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An Account of ye Cambridge case & all ye proceedings therein.

On ye 9th day of Febr. being Ashwednesday, came a Letter under his Mats Signet Manual dated ye 7th of ye same month; ye substance whereof was; yt hearing much in coendation of one Alban ffrancis a Benedictine, ye King was pleased to command ye Vniversity, yt they should admitt him to ye Degree of Mr of Arts without administring to him any oath or Oaths; whatsoever any law or Statute to ye contrary in any wise notwithstanding wch wch {sic} his Matie was pleas'd graciously to dispence in behalf of ye sd Alban ffrancis.

On Munday ye 21th ye Vice Chancellr having summon'd a congregation read his Maties letter purporting as before & superscrib'd To or Trusty & welbeloved ye ViceChancr. of ye Vniversity of Camb to be communicated to ye Senate there upon ye reading hereof ye Senate who had made ye best advantage they could of ye V. Chancrs. delay in order to getting advice resolv'd to testifie their common & almost unanomous {sic} sence of ye thing & in a matter of such consequence & novell practice to interpose accordingly there was (as 'tis commonly term'd) a Grace, ye very original paper whereof I have seen, drawn up in order to be put to ye vote of ye house after ye ordinary & usuall way, but ye constitution of ye body being such yt this must \first/ of necessity have been propos'd to what we call ye Heads wch consists of 6 persons each of wch hath an Arbitrary voice & power upon dislike to stop any proceeding finally & hinder it from being put to ye house at all, this method was laid aside as impracticable upon yt occasion. Because Mr Basset a declar'd Roman Catholick & one yt had openly asserted Mr ffrancis his cause happened to be one of ye six who composed ye Head for this year. It was therefore presum'd wth great appearance of Reason yt he would put a bar to ye proceedings & so ye Grace not being sufferd to be offerd to ye House ye Senates sence could never have been fully & particularly known thereupon.

This Consideracon constraind ym to ye use of another course wch was without ye formality of a suffrage voluntarily to testifie their concurrance wth Mr. V. Chr. & advise him to forbear ye admitting Mr ffrancis till ye King had been petitioned to revoke his Mandate. As soon as ye Letter came to Town ye V. Chr. wrote away to ye Duke of Albemarle or Chancr. to beg his intercession wth ye King wch he returnd word was tryed wth no effect. But possibly such a body as ye Vniversity concurring & signing a petition if yt should be admitted might prove better & more successfull. Now because if every single man prsent to ye number perhaps of 150 or 200 should advise to ye in person to ye V. Chr. this might look tumultuary it was thought ye more quiet decent & respectfull way to send up their sence by Messenger from each House. To this purpose Dr. Smoult Professor of Casuisticall Divinity was made choice of by ye Non Regents & Mr Norris Fellow of Trinity Colledge by ye Regents. The substance of wch {sic} they deliver'd was yt ye House thought ye Admission of Mr ffrancis without ye usuall oaths to be illegall & unsafe & for yt reason advisd ye K. might be petition'd to revoke his Mandate in ye doing wch they were ready to joyn & make it their Act. The opinions were given to these two Messengers freely in each House & ye thing was so unanimously approv'd yt ye only persons taking {sic} notice of to be agt it amongst so many were 3 Papists & one or two besides. Afterwards there was a Gent. admitted Dr. of Physick by virtue of a Mandate having first taken ye oaths & ye Esq Beedle & Register were sent to let Mr ffrancis know yt ye Senate were ready to admitt him provided he would swear as ye Laws appointed. But he refusd insisting upon ye Ks dispensa{tion} & this was ye business of ye first meeting about this matter.

