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 Chester Sir Robert Wright Lord Chief
Justice of the Kings Bench and Sir Thomas Jenner one of the Barons of the Court of Exchequer with particular Power to them or any two of them to visit St. Mary Magdalen College in the University of Oxford the Commissioners thought fit to meet at the Council Chamber this day being the 17th of Ooctober 1687. The Commission was Read and the same Officers confirmed as before The Lords Commissioners for Visiting Magdalen College agreed upon the following Citation in Order to their Visitation By Thomas Lord Bishop of Chester Sir Robert Wright Knight Chief Justice of the Court of King's Bench and Sir Thomas Jenner Knight one of the Barons of His Majesties Court of Exchequer His Majesties Commissioners amongst others for Ecclesiastical Causes and for the Visitation of the Vniversities and all Cathedral and Collegiate Churches Colleges Grammar-Schools Hospitals and other the like Incorporations or Foundations and Societies and particularly Authorized and Impowered by His Majesties Letters Patents to Visit St. Mary Magdalen College in the Vniversity of Oxford c. YOu and either of you are hereby required forthwith to Cite and Summon Mr. John Hough the pretended President and also the Fellows and all other the Schollars and Members of the said College of St. Mary Magdalen in the said University of Oxford to appear before Us in the Chappel of the said College on Friday next being the 21st day of this Instant October at Nine of the Clock in the Morning to undergo our Visitation and further to Answer to such matters as shall then and there be objected against them Intimating thereby and we do hereby Intimate unto them and every one of them that We Intend at the same time and place to proceed in our said Visitation the absence or contempt of him the said pretended President or the said Fellows Schollars or other Members of the said College or any of them to the contrary notwithstanding And of the due Execution hereof you are to certifie us at the time and place aforesaid Given under the Seal which we in this behalf use the 17th day of October 1687. Subscribed To Thomas Atterbury and Robert Eddows Or either of them On Wednesday October the 19th the Citation was fixed on the College and Chappel Doors and on Thursday the Commissioners entred attended by the three Troops of Horse that Quartred in the Town §. 2. The Proceedings of the Lords Commissioners at Oxford on Friday morning Octo. 21. 1687. I shall from the Register Original Papers the Bishop of Chesters notes or the Printed Relation give a Faithful account of the First and Second Visitation FRIDAY Morning THe Lords Commissioners appointed by His Majesty under the Great Seal Out of the Register Note the reason why the Commissioners left the Chappel was by reason of the crowd and for that provision was not made for their sitting there for Visiting St. Mary Magdalen College in Oxford met on Friday Morning the 21st of October 1687. In the Chappel of the same College and Adjourned to the Hall where their Commission being Read their Lordships took upon them the Execution thereof and Ordered the Fellows Names to be called over And Dr. John Hough with several of the Fellows and Schollars appearing the Lord Bishop of Chester spoke to them upon the occasion of the Visitation as followeth Gentlemen IF he who provokes the King to Anger sins against his own Soul what a Complicated mischief is yours who have done and repeated it in such an Ingrateful and Indecent manner as you have done and upon such a trifling occasion You were the first and I hope will be the last who did ever thus undeservedly provoke him There is a great Respect and Reverence due to the Persons of Kings and besides the Contempt of his Authority in this Commission you were so unreasonably Valiant as to have none of those fears and jealousies about you which ought to possess all Subjects in their Princes Presence with a due veneration of his Soveraignty over them 'T is neither good nor safe for any sort of Men to be wiser than their Governors nor to dispute the Lawful Commands of their Superiors in such a licentious manner that if they sometimes obey for wrath they oftner disobey as they pretend for Conscience sake The King is God's Minister he receives his Authority from him and Governs for him here below and God resents all Indignities and injuries done to him as done to himself Now God hath set a Just and Gracious King over us who has obliged us in such a Princely manner as to puzle our Understandings as well as our Gratitude for he hath bound himself by his Sacred promise to support our Altars at which he does not Worship and in the first place to maintain our Bishops and Arch-Bishops and all the Members of the Church of England in their Rights Privileges and Endowments No doubt but he will do his own Religion all the Right and Service he can without unjust and cruel Methods which he utterly abhors and without wronging ours which is by Law Established and by his own Sacred and free promises which have been more than once renewed and repeated to us without our seeking or solliciting for them which we under some Princes might have been put to crave upon our bended Knees This is a most Royal and Voluntary Present the King hath made to his Subjects and calls for a suitable veneration from them notwithstanding the pretended Oxford Reasons which were Publish'd by whose means and endeavors you best know to obstruct it As if the King had not Thorns enough growing in his Kingdom without his Universities planting more Now a Prince so exceedingly tender of his Honor as he is so highly Just to all and so kind beyond example to his Loyal Subjects and Servants of what persuasion soever is one under whom you might have had all the ease satisfaction and security imaginable if you had not been notoriously wanting to your selves and under a vain pretence of acting for the preservation of our Religion you had not wilfully against all Reason and Religion expos'd it as much as in you lay to the greatest scandal and apparent dangers Imaginable Your disingenuous disobliging and petulant humor your obstinate and unreasonable stifness hath brought this present Visitation upon you and might justly have provoked His Majesty to have done those things in his displeasure which might have been more prejudicial to this and other Societies then you can easily imagin But tho' you have been very irregular in your provocations yet the King is resolved to be exactly Regular in his proceedings And accordingly as he is Supreme Ordinary of this Kingdom which is his Inherent Right of which he never can be divested and the unquestionable Visitor of all Colleges he hath delegated his Commissioners with full Power to proceed according to the just measures of the Ecclesiastical Laws and his Royal Prerogative against such offenders as shall
to be as fairly Elected * This was a bold Assertion and I hope to prove it as false and as Legally Possessed as ever any since the Foundation of the College I cannot submit to the Bishop of Oxon as President so he was ordered to withdraw After this the same Question was put to all the Fellows singly who all refused to Sign the submission except Dr. Thomas Smith and Mr. Charnock who were not pressed having as their Lordships said behaved themselves Dutifully towards the King Mr. Thompson desired to be excused from subscribing for that he had given his Vote for Mr. Farmer and had not concurred with the Society in any thing they had done since in this business and declared he never had been disobedient nor ever would be Then their Lordships produced a Petition sent to the Earl of Sunderland upon the report of the Kings Mandate for Mr. Farmer which he had Signed therefore pressed further his subscribing the submission This he owned but said it was before the Kings Mandate was produced but after it was shewn at the Election he Voted for Mr. Farmer in obedience to the Kings Command and promised to obey the Bishop of Oxford whereupon their Lordships excused him §. 5. Then the Lords called for the Buttry-Book and caused all the Names of those Fellows who refused to subscribe to be struck out and the Fellows so struck out being called in the Sentence of Expulsion was Read to them in this Form. By His Majesties Commissioners for Ecclesiastical Causes and for Visiting of the Universities and all Cathedrals and Collegiate Churches Colleges Grammar-Schools Hospitals and other the like Corporations or Foundations and Societies and particularly impowered to Visit Magdalen College in the Vniversity of Oxford WHereas in our Visitation of the said College it appeared to us that Dr. Charles Aldworth Dr. Alexander Pudsey Dr. John Smith Dr. Thomas Bayley Dr. Thomas Stafford Mr. Robert Almond Mr. Mainwaring Hammond Mr. John Rogers Mr. Richard Strickland Mr. Henry Dobson Mr. James Bayley Mr. John Davies Mr. Francis Bagshaw Mr. James Fayrer Mr. Joseph Harwar Mr. Thomas Bateman Mr. George Hunt Mr. William Cradock Mr. John Gilman Mr. George Fulham Mr. Charles Penyston Mr. Robert Hyde Mr. Edward Yerbury Mr. Henry Holden Mr. Stephen Weelks Fellows of the said College have been severally guilty of disobedience to His Majesties Command and obstinately contemned His Majesties Royal Authority and do still persist in the same We have thought fit upon mature consideration hereof 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 from their said several respective Fellowships Given under our Seal the 16th of November 1687. About Twelve a Clock as soon as their Lordships rose the Decree for the Expulsion of these Twenty Five Fellows was fixed on the College Gates in the Form aforesaid §. 6. The Expelled Fellows give in their Protestation against the Lords Commissioners Decree The Fellows under-named then gave in Papers subscribed by themselves to the Lords Commissioners in this Form. May it please your Lordships I Do profess all Duty to His Majesty and respect to your Lordships but beg leave to declare that I think my self injured in your Lordships Proceedings and therefore Protest against them and will use all Just and Legal ways of being relieved Novemb. the 16. 1687. Others desired that the like Protestation might be entred for them Charles Aldworth James Bayley Joseph Harwar John Gilman Tho. Bateman Edw. Yerbury Stephen Weelkes Then their Lordships Ordered them to withdraw Register and proceeded to Admit others into their places and in order thereunto called for those who were recommended by His Majesties Mandates viz. (a) Dated 11. November Mr. Charles Goring Mr. Thomas Higgons (b) Dated 12. Nov. 1687. Nov. 13. 1687. Mr. Fairfax Mr. Robert Hill Mr. John Warburton Mr. Francis Haslewood and Mr. Lawrence Wood. But none of them appeared except Mr. Thomas Higgons whereupon their Lordships sent for three of the Demys viz. Mr. Samuel Jenefar Mr. Mander and Mr. Hanson and the two last desiring to continue Demys their Lordships Admitted Mr. Higgons and Mr. Jenefar Fellows they taking the usual Oath of a Fellow Then Mr. Bradley Whalley Mr. Walter Walsh and Mr. Midleton were called but Mr. Midleton not appearing Mr. Whalley and Mr. Walsh were Admitted Demys and took the Oath of a Demy and their Names were entred in the Buttry-Book Then their Lordships took into their consideration the Case of the absent Fellows the non-appearance of Mr. Maynard Mr. Hicks and Mr. Goodwin seeming excusable by the Certificates produced and Oaths made in their behalfs and also it appearing that they and Mr. Francis Smith who is Travelling abroad had not been any ways concerned in the whole Affair their Lordships thought fit to excuse them And left the Expulsion of the rest viz. Mr. Hawks Mr. Holt and Mr. Thornton to the President who they conceived had full Power to Expell them if hereafter at their return to the College they should refuse to make their submission in the same manner as proposed to the rest of the Fellows and so the Lords Commissioners concluded What followed after their Lordships return to London §. 7. What was done by the Lords Commissioners at Whitehall Out of the Register At a Court held in the Council Chamber at Whitehall the 28th of November 1687. Present the Lord Chancellor Lord President Lord Chamberlain the Bishops of Duresm Rochester and Chester the Lord Chief Justice Wright the Lord Chief Justice Herbers and Mr. Baron Jenner The further Account of the Proceedings of the Visitation of St. Mary Magdalen College in Oxford was Read upon which it was moved The Lords Commissioners resolution to Incapacitate the Expelled Fellows c. that the Expelled Fellows should be further proceeded against by a Sentence of Incapacity The Lords upon debate were of Opinion that the said Fellows ought to be incapacitated from receiving any Ecclesiastical Preferments for the future and direct that Mr. Sollicitor General Sir Robert Baldock Sir Thomas Pinfold and Dr. Hedges shall Attend the next Morning at Nine of the Clock upon this matter At a Court c. the 29th of November 1687. Mr. Sollicitor General Sir Robert Baldock Sir Thomas Pinfold and Dr. Hedges attend and have the following Paper delivered to them The Lords think it requisite that the Fellows lately Expelled out of St. Mary Magdalen College should be Incapacitated from receiving any Ecclesiastical Preferment for the time to come and desire you to consider of the Method and best manner of proceeding herein Their Lordships appointed them to give them their Opinion upon the matter upon Munday next at Ten in the Morning but the Meeting was put of till Thursday the 8th of December At a Court the 8th of December 1687. Present the
Lord Chancellor Lord President Earl of Huntingdon the Bishops of Duresm Rochester and Chester the Lord Chief Justice Wright and Baron Jenner Mr. Sollicitor General Sir Robert Baldock Sir Thomas Pinfold and Dr. Hedges gave their Answer upon the Paper given them the 28th of the last Month concerning the Fellows lately Expelled out of St. Mary Magdalen College the Lords enter upon debate of the matter and put off the further consideration thereof till Saturday the 10th Instant at Four in the Afternoon At a Court the 10th of December 1687. The last mentioned Lords being present The Lords re-assume the Debate concerning the Fellows lately Expelled out of St. Mary Magdalen College and agree upon the following Order §. 8. At a Council held in the Council Chamber at Whitehall the 10th of December 1687. Present Lord Chancellor Lord President Earl of Huntingdon Lord Bishop of Duresme Lord Bishop of Rochester Lord Bishop of Chester Lord Chief Just Wright Baron Jenner By His Majesties Commissioners for Ecclesiastical Causes and for the Visitation of the Vniversities and of all and every Cathedral and Collegiate Churches Colleges Grammar-Schools Hospitals and other the like Incorporations or Foundations and Societies WHereas we thought fit by our Order of the 22d The Sentence of Incapacitating Day of June last to declare and decree that the pretended Election of Mr. John Hough now Dr. John Hough to the Presidentship of St. Mary Magdalen College in the University of Oxon was void and therefore did amove the said Mr. Hough from the place of President of the said College And whereas the Fellows of the same were likewise Convened before us for their disobedience to and Contempt of His Majesties Authority by making the said pretended Election and it now appearing unto us that the said Dr. John Hough Dr. Charles Aldworth Dr. Henry Fairfax Dr. Alexander Pudsey Dr. John Smith Dr. Thomas Bayley Dr. Thomas Stafford Mr. Robert Almond Mr. Mainwaring Hammond Mr. John Rogers Mr. Richard Strickland Mr. Henry Dobson Mr. James Bayley Mr. John Davys Mr. Francis Bagshaw Mr. James Fayrer Mr. Joseph Harwar Mr. Thomas Bateman Mr. George Hunt Mr. William Cradock Mr. John Gilman Mr. George Fulham Mr. Charles Penniston Mr. Robert Hyde Mr. Edward Yerbury Mr. Henry Holden and Mr. Stephen Weelks lately Fellows of the said College do persist in their disobedience and contempt we have thought fit upon mature consideration of the matter to Declare Decree and Pronounce and we do accordingly Declare Decree and Pronounce that the said Dr. John Hough Dr. Charles Aldworth c. as before recited and every of them shall be and from henceforth they are hereby declared and adjudged Incapable of Receiving or being Admitted to any Ecclesiastical Dignity Benefice or Promotion and that such and every of them who are not as yet in Holy Orders shall be and are hereby declared and adjudged uncapable of Receiving and being Admitted into the same And all arch-Arch-Bishops Bishops and other Ecclesiastical Officers and Ministers within the Realm of England are hereby required to take notice of this our Sentence Order and Decree and to yield Obedience thereunto Given under our Seal the 10th Day of December 1687. The Lords agreed to send a Duplicate of the foregoing Order under their Seals to every Arch-Bishop and Bishop which accordingly was done Thus I have drawn to a Conclusion the whole Proceedings concerning this College as to the Declaring Void the Election of Dr. Hough and the Suspending of Dr. Aldworth and Dr. Fairfax by the Lords Commissioners at Whitehall and the Expelling the forenamed Fellows by the Lords Visitors at Oxford together with this Finall Decree of Incapacitating them by the Lords Commissioners at Whitehall in Conjunction with the Lords Visitors at Oxford I shall now proceed to give an Historical Account of the Nature of the Societies or Incorporations called Colleges and Universities Secondly Some Visitations of the Universities of Oxford or particular Colleges by Legatine Metropolitical Episcopal or Local Visitors or by the Immediate Authority of the Kings of England from Age to Age. Thirdly Several Instances of the Kings of Englands Dispensations with the Statutes of Universities or particular Colleges Fourthly I shall Answer the Objections CHAP. III. Of the Nature and Constitution of the Societies of the Liberal Arts such as Colleges and Universities are SECT I. Concerning Incorporations in General and the Privileges granted to the Vniversities of Oxford and Cambridge by our Kings or the Popes §. 1. All sorts of Societies and Corporations are Founded by the King. BEfore I Treat of the Royal Foundation or the particular Charters or Bulls granted to the University of Oxford I think it convenient as a Preliminary to give the Ingenuous Reader a short abridgment of what our Common Lawyers have delivered how the Incorporations of this Kingdom are all Constituted by the Kings of England Priviledged from the Crown and are at the sole Will and Pleasure of the Sovereign who may at his pleasure for mis-user non-user or abuser dissolve them according to Common-Law First of the Subject matter of such Incorporations A Corporation is the same according to (a) Lib. 2. fol. 5. 6. Coke 10 Rep. 29. The Ancient and Modern use of the word University Bracton which the Civilians Style Collegium or University Si Rex concesserit says he alicui Vniversitati sicut Civibus Burgensibus so that in his time an Incorporation by the Name of Citizens and Burgesses was called an University in the same Sense that Communitas was Styled signifying any Society that was under some special Denomination so Bodinns saith by the word Collegium no particular Society is determined but under that Name Corporations of several natures are contained and whether Lay or Ecclesiastical is specified by the ends for which they are Constituted but now the word is generally restrained to the Academies of the Liberal Arts. ☞ All Natural persons (a) Coke 10. Rep. fol. 14. Of the Constituting parts of a Corporation as such are capable of holding or taking this Right of a Politic Capacity and as all the natural persons are an Essential part constituting the Body Politic (b) 21 E. 4. fol. 22. so all the operations and exercise of the Rights are only performed by the Natural persons Therefore when the Question is of non-user or abuser of Franchises by a Corporation it must of necessity be intended for some Act (c) Atturny Generals Argument for Quo Warranto against London fol. 2. or negligence of the Natural persons or those Officers imployed by them For whatever Franchises any persons enjoy they do it as Usu-fructuaries §. 2. How all Colleges and Corporations are made such by the Sovereign It is to be considered that such Societies ought to be Constituted by none but the Sovereign otherwise the Government would be in danger if Liberty were granted for persons to enter into Combinations For however specious they might at first make the end of their
