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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69780	A vindication of the proceedings of His Majesties ecclesiastical commissioners, against the Bishop of London and the fellows of Magdalen-College	Care, Henry, 1646-1688.; Hedges, Charles, Sir, 1649 or 50-1714.	1688 (1688)	Wing C536; ESTC R202803	20,601	74

Confidence that bears some proportion to the Badness of their Cause and are not afraid to cast the Greatest Contempt on His MAJESTY's Commissioners and Visitors and consequently on His MAJESTY Himself whose Person they represent and instead of Humbling themselves for their many Insolencies or instead of acting according to their Quondam avowed Doctrine of Passive Obedience they fly in the Face of Authority charging it with no less Guilt than the Injuring a Whole Society and as if they had still to do with their Dissenting Brethren they close up the Scene with an Insulting Threat For after their Expulsion they severally gave in Papers to the Effect following May it Please Your Lordships I Do profess all Duty to His MAJESTY and Respect to Your Lordships but beg Leave to declare I think my Self Injured in Your Lordships Proceedings and therefore Protest against them and will use all Just and Legal means of being relieved Here you see they complain of Injuries done 'em and are resolv'd to use all Just and Legal Means they say for their own Relief But who can imagine what they will understand by Just and Legal Means The Whole of these Proceedings depend on the Dispensing Power If His MAJESTY had not Dispensed with their Colledge-Statutes the Case would have been another thing but the Dispensation makes it manifest That no Pretence of an Oath can be sufficient to excuse their Disobedience Let us then compare the late Actings of these Gentlemen with a Notion we find in an Admired * A Letter containing Reflections on His Majesty's Declaration for Liberty of Conscience Pamphlet Written by one of their own Communion and we may see Cause justly to conclude that they esteem the Exercise of the Dispensing Power to be a Subversion of the Whole Government Which to use the Author 's own Words being so contrary to the Trust that is given to the PRINCE who ought to Execute it will put Men upon Uneasie and Dangerous Enquiries which will turn Little to the Advantage of those who are driving Matters to such a Doubtful and Desperate Issue To which let us add That this is mention'd in Contradistinction to the Non-resisting Doctrine and then consider Whether any rational Man who is acquainted with what these very men do to fill the Minds of His MAJESTY's Subjects with Discontent can think that by Just and Legal they mean any thing less than some Methods better indeed silenced than expressed When the Protestant Dissenters went not half so far in their Disobedience to the Regal Authority they could not escape the Censure of being Enemies to the Government and were immediately made uncapable of any Ecclesiastical Benefice They only refused to Subscribe unto two of the three Articles and this was interpreted a Renouncing the KING 's Supreme Authority in Matters Ecclesiastical and without the Aid of an Act of Parliament they were deprived And whoever carefully observes the Ecclesiastick Proceedings will find That when the Ecclesiastical Judges deal with Delinquents they never give over till there be either a Submission or a running the Offender to the Last Punishment Thus if a Man did but absent himself from the Sacrament and was admonished he must Conform or be run to an Excommunication and at last to the Writ de Excommunicato capiendo In like manner if any of the Clergy fell under the Censure of Suspension ab Officio unless there had been a Submission it went on to a Suspension à Beneficio yea and to a Deprivation Which if done in one Diocess was to be regarded by every Diocesan throughout the whole Kingdom And the Reason our Clergy give for this is not the Ruine of the Offenders but a Reducing 'em to the Knowledge of themselves and a due Submission to their Superiors whose Part it is to secure the Great Ends of Government as also for the discouraging Others from the like Miscarriages And on this account it is that the making the Magdalen-Fellows uncapable of Ecclesiastical Benefices Dignities or Promotions became Necessary it being no more than what is included in every Deprivation of the Clergy And for this Reason the KING 's Ecclesiastical Commissioners have made the ensuing Decree By His MAJESTY's Commissioners for Ecclesiastical Causes and for Visiting the Vniversities and all and every Cathedral and Collegiate Churches Colledges Grammar-Schools and other the like Incorporations or Foundations and Societies WHereas We thought Fit by Our Order of the 22 d. of June last to Declare and Decree That the Pretended Election of Mr. John Hough now Dr. John Tough to the Presidentship of St. Mary Magdalen Colledge in the Vniversity of Oxon was Void and therefore did amove the said Mr. Hough from the Place of President of the said Colledge And whereas the Fellows of the same were likewise convened before Us for their Disobedience to and Contempt of His MAJESTY's Authority by making the said Pretended Election and it now appearing unto Us That the said Dr. John Tough Dr. Charles Aldeworth Dr. Henry Fairfax Dr. Alexander Pudsey Dr. John Smith Dr. Thomas Bayley Dr. Hhomas Stafford Mr. Robert Almont Mr. Mainwaring Hammond Mr. John Rogers Mr. Richard Strickland Mr. Henry