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
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
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
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
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
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.
your selves against the Afternoon to which time they adjourned the Court. The Court being Sate in the Afternoon Afternoon Dr. Hough appeared with a great Rabble of followers and after a short time said whereas your Lordships this Morning have been pleased pursuant to the former Decree of the Lords Commissioners to deprive me of my place of President of this College and to strike my Name out of the Buttry-Book I do hereby protest against the said proceedings and against all that you have done or hereafter shall do in prejudice of me and my Right as Illegal Unjust and Null and I do hereby Appeal to our Sovereign Lord the King in his Courts of Justice Dr. Tho. Smiths Diary Upon which there was a Tumultuous Hum in the Room which the Lords Commissioners resented very much and said they would never suffer the Kings Authority to be so affronted my Lord Chief Justice said he would defend the Kings Authority while he had Blood in his Body and told Dr. Hough that he was the occasion of this mis-behaviour by his popular Protestation which he might have made in the Morning that he had broke the Kings Peace and that now they had brought in the Civil Power over them and that if need were they would use the Military that he must Answer that affront of the Kings Authority at the Kings Bench Court. Upon which he was bound in a Thousand pound Bond and his Sureties in Five Hundred pound a piece Then the Bishop of Chester gave-the Doctor this Answer to his Appeal Doctor we look upon the Appeal as to the matter and manner of it to be unreasonable and not to be admitted by us First because it is in a Visitation where no Appeal is allowable Secondly because our Visitation is by Commission under the Broad Seal of England which is the Supreme Authority therefore we over-rule this Protestation and Appeal and Admonish you once for all to avoid the College and obey the Sentence The Doctor and Fellows declared their grief for the disorder of the Crowd and disclaimed their having any hand in it After which Dr. Pudseys Letter to the Lord President being Read See this Letter c. 1. sect 3. §. 3. their Lordships askt the Fellows concerning the Kings Verbal Command to them at Oxford to which they said it was to Elect the Bishop of Oxford which they could not Then being askt why they did not Admit him which was all the Kings Letter required and to which the Verbal Command referred Eight of the Fellows said they were not there and Thirteen owned they were and gave consent to the Letter §. 5. Vpon Complaint made by the Lords Commissioners of the Hubub before mentioned the Vice-Chancellor published this following Programma QUum nihil minus deceat Viros Ingenuos nedum Academicos ad optima enutritos quam morum Inelegantia Rusticitas Quam absonum videri debeat Adventantes strepitu sibilis excipere pro Coetu Philofophorum turbam Morionum Peregrinis ostentare Quocirca dolemus hac in parte peccatum esse in Viros Illustres admodum Reverendos quod omnium Gravissimum est Regia insuper Authoritate munitos speramusque hoc Indecentiae vel potius contumeliae aut saltem maximam partem ab Infrunitis hominibus de plebis Faecula natis omnino provenisse monemusque omnes quotquot sunt Scholares ut ab omnibus Illiberalibus Dicteriis sannis Pedum supplosione male feriatorum Turbinum Cachinno Screatu clamore murmure 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 penitus abstineant Si quis vero in posterum in aliquibus istius modi deliquerit sciat se non mediocres Temeritatis Insolentiae suae paenas luiturum Octob. the 24th 1687. Gilb. Iron-side Vice-Cancelarius §. 6. My Lord Presidents Letter to the Lords Visitors in Answer to theirs of the 22d of October To the Lords Commissioners Letter and the account sent of their proceedings I find this Answer given by my Lord President Whitehall Octob. 23. 1687. MY LORDS I Have received your Lordships of the 22d with the account of your proceedings which His Majesty is well satisfied with I herewith send you such an Order for Admitting the Bishop of Oxford as you desired and am directed by His Majesty to acquaint you that if the Fellows of the College can be brought to submit to the Admission of the Bishop as their President His Majesty is Graciously pleas'd no Punishment should upon that account be Inflicted by you upon such as do submit but if any of them be refractory you are to proceed against them according to the Commission and His Majesty would have you also to Inspect the Constitutions Orders and Statutes of the College and to Enquire into the behaviours of the Members thereof and what abuses may have been Committed either by mis-applying their Revenues or other mis-doings a particular account of which together with the Names of the Offenders you are to transmit up to His Majesty that he may give such further Order as shall be requisite in the matter I am MY LORDS Your Lordships Most humble Servant Sunderland P. The Lords Commissioners Answer to this I shall Insert in it's place and now proceed to what was transacted at the Court held October the 25th In the Morning §. 7. Dr. Stafford Read the following Paper in Answer to what was objected on Friday October 25th Morning that a Mandate Implyed an Inhibition which I think fit to Insert out of the Printed Relation To the Right Reverend and Honorable the Commissioners for Visiting of St. Mary Magdalen College in Oxon. May it please your Lordships ON Friday last in the Afternoon you seemed to Insist very much upon this particular viz. That His Majesty in Commanding the Fellows of the said College to Elect Mr. Farmer President did thereby Inhibit them to Elect any other Person whatsoever which has not yet been made to appear to be Law To these Arguments Answer will be given in due place out of Civil Canon or Common-Law neither is it agreeable to reason that a Command to Elect a Person uncapable should oblige not to Elect a Person Capable that being a kind of Contradiction in Terminis yet this being granted it cannot at least affect the said Fellows or Invalidate the Election of Dr. Hough notwithstanding His Majesties Mandate in behalf of Mr. Farmer wholly uncapable of the place The Fellows cannot be said to be Guilty of any disobedience or disloyalty in proceeding to the Election of another Person who was qualified according to the Statutes being forced to make an Election for they are obliged by the Statutes of the College when called together to Elect a President or any other Officer under pain of Expulsion perpetual from that College to meet and make an Election which Punishment they Incur Ipso facto who either refuse to meet when so called or being met do not Nominate and Elect a Person into the Office void
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