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Immediately upon ye Congregation's breaking up Mr ffrancis took horse for London to represent at Whitehall wt had been done & ye same Afternoon ye Heads met in Consistory to Consult wt Lts should be sent & to whom they agreed upon one to ye D. of Albemarle & another to ye Earle of Sunderland He being ye Secretarie of State thro' whose hands ye Mandate passed. An Esq Beable {sic} was dispatcht yt night who after having waited on ye D. of Albamarle endeavourd severall times to gett access to ye Ld Sunderland but could not at last having sent in his Letter (The main whereof was a most humble submission to his Matie. wth very solemn & unfeigned Protestation yt wt was now done proceeded not from any Principle of Disobedience & stubborness but a conscientious sence of or obligation to Laws & Oaths & a respectfull intimacon yt we were ready to petition ye K. if it might be admitted, but not daring to approach him without some significations yt it would be acceptable we applyed or selvs to his Ldship desiring him to doe ye Vniversity ye favour to mediate for them &c.) He was dismisst without any particular answer.

Within a few days came a second Letter dated Feb 24 wch by reason of ye Assises & some other publick business intervening was not read in ye Senate till Friday March 11. The Vniversity & V. Chr. in ye mean time had receiv'd a great deal of satisfaction by ye opinion of some eminent Lawyers who confirmed ym in ye Approbation of wt was already done, & for ye future declard they could advise no Be|o|ther cause than humbly to represent ye case to his Matie & entreat him not to think amiss of so loyall a body as ye Vniversity had always shown themselvs. The Second Letter being read ye day beforesaid wch was exactly ye same as ye former excepting only ye addition of a Clause to do it at or perill. The Senate proceeded as before to advise ye V. Chancr. to some expedient form representing ye case fully & clearly to ye K. as well wth ye respect to ye illegality of such admission, as ye many ill consequences yt were like to attend it. This ye Non regent House did by Mr Billers ffellow of St Iohns Coll. ye publick orator & Mr Newton ffellow of Trinity Coll. Mathematick Prof: The Regent House by Mr Henry ffinch Son to ye late Ld Chancr. Mr Burton of St Iohns Coll. & Mr Will Bowles ffellow of Kings Coll: all wch was done without ye least hurry or irregularity without so much as asking an opinion but every man went & gave it quietly of his own Accord. So yt no manner of inducemt was put upon any one to declare himself in ye business but wt proceeded meerly from his own Conscience & a due sence of ye things.

Another large Letter being prpard for ye D. of Albamarle wherein was every thing almost yt could be thought on to prevail wth his Matie. & one likewise shorter & less particular to ye E. of Sunderland. That very afternoon Mr Prudock ffellow of Catherine Hall & Mr Stanhop ffellow of Kings Coll were desir'd by ye V. Chr. to go to London wth these Lrs & other instructions to apply themselvs to several persons of Honour & Charecter yt they would all joyn forces & think it a common cause for so addressing to ye K. ye success would be more probable & ye Honour done to ye Vniversity greater. Sunday March 13th ye two Gent. waited on their Chancr ye D. of Albemarle who recd them wth all ye goodness {in ye} world wth Assurances yt notwithstanding He had waited on ye K. before {he kn}ew his inclinations nay <2r> tho hehad been receiv'd with something of displeasure yet considering the relation He bore to us He would make another attempt & thought himself oblig'd to omitt no Endeavours for ye Vniversitys safety & advantage. Monday ye 14th in ye evening ye D. of Albamarl waited on ye K. & in his passage towards ye Beb {sic}chambr. took to {sic} ye two Gent. into ye Antichamber yt they might be introduct if occasion were. The K. upon ye Dukes acquainting him wth ye affair told him he had not then leasure to talk but commanded ye Lettr. wch ye V. Chr. sent to ye D. of Albamarl wth wch in his hand he passt thro ye rooms & making yt evening a visitt to ye Q. Dowager gave ye D. no further opportunity of knowing his pleasure at yt time. At ye Dukes return from ye inner room ye Gent. desir'd him to give leave yt they might use his name to procure \ym/ easie admittance to ye E. of Sunderland for yt they resolv'd to deliver their Lettr to no other hand but his own if yt might be. The Duke immediately sent his Gent. of ye Horse to one of ye Ld Sunderlands Secretaries making it his desire yt Mr Bradack & Mr Stanhop might see ye E. who accordingly appointed ym to ye Ld Sunderlands bedside who took ye Lettr & after some further applications made to him by word of mouth He promist ym to acquaint his Matie & tell ym his pleasure on Thursday at wch time Mr Bradock {with} his Companion came all ye Account they receivd was only this, That ye K. had seen ye V. Chrs. Letter, yt he was offended at ye Vniversitys proceedings & would take care very shortly to give a farther Answer.