Dobson Mr. James Bayley Mr. John Davies Mr. Francis Bagshaw Mr. James Fayrer Mr. Joseph Harwar Mr. Thomas Bateman Mr. George Hunt Mr. William Cradock Mr. John Gillman Mr. George Fulham Mr. Charles Penyston Mr. Robert Hyde Mr. Edward Yerbury Mr. Henry Holden and Mr. Stephen Weelks Lately Fellows of the said Colledge do persist in their Disobedience and Contempt We have thought Fit upon Mature Consideration of the Matter to Declare Decree and Pronounce And We do accordingly Declare Decree and Pronounce That the said Dr. John Hough c. and every of Them shall be from henceforth they are hereby declared adjudged Incapable of Receiving or being Admitted to any Ecclesiastical Dignity Benefice or Promotion and that such and every of them who are not as yet in Holy Orders shall be and are hereby Declared and Adjudged incapable of Receiving or being Admitted into the same And all Archbishops Bishops and other Ecclesiastical Officers and Ministers within the Realm of England are hereby required to take Notice of This Our Sentence Order and Decree and to yield Obedience thereunto Given under Our Seal the 10th of December 1687. The Conclusion THUS You have a Just Account given You of the Proceedings of His MAJESTY's Commissioners and Visitors with the KING's Power in Matters Ecclesiastical How according to Church of England-Law His MAJESTY can Dispense not only with College-Statutes but with Provincial Canons and Acts of Parliament And yet how Unjustly the Fellows Opposed the KING's Supremacy to which they are All Sworn and which they should have Regarded after another manner than they did As also with what Contempt and Scorn they Carryed it towards His MAJESTY's Visitors Giving them Opprobrious Language and making False Reports of Matter of Fact intending to fill the Minds of the KING's Subjects with Fears Jealousies and Discontent so that on the whole an Ordinary Capacity may with much clearness perceive That His MAJESTY's Commissioners have in their Proceedings against the Magdalen-Fellows kept within the Bounds of Justice And notwithstanding any thing the Commissioners have done either against the Bishop of London or Magdalen College His MAJESTY's Clemency toward the Church of England is surprizing and cannot but appear so to any that do but mind what I have already mention'd about the Opinion of the Judges which was That the KING without a Parliament can make Ordinances and Constitutions for the Government of the Clergy and Deprive them if they Obey not To which let us Add That this was the very End for which the Judges Opinion was desired viz. The Justifying the Church of Englands Depriving the Old Puritans for not Subscribing to the Ceremonies enjoyned by the Canon thereby plainly shewing that the KING without a Parliament may appoint what Ceremonies He please Now it 's not to be doubted That if His MAJESTY would but Exercise this Power in Matters Ecclesiastical he might Appoint and Ordain so many Ceremonies and Require Subscription to them as would make the Church of England look exactly like that of Rome and Deprive all those that dare Disobey Let us but Consider then with what Severity the Church of England-Clergy express themselves against Popery and again Observe how easily the KING might by their own Law impose a very great Part of It on them and deprive them if they Obey not and 't will not be difficult to conclude what would be the condition of these Present Sticklers against Popery To the Sign of the Cross in Baptism the KING might enjoyn Exsufflation Salt and Spittle and to Kneeling at the Sacrament the Deacons Kissing of the Hand or Right Shoulder of the Priest and the Mens Kissing each other besides Holy Water and it's Consecration as well as the Consecration of Churches and a hundred such things more might His MAJESTY enjoyn the Clergy and thereby make it necessary for Our Clergy to Subscribe unto all these to the Opening the Mouths of Dissenters against them or to Feel what a Deprivation is But His MAJESTY to the end He may convince the most Obstinate Enemies to His Government is Resolv'd to Proceed in the calmest Way and therefore notwithstanding the most Undutiful and Disloyal Reflections Cast on MAJESTY It self by some of the Church of England It 's His Royal Purpose That His Commissioners shall not Exercise that Severity against them which they have against Protestant-Dissenters Nor will His MAJESTY take those Advantages against their Clergy which He might He is rather for the more Peaceable and Christian Methods and therefore will do the Church of England no more Hurt than to give Ease unto Others And nothing but a most Violent Provocation can Overcome Him to Alter this Method FINIS

