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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 the Canon Law in Temporal by the other Laws and Statutes of the Land. And wherein the proceedings in some Commissions are directed to be summarie de plano c. those words are to be applied to shorten the Forms of Process and not for matter of Judgment for Magna Charta provides for our Spiritual Liberties as well as our Temporal AN Account of the VISITATION OF St Mary Magdalen Colledge in Oxon. ON Oct. 19th Mr. Atterbury the King's Messenger fix'd a Citation on the Colledge and Chappel-Doors requiring the Pretended President and Fellows and other Members of the Colledge to appear before the Lords Commissioners Bishop of Chester Lord Chief Justice Wright and Mr. Barron Jenner in the Chappel at Nine of the Clock on Friday-morning November 21st On Thursday the Lords Commissioners came to Oxon attended with three Troops of Horse which Quarter there On Friday Morning at Nine they went into the Chappel the President and Fellows thinking they had design'd to fit in the Quire made no preparation of Seats in the outward Chappel upon which their Lordships adjourned to the Hall where their Commission was then read which in general was the same with the former These three being added to the other Lords Commissioners and particularly impowred to visit Magdalen Colledge only This done the Names of the President and Fellows were called over Dr. Hough being first called All in Town appeared except Dr. Fairfax and excuses were made for the absent Then a Speech was made by the Bishop of Chester and in it his Lordship was Severe against Disloyalty and Disobedience He urg'd that the Church of England taught an unconditionate and unlimited Obedience He spake of the Kings Gracious Promises to Arch-Bishops and Bishops c. which had deserved thanks on bended Knees notwithstanding the Oxon Reasons to the contrary which they knew best who was the Authour thereof He told them that it could not be expected but that the King would give all incouragement to those of his own Religion which could be done without severity and cruelty which His Majesty abhorr'd and without injuring the Church of England which was at present establish'd by Law He told them that this Corporation as well as others were the Creatures of the Crown and that it was insolence in their Local Statutes to spurn against their Maker That their Distempers had brought this Visitation upon them the Consequences of which might be ill to the Church and Universities That however they might escape in this World these Sins were to be accounted for above their other Sins in the next He Exhorted them by the Bowels of Christ to consider these things He told them that the Eyes of the World were upon them and they ought to take care that their Practices might not influence their deluded admirers In short the whole design of the Speech seem'd to be promises and threats to aime at the inducing them to a complyance The Court was then Adjourned till Two in the Afternoon In the Afternoon were called over the Names of the Demoys Chaplins Clerks Choristers and Colledge Servants The President then interpos'd desiring leave to speak before they proceeded any further which being granted he told their Lordships That President THE time betwixt your Citation and Appearance was so short that the Society had not time to advise with the Council how to behave themselves on this Occasion Therefore desired of your Lordships a Copy of the Commission and time to consider of it Bishop Ch. 'T is upon Record you may have it above Pr. Is it the same the other Lords Commissioners had Bish Ch. Yes for the most part it is Pr. Then my Lord I do assure you and will make Oath if you please that I have often endeavoured to get a Copy of it and could not procure it L. C. J. Have you not heard it Read or will you hear it again Pr. I am not capable of making a Judgment of it my self but it is possible there may be Errours and Defects in 't such as the Society may make use of to their own advantage and I am confident it is neither his Majesties intention nor your Lordships we should be debar'd from it A Copy was then denyed Bish Ch. Dr. Hough will you submit to this Visitation Pr. My Lords I do declare here in the name of my self and the greater part of the Fellows that we submit to the Visitation as far as it is consistent with the Laws of the Land and the Statutes of the Colledge and no further I desire your Lordships that it may be Recorded This was twice Repeated L. C. J. You cannot imagine that we Act contrary to the Laws of the Land and as to the Statutes the King has dispensed with them Do you think we come here to act against Laws Pr. It does not become me my Lords to say so but I 'le be plain with your Lordships I find that your Commission gives you Authority to change and alter the Statutes and make new ones as you think fit Now my Lords we have an Oath not only to observe these Statutes laying his hand on the Book but to admit of no new ones or alterations in these This must be my behaviour here I must admit of no alteration from it and by the Grace of God never will. Bish Ch. Do you observe all these Statutes Pr. Yes my Lord I hope we do Bish Ch. You have a Statute there for Mass why don't you read Mass Pr. My Lord the matter of this Oath is unlawful and in such a case no man is oblig'd to observe an Oath Besides the Statute is taken away by the Laws of the Land. Bish Ch. By what Law Dr. Stafford By that which obliges to say Common-Prayer Bish Ch. What the Act of Uniformity I have often considered it and don 't remember one word of Mass in it Dr. Staff. But that obliges us to use the Liturgy of the Church of England in all Collegiate Churches and Chappels And I hope my Lords you do not imagine that we can say Common-Prayer and Mass together Bish Ch. Do you allow that Act of Parliament can free you from the obligation of a Statute Pr. I do not say but that his Majesty may alter our Statutes nor do I know but a Parliament may do the same I dispute not their Power onely this my Lord I say that I who already have taken an Oath to observe these Statutes as they now stand and am sworn not to admit of any change or alteration by any Authority whatsoever And then turning to the Oath where they were to observe these Statutes and no other according to the Literal and Grammatical sence c. and reading it to their Lordships can obey none But then those who come after such Limitations and Restrictions are made are not oblig'd to observe 'em and that my Lords is our Case as to the