Saturday ye 19 of Apr. Mr Atterbury came down wth a suons from ye Ecclesiasticall Comrs to this effect. That whereas complaint had been made to ym agt ye V. Chr. & Senate of ye Vniversity of Camb. for having refusd to comply with his Mats Royall Lts in behalf of Mr ffrancis they were therefore commanded to appear ye V. Chr. in person & ye Senate by themselvs & their Deputies before ye Ld Comrs in ye Councell Chamber ye 21st of Apr. to answer such things as should be objected agt ym in his Mats behalf upon ye mises &c. Monday Apr 11th a Senate was called & 8 persons nominated to represent ye Vniversity together wth ye V. Chr. all which being unanimously approv'd by ye Senate they empower'd ym by an instrumt under their common seal to answer in their behalf, & to be their full Actors Attorneys & Proctors as to wt would arise from ye Commission Court upon ye late Summons And Mr Atterbury having receivd private instructions to stay & cite every man yt was chosen personally; He came accordingly into ye Senate House & suond as many as were prsent waiting upon the rest at a conveniant time. The Persons deputed by ye Senate to represent & act for ym were these.

Dr Iohn Peachell V. Chancr.Mr Iohn Billers ffellow of St Iohns Coll. & publick Orator of ye Vniversity
Dr Humphrey Babington fellow of Trin. Coll.Mr. Isaac Newton ffellow of Trin. Coll. & Prof. of ye Mathematicks
Dr. Iohn Eachard Mr of Catharine HallMr. Iames Smith ffellow of Queens Coll &
Dr. Tho. Smoult ffellow of St. Iohns & Profes. of Practicall Mr George Stanhop ffellow of Kings Coll.
Dr. Will Cook Dr of Civil Law & ffellow of Iesus Coll.
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Thursday Apr. 21 Councill Chamber

Ld Chancr. IefferiesLd Bishop of Durham
Comrs presentLd President SunderlandLd Bp of Rochester
Ld MulgraveLd Ch Iustice Herbert
E of Huntington

Ld Chr.          Is Mr V. Chr. here? Which is He?

He standing over agt ye Ld Chr. bow'd & show'd himselfe.

Ld Chr.          Is there any body come from ye Senate to attend him?

M. Stanhope          Yes my Ld we are 8 of us here deputed by ye Senate to answer wt shall be objected agt ym according to yor Ldps suons

The noise & crowd being \very/ great Mr Bridgman was forc't to repeat yt over again to ye Ld Chr

Ld Chr.          Read ye Summons (wch was done).

Ld Chr.          Now Mr. V. Chr. wt have you to say yt you did not obey his Maties Commands in behalf of yt Gent. menconed there

Mr. V. Chr.          My Ld you enquire of me why I did not admitt Mr ffrancis according to ye Kings Letters

Ld Chr.          Yes yt is ye Question I ask you

Mr. V. Chr. My Lds it is but a little while since our meeting all in Town, & this is a Question of great concern I am not prepar'd to answer it all on a sudden

Ld Chr.          Why Mr. V. Chr. my Lds specified in ye suons ye thing yt would be Questiond on purpose yt you should not come unprepar'd but it may be Mr V. Chr. did not ad|t|tend sufficiently to yt part o'the suons therefore let it be read to him once again (wch was done)

Ld Chr.          Now Sir you hear wt you are charged wth t'is for refusing to comply wth his Maties Commands.

Mr V. Chr.          My Lds I beg time to answer you, My Lds I am a plain man, not usd to appear before so honourable an Assembly, & if I should answer hastily it may be I might say something indecent or unsafe wch I should afterwards be sorry for, Therefore I beg leave my Ld to have time allowd us for giving in such an Answer as may be both for or safety & yor Ldships Honour.