by the First of Edw. 6. it is declared that It 's contrary to Common-Law for any to Hold Courts in any other than the KING's Name So that whatever becomes of this Statute whether Repeal'd or in Force seeing the Common-Law remains the same the Bishops must have a Commission from the KING and Hold Courts in His MAJESTY'S Name or be affirm'd to make an Invasion on the Common-Law which is no less than a Premunire However the Bishops have held Courts in their own Names ever since King Edward's Days and as the Old Puritans did imagin their Courts were Illegal their Bishops Premunir'd and several Demurr'd to their Jurisdiction For which Reason Charles the First call'd all his Judges together commanding them to give in their Opinion touching this Matter which they did in these Words According to Your Lordships Order made in His MAJESTIES Court of Star-Chamber the 12th of May last We have taken Consideration of the Particulars wherein our Opinions are required by the said Order and We have All agreed That Processes may Issue out of Ecclesiastical Courts in the Names of Bishops and that a Patent under the Great Seal is not necessary c. By this it appeareth That the Whole Power of the Bishop's Jurisdiction depends upon the Opinion of these Judges and if these Judges Opinion be not more prevalent than the Common-Law the Jurisdiction of Bishops is gone If it be the Dispensing-Power grounded on the Late Opinion of the Judges is Valid So that the last Result will be this the Bishop's Power must be Destroyed or the KING's Dispensing-Power must be Recogniz'd But although the Matter is so fully cleared up in Defence of His MAJESYT's Commissioners and Visitors yet the Insolence of the Magdalen-Fellows and their Contempt of the Regal Authority exceeded all Bounds For as they contrary to the Royal Mandate proceed to Elect Dr. John Hough and although his Election was made null and void by the Commissioners for Ecclesiastical Causes yet the Dr. refused to submit thereunto whereby he put the Commissioners under a necessity of Expelling him the House which being done the Doctor makes his Protestation against their Proceedings as Illegal and Unjust and Null and this Protestation accompanied with a Tumultuous Humm or Acclamation as if the Whole House had been engaged in a Conspiracy against His MAJESTY and had design'd the Depriving the CROWN of One of its Richest Jewels viz. The Ecclesiastical Supremacy The Fellows also at first refused to submit unto the Bishop of Oxford who was by His MAJESTY made their President but at last gave in this Answer in Writing viz. Whereas His MAJESTY has been Pleas'd by His Royal Authority to cause the Right Reverend Father in GOD Samuel Lord Bishop of Oxford to be Installed President of this Colledge We whose Names are hereunto Subscribed do Submit as far as is Lawful and Agreeable to the Statutes of the said Colledge The Chaplains and all the Members of the Society except the Under-Porter gave in a Paper to the same Effect But Dr. Farefax who would not Submit unto the Suspension he had incurr'd Disowned the Jurisdiction of the Court for which Reason he was Deprived of his Fellowship And notwithstanding the above-mention'd Submission these same Fellows within three Days brought in a Paper with all their Hands Subscribed of the Tenor following May it Please Your Lordships WEE have Endeavoured in all Our Actions to Express Our Selves with all Humility to His MAJESTY 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 oblig'd 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. On the Tuesday October 25. 1687. they Submit but on the Friday following October 28. they can't in Conscience do it A very sudden but a prodigious Change. Their Submission was as much as the Visitours expected for as it was to the Bishop of Oxford their President Installed by His MAJESTY's Royal Authority as far as is Lawful and Agreeable to the Statute of the said Colledge this was enough For according to Church of England-Law the KING can Dispense with their Statutes To talk of an Indispensable Statute is to suppose it design'd for the Limitation of the KING's Power in Ecclesiastical Causes whereby it becomes Ipso Facto void and null but there being no such Statute the Method His MAJESTY took was such as capacitated the Fellows to Obey His Authority without laying their Consciences under a Violence 'T was all Fair and Legal and their Complying so far satisfied the KING's Visitors But as we may well conjecture the Fellows having consulted the Under-Porter who had either more Sence or Honesty than the Doctors for he refused to submit so far perhaps knowing that this was a full Submission they tack about and presume to justifie all that they had done in this Affair Though they had declared That they denyed the Jurisdiction of the Court and thereby endeavoured to Ravish from the KING a peculiar Part of His Supreme Authority Though they applauded Dr. Hough for his Protesting against the Proceedings as Illegal Void and Null Yet they arrive to the Boldness of Averring That in the Whole Conduct of this Business they did nothing but what their Oaths and Statutes Indispensably obliged them to and therefore cannot declare That they have done any thing Amiss and make Use of what they have oft call'd the Old Seditious Cant of Regulating the Principles of their Loyalty to the KING by the Conscience of an Oath to the Statutes of the Colledge and with a Salvo to their own Rights Though the poor Dissenters did Plead Conscience of Duty unto GOD Only as what they Judged sufficient to exempt them from Obeying their Prince in those Instances which Interfer'd with the KING's Command yet 't was enough to provoke the Prelatists to censure them Seditious Factious and Rebellious But these Gentlemen plead Conscience not that they are bound by an Heavenly Decree they can go no higher than to insist on the Obligation of a little Colledge-Statute that has been Dispensed with and the Sacredness of their University-Rights as if greater Regard must be had to the Pretended Rights of the Church of England-Clergy and Schoolmen than to those of the CROWN and a greater Deference must be paid to the Vacated Statutes of their Colledge than the Puritans might give to the Commands of Jesus Christ Thus these Magdalen-Gentlemen go on with a