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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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my Lord Sunderland pursuant to His Majesty's Commands I am indisposed as I have been for some time and not in a condition as yet to Travel and therefore my request to you is That upon receipt of the King's Pleasure you would do me the Favour to Admit me by Proxy i. e. Either the next Seniour Fellow under your self resident or either of my Chaplains Mr. William Wickins or Mr. Thomas Collins whom I depute in my stead which is as valid in Law as if I were present my self and is the most usual and customary Practice And by so doing you will oblige Your very Loving Friend and Brother Samuel Oxon. OXON Sept. 4 th 1687. The Lord Sunderland sent an Order to the Fellows of St. Mary Magdalen Colledge to attend the King at Christ-Church at three in the Afternoon They attended accordingly King WHat 's your name are you Dr. Pudsey Dr. P. Yes may it please your Majesty K. Did you receive my Letter Dr. P. Yes Sir we did K. Then you have not dealt with me like Gentlemen you have done very uncivilly by me and undutifully Here they all kneeled and Dr. Pudsey offered a Petition which His Majesty refused to receive And said K. Ye have been a stubborn turbulent Colledge I have known you to be so these 26 years You have affronted me in this Is this your Church of England Loyalty One would wonder to find so many Church of England men in such a business Go home and shew your selves good Members of the Church of England Get you gone know I am your King I will be obey'd and I command you to be gone Go and admit the Bishop of Oxon Head Principle What d' ye call it of the Colledge One stood by said President I mean President of the Colledge Let them that refuse it look to it they shall feel the weight of their Soveraign's Displeasure The Fellows going out of the Lodgings were call'd back K. I hear you have admitted a Fellow of the Colledge since you receiv'd my Inhibition Is this true Have you not admitted Mr. Holden Fellow Dr. P. I think he was admitted Fellow But we conceive Mr. Cra. May it please Your Majesty there was no new Election or Admission since Your Majesty's Inhibition but only the Consummation of a former Election They always Elect to one years Probation then the Person Elected is received or rejected for ever K. The Consummation of a former Election 't was downright Disobedience and 't is a fresh aggravation Get you gone home I say again go get you gone and immediately repair to your Chappel and Elect the Bishop of Oxon or else you must expect to feel the weight of my hand The Felows offered again their Petition on their Knees K. Get you gone I will receive nothing from you till you have obey'd me and admitted the Bishop of Oxon. Upon which they went immediately to their Chappel Dr. Pudsey proposing whether they would obey the King and elect the Bishop of Oxon They answered in their turns They were as ready to obey His Majesty in all things that lay in their power as any of the rest of His Subjects But the Electing the Bishop of Oxon being directly contrary to their Statutes and the positive Oaths they had taken they could not apprehend it in their power to obey Him in this Matter A Copy of the Petition offer'd at Oxford Sept. 4th 1687. To the King 's Most Excellent Majesty c. Humbly sheweth THat upon the 27th of August we receiv'd Your Majesty's Letters Mandatory Dated August 14th requiring us to admit the Right Reverend Father in God Samuel Lord Bishop of Oxon to be our President and dispensing with all Statutes and Constitutions to the contrary It is an unexpressible Affliction to us to find our selves reduced to such an extremity that either we must disobey Your Majesty's Royal Command contrary to our own Inclinations and that constant course of Loyalty which we have shew'd in all instances hitherto upon all occasions whatsoever or else break our Founder's Statutes and deliberately perjure our selves For our Founder hath obliged us under Oath when we came in Fellows inviolably to observe his Statutes and one Clause therein injoyns us never to admit or make use of Dispensation granted by any Authority whatsoever whereby we may be absolved from the same In this Statute for the Election of a President he commands us upon Oath to Elect such a Person into the place of President within 15 days after the vacancy who either is or has been Fellow of our own or New-Colledge Which we represented to Your Majesty in our humble Petition sign'd April 9th wherein we offered our selves ready to Elect any Person capable of the same who Your Majesty should be pleased to recommend and having waited the utmost time limited by our Statutes and receiv'd no Answer to that effect we did then according to the exigence of our Statutes having first taken the Holy Eucharist and our several Oaths to that purpose nominate and Elect such a Person as we in our Consciences did believe to be every way qualified for that Place By which Act of ours we have conveyed