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A46989
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The King's visitatorial power asserted being an impartial relation of the late visitation of St. Mary Magdalen College in Oxford : as likewise an historical account of several visitations of the universities and particular colleges : together with some necessary remarks upon the Kings authority in ecclesiastical causes, according to the laws and usages of this realm / by Nathaniel Johnston ...
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Johnston, Nathaniel, 1627-1705.
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1688
(1688)
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Wing J879; ESTC R12894
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230,864
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400
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and several others were Expelled as had been done in New-College And the Society of Magdalen College were so averse from the Roman Catholic Religion that not only they got neither Altar or Holy Vestments but none of the Fellows came to Mass and the very Clerks and Choristers would not perform their Offices so that the Visitors were forced to have all Holy Offices performed by their own Priests Ibid. fol. 13. b. they punished the Juniors that refused Punishments inflicted by the Visitors either with striking them out of Commons or Scourging them and one Aldworth Bachellor of Art for Contumelious Usage of Priests and coming in unseasonably to the Mass of the Exequies of King Henry the Sixth was Commanded that every Day he should be at Mass and kneeling at the South Pillar in the middle of the Church should perform his Prayers to the Example of others The same Commissioners found the President of Corpus Christi College Robert Morwent and the Senior Fellow Henry Walsh very observant Id. fol. 276. a. who brought to light the Holy Vestments Cushions Silver Vessels Candlestics and other Ornaments which they had hid in King Edward the Sixth's time and excepting John Juel after Bishop I find none left that College but from the other two besides the Fellows Ejected in Edward the Sixth's time about Eighteen or Twenty this Year and the next were removed §. 2. Cardinal Pools Visitation Anno 1556. Id. fol. 278. b. 3 4 Ph. Mar. Cardinal Pool appointed and entire Visitation of the University of Oxford and the Visitors were James Brooks Bishop of Gloucester Nicholas Ormanet of Padua in good esteem with Julius the Third Pix M. M. n. 22. and Dator to him or Marcellus the Second Henry Cole Doctor of Laws Provost of Eaton Robert Morwent Doctor in Divinity President of Corpus Christi College and Walter Wright Arch Deacon of Oxford These proceeded upon Thirty Two Questions Two Questions proposed by the Visitors First whether their Statutes were observed two of which were the most Material First Whether the Foundations Statutes and Laudable Customs of the University and of every College and Hall were observed by all and singular that were concerned and if it were answered Negatively they were required specially to express which were not observed and for what cause The Second was Second whether after the Reformation any things were used contrary to the Canons c. whether in the time of the Schism any thing was appointed or brought into use which was against the Ancient Canons or Ancient Foundations Statutes Privileges and Customs and to this if they Answered Affirmatively they were to express particularly what they were and for what cause §. 3. The Cardinal appoints Statutes The Visitors following the Example of those that Visited in King Edward the Sixths Reign purged out of all public Libraries all Books which maintained the Protestant Doctrin and those in private Libraries they burnt and either Punished or Expelled the Possessors In E. p. 38. They certified the Cardinal especially of the Defects of the University Statutes and he being Chancellor instead of Mason that laid down the Office sent a Book of Statutes to Mr. Raynolds the Vice-Chancellor and Commanded him that they might be in force till there being joyned with him some in every Faculty they might determin which were to be Antiquated and which to be retained which being so Revised had the Sanction of the Chancellor and Convocation which being strict against the Reformed drove many from the University Our Author Notes that the Lectures were less frequent in this Queens time as well as in King Edward the Sixths and fewer received Degrees which may be Imputed to the Changes made in Religion in their short Reigns but he saith the great care of the Magistrates of the Universities in this Queens Reign was to recover