Ld Chr. smiling)      Why Mr. V. Chr. as for yor own safety my Lds are willing you should take all ye care you can, but for wt concerns or Honour doe not you trouble yor self we are able to consult wthout any interposition of yours.

Mr. V. Chr.          My Ld I beg yor pardon if I have said any thing unbecoming, I {sic} meant only ye Honour yt is due to yor Ldships quality My Ld & therefore being to Answer before Persons of such Quality, I beg leave to doe {illeg} it by councell & in writing.

Ld Chr.          Well withdraw a little & my Lds will consider of your request

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Then all ye company withdrew & about 3 quarters of an hour after the V. . was sent for into an Antichamber where Mr Bridgman told him yt ye Lds Comers had given him time till Wednesday next at 4 in ye afternoon & leave to put in his Answer in writing & wth Councell & by wt Councell he would. When ye Councell heard wt the; Comers had granted they were something surprized and loath to move in ye thing without a Rule of Court, therefore on friday morning Dr. Eacherd & Mr Stanhop went to Mr Brig|d|gmans office to desire such an order or at least a copy of wt he had sd to Mr V. Chr. but he told ym he had no power to give either only he repeated ye words over again for ye satisfaction of ym & ye Councell wch was ye same yt ye V. Chr. had related from his mouth before.

Wednesday Apr. 27

In ye Councill Chamber

All ye Comers present

About a quarter of an hour before ye Lds met Mr. Bridgman came to ye V. Chr. & desird to know of him whither he gave in his Answer in writing only or whither any Councell would appear to argue it. To wch ye V. Chr. replied yt his Answer was drawn out in writing & yt he did not expect any Councell there yt day, Mr. Bridgman replied yt ye Lds had commanded him to ask those questions and wou'd expect so much before they begn {sic} to proceed when ye Delegates were called in ye Ld Chr. said.

Ld Chr.          Mr V. Chr. ye last time you were here you desired time to put in your Answer in writing. My Lds have indulg'd you so far now where is yor Answer?

Mr. V. Chr.         My Ld here it is (& gave it Mr. Bridgman)

After a whisper round about ye Table

Ld Chr.          Read it

Here follows ye Plea

The Answer of ye V. Chr. & Vniversity of Cambridge to ye Question why they did not admit Alban ffrancis to ye degree of Mr of Arts in ye same Vniversity according to his Maties Mandatory Lettrs wth his sign manuall.

The sd V. Chr. & Senate for & in behalf of themselvs & ye sd Vniversity say yt by ye statute made 1o Eliz intituled an Act to restore to ye Crown ye Ancient Iurisdictions over ye Estate Ecclesiasticall & spirituall & abolishing foreigne power repugnant to ye same. It is enacted amongst other things yt every Person yt shall be promoted to any degree of Learning in any Vniversity within this Kingdome before he shall receive or take any degree shall before ye Chancr. or V. Chr. in yt Vnivers: take ye oath in ye Statute mentioned & appointed purporting yt he doth thereby testifie & declare in his Conscience yt his Matie is ye only supreame governr in this Realme as well in all spirituall & Ecclesiasticall things & causes as temporall That no forreigne Prince, Person, Prelate, State or Potentate hath or ought to have any Iurisdiction, Superiority or Authority Ecclesiasticall or Spirituall within this Realm, & yt therefore he doth renounce & forsake all foreign Iurisdictions and Authoritys & promise to bear faith & allegiance to ye K. his heirs & successrs & to his power assist & defend all jurisdictions & Authorities granted, united, annexed or belonging to his Maties Imperial Crown of England.