all that right to him which our Founder hath intrusted us with and it does not lie in our power to admit any other Our Founder in another Statute obligeth us under the pain of Perjury a dreadful Anathema and eternal Damnation not to suffer any of his Statutes to be altered infringed or dispensed with and commands us under the same Sacred Obligations not to execute any Orders or Decree whatsoever contrary or repugnant to the said Statutes by which said Statutes and Oaths we are utterly incapacitated to admit the said Reverend Father in God to be our President May it please Your Sacred Majesty to give us leave to lay this our Case and our selves withal submission at Your Royal Feet most earnestly beseeching Your Sacred Majesty to extend to us Your humble Petitioners that Grace and Tenderness which Your Majesty hath vouchsafed to all Your other Subjects and not to believe us guilty of any obstinacy or undutifulness Crimes which our Souls abhor but to receive us into Your Majesty's Grace and Favour the greatest temporal Blessing which our Hearts can wish And Your humble Petitioners shall always as in Duty bound pray to Almighty God to bless Your Majesty with a long and happy Reign over us and afterwards to receive You to an immortal Crown of Glory A Copy of the Address which the Fellows of St. Mary Magdalen gave to the Lord President of the Council Sept. 6th 1687 and which was delivered His Majesty at Bath WE Your Majesty's most humble and most dutiful Subjects the Fellows of St. Mary Magdalen Colledge in Oxon being deeply afflicted with the late sense of Your Majesty's heavy Displeasure grounded as we in all reason humbly presume upon a most unkind misrepresentation of our Actions in relation to an Election of a President into Your Majesty's said
submit to the Bishop of Oxon as President So he was ordered to withdraw Then the same question was put to all the other Fellows singly who all refused to sign the submission except Dr. Thomas Smyth and Mr. Chernock who were not prest for the Reasons above Mr. Thompson being called in to sign the Paper said Mr. Thompson My Lords I have been always obedient to His Majesties Commands I was not concerned in the Election of Dr. Hough I voted for Mr. Farmer and am ready to submit to the Bishop of Oxon. Bish Ch. Did you not put your hand to this Petition Is not this your hand Read the Petition It was Read In which the Fellows desired His Majesty to nominate any qualified Person and to retract His Mandate granted for Mr. Farmer Mr. Thompson My Lord I conceive the Petition not to be disobedient We had not yet receiv'd the Mandate as soon as it came I humbled my self Bar. Jen. Then why can't you humble your self again is there any hurt in it Mr. Thompson This Paper requires me to own my disobedience to His Majesty I am not conscious of any and therefore I cannot Subscribe After a short time all who refused to sign the Submission were called in and by Sentence of their Lordships expell'd the Colledge for Contempt c. except as before After Sentence all that were expell'd spoke to this Effect My Lords we prosess all Duty to the King and Respect to your Lordships but must beg leave to declare That we think our selves injur'd in your Lordships proceedings and therefore protest against them and shall use all just and legal ways of being Relieved After a short time an Instrument was fix't on the Colledge-Gates in these words By his Majesties Commissioners for Ecclesiastical Causes c. particularly Authorized and Impowered to Visit St. Mary Magdalen Colledge in the Vniversity of Oxon. WHereas in our Visitation of the said Colledge it appeareth unto us that Doctor Charles Aldworth Dr. Alexander Pudsey Dr. John Smith Dr. Tho. Bailey Dr. Tho. Stafford Master Robert Almond Mr. Manwaring Hamond Mr. John Rogers Mr. Richard Strickland Mr. Henry Dobson Mr. James Bailey Mr. John Davies Mr. Francis Bagshaw Mr. James Fayrer Mr. Joseph Harwar Mr. Tho. Bateman Mr. George Hunt Mr. William Cradock Mr. John Gillman Mr. Geo. Fulham Mr. Charles Pennyston Mr. Robert Hyde Mr. John Yerbury Mr. Robert Holden and Mr. Stephen Wilks Fellows of the same Colledge have been severally guilty of Disobedience to his Majesty's Commands and obstinately contemn'd his Royal Authority and do still persist in the same We have thought fit upon mature consideration thereof to Declare Pronounce and Decree That the said Dr. Charles Aldworth c. and every of them be Deprived and Expelled from their respective Fellowships And we do by this our Sentence and Decree Deprive and Expel them and their said several and respective Fellowships Given under our Seal this 16th day of November 1687. WHITE-HALL Decemb. 