accident which we thought would have put an end to the controversie Another Person appear'd with a Letter of Nomination from the King of a Date antecedent to that of Popham's And 't was a Person qualified for the Place one Cardonel a French Protestant Naturaliz'd This we thought had been a soft method invented by the Court to supersede Popham's Letter and so let the Controversie fall without nolse But it prov'd otherwise for when this Man 's pretensions came to be known at Court The King sent another Letter to exclude him and to reinforce His former Order for Popham The KING 's Second Letter was this IAMES R. RIght Trusty and Right Welbeloved Cousins and Counsellors and Right Trusty and Welbeloved Counsellors and Trustees We greet you well We did by Our Letter of the 17 th of December last signifie unto you that it was Our Royal Will and Pleasure that Andrew Popham Gent. should be chosen and admitted into the first Pensioner's place in that Our Hospital which should become void and in Our disposal Next after such as had already obtained Our Letters for the like places if any such there were Without tendring any Oaths unto the said Andrew Popham or requiring of him any Subscription Recognition or other Act or Acts in conformity to the Doctrine and Discipline of the Church of England as the same is now established Notwithstanding any Order or Constitution of or in Our said Hospital with which We were and are graciously pleas'd to dispense in this behalf To hold and enjoy the said place with all profits perquisites and advantages thereunto belonging And We do accordingly expect and hereby Require that you forth-with admit him the said Andrew Popham a Pensioner of that Our Hospital in pursuance of this and Our said former Letters And whereas We are informed that Philip de Cardonel had Our Letter dayed the first day of August last past and that he omitted to present the same till the 23. of February last after Andrew Popham's Letter had been presented We do therefore hereby declare Our Will and pleasure to be That the said Andrew Popham have the preference and be immediately admitted into a Pensioner's place in that Our Hospital And so we bid you heartily farewell Given at Our Court at Whitehall the 21 th day of March 1686 7. In the Third Year of Our Reign Here were Two Letters you see already under the Signet And there wanted onely a Broad-Seal that all the Forces of the Dispensing Power might be employ'd in this attack against Charter-house At length a Broad-Seal was sent to compleat and ratify this Dispensation for Popham and a Copy of it left with the Master collated in his presence with the Original They brought also Witnesses along with them to attest the delivery and collation and so left it in the Master's hands These Letters-Patents did not respect Popham onely but several Others also in the University of Cambridge Four or Five there that were dispens'd with for like unqualifications And because the form of one of these new Dispensations is worth seeing I will set down the form of this in general as it relates to them all and particularly all that belongs to Andrew Popham They begun thus JAMES the Second By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom these Presents shall come Greeting Whereas Joshua Basset and Andrew Popam Elected or directed by VS to be elected one of the Almes-men 〈◊〉 in Sutton's Hospital near Smithfield commonly called the Charter-House have humbly besought us that they may respectively have and enjoy the said several and respective Places and Preferments with all the advantages and emoluments to the same respectively belonging Without being obliged to repair to Church or to use the Book of Common-Prayer or to take the Oaths of Allegiance and Supremacy or either of them Or the Sacrament of the Lord's Supper or any Test or making any Declaration or Subscription relating to Religion or doing performing or subscribing any other Act or Acts in Conformity to the Doctrine Discipline or Liturgy of the Church of England And We being well assured of the Loyalty and integrity of the said respective persons and of their fitness to have and enjoy the said respective places and preferments are graciously disposed to grant their said humble suit KNOW YE therefore that WE for the considerations aforesaid and of Our especial Grace certain knowledge and meer motion have given and granted and by these Presents for Vs Our Heirs and Successors do give and grant unto the said Joshua Basset c. and Andrew Popham and to every of them Our Royal Licence and Dispensation to absent themselves respectively from Church Chapel and usual place of Common-Prayers as the same is now used in England and to forbear using or reading the said Prayers or declaring their respective assent or consent to the Contents of the Book of Common-Prayer now used in England and to abstain from and forbear receiving and administring the Sacraments of the Lord's Supper according to the Liturgy or usage of the said Church and from taking the Oaths of Supremacy and Allegiance and from reading and subscribing the Articles of Religion commonly called the Nine and Thirty