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.
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
and right Information probably the King would have rejected That the King might have a fit Testimony of the Person before he granted any such Mandate it pleased his Majesty to make this following Order Having taken into Our serious consideration how much it will conduce to the Glory of God Our own Honor and the welfare both of Our Church and the Universities that the most worthy and deserving Men be favored and preferred according to their Merit and being satisfied that the Lord Arch-Bishop of Canterbury and the Bishop of London are the most Competent Judges in such Cases We have thought fit and do hereby declare Our pleasure to be that neither of Our Principal Secretaries of State do at any time move Us on the behalf of any person whatsoever for any Preferment in the Church or any Favor or Dispensation in either of Our Universities without having first Communicated both the person and the thing by him desired unto the Lord Arch-Bishop of Canterbury and Bishop of London or one of them now and for the time being and without having their or one of their Opinions and Attestations in the Case and if at any time We be moved in like manner by any other person whatsoever Our pleasure is and We do hereby declare that neither of Our said Principal Secretaries shall present any Warrant unto Us for Our Royal Signature in such a Case until the said Arch-Bishop of Canterbury and Bishop of London or one of them have been acquainted therewith and have given therein his Opinion and Attestation as aforesaid By this we find that the King resolved to have perpetuated this yet it was Revoked as also a later Mandate as appears by the following Mandate And that this Our Declaratión may stand as a lasting and inviolable Rule for the future Our further Will and Pleasure is that the same be Entered not only in both the sides of Our said Principal Secretary of State but also in the Signet Office there to remain upon Record Given c. the 27th of February 1680 / 1. §. 12. The Re-calling of a Mandate after the former I Insert this out of the Series because I may joyn the Revocation of another Order as followeth Whereas We did by Our Warrant under Our Signet Manual bearing Date at Windsor the 12th of August 1681. Signifie and Declare Our pleasure to be that neither of Our Principal Secretaries of State should at any time move Us on the behalf of any Favor or Dispensation in either of Our Universities without having first Communicated both the person and the thing by him desired unto the Lord Arch-Bishop of Canterbury for the time being John Earl of Radnor George Earl of Hallifax Lawrence Viscount Hyde the Lord Bishop of London for the time being and Edward Seymour Esq and without having the Opinion and Attestation of them or any Four of them in the Case and that if at any time we should be Moved in like manner by any other person whatsoever Our pleasure was and We did thereby Declare that neither of Our Principal Secretaries of State should present any Warrant unto Us for Our Royal Signature in such a Case until the said Lord Arch-Bishop of Canterbury c. had been acquainted therewith and had given their Opinion and Attestation as aforesaid and whereas We have thought fit for special Causes Us thereto moving to Revoke and determin Our said Warrant We do accordingly hereby Revoke and determin the same and all the Authority thereby Granted and Our pleasure also is that Our Order be Entred not only in both the Offices of Our said Secretaries but also in the Signet-Office Dated the 20th of September 1684. By this mandate it appears that it is in the Kings power to Revoke his own Constitutions at his pleasure §. 13. I might add to these the King 's dispensing with Statutes of Cathedral Churches about Leases annexing the Revenues of Prebends to a Deanry ordering the Arch-Bishop of Canterbury to Grant Dispensations for a Bishop to hold Rectories in Commendum of which I could produce many Instances but I keep my self to the business of the Universities In which I hope by a sufficient enumeration of particulars I have made it clear beyond all possibility of Dispute that the Kings of England have dispensed in all the Cases before recited with Statutes of Colleges yet it is as manifest that all the Members of the Universities and of particular Colleges upon their taking of Degrees or being Elected into Fellowships c. take an Oath to observe the Statutes of the University or particular College and yet by the power of the Kings Dispensation are no ways Involved in the Sin of Perjury I shall now proceed to give such Answers as I Judge requisite to those arguments I find couched in any of the defences made by the Fellows of St. Mary Magdalen College and begin with that of the obligation of their Oaths CHAP. VII The Answer to the Arguments used by the Vice-President and Fellows of St. Mary Magdalen College in defence of their proceedings SECT I. Answer to what is urged in their Justification from the Obligation of their Oaths to observe their Statutes §. 