10. HIS Majesty's Commissioners for Ecclesiastical Causes and for Visiting all Cathedral and Collegiate Churches and Colledges c. met this day and taking into their consideration all that had passed in the business of St. Mary Magdalen Colledge in Oxford and the contemptuous and disobedient Behaviour of Dr. John Hough and several of the Fellows of that Colledge throughout the whole Proceeding their Lordships Declared Decreed and Pronounced That Dr. Hough Dr. Carles Aldworth Dr. Henry Fairfax Dr. Alexander Pudsey Dr. John Smith Dr. Thomas Bailey Dr. Thomas Stafford Mr. Robert Almond Mr. Manwaring Hamond Mr. John Rogers Mr. Richard Strickland Mr. Henry Dobson Mr. James Bailey Mr. John Davies Mr. Francis Bagshaw Mr. James Fayrer Mr. Joseph Harwar Mr. Thomas Bateman Mr. George Hunt Mr. William Cradock Mr. John Gillman Mr. George Fulham Mr. Charles Pennyston Mr. Robert Hyde Mr. Edward Yerbury Mr. Henry Holden and Mr. Stephen Wilks should be uncapable of Receiving or being Admitted to any Ecclesiastical Dignity Benefice or Promotion And such of them who are not yet in holy Orders were adjudged uncapable of Receiving or being Admitted into the same All Archbishops Bishops and other Ecclesiastical Officers and Ministers within the Kingdom of England being required to take notice of the said Sentence and Decree and to yield Obedience thereunto THE 17th of January 1687. being the day that the Thirty Demies of Magdalen Colledge were by Summons from the Bishop of Oxon the new President commanded to appear before him and none appearing Mr. Chernock the new Vice-President called for the Buttery-Book and struck out the Names of Mr. Holt Mr. Adams Senior Mr. Vescy and Mr. Brabourn Masters of Art Mr. Hyde Mr. Woodward Mr. Fulham Mr. Watkins Mr. Stacy Mr. Sherwin and Mr. Kenton Batchelors of Art Mr. Cross Mr. Bush and Mr. Wells Under-Graduates Which Fourteen were then resident in the University and Three more who escaped Expulsion at that time FINIS Note This should follow the Letter to the Duke of Ormond pag. 5.
they shall depute in their behalf to appear before Us in the Council-chamber at White-Hall upon Monday the Sixth of the next Month of June at Four in the Afternoon to answer to such Matters as shall be objected against them concerning the Premises and of the due execution thereof You are to certifie Us then and there To Thomas Atterbury and Robert Eldows Or to either of them Given under our Seal the 28th of May 1687. The Answer of the Vice-President and other Fellows of Magdalen-Colledge in Oxon who were deputed by the said Colledge to the Question propounded by the Right Honourable and Right Reverend the Lords Commissioners for Ecclesiastical Affairs Viz. Why they did not obey His Majesty's Letter requiring them to Elect and Admit Mr. Anthony Farmer President of the said Colledge THE said Vice-President and other deputed Fellows answered and said That the said Colledge of St. Mary Magdalen in Oxon is a Body Corporate governed by Local Statutes granted and confirmed to them by His Majesty's Royal Predecessor King Henry the 6th for Him and His Heirs and Successors under the Great Seal of England which are also since confirmed by several other Letters Patents of others of His Majesty's Royal Predecessors under the Great Seal of England That by the said Statutes of the Colledge to the observation of which each Fellow is sworn it is ordered that the Person elected President thereof shall be a Man of good Life and Reputation of approved Understanding and good Temper Discreet Provident and Circumspect both in Spiritual and Temporal Affairs And at the time of Election of a President the said Fellows are bound by the said Statutes to take an Oath that they shall nominate none to that Office but such as are or have been Fellows of the said Colledge or of New-Colledge in Oxon or if they are not actually Fellows at that time of Election that they be such as have left their Fellowships in their respective Colledges upon credible accounts And when two qualified persons shall be nominated at the time of Election by the greater number of all the Fellows to the said Office of President the thirteen Seniors also swear that they will Elect one of them whom in their Consciences they think most proper and sufficient most discreet most useful and best qualified for the Place without any regard to love hatred favour or fear And every Fellow when he is first admitted into his Fellowship in the said Colledge swears that he will inviolably keep and observe all the Statutes and Ordinances of the Colledge and every thing therein contained so far as does or may concern him according to the plain literal and grammatical sense and meaning thereof and as much as in him lies will cause the same to be kept and observed by others and that he will not procure any Dispensation contrary to his aforesaid Oath or any part thereof nor contrary to the Statutes and Ordinances to which it relates or any of them nor will he endeavour that such Dispensation shall be procured by any other or others publickly or privately directly or indirectly And if it shall happen that any Dispensation of this sort of whatsoever Authority it shall be whether in general or particular or under what form of Words soever it be granted that he will neither make use of it nor in any sort consent thereunto That upon Notice of the Death of Dr. Clark Late President of the said Colledge the Vice-President called a Meeting of the said Fellows