alledged that he should have been proceeded against by Libel and have had a Copy of his Charge and used such expressions as gave just offence to the Court so that tho' the Sentence of Suspension was pronounced See p. 35. here for his Contempt in not obeying His Majesties Letters Mandatory for Electing and Admitting Mr. Anthony Farmer President of that College yet if it had not been because of his disagreeable deportment to the Court it is probable he had at that time no more Incurred the Censure of the Court than the rest of the Fellows who concurred in the said Election As to the affixing the Sentence on the College Gates See chap. 1. sect 2. p. 43. that was not a material circumstance nor whether Mr. Anthony Farmer was then or after laid by or whether he was unfitting by reason of his Immorality or otherwise It is necessary for every Court to Assert it's Jurisdiction and much more ought the Lords Commissioners to do it being they have such Ample powers from the King so that whatever Contempt was offered to their Lordships was to the King himself and that Dr. Fairfax persisted to the last in denying the Authority of the Lords Commissioners and disobeying the Kings Mandate for Admitting the Bishop of Oxford President or submitting to him as such appears by his last Answer to the Question proposed October the 25th whether he owned their Lordships Jurisdiction To which he replyed See here p. 84. 85. Under Correction he did not And being asked whether he would submit to the Bishop of Oxon as President His Answer was he would not nor could not because he was not his Legal President Whoever considers this obstinacy persisted in to the last cannot think the Lords Commissioners could do less than they did Had this been done in another Kings Reign perhaps it might have been Interpreted a Questioning the very Supremacy it self which how fatal it was to John Fisher Bishop of Rochester and Sir Thomas Moor is worthy to be considered both as a demonstration of our Kings Clemency and that the Doctor hath not so much reason to complain of the hard usage However the Doctor thought himself obliged to the observation of the Statutes and to submit to the President only he and the rest of the Fellows had chosen yet he ought to have considered what Baldus in his Comment upon the Code 3. Tit. 14 n. 7. saith * Qui sunt in aliquo Collegio ratione professionis vel negotiationis Jurisdictionem ejus qui praeest Collegio recusare non possunt non minus tamen sunt sub praeside vel alio Superiore That those that are in any College by reason of their Profession or Negotiation there ought not to refuse the Jurisdiction of him that presides in it yet they are no less subject to the President or another Superior which Superior or rather Supreme I take the King to be Besides if the Doctor and the rest of the Fellows would have considered that in relation to College Statutes however it may be disputed in other matters the King hath the same power as the Emperors had and that is to be found in the Digests thus * Quodcunque igitur Imperator per Epistolam subscriptionem Statuit vel cognoscens decrevit vel de plano Interlocutus est vel Edicto praecepit Legem esse Statuit Dig. lib. 1. Tit. 4. n. 1. Therefore whatever the Emperor appoints by Epistle and Subscription or knowing doth Decree or plainly doth express or Commands by Edict is to be esteemed a Law. Which is Literally true in all the Kings power of dispensing with or Suspending College Statutes for since it is clear by many Instances before insisted upon that the Kings of England have power to alter abrogate and annihilate Statutes of Colleges much more must they have the power to Dispense with or Suspend them ☞ Therefore when any person refuseth to submit to the Kings Authority in this particular he is deservedly punishable by Suspension or Deprivation Neither ought Fellows of Colleges assume to themselves a power of Judging of the Reasons why the King Grants Mandates in favor of any particular person or to deny their obedience to the person so recommended by Mandatory Letters because they have heard or can prove some Immortalities against him for if that liberty of opposing the Kings Mandate upon any such grounds were once allowed the Kings power must be solely precarious and every Mandate of the Kings would be lyable to disputes and debates and the Kings Sovereignty and Authority would dwindle to an Impotent wish that he might obtain his desire instead of being positively obeyed which would be such a condition of the Monarchy as would render it contemptible and whoever endeavors to lower the Dignity of the Crown in such a manner deserves just Chastisement for it which was but the bare Suspension of the Doctor from his Fellowship at first but by his perfisting in his undutifulness to the highest Degree of denying the Kings Authority he was justly punished by Expulsion and after with Incapacitating §. 9. The seventh Objection It is Seventhly Objected by some of Magdalen College that no Commission can be granted under the Great Seal to Visitors to place and dis-place Members of Colleges whose places are Free-holds ad Libitum or discretion These are the words of the Oxford Relation pag. 21. But they must proceed according to Legal discretion that is by the Laws and Statutes of the Land and Local Statutes of the College And places concerned consigned rather for the Headship and Fellowships of Colleges are Temporal Possessions and cannot be Impeached by Summary Proceedings For this they Allege the Case of Dr. Thomas Coveney President of the same College who was deprived in Queen Elizabeths time by the Bishop of Winton the Local Visitor thereof Established by Royal Authority and he Appealed to the Queen But by the Advice of all the Judges it was held that the Queen by her Authority as Supreme Visitor could not medle in it but he must bring his Action in Westminster Hall because Deprivation was a cause merely Temporal The King they own has a great Authority Spiritual as well as Tmeporal but no Commissioners can be Authorized by the Crown to proceed in any Commission under the Great Seal or otherwise but according to Law in Spiritual Causes by the Canon Law in Temporal by other Laws and Statutes of the Land. And wherein the Proceedings in some Commissions are directed to be Summarie de plano sine strepitu forma Figura Judicii those words are to be applyed to shorten the Forms of Process and not for matter of Judgment For Magna Charta provides for our Spiritual as well as Temporal Liberties §. 10. Answer to it by parts To Answer this Objection distinctly we must consider the several parts of it for it is an huddle of several matters jumbled something confusedly to set off the matter
Marginal Notes but according to the matter treated in the several Paragraphs and Pages in some of which he will find some rectifyings of what by chance was mis-printed I must likewise here give satisfaction to the Reader why I have added an Appendix to the whole and thereby plead my excuse why this Treatise hath been so long Printed in the greatest part before it was Published The Reasons of which are these in short Being desirous to obtain an exact account from the Registers of St. Mary Magdalen College concerning Dr. Haddons being Elected upon King Edward the 6ths Mandate knowing the case was exactly Parallel to this in hand I made application to the late Bishop of Oxford and the Vice-President but the Sickness and Death of the first and the taking away of some Keys where the Registers were preserved hindred me from recieving satisfaction from the one or other So that being unwilling to stop the Printing I was forced to pass by that Instance with a Reference to treat of it after and when by applying my self to the Learned Mr. Wood Author of the Antiquities of that University I could get no other satisfaction than appears by his Letter I have Printed I begun to despair of retriving it and so resolved to have closed all without it Yet being very unwilling to neglect any thing I could do in a matter of such Importance I applyed my self to the Right Reverend Bishop Giffard from whom after his Lordships arrival I had small encouragement but at last after repeated sollicitations by his Lordships directions and the industry of a Learned Gentleman and Conference with Mr. Wood the Register was found but so late as the matter could not otherwise be Inserted but in an Appendix I will not trouble the Courteous Reader with the distinct Reasons why other matters are there likewise inserted but only in general that some of them being committed to some hands that had mis-layed them or taken them with them upon some removals from Town I could not retrive them when the matters were Printing which they related to and some few of them have come to my knowledge since Writing of the rest so that the Candid Reader must be desired to place them according to the Notes in the Margents directing for that purpose Lastly I must desire the Reader will not peruse this by parcels or come to the Reading of it with prejudice assuring him the Author is free from passion and private design and hath endeavored to adhere to the Laws for which purpose he hath shewn the whole to some of the eminentest in that Profession and hath had Approbation accordingly N. J. The Candid Reader is desired to Correct these following ERRATA's with his Pen before his Perusal especially those marked* PAge 7. last line for 14th read 15th Page 24. line 21. for 11th read 8th * Page 42. line 5. for more read material * Ibid. line 8. for Attentatar read Attentata * Page 71. blot out complaint made by the Lords Commissioners of * Page 108. line 14. for no read any * Page 125. last line Instead of as by the King alone read as the King himself * Page 144. the last line but four for special read Spiritual Page 152. line 16. for Binops read Bishops Page 161. line 20. for declaredly read declared to be * Page 176. lines 16. and 17. for some one read summary Page 187. line 7. for fuller read full Page 257. line 25. for Cumlative read Cumulative * Page 266. line 24. for simple read scruple * Page 303. line 24. c. Instead of the word Free-hold read Legal Estate which I amend to avoid needless Cavils since in propriety of Law expression nothing is reputed Free-hold which is not a Tenancy for life * Page 343. line 19. for Students read Statutes Page 346. line 22. for Sancti Evangelii read Sanctis Evangeliis THE CONTENTS CHAP. I. THe proceedings upon the Kings Mandate for Mr. Anthony Farmer to the time when the Lords Visitors were appointed to go to Oxford SECT I. The Transactions from the foresaid Mandate to the Summoning the Vice-President and Fellows of St. Mary Magdalen College in Oxford before the Lords Commissioners at Whitehall Page 1. ad pag. 20. The Kings Mandate for Mr. Farmer § 1. pag. 2. The Authors Method in this Discourse § 2. pag. 3. The Bishop of Winchesters Letter to my Lord President § 3. pag. 4. The Petition of the Vice-President and Fellows to the King. § 4. pag. 5. Dr. Thomas Smith's Paper Read to the Fellows at the Election the 15th of April wrong Dated the 14th § 5. pag. 7. Observations upon it § 6. pag. 8. My Lord Presidents Letter to the Bishop of Winchester § 7. pag. 9. The Bishop Answer Ibid. Observations upon the proceedings § 8. pag. 10. 11. The President and Fellows Letter to the Duke of Ormond § 9. pag. 11. My Lord Presidents Letter to the Vice-President and Fellows § 10 pag. 14. Their Answer § 11. Ibid. The Case of the Vice-President and Fellows § 12. pag. 15. Clauses of the Statutes § 13. pag. 17. Address of the President and Fellows to the King. § 14. pag. 19. SECT II. The Proceedings before the Lords Commissioners for Ecclesiastical Affairs The Summons of the Vice-President and deputed Fellows to appear before his Majesties Commissioners for Ecclesiastical Causes § 1. pag. 21. The Answer of the Vice-President and deputed Fellows why they did not obey the Kings Mandate § 2. pag. 22. Copy of the Statute for Regulating the Election of a President § 3. pag. 26. to 34. The proceedings of the Lords Commissioners to pronounce the Election void § 4. pag. 35. The Sentence of Suspension of Dr. Charles Aldworth and Dr. Henry Fairfax § 5. pag. 35. The Order of the Lords Commissioners for publication pag. 36. Mr. Atterbury's Letter how the Fellows received the Order § 6. pag. 7. The Orders of the Lords Commissioners concerning Mr. Farmer § 7. pag. 38. Citation of the Fellows for dis-obeying the former Order of the Lords Commissioners pag. 39. The Kings Inhibition to the Fellows c. § 8. pag. 40. Order to Mr. Atterbury to affix the Order concerning Dr. Pudsey and Dr. Fairfax upon the College Gates § 9. pag. 41. The Answer of the Fellows why they obeyed not the Order of 22d of June § 10. pag. 42. SECT III. The Transactions from the Mandate for the Bishop of Oxford to the Lords Commissioners Visiting of St. Mary Magdalen College pag. 43. The Kings Mandate to the Fellows to Admit the Bishop of Oxford President § 1. pag. 44. The Lord Presidents Letter to the Senior Fellow c. § 2. pag. 45. Dr. Pudsey's Answer to it § 3. pag. 46. Bishop of Oxfords Letter to the Senior Fellow § 4. pag. 47. Dr. Pudsey's Answer pag. 48. My Lord Presidents Letter to the Bishop of Oxford § 5. pag. 49. Papers of Some of the Fellows why they cannot Elect the
Bishop of Oxford President § 6. pag. 50. Observations upon it pag. 51. CHAP. II. THe proceedings of the Lords Commissioners in the Local Visitation of St. Mary Magdalen College in Oxford pag. 52. SECT I. The Transactions from the Citation sent October 17th 1687. to the 19th of the same Month. pag. 52. Citation of Mr. John Hough the Fellows Schollars and other Members of St. Mary Magdalen College § 1. pag. 53. The proceedings of the Lords Commissioners Friday Morning October the 21st § 2. p. 54. The Bishop of Chesters Speech pag. 55. Proceedings Friday Afternoon pag. 62. Proceedings Saturday Morning Octob. 22d § 3. Ibid. Proceedings Saturday Afternoon pag. 63. The Lords Commissioners Letter to my Lord President October 22d § 4. pag. 63. The Account sent of the Lords Commissioners procedings till the Evening of October 22d with some supplemental Additions from the Bishop of Chesters Notes and Dr. Thomas Smiths Diary § 4. pag. 65. to 71. The Vice-Chancellor of Oxfords Programma which was published by the Vice-Chancellor without any complaint of the Lords Commissioners as by mistake is expressed § 5. pag. 71. My Lord Presidents Answer to the Lords Visitors Letter of the 22d of October § 6. pag. 72. Dr. Staffords paper in defence of Dr. Houghs Election c. § 7. pag. 74. The Bishop of Oxfords Proxy § 8. pag. 76. The Kings Mandate to the Lords Visitors to Admit the Bishop of Oxford or in his absence by his Proxy if the Fellows refuse to Admit him § 9. pag. 77. 78. Dr. Thomas Smith's Answer about Admitting the Bishop of Oxford § 10. pag. 79. The Admission of the Bishop of Oxford by his Proxy pag. 80. Other proceedings on Tuesday Morning § 11. p. 81. Submission of the Fellows to the Bishop of Oxon conditional § 12. pag. 81. Sentence against Dr. Henry Fairfax and his protestation against the proceedings of the Lords Commissioners § 13. pag. 84. 85. Papers from Mr. John Gilman Dr. Thomas Smith and Mr. William Craddock § 14. pag. 86. 87. The Answer of the Lords Commissioners to the Lord Presidents Letter of the 23d of Octo. § 15. pag. 87. The Account the Fellows gave in concerning their Hospitality and Charities § 16. pag. 90. 91. Dr. Thomas Smiths paper upon the same account § 17. pag. 92. Proceedings Thursday Morning Octo. 27. § 18. pag. 94. The Lord Presidents Answer to the Lords Commissioners Letter of the 25th Octo. § 19. pag. 94. 95. Proceedings Friday Morning Octo. 28. § 20. pag. 96. A paper of the Fellows Justifying their Election § 21. pag. 96. 97. The Fellows refusing to submit to what was required § 22. pag. 95. Dr. Bayleys explication of his Submission § 23. pag. 98. Mr. George Fulhams Answer to the Question about submission and the Sentence of Expulsion against him § 24. pag. 100. SECT II. The Second Visitation by Adjournment of St. Mary Magdalen College by the Lords Commissioners pag. 101. The Kings Mandate for Mr. William Joyner and Mr. Job Allibon § 1. pag. 102. The Lord Bishop of Chesters Speech § 2. pag. 103. to 112. The form of the Petition and Submission required of the Fellows and Mr. Thompsons Answer § 3. pag. 112. 113. Dr. Aldworths Reply and Justification of himself § 4. pag. 114. The Decree of the Lords Commissioners of Expulsion of the Fellows that would not submit § 5. pag. 116. The protestation of the Expelled Fellows § 6. pa. 117. Mandates for other Fellows Ibid and pag. 118. The proceedings of the Lords Commissioners at Whitehall after the return of the Lords Visitors from Oxford § 7. pag. 118. 119. The Sentence of Incapacitating the Expelled Fellows § 8. pag. 120. 121. The Method the Author intends to proceed in pag. 122. CHAP. III. OF the Nature and Constitution of the Societies of the Liberal Arts such as Colleges and Vniversities are pag. 123. SECT I. Concerning Incorporations in General and the Privileges granted to the Vniversities of Oxford and Cambridge by our Kings or by the Popes pag. 123. How all sorts of Societies and Corporations are Founded by the King. § 1. pag. 123. How all Colleges and Corporations are made such by the King. § 2. p. 124. Things requisite to a Corporation § 3. pag. 125. The end for which Corporations are constituted § 4. pag. 126. The power of conferring Degrees in Universities conferred on Subjects by the Sovereign § 5. pag. 127. 128. SECT II. From whom the Vniversity of Oxford hath had 〈◊〉 it's Privileges pag. 129. The Kings of England sole Donors of privileges during the Saxons time § 1. pag. 129. Privileges granted by Kings after the Conquest § 2. pag. 130. The Pope confirms them pag. 131. King Henry 3d. grants privileges during his pleasure § 3. pag. 132. Privileges granted by King Edw. 1st pag. 133. And King Edw. 2d pag. 134. And King Edw. 3d. Ibid. And King Rich. 2d § 4. pag. 135. Inferences from the before recited Charters pag. 136. And from those of King Hen. 4th and King Hen. the 5th and King Hen. 6th § 5. pag. 137. The Method of Founding a College § 6. pag. 137. 138. The confirmation of Pope Sixtus the 4th § 7. pa. 138. The Charters of King Henry the 8th and his power over the Universities § 8. pag. 140. Wrong Printed § 9. King Hen. 8th retaining the Statutes of the University § 10. pag. 141. Falsly § 11. The King seizeth all the privileges § 11. pag. 142. CHAP. IV. COncerning the Visiting of the Vniversities and particularly of that of Oxford pag. 144. SECT I. Concerning the Kings Supremacy and Power in Ecclesiastical Causes and Visitations pag. 144. What power the Kings of England used before the Conquest § 1. pag. 144. In what particulars some of our Kings exercised a power in Ecclesiastical matters § 2. pag. 145. Of Investiture of Bishops § 3. pag. 148. Concerning the Admitting the Popes Legats here Ibid. and 149. Disputes betwixt the Arch-Bishop of Canterbury and the Popes Legats § 4. pag. 150. How the Popes Legats exercised greater power in latter times § 5. pag. 151. The Arch-Bishop of Canterbury Created Legatus Natus § 6. pag. 152. When the Style of Legatus a Latere began to be used here § 7. pag. 153. How the Legats power was allowed by the King in Visitations c. Ibid. and pag. 154. Concerning Arch-Bishops and Bishops Visitations § 8. pag. 155. How the King promoted Bishops c. § 9. pag. 155. How far the Canons were allowed here § 10. pag. 155. 156. Secular Courts Judged here what was to be held of Ecclesiastical Cognizance § 11. pag. 156. The Application of this Discourse to the matter of Visitation c. § 12. pag. 157. In what particulars our Kings claimed not Ecclesiastical Administration § 13. pag. 157. 158. How the Pope obtained greater power § 14. pag. 158. The Kings Supremacy asserted by King Henry the 8th § 15.