Articles and from making subscribing and repeating any Declaration Acknowledgement or recognition and from doing any other Act or thing required by or mentioned or contained in one Act of Parliament made in the Thirteenth or Fourteenth Year of the Reign of our late Royal Brother Entituled An Act for the Vniformity of Publick Prayers and Administration of the Sacraments and other Rites and Ceremonies and for establishing the form of making ordaining and Consecrating Bishops Priests and Deacons in the Church of England mentioned or contained in another Act of Parliament made in the Five and Twentieth Year of the Reign of our said late Brother Entituled An Act for preventing dangers which may happen from Popish Recusants And from doing declaring and subscribing all and every such other Act and Acts thing and things in conformity to the Doctrine Discipline and Liturgy of the Church of England as the said Joshua Basset and Andrew Popham or any of them by reason of their or any of their being admitted into or having or enjoying the said respective promotions and places are is or shall be by the Laws and Statutes of this our Realm of England or by any Statute Constitution or custom of our said Vniversity of Cambridge or of the Colledges or Hospital heretofore mentioned AND OUR PLEASURE ALSO IS and we hereby require enjoyn and Command the Governours of the Lands Possessions Revenues and goods of the Hospital of King James founded in Charter-House within the County of Middlesex at the humble Petition and only cost and charges of Thomas Sutton Esquire Now and for the time being and all other persons whom it may concern that they and every of them in their respective places do Act
and perform all and whatsoever is or ought to be acted done and performed by them respectively for the Electing admitting and establishing the said Andrew Popham to be one of the poor men in the said Hospital and to have and enjoy all the Profits benefits and advantages to any poor man in the said Hospital belonging Notwithstanding that the said Andrew Popham hath not taken or shall omit neglect or refuse to take the Oaths of Supremacy and Allegiance or either of them Or hath not done or performed or shall omit neglect or refuse to do or perform what by the said Acts of Parliament or any of them or by one other Act of Parliament made in the Third or Fourth Year of the Reign of our late Royal Grandfather King James over England c. Entituled An Act for the establishing and confirming of the Foundation of the Hospital of King Iames founded in Charter-House in the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire and of the Possessions thereof Or by any Statute Law Constitution or Custom of the said Hospital he is enjoyned or required to do or perform as if he had fully and effectually done or performed the same AND do hereby further for Vs our Heirs and Successors authorize and impower the said Joshua Basset and Andrew Popham to accept hold and continue in the said respective Promotions and Places with all the rights profits powers priviledges authorities and advantages whatsoever to the same respectively belonging without incurring any pain penalty loss disability or censure whatsoever and also to travel to the Cities of London and Westminster and to come remain and be in our Presence or in the presence of Our Royal Consort the Queen or of Katharine Queen Dowager of England or in Our Court or in the Court or House where We or They are or shall be or reside although the said Joshua Basset and Andrew Popham have not or any of them hath not done or performed or shall at any time or times hereafter omit neglect or refuse to do or perform any thing or things enjoyned required or enacted to be done or performed by the said Acts of Parliament or either of them or in or by any other Act or Acts of Parliament made in the Thirtieth Year of the Reign of our said late Royal Brother King Charles the Second or in the first fifth thirteenth three and twentieth seven and twentieth nine and twentieth and five and thirtieth Years of the Reign of the late Queen Elizabeth or in the first or third Years of the Reign of Our late Royal Grandfather King James over England c. Or in or by any Statute Constitution or Custome of or in the Vniversity of Cambridge or of the Respective Colledges and Hospital aforesaid or any of them and although the said Joshua Basset and Andrew Popham or any of them have or hath committed or done or shall commit or do any thing or things contrary unto any of the said Acts of Parliament or any or either of them or contrary unto any clause article or thing in them or any of them contained or contrary unto any Statute Constitution or Custome of or in the said Vniversity of Cambridge or of the several and respective Colledges and Hospital aforesaid or any of them AND to the end that this Our Royal Licence Dispensation and Grant may have its due effect We do hereby of Our further especial Grace certain knowledge and meer motion pardon remit exonerate and discharge the said Joshua Basset and Andrew Popham of and from all Treasons misprisions of Treason crimes offences pains penalties