in order to the appointing a day for the Election of a new President and the 13th of April was the time prefix'd with power to prorogue the same as they should see cause till the 15th beyond which time they could not statutably defer their Election and in pursuance thereof a Citation or Premonition was fix'd upon the Chappel-door of the said Colledge signifying the same and by which the absent Fellows were Summoned to repair home as the Statute in the Case requires And the said Vice-President and other deputed Fellows farther say that on the 11th of April aforesaid they received His Majesty's Letters Mandatory to Elect and Admit the said Mr. Anthony Farmer President of the said Colledge But forasmuch as the said Vice-President and Fellows apprehended the right of Election to be in them and believed His Majesty never intended to dispossess them of their Rights And forasmuch as the said Mr. Farmer had never been Fellow either of Magdalen or New-Colledge in Oxon and had not those Qualifications which in and by the said Statutes of the Colledge are required in the Character of a President as they in their Consciences did or do verily believe and in regard that they could not comply with His Majesty's Letter without the violation of their Oaths and hazard of their legal Interest and Property wherewith they are by their Statutes possessed and which by their Oaths they are bound to maintain they represented the same by their humble Petition to His Majesty And having deferred their Election of a President to the last day limited by their Statutes then they proceeded to Election and having first received the Eucharist and taken the said Oaths as the Statutes enjoyn to choose a Person so qualified as is before expressed they did Elect the Reverend Mr. John Hough B. D. and one of the Fellows of their Colledge a Person every way qualified to be President who has been since confirmed by the Bishop of Winton their Visitor as the Statutes of the said Colledge direct And that they might not lye under His Majesty's Displeasure by their Proceedings they did on the 19th of April make an humble representation thereof to His Majesty by his Grace the Duke of Ormond Chancellor of the University of Oxon setting forth their indispensable obligations to observe their Founder's Statutes All which Matters the Vice-President and other deputed Fellows do humbly offer to your Lordships and pray to be dismissed with your Lordships favour The Fellows Reasons why they Elected not Mr. Farmer c. WHereas the Vice President and other deputed Fellows of St. Mary Magdalen Colledge in Oxon have in their Answer to your Lordships set forth that by the Statutes of the said Colledge it is ordered That the Person to be elected President thereof should be a man of good Life and Reputation and of good Manners and Temper and likewise that Mr. Anthony Farmer hath not those Qualifications which in and by the said Statutes are requir'd in the Character of a President as they in their Consciences did and do verily believe They humbly crave leave to represent to your Lordships some of those Reasons which induced them to such belief viz. That Mr. Farmer did mis-behave himself in Trinity Colledge in Cambridge That he received Admonition from the Master of the Colledge in order to his Expulsion which remains in the Register of the said Colledge under his own hand That having left Cambridge he taught School at Chippenham in
Wiltshire under a Nonconformist Minister without License That in September 1683. the said Mr. Farmer was entred in St. Mary Magdalen Hall in Oxon. where such frequent Complaints were brought against him to the Principal for his troublesome humour and unquiet temper that to preserve the Peace of the Society he was desired to leave the said Hall. That after his leaving Magdalen Hall he was admitted into Magdalen Colledge where discoursing about Religion he declared That there was no Protestant but would cut the Kings Throat notwithstanding which at other times he declared to some of the Fellows of the said Colledge That whatsoever he pretended he was really a Member of the Church of England and that he made an Interest with some Roman Catholicks only to get Preferment by their means and for that reason was willing to be thought of their Religion That at the very time when his Majesty's Letter came to the Colledge in his behalf the said Mr. Farmer was at Abbington in very ill Company where he continued drinking to excess two or three days and nights together and amongst other Disorders was one of those that then in the night time threw the Town-Stocks into the River and that in general the said Mr. Farmer hath had the unhappiness to lie under an ill Fame as to his Life and Conversation as by several Letters and Certificates ready to be produced will more largely appear Copies of Letters and Certificates delivered to the Lords Commissioners for Ecclesiastical Affairs June 27. 