which our Founder requires in the person of the President And being confined as to the time of our Election we have been forced to proceed to the Choice of one who has approved his Loyalty in the whole course of his Life and whom we think Statutably qualified for the place May it therefore please your Grace to Interpose with his Most Sacred Majesty in our behalfs that we may not lie under the weight of his displeasure for not being in a capacity of obeying his Command We know him to be a Prince of Eminent Justice and Integrity and therefore cannot think he would value any Instance of Duty to himself which manifestly breaks in upon the obligation of our Consciences And your Graces extraordinary unblemisht Loyalty to the Crown and that regard which we assure our selves our most Honored Lord and Chancellor has to the peace and well-fare of this place induces us to presume your Grace will omit no endeavors to set before his Majesties Eyes the true reason and necessity of our proceedings That God Almighty will protect your Grace shall be the daily prayers of From St. Mary Magdalen College in Oxford April the 19th 1687. May it please your Grace Your Graces most obedient Servants J. Hough President Ch. Aldworth Vice-President Hen. Fairfax D. D. John Smith D. D. Thomas Smith D. D. Tho. Baley D. D. Alex. Pudsey S. T. D. Tho. Stafford L. L. D. Rob. Almont B. D. Main Hammond B. D. Rich. Strickland Edw. Maynard Hen. Dobson Jo. Davys Ja. Fayrer Jo. Harwar Geo. Fulham Tho. Bateman Jo. Gilman Steph. Weelkes Tho. Goodwyn Edw. Yerbury Rob. Holt. Fran. Bagshaw Ja. Bayley Rob. Hyde While the College was making this application the King thought fit to require an account of their actions therefore ordered my Lord President to write as followeth §. 10. My Lord Sunderlands Letter to the Vice President and Fellows of St. Mary Magdalens College in the University of Oxford Whitehall April the 21st 1687. Gentlemen THe King being given to understand that notwithstanding his late Mandate sent to you for Electing Mr. Farmer to be President of that College you have made choice of another Person His Majesty Commands me to tell you he is much surprised at those proceedings and expects you should send me an Account of what past upon that occasion and whether you did not receive His Majesties said Letters Mandatory before you chose Mr. Hough I am Gentlemen Your Affectionate and humble Servant Sunderland P. The Answer returned to this Letter was as followeth §. 11. The Answer May it please your Lordship YOur Lordships of the 21st we received signifying to us His Majesties pleasure that we should give your Lordship an Account of what passed at our late Election of a President and of the Receipt of His Majesties Letters Mandatory in behalf of Mr. Anthony Farmer In all Dutiful obedience to His Majesty we have accordingly sent to your Lordship a plain State of the Case wherein nothing in this World could so much affect us as that we could not Elect the said Mr. Farmer President in compliance with His Most Sacred Majesties Letters being a person in our Judgments utterly uncapable of that Office. We beg leave to represent to your Lordship that our Princes displeasure would be the greatest misfortune that could befall us and our only support under this apprehension is that a Loyal Society can never suffer in the hands of so Generous and Gracious a Prince for what they have done out of a Consciencious discharge of the Trust reposed in them by their Founder That God Almighty would Crown all your Lordships endeavors with suuccess and preserve your Lordship in the Grace and Favor of the best of Princes shall be the Daily Prayer of May it please your Lordship Your Lordships most humble and most obedient Servants The Vice-President and Fellows of St. Mary Magdalens College in Oxford §. 12. The Case of the Vice-President and Fellows of St. Mary Magdalen College in Oxford in their late Election of a President UPon the first Notice of the Death of Dr. Clark Late President of St. Mary Magdalen College in Oxford the Vice-President called a Meeting of the Fellows in order to appoint a day for Election of a new President And the 13th day of April was the time prefix'd with power to prorogue the Election as they should see cause till the 15th beyond which time it was not in their Power to defer the same This being agreed a Citation or Praemonition was fixt upon the Chappel-door of the College signifying the same and summoning all the absent Fellows to repair home to the ensuing Election as the Statute in that case directs After this upon the 8th of April they received His Majesties Letter in behalf of Mr. Farmer requiring them to Elect and Admit him President But he having never been Fellow of that College or of New-College in Oxford which are the only Persons capable of being chosen by the Statutes and wanting likewise such personal Qualifications as are requried in the Character of a President they did not imagin it was or could be His Majesties pleasure that they should act so directly against the express words of their Statutes to which they are strictly and positively Sworn But did humbly conceive they were bound in Duty to believe His Majesty had been mis-informed in the Character and Capacity of Mr. Farmer and therefore upon the 15th of April the last of those days within which they are confined to finish the Election they proceeded to a choice and having first Received the Blessed Eucharist and taken an Oath as the Founder enjoyns to choose a person so qualified as is there specified they did Elect the Reverend Mr. Jo. Hough Batchellor in Divinity who is a Person every way qualified by the Statutes of the said College And if it shall be objected that His Majesty did in His Letter for Mr. Farmer Graciously dispense with all those Statutes that rendered him uncapable of being Elected and that therefore they might have obeyed without breach of their Oath They humbly beg leave to Represent that there is an express Clause in that Oath which every Man takes when he is admitted Fellow of the College wherein he Swears neither to procure accept or make use of any Dispensation from his Oath or any part thereof by whomsoever procured or by what Authority soever granted As to their former practice when they have Elected in obedience to the Kings Letters heretofore it has been always in such Cases where the persons recommended have been every way qualified for this Office by their Statutes in which cases they always have been and ever will be ready to comply with His Majesties pleasure it not being without unspeakable regret that they disobey the least of His Commands They know how entirely their welfare depends upon the countenance and favor of their Prince neither can any thing more deeply affect and grieve their Souls than when they find themselves
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
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
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
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
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
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
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
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
as appears by the Statutes of the College Titulo de numero Scholarium Electione Praesidentis Now according to the Founders direction in the said Statute on the 9th of April last the Fellows were called together by the Vice-President to Elect a President in the place of Dr. Clark Deceas'd The obligation of this Oath will be examined The Oath required to be taken before the Election was Administred to them by the Vice-President whereby they are obliged to Nominate and Elect a Person that either is or has been Fellow of Magdalen College or New-College which Oath when the Fellows had taken it was not in their Power to Elect Mr. Farmer and yet then they were obliged to make an Election under pain of perpetual Amotion from the College as appears by the aforesaid Statutes and it cannot be imagined that His most Sacred Majesty did expect that the Fellows should be either Perjur'd or forfeit their Right to their Fellowships rather then dis-obey his Command His Majesty having most Graciously * * This first is a strange plea that will be answered declared that Conscience ought not to be forced and that none of his Subjects should be molested in the enjoyment of their Rights and Privileges Now that our proceeding to Election cannot lay any Imputation of disobedience or disloyalty upon