suspensions deprivations sentences censures forfeitures and disabilities by them or any of them incurred or to be incurred or whereunto they or any of them now are is or hereafter may be liable for or by reason of their or any of their having acted done or committed any thing or things contrary to the said Acts or any of them or for that they or any of them have or hath omitted neglected or refused or shall at any time hereafter omit neglect or refuse to do execute or perform any thing or things enjoyned or required to be done executed or performed in or by the said Acts of Parliament or any of them or in or by the Statutes Constitutions or Customes of the Vniversity of Cambridge or of the respective Colledges or Hospital aforesaid or any of them hereby enjoyning and requiring all and singular Courts and Iudges as well Ecclesiastical as Civil to supersede and forbear at all times hereafter all prosecutions and proceedings whatsoever against the said Joshua Basset and Andrew Popham or any of them for or by reason of any matter or thing hereby dispensed with licensed or remitted AND our pleasure is and we do hereby of Our more abundant grace certain knowledge and meer motion grant and declare that these Presents shall be in and by all things firm valid and effectual in the Law and shall be available for the purposes aforesaid notwithstanding the said Acts of Parliament or any of them or any the Statutes Constitutions or Customes of the said Vniversity of Cambridge or of the Colledges or Hospital aforesaid or any of them AND notwithstanding the not reciting or mentioning or not sufficiently or particularly reciting or mentioning or misreciting the Statutes Constitutions or Customes of the said Vniversity Colledges or Hospital aforesaid or any of them or the Titles or Contents thereof AND notwithstanding that the said Joshua Basset and Andrew Popham or any of them is are or at any time hereafter shall be a convict Recusant or convict Recusants And notwithstanding any misnomer misrecital or other defect or Imperfection in these Presents and any Act Ordinance Provision Proclamation Disability or Restriction to the contrary thereof in any wise notwithstanding IN WITNESS whereof we have caused these Our Letters to be made Patents WITNESS Our Self at Westminster the Fourth day of March in the Third Year of Our Reign There was a great mistake committed in these Letters Patents and in a part that requir'd the greatest care The Act of Parliament that should have been dispens'd with in behalf of Popham was 3 Caroli Whereas the Patents refer to and dispence with one in the 3 d. or 4 th Year of King Iames. The Governours were made sensible of this but they would not lay any stress upon a Circumstance when the substance was faulty and therefore took no notice of it This is the summ and substance of the Letters Patents MANDATORY and DISPENSATORY And as to the Case of Popham in vertue of that clause where the Governours of Sutton's Hospital and all other persons concerned are required to act and perform whatsoever ought to be done and performed by them respectively for the Electing admitting and establishing the said Andrew Popham in the said Hospital In vertue I say of this clause they demanded present admission of the Master Admissions being made by
A RELATION OF THE PROCEEDINGS AT Charter-House Upon Occasion of King JAMES the II. His presenting a PAPIST To be admitted into that HOSPITAL In Vertue of His Letters Dispensatory LONDON Printed for Walter Kettilby at the Bishop's-Head in St. Paul's Church-Yard M DCLXXXIX A RELATION OF THE PROCEEDINGS AT Charter-House c. THE late Usurpation upon the Laws of England by a Dispensing Power was so remarkable and singular that every instance of it ought to be recorded to posterity They begun very early with M r Sutton's Hospital commonly called the Charter-house and the King sent a Papist to be admitted Pensioner or poor Brother there contrary to all rules of that Foundation But he came accordingly armed with a Royal Dispensation both as to his Conformity to the Church of England and as to the Oaths of Allegiance and Supremacy Which they are bound to take at their admission into that place The Governours of the Hospital Persons of the greatest quality shewed themselves Faithful Trustees to M r Sutton upon that occasion And tho' they had no precedent at that time to follow made a vigorous resistance to this encroaching power Whereby they did good Service also to the Publick in that low station of a private Hospital As sometimes a little Frontier Garrison well defended gives a check to a great Army and a good example to the rest of the Countrey to stand stoutly upon their defence The KING's Letter was as followeth IAMES R. RIght Trusty and Right Welbeloved Cousins and Counsellors and Right Trusty and Welbeloved Counsellors and Trustees WE greet you well Humble suit having been made unto US in the behalf of Andrew Popham Gent. that in regard of his Loyalty and Sufferings and the necessitous condition he is thereby reduc'd unto WE would bestow upon him the place of one of Our Pensioners in the Hospital of the Charter-house which