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That by ye Statute made by his Maties Royall Grandfather K. Iames ye 1st in ye 3d yeare of his reigne intituled an Act for ye better discovering & representing {sic} of Popish recusants another Oath is prescribd commonly called ye oath of         by wch oath ye Person yt takes it amongst other things is enjoyned to swear yt his Matie is the lawfull & rightfull K. of this Realm & of all other his dominions & Countries & yt neither ye Pope of himself or by any other means has power & Authority to depose his Matie or dispose of any of his Kingdomes & dominions or to authorize any forreigne Prince to invade ym or to discharge his subjects from their obedience or allegiance to his Maty & him will defend it to ye utmost of his power. And afterwards by ye Statute made in ye 7th year of ye reign of his Maties Royall Grandfather intituled an Act for ye administring ye oath of allegiance it is enacted yt ye sd mentioned oath shall by ye V. Chr. & Principalls of Houses in ye Vniversity be publickly taken in ye Convocacon before ye Senior Masters & by every other person yt shall be promoted to any degree in School before ye V. Chr. for ye time being in ye Convocation House. That ye V. Chr. & every member of ye Senate has taken ye sd oaths & ye V. Chr. & Senate are ye persons intrusted to put ye sd laws in execution in ye Vniversity. That ye V. Chr. by oath of office hath also sworn duly to execute his office according to ye Laws & cannot admitt to any degree without ye Senate.

That ye sd Statutes were made for ye preservation of ye Religion & doctrine professd by ye Church of England & establisht by ye laws of this Kingdome & of ye Prerogative & rightfull powers of his Matie.

That upon ye receipt of his Maties Lrs mandatory ye same were by ye V. Chr. communicated to ye sd Senate & in order to ye admitting ye sd Alban ffrancis to ye degree of Mr of Arts ye sd oaths were offer'd to be adminstred to ye sd Alban ffrancis if he would take ye same wch he refused.

That ye admitting him without taking ye sd oaths had been contrary to ye sd Statutes & a breach of ye Trust in ye V. Chr. & Senate repos'd & a violation of their Oath Therefore they could not admitt ye sd Alban ffrancis to ye sd degree & by their humble Applications to his sacred Matie represented & again humbly desire yor Ldships to represent this their case to his Matie yt they may not be under his Maties displeasure upon any misapprehensions thereof. But whether their Ldships will as a Court take cognizance of this matter they humbly pray their Ldships consideration since taking ye degree of Master of Arts in ye Vniversity or ye admitting or refusing to admitt to such degree is not any cause or matter Ecclesiasticall or spirituall but of lay & temporall Cognizance, & they farther humbly offer to their Ldships yt by ye Statute made in ye 16th year of his Maties most Royall father K. Charles 1st entituled an Act for repeal of ye branch of a Statute 1o Eliz concerning Comrs for causes Ecclesiasticall & whereby ye sd branch is repeald it is enacted yt no new Court shall be erected ordaind or appointed within this Realm wch shall or may have like power jurisdiction & Authority as ye High Coission'd Court then had or prtended to have but yt all & every such Commissions & grants & all powers & authorities granted or pretended to be granted thereby shall be void & of no effect as in & by ye Statutes more fully appear.

Which being read Ld Chr. said Is it sign'd?

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Mr. Bridgman         Yes my Ld ye Ld|V.| Chancr. & 8 more

Ld Chr.          Read their names wch was done.

Ld Chr.          Well have you any more to say

V. Chr.          No my Ld not at this time

Ld Chr.          Then withdraw.

All ye Company withdrew & about an hour & half after ye court rose & afterwards Mr Bridgman desird to speak wth ye V. Chr. & delegates in ye Councell Chamber to whom he sd yt their Ldships had commanded him to tell ym they had put off all farther consideration of this matter till Saturday come sevennight & then they expected their Attendance again. Mr V. Chr. askt him if Councell could be expected then to plead upon their Answer, He replied their Ldships had given him no Commission to say any thing to yt & so they all withdrew.

Saturday May 7th

This day it was publickly discoursd throughout ye Town yt ye Lds had received a new Commission & immediately Lawyers were consulted whether it were proper to urge yt at his appearance wt could be gathered thereupon was to this effect That yt were a good plea if it could be well prov'd for yt ye receiving a new Commission in ye midst of a Process especially if there be any alleration {sic} in it as to ye extent of their Power would at least be a good prtence to begin ye whole cause again & gain time. But yt it was by no menas safe to alledge ye things for a flying report is no evidence & if yt report were fals it might be a great prejudice to them & their cause.