1687. I. I Anthony Farmer Batchelour of Arts and Scholar of this Colledge do confess That I have behav'd my self very unlike a Member of this Colledge and even a Christian at the Dancing-School for which I humbly ask Pardon and do acknowledge before the Seniority that I have deservedly received of the Master my first Admonition in order to Expulsion Anth. Farmer Trinity Coll. Camb. June 11. 1678. This is a true Copy of Anth. Farmer 's Admonition attested by us whose Names are hereunto under-written Humph Babington Vice Magist Deput John Hawkins Vice Magist Deput Benj. Pullsyn Vice Magist Deput John Laughton Vice Magist Deput II. THese are to certifie That Mr. Anth. Farmer was Usher to Mr. Benj. Flower a Nonconformist Preacher in the Town of Chippenham in the County of Wilts for the space of half a year or upwards the said Mr. Flower keeping School without License from the Bishop and the said Mr. Farmer continuing his Usher for the time mentioned without any License also Witness our hands Will. Lak● Vicar Will. Loude Will. Gale. III. MR. Anthony Farmer was entred of St. Mary Magdalen Hall in Oxford Septem 1. 1683. Where after he had been some time frequent Complaints were brought to me by some of the Masters that he raised Quarrels and Differences amongst them that he often occasioned Disturbances and was of a troublesome and unpeaceable humour Whereupon that Love and Friendship might be preserv'd and continu'd in the Society as it used to be I advised the said Mr. Farmer to make tryal if he could live more easily and quietly in some other House Accordingly he did voluntarily leave the Hall July the 13th 1685. and got himself admitted into Magdalen Colledge William Levet Principal IV. I Do certifie That Mr. William Bambrigg Gentleman Commoner of Magdalen Hall Oxon did say That Mr. Anthony Farmer Master of Arts did intice him from his Studies in the University to go to London where he the said Mr. Farmer did attempt to draw the said Mr. Bambrigg into several Debaucheries both at Taverns and Bawdy-houses Witness my hand John Ryland Mr. of Arts of Magd. Hall. V. I Do certifie That Mr. William Bambrigg Gentleman Commoner of Magdalen Hall did say That Mr. Anthony Farmer Master of Arts of the said Hall did receive Money of him and other Gentlemen publickly to expose unto them a Naked Woman which he accordingly did Witness my hand Richard Clerk Mr. of Arts of Magd. Hall. June 9. 1687. VI. I Am very willing to justifie any thing I have formerly said relating to so serious a matter as this is you enquire after Mr. Farmer one night in the Cloyster asked me why I did not get a Commission I told him truly I had not Friends to do it for me He then asked me what I would do for one I told him I would fight for my King and whatsoever he should command me He then ask'd me if I would fight for the King's Religion I told him there would be no occasion for that nor would it ever be required of me He as'd me of what Religion I was I told him a Protestant And then he said There was no Protestant but would cut the King's Throat and that he should lose Three thousand pounds for being of that Religion he intended to be of which he said was a Papist This to the best of my remembrance is the full of what he said If I have omitted any thing it is my care not to write more than I would honestly and justly swear to I am SIR Your most Obliged and most Humble Servant JOHN BRABOURN VII IN or about January last 1687. Mr. Anthony Farmer declared before us That the Report of his being a Papist was false but that he was willing to be thought so because it might do him a kindness That the reason of his acquaintance with Mr. Brent and Mr. Walker was to get Preferment by their Interest That he had not forsaken the Protestant Religion adding we should call him Rogue if ever he did That he would not make any publick Declaration of this but would declare it amongst Friends when and where he pleased Henry Dobson Ja. Fayrer Tho. Goodwin VIII I Do hereby certifie That Robert Gardiner Porter of St. Mary Magdalen Colledge did tell me that Mr. Farmer did very often come into the Colledge late at night so much in drink that he could scarce go or speak Witness my hand this 9th of June 1687. George Fulham IX UPon Monday April the third Mr. Farmer came to the Lobster in Abbington with Mr. Clerk Mr. Gravener and Mr. Jenny Jar about eight in the morning and staid some time in the house and went from thence to the Tavern return'd again about eleven at night and sat up till one in the morning The next day they went to the Bush-Tavern and sent for a quarter of lamb for their Supper and there Mr. Farmer Mr. Clerk Mr. Gravener and two Troopers and others continued till past eleven at night and so return'd to the foresaid place and sat up till past three in the morning This I do assert was the Company that the said Mr. Anthony Farmer kept and these were the unseasonable Hours In witness whereof I am ready to swear whenever a Subpaena shall be sent to me George Mortimer X. MRs. Mortimer is ready to assert That when Mr. Anthony Farmer return'd to the Lobster about eleven at night he came much concern'd in Drink and was for
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