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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

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

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

Dated October the 22d in these words My Lords I have been Summon'd and appeared in this Cause before the Lords Ecclesiastical at White-Hall with whom your Lordships are now joyn'd in Commission and then gave in my Answer I have nothing to add to it and find no reason to retract it Henry Fairfax Bish Will you admit of the Bishop of Oxford Dr. Fairf I am Suspended Bish Have you done no Collegiate-Act since your Suspension Dr. Fairf My Lord I have gone into the Hall and laid in my Chamber I did not think their Lordships when they suspended me ever intended that I should not eat drink or sleep Bish If your Suspension was off would you submit to the Bishop of Oxford Dr. Fairf Truly my Lord I cannot do it Then all the Fellows were called into Court. The President being withdrawn the Bishop put the Question to all the Fellows viz. Whether they would assist at the Admission of the Bishop of Oxford to be installed President by vertue of the King's Mandate To which was answered by all the Fellows to this effect except Dr. Pudsey and Dr. Tho. Smith who answered doubtfully and Chernock that he would assist That they were under Oaths to the contrary and therefore could not do it Then all were ordered to withdraw and Dr. Pudsey being called in alone they asked him concerning the Manner and Form of Installing a President which he instructed them in The Court Adjourn'd till Two in the Afternoon AS soon as they met a Letter from the E. of Sunderland to Dr. Pudsey was read dated the 2d of August signifying That the Society in answer to his Majesty's Letter commanding them to admit the Bishop of Oxford agreed unanimously in this Answer That the place was full Their Lordships were pleased to ask the Fellows singly Whether that was their Answer And as many as were there owned that it was During this Examination the President came into Court and having waited until it was ended and their Lordships at a Pause he made his Application to them My Lords if your Lordships please to give me leave I would gladly speak a few words They were all pleased to put off their Hats and say he might Whereupon he said My Lords you were pleased this Morning in pursuance to a Decree of the Lords Commissioners at London to deprive me of my place of President of this Colledge and to strike my Name out of the Buttery-book I do hereby protest against all your Proceedings and against all that you have done or hereafter shall do in prejudice of me and my Right as Illegal Unjust and Null and therefore I appeal to my Soveraign Lord the King in his Courts of Justice Upon which the Strangers and young Scholars in the Room gave a HVM which so much incensed their Lordships that notwithstanding all the Protestations the President and Fellows could make the President in particular offering to purge himself by Oath that he was no way accessary to or abetting of it and declared that he was heartily ashamed and troubled at it yet the L.C.J. was not to be pacified but charging it upon the President bound him in a Bond of 1000 l. and Security to the like value to make his Appearance at the Kings-Bench-Bar the 12th of Nov. After this was read the Answer the Fellows returned to his Majesty upon his Command to them upon the 4th of Sept. to elect the Bishop of Oxford the Answer was under the hand of a publick Notary subscribed by all the Fellows then present except Mr. Chernock The Bishop of Chester was pleased to charge the Fellows of Unmannerliness for sending such an Answer to their Prince after such a manner So they Adjourned till Tuesday the 25th at Eight in the Morning TUESDAY the 25th of October WHen the Court met Dr. Stafford offered a Paper in answer to what was objected on Friday that a Mandate implied an Inhibition which their Lordships having perused would not suffer to be read publickly but askt the Fellows whether they would sign it bidding them to do it at their peril Then the Fellows had leave to withdraw into the Hall and not being satisfied that it was necessary to sign a Plea which their Lordships refused to have argued they returned the Paper into the Court subscribed only by Dr. Fairfax and Dr. Stafford The latter after some debate desired to withdraw but Dr. Fairfax stood to it A Copy of Dr. Stafford's and Dr. Fairfax's PLEA To the Right Reverend and Right Honourable his Majesty's Commissioners for the Visiting of St. Mary Magdalen Colledge in Oxford May it please your Lordships ON Friday last in the afternoon you seem'd to insist very much on this viz. That his Majesty in commanding the Fellows of the said Colledge to Elect Mr. Farmer President did thereby inhibit them to Elect any other Person whatsoever which has not yet been made appear to be Law either out of the Books of Civil Canon or Common Law. Neither is it agreeable to Reason that a Command to Elect a Person uncapable should include in it an Obligation not to Elect a Person capable that being a kind of contradiction in ternimis Yet this being granted it cannot in the least affect the said Fellows or invalidate their Election of Dr. Hough notwithstanding his Majesties Mandate in behalf of Mr. Farmer who being incapable of the place the Fellows cannot be said to be guilty of any Disobedience or Disloyalty in proceeding to the Election of another Person who was quallified according to Statute being forced to make an Election For they are oblig'd by the Statutes of their Colledge when call'd together to Elect a President or any Officer under pain of perpetual Expulsion from the Colledge to meet and make an Election which punishment they incur ipso facto who either refuse to meet when so call'd or being met to nominate or elect a person into the Office void as appears by the Statutes of the said Colledge Titulo de numero Scholdrium electione Praesidentis Now according to the Founders direction in the said Statute on the 15th of April last the Fellows were call'd together by the Vice-President to Elect a President in the place of Dr. Clark deceas'd and the Oath desired to be taken before the Election was administred by the Vice-President to them whereby they are oblig'd to nominate and elect a person that either is or has been Fellow of Magdalen Colledge or New Colledge in Oxon which Oath when the Fellows had taken it was not in their power to elect Mr. Farmer and yet they were then oblig'd to make an Election under pain of perpetual a motion from the Colledge as appears by the forecited Statute And it cannot be imagin'd that his most Sacred Majesty did expect that the Fellows should be either perjur'd or forfeit their Right to their Fellowships rather than disobey his Command his Majesty having most graciously declar'd that Conscience ought not to be forced and that none of

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