request WE are graciously pleased to condescend unto Our Will and Pleasure therefore is that you choose and admit him the said Andrew Popham into the first Pensioners place in that Our Hospital that shall become void and in Our disposal Next after such as have already obtained our Letters for the like places if any such be Without Tendring any Oath or Oaths unto the said Andrew Popham or requiring of him any Subscription Recognition or other Act or Acts in conformity to the Doctrine and Discipline of the Church of England as the same is now established And notwithstanding any Statute Order or Constitution of or in the said Hospital with which we are graciously disposed to Dispense in this behalf To hold and enjoy the said place with all profits perquisites and advantages thereunto belonging And so We bid you heartily farewel Given at Our Court at Whitehal the 17 th day of December 1686. in the Second Year of Our Reign This Letter was not delivered to the Master of the Hospital but to the Register at his house in the City Who thereupon did not come to acquaint the Master with the contents of it but sent this Andrew Popham to him to be admitted with a Certificate under his hand in the usual form as for an Admission of course Giving the Master no Notice that he was a Papist on that the King had dispens'd with his taking the Oaths and with his Religion The Certificate was This. These are to Certifie That Andrew Popham is to be admitted a Pensioner into this Hospital upon the Nomination of the King's Majesty And that his Place is now fallen 20 Decemb. 1686. W. L. Regist. Popham came to the Master with this Certificate and desir'd to be admitted The Master askt him where his Letter of Nomination was and to whom it was directed He said it was directed to the Governors of the Hospital and he had left it in the Register's hands If it was directed to the Governors the Master told him it must be deliver'd to them before he could act upon it And so telling him when there would be a meeting of the Governors dismist him without admission The day appointed for the meeting of the Governors was the Munday after Twelve-tide but there did not come a full number at that time so they could not act But on the 17 th following there was a full Assembly and Popham was present and his business heard The King's Letter being read to the Governors My Lord Chancellor Ieffrys presently mov'd that they should immediately without any debate proceed to vote Whether Andrew Popham should be admitted or no according to the King's Letter And 't was put upon the Master as Junior to vote first But the Master told them he thought it was his duty to acquaint their Lordships with the state and constitution of the Hospital before they proceeded to a Vote This was opposed by some but after a little debate the Master was heard Who thereupon acquainted their Lordships That to admit a Pensioner into that Hospital without taking the Oaths of Allegiance and Supremacy was not only contrary to the Constitutions of the House but also to an Act of Parliament provided in that case namely to the Charter-House Act 3. Car. In which it is declar'd and order'd in express terms that no Person Governour Officer nor Pensioner shall be admitted into this Hospital till they have taken the Oaths of Allegiance and Supremacy When the Master had said this One Governour answer'd What is this to the purpose To whom the late Duke of Ormond reply'd He thought it was very much to the purpose For an Act of Parliament was not so slight a thing but that it deserv'd to be consider'd Hereupon after some discourse the Question was put again Whether Andrew Popham should be admitted or no and it was carried in the Negative This I think was the first Stand that was made against the Dispensing Power by any Society in England After which followed the opposition it met with at the University of Cambridge and at Magdalen Colledge in Oxford The Governours of Charter-House had a fresh Example in sight of a tame resignation to that Dispensing Power in an Instance where both the honour of the Church and many Acts of Parliament were concern'd But that had no other effect upon them than to make them think it the more necessary to stand in the breach that was already made and to stop the progress of that Torrent which was in a fair way at that time to over-run the Nation They intended to have return'd an Answer in Writing forthwith to the King's Letter But as soon as that Vote was past my Lord Chancellor flung away and some others followed him so that there was not a Number left to act as an Assembly or to do any more business at that time My Lord of Canterbury attempted several times afterwards to have another Assembly that this Letter might be writ to the King but could not get a full Number together till Midsummer following While the business was hanging thus there happen'd an