Statutes of the Mass Then the Decree of the 22d of June was read declaring the President 's Election Null and Void Bish Ch. Did you know of this Commission c. Pr. Yes my Lord I have heard of it Bish Ch. Why then did you not obey it Pr. I was never Cited before their Lordships nor was either heard by them in Person or Proxy and I think I am the onely instance that is extant of any man that was ever depriv'd of a Free-hold wherein he was legally invested and of which he was quietly possess'd without being Summon'd or Heard Here mention was made of Dr. Fairfax's Suspension Pr. My Lord He is absent and if your Lordships give me leave I have somewhat to say on his account your Lordships may please to observe in that Decree that the reason given why Dr. Fairfax was Suspended from his Fellowship was because he had not obeyed his Majesty's Command in not Electing Mr. Anthony Farmer President of the Colledge Now the Charge of Immorality given in against Mr. Farmer by the Colledge Delegates was made out and their Lordships fully satisfied in it on the 29th of July notwithstanding which this Decree for Suspension of Dr. Fairfax was fix'd on the Colledge-Gates August 2d Bish Ch. The King hath for the most part recommended to the Presidentship of this Colledge Pr. I am the Twentieth President and onely four of that number hath been recommended by the Kings and Queens of England whereof three were every way qualified for that Office. Bish Ch. Who were those Pr. My Lord there was one in the time of Edward the Sixth one in Queen Elizabeth's and two in the late King's Reign Bish Ch. Was there never a one in King Charles the First 's Reign Pr. Not that we know of Bish Ch. What think you of Dr. Oliver Pr. It doth not appear to us my Lord that he ever had a Mandate Bish Ch. But it appears to us and that I will bring you one to swear that he had a Mandate Pr. The truth is we have lost the Register of Dr. Oliver's Election and Admission the Register betwixt the Year 1640 or thereabouts and 60 being taken away by those who were turn'd out of the Colledge at that time but I believe my Lord we are able to prove that he was Elected and Admitted according to Statute Bish Ch. Was Dr. Clark a Statutable Person Pr. Yes my Lord. Bish Ch. Do not the Statutes require that he should be in Orders was he in Orders Pr. My Lord the Statutes onely require that he should be Doctor of Divinity Physick Law or Master of Arts There is indeed one Statute which says The President or Seniour Fellow should Read Prayers upon such certain Days from whence we conclude that the Founder suppos'd we might have a President that might not be in Orders and in such a case he takes care that the Seniour Fellow should do his Duty Mr. Char. My Lord will you be pleased to ask Dr. Hough whether Dr. Clark was Married or not Pr. No Sir he was a Widdower Then a Petition was read from the Society to his Majesty signed the 9th of April and presented the 10th to the Earl of Sunderland by the hands of Dr. Thomas Smith and Captain Bagshaw wherein 't was set forth that having heard that his Majesty would recommend Mr. Farmer to them a person uncapable they did humbly beseech him either to leave them to a free Election or to recommend a qualified person Bish Ch. Was this the Petition Answer Yes Bish Ch. Why then did you not stay for his Majesty's Answer Pr. My Lord We did till the very last day wherein we are limited to finish the Election and my Lord Sunderland returned in the King's name this Answer That his Majesty expected to be obeyed Now my Lord we did no longer defer the Election because our Statutes enjoyn us within such a time and we staid to the utmost Nor could we chuse the person his Majesty did recommend knowing him to be so unfit as we afterward made him appear to be The Society was therefore to proceed to the Election of another person and did agree on such as you see Bish Ch. A Mandate always implies an Inhibition Pr. My Lord I cannot conceive that Bish Ch. But I can and if you question it here 's the King's Councel ready to argue it Pr. My Lord Whilst the person his Majesty recommends appears duly qualified for the place it seems indeed to imply that we should not proceed to the Election of another but when he is known to be utterly uncapable it seems to be the same as if there were no Letter at all Some other things and questions less material were put and then the Court was Adjourned to Saturday the 22d nine in the morning to the common Room the Hall being as they said too publick and incommodious SATURDAY October 22d 1687. As soon as their Lordships met in the common Room and the Society before them the first word was Withdraw and after a little time the President was called in alone Bish Ch. DO you submit to the Decree of the Commissioners whereby the Election is declared Null Pr. As to that Decree of the Lords above it is a Nullity in its self from the beginning to the end as it relates to me I never having been Cited nor having ever appeared before them either in Person or by Proxy Besides my Cause it self was never before them their Lordships never inquiring or asking one queston concerning the Legality or Statutableness of my Election for which reasons as I am informed that Decree was of no Validity against me according to methods in the Civil Law But if it were I am possessed of a Free-hold according to the Laws of England and the Statutes of the Society having been Elected as Unanimously and with as much Formality as any one of my Predicessors Presidents of this Colledge and afterwards Admitted by the Lord Bishop of VVinton our Visitor as the Statutes of the Colledge require and therefore I can't submit to that Sentence because I think I cannot be depriv'd of my Free-hold but by course of Law at VVestminster-hall or by being some ways incapacitated by the Founder's Statutes Bish Ch. Will you deliver up the Keys of the President 's Office and Lodgings to the use of that Person whom the King has appointed your President as the Statutes require Pr. I will immediately do it if that appear Bish Ch. Turn to that part of the President 's Oath where he promiseth to submit quietly if he shall be Expelled either for his on Fault vel ob aliam Causam Pr. My Lord That Statute onely concerns me if I am Expelled for any fault committed by me Bish Ch. Vel ob aliam causam Pr. Then my Lord to be short here is no cause at all Bish Ch. I ask you again Will you deliver up the Keys to the President whom his Majesty hath appointed Pr. There neither is