pretended President of this Colledge Which being so done they struck his Name out of the Book and admonish'd the Fellows and others of the Society that they should no longer submit to his Authority SATURDAY October 22d 1687. OXON Dr. Fairfax's CASE before the Commissioners AT the first Sessions Doctor Fairfax purposely absented himself but Mr. Atterbury making Affidavit he was in Town and that he advised him to appear the Doctor accordingly did so the next day The Doctor being called in alone and the Doors immediately shut he begg'd of their Lordships some Company might be let in because as all had observed the Bishop in his Speech at the opening their Commission promised to transact every thing in the face of the World. The Bishop complained of the Crowd The Doctor then desired to fetch in but Two or Three at length but One and him at the Door viz. The Colledge Steward a Publick Notary Bar. Jen. You must not think to prescribe to the Court. Bish Ch. What 's the Cause of your Contempt in not appearing at either Sessions yesterday Dr. Fair. No Contempt my Lord but for these ensuing Reasons First I thought my Suspension above had eased me of that trouble The Doctor tendring a Copy of it which was read by the Commissioners The Doctor insisted very much on the Reason● their Lordships at White-Hall gave for his Suspension viz For not obeying His Majesty in Electing Mr. Farmer he tendring a Copy of Articles made good against him and yet their Lordships ordered his Suspension to be fix'd on the Colledge-Gates five days after that famous Hearing Second Reason for his Non-appearance that upon the first day of the ensuing Term he intended to meet the Lord Chief Justice at his Court of King's-Bench for relief against the Sentence his Fellowship being a Free-hold witness Coveny's Case Bish Ch. You will find but little Favour there Dr. Fair. My Lord in Courts of Judicature I only expect Justice and turning to the Lord Chief Justice I have my self said he been above four years in all the Courts of Westminster-Hall and found excellent Justice and I will see how it is now L. Ch. Just You shall have Justice Dr. Fair. But your Lordship may save me the labour of two Journeys and my Charges by improving your Lordship's deserved Interest with my Lords Commissioners there and get them now to take off my Suspension It is ill travelling at this time of year and besides I am not rich Bar. Jen. To sue in Westminster-Hall requires a Purse Dr. Fair. My Lord I did not say I was poor L. Ch. Just You must make your Supplication and Submission to the King. Dr. Fair. My Lord they tell me that this business lyes in your Lordship's Court and only there besides the trouble I am otherwise to give your Lordship What a noise will the cause make that Dr. Fairfax is suspended for this very reason viz. not obeying the King in Electing Anthony Farmer such a Virtuoso and under correction your Lordships are obliged to take off my Suspension to take off the shame from that Body whose number by a Common Adjunct you your selves have lately increas'd Bar. Jen. We must not endure these Reflections on the Court. Bish But will you submit to this Visitation Then Dr. Fairfax read a Paper subscribed by him