they could or did say by way of Objection and given such Answers to them as the matter required and shall take notice of the late Treatise called A Relation of the Proceedings c. Containing only matters of Fact published on purpose to make the generality of the people favor the Ejected Whereas I hope to make it appear that the King might have proceeded in a summary way and if he had pleased inflicted severer punishments upon them than the Commissioners have done and tho' at some times there seems to be a dutiful behavior in the Fellows and expressions that were agreeable to the condition of humble Subjects and a plea of tenderness of Conscience in not daring to break their Oaths yet in effect whenever they were put upon a pinch whether they would yield to the King's Authority and acknowledge themselves to have acted contrary to their Duties they never would own they had been in the wrong which was the true cause why those that refused to subscribe the submission that was at last proposed to them were so Expelled and however some might at first Interpose for them as the Bishop of Winchester did in the following Letter yet in the progress of this Discourse I shall make it clear that in former times greater punishments than that of Expulsion even to Imprisonments have been Inflicted upon such as have shewed less obstinacy and contempt of the Authority of their Sovereign I now proceed to the Bishop of Winchesters Letter to my Lord President upon the first noise of the Mandate §. 3. The Bishop of Winchesters Letter to my Lord President My Honored Lord. THe Obligation I have upon me as Visitor of St. Mary Magdalen College Oxon occasions this Address For I am informed that great endeavors are used with his Majesty to Recommend one Mr. Farmer who is not at present nor ever was Fellow of that College to be President of it which is directly contrary to the Statutes of the Founder as I am confident some who promote Mr. Farmer 's Interest cannot be Ignorant of And were there not many persons now actually Fellows and several who have formally been in particular the Bishop of Man and Dr. Jessop very Eminent for their Learning and Loyalty and every way qualified according to the Statutes I should not press your Lordship to lay the concern of the College which hath upon all occasions expressed it's Zeal and forwardness in defence of the Crown and as I particularly know in the great affair of the Succession before his Majesty who I hope will leave them to the Rules of their Statutes which have (a) (a) The contrary to this will be made out in Ancient and late times by several instances of this College and others hitherto excepting in the times of Rebellion been constantly observed and which will be the highest satisfaction to that truly Loyal University and promote his Majesties service which has always been the endeavor of Farnham Castle April 8th 1687. To the Right Honorable the Earl of Sunderland President of the Council and One of his Majesties Principal Secretaries of State. These Your Lordships most humble Servant P. Winchester I now shall proceed to give an account what the Vice-President and Fellows did and begin with their Petition to the King upon their notice of the Kings Mandate §. 4. To the King 's Most Excellent Majesty The Petition of the Vice-President and Fellows of St. Mary Magdalen's College in Oxford Most Humbly Sheweth VVE have been Credibly Informed that Mr. Anthony Farmer who was never of our Foundation has obtained your Majesties Recommendation to be President of this your Majesties College in the Room of Dr. Henry Clark lately Deceased We do therefore with all Submission as becomes your most Dutiful and Loyal Subjects most humbly represent to your Sacred Majesty that the said Mr. Anthony Farmer is a person in several respects uncapable of that Character according to our Founders Statutes and do most earnestly beseech your Majesty as your Majesty shall judge fittest in your most Princely Wisdom either to leave us to the discharge of our Duty and Consciences according to your Majesties late Most Gracious * Not Toleration as the Oxford relation hath it Declaration and our Founders Statutes or to Recommend such a person who may be more serviceable to your Majesty and this your Majesties College And Your Majesties Petitioners shall ever Pray c. Charles Aldworth V. P. Henry Fairfax S. T. D. Alex. Pudsey S. T. D. Tho. Smith D. D. John Smith D. D. Tho. Bayley D. D. Tho. Stafford L. L. D. Main Hammond S. T. D. Rich. Strickland M. A. Henry Dobson M. A. James Bayley M. A. John Davys M. A. Jas Thompson M. A. Francis Bagshaw M. A. James Fayrer M. A. Joseph Harwar M. A. Tho. Ludford M. A. Tho. Goodwin M. A. Rob. Hyde M. A. Edw. Yerbury M. A. Rob. Holt M. A. Stephen Weelkes M. A. §. 5. THe foresaid Petition is Endorsed as Dated the 10th of April 1687. And delivered to my Lord President by Dr. Thomas Smith and Captain Bagshaw I find among the other papers delivered me from the Register one from Dr. Thomas Smith read and published at a Meeting of the Fellows at his Return from presenting the foresaid Petition In these words Gentlemen IT is my opinion for I will not pretend to call it by any other Name much lefs by that of advice leaving every one here present to the liberty of his own judgment that his Majesty not having thought fit upon our late Application to him to Revoke his Royal Mandate nor as we pray in the close of the Petition to leave us to our own choice according to the direction of our Founders Statutes nor to recommend such a person as may be more serviceable to his Majesty and to the College We most humbly Petition the King again and represent the several respects referred to in our Petition which render Mr. Farmer incapable of being Elected and admitted President of the College This Method and procedure being most prudent and dutiful and fit to be entered upon immediatly The King having interposed his Royal pleasure and Authority which if it had not been done I readily acknowledge that we not only might but ought to proceed to the Election of a President in that very Instant according to the express Letter of the Statute in every particular But for this let every one concerned be his own Casuist These are my private Thoughts and upon mature deliberation I conceive that I should be very defective in my Duty to the King and my Respect to you whatever Mis-interpretation some possibly may frame of it If I had not made you acquainted with them at this meeting St. Mary Magdalen College April the 14th 1687. Tho. Smith D. D. §. 6. I Insert this for the honor of this Gentleman who is known by his Learned Writings which give account of his Travels to the Port and through part of Greece
would have been Aggravations of the former Contempts which upon better thoughts you desired and we gave you leave to withdraw What other Men who are led by Populacy which is the Fools Paradise but the Wise Mans scorn say of us while we are doing our Duty to God and the King we value no no more than what they dream of us For we set a greater estimate upon our own Duty than other Mens thoughts and will discharge our Consciences faithfully whatsoever becomes of our Credit We can allow those who are dis-affected to the Crown and to the Church of England to talk of us at their own Rate we shall vindicate the Kings Authority and redeem it from Contempt by all Just and Lawful means But yet Gentlemen the great concern we have for you and our earnest design to rescue you out of danger if you are not sturdily resolved to cast away your selves obliges us to offer you once for all that if you will freely and presently make such submission to His Sacred Majesty as the Heinousness of your Offences do's in our Judgment require we will pass by your faults and recommend you heartily to Gods and the Kings Mercy and accordingly we require the Deputy Register to Read the Form of such a submission to you as the Court upon mature deliberation hath judged necessary for them to expect and require in Point of Justice as an expiation for all the former dis-obedience and contempts of which they have found you guilty which they that are willing and well resolved may immediately Sign and the rest of you are Commanded to withdraw excepting Dr. Thomas Smith and Mr. Charnock with whose good behaviour towards His Sacred Majesty in the concern before mentioned we declare our selves to be well satisfied and doubt not but that His Majesty will be so too when we shall have further occasion to represent it to him §. 3. After the Bishops Speech all were ordered to withdraw Register except the Fellows and the Form of a Submission was ordered to be Read to them in the words following To the Kings Most Excellent Majesty The Humble Petition and Submission of the Fellows of St. Mary Magdalen College in the Vniversity of Oxford whose Names are Subscribed May it please your Majesty WE your Majesties most humble Petitioners having a deep sense of being justly fallen under your Majesties displeasure for our disobedience and contempt to your Majesty and to the Authority of your Majesties Commissioners and Visitors We do in all humility prostrate our selves at your Majesties Feet humbly begging your Pardon for our said Offences and promising that we will for the future behave our selves more Dutifully and for a Testimony thereof we do acknowledge the Authority of your Majesties said Visitors and the Justice of their Proceedings and we do declare our entire Submission to the Lord Bishop of Oxon as our President He then told them that their Subscribing the same was the only means that could recommend them to His Majesties favour But all the Fellows to whom the said submission was proposed * Dr. Thomas Smith had not the Question proposed to him having been absent from the College during the heat of the contest and wholly unconcerned in it by which it appears how false the Oxford Relation p. 37. 38. is being severally ask't the Question peremptorily refused to subscribe Mr. Thompson desired to be excused from subscribing for that he had given his Vote for Mr. Farmer and had not concurred with the Society in any thing they had done since in this business and declared that he never had been disobedient nor ever would be whereupon their Lordships excused him §. 4. Dr. Aldworth desired The Oxford Relation is thus p. 37. 38. in the Name of himself and the Fellows time to consider of the submission and give their Answer in Writing to whom the Bishop of Chester said they must every one Sign or Refuse as they were called And Baron Jenner said there was no Answer to be given but Yea or No They all moved again for time but it was denyed then Dr. Aldworth said My Lords this is my first appearance before your Lordships since your sitting here therefore I pray to be heard My Lords I am as ready to comply with the Kings Pleasure as any Man living neither do I know that we have ever in this place been disobedient to the King when ever 't was in our Power to obey his Commands Our Founder in the first Clause of the Oath we take at the Election hath provided that no one shall be President of this College but who was bred in this or in the College wherein he himself was bred now for us who have Elected Dr. Hough a Person Qualified according to our Statutes who hath been Installed Sworn Confirmed and Approved of in all the ways and manners prescribed in the Statutes For us my Lord to accept and admit of a Stranger and a Forreigner in his place is to the best of my understanding a giving up the Rights of the College to other uses than the Founder designed it Here Dr. Aldworth was Interrupted by the Bishop of Chester saying the Statutes were over-ruled by the Kings Authority or words to that effect To which the Dr. Answered your Lordships sit here as Visitors which Implies there are certain Laws and Statutes which we are bound to observe and by which we are to be Governed and if it shall appear to your Lordships that we have Acted conformable to those Statutes I hope we shall neither incur the Kings displeasure nor your Lordships The whole Tenor of our Statutes run that we should Inviolably maintain our Right and observe the Rules of our Founder He has laid his Curse upon us if we vary from them here he repeated the words Ordinamus sub poena Anathematis Indignationis Omnipotentis Dei ne quis c. Item sub Interminatione Divini Judicis Interdicimus To which the Bishop of Chester reply'd are you not to obey the King as well as your Founders Statutes To this the Vice-President Answered I ever did obey the King and ever will do our Statutes which we are Sworn to are Confirmed by several Kings and Queens before and since the Reformation and as we keep them are agreeable to the Kings Laws both Ecclesiastical and Civil Whilst we live up to them saith the Printed Relation and whilst we keep up to 'em we obey the King. The Bishop of Chester reply'd the Statutes were never Confirmed by his present Majesty to which Dr. John Smith said neither have they been Repealed by His Majesty The Mandate being an Inhibition repeals them for the present time by Dispensation and what is not Repealed is Confirmed After this their Lordships pressing either to Sign or Refuse Dr. Aldworth said My Lords I 'll deal plainly in regard to my Oath and the Statutes to the Right of all our Successors and of Dr. Hough whom I believe
and in defence of the Doctrin of the Church of England As also to let all know how happy it had been if the Fellows had hearkned to his honest sober and faithful advice which was assented to by Dr. Aldworth Dr. Fairfax and Dr. Pudsey at their private Conference before proceeding to Election tho' they after changed their minds ☞ It hath been the practice in former times and according to the Canon Laws that when any Superior enjoyned any matter upon Inferiors which they judged to be prejudicial to their Rights It was their Duty rescribere to Write to the Prince or other Superior to shew him wherein by such Mandate their Rights were invaded or what other inconveniences might ensue and not to proceed forthwith to do that which was forbid especially not to proceed to Election as here they did when the King had after their Petition presented to him expressed himself that he would be obeyed In Duty and Obedience therefore they should have stayed their Election and represented their Case more particularly and it is most certain that the neglect of this and the contempt of the Kings Authority were the Original causes of all that hath befallen them but I shall leave this and proceed in the matters of Fact. §. 7. My Lord President to the Bishop of Winchester Whitehall April the 16th 1687. My Lord I Have received your Lordships Letter of the 8th Instant with an Address or Petition inclosed in it from St. Mary Magdalen College in Oxford which I laid before the King who had before granted his Mandate in behalf of Mr. Farmer to be Elected and Admitted President of that College and being since informed that notwithstanding the same they have made Choice of Mr. Hough His Majesty Commands me to acquaint your Lordship that his pleasure is you should not Admit Mr. Hough to be President till further Order from him Lord Bishop of Winchester I am MY LORD Your Lordships most humble Servant Sunderland P. This being sent to the Bishop he returned this following Answer the next Day My Honorable Lord THis Morning I received yours of the 16th Bishop of Winchesters Answer by the hands of Mr. Smith one of His Majesties Messengers In which your Lordship signifies to me His Majesties pleasure not to Admit Mr. Hough to be President of St. Mary Magdalen College Oxon until further Order from him But Mr. Hough being Yesterday Morning presented to me by some of the Fellows of the College as Statutably Elected I did according to the Trust reposed in me by the Founder after he had taken the Oath enjoyned by the Statute Admit him Presdent and am certain when the Statutes of the College are laid before His Majesty he will find that I have not violated my Duty in performance of which I never was nor ever shall be remiss as I desire you to assure him from Farnham Castle April the 17th 1687. Your most humble Servant P. Winchester §. 