us will thus be made appear Either we had Power to Elect or not The Dilemma will be solved when I answer the objections If we had not to what end or purpose did His Majesty Command us to Elect one If we had our Power was restrained to persons so and so qualified or we were at liberty to choose whom we pleased But we could not do the latter as appears by our Statutes therefore we could not Elect Mr. Farmer being not Invested with any Power to Elect a person not qualified and if we had so done our Election had been Void and Null in it self and the Person Elected lyable to be turned out by our Visitor As for the Decree of His Majesties Commissioners in pursuance whereof your Lordships have admonished Dr. Hough to recede from the place of President and quietly to resign the Keys of his Office and struck his Name out of the Book we humbly conceive it to be Null and Void in it self to all intents and purposes Dr. Hough being thereby deprived of a Free-hold for Life the which he was duely and legally possessed of without ever being called to defend his Right The reason of this will be answered in the last Chapter or any mis-demeanor objected against him wherefore we humbly beg of your Lordships that Dr. Hough may be permitted to defend his Right and Title to the Presidentship at Common Law before any other person is possest of his place This Oxford Relation which all along I so style to distinguish it from other Relations or Papers saith the Oxford Relation their Lordships having perused would not allow to be Read publicly but they asked the Fellows whether they would Sign it Challenging them to do it at their Perils then the Fellows withdrew into the Hall where being not satisfied it was necessary to Sign a Plea which their Lordships refused to admit returned the Paper into the Court only subscribed by Dr. Fairfax and Dr. Stafford the latter after some debate desiring to withdraw but Dr. Fairfax stood to it §. 8. The Bishop of Oxfords Proxy After the Plea of Dr. Stafford Tuesday Morning the 25th of October 1687. Was thus let fall Mr. Wickins Procuratar and Chaplain to the Bishop of Oxon was called who delivered the Proxy the Tenor whereof followeth OMnibus ad quos hoc praesens Scriptum praevenerit salutem Ego Samuel permissione Divina Oxon. Episcopus Praeses Collegii Magdalensis infra Universitatem Oxon. situati vigore litterarum Mandatoriarum Domini Regis Constitutus Dilectum mihi in Christo Gulielmum Wickins in Artibus Magistrum Clericum Sacellanum meum ut vice Nomine meo ad Officium Praesidentis Collegii praedicti una cum membris Juribus pertinentiis eidem spectantibus Universis admittatur nec non ad juramenta solita requisita in Animam meam praestanda caeteraque omnia facienda Exequenda in ea parte requisita Procuratorem Deputatum meum ipse valitudine impeditus quo minus praedictae admissioni personaliter interesse valeam firmiter constituo per presentes Datas Sigillatas Vicesimo 1 o. die mensis Octobris Anno Tertio Regni Jacobi Secundi Angliae Scotiae Franciae Hibèrniae Regis Fidei Defensoris Annoque Domini 1687. In Praesentia W. Bigges Ric. Brooke Georgii Cholwill The Bishop of Oxfords Seal is in the Margent Subsigned Sa. Oxon. Then was Read the following Mandate §. 9. The Kings Mandate to the Visitors for admitting the Bishop of Oxford President c. 23d Octob. 1687. JAMES R. RIght Reverend Father in God Right Trusty and Well-beloved and Trusty and Well-beloved We Greet you well Whereas We did by Our Letters bearing Date the 14th Day of August last Authorize and Require the Fellows of St. Mary Magdalen College in Our University of Oxon to Admit the Right Reverend Father in God Samuel Lord Bishop of Oxon into the place of President of the said College with all the Rights Privileges Emoluments and Advantages thereunto belonging any Statute or Statutes Custom or Constitution to the contrary in any wise notwithstanding wherewith We did dispense in his behalf And whereas the Fellows of the said College not obeying our said Letters Mandatory We thought it requisite to Impower you to Visit the said College and all the Members thereof Our Will and Pleasure is and We do hereby Authorize and Require you that in case the said Fellows do still persist in refusing to Admit the said Bishop of Oxon as their President you do forthwith Admit him if present or in case of his absence by his Proxy into the place of President of the said College any Statute or Statutes Customs or Constitutions to the contrary in any wise notwithstanding with which we do by these presents dispense And for so doing This shall be a sufficient Warrant and Authority to you and all other Persons whom it may concern and so We bid you heartily farewel Given at our Court at Whitehall the 23d of October 1687. In the 3d. Year of our Reign By His Majesties Command Sunderland P. This was Superscribed To the Right Reverend Father in God Thomas Lord Bishop of Chester Our Right Trusty and Well-beloved Sir Robert Wright Kt. Ch. J. of the Pleas before Vs to be holden Assigned Our Trusty and Well-beloved Sir. Tho. Jenner Kt. one of the Barons of our Court of Exchequer Our Commissioners for the Visitation of St. Mary Magdalen College in Our Vniversity of Oxon. §. 10. THe foregoing Proxy together with the Kings Mandate being Read for the Bishop of Oxon Tuesday Morning Octo. 25. The Fellows being present were askt
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
your selves will be of opinion that they who are too Tall to stand and too stubborn to bow deserve to be broke One would have thought that His Majesties Patience after so many and great Provocations as these should have made a way to your Hearts through your Brains and made you ashamed of your obstinacy and in love with obedience before now But you have deceived his and all good Mens expectations still Insomuch that on Sunday the 4th of September His Majesty sent for you to Attend him at Christ-Church and Commanded you to Admit the Bishop of Oxon your President without any further delay or pretence you say it was to Elect him which sounds like the rest of your Sophistry for you well knew that admission would have satisfied him for which you had his Written Mandate lying by you which would have determined that Scruple But the truth of it was you resolv'd as time the best Expositor of Mens intentions has discover'd to persist in your obstinacy till you had convinced him and others that you were none of the good Centurions Servants for instead of complying with His Majesties Pleasure you went back to your Chappel where you should have learned and paid more Devotion and Signed a Paper containing a direct and dis-obedient refusal Which peevish carriage of yours to your Prince from one end to the other is such a Composition of folly and frowardness as was little deserv'd by so good and Gracious a King. There ever went a Miraculous Power of Conversion with his Royal Presence where ever he came in his whole Progress but here he convinced all such as he had discoursed with of the Justice and equity of his Proceedings your selves excepted no body of Men ever departed unsatisfied from him but that they departed from the blessing of enjoying his Royal presence no longer And I must confess I do not see how it is possible to do any thing more in point of Honor Conscience Clemency Justice and Royal Tenderness for the preservation of this Society and every Member of it than what His Sacred Majesty hath already done in spight of your Dis-obedience and Contumacy and yet he was and is still resolved to continue his Princely Piety and Goodness to all those who shall no longer pretend to make it a sin against Conscience to return to their Obedience to him and to those whom he has set in Lawful Authority over them of which I gave you a full account at the first opening of