1. THe most plausible plea the Vice-President and Fellows used in Vindication of their Electing Dr. Hough and dis-obeying the Kings Mandate was that they were under the obligation of their Oath to observe the Statutes of their Founder in the Literal and Grammatical sense of them And the persons Nominated by the First and Second Mandate of the King were not Qualified according to those Statutes so that in obeying the Kings Mandates they should either be Perjured or forfeit their Rights in their Fellowships if they Elected or Admitted any person not Statutably Qualified and that they were under the like obligation neither to procure accept or make use of any dispensation from that Oath or any part of it by whomsoever procured or by what Authority soever granted To which in Aggravation and Improvement was urged See p. 6. here p. 75. where the King's Declaration is urged which I shall consider in its place the disagreeableness of being pressed to forswear themselves at a time when his Majesty had been Graciously pleased to Grant Liberty of Conscience Finding this Argument looked upon by the favourers of the Ejected Fellows as unanswerable I think my self obliged to clear the point not only by producing the Opinions of Casuists but likewise by the Authority of Bishop Sanderson who deserves the greater respect and credit for that he Adorned the Divinity chair in that University long before he did the Episcopal §. 2. Definition of an Oath In this matter we may consider what an Oath is which is generally defined to be the Invocation of God to be (a) Mart. Bonacina Tom. 2. Disp 4. q. 1. puncto 2 fol. 214. witness of the plighting of our Faith that we will do or suffer to be done such or such a matter by Bonacina
reduced to this unfortunate necessity of either disobeying his Will or violating their Consciences by a notorious perjury §. 13. Some Clauses of particular Statutes to which the foregoing Case Relates IN the Statute concerning the Election of a President his Character is thus described That he must be a Man of good Reputation and good Life of approved understanding good manners and temper and discreet provident and circumspect both in Spiritual and Temporal Affairs In the same Statute the Oath which every Fellow is obliged to take before he can give his voice in the Nomination of a President is this That he will name one or two of the Fellows of St. Mary Magdalen College or of those who have formerly been Fellows there and have left the place upon a Legal and creditable account Or that he will name one or two of the Fellows of St. Mary Winchester College commonly called New-College in Oxford or of those who have formerly been Fellows there and have left the place upon a creditable account After this the Thirteen Senior Fellows Swear that of the two that are nominated they will with all speed Elect one to exercise the Office of President whom in their Consciences they think most proper and sufficient most discreet most useful and best qualified for it without any regard to love hatred savor or fear c. As in the forementioned Statute is more largly exprest Part of that Oath which all Persons take when they are admitted actual Fellows runs thus ITem I do Swear that I will not procure any Dispensation contrary to my foresaid Oaths or to any part thereof nor contrary to the Statutes and Ordinances to which they relate or any of them nor will I endeavor that such Dispensation should be procured by any other or others publickly or privately directly or indirectly And if it shall happen that any Dispensation of this sort shall be procured or freely granted or obtained of what Authority soever it be Whether in General or particular or under what Form of words soever it shall be granted I will neither make use of it nor in any sort consent thereunto So help me God. Endorsed on the back of this April the 24th 1687. The Case within Stated was then Publicly Read by the Vice-President of St. Mary Magdalen College in Oxford at a Meeting of the Fellows and Generally approved of in the Presence of me James Almont Public Notary §. 14. The Address of the Fellows of St. Mary Magdalens College to his Majesty sent to my Lord President to be delivered to the King. May it please your Most Excellent Majesty VVE your Majesties most humble and most dutiful Subjects the Fellows of St. Mary Magdalen College in Oxford being deeply afflicted with the late sence of your Majesties heavy displeasure grounded as we in all reason humbly presume upon the most unkind mis-representation of our actions in relation to the Election of a President into your Majesties said College do humbly beg leave to prostrate our selves at your Royal feet offering all real Testimonies of Duty and Loyalty And as we have never failed to evince both our principles and practices to be truly Loyal in obedience to the Commands of your Royal Brother and your Sacred Self in matters of the like Nature So whatsoever way your Majesty shall be pleased to try our readiness to obey your Royal pleasure in any instances that does not interfere with and violate our Consciences which your Majesty is Studious to preserve we shall most gladly and effectually comply therewith A stubborn and groundless resistance of your Royal Will and Pleasure in the present and all other Cases being that which our Souls eternally abhorr as becomes Your Majesties most Dutiful and Obedient Subjects Alex. Pudsey D. D. Tho. Stafford L. L. D. Jo. Rogers B. D. Main Hammond B. D. Rob. Almont B. D. Ja. Bayley M. A. Rich. Strickland B. D. Hen. Dobson M. A. Ja. Fayrer A. M. Jo. Harwar A. M. Geo. Hunt A. M. W. Cradock M. A. Jo. Gilman M. A. Ch. Penyston M. A. Hen. Holden M. A. John Smith D. D. Tho. Bateman M. A. John Davys M. A. Edw. Yerbury M. A. Rob. Thornton M. A. Rob. Hyde M. A. Robert Holt M. A. Stephen Weelks M. A. Franc. Bagshaw M. A. SECT II. The Proceedings before the Lords Commissioners for Ecclesiastical Affairs §. 