8. By the Statutes there are five days allowed for the Bishop of Winchester's confirmation ☞ By this it appears how sedulous the new Elected President and the Fellows were to have the Election confirmed presuming that this being done the President would have a Legal Right and could not be removed but by course of Common Law But I hope to shew hereafter that the practice of the Kings of England and of the Visitors appointed either by the Kings or the Popes the latter of whose power our present Laws give his Majesty hath been to dispense with Statutes and to place and displace for disobedience Heads of Colleges and Fellows by the significaton of their Royal pleasure or to Impower Visitors by Commission to do the same and of this it cannot be conceived that the Members of the College could be Ignorant but that they rather were animated to lay hold of this opportunity to see if they could dispute the Kings Authority or which is of equal concern to many render the King's Actions disobliging whereby they might gain the point of raising iealousie and male-contentedness in peoples minds with which designs I will not charge all the Members of the Society But it is too apparent that those who underhand encourged them to persist in their opposition designed some such matter I now pass to their Application to his Grace the Duke of Ormond their Chancellor and the Representing their Case in the best dress they could and shall only note at present that these were like to have little effect since they were the justifyings of their actions upon such slender grounds as in the sequel will be made appear and carried no tokens of relenting or repentance for their by-past disobedience so that the King could not look upon them as any Acts of theirs that might induce him to a Clemency or Pardon where they would not own their failor of duty but were a denial of his Sovereign and Supreme Authority of dispensing and being obeyed contrary to the known Laws and practice of his Royal Predecssors as I shall make clear when I come to Answer their Objections and shew the obligation to their Oaths of owning the Kings Supremacy and the Sovereign Jurisdiction the King hath to alter and make null their Statutes that any ways Impugn his Prerogative over such Societies and Corporations which owe their Foundation and subsistence to the Royal pleasure and may be proceeded against when the King pleaseth by a more sever method of Quo Warrante whereby they may be totally suppressed Whereas the King in great Clemency proceeded only by way of Visitation which is a most undoubted Prerogative of the King that must ever be owned by those who question the extent of the Ecclesiastical Commission I now proceed to the Address the Society made to his Grace the Duke of Ormond as followeth §. 9. The President and Fellows of St. Mary Magdalens College Oxon to the Duke of Ormond then Chancellor May it please your Grace VVE the President and Fellows of St. Mary Magdalens College in Oxford sensible of the Honor and Benefit we enjoy under your Graces Patronage and how much it Imports us to have recourse to your Advice in all those difficulties wherewith we are prest having as we fear displeased His Majesty in our late Election of a President do humbly beg leave to represent to your Grace a true State of our Case and hope you will please to Inform the King how uncapable we were of obeying his Commands His Majesty was pleased upon the Death of Dr. Henry Clark President of this College to Command us by his Letter to Elect and Admit Mr. Anthony Farmer into that Office a person utterly uncapable of it by our Statutes as we are ready to make appear in many particulars And since we have all taken a positive Oath of obedience to them and that Exclusive of all Dispensations whatsoever We humbly conceive we could not obey that Command in favor of Mr. Farmer unless he had brought those Qualifications with him
of the same and of the due Execution hereof you are to certifie unto Us at the next Court. Given under Our Seal the 29th day of July 1687. To Thomas Atterbury and Robert Eddows Or either of them §. 10. The Answer of the Fellows why they obeyed not the order of the 22d of June At the Court held c. the 29th of July 1687. Mr. Anthony Farmer was heard upon the complaint exhibited against him by Magdalen College I find nothing more relating to him entred in the Register therefore since the Information against him and his defence are to be reckoned among the Attentatar as the Civilians Style them and are no ways material to the discussing or clearing the Authority of His Majesty or the Lords Commissioners I shall wholly omit any account of them and proceed to what was done in the Court. The Answer of the Fellows of St. Mary Magdalen College in Oxon whose Names are hereunto subscribed being Deputed by the rest of the Fellows of the said College made to the Citation of the Right Honorable the Lords Commissioners of Ecclesiastical Affairs c. THe said Fellows on the behalf of themselves and the rest by whom they are Deputed do Answer that they humbly conceive that the Order mentioned in the said Citation was not Legally served upon them for that Dr. Alexander Pudsey only was desired by the Messenger to call a Meeting of the Fellows to publish the said Order which he declared he could not do for that he was Burser of the said College and had no Authority to do the same nor was the said Order particularly directed to him but to the Fellows in General as the Messenger there declared And when one of the Fellows desired of the Messenger to have it Read the said Messenger refused it saying his directions were to Communicate it to the Fellows at a Meeting whereas the said Fellows cannot meet together till they are Statutably called Saving which Declaration of the said Messenger the Respondents were wholly Ignorant of the Contents of the said Order until the forementioned Citation of the First of July was served upon them And that in the ordinary course of Law all Decrees and Orders of Courts are served and executed by the Ministers and Officers of the said Courts but not by any person or persons upon or against themselves as they conceive the present Case is Alexander Pudsey Tho. Bayley Tho. Ludford Aug. 5th the Deputies of the Fellows attend Out of the Register and give in their Answer in Writing as before recited which being Read were dismissed SECT III. The Transactions from the Mandate for the Bishop of Oxford to the Lords Commissioners Visiting St. Mary Magdalen College §. 1. The Kings Man late to the Fellows c. to Admit the Bishop of Oxford President THe King being willing to place such a President over the College as by the Character he bore in the Church being Bishop of the Diocess might be an Honor to the Society was Graciously pleased to grant the following Mandate JAMES R. TRusty and Beloved 14th Aug. 1687. We Greet you well Whereas the place of President of that Our College of St. Mary Magdalen is now void Our Will and Pleasure is and We do hereby Authorize and Require you forthwith upon receipt hereof to Admit the Right Reverend Father in God Samuel Lord Bishop of Oxon in the said place of President to hold and enjoy the same with all the Rights Priviledges Profits Emoluments and Advantages thereunto belonging any Statute or Statutes Custom or Constitution to the contrary in any wise notwithstanding wherewith we are Graciously pleased and do accordingly hereby Dispense herein We bid you farewell Given at our Court at Windsor the 14th day of August 1687. In the Third Year of Our Reign By His Majesties Command Sunderland P. Superscribed To Our Trusty and Well-beloved the Senior Fellow of St. Mary Magdalen College in Our Vniversity of Oxford or in his Absence to the Senior Fellow resideing there and to the rest of the Fellows of the said College Note that this Mandate was sent after the hearing of Mr. Farmers cause before the Lords Commissioners whose Accusation is Printed in a late Book without his Reply on purpose to vindicate the proceedings of the Electors of Dr. Hough but since there was no Juridical Sentence upon it and the stress of the Case lies not upon his qualifications I shall pass it by and next insert my Lord Presidents Letter pursuant to the Mandate §. 2. My Lord Presidents Letter to the Senior Fellow of the College c. Bath August the 21st 1687. SIR THe King having been pleased by his Letter Mandatory to require the Fellows of St. Mary Magdalen College to Admit my Lord Bishop of Oxford President of that College His Majesty Commands me to let you know that Immediately upon receipt hereof he would have you Assemble the Fellows and Communicate to them His Majesties said Letters and I am further Commanded to tell you that His Majesty expects ready obedience to be paid to his pleasure herein I desire you will send me an Account of your Proceedings as soon as you can that I may acquaint His Majesty with it I am SIR Your Affectionate friend and Servant Sunderland P. To the Senior Fellow of St. Mary Magdalen College To this Dr. Pudsey returned the following Answer §. 3. The Answer of Dr. Pudsey the Senior F 〈◊〉 llow to the foresaid Letter May it please your Lordship UPon Saturday the 27th of August last at Night I received His Majesties Letter Mandatory together with your Lordships In behalf of the Right Reverend Father in God Samuel Lord Bishop of Oxon which I the next Morning Communicated to the Fellows and Read them in the Chappel with all deference to His Majesty and your Lordship the Answer that was given to me was that they humbly conceived the place of the President to be full And because your Lordship requires an Account of the Proceedings of the Society in this matter I send their own words Unanimously agreed upon and in Compliance to your Lordship with all Celerity of dispatch My request is that your Lordship would accept of this Letter with Candor and favorably Interpret it as to the point of Obedience and that I may have the Honor of being accounted Mag. Coll. Oxon. Aug. 28th 1687. Your Lordships most faithful and most humble Servant Alexander Pudsey Subscribed To the Right Honorable the Earl of Sunderland Principal Secretary of State. By this Letter is appears that the Fellows persisted in their obstinacy in not paying obedience to the Kings Second Mandate for admitting the Bishop of Oxford their President §. 4. The Coppy of the Bishop of Oxfords Letter to the Senior Fellow of St. Mary Magdalen College in Oxon or in his absencé to the Senior Fellow residing there Upon the Receipt of the Kings Mandate the Bishop Writ the following Letter to the Senior Fellow of St. Mary Magdalen
prove like the Sin of Witch-craft but the latter will be better accepted than Sacrifice because in that you only offer up a beast to God but in this you Sacrifice your Passions you slay them and offer them up to Gods service Remember Error seldom goes in Company with Obedience and that none are so likely to find the way to Eternal happiness in the end as they who follow the Conduct of their Superiors from the beginning not with Eye service as Men pleasers but in singleness of Heart Fearing God and the King and whatsoever you do do it heartily as unto the Lord and not unto us Men And the Lord give you understanding in all things The Speech being ended the Lords adjourned till the Afternoon to the Common Room of the College FRIDAY Afternoon AT which time the Court being sat Dr. Hough in behalf of himself and the Fellows demanded a Copy of their Lordships Commission which was denyed him and the Court ordered to proceed and then admonished the Fellows to produce the Registery of the College Affairs and also to give an account of what Leases had been Lett for two Years last past together with the Benefactions given to the College and likewise ordered them to bring in the Buttry Book to Morrow Morning to which time they adjourned §. 3. SATVRDAY Morning October 22d 1687. DR Hough was called in and it appearing to their Lordships that his Election to the Presidents place was made null and void by a Sentence given by the Lords Commissioners for Ecclesiastical Causes and that he the said Dr. Hough had legal notice of the same but notwithstanding the said Sentence he had and did still refuse to submit thereunto The Court ordered him forthwith peaceably to depart the College and deliver up the Keys of the Lodgings and struck his Name out of the Buttry-Book and having so done declared to the Fellows that he was Actually Expelled and admonished them not to own him as their President Then the Court askt the Fellows whether they would amdit the Bishop of Oxon their President according to the Kings Mandate but all of them refused except Mr. Charnock but said they would not oppose it Then adjourned till the Afternoon SATVRDAY Afternoon DR Hough came into the Court and made his protestation against the proceedings and appealed from the same as Illegal Unjust and Null as he asserts Whereupon there was a Tumultuous Hum or Acclamation made by the by-standers which gave the Court some disturbance in so much that they thought fit to bind over Dr. Hough in 1000 l. and two Sureties in 500 l. each to appear at the Kings Bench and again admonished Dr. Hough to quit the College which he accordingly did that Night Then adjourned to Tuesday Morning Thus far out of the Register But because the Paper sent with the Letter to the Earl of Sunderland is more full in several particulars I shall Insert it after the following Letter together with such Additions as the Bishop of Chesters own Journals afford me §. 4. The Lords Commissioners sent the Following Letter to my Lord President Dated 22d October 1687. MY LORD BY His Majesties Messenger See the Answer to this after the Programma §. 6. we have sent your Lordship a particular account of our proceedings here to which we humbly refer in which your Lordship will perceive the Temper of that Society My Lord we hope your Lordship will easily believe that we are not unwilling to do any thing which may vindicate the Kings Honor and Authority but we humbly desire to be well advised by your Lordship in the Methods of it for we are now a little at a stop by reason of the Bishop of Oxon's not appearing in Person having no Power as we humbly conceive either by the Kings Mandate or by our Commission to Admit him by Proxy His Majesties Letter Mandatory for the same being directed to the College who all but two or three do as yet refuse it We therefore humbly Pray your Lordship to dispatch His Majesties Mandate directed to Us to Admit the Bishop or his Proxy or that you would please to give us some other Directions such as your Lordship in your Great Wisdom shall Judge more expedient We do crave leave also to Intimate to your Lordship that it is our humble Opinion that We cannot proceed any further then Expulsion against Dr. Hough which your Lordship will find already done according to the Power we have by the Commission and we humbly Pray your Lordships Pardon and further Commands which shall be readily obeyed by His Majesties most Dutiful Subjects and Your Lordships most humble Servants Tho. Cestriensis R. Wright Tho. Jenner My Lord since the Writing of this Letter We have reason to believe we shall have an entire submission from the College on Tuesday next for Dr. Hough since his Expulsion hath left the College and taken Lodgings in the Town §. 4. The account sent by the Lords Commissioners of their proceedings till Saturday night Octob. 22. Oxford the 22d Octob. 1687. HIs Majesties Commissioners for Visiting the College of St. Mary Magdalen in Oxford Note that what is conteined betwixt these is what is in the Bishop of Chesters and Dr. Thâ—mas Smiâ—hs Diary and not in the Account sent by the Lords Commissioners Friday Afternoon being Yesterday viz. Thursday the 20th of October come at the time appointed viz. Friday Octob. 21. for the President Fellows and Schollars thereof to appear their Lordships took upon them the Execution thereof My Lord Bishop of Chester made a Speech to them upon the occasion of the Visitation and after an adjournment of the same to the Afternoon there then appeared Dr. Hough and several of the Fellows and most of the Schollars and Officers of the College Dr. Hough objected to the shortness of the time from the notice of the Visitation and prayed a Copy of the Commission and time to consider of it which was over ruled by the Court saying that if he and they could take any advantage from the Commission he hoped the King and their Lordships did not intend to bar them of it And in his own Name and the greatest part of the Fellows said that he submitted to the Visitation so far as was consistent with the Laws of the Land and the Statutes of the College and no further and that he could suffer no alteration of the Statutes neither by the King nor any other Person for which he had taken an Oath from which he could not swerve and thereupon Quoted the Statutes confirmed by King Henry the Sixth and their Oath that they should submit to no Alteration made by any Authority The Oxford Relation saith that my Lord Chief Justice answered you cannot Imagin 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 Law Then the Sentence given the 22d Day of June 1687.