our Commission on Friday the 21st of October in your College Hall as you may well remember On Saturday the 22d of October we required you to Admit and Instal my Lord of Oxon according to the Kings Mandate to you before directed which all but three of you refused again to do and gave your pretended Reasons for it in the Morning and in the Afternoon Dr. Hough tho' before Expelled came in without leave but not without Attendance and Followers unbecoming his Circumstances and Appealed from what we had done or should do as Illegal Vnjust and Null by word of Mouth and not in Writing nor with the decent salvo's of all other Appeals which was applauded by a loud Tumultuous and Insolent Hum to affect the Populacy to the espousing of your cause for which open breach of the Peace Dr. Hough was bound over to the Kings Bench and if most of you had not been better pleased with that Insolent behavior than became you and indeed Accessaries to it if not Actors in it you might and would have discovered the Turbulent persons who had been guilty of it On Tuesday the 25th of October we our selves caused the Bishop to be Installed by his Proxy and we then askt you whether you would submit to the Bishop as your President now Installed by the Kings Mandate In lieitis honestis To which all that were present except Dr. Fairfax gave in an Answer in scriptis in the Affirmative and requested us to represent you as Dutiful to His Majesty in the highest degree But from this good Resolution you quickly fell for on Friday the 28th of October when we advised you to make an humble submission to His Majesty according to the Nature of the Offence it had so ill an effect upon you that after an hours consideration or more you brought us down a Paper Signed by all but two or three of the Fellows then present which seemed to us to be rather a protestation against your former submission than a begging of the Kings Pardon for your past offences and that you might clear your selves at least from any the least suspition of that which lookt like Repentance or Obedience you desired to withdraw or expound your Submission which you made in writing the Tuesday before and to limit the word submission to the Kings Authority telling us plainly that you did not nor could not submit to the Bishop of Oxon as your Lawful President With the Insolent Justification of your continued dis-obedience we were deeply affected and astonished and tho' we might then justly have Expelled you yet we forbore and went back to London to acquaint His Majesty with your carriage who resented it according to your Demerits He who is too proud to ask God and the King Pardon deserves neither I am sure the best of us need both I wish it had been in our Power to have persuaded you then so to have moderated your selves as to have Sacrificed the most disingenuous Arts of Contention to the safety and honor of the Christian Religion and not to have pursued your little scruples and great Animosities to the evident hazard at least of bringing a scandal on it I hope I have said enough to convince you that the Fig leaves which you have stitched so Artificially together will not cover your Nakedness you pretend Conscience of your Oaths among which that of Allegiance and Supremacy ought not to have been forgotten But partiality in Duty is a great Symptom of Hypocrisie You Dispense with your own Oaths your selves and make too bold with some parts of your Founders Statutes in which I have instanced and could do in more as in that wherein you are bound to be served solum per Masculos for want of which we found some scandals to have been brought upon the College by Bastard Children and will you not suffer the King who alone hath Power to do it to give you a Dispensation in others Can he who is so tender of his Honor put up such Indignities as these And can we who are intrusted with the vindication of it suffer this to go unpunished I wish you had half so much kindness and Charity for your selves and so great a consideration of the happiness of this Foundation as His Majesty and his Commissioners have already exprest in their dealings with it The Justice and Equity whereof if you do not all good Men will Proclaim I need not remind you of putting in some Papers under your hands which
for comparison of the sequel wel hoped for at your hands Except that be loked to in time the Quenys Majestie shal not have half suffycient Mynisters for hir yeres which I pray God may be many to uphold Christes Fayth in her Realms Youth here is of some Inclination if they had but three or four good Hedys Resident to lean unto to comfort them against som fower talkers in their stoutness but time must be expected and Godys furderance craved Sir I pray you pardon my boldnes and not to be offendyd though I wright thus homly and in English Letters while paraventure I might busye my head to wright Latinius somewhat to avoyd offending of your exact and exquysite gift in your Latin Tonge I might chance to wright obscurius not significancius and so the longer to deteyn your perusing these smal Causes to hynder your others much more weighty which I beseche Almighty God to prosper From Corpus Christi Collage in Camboige the 30th Day of March. Your onfeyned and bownd Bedesman M. P. § 4 I have Transcribed this according to the spelling of this noted Prelate Antiquitates Britannicae c. who hath shewn his Learning in Antiquities and his Zeal for the protestant Religion in his Books Yet I doubt not but this Age will think his way of expressing himself in English not very Polite I shall not Comment upon his Letter which tho' in somethings obscure yet is plain enough to be understood as to what was his General intent and design This Visitation of Cambridge in the first Year of Queen Elizabeth was by Commission under the Great Seal to Sir William Cecyl then Chancellor of the University of Cambridge and to others as Mr. Pryn in his Oxford Plea refuted pag. 34. hath given a short account of ☞ In the Queens Letters before the said Visitation to Sir William Cecyl are these expressions Because the chief Order and Government of Our University of Cambridge appertaineth to you being the Chancellor of the same c. We thought meet to will you in Our Name to give signification that We mean very shortly with your Advice to Visit the same by some discreet and Meet persons So that here we find whatever power the Chancellor hath it is in subordination to the Sovereign and tho' they may take the advice of their Subjects in places of Government under them yet the power of Visiting still proceeds and is derived from them as all along I hope I have proved §. 5. An account of the Visitation of Merton College in Oxford Anno 1562. Wood Antiq. Oxon. lib. 1. fol. 284. b. 4 o. Eliz. There happened a Sedition in Merton College In January Dr. James Gervace the Custos or Warden having voluntarily quit his place the Fellows gave in the Names of five to the Arch-Bishop their Visitor whereof two or three had never been of their Society whereas Anciently according to their Statutes they had used to name only three bred in the College whereof one was to be put into the place of him that was Dead or Resigned The Arch-Bishop resented this and rejected all those named by the Fellows and before the end of March Nominated John Man sometime Fellow of New College to be the Warden who came to Oxford the 30th of March accompanyed with Dr. Babington the Vice-Chancellor Dr. White Warden of New College but the Fellows refused to Admit him so that on the 2d of April he came accompanyed with the Vice-Chancellor and Henry Norris of Witham and Anthony Foster of Cumnor and with much difficulty the Gate was opened Mr. Willi. Hawle the Senior Fellow and others opposing upon this the Arch-Bishop upon the 26th of May following Cited them all to appear in their Church to be Visited by himself or his Vicar General and by the said Vicar General of the Arch-Bishop Man was Confirmed and Hawle was Ejected out of his Fellowship By this it appears what power the Local Visitor had to Nominate and settle the Head of the College at his pleasure even contrary to the Ancient Statutes of the Society The observation upon it how much more may we conceive that the King hath power by his Mandate to Nominate and appoint the Head of any College as Sovereign and Supreme Visitor The Commission for Visitation continued still and in it great changes were made till all were reduced to a Conformity to the Queens Laws and pleasures several Statutes were revoked others amended or explained all which great changes were by vertue of the Queens Commission §. 