Councill Chamber

Ld Chancr.Ld B of Durham
Comers presentLd President SunderlandLd B of Rochester
E. MulgraveLd Ch: Iustice Herbert.
E of Huntington

Ld. Chr.          Mr. V. Chr. ye last time you were here you gave in a Paper to my Lds signed by yor self & many others coming from ye Vniversity – consists of severall parts, but there is one thing I must crave leave from my Lds to discourse you upon wch concerns yor self ye Lds took notice you alledg'd an Oath & yt Oath it seems hindred you from obeying ye Ks Commands. Pray wt was yt oath?

Mr. V. Chr.          My Ld this is a new Question wch you were not pleas'd to put before & I beg leave & time to answer it.

Ld. Chr.         Why Mr. V. Chr? This requires no time. My Lds I tell you took notice of an Oath wch you pleaded for yor self & now desire to know wt ye oath is

Mr. V. Chr.         My Ld I beg I may not Answer happily but yt yor Ldship will let me know wt questions you will ask & let me answer ym in writing & by Councell.

Ld. Chr.          Why did you consult Councill when you took yor oath? I am really concern'd for ye Vniversity of Camb. whereof I was once a member my self yt ye V. Chr. who is ye Head & representative of so Learned a Body <4v> shou'd come before ye Ks. Comrs & not be able to give an Account of ye Oath yt he has acted by all this while but desires time & Councell to tell him wt this oath is

Ld Mulgrave          Why cannot you tell us wt you {sic} oath is.

Dr Cook          My Ld if yor Ldship; pleases I think I remember ye words of ye oath

Ld Chr.         Nay good Dr How came you who never were V. Cr. & so never took this oath to understand it better than one {who} is V. Cr & has taken it.

Mr V. Cr.          My Ld I cannot call to mind ye very words but ye substance of ye oath is yt I should well & faithfully præstare or administrare munus or officium Procancellarij

Ld Chr.         {sic} munus or officium & wt then?

V. Chr.          And my Ld this Office I take to be stated by ye Statutes of ye Vniver: & laws of ye Land

Ld Chr.          Well & how long has this been ye V. Chrs oath?

V. Chr          Indeed my Ld I am not able to tell you exactly.

Ld Ch:          How long do you think I will not tye you up to a time V. Chr.

V. Ch:          My Ld ever since I knew wt belongd to it ever since I was head of a Coll:

Ld Ch:          How long have you been head of a Coll:

V. Ch:          Six or 7 yeares my Ld

Ld Ch:          Have not other V. Chrs admitted to degree wthout oaths who had taken ye same obligatory oath yt you had done

V. Ch:          Indeed my Ld I cannot remember every thing particularly yt has be {sic} done

Ld Ch:          Well, because we will keep close to ye question, do not you remember any Mr of Arts made without Oaths

Dr. Cook          My Ld not under ye Quality of University noblema\e/n

Ld Ch:          Nay good Dr you was never V. Ch: yet when you are we may consider you

V. Ch:          My Ld ye Answer to yor Question will depend upon our university books & records if you will give us time to consult ym we will give your Ldships an account

Ld Ch:          No look you Mr V. Ch: you have given an Answer in writing already & because there is something in it my Lds wou'd be farther satisfied in they have left it to me to ask you here some Questions extempore I ask you therefore if you never remember any who have been admitted heretofore without these oaths

V. Ch          My Ld I cannot say yt I remember any

Ld Ch:          Did you never hear of one Dr Lightfoot

V. Ch:          I think I have heard of such a one my Ld

Dr Cook          My Ld I beg leave to speak a few words

Ld Ch:          Well wt ist you have to say

Dr Cook          My Ld Dr Lightfoot did subscribe

Ld Ch:          What subscription do you mean

Dr. Cook          To ye 3 Articles ye 1st of wch is ye Ks supremacy

Ld Ch:          Subscribing is no swearing Dr. But Mr V. Ch how many have you admitted by Mandate

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V. Ch:          Never but one my Ld since I came to ye office & he took ye Oath

Ld Ch:          Do you never admitt any without Oaths who have