Against Dr. Hough's Election and for the removing him from the Office of President of the College was Read and he was asked whether he knew of it being given against him He replyed he had notice of it but said he was no party to it and so was advised it did not any wise concern him The Sentence likewise against Dr. Aldworth and Dr. Fairfax for suspending them was Read and the Petition of Dr. Aldworth Dr. Fairfax and others delivered to my Lord President on the Tenth of April last being about Five Days before their Election of Dr. Hough was also Read to them to which was replyed that they had no * It was Answer sufficient to have obliged them not to have proceeded to Election till they had particularly made out their Information against Mr. Farmer Answer from my Lord President but that the King expected to be obeyed and they receiving no other Mandate than that for Admitting Mr. Farmer they proceeded to Elect Mr. Hough Then after their Lordships orders to them to bring in some Books viz. The Register and other Papers relating to the Revenues and Government of their College which the Doctor promised they should have next Morning they adjourned to Eight of the Clock this Morning SATVRDAY Octob. 22d VVHo being met and such Books brought in Dr. Hough being called in The words of the Account are their Lordships proceeded and proposed these two Questions to Dr. Hough whether he was willing c. the Bishop of Chester told him Doctor here is a Sentence under Seal before us of the Kings Commissioners for Visiting the Universities by which the Election to the Presidentship of Magdalen College is declared Null and Void which you heard Yesterday Read and of which you Confess your self to have Legal notice before by being fixed upon the Doors This Sentence and the Authority by which it was passed you have contemned and in contempt thereof have kept Possession of the Lodgings and the Office of President to this day to the great contempt and dishonor of the King and his Authority Are you yet willing upon better and second thoughts to submit to the Sentence passed by their Lordships against you or not To which he Answered that the Decree of the Commissioners is a perfect Nullity from beginning to End as to what relates to him he having never been Cited nor ever appeared before them either in his Person or Proxy Besides his Cause it self was never before them Their Lordships never enquiring or asking one question concerning the Legality or Statutableness of the Election These Arguments will particularly be answered for which reason he is informed that That Decree was of no validity against him according to the Methods of the Civil Laws but if it had he was possessed of a Freehold according to the Laws of England and Statutes of the Society having been Elected as Unanimously and with as much Formality as any of his Predecessors Presidents of the said College and afterwards Admitted by the Bishop of Winchester their Visitor as the Statutes of the College required and therefore he could not submit to that Sentence because he thought he could not be deprived of his Freehold but by Course of Law in Westminster-Hall or by being some way Incapacitated according to the Founders Statutes which are Confirmed by King James the First Second Question put to Dr. Hough was whether he would deliver up the Keys and Lodgings as by a Clause in the Statutes of Admission he is tyed to do to the use of the President who hath the Kings Letters Mandatory to be Admitted into that Office. To which he Answered that there is not neither can there be any President whilst he Lives and obeys the Laws of the Land and the Statutes of the place and therefore doth not think it reasonable to give up his Right nor the Keys and his Lodgings now demanded of him He takes the Bishop of Winchester to be his Ordinary Visitor and yet he would deny him the Keys he takes the King to be his Extraordinary Visitor as he believes but it had been controverted whether the King had Power to Visit as in Coveny's Case 4 o. Eliz. and looked upon their Lordships Commanding it to be a requiring him to deliver up his Office. He said he had appeared before their Lordships as Judges and that he now Addressed himself to them as Men of Honor and Gentlemen and did beseech them to represent him as Dutiful to His Majesty to the last degree as he always will be where his Conscience permits to the last Moment of his Life and when he is Dispossest here he hopes they will intercede that he may no longer lie under His Majesties displeasure or be frowned upon by his Prince which would be the greatest affliction that could befall him in this World. Then their Lordships admonish'd him three times to depart peaceably from the Presidents Lodgings and to Act no more as President or pretended President of the College in Contempt of the King and his Authority which he refusing to do Mr. Lee Proctor to the Lords accused his Contumacy and prayed the Judgment of the Court The words of the Account are then the Lords proceeded to give Judgment against him viz. That he forth with c. which was thus pronounced The Lords Commissioners for Ecclesiastical Causes and for Visiting the Universities have Decreed the Presidents place of this College to be Null and Void Therefore we by the Authority to us committed do Order and Command you Dr. Hough forthwith to quit all pretensions to the said Office upon which they Ordered his Name to be struck out of the Buttry-Book which was accordingly done and admonished the Fellows and other Members of the Society no longer to own him as their President Then the Kings Mandate for Admitting the Bishop of Oxford was Read See for this sect 2. § 3. and they were then Ordered to withdraw and being soon after called in again the Question was put to the Fellows singly one by one whether they would Admit the Bishop of Oxford their President according to the Kings Mandate Dr. Pudsey said he would submit to the King and would be by but could not Act being Burser Dr. Thomas Smith replyed From Dr. Smiths Diary See his other Answer §. 10. My Lords Commissioners if it be the Kings pleasure to make the Bishop of Oxford President of this College and your Lordships Acting by that Authority have declared and made him such I do because I must submit I make no opposition Mr. Charnock said he was ready to obey the Kings Mandate all the rest of the Fellows refused to receive him as President as being against their Statutes and Oaths and that which would make them guilty of Perjury All whose Verbal Answers were taken in Writing by the Lords Commissioners and their Lordships after some time said if you think we have not taken the Answer right put them in Writing
if they would Admit and Instal the Bishop of Oxford made President by the King and declared such by their Lordships Dr. Pudsey being first asked the Question refused to Act but seemed to yield to be present Dr. Thomas Smith being askt the same Question by the Bishop of Chester Read the following Answer My Lords Commissioners I Answer with all Humble and Dutiful submission to the Kings Majesties Authority and your Lordships Visitatorial Power That it is not in my Power to do this Your Lordships who have deprived Dr. Hough and have declared the Bishop of Oxford President may Instal him This Method being altogether new and extraordinary I cannot be satisfied how I can or ought to be the Executioner of your Lordships Sentence Besides I beg leave to propose a short Case to your Lordships whether or no I can Instal or give Possession without being Impowered and Authorized by a Rule out of the High Court of Chancery or Kings Bench for my Security if there were nothing of Conscience in the Case To this the Lord Chief Justice replyed to this purpose that as they were His Majesties Commissioners for this Visitation they had the Kings Power of Chancery and Common Law. Then the Lords adjourned to the Chappel * The words of the Register are and forthwith admitted the Bishop of Oxon Presi ent by his said Procurator from thence they adjourned to the Presidents Lodgings and finding the Door lockt demanded the Keys but they being not to be sound they ordered the Door to be broken open which was accordingly done and the Lords went in and viewed the said Lodgings having so done adjourned to the Common Room and Entred the Bishops Name as President in the Buttry-Book where the Bishop of Chester put Mr. Wiggins into the Presidents Seat where he took the Oaths which the Statutes enjoyn to the President at his Admission and the Oath of Allegiance and Supremacy the latter of which the Bishop of Chester Ordered him to take upon his Knees which he did accordingly then their Lordships Conducted him to the Door of the Presidents Lodgings where knocking Thrice and the Doors not being opened they returned to the Common Room and Commanded Mr. Atterbury to fetch a Smith to knock open the Door which was done accordingly their Lordships being present all the while and none of the Fellows but Mr. Charnock assisting or being as much as present at either of the performances §. 11. Then their Lordships being returned to the Common Room Oxford Relation pa. 30. they Entred the Bishops Name into the Buttry-Book Dr. Fairfax saith the Oxford Relation desired leave at leisure to speak and being permitted he told their Lordships that they had been doing that which he by no means could consent to The Bishop of Chester told him he was big to be delivered of his own Destruction and asked him if he would submit to the Bishop of Oxon Installed President by Vertue of the Kings Mandate to which the Doctor Answered he would not nor could not because they had a Statutable and Legal President already Register And the Lords having ask'd the Fellows if they would now submit to the Bishop of Oxon as their President they desired time and their Lordships gave them till the Afternoon to consider of it and the Court ordered them to give in an Account of what Gifts or Provisions were made by the Statutes for poor Travellors c. to Morrow Morning Then the Lords demanded of them if they had Elected or Admitted any Members since the Kings Inhibition to which they reply'd that they had Admitted none but Mr. Holden who was Fellow Elect before and his Year of Probationship Expired and if he had not then been Admitted he must have stood Expelled by their Statutes Then adjourned till two in the Afternoon §. 12. TVESDAY Afternoon THe Fellows being called in Register the Question was again put to them whether they would submit to the Bishop of Oxon as their President to which they gave in an Answer in Writing as followeth VVHereas His Majesty has been pleased by His Royal Authority The submission of the Fellows to cause the Right Reverend Father in God Samuel Lord Bishop of Oxon to be Installed President of this College we whose Names are hereunto Subscribed do submit as far as is Lawful and agreeable to the Statutes of the said College This Clause was Equivocal Alex. Pudsey Tho. Bayley Tho. Stafford Charles Hawley Rob. Almont Mainwaring Hammond John Rogers Hen. Dobson Ja. Bayley Jo. Davys Fran. Bagshaw Joseph Harwar Geo. Hunt. Tho. Bateman Willi. Craddock Jo. Gilman Geo. Fulham Hen. Holden Steph. Weelks Charles Penyston Dr. John Smith gave in a Paper Writ and Signed by himself in the same words Dr. Thomas Smith gave in his Paper of submission as followeth in § 14. The Demys subscribed a Paper in the same Form whose Names are Tho. Holt Senior Samuel Cripps Sam. Jenifar Rich. Adams Rob. Standard Rich. Vessey Charles Goreing John Brabourn Geo. Stonehouse Lawrence Hyde Geo. Woodward Charles Alleyn Willi. Fulham Rich. Watkins Dan. Stacy Willi. Sherwin Jo. Renton Maximilian Bush Ben. Gardiner Tho. Welles Willi. Bayley Tho. Higgains Jo. Cross Tho. Hanson Hen. Levet Harington Bagshaw Benjamin Mander The Chaplains subscribed the like whose Names were Tho. Mander Hen. Holyoake Tho. Brown. Fran. Haslewood The Choristers subscribed the like whose Names were Sam. Broadhurst Charles Wotton Tho. Price John Bowyer Tho. Turner John Shutleworth Edward Slack Willi. Inns. Miles Stanton Richard Wood. Rob. Wordsworth Joseph Stubbs The Clerks subscribed the like submission whose Names are Stephen Nicols Charles Morgan John Smith Willi. Ledford Willi. Harris Tho. Ryley Jo. Russel Tho. Williams The under Porter of the College would give in no Paper of submission The Oxford Relation saith that to the submission Oxford Relation the Clause was added and no ways prejudicial to the Right of Dr. Hough Page 31. In the Original Paper I found it scored out and as the Relation saith it was yielded to by the subscribers because the Lord Chief Justice and Barron Jenner as Judges declared that it was insignificant since nothing they should do could Invalidate Dr. Hough's Title but lest them still at liberty to be Witnesses for him or any other way serviceable to him in the Recovery of his Right upon which assurance the Society * If this be as related it shews the great condescention of the Lords Commissioners to have won them to obedience was prevailed with to leave it out §. 13. The Lords askt Dr. Fairfax if he owned their Jurisdiction Out of the Register Octo. 25th 1687. to which he reply'd (a) His words were under Correction I do not that he did not then he was askt if he would submit to the Bishop of Oxon as President to which he refused to do (b) His words were I will not nor cannot because he is not my Legal President And the Sentence was
pronounced against him That whereas he had denyed the Authority of the Court and in Contempt of the Sentence of Suspension given against him by the Lords Commissioners at Whitehall taken his Commons and Battled in the College as a Fellow of the College notwithstanding his said Suspension the Court proceeded to deprive him of his Fellowship and Ordered his Name to be struck out of the Buttry-Book The Sentence pronounced against him I find in the Register tho' not in this place in the words following By His Majesties Commissioners c. WHereas in our Visitation of the said College it appeareth unto us that Henry Fairfax Doctor in Divinity one of the Fellows of the said College has been guilty of Dis-obedience to His Majesties Commands and obstinately contemned his Royal Authority and doth still persist in the same we have thought fit upon mature consideration thereof to Declare Pronounce and Decree that the said Dr Henry Fairfax be Expelled and Deprived of his said Fellowship and accordingly we do hereby deprive him and Expel him from the same Given under our Seal the 25th day of October 1687. Then the Lords issued the following Order By His Majesties Commissioners c. WHereas we have thought fit to Deprive and Expell Dr. Henry Fairfax from his Fellowship in the said College you and either of you are hereby required to cause our said Sentence and Decree a Copy whereof is hereto annexed to be affixed on the Gate of the said College to the end that due notice may be taken of the same and of the due Execution hereof you are to certifie us Given under our Seal the 25th of October 1687. To Thomas Atterbury and Robert Eddows Or either of them He then gave in his Protestation against their Proceedings which the Court over-ruled and ordered him to depart and quit his Lodgings in the College in Fourteen Days Then the Doctor prevailed with much a do saith the Oxford Relation to Read the following Protestation and left it in Court which was as followeth I Henry Fairfax Fellow of St. Mary Magdalen College Dr. Fairfax's Protestation do under my former Answer heretofore made and to the Intent it may appear that I have not consented nor agreed to any thing done against me to my prejudice I protest that this Sentence given here against me is Lex nulla and so far forth as it shall appear to be aliqua I do say it is iniqua injusta and that therefore I do from it as iniqua injusta appeal to our Sovereign Lord the King in his Courts of Justice as the Laws Statutes and Ordinances of this Realm will permit in that behalf Henry Fairfax §. 14. The under Porter deprived Then the Lords askt Robert Gardiner the Under Porter if he would submit to the Bishop of Oxon as President of the College which he refusing to do the Lords deprived him of his Office and adjourned the Court till the next Morning Mr. John Gilman's Paper I find thus That the Statutes of the College This Paper is mis-placed and should have been October 22d Afternoon to which I am positively Sworn are the only Rule of my Actions and Obedience in this and all other Cases of the like Nature and I conceive the Bishop of Oxon has not those Statutable Qualifications which are required therefore I cannot Assist at the Admission of the Bishop of Oxon. The submission of Dr. Thomas Smith was as followeth Dr. Tho. Smiths submission which he gave in when the Fellows gave in theirs I have put here by it self because I would not mix it with the other given in in Writing also MY LORDS I Own from my Heart and acknowledge the Kings Supremacy I do now and will always pay all Dutiful Just and Humble Obedience to His Majesties Authority as becomes a Priest of the Catholic and Apostolic Church of England Establish'd by Law. I make no exception to the Legality of your Lordships Commission nor to the exercise of it in this present Visitation I am ready and willing to obey in licitis honestis the President whom the King has pleased to Constitute President when ever he shall come and preside in the College Thomas Smith D. D. The Paper given in by Mr. Craddock was as followeth ABout Six Years since This Paper was given in October 22d Afternoon when I was made Fellow by the Kings Permission I took an Oath that I would not be dispensed with from my Local Statutes by which Statutes and Oaths it does not belong to me to Admit any Man President besides I conceive Dr. Hough cannot be Legally dispossessed of the Presidentship of Magdalen College till he has Appealed to Westminster or an Higher Court and till then I shall not cease my obedience to him Willi. Craddock I shall now insert the Lords Commissioners Answer to my Lord Presidents last Letter and then proceed in the Narrative §. 15. The Answer to the Lord Presidents Letter of the 23d of October Oxon the 25th October 1687. MY LORD IN Obedience to your Lordship of the 23d Instant and the Kings Letters Mandatory we have this day Installed the Lord Bishop of Oxon's Proxy by placeing him in the Presidents Seat in the Chappel and some while after Dr. Hough having left the College and the Keys being deny'd us we caused the Doors of the Lodgings to be broken up and gave his Proxy Possession thereof My Lord we proceeded to examin the Fellows concerning their submission to the Lord Bishop of Oxon now their President their Answers were Unanimous in scriptis that they would all submit but Dr. Fairfax whom for that and denying the Jurisdiction of the Court and Contempt of his former Sentence of Suspension we have Deprived and Ejected and one Robert Gardiner a Porter all the rest of the College we left this Night in good temper and the Bishops Servants in quiet Possession We have likewise looked into the Constitutions Orders and Statutes of the College and cannot find any of the Society to have offended therein or in mis-applying their Revenues They having given us as we conceive a clear Answer to the Accusation against them for Imbezling such a part of it as was pretended to be set a side for Pilgrims and poor Travellors which we will bring up and transmit to your Lordship * * Here may be noted how tender the Lords Commissioners were and willing to have won them to obedience And this we must say my Lord that generally they have behaved themselves with great regard and deference to His Majesties Command saving in that particular whereof we gave your Lordship an account in our last and even for that they have expressed a very hearty sorrow and submission and we do humbly conceive that the Bishop of Oxon when he comes in Person to the College which he promises suddenly to do so soon as his health will give him leave will be best able to find out those faults of