6. Secretary Cecyls Letter about Non-conformists in Cambridge threatning a Visitation Before I proceed to any other Visitations I shall give a short account of the great States-man Sir William Cecyls proceeding Wood Antiq. Oxon. lib. 1.286 upon a disorder in St. Johns College in Cambridge wherein we may note by what Steps he being Chancellor thought fit to proceed by the subordinate Governors with a sufficient Menace that if that would not be effectual he would obtain the Queens Authority for a Visitation ☞ December the 13th 1565. Bundel Ecclesiastica 1560. ad 1569. In the Paper Office. Secretary Cecyl Writes to Dr. Stoke Vice-Chancellor of Cambridge concerning some of the Younger Fellows that in St. Johns College Chappelleft off the use of the Surplice That the Vice-Chancellor Confer with the President and if they can do it by their Ordinary Authority then to proceed if not then he Writes a Letter to the Bishop of Ely Visitor in Ordinary to rectifie it then follows If there shall no good come of those two means then I am determined to resort to the Authority of our Sovereign Lady the Queens Majesty In whose power by Prerogative the Government of all manner of Subjects doth belong to reduce them by sharpness to the Obedience of her Laws and Commandment This was the Judgment of the Great States-man who may be presumed to have well understood the Law and the Prerogative in that Case In his Letter to the Bishop of Ely he Writes that he had privately imparted the matter to her Majesty for his discharge by whom he hath been straightly charged to see Reformation and with speed and severity which he hath promised her Majesty to do altho' he will first seek it by ordinary means If otherwise it should fall out he would for his discharge refer the whole to the Queens Supreme Authority Here note the Authority of the Prince whereupon must needs follow Cause of Repentance to the Authors of that Garboyle By which it is manifest that whatever Ordinary power was lodged in the Bishop of Ely as Dioecesan Visitor or the Chancellor and other Magistrates of the University yet the Queen Jure Regio supersedes all and takes Cognizance of the whole matter by her Commissioners as occasion might require §. 7. Disturbance about Election of a President in Corpus Christi College ☞ In the Year 1568. Wood Antiq. Oxon. lib. 1. fol. 290. a. The
to Form of proceedings in Courts Ecclesiastical to determin differences in the Universities among the Society §. 10. In the Year 1582. In the Paper Office Bundel Eccl. Academica ab Anno 1580. to Anno 1589. 25 Eliz. I find a Letter Writ from Dr. William Fulk Vice-Chancellor of Cambridge to the Lord Treasurer Cecyl Endorsed Dr. Fulks Opinion that not only Gonvil and Cajus College but the other Colleges of Cambridge should by further Authority from the Queen be Visited and Reformed it is Dated the 10th of October Anno 1582. I shall Insert some of the expressions that the dis-quisitive Reader may know what was the Judgment of the Queens power then and the necessity of the Crowns having an absolute power over the Universities for Reforming matters agreeable to the good likeing of the Prince His words are According to your Lordships Letter I have consulted the Heads of several Colleges we are of Opinion that your Honor should do a Charitable Deed to procure a Commission from her Majesty to Reform the whole State and Statutes of that House viz. Gonvil and Cajus College of which some are meer Papistical newly made by Dr. Cajus appointing Mass and Dirige to be said for him some be Ambiguous and Imperfect as the Visitors also have Certified your Honor c. Furthermore for-as-much as the Reformation of one College is not sufficient where the whole Body of the University is out of Frame it is not mine Opinion only but also of others of Wisdom and great Experience of whom I may name Dr. Harvey for one The necessity by Visitation to alter Statutes altho' the University hath Authority to make Statutes that it were most expedient the same were Reformed in the whole and in divers Colleges specially by a General Commission or Visitation in which your Honor might have an Absolute and Principal Authority to supply the Imperfections of all Statutes both of the University and of sundry Colleges wherein the same is needful For so great is the multitude of Licenciousness and disordered persons which cannot be Bridled by our present Statutes that altho' the University hath Authority to make Statutes for the maintenance of good Order and quietness yet nothing can be Decreed by the greater part which will not consent to any thing which may restrain their disordered Licenciousness as was notably tryed within these two Years when your Honor gave in charge to the Heads of Colleges to see the Reformation for excess in Apparel who devised as well as they could but nothing to this day can be Decreed albeit the excess doth not diminish but dayly encrease c. The Clause about Apparel puts me in mind of the Regulation made in Oxford as to that particular some Years before which I shall here Insert that the Curious may note how unreasonable it would be to bind the Members of the Universities to the observing of all Statutes promiscuously if there were not a dispensing power both in the Sovereign and Senates of the University §. 11. Anno 1564. 6 Eliz. Wood Antiq. Oxon lib. 1. fol. 286. K. K. fol. 5. a. b. a. I find Statutes made like the Roman Sumptuary Laws whereby the Presidents Graduated Fellows and Scholars of the Societies and every one that had any Office or enjoyed Yearly Stipend or Ecclesiastic Benefice in any College or Hall should wear no Shirt larger than to be plaited at the Collar and Wrists the plates not exceeding half a Thumb breadth and should have no Embroidery of Gold or Silver That their Bands should not be turned back above a Thumb breadth broad none should wear Stockings but of plain Cloth close to the Leg neither Adorned with Buttons or Lace especially not with Silk none to wear Blew White or Yellow Doublets To which he adds out of the same Statutes that the University considered of the restoring mending and explaining the Statutes I hope all that Swore to the observing these Statutes would not have thought themselves Perjured if either the King or the Chancellor had dispensed with them or if any of them be unrepealed think not themselves in Conscience bound to observe them but that they may wear Silk Stockings and larger Bands if not Cravats and I doubt not but there are several obsolete Statutes that many who Swear Implicitly to observe the Statutes in general never heard of It seems either the former Disputes about Gonvil and Cajus College were continued or some new ones were arisen as will appear by the Extract of the following Letter If there be no mistake in the Copyer of the Date that it should have been 1582. Anno 1592. Paper Office Ecclesiastica Academ Anno 1590. to 1599. 