his Order But he told them the business was now depending before the Governours in a Body and therefore no single Governour could act separately in it My Lord of Canterbury as I told you call'd an Assembly of the Governours several times but without success Some coming and some staying away so as the number still fell short till Midsummer day came which being a stated Assembly there were Nine Governours present Then the King 's Second Letter and these Letters Patents were read and considered And thereupon a Letter was drawn up to give reasons to his Majesty why they could not comply with his pleasure as to the Admission of Andrew Popham into that Hospital This Letter was Signed by Eight Governours and directed and sent to one of the Secretaries of State to represent the contents of it to the King. The LETTER was as followeth My LORD HIS Majesty's Two Letters the one dated the 17 th of December last and the other the 21 th of March last countersigned by your Lordship came to our hands Whereby His Majesty requires us that we admit Andrew Popham to be a Pensioner in Sutton's Hospital without tendring any Oath or Oaths unto the said Andrew Popham or requiring of him any Subscription Recognition or other Act or Acts in Conformity to the Doctrine and Discipline of the Church of England as the same is now Established And notwithstanding any Statute Order or Constitution of or in the said Hospital with all which His Majesty was pleased to Dispense Which Letters were received with the respect that is due to whatsoever cometh from His Majesty And it hath not been any fault of ours that an Answer hath not been sooner returned Several Assemblies having been appointed in order to it but there were not at those times so many Governours in or about the Town in a condition to attend as would make up the number directed by the Constitutions We could not till now acquaint your Lordship that upon debate of the aforesaid Letters it is agreed to represent in the most humble manner to His Majesty by your Lordship's means and through your hands That we apprehend our selves to be tyed up and to lye under such strict obligations that we are not at liberty to comply with what is required from us for these Reasons For that the said Hospital is of a private Foundation and the Governours obliged to act according to the Constitutions of the same That by an Act of Parliament made in the Third Year of the Reign of King Charles the First of blessed memory It is Enacted That every poor man to be elected and admitted into the said Hospital shall before he receive benefit of any such place take the Oaths of Supremacy and Allegiance Therefore We pray your Lordship to represent to His Majesty that we conceive We cannot with a Faithful discharge of our Trust admit the said Andrew Popham This We pray your Lordship to represent to His Majesty in the most humble manner Whereby you will extremely oblige W. CANT ORMOND HALIFAX CRAVEN DANBY NOTTINGHAM H. LONDON T. BVRNET This Letter when it was read to the King he gave it as we heard to the Lord Chancellor And bid him find out a way how he might have right done Him at that Hospital But there were several reasons that hinder'd the further proceedings of the Court against Charter-House The Persons concern'd were of so great a Character so much consider'd by the Nation and so well able to defend their cause that the Ecclesiastical Commissioners who were the support of the Dispensing Power had no mind to meddle with them Besides they had their hands full of other business at that time They were quarrelling the two Universities upon the same point And the next Spring they fell upon the Clergy for not reading the King's Declaration about Liberty of Conscience The Archbishop and six Bishops more were sent to the Tower by Warrant from the Privy-Council and afterwards formally Try'd at the King 's Bench Barr. These things had put the Nation into a great ferment and uneasiness so that it was necessary to allow some time for things to settle and grow calm again before they enter'd upon any more angry business But towards the latter end of the Summer when they should have begun their Prosecutions a fresh They see the Heavens grow cloudy and a storm a coming from abroad Then the Court begun to think of new measures how to please the Nation and put all things to rights again So that it was no more time to call to account the disobedient Governors of Charter-House who by the necessity of affairs had been conniv'd at thus long But in this interval we had several threatnings That a Quo Warranto which was the battering Engine of those days should be brought against the Corporation And that the Master particularly should be Summon'd before the Ecclesiastical Commissioners But all this came to no effect Neither could they ever get any Popish Governor or Popish Pensioner admitted into that Society FINIS The words of the Act of Parliament are these And be it enacted and established by the Authority aforesaid that every Person that shall from henceforth be elected a Governour of the said Hospital shall before he exercise the Place of a Governour take the several Oaths of Allegiance and Supremacy And that the Preacher Minister Schoolmaster Usher Officers and poor Men and every of them henceforth to be elected or admitted shall before he exercise or take benefit of any such place take the said several Oaths of Supremacy and Allegiance