of Chester reply'd that they did not expect of them to Confess a Capital Crime only to make some acknowledgment To which Mr. Fulhum said This is according to the original the Oxford Relation varying in words tho' not in Sense My Lords we were ordered to Address our selves as having acted in Contempt of His Majesties Authority which he looked upon as so great a Crime that upon no account he would be guilty of My Lords continued he I did obey His Majesty as far as I could to the utmost of my Power and your Lordships having been pleased to accept the submission on Tuesday I humbly conceive your Lordships are engaged that nothing further be required of me of what I have done being Conscious of no Contempt to His Majesties Authority To which the Bishop of Chester Answered you are a very forward speaker and abound in your own Sense Mr. Fulham reply'd he hoped their Lordships would give them leave to speak when their Fortunes were so considerably at Stake as their own Relatoin saith Then Dr. Bayley desired their Lordships to give him leave to explain what he meant by the word submit By this it appears how necessary it was to have a more clear and full submission subscribed in his Answer on Tuesday viz. The word Submit was to be understood with reference to the King and that he did not intend it as a submission to the Bishop as Lawful President §. 23. Upon this a fresh Question was put to the Fellows whether they would obey the Bishop of Oxon as their President in licitis honestis to which all except one or two Answered they would not Upon this Question put to Mr. Fulham he Answered that he could not confess any Crime or Offence done against the King that Dr. Hough having been Duly Elected and Admitted President he thereby obtained a Right which he was not satisfied that he had any ways forfeited therefore he could obey no other Person as President The Bishop of Chester asked him if he would obey the Bishop of Oxon as in Possession to which according to the Relation of those who Writ down what he spoke in Court he thus Answered The Oxford Relation palliates this Answer that he could not submit otherwise then as it was agreeable to the Law of the Land and Statutes of the College without prejudice to the Right of the Election of the Fellows and that he humbly conceived the Bishop was violently and unjustly put into Possession and that it should have been by the Posse Comitatus Then my Lord Chief Justice said Not as the Oxford Relation hath it that their Oxford Law was no better then their Oxford Divinity that their Oxford Divinity was better than their Oxford Law If they had a mind to a Posse Comitatus they might have it soon enough to which Mr. Fulham said he intended nothing but respect to their Lordships and had endeavored to speak and behave himself with due Reverence and desired their Lordships would put a favourable construction of what he said as the Oxford Relation saith The Sentence of Suspension against Mr. George Fulham Then all were Commanded to withdraw and the Buttry-Book called for after which Mr. Fulham was called in with the rest and the Bishop of Chester said to him Mr. George Fulham whereas you have openly and in Opprobrious Language Contemned the Authority of the Court we Suspend you from the profits of the Fellowship during the Kings pleasure and you are accordingly Suspended of which all the Fellows and other Members of this College are Commanded to take notice and to the rest his Lordship further said whereas there are several Fellows absent who are in Contempt of His Majesty that they may not suffer for want of greater notice then they have yet had we do direct and order you who are Fellows now present to give them notice by the usual Methods and to take notice your selves that we have adjourned this Court till Wednesday the 16th of November ensuing to be held at this place at Nine in the Morning SECT II. The Second Visitation by Adjournments of St. Mary Magdalens College by the Lords Commissioners §. 1. The Kings Mandate for Mr. Willi. Joyner and Mr. Job Allibon THe Lords Commissioners having in this Interval of time Communicated their Proceedings to His Majesty and by his appointment to the rest of the Lords Commissioners at Whitehall The three Lords Commissioners Visitors took their Journy to Oxford where upon the 15th of November they arrived WEDENSDAY the 16th of November 1687. At Nine of the Clock in the Morning Proclamation being made the Statute-Book and Buttry-Book were Ordered to be brought in Then Mr. William Joyner and Mr. Job Allibon were called and the Mandate for their Election was Ordered to be Read which followeth JAMES R. RIght Reverend Father in God Right Trusty and Well-beloved and Trusty and Well-beloved We Greet you well Being Informed that there are two Fellowships now Vacant in St. Mary Magdalen College by the Expulsion of Dr. Fairfax and the Death of Thomas Ludford and having received a good Character of the Learning and Sobriety of Our Trusty and Well-beloved William Joyner and Job Allibon We have thought fit hereby to Authorize and require you forthwith to Admit the said William Joyner and Job Allibon into the Fellowships lately enjoyed by the said Dr. Fairfax and Tho. Ludford with all the Rights Privileges and Profits Perquisits Emoluments and Advantages whatsoever thereunto belonging without Administrating any Oaths to them but that of a Fellow Any Law Statute Custom or Constitution to the contrary notwithstanding with all which We are pleased to Dispense in this behalf and for so doing this shall be your Warrant And so We bid you heartily farewell Given at Our Court at Whitehall the 11th Day of November 1687. In the Third Year of Our Reign By His Majesties Command Sunderland P. This being done Register the said Mr. Joyner and Mr. Allibon were Admitted Fellows of the said College taking only the Oath required by their Statute-Book to be taken at the Admission of a Fellow and their Names were Entred into the Buttry-Book Then the Fellows were called in except those hereafter to be mentioned and Dr. Younger who was excused being in waiting upon her Royal Highness the Princess of Denmark several Certificates were produced to excuse Mr. Charles Hawles Mr. Edward Maynard Mr. John Hicks Mr. Thomas Goodwin Mr. Francis Smith Mr. Robert Holt and Mr. Robert Thornton §. 2. The Lord Bishop of Chesters Speech The Fellows being thus Convened the Lord Bishop of Chester made this following Speech GENTLEMEN YOur Vndutiful and I might say your Ingrateful behavior towards His Majesty for Six Months last past your obstinate froward and unreasonable stiffness to so good and Gracious a Prince was that which brought this present Visitation upon you which how great a sin it was against God whose Vicegerent you have contemned beyond all
Moderation and Reason how great a scandal to our Religion how great a stain to the liberal and ingenuous Education which this Society would afford you and how very mischievous it will be to your selves at last I endeavored to convince you at the first Opening of our Commission Since which time some of you have been so unreasonably inconsiderate and obstinate as to run yet farther upon the score of His Royal Patience and Pardon for which you are now to receive the just and necessary Animadversions of this Court that the Honor and Authority of the King may be Vindicated and the Peace of Church and State not be endangered by your Impunity or our Connivance at this your petulant humor and contumacious behavior No Subjects can be wise or safe but they who are so sincerely honest as to take all fair occasions of doing their Prince acceptable services and executing his Will Reputation abroad and Reverence at home are the Pillars of safety and Soveraignty these you have endeavored as much as in you lies to shake nor can the King hope to be well served at home or observed abroad if your punishment be not as public as your Crimes No Society of Men in this or the other University ever had so many Male-contents and Mutineers in it as this College your continual clashings and discords sometimes with your President at others with your Visitor and so frequently among your selves ever since his late Majesties happy Restauration have been too public to be concealed I have more than once heard your late Visitor of Pious Memory bewaile the great unhappiness of this Noble Foundation in being over-stockt with a sort of Men whom a wantonness of Spirit had made restless and unquiet who would never be satisfied whose disease was fed by Concession and then most violent when they knew not what they would have You have been long experienced in the Methods of Quarreling with your Visitor President and your selves and by these steps you are at last arrived to the top and highest degree of insolence which is to Quarrel with your Prince which as it dis-honors your Religion so it Proclaims your Pride and Vanity for every dis-obedient Man is proud and would obey if he did not think himself wiser than his Governor You have dealt with His Sacred Majesty as if he Reigned only by Courtesie and you were resolved to have a King under you but none over you and till God give you more self denyal and humility you will never approve your selves to be good Christians or good Subjects whose Patience and Petitions are the only Arms they can ever honestly use against their Prince You could not be ignorant of the Kings being your Supreme Ordinary by the Antient Common Law of this Land of which the Statutes are not Introductory but declaratory you have Read what Bracton says de leg lib. 1. c. 8. ◠5. who was Lord Chief Justice of England for Twenty Years in Henry the Thirds time Nemo de factis suis praesumat disquirere multò minùs contra factum suum venire Now His Majesty the Fifth of April sent his Letters Mandatory to you to Elect and Admit one Mr. Farmer into your Presidents place then void by the Death of Dr. Clark your last President Whom the Tenth of April you represented to His Majesty as incapable of that Character in several respects and besought him as His Majesty should think fittest in His Princely Wisdom either to leave you to the discharge of your Duty and Consciences according to his late Gratious Declaration and your Founders Statutes or to recommend such a person who might be more serviceable to His Majesty and the College This Paper was delivered to my Lord President the Tenth of April and on the Fifteenth of April without expecting His Majesties Answer as your Hypocritical submission would have persuaded all Charitable Men to believe you did and would expect in Contempt of his former Mandate which had the force of an Inhibition you proceeded to Elect Dr. Hough for your pretended President Upon the first notice whereof the Sixteenth of April my Lord President sent a Letter by His Majesties Command to the Bishop of Winchester not to Admit him But they who have ill designs in their Heads are always in hast by which you surprized your Visitor which occasioned my Lord President the 21st of April to Write another to you to let you know how much the King was surprized at your Proceedings and that he expected an Account of it Then were you Cited before the Ecclesiastical Commissioners at Whitehall where upon mature deliberation and a Consultation had with the best Common Lawyers and Civilians Dr. Houghs Election was declared void the 22d of June and he amov'd from the same by their Lordships just Sentence Of this you were certified by an Instrument under the Seal of the Court of the same Date affixed to your College Gates which being dis-obeyed you were once more Cited by an Instrument of the first to appear before their Lordships the 29th of July to Answer your Contempts You pretended when you came before their Lordships that you were deeply affected with the late Sense of His Majesties heavy dis-pleasure and beg'd leave to prostrate your selves at His Royal Feet offering all Real Testimonies of Duty and Loyalty as Men that abhorr'd all stubborn and groundless resistance of His Royal Will and Pleasure So said and so done had been well but you were resolv'd it seems to give him nothing but good words and that your Practice should confute your Profession I wish you had known in time as well as you pretended to do how entirely your welfare depended upon the Countenance and Favour of your Prince it would then have been as great a grief to you to have dis-obeyed His Majesties Commands as it was a guilt and will be a punishment both in this Life and that to come if not repented of in time On the 14th of August His Majesty signified His Will and Pleasure to you by His Letters Mandatory and thereby Authorized and required you forthwith to Admit the Bishop of Oxon into the place of President any Statute or Statutes Custom or Constitution to the contrary notwithstanding wherewith he was Graciously pleased to dispense to which he expected your ready obedience but all in vain for to your shame be it spoken you had done an ill action and resolv'd to set your busie Wits on work to defend it And Conscience the old Rebellious Topick must be call'd in at a dead lift to plead for you But you are not the first who have mistaken an humor or a disease for Conscience your scruples were not such but that they might without sin have been Sacrificed to your Princes pleasure as a Peace-offering to the Father of your Country to your Mother Church and to the good of this and all other such Charitable Seminaries of good Learning and Religion and Men as wise as you perhaps may think
§. 6. An account of the whole matter as in the Parliament Roll. I shall now give an account of the matter as it appears in the Parliament (d) Rot. Parl. 13 H. 4. N. 15. Roll. First there is the arch-Arch-Bishops Petition to the King that with the Assent of the Lords Spiritual and Temporal and the Commons Assembled in the said Parliament the Schedule Annexed might be confirmed Which Schedule contains the Declaration of King Richard the Second as it is to be found in Mr. Pryn wherein it appears that the ground of the Contest and differences was about a Bull of Exemption pretending to exclude the Arch-Bishop of Canterbury and his Successors and all other Ordinaries and Founders of the said University and Colleges from Visiting and all other Ordinary Jurisdiction which Bull by a venire facias was brought into the Chancery at Westminster and the Chancellor and Proctors shewed a sufficient Warrant under the Universities Seal to produce the Bull in Chancery and to answer there and to do and receive what should be ordered and determined by the late King Richard the Second and his Council as appears by the Records of the Chancery and after the Chancellor and Proctors for themselves and the University submitted themselves in the foresaid matters (a) Ordinationi definis ioni dicti nuper Regis to the Ordinance and Determination of the said King. ☞ The King after mature and fuller deliberation with his Council clearly considering that the Bull was procured in prejudice of his Crown and to the revoking or enervating of the Laws and Customs of his Realm and in favor and emboldning of Heretics and Lollards Murtherers and other Malefactors Ordained and by his Breve or (b) In fide Logeancia dilectione quibus sibi tencbantur Ac sub poena amissionis privilegiorum Universitatis praedictae sub forfeitura omnium aliorum quae sibi foris facere potuerunt ne dictam Bullam in aliqua sui parte exequi seu excercere seu Beneficium quoddam Exemptionis per Bullam illam aliqualiter reportare seu recipere presumerent Mandate Commanded and forbid the Chancellor Masters Doctors and Scholars of the said University on their Faith Allegiance and the love that they ought him and under the penalty of losing the privileges of the said University the forfeiture of all other things which they could forfeit that they presumed not to execute or exercise the said Bull in any part of it or any ways to presume to enjoy or receive any benefit of Exemption by the said Bull But to renounce all the Exemptions and Privileges contained in it before Richard Kendall the Kings Clerk and Notary and should transmit an Instrument for that purpose under the Seal of the said University by the said Clerk under the Penalties aforesaid After which follows the Kings Sentence as before In this part it may be observed how the King discovers his Authority and Prerogative over the University in injoyning them to renounce the Popes Bull and not to Execute c. The King may deprive the University of all privileges for disobedience it under the penalty there mentioned which demonstrates that for contempt and dis-obedience the King may not only Suspend and Deprive any Member of the University but take away all their Privileges c. which would be well considered by those who obstinately refuse to obey the Mandate of a King of England §. 7. The account of the latter Visitation Then follows the account of the later Visitation of the Arch-Bishop in the 12th 12. H. 4. of Henry the Fourth as before related where Richard Courtney the Chancellor and Benedict Brent and John Birch the Proctors opposed him and he and the University submited themselves to the Arbitrament Judgment Ordination and Decree of the King and the King Summoned them to appear before him at Lambeth upon the 17th of September where hearing all things and having consideration of the Submission made to King Richard and the Ordination Judgment and Determination of the same the King Confirmed and Ratified the same And further ordered if they obeyed not the Arch-Bishop c. all their Franchises Liberties and all the Privileges of the same University should be seized into the hands of the King and his Heirs till they performed it and the Chancellor and Vice-Chancellor and Proctors of the University for the time being and their Successors and the University shall pay to the King and his Heirs 1000 l. Then follows that this Schedule being seen and examined and understood with mature and diligent deliberation Note here the Kings peculiar power in passing an Act of Parliament The King in full Parliament affirmed and declared that all and every thing contained in the same Schedule were done Arbitrated Ordered Considered Decreed and Adjudged by him And the Lords Spiritual and Temporal and the Commons in the said Parliament who had full deliberation likewise of the same approved ratified and confirmed it Upon the whole matter of this great contest about the Arch-Bishops Visitation I think the King and the Parliament were at that time the more Inclined to confirm the Arch-Bishops power because that kept the Visitatorial power within the Kings Dominions and Excluded Exemptions which the State of England was rarely inclined to favor as being mostly as prejudicial to the Crown as the Bishops And Wickliffs Doctrin spreading the King was more willing the Arch-Bishop should Visit the University because it was his proper Office to see to the preservation of the Establish'd Religion and if the University had been left to the Visitation of the Chancellor the opinion of Mr. Wickliff might have the more encreased since the temper of the Members might have been changed from the Doctrin professed since so many in the University were then said to have embraced it §. 8. The reasons why the Author hath given so large an account of this I have insisted the longer upon this particular for two Reasons first to shew that the Government ordering and reforming of Universities were then Judged to be of Ecclesiastical Cognizance especially in those matters which appertain to the Doctrins taught in them which even in their Philosophical Disputes in some measure effected Religion even the taking of Degrees except in the faculty of Physic was in Ordine ad Spiritualia as appears in those Constitutions which prohibit any from having Benefices but such as had taken Degrees in Universities a further Illustration of the former of these Inferences I shall clear when I speak of Bishop Rippingdons Visitation Secondly The misapplication of Mr. Pryn. To shew the mis-application of Mr. Pryn who finding by the Transactions of King Richard the Second and King Henry the Fourth and those of King Charles the First concerning Arch-Bishop Lauds Visitation that those Kings determined the matter in favor of the Arch-Bishops thereby would Infer that the Visitation of the University of Oxford appertained to the Black