34 Eliz. Dr. Perne Vice-Chancellor of Cambridge Writes thus to my Lord Treasurer Burlegh about the grief of the University for his Lordships Offence at the dealing touching Gonvil and Cajus College and hath these expressions I send your Lordship a Copy of the Privileges of the University c. The weakest part therein in mine Opinion is the want of the Confirmation of the Spiritual Jurisdiction to the Chancellor of the University for that we do now exercise was first granted by the Bishop of Rome and Confirmed by prescription In this I observe only that the Vice-Chancellor hath recourse to the Queens Power to have the Ecclesiastical Jurisdiction Granted to the University owning they had the like from the Pope §. 12. I could add many things more relating to the University or private Colleges wherein the Kings power of Visiting by Commission is cleared but I shall hasten to a Conclusion of this Head and in the next place shew in one Instance how King Charles the First without the formality of a Visitation ordered such matters as he thought fit in the University of Oxford by a Letter directed to the Vice-Chancellor of the said University Dated at Woodstock the 26th of August 1631. as followeth TRusty and Well beloved We Greet you Well Paper Office Bundel Ecclesiastica Universitatis having at full Length and with good Delibration heard the Cause concerning the late Disorders and Disobediences to Government in that University of Oxford The ends for which the Universities are subject to the King. and being moved by the greatness of the Offence to punish some persons according to their several Demerits and to Order somethings for the more settled and constant Government in that Our University hereafter Our Will and Pleasure is The Kings pleasure ratified in a Convocation as in a Parliament of France That you forthwith upon Receipt hereof call a Convocation for performing and Registring those our Sentences and Decrees as followeth First That Three be Banished out of the University The Proctors to Resign their Offices in Convocation and Two others be chosen in their Rooms Secondly For the things which we think fit to settle presently in that Government they are that as to Sermons the Vice-Chancellor to have Copies upon Oath That
Books say it was Robbed or derived Because such powers being taken away from the Pope and such as had Authority under him and neither settled in any Court or person by the Statute can re-vest or re-sult to none other but the King as Supreme in all Ecclesiastical as well as Temporal Causes which by Sufferance or Usurpation as the Act saith the Pope had excercised Fifthly By the several Acts and Instances whereby the Kings of England since the making of this Act of the 25th King Henry the 8th have exerted their Supreme Authority it is clear that the Crowns Re-assumption of what the Pope had exercised hath been according to the Laws in being of which I now proceed to give Instances in the Kings dispensing with College Statutes of which I shall give some few in several Cases of many hundreds which are to be found in the Paper Office or Secretaries Books §. 7. An account of the Queens Mandate about Electing of a Master of St. Johns College in Cambridge The first Instance I think fit to Insert is as followeth The Course that was held in the last Election of the Mastership of St. Johns College in Cambridge First Bundel Ecclesiastic Universities Paper-Office The Statute of that College appointeth the Twelfth day after the Vacation to be the day of their Election and no other Secondly The greater part of the Fellows of the College were made for Mr. Alvey a Senior Fellow Thirdly The Lord Treasurer being Informed that Alvey was an unfit Man set down an Inhibition in the Queens Name to defer the Election which Inhibition was obeyed Fourthly The 12th day being passed and no further power left to the Fellows to Elect The Lord Treasurer sent a Letter the second time in the Queens Name Nominating Dr. Clayton and Dr. Stainton Commanding the Fellows to choose one of them and no other Fifthly By Authority of those Letters they choose Dr. Clayton By this proceeding it is manifest that the King may not only by a Mandate of Inhibition stay the Electors from making any choice but nominate the person to be Elected altho' by College Statutes the day of the Election and the Electors were appointed §. 8. The Bishop of Londons Testimony that the King hath dispensed with College Statutes Before I enter upon the particular Mandates I shall produce the Testimony of George Montague Bishop of London in his Letter a Copy of which the Honorable Sir Joseph Williamson afforded me out of the Paper-Office directed to Sir Edward Conway Principal Secretary of State as followeth Right Honorable THe Noble and Vertuous Lady the Lady Denbigh hath layed a Command upon me to deliver my knowledge whether the King hath at any time by his Letters dispensed with the Local Statutes of any College by a Non-obstante and upon a search it appears that his Majesty hath sent Letters of that nature to divers Colleges If this Information may promote her desires and give you satisfaction I shall be right glad and will ever remain London Decemb. 10th 1623. Your Honors Friend to Command and humble Servant Geo. London §. 9. A Mandate dispensing with Incapacities to receive Degrees I now proceed to give some Extracts of Mandates wherein the King dispenseth with College Statutes in one of which Dated December the 11th Anno 1624. the persons within named being some ways Incapacitated to take their respective Degrees were dispensed with as followeth Trusty and Well-beloved We Great you well In a Bundel Docketed Ecclesiastic Universities in the Paper-Office at Whitehall We are Graciously please of Our Royal Favor to Gabriel More Harrington Butler George Bursey and Michael Gilbert to advance them to such Degrees as they are capable of and well deserve by their Learning and diligent Studies tho' in some respects not qualified Therefore Our pleasure is that notwithstanding any Statute or other Ordinance to the contrary you forthwith Create Gabriel More a Dr. in Divinity and you also admit Harrington Butler and George Bursey to the Degree of Master of Arts and Michael Gibert Bachellor of Arts in such Form as is usual in like Case and these Letters shall be your Warrant In a Mandate for one William Morley to be a Schollar of the College of St. A Mandate for a Schollar of St. Mary Winton College without examination Mary of Winton College Oxon without Examination are these words and tho' we have a favorable Eye to your freedom that are the Electors yet in this Our so Extraordinary Recommendation We expect your Dutiful respects to this Our Princely Pleasure and Command so that this Our Will be not dis-appointed for any respet whatsoever Directed to Our Trusty and Well-belove Dr. Princock Warden of St. Mary Winton College in Our University of Oxford and Our Trusty and Well-beloved Dr. Love Warden of St. Mary Winton College near Winchester the under Warden School-Master of the College and two Posers of the Schollars for the Election In a Mandate Dated 3 o. Regni Caroli 1. A Mandate dispensing with the Incapacity by reason of the County For one Gregory Isham I find these words But because We understand that the Country where he was Born layeth some formal Incapacity upon him We are pleased hereby to Dispense therewith and do require that his Country may not be any Impediment to him in that Election Ibid. notwithstanding any Statute or Order to the contrary And these Our Letters shall be sufficient Warrant in that behalf §. 