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A56408 An account of Mr. Parkinson's expulsion from the University of Oxford in the late times in vindication of him from the false aspersions cast on him in a late pamphlet entituled, The history of passive obedience. Parkinson, James, 1653-1722. 1689 (1689) Wing P492; ESTC R11774 14,588 20

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was fair and resolving not to comply with them in any thing that was soul nor to pass an unjust censure upon him which they press'd him to do dissolv'd the Meeting Finding now that they could not work on the Rector nor gain his concurrence for oppressing of Mr. P. they applied themselves to Dr. H. a Provice-Chancellor and complain'd that Mr. P. had in their Company some Months before maintain'd several false and dangerous Propositions Hereupon the Doctor sent for him August the 20th and told him That some of the Fellows of Lincoln College had made complaints against him He desired to know who were his Accusers and what they laid to his Charge and to have a Copy of their Accusation and promis'd his Answer to it The Doctor said 'T was fit he should know his Accusers and have a Copy of their Accusation and promis'd him both And it must be own'd that this was fair dealing in the Doctor but tho he was so fair as to make this promise yet he was not so just as to keep it August the 24th the Doctor sent for him again and tho he would neither let him know who were his Accusers nor what they laid to his Charge yet he requir'd him forthwith to give Bail of 2000 l. for his good Behaviour and Appearance at the next Assizes which were to begin at Oxford on the 3d of September following I will not here blame the Doctor for denying Mr. P. a Copy of his Accusation nor yet for exacting so extravagant a Bail because how unreasonable soever these things may seem yet they were agreeable to those times and herein he did but write after the many ill Copies that were set him by others But I can hardly forbear complaining of him for this one thing because herein I think he followed no example that when Mr. P. had named for his Bail two Scholars Mr. B. and Mr. K. both Masters of Arts and Fellows of Colleges and of as good note as any in the University he refus'd them both and yet would give no reason for his refusing of them It seem'd somewhat hard to Mr. P. that two of his own Body the University should be refus'd and that without any reason given and that he should still be forced to name others But this how hard soever it was he was forc'd to comply with and to try again if he could hit the Doctor 's humour in naming two others which he had the good luck to do For guessing that no Scholars would pass with him he nam'd two of the Town Mr. P. and Mr. C. who were accepted for his Bail and he was dismiss'd having been kept Prisoner by the Doctor several hours till his Sureties came to release him At the next Oxford Assizes begun September the 3d. 1683. Mr. Philip Burton came to Oxford and exhibited an Indictment against Mr. P. for maintaining the Propositions following which I here present the Reader with together with some remarks on each of them l. That 't is lawful to exclude the next Heir to the Crown front his Right and Title to the Succession I suppose his Accusers mean as he did such an Exclusion as had not long before been debated in Parliament and had pass'd the Honourable House of Commons in two or three Parliaments successively Now such an Exclusion as this no doubt Mr. P. held to be lawful and as I believe two third parts of the Nation held it as well as he tho' I never yet heard of any besides him that had the ill luck to be impeach'd for it The Law I 'm sure says That the King Lords and Commons have right to limit and bind the Crown of this Realm and the Descent Inheritance and Government thereof as appears by the 13th of Queen Elizabeth Cap. 1. by which Statute it was made Treason during the life of that Queen to hold affirm or maintain the contrary and after her decease forfeiture of Goods and Chattels And me thinks 't is somewhat strange that it should be High Misdemeanour in Mr. P. to speak as the Law does If Doctor H. knew nothing of this Law one would think his Friend Mr. Burton should have instructed him in it 2. That if a Prince did not perform his duty the Subjects might be discharged of theirs Mr. P. denies that lie ever affirm'd any such general Proposition And I can't but observe that I have heard Dr. Marshall who was then Rector of Lincoln College more than once affirm That at that Meeting held in the College about the end of July which I spake of before and held on purpose for hearing of Complaints against Mr. P. there was not the least mention made of this Proposition And Mr. P. dares affirm upon Oath That he heard nothing of it at that Meeting and therefore 't is likely they had not thought of this to object against him at that time it being not probable they would have concealed it had they known arty thing of it Nor is it a hard matter to guess how they came by it for one may see it word for word among the twenty-seven Propositions that the University of Oxford condemned on the 21st of July 1683. it being indeed a pare of the second Proposition in the Decree of that University And 't is likely that Mr. P. had never been accus'd for maintaining this Proposition if that University had not first condemned it I think I am not bound to speak my thoughts concerning this Proposition but however out of meer love to Truth I will say thus much That in some Constitutions of Government and in some Cases I believe it is true if the Prince not only does not perform his duty but acts also exorbitantly to the contrary And because Truth is then best when 't is rightly apply'd I will venture to apply this to our present Case and say That the late King James having not done his duty but the contrary the stiffest of the Jacobites Mr. P. 's Accusers not excepted may be discharged of theirs and may honestly without distinctions or equivocations or mental reservations take the new Oath of Allegiance to our Gracious Sovereigns King William and Queen Mary 3. That the King might be for ever laid aside so that there should never more be a King of England for the future by the Consent of King Lords and Commons One fault I 'm sure there is in this proposition That 't is sillily worded Now methinks 't is somewhat hard to bring an information against Mr. P. for an uncouth expression if he had been guilty of it There is in the words 1. Something suppos'd and that is a consent of the King Lords and Commons That the King should be for ever laid aside so that there should never more be a King of England for the future which is a very wild supposition it being not in the least probable that ever the thing supposed should happen And 2. there is something affirm'd upon this unlikely supposition and that