the profits of the Societies and to Repair their Buildings and the Schools In this Third and Fourth Year of King Philip and Queen Mary Cui Papa commisit Visitationem Reformationem Studiorum Generalium Cardinal Pool Visited the University of Cambridge as he was Legate to whom the Pope Committed the Visitation and Reformation of the Universities called General Studies This Visitation the Cardinal performed by Delegates and I find one Robert Brassy Master of Kings College urged that his House was wholly referved to the Discretion of the Bishop of Lincoln not only by the Kings Letters Patents Fox Acts and Monuments Vol. 3. p. 763.766 but also by the Grant of Confirmation of the Bishop of Rome himself under a Penalty if he should suffer any Stranger to Intermedle But the Commissioners Answered that they were fully Authorized for the Order of the matter by the Cardinal out of whose Jurisdiction no place nor person was Exempted So that tho' he persisted the next Day in his Allegation yet he and the Students submitted and were all Sworn and Examined to the Interrogatories propounded to them yet some of them Swore conditionally so as their Faith given to the College were not Impeached thereby Something like the Salvo of some Members of St. Mary Magdalen College that they would yield obedience saving the Right of Dr. Hough which was prudently denyed to be Admitted by the Lords Visitors I now pass to the Reign of Queen Elizabeth SECT III. The Visitations in Queen Elizabeths Reign §. 1. Queen Elizabeths Inhibition ANno 1559. Fol. 281. b. Queen Elizabeth intending to Visit the University of Oxford Writ to the Magistrates of the same not to Elect any heads of Houses Fellows Scholars c. forbidding them to proceed to the Election of any President Fellow or Scholar or of any Officer of the University and forbid all Alienations or Changes of Possessions and all other things to be done by the University except what was necessary for the Cultivating their Lands till the Visitation and this she did because some were so forward to begin a Restoring things to the condition they were in in King Edward the Sixth's time before her Order By which the Queens Authority and Circumspection are clearly discovered §. 2. Queen Elizabeth appoints Visitors After some few Months she appointed her Visitors Wood lib. 1. fol. 282. viz. Richard Cox Bishop of Ely John Williams Baron of Thame but he Died in October John Mason Kt. sometimes Fellow of All-Souls and several Years after Chancellor Thomas Benger Kt. William Kingsmyll Esq John Warner Custos of All-Souls College Walter Wright Doctor of Laws Arch-Deacon of Oxford John Watson Master of Arts Chancellor of St. Pauls London Robert Benger Esq c. to whom she Commands they should Act with all Humanity and abstain from all Roughness These Visitors coming to Oxford cast out of the Chappels of the Colleges and Parish Churches all things that related to Superstitious Worship as it was Styled that is the use of the Roman Worship recalled those that were banished or put out
College SIR YOu will receive herewith His Majesties Mandate to Admit me President of the College of St. Mary Magdalen in Oxon together with a Letter of my Lord Sunderland pursuant to His Majesties Command 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 favor to Admit me by Proxy that is either the next Senior 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 customary Practice And by so doing you will oblige SIR Your very Loving Friend and Brother Samuel Oxon. Dr. Pudsey being the Senior Fellow returned this following Answer MY LORD I Have perused your Lordships Letter Dr. Pudseys Answer and in obedience to His Majesty have Read His Letter Mandatory and my Lord Sunderlands Letter pursuant to the same business in the Chappel before the Society this Morning I askt the Fellows how they would proceed in this matter of concernment and what Answer I was to return to my Lord of Sunderland's by the Messenger They replyed unanimously that the place of the Presidentship was full and that they could not Admit any other into the place This my Lord is the matter of Fact and so I remain Your Lordships most humble Servant Alex. Pudsey Magd. Coll. Aug. the 28th 1687. I shall now pass to what I find succeed §. 