10. The acknowlegement from St. Johns College in Cambridge of the Kings power in dispensing with College Statutes March the 28th Bundel Eccles Universities 1630. c. 1633. In a Letter of the Master and Fellows of St. Johns College to the Earl of Holland the Chancellor about their choosing Dr. Digby according to his Majesties Letters Dr. Beale being then Master I find they allege that he was not capable by some Statutes having not performed some things the Statutes required They write thus Yet his Sacred Majesties Request would have been tye enough upon his most Dutiful and Obedient Servants to have endeavored the accomplishment of his Royal desire had we been enabled thereunto by Dispensation with those opposite Statutes which otherwise we stand obliged by Oath to observe Which plainly shews that if a Dispensation had been obtained or inserted in the Mandate the King had been obeyed I find that the Master and Fellows of Christ College in Cambridge In the Paper Office Ecclesiastica Academica without date being desirous to Capacitate one Norton then but Senior Sophister for a Fellowship sent him with Letters Testimonial to Oxford whereupon he obtained his Bachellors Degree and so was Elected Fellow A Senior Sophister may take Bachellor of Arts Degree by dispensation The Relation saith that the Arch-Bishop hearing of it expressed some displeasure and said he would call him to an Account for his taking the Oath for Bachellor having not full time and being not dispensed with
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
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
Mass Upon the Ejected Fellows grand plea of observing the Literal and Grammatical Sense of the Statute and admitting no dispensation by any Authority soever I see not how the Fellows can avoid being obliged to say the Mass of the Holy Ghost before they go to Election as the Statute expresly enjoyns as likewise to say dayly Masses Solemn Obits and particular Prayers for the Souls of the Founders and Benefactors c. For if they allege that they are prohibited to use such by Act of Parliament they confess that their Statutes are dispensed with by some Authority and that they yield to and allow such dispensation which is against the Literal sence of the Oath which I have recited before Vide pag. 33. here And I hope I have made it clear that the King hath as much Authority to Suspend and so Temporarily abolish any of their Statutes as an Act of Parliament hath to perpetuate it ☞ I need not touch upon the Qualifications required in the persons to be Elected Concerning purchasing of Fellowships as that they should be poor when it is notoriously known that not only in the times long since Fellowships have been bought but Mony payed for Resignations and if I be not misinformed even some of the late Ejected Fellows had not re-inbursed themselves of the Mony they had payed to purchase their Fellowships so that it was grown to a by-word that an Election at St. Mary Magdalen was a Magdalen Fair. Having thus touched upon some of the Statutes which we find the Society have taken upon them to dispense with or abolish Pag. 311. here I proceed to give a true Narrative of Dr. Haddons Case of which I gave an Account before such as I was then able to do but now by the direction of Bishop Giffard and the great care of my Honored friend the Learned Mr. Thomas Fairfax who hath extracted the Materials out of their public Register I am enabled to clear the Case most fully I shall not repeat what I have observed before out of Mr. Woods Antiquities of Oxford but only note how faithful he hath been in his Collections and that this Dr. Haddon was every way as uncapable of being Elected President by the Literal and Grammatical sence of the Statute as Mr. Farmer was But I shall pass to the account I have received from the Register §. 10. Concerning Dr. Haddon Out of the Petition of the College to Edward the 6th Dated the 3d. of July 1552. WHere it has pleased your Highness upon consideration that Dr. Oglethorp President of your College was fully resolved and determin'd to leave and resign at Michaelmass next ensuing his Office aforesaid to direct unto us your most Honorable Letters in favor of Dr. Haddon therein requiring us to Nominate and Elect him to the said Room when it shall be void Like as we have hitherto and shall gladly forbear to condescend upon any other Man in consideration of your most Gracious Letter and much more to proceed to the Election of any other so do we upon our Knees most humbly beseech your Majesty to consider that we your Orators have not only an Ordinance and Statute in your said College whereby we stand specially bounden to Nominate unto the said Office such as have been of our Foundation being Ministers but also are thereunto by our Oaths every one of us strictly enforced and albeit Dr. Haddon is a Man of approved Learning honesty and worthy of much better preferment and such a one as most willingly at your Graces Hands before all other we would thankfully accept Here we must note the different way of this Societies proceeding in King Edw. the 6ths time from the late Fellows proceeding to Election contrary to the Kings express Mandate Nominate and Elect if he were eligible being sorry even with all our hearts that there is an impediment in our Statutes that may restrain our willing minds and good hearts Yet considering he is not of our Foundation that it toucheth us all in Conscience to violate our Statute whereunto we have Sworn and that he is not a Minister which is required by our Foundation and on the other side that we have of our own Foundation sundry persons of much honesty and Learning which are Ministers whereby they may in their own persons further the word of God. Finally that it were not only a great disgracing and discomfort to our College that no one Man of our Foundation could be thought meet to succeed our former President but also it might appear a blemish to the whole Vniversity of Oxford to sustain of all their Students an utter repeal we have thought good to become humble Petitioners to your Majesty most humbly on our Knees beseeching your Highness to be so Gracious Lord and Sovereign to us not to co-act us by your Power Royal and Supreme Authority which we most humbly prostrate do acknowledge and on our Knees Reverence but rather to grant us your Gracious favor that we may have a free Election and follow our Oaths and Consciences c. Subscribed The Vice-President and more part of the Fellows The King persisting Dr. Haddon was Elected and Presented to the Bishop of Winchester thus by the College Reverendo in Christo Patri ac Domino D ro Joanni permissione Divina Winton Episcopo Collegii B. Ma. Magdl in Universitate Oxon. patrono intigerrimo aut cuivis alii admittendi potestatem habenti Gulielmus Reding V. Praesidens Collegii praedicti nec non ejusdem Collegii Scholares salutem in Domino Ad Officium Praesidentis in Collegio tuo praefato per liberam resignationem ornatissimi viri Owini Oglethorpe nuper Praesidentis 27 Septemb. Anno Regni Serenissimi Principis Edw. 6. factam jam vacuam non solum ad contemplationem binarum litterarum praedicti Domini nostri Regis in favorem egregii viri Gaulteri Haddon Scriptarum quam ad Speciale Mandatum ejusdem Principis ex Autoritate Regia Suprema Note here the grounds of the Societies obedience was the Kings special Mandate by his Supreme Authority and his dispenceing with the Impediments of their Statutes and their Oath Autoritate suâ non solum cum Statutorum impedimentis nostroque juramento dispensantis sed etiam interdicentis ne ad alterius cujusque Electionem procederemus quam praefati Gualteri Haddon sufficiendi in praefatum Officium Nos itaque praefati Vice-Praesidens Scholares omissis quibuscunque praescriptiunculis alioquin in hac Electione requisitis sed quas in praesenti observare non potuimus eximium virum Gualterum Haddonum in tui praefati Collegii Praesidentem unanimiter elegimus c. Datum 1 o. Octobris 1552. I need not enlarge upon this matter Inference from this but refer to the Reader to what I have Writ before concerning it only observing Pag. 311. here that notwithstanding Dr. Haddon was no ways Statutably qualified and that the Vice-President and Fellows did urge the obligation of their Oaths yet