Imperium and in such matters the Graces and Favors of Preceeding Kings are alterable and suspendible at the pleasure of the Succeeding Sovereign who cannot be Impaired in any Act of his Sovereignty by his Predecessor so that to think that a King of England can by any of his Subjects Constitutions be bound from Visiting or giving his own Interpretation of the Statutes is a great weakness of which I shall Treat more fully in it's proper place and only Infer at present that the obligation of any Subjects Oath neither to take nor Admit of any Dispensation is in it self of no force to obstruct the Sovereign from dispensing and when he doth dispense no Oath is obligatory to any that hath Sworn to observe such Statutes as are not in being while he dispenseth with them ☞ Thus much I thought fit to offer as to what relates to the Secular power As to the Popes Dispensing it was very Incongruous and weak for any Founder to expect that the Members of the Society could oppose the Popes dispensation with any Statute which his Holiness for the time being should think fit to alter or Abrogate for as (a) Validum esse vosum aut Juramentum non petendi dispensationem aut relaxationem voti quamdiu animae volentis utilius est non petere dispensationem Superior tamen potest non obstante tali voto disoensare dispensatio valida est nam vetum subditi non aufert Superiori potestatem dispensandi Jurantes vel volentes c. sub paena ut si fecerint non possunt ab alio absolvi vel dispensari quam à summo Pontifice possunt adhuc absolvi ab Episcopo nam hujusmodi votum vel Juramentum non aufert Episcopis Jurisdictionem Ita communiter D. D. Disp 4. q. 2. punct 1. n. 28. 29. Bonacina determins that tho' the Vow or Oath of any not to seek for a dispensation or relaxation of them be valid as long as the Swearers Conscience is convinced it is profitable to his Soul to keep it and not to seek a dispensation as Rodrique and other School-men there Cited allow and so in like manner not to use a dispensation yet the Superior notwithstanding such a Vow or Oath may dispense and the dispensation is valid and Assigns the Reason for that the Vow of the Subject doth not take away from the Superior the power of dispensing as Azorius Cap. 19. Quaest 13. Sanchez lib. 4. Cap. 8. n. 35. yea he further observes that if one Vow the like is to be understood of an Oath not to do such or such a thing under the Penalty that if they do it they cannot be absolved or dispensed with by any but the Pope yet for all this they may be Absolved by the Bishop for he saith by this the Authority of the Bishop is not taken away Yea I find in Lessius (a) Unde etiam possunt dispensare in voto non petendi dispensationem hoc enim non est reservatum Lessius lib. 2. cap. 40. Dub. 18. n. 134. fol. 568. that the Confessors of the Mendicant Order can dispense with the Vow or Oath to take no dispensation and that by a Privilege Granted them by the Pope if they be partakers of the Faculties Granted to the Benedictines by Pope Martin the Fifth because this is not reserved SECT III. Some other Objections considered either relating to the Visitation in General or urged in Defence of some particular Members of the Society §. 1. A Second Objection I have met with is that the Bishop of Winchester being the Local Visitor appointed by the Statutes of Bishop Waynflet it seemed more agreeable to a formal proceeding that he should have exercised his power of Visitation before the King had ordered Dr. Hough c. to have been proceeded against by the Lords Commissioners for Ecclesiastical Causes To which I answer First in the Resolution of a very Eminent Lawyer that the Local Visitor is appointed and trusted by the Founder and thereby hath a private Trust But the King as King hath a public Trust by operation and construction of Law and by his Sovereign Authority and Jurisdiction is Supreme Visitor and may exercise that Royal Trust as those of the long Robe use to express his Prerogative sometimes when and as often as he pleaseth without any Commanding or expecting the Visitation of the Local Visitor and having the general care of and Inspection into the Manners and Duties of his Subjects may not only Visit Enquire into and Reform the Members of the College as to their Actions but also Visit the Local Visitor himself as to his doing and performances in or about his Trust Secondly It is certain the Arch-Bishop of Canterbury and the Bishop of Lincoln as I have by many Presidents cleared before have Visited notwithstanding the Local Visitors being appointed Therefore much more may the King who is Supreme Visitor Thirdly By the speedy Application of Dr. Hough to the Bishop of Winchester before I presume his Lordship could have notice of the Kings Inhibition he had Admitted him so that he was so far become a party concerned that it was no ways convenient for him to have proceeded in it Fourthly The Local Visitor is appointed only for the ease of the Crown in ordinary Cases But it cannot be supposed that if a Local Visitor should neglect to do his Office or should be partial there should not be a power in the Sovereign to order the Visitor seeing it would be a great deficiency in the Oeconomy of Government that a power should not be lodged some where to compel a Local Visitor to do his duty if he failed in it which can ultimately remain in none but the King. §. 2. The third Objection In the third place in the particular concerns of Dr. Hough it is urged See here p. 67. that the Sentence against him could not be good in Law since he was not Cited before the Lords Commissioners at Whitehall nor appeared in person or by Proxy before them nor had his cause brought before them when Sentence of Expulsion was given against him which those that are his favorers Censure as very hard usage that one should be condemned unheard In Answer to which it must be considered that the King by his Mandate having set aside and suspended the College Statutes for Electing a person Qualified within those Statutes and impowering the College by his Royal Command without breach of their Founders Rule and their Oath upon it to Elect a person not capable of being Elected by their College Statutes as hath been abundantly cleared in the last Section Dr. Hough was not to be considered as duely Elected and so revera was no President therefore could not be taken cognizance of as such But as Fellow he was Cited and did make appearance and was heard as the rest of the Fellows were and under other Circumstances he was not Legally to be taken notice of His cause likewise
Judges and parties So in this Case of St. Mary Magdalen College the King took away from the Fellows the liberty of choosing such a person as their Statutes obliged them to choose by the dispensing with the Statutes therefore in that he seems plainly to Inhibit their Electing of any according to the Letter of the Statutes as before I have cleared in the Answer to the Objection Chap. 7. Sect. 1. § 7. pag. 295. here to which I refer the Reader Therefore the Dilemma of Dr. Stafford seems to have no such contradiction in Terminis See here p. 73. 74. that his Majesty in Commanding the Fellows of the said College to Elect Mr. Farmer President should thereby prohibit them to Elect any other person whatsoever Because that power of Election is as much but no more than the Conge de eslier for a Bishop where the Title of Election is only pro forma but the Chapter can Elect none but who is Nominated by the King and for his being unqualified that is no sort of Objection since the dispensation as effectually casseth and nulls the Statutes enjoyning those qualifications for the time as if they had never been extant By such Mandates the King lays his Hand upon the Statutes Manus Appositionis Papae natura ea est ut omnium Inferiorum potestas per eam Ligata censeatur Idem cap. 12. limit 52. n. 15. which in Civil Law is Styled Manus Appositio Now I find two of those viz. the Popes laying on of Hands which is described to be of that nature that the power of all Inferiors is thought to be bound by it and the laying on of the Hand of the King hath the power of a Nullitive Decree and Derogation and works more than a Reservation the words of my Author are Idem cap. 4. declar 4. n. 6. Principis Manus Appositio habet vim decreti annullativi derogationis operatur plus quam reservatio Hence we may conclude by the Civil law that after the Inhibition tho' Tacit the Fellows ought not to have proceeded to Election no more than other Courts could go on in their process after an Inhibition Idem cap. 20. n. 14. according to that Rule processus post Inhibitionem factus Regulariter est ipso Jure nullus §. 7. That I may more clearly Answer this Objection See here p. 4. and shew that however the Bishop of Winchester in his Letter to my Lord President alleged that the Rules of the College Statutes had been hither to constantly observed excepting in the times of Rebellion A parallel case in King Edw. the 6ths time I shall give an account of one of the Presidents of this College who was no ways Statutably Qualified and yet was Elected by King Edward the Sixths Mandate I have deferred the Narrative of this The reason why the Author inserted this no sooner which I might have brought in sooner in hopes to have got a more particular account of it out of the Registers but tho' I have sollicited the procuring of it several ways yet by the taking away of one of the Keys where it was kept access could not be had to it So I Writ to Mr. Wood who Compiled the Learned and Laborious History of the Antiquities of that University in hopes that out of some of his Notes I might have been supplyed But I received the following Letter from him which giving me so little hopes of further Information I must content my self with what he hath published That part of his Letter relating to this matter is as followeth SIR VVHen I perused Magdalen College Registers A. B. C. c. in order to the drawing up the Histories of that House I did not in the least dream what would come to pass relating to the Office and Election of a President otherwise I should have Collected all and consequently have been more full in the matter What I have said of Dr. Haddon was from several Commendatory and Mandatory Letters and Answers to them in the Register E. all which being by me perused and finding them very tedious to recount I only made mention of them in General and have not so much as a Docquet of them by me c. June 2d 1688. A. WOOD. The History in short Wood Antiq. Oxon lib. 2. fol. 191. a. Gualterus Haddon Juris Civilis Doctor post multas inter Regem Societatem hinc Mandatorias illinc excusatorias literas quippe admissioni ejus omnes se strenue opposuere tandem ultimo Sept. Anno 1552. Electus est as to be found in the foresaid Author is thus Walter Haddon Doctor of Laws was bred in the University of Cambridge and took his Degrees there and so was neither of the Foundation of New College nor of St. Mary Magdalen College whereof he ought to have been a Member according to the Founders Statutes Yet King Edward the Sixth Anno 1552. 5 Regni by his Mandate Commanded him to be Elected President The Society opposed this Strenuously no doubt upon the like grounds that he was not Statutably Qualified this occasioned a re-inforcing the Mandates and the Excusatory Letters of the College However at last they yielded to the Kings Mandate and on the last of September the same Year he was Elected President This exactly parallels the present Case of St. Mary Magdalen College Yet we find the Kings Mandate then was at last obeyed and Dr. Haddon was Elected Whereas the late Ejected Fellows might have kept their Fellowship if they had but yielded to Admit the Bishop of Oxford or submitted to him and owned the Kings Authority which surely could not happen for want of knowledge of this precedent whereof if I can obtain a fuller account before the publication hereof I will insert it in an Appendix There is an Instance also of a President removed from his Office by the Bishop of Winchester as Visitor Idem ibid fol. 191. a. and what was alleged against the President Dr. Thomas Coveney was that he was not in Holy Orders and had treated some of the Fellows roughly this was betwixt the Years 1560. and 1561. the 3d. or 4th of Queen Elizabeth §. 8. The sixth Objection It is is Sixthly Objected in behalf of Dr. Fairfax See this in Dr. Fairfax's Case in the Oxford Relation f. 27. col 1. that his Suspension could not be according to the Rules of Law since it was for his not obeying the Kings Mandate in Electing Mr. Anthony Farmer and his Suspension was not affixed on the College Gates till five days after Mr. Farmer was proved before the Lord Commissioners to be uncapable by reason of his Immorality So that as the Sentence was severe so the Execution of it was more rigid after Mr. Farmer was exposed as they allege In Answer to this Answer it is well known that at the first hearing of Dr. Fairfax before the Lords Commissioners at Whitehall he denyed the Authority of the Court
generally are bred up to Divinity and the hours of Devotion Lectures in Divinity Disputations c. are mostly about Spiritual matters in Ordine ad Spiritualia and Grammar Schools being for Education Vertue and Learning are called Spiritual much more Colleges which are Founded ad Studendum Orandum and if there were none of these considerations yet it is well known that Colleges are to an Eleemosinary end and it is clear in the sense of the Law where persons are lay there may be a Spiritual end 11 H. 4.47 of which matter the curious may find more in * Keebles Reports 2d part page 166. c. Dr. Patricks Case As to the Statute of Magna Charta The Kings Prerogative is not against Magna Charta altho' it grants and confirms many Liberties and Immunities to the people yet it does not deprive the King of his Prerogative who hath the power to Create Courts at Law and give them Jurisdiction as also to Establish Courts by Commission for Regulating deceits oppressions frauds and other matters as seems best to his Royal Will which is no encroachment on our Liberties Temporal or Spiritual as is objected §. 13. The eighth objection concerning liberty of Appeals This leads me to the Eighth Objection made by the favorers of the Ejected Fellows viz. That it is contrary to the Laws of the Land that any person should be deprived of his Fellowship by the Lords Visitors without having liberty to Appeal to the King in his Courts of Justice See pa. 70. here as Dr. Hough words it in his Protestation against the Illegality and Inustice of the Lords Visitors Sentence against him See here pa. 116. and Dr. Fairfax in his Protestation in the same words with the Addition as the Laws Statutes and Ordinances of this Realm will permit in that behalf whose Case differed from Dr. Houghs in that particular that Dr. Fairfax had long enjoyed his Fellowship and was Ejected for his dis-obedience to the Kings Mandate whereas it was disputable whether Dr. Hough was lawfully Elected President But in one particular they alleged that their Cases were alike in that they might have remedy against all such dis-possession of Headship's or Fellowship's in the Kings Courts where relief in all Cases of Property and Free-hold ought to be had ☞ In Crroboration of this Dr. Coveneys Case urged they bring the Instance of Dr. Coveney as in the last Objection is urged that he being deprived by the Local Visitor and Appealing to the Queen by the advice of all the Judges it was held that the Queen by her Authority as Supreme Visitor could not medle in it but he must bring his Action at Westminster Hall because deprivation was a cause merely Temporal §. 14. The Answer In Answer to this First It is apparent in matter of Fact by what I have before from Records made clear that Heads of Colleges Chap. 5. sect 1. §. 10. sect 2. per totum sect 3. §. 3. Fellows c. have been Expelled and deprived by Commissioners for Visitation as appears in the places quoted in the Margent Secondly Coke Instit 4. fol. 339.340 341. Stephen Gardiners Case It is owned that it is not only an usual practice of the Crown to grant Commissions ad revidendum the former proceedings before the proper Judges but likewise the Kings have often granted Commissions with a Clause of Appellatione remota which is a definitive conclusive Sentence from which no Appeals lies ☞ For clearing the point more fully we may consider that the Statute 25 H. 8. C. 19. grants an Appeal from any of the Arch-Bishops Courts to the King in Chancery Appeals according to the Statute 25 H. 8. c. 19. where the King may by Commission Delegate others to determin that Appeal according to the direction of that Act but where Sentence is given by Commissioners Delegated by the Prince and not in any Bishops Court as by Visitation pursuant to the Statute 1 Eliz. c. 2. there Appeals from such a Sentence is not within the Statute of 25 H. 8. c. 19. Yet the King may grant a new Commission to revise the former Sentence Likewise there may be an Appeal to the King in person from all Courts Erected by his Prerogative Appeals to the King in person as from the High Court of Chancery Coke 4. Instit fol. 340. and it is upon Record by Commission 14 Jac. 1. as the words are 14 Jac. 1. par 6. n. 25. that it appertaineth to our princely care and office only to be Judge over all our Judges the meaning whereof can be no other than that from the Judges Sentence and Decrees there may be an Appeal to the King in person 2 Andersons Reports fol. 163. So by the Commission granted by the King to the Commissioners to Visit St. Mary Magdalen College in Oxford the Commissioners were a Court then only for that purpose created by the King Goodmans Case 4. Instit 340. and from any Sentence or Decree pronounced by them the Fellows might Appeal to the King in person but could not Appeal to any Court in Westminster Hall so that the Appeal to the King in Chancery is in such cases as are particularly limited in the Statute of matters in sits in the Courts of Bishops Rolls Abridgment part 2. fol. 233. as Judge Rolls observes who likewise affirms that if a suit be by a Commission General of the King no Appeal can be to the King in Chancery by the words of the Statute for in such Appeals to the King it must be General as he is Supreme Head of all Ecclesiastical Jurisdiction within the Realm and this must be by a Bill Signed by the King after which the King may grant a Commission to Delegates to hear it So that the case of Dr. Coveney is not rightly stated in the Allegation of those of Magdalen College The case of Dr. Coveney not rightly stated that because Dr. Coveney being deprived by the Bishop of Winchester Local Visitor and Appealing to the Queen it was adjudged that the Appeal did not lye because deprivation was merely Temporal and Tryable at Common Law Dyer's Reports fol. 209. for my Lord Dyer only shews that according to the Statutes of 24 and 25 H. 8. the Appeal was to be from a Sentence in the Arch-Bishops Court to the King in Chancery but Dr. Coveneys deprivation was not by any Sentence in the Arch-Bishops Court and consequently not within the Statutes to bring his Appeal to the Queen in Chancery Now the Artifice used by the favorers of the Fellows is The Artifice used by those of St. Mary Magdalen College in citing this case that they make Dr. Coveney to Appeal to the Queen without mentioning in Chancery and so it was not brought before the Queen as Supreme Visitor and so was not within the Statute either way since the deprivation was by the Local Visitor only and in that case his