5. My Lord Presidents Letter to the Bishop of Oxford Bath September the 9th 1687. MY LORD THe King Commands me to send your Lordship the three Inclosed Copies that you may be the better informed in the Case of Magdalen College the consideration whereof he has Committed to you the Dean of Christ-Church and Mr. Walker The first is a Copy of a Letter to me after the Delivery of the King's Mandate which His Majesty having perused sent for all the Fellows on Sunday last to attend him at Christ-Church College and Commanded them to Admit your Lordship President of that College without any further delay or pretence Instead of Compliance they Signed a Paper and sent it to me containing a Direct refusal but upon second thoughts became more sensible of their Duty and subscribed another Paper in terms very submissive Copies of both which you will herewith receive Their meaning in the last Paper I am told is this That if His Majesty shall think fit by his own Authority to Constitute you their President they will very readily acknowledg and obey you desiring only to be excused from Electing you which they allege without breach of their Oaths they cannot do His Majesty thought it necessary that your Lordship and the two Gentlemen above named should be made acquainted with these Circumstances for the direction in the advice you shall offer to His Majesty upon this occasion I am further Commanded to tell you that His Majesty intends to be at Windsor on Saturday Sennight and would have you attend him there on the Munday or Tuesday following if your health will give you leave September the 4th 1687. I am MY LORD Your Lordships most humble Servant Sunderland P. This was agreed on and done by the Fellows after His Majesty had spoken to them These following Papers are the Copies mentioned in the foresaid Letter §. 6. The Copy of one of the Papers mentioned in the preceding Letter At a Meeting of the Fellows of St. Mary Magdalen College in the University of Oxon in the Chappel of the said College the 4th day of September in the Year of our Lord God 1687. Between the hours of Four and Five in the Afternoon of the same day in obedience to His Majesties Command JOhn Smith Doctor of Divinity saith that he is as ready to obey His Majesty in all things that lie in his power as any other of His Majesties Subjects whatsoever but he apprehends it to be contrary to the Founders Statutes and his Oath to Elect the Right Reverend Father in God Samuel Lord Bishop of Oxford President of St. Mary Magdalen College in Oxon and therefore it does not lie in his Power All these following agree with Dr. Smiths Answer above Written Dr. Stafford Mr. Hammond Mr. Rogers Mr. Strickland Mr. Bayley Mr. Davys Mr. Bagshaw Mr. Fayrer Mr. Hunt. Mr. Craddock Mr. Penniston Mr. Hyde Mr. Yerbury Mr. Holt. Mr. Thornton Mr. Holden Mr. Wilks Mr. Henry Dobson Master of Arts saith that he is ready to obey his Majesty to the utmost of his power in the Election of the Bishop of Oxon. Mr. Robert Charnock Master of Arts and Fellow of the said College saith that he is ready to obey His Majesties Order in the Electing the Bishop of Oxon President of Magdalen College Alex. Pudsey Doctor in Divinity and Fellow of Magdalen College in Oxford saith that the doth agree with the rest of the Society In the Presence of John Greneway Pub. Notary I have omitted what passed betwixt His Majesty and the Fellows of St. Mary Magdalen College while the King was at Oxford since there was nothing done by the Fellows which tended to a submission to the Kings Authority but rather to a Justifying of their undutifulness in their Personal Address to him which as it was so contrary to expectation at a time when the King Honored their University with his Presence and was the only disobligation he had met withall in his whole Royal Progress It cannot be wondred that he resented it as he did that a number of Fellows of a single College should persist so in their disobedience in not Admitting the Bishop of their Diocess to be their President an Honor they never had since their Foundation if we may be allowed to call it an Honor to have a person of that Character their Supreme Governor Since therefore they were not required to Elect him but only Admit him by vertue of the Kings Mandate the King having by that superseded the former for Mr. Farmer no Man can think it strange that the King resolved to Chastise them for their contempt in a method Justifiable by Canon Civil and Statute Law both to vindicate his own Royal Authority as likewise to deter others from following such pernicious Examples CHAP. II. The Proceedings of the Lords Commissioners in the Local Visitation of St. Mary Magdalen College in Oxford SECT I. The Transactions from the Citation sent October the 17th 1687. To the Nineteenth of the same Month. §. 1. Citation of St. Mary Magdalen College October 17th 1687. HIs Majesty being so greatly provoked by the disobedience to the second Mandate and now finding it necessary to Assert his own Power resolved upon sending down certain Local Visitors according to which I find it thus Registred Memorandum Out of the Register There being a new Commission with the Addition of Thomas Bishop of