1. HAving thus far related what was Transacted betwixt His Majesty and the forementioned Lords and the Vice-President and Fellows of St. Mary Magdalen College His Majesty thinking it expedient that they should be called to an account for their disobedience ordered the Lords Commissioners for Ecclesiastical Causes to proceed against them Poceedings of St. Mary Magdalen College in Oxford Extracted out of the Register-Book from the 28th of May May 28. 1687. to the 5th of August 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 COmplaint having been made unto Us that the Vice-President and Fellows of St. Mary Magdalen College in the University of Oxford have refused to comply with His Majesties Letters Mandatory for Electing and Admitting Mr. Anthony Farmer President of the said College in the room of Dr. Clark Deceased and that notwithstanding His Majesties said Letters they have Elected Mr. John Hough President of the said College You and either of you are hereby required to Cite and Summon the said Vice-President and Fellows requiring them or such of the said Fellows as they shall Depute in their behalf to appear before Us in the Council Chamber at Whitehall upon Munday the Sixth of the next Month of June at Four in the Afternoon to Answer to such matters as shall be objected against them concerning the premisses And of the due execution hereof you are to certifie to Us then and there Given under our Seal the 28th of May. 1687. To Thomas Atterbury and Robert Eldows Or either of them §. 2. The Answer of the Vice-President and Deputed Fellows c. Ex Registro Upon June the 6th the Vice-President and Deputies of the Fellows appear and do desire time which is allowed till this day Sennight June the 13th they attend with their Answer which being Read the Lords took time till the 22d Instant for the further consideration of the matter The Answer of the Vice-President and other 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 to the Question proposed by the Right Honorable and Right Reverend the Lords Commissioners for Ecclesiastical Causes c. Why they did not obey His Majesties Letters requiring them to Elect and Admit Mr. Anthony Farmer President of the said College THe said Vice-President and other deputed Fellows answer and say That the said College of St. Mary Magdalen in Oxon is a
Body Corporate governed by Local Statutes granted and confirmed to them by His Majesties Royal Predecessor King Henry the 6th for him his Heirs and Successors under the Great Seal of England which are also since confirmed by several other Letters Patents of others His Majesties Royal Predecessors under the Great Seal of England That by the Statutes of the said College to the observation of which each Fellow is Sworn it is ordered that the person to be Elected President thereof shall be a Man of good Life and Reputation of approved Understanding and of good Manners and Temper and Discreet Provident and Circumspect both in Spiritual and Temporal Affairs And at the time of the Election of a President the said Fellows are bound by the said Statutes to take an Oath that they shall nominate none to that Office but such as are or have been Fellows of the said College or of New-College in Oxford and if they are not actually Fellows at the time of Election that they be such as have left their Fellowships in those respective Colleges upon creditable accounts And when two qualified persons shall be nominated at the time of Election by the greater number of all the Fellows to the said Office of President The thirteen Seniors also swear that they will Elect one of them whom in their Consciences they think most proper and sufficient most discreet most useful and best qualified for that place without any regard to love hatred favor or fear and every Fellow when he is first admitted to his Fellowship in the said College Swears that he will inviolably keep and observe all the Statutes and Ordinances of the College and all and every thing therein contained so far as does or may concern him according to the plain litteral and grammatical sense and meaning thereof and as much as in him lies will cause the same to be kept and observed by others And that he will not procure any Dispensation contrary to his aforesaid Oaths or any part thereof nor contrary to the Statutes and Ordinances to which they relate or any one of them nor will he endeavor that such Dispensation shall be procured by any other or others publickly or privately directly or indirectly and if it shall happen that any Dispensation of this sort shall be procured granted or obtained of what Authority soever it be whether in general or particular or under what Form of words whatsoever it shall be granted that he will neither make use of it nor in any sort consent thereunto all which several Oaths follow in express words at the End of this their Answer That upon notice of the Death of Dr. Clark late President of the said College the Vice-President called a Meeting of the said Fellows in order to appoint a day for Election of a new President and the 13th day of April last was the time prefixt with power to prorogue the same as they should see cause