commendando ipse vero Episcopus dictus Winton seu ipsius Vicarius aut Custos Spiritualitatis ejusdem cui dictam praesentationem fieri continget personam sic Electam absque morae dispendio sine processu judiciario absque impugnatione Electionis five Nominationis praedictae dicti Collegii praeficiat extrajudicialiter in Praesidentem Si autem Dominus Episcopus Winton aliusve ex praedictis personis ad quem dicti Praesidentis praesentationem spectare volumus ut praefertur per quinque dies a tempore Praesentationis praedictae sibi factae continue numerandos noluerit personam in forma praedicta Electam praeficere in Praesidentem ex tunc Electus hujusmodi eo ipso praesentis nostri Statuti vigore in Praesidentem dicti nostri Collegii sit praefectus pro vero legitimo perpetuo Praesidente inibi habeatur Praesidentem vero hujusmodi quemcunque Statim post praefectionem suam si hujusmodi praefectio tunc fiat primo coram illo qui ipsum praefecerit in Praesidentem subsequenter in praesentia omnium sociorum ipsius Collegii praesentium antequam quoquo modo administrat tactis inspectis per ipsum Sacrosanctis Evangeliis subscriptum praestare volumus juramentum Juramentum admittendorum in veros Socios EGo N. Juro ad haec Sancta Dei Evangelia per me Corporaliter tacta The Oath of a President or Fellow quod omnia Statuta Ordinationes hujus Collegii edita edenda per Reverendum in Christo Patrem Gulielmum Waynfleet Fundatorem praedictum ac omnia singula in eisdem Contenta quatenus personam meam concernunt vel concernere poterint secundum planum literalem Gramaticalem sensum intellectum inviolabiliter tenebo etiam observabo quantum in me fuerit teneri faciam ab aliis etiam observari c. Item quod non impetrabo Dispensationem aliquam contra juramenta mea praedicta vel aliquam particulam eorundem nec contra Ordinationes Statuta de quibus praemittitur aut ipsorum aliqua nec dispensationem hujusmodi per alium vel alios publice vel occulte impetrari vel fieri procurabo directe vel indirecte si forsan aliquam dispensationem hujusmodi impetrari aut gratis concedi aut acquiri contigerit cujuscunque fuerit Authoritatis seu si generaliter seu specialiter aut alias sub quacunque verborum forma concessa sit ipsa non utar nec eidem consentiam quovismodo sicut Deus me adjuvet haec Sancta Dei Evangelia Carolus Aldworth Vice-Praeses Johannes Smith S. T. P. Mainwaringus Hammond S. T. B. Henricus Dobson Artium Decanus Jacobus Fayrer Art. Mag. §. 4. Out of the Register At a Court held c. June the 13th 1687. The Vice-President and Deputies of St Mary Magdalen College in Oxford attend with their Answer which was Read and they being withdrawn the Lords Commissioners thought fit to put of the further consideration of that matter till the 22d Instant at Ten in the Morning at which time they were required to appear At a Court held c. the 22d day of June 1687. The Vice-President and the Fellows of St. Mary Magdalen College attend and are asked whether they had any thing else to offer by way of Answer Upon which they gave in a Paper containing an account of several misdemeanors committed by Mr. Anthony Farmer which being Read the Lords Ordered Mr. Farmer should have a Coppy of the said Paper and appointed to hear him upon it at the next meeting requiring some of the Fellows of the said College to attend at the same time and as to the business of the said College their Lordships made this following Order By His Majesties Commissioners c. VVHereas it appears unto Us The Lords Commissioners pronounce the Election of Mr. Hough void that Mr. John Hough Batchellor in Divinity has been unduly Elected President of St. Mary Magdalen College in the University of Oxford We have thought fit upon mature consideration thereof That the said Election be declared void and that the said Mr. John Hough be amoved from the said Presidentship And accordingly We do hereby declare pronounce and decree That the said Election is void and do amove the said Mr. John Hough from the place of President of the said College Given under our Seal the 22d of June 1687. §. 5. The Sentence of Suspension against Dr. Charles Aldworth and Dr. Henry Fairfax At the same Court these two following Orders were made By His Majesties Commissioners c. VVHereas Charles Aldworth Doctor of Laws Vice-President of St. Mary Magdalen College in the University of Oxford and the Deputies of the Fellows of the same have been convened before Us for their Contempt in not obeying His Majesties Letters Mandatory for Electing and Admitting Mr. Anthony Farmer President of that College And the said Dr. Aldworth and Deputies having been heard thereupon We have thought fit to declare pronounce and decree That the said Dr. Charles Aldworth shall for the said Contempt be suspended from being Vice-President of the said College and also that Henry Fairfax Doctor of Divinity one of the Fellows of the said College shall for the said Contempt be suspended from his Fellowship and accordingly We do hereby Suspend the said Dr. Charles Aldworth from being Vice-President of the said College and the said Dr. Henry Fairfax from his Fellowship in the said College Given under our Seal the 22d day of June 1687. By His Majesties Commissioners c. WHereas We have thought fit to declare The Order of the Lords Commissioners for the publication of the former decrees pronounce and decree that the Election made by you of Mr. John Hough Batchellor in Divinity to be President of St. Mary Magdalen College in the University of Oxford is void and to amove the said Mr. John Hough from the place of President of the said College And whereas we have thought fit to Suspend Dr. Charles Aldworth from being Vice-President of the same and D. Henry Fairfax from his Fellowship in the said College We do hereby enjoyn and require you to cause our Orders vacating the said Election and suspending the said Dr. Aldworth and Dr. Fairfax Copies of which Order under our Seal are hereunto annexed to be affixed on the Gates of the said College The Fellows Answer was not Read till the 5th of August to the end that due notice may be taken of the same And you are to Certifie Us under your Hands and Seals of the due Execution of what is hereby required Given under our Seal the 22d day of June 1687. Superscribed To the Fellows of St. Mary Magdalen College in the Vniversity of Oxford The Fellows studying all the ways they could to evade and refuse Obedience to the Kings Mandates or the Lords Commissioners Orders did it colourably in this particular as will appear in this following Letter §. 6. Mr. Atterbury's Letter concerning his reception
at St. Mary Magdalen College MR. Thomas Atterbury Messenger was sent with this Order to the College and he returns Answer June the 24th that he came thither that day and enquired for Dr. Pudsey who he understood was Senior Fellow upon the place and told him that he was directed by the Lords Commissioners to apply himself to him as Senior Fellow and desired him to Assemble the rest of the Fellows that he might deliver to them the Orders from the said Lords Dr. Pudsey reply'd That he did not Act as Senior Fellow for that he was made Burser but would endeavor to get him an Answer at Five a Clock as soon as Prayers were done at which time he told him that he had no power to Assemble the Fellows neither could he any ways do it so long as there was a President on the place the Fellows had no Authority to Act There being two or three Fellows with this Doctor one of them asked Mr. Atterbury to see the Orders to which he Answered If he with Dr. Pudsey and the rest would receive them he would deliver them to them but would not Read them So he shewed them the Indorsment that they were directed to them and offered to deliver them to them But they refused saying they had no Authority to call an Assembly neither could they do it therefore it was not fit they should receive them and being desired to tell him if that was their final Answer they said yes so he told Dr. Pudsey he must give a speedy Answer to the Register Mr. Bridgman to whom he sends this account and adds that the Doctor treated him with very good words and Invited him to Dine with them while he stayed in Town Thus far Mr. Atterbury's Letter I now proceed to what was done next §. 7. The Orders of the Lords concerning Mr. Farmer upon the Reading his defence At a Court held c. the 1st day of July 1687. Mr. Anthony Farmer gave in his Answer to the Complaint exhibited against him by the Fellows of Magdalen College which was Read and the Court Ordered to hear the matter at their next meeting when all parties concerned are required to Attend and that Compulsories should be granted to both sides for Witnesses e Registro The Form whereof was as followeth By His Majesties Ecclesiastical Commissioners for Ecclesiastical Causes c. YOu and either of you are hereby required forthwith to Cite and Summon James Fayrer Master of Arts of Magdalen College c. to appear personally before us in the Council Chamber Friday the 29th day of July Instant at Four of the Clock in the Afternoon then and there by vertue of this Citation as Witnesses to give their Testimonies in the matter depending before us betwixt the Fellows of St. Mary Magdalens College in Oxford and one Mr. Anthony Farmer under pain of the Law and Contempt thereof And of the due execution hereof you are to certifie us the day and year aforesaid together with these presents Given under our Seal the 1st day of July 1687. To Thomas Atterbury and Robert Eddows Or either of them July the 1st Their Lordships having been informed Out of the Register that their foresaid Order of June the 22d had not been obeyed Ordered the following Citation By His Majesties Commissioners c. WHereas We thought fit by our Order of the 22d of June last Citation of the Fellows for disobeying the former Order to enjoyn and require the Fellows of St. Mary Magdalen College in the University of Oxford to cause our Orders for the vacating the Election made by them of Mr. John Hough to be President of the said College and for Suspending Dr. Charles Aldworth from being Vice-President and Dr. Henry Fairfax from his Fellowship in the same to be affixed on the Gates of the said College and whereas we are given to understand that our said Order hath not been obeyed by the said Fellows You and either of you are hereby required to Cite and Summon the said Fellows of St. Mary Magdalen College requiring them to appear before Us in the Council Chamber at Whitehall upon Friday the 29th Instant at Four in the Afternoon to Answer the said Contempt and of the due execution hereof you are to certifie Us then and there Given under our Seal the first day of July 1687. Superscribed To Thomas Atterbury and Robert Eddows Or either of them §. 8. During this interim before the Fellows appeared before the Lords Commissioners the King according to former Presidents sends this following Inhibitory Mandate to the Fellows of St. Mary Magdalen College JAMES R. TRusty and Well-beloved Inhibitions sent to the Fellows neither to Elect nor Admit any Fellow or Demy till the Kings further pleasure was known which is according to former Presidents as in due place will be shown We Greet you well whereas We are informed that a Sentence or Decree lately made by Our Commissioners for Ecclesiastical Affairs touching an Election in that Our College hath not been obeyed Our will and pleasure is that no Election or Admission be made of any person or persons whatsoever to any Fellowship Demyship or other place or Office in our said College until We shall signifie Our further pleasure any Statute Custom or Constitution to the contrary notwithstanding And so expecting your ready obedience herein We bid you farewell Given at our Court at Windsor the 18th day of July 1687. In the third Year of our Reign By His Majesties Command Sunderland P. Superscribed To Our Trusty and Well-beloved the Fellows of St. Mary Magdalens College in Our Vniversity of Oxford §. 9. Order to Mr. Atterbury c. to affix the Decree concerning Mr. Hough Dr. Aldworth and Dr. Fairfax upon the College Gates The next Court was held the 29th day of July At which time I do not find that the Fellows of St. Mary Magdalen College did exhibit their Answer why they obeyed not the Order of the Lords Commissioners of the 22d of June nor that their Lordships required it but I find in the Register this following Order to affix the Sentence on the College Gates By His Majesties Commissioners c. WHereas We have thought fit to declare pronounce and decree Out of the Register that the Election made of Mr. John Hough Batchellor in Divinity to be President of St. Mary Magdalen College in the University of Oxford is void and to amove the said Mr. John Hough from the place of President of the said College And whereas We have also thought fit to Suspend Dr. Charles Aldworth from being Vice-President of the same and Dr. Henry Fairfax from his Fellowship in the said College you and either of you are hereby required to cause our Orders Vacating the said Election and Suspending the said Dr. Aldworth and Dr. Fairfax Copies of which under our Seal are hereunto Annexed to be affixed on the Gates of the said College to the end that due notice may be taken
learn from our Predecessors of those Rooms and as we may seem not without good grounds to believe since the Time that Pilgrimages were left off and dis-used here in England But my Lords if upon re-search which we will endeavor to make with all honest diligence we shall find any obligation lying upon us to use larger measures of Hospitality we assure your Lordships we will be just to that obligation and for the future will fully satisfie it as we will any other point of Duty which is Incumbent upon us as Fellows of the College This we hope will satisfie your Lordships at present and we humbly desire of your Lordships to make as we are assured your Lordships will do a fair and Candid Interpretation of this Answer to his Sacred Majesty whom God bless with long Life and an happy and glorious Reign Tho. Smith D. D. §. 18. The Stewards account Register THVRSDAY Morning the 27th Octob. 1687. THe Steward Mr. James Almont according to the Lords Order brought in an account in Writing of the Leases Lett and Fines taken for the two last years Then the Fellows desired that Dr. Aldworth their Vice-President his Suspension might be taken off his presence being so necessary at their Audit which was night at hand To which the Court reply'd that they must apply to the Lords Commissioners above who had Suspended him Then adjourned till Five in the Afternoon at which time they met and adjourned till the next day at Seven in the Morning before which Meeting the following Letter was delivered to the Lords §. 19. The Lord Presidents Letter to the Lords Commissioners in Answer to theirs of the 25th of Octob. Whitehall Octob. 27th 1687. MY LORDS I Have received your Lordships of the 25th and laid it before the King who Commands me to tell you that he thinks the Fellows who have submitted to the Bishop of Oxford as their President ought to make an Address to His Majesty asking Pardon for their late Offences and obstinacy and acknowledging the Jurisdiction of the Court and the Justice and Legality of it's proceedings in the whole matter His Majesty leaves the Wording of it to you and the manner of doing it but would have it done before you come away And if any Person shall refuse to joyn herein His Majesty would have you Expel them since he cannot look upon this which is called a Submission to be such indeed unless it be attended with these Circumstances The King is very well satisfied with the proceedings against Dr. Hough and Dr. Fairfax but thinks they deserve some further punishment and therefore when you return will have the whole Ecclesiastical Commission pass a Sentence of Incapacity upon them The King would have you before you come away By this it appears that the Fellows submission was expected place Mr. Willi. Joyner in the Fellowship lately enjoy'd by Dr. Fairfax and likewise appoint Judge Allibons ' Brother and Mr. Charles Goring to be Fellows of that College if there are two Vacances more If there is but one then Judge Allibons Brother to have that Fellowship and Mr. Goring to come in upon the first Vacancy In case Mr. Goring be a Fellow His Majesty would have Mr. Middleton who is his Nephew succeed him in his Demyship I am MY LORDS Your Lordships most humble Servant Sunderland P. §. 20. FRIDAY Morning the 28th of Octob. 1687. THe Lords in order to fill up the void places demanded of the Fellows how many places were Vacant and it appeared to their Lordships that there was none but Dr. Fairfax's and Mr. Ludfords who was lately Dead then enquiry was made for the Persons recommended and no body appearing the Lords could proceed no further in that matter Then the Lords told the Fellows c. That they could not heartily recommend them to His Majesties favour unless they did Address to His Majesty in Writing asking pardon for their offences and acknowledge the Jurisdiction of this Court. The Fellows making a little pause the Bishop of Chester told them they might word it themselves or if they thought fit Mr. Tucker should Assist them in a Form. Upon which the Fellows withdrew into the Hall to consider of it and after some time brought in a Paper with all their hands subscribed of the Tenor following §. 21. May it please your Lordships VVE have endeavored in all our Actions to express our selves with all humility to His Majesty By this it appears how far they were from making a submission according to his Majesties expectation and being conscious to our selves that in the whole Conduct of this business before your Lordships we have done nothing but what our Oaths and Statutes Indispensably obliged us to we cannot make any Declaration whereby we acknowledge that we have done amiss as having acted according to the principles of Loyalty and obedience to his Sacred Majesty as far as we could without doing violence to our Consciences or prejudice to our Rights one of which we humbly conceive that of Electing a President to be from which we are Sworn upon no account whatsoever to depart We therefore humbly beg your Lordships to represent this favourably with our utmost Duty to His Majesty whom God Grant long and happily to Reign over us Signed Alexander Pudsey Tho. Bayley Tho. Stafford Charles Hawley Rob. Almont Main Hammond John Rogers Ja. Bayley Hen. Dobson Jo. Davys Fran. Bagshaw Jos Harwar Geo. Hunt. Jo. Gilman Tho. Bateman Willi. Craddock Geo. Fulham Hen. Holden Steph. Weelks Charles Penniston This being Read and the Court saith the Register looking upon the same to contradict the submission they had given in before the Lords again asked them whether they would submit to the Bishop of Oxon as their President or not Dr. Pudsey Dr. Stafford Mr. Hollis and Mr. Register Penniston referred to their Paper of submission given in on Tuesday and the greatest part of the rest desired to be excused from answering the Question declaring that their obedience or dis obedience would best appear by their actions when the Bishop came amongst them and if they were dis-obedient to the President they were lyable to be punished by their Statutes and said further that they having given in their submission on Tuseday they thought their Lordships Honor was engaged to require nothing further from them But the Court insisting to have a positive Answer to the Question and the Bishop of Chester saying it was Protestatio contra factum Dr. Bayley Mr. Hammond Mr. Dobson Mr. Bayley Mr. Bagshaw Mr. Harwar Mr. Bateman Mr. Craddock Mr. Gilman Mr. Holden Mr. Weelks and Mr. George Fulham positively refused §. 23. The Oxford Relation gives this account of the Discourses following UPon their Lordships perusing the Paper they expressed their dislike of it and said it did not come up to what they delivered on Tuesday Dr. Bayley answered they had acted conformable to themselves and truly he could not confess any Crime To which the Bishop