the late Noble Chancellor The Relation of the grounds of the Petition touching the validity of one of our Statutes viz. de Morâ Sociorum in Collegio upon which a Letter for the Suspending of it was granted by his Majesty we now the present Master and a greater part of the Fellows of the said College finding many inconveniences which do and may ensue upon it contrary to his Majesties Royal intendment and desire of our relief and advancement by it in that Suspension graciously declared and signified become humble Petitioners to your Lordship as being the Noble Ornament of our College and most honorable Chancellor of the University that you would vouchsafe to take it into your serious consideration and move his Majesty for the Revocation of the said Suspension in regard of these Reasons which we presume to tender to your Honor. 1. The main ground the former Petitioners went upon Nine Reasons for this Petition was a persuasion that either this was no Statute or not of like validity with the rest which upon full proof after long debating being by the Heads of Colleges Confessed to be otherwise they did surcease their suit and some of them became Petitioners that the said Statute might be re-established 2. The Master by his Oath which he took at his Admission is bound both to keep all the Statutes inviolably himself as also to see the same done by others which the Suspension forbiddeth him in this Statute de Morâ Sociorum c. 3. The Fellows by their Oath at their Admission are debarred from accepting any dispensation either against any of the Founders Statutes or against that their Oath and thereby seem to be disabled from taking any benefit of this Suspension expresly containing a dispensation with the said Oath 4. None of the Fellows to our knowledge was ever yet by vertue of the said Statute turned out of his Fellowship unprovided excepting one only of the present Petitioners who notwithstanding before he left the College was provided of a good Parsonage from whence he was since chosen Master of the said College 5. Since the Suspension six of the Fellows before their time granted by Statute was expired have been called to good Benefices with Pastoral charge four of which were the Petitioners for the qualification of the said Statute 6. We conceive just grounds of fear partly by what we have heard partly for other sufficient reasons that the said Suspension hath already been and may prove hereafter a discouragement to those who otherwise would be Benefactors to our College 7. The Fellowships being but few in this College if they be enlarged to perpetuity younger Scholars will be dis-couraged in their Studies seeing small hope of preferment for them be forced to leave the University before they be well fitted for a Pastoral charge 8. Whereas our Honorable Founder Erected this College for a Nursery to the Church of England and expresseth this to have been his meaning that those who were brought up in it should upon a fair Call be transplanted hence after they were fitted for the Ministry the aforesaid liberty of longer continuance will in likelihood make some unwilling to take on them a Pastoral charge being offered whereby the Founders Pious intent shall be crossed the Church deprived of the labors of such and they shall not only remain unprofitable in the College but also may in short time draw to themselves the Chief Government of the same the Master having no Negative voice to hinder it as all other Masters of Colleges have 9. The Statute standing in it's former force would have prevented no small disturbances of the peace of the College which have lately hapened For all which Reasons we continue our former suit and rest your Lorships humble Petitioners William Sandcroft Anth. Tuckney Thomas Hill. William Bridge Samuel Bowles David Ensing Anth. Burges §. 14. Observations upon this Petion Upon this Petition King Charles the First in the beginning of his Reign referred the matter to the Vice-Chancellor and some Heads of Colleges as I am informed upon whose report the King saw no reason to take off his dispensation altho' the Grandson of the Founder promised to add more Spiritual Benefices to the Revenue of the College whereby the Fellows might be better provided for Here first we may note that one part of the Oath which the Fellows take being in these words Nullam dispensationem contra Statuta fundatoris impetrabo nec impetrari curabo nec Impetratam acceptabo viz. that they will neither obtain any dispensation contrary to the Statutes of the Founder nor will endeavor that any other should obtain them or will accept of any such being obtained so that the Fellows of this College were under the like obligation as these of St. Mary Magdalen College were Yet Secondly they all own the Kings power in dispensing with this Statute and only by way of Petition shew their Reasons why the King should be desired to revoke it but we hear of no persisting in the matter so as to cause the King to exercise his Supreme Authority to enforce their obedience but pay a ready obedience and that dispensation is in force to this day Thirdly It is to be noted that this dispensation was granted and yielded to in a time when there were no public animosities or that any Factious Combinations in the State Caballed against the Crown but all was Calm it being in the Halcyon Days of King Charles the First and the Prerogative of the Crown was not disputed Therefore we ought to allow this as a most Authentic Precedent of the Kings dispensing power not for one or more single persons but with an entire Statute which concerned the Succession of several persons in that and in succeeding Ages Fourthly As to the persons that Petition Dr. Sandcroft was then Master and Unkle to the present Arch-Bishop of Canterbury Dr. Tuckney was in the time of the long Parliaments Usurpation Master of St. Johns College in Cambridge and Dr. Hill Master of Trinity College Dr. Bridge and Dr. Burges were great Preachers and Daemagogs of that Parliament §. 15. Dr. Brady's Account of the Kings Nominating the Provost of Kings College in Cambridge I shall now close this with an Account which the Learned Dr. Brady Regius Physic Professor in Cambridge hath given me at my desire when he was at the last Commencement That in Kings College in Cambridge they have a Statute that directs them to choose a Provost in such Form and with such Qualifications as are appointed in the Statute and by Oath are bound not to accept of any Dispensation to the contrary yet from the very Foundation by King H. 6. the Provost was ever named by the King to be chosen by the Fellows and it hath been so constantly observed The Fellows as the present Provost informs put up a Petition to King James the First that he would be Graciously pleased to leave them to their free choice But his Answer was that the Statute was Abrogated by the very practice of the Founder who Named two Provosts Successively in his Life time and by the constant practice of Succeeding Kings and that he was their Founder for that the King never Dyes and he would not part with his Right of Nomination but in other things would leave them to the free use of their Statutes Thus far the Doctors Letter I might add many other Modern Instances of the entire obedience payed to the Kings Mandates by Masters and Fellows of Colleges and the unquestionableness of the Kings dispensing with Statutes in both Universities and particularly in St. Mary Magdalen College in the Reign of King Charles the Second but understanding that a Member of that College hath Writ a Tract on that Subject I shall here Conclude FINIS