until the 15th day of the same Month beyond which time they could not Statutably defer their Election and in pursuance thereof a Citation or Praemonition was fixed upon the Chappel-door of the said College signifying the same and by which the absent Fellows are summoned to repair home to the said Election as the Statute in that case requires And the said Vice-President and other deputed Fellows further say that upon the 11th day of the said Month of April they received His Majesties Letters requiring them to Elect and Admit the said Mr. Anthony Farmer to be President of the said College But forasmuch as the said Vice-President and the other Fellows apprehended the Right of Election to be in themselves and did believe His Majesty never intended to dispossess them of their Rights And forasmuch as the said Mr. Farmer had never been Fellow either of Magdalen College or of New-College in Oxford and had not those qualifications which in and by the Statutes of the said College are required in the Character of a President as they in their Consciences did and do verily believe and in regard they could not comply with His Majesties Letters without the violation of their Oaths and hazard of that Legal Interest and property whereof they are by the said Statutes possest and which by their Oaths they are bound to maintain They represented the same by their Humble Petition to His Majesty and having deferred their Election of a President to the last day limited by their Statutes they then proceeded to Election And having first Received the Blessed Eucharist and taken the said Oaths as the Statutes require to choose a person so qualified as is before exprest they did Elect the Reverend Mr. John Hough Batchellor in Divinity and one of the Fellows of the said College a person every way qualified to be their President who has been since Confirmed by the Lord Bishop of Winchester their Visitor as the Statutes of the said College direct And that they might not lie under His Majesties displeasure by their proceedings on the 19th day of the said Month of April they made humble Representation thereof to His Majesty by his Grace the Duke of Ormond Chancellor of the University of Oxford setting forth their indispensable obligation to observe their Founders Statutes All which matters the said Vice-President and other deputed Fellows do humbly offer to your Lordships consideration and pray to be dismissed with your Lordships favor Charles Aldworth Vice-President John Smith D. D. Mainwaring Hammond B. D. Henry Dobson Dean of Artes. Ja. Fayrer A. M. §. 3. To this were subjoyned the following Statutes for regulating the Election of a President De numero Scholarium Electione Praesidentis IN primis siquidem ut Sacra Scriptura seu pagina scientiarum omnium aliarum Mater Domina sua liberius dilatet tentoria cum ea utraque militet Philosophia The College to consist of one President and 40 poor and indigent Scholars Clerks praefatum nostrum Collegium Oxoniae in de numero unius Praesidentis Quadraginta pauperum indigentuim Scholarium Clericorum in dictis scientiis studere debentium subsistere Statuimus etiam Ordinamus sic ipsum volumus Deo propitio perpetuò permanere Praeter quem numerum sint alii Triginta pauperes Scholares And 30 poor Schollars called Demys vulgariter vocati Demyes Grammaticalia Logicalia vel Sophisticalia diligenter addiscentes ut cultus Dei a quo bona cuncta procedunt amplius augeatur melius sustentetur Volumus quod praeter dictos numeros Scholarium sint etiam quatuor Presbyteri Capellani And 4 Presbyters Chaplains 8 Clerks and 16 Choristers octo Clerici Sexdecim Choristae Cappellae dicti Collegii in Divinis servitiis deservientes Proviso quod de dicto numero quadragenario ex speciali providentia Praesidentis Two or 3 of the 40 to be Students of the Canon and Civil Laws and as many in Physic Vice-Praesidentis Decanorum trium aliorum Seniorum duo
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
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
Magdalen College in Oxon runs thus Dispensing with any Statutes or Constitutions to the contrary in St. Mary Magdalen College it self Any Statute Constitution or Order to the contrary notwithstanding with which We are pleas'd to Dispense at this time Dated July the 19th 1679. §. 4. A Statute of the Founder dispensed with concerning the Lady Margarets Preachers An Example of a statute of a Founder Abrogated by the King appears in this following directed to the Chancellor of Cambridge Whereas the Lady Margaret late Countess of Richmond and Derby in her Foundation for a Preacher in the University of Cambridge did oblige him to Preach at Twelve or Thirteen several Towns in several Counties and accordingly did allow him what was in those days a Competent salary and sufficient for the discharge of the Expence of his Journey We understanding that the salary for the said Preacher is now very small and inconsiderable Therefore being disposed to free the said Expensive Duty have thought fit and accordingly do hereby Dispense with all those that shall be her Preachers for the future for their not Preaching at the places provided they do all other Exercises in the University unto which by the said Foundation or Custom they are obliged and Our pleasure is The Kings pleasure that the Oath be altered that you alter the Oath which the said Preachers at their Entrance were to take according to these premises and to cause these Letters of Dispensation to be Registred c. Dated October the 30th 1679. In another Mandate Directed to the Chancellor of Cambridge I find as followeth Trusty Concerning conferring Honorary Degrees c. Whereas We have been given to understand that several Disputes have heretofore risen in that Our University about Conferring Honorary Degrees without time or exercise upon Baronets and Knights who were Members of Our said University We have thought fit in order to the settling of that matter for the time to come hereby to signifie to you that we are Graciously pleased to allow it c. with a Clause that the Letters be Registred Dated October the 30th 1679. §. 5. Dispensation with Statutes that oblige to enter into Deacons Orders after being two Years Master of Arts. There being a Statute in Queens College Cambridge Another of the like nature That every Fellow after being two Years Master of Arts must Enter into Deacons Orders or else quit his Fellowship Mr. Charles Palmer is Dispensed with Dated November the 18th 1679. In another Mandate I find that John Cudworth B. A. is allowed to Travel for seven Years whereas by the Statutes of Christs College in Cambridge he is obliged to Enter into Holy Orders before that time is Expired which he cannot do now in regard of his being under the Age required in such Cases We do Dispense with his not Entring into Holy Orders till after his return Dated December the 31st 1679. Mr. John Lytcote is Dispensed with Another for Mr. Lytcote now Sir John Lytcote for not entering into Holy Orders for Four Years and yet enjoy his Fellowship any Statute c. notwithstanding Dated January the 13th 1679. But upon the 20th of December 1680. after reciting the foresaid Mandate it saith the King for particular reasons revokes it The cause was for that John Lytcote now Sir John Secretary to the Earl of Castlemain and now Resident at Rome upon his Travels having Discovered some of Oates his Pranks and brought several of St. Omers Youths for Witnesses the late King was Induced to withdraw his Dispensation whereby he might be either bound to quit his Fellowship or to enter into Orders so that it was presumed he would either declare himself a R. Catholic or quit his Fellowship §. 6. The re-inforcing of a Mandate not presently obeyed This next is an Instance of a Mandate endeavored to be eluded which was re-inforced by a subsequent Mandate directed to the Master and Fellows of Trinity College in Cambridge March the 12th 1680. Trusty c. Whereas We were Graciously pleased by Our Letters Mandatory bearing Date the 8th of November last to require you to Admit John Couper Bachellor of Arts of that our College into the first Fellowship that should become void after the Date thereof and upon some difficulty made Our Right Trusty c. Cousin c. Robert Earl of Sunderland then Our Principal Secretary of State did the 29th of November following by Our particular Direction signifie Our pleasure in behalf of the said John Couper that you should Immediately choose him a Fellow according to the Intent of Our said Letter notwithstanding which We are Informed that you have not yet chosen him Whereas the Most Reverend Father in God William Lord Arch-Bishop of Canterbury hath Certified that he is acquainted with the State of this Case and humbly conceives that he doth deserve some relief from Our Favor and Goodness We have thought fit hereby to require you to Admit him the said John Couper into the first Fellowship that is or shall become void pursuant to Our said Letter whereby We expect your ready Complyance as having been induced to it upon particular considerations any Statute or Statutes of that Our College as to the time of Election or as to the Degree of Master of Arts which he hath taken or ought to take or any other Statute Custom or Constitution to the contrary notwithstanding §. 7. The Mandate for removing the Duke of Monmouth from being Chancellor of Cambridge and appointing the Duke of Albemarle Chancellor There is another power in the Crown which because it is conteined in the following Mandate I shall Transcribe at length as I find it directed to the Vice-Chancellor of Cambridge to be Communicated to the Senate ☞ Trusty c. We Greet you Well Whereas the Undutiful Behavior of Our Natural Son James Duke of Monmouth hath given Us great Cause to Remove him from Our Service and any further Attendance on Our Person whereby he is rendered uncapable of discharging any longer the Office of Chancellor of that University either to Our satisfaction or profit and whereas We are given to understand that by the Ancient Statutes thereof the Chancellor was chosen to his Office but for Three Years and by a late Statute of Queen Elizabeth The King reserves to himself the power of Interpreting Statutes of the University but for Two Years only and whereas We have ever reserved to Our Self the power of Interpreting the Statutes referring to the Election of your Chancellor We think fit to Declare the Chancellors place void and the Senate thereof to be in full Liberty to proceed to a New Election and that you may not want a fit Person to remind Us from time to time of all things that may tend to the Encouragement of good Litterature The advantages to the University by the Kings Nominating a Chancellor and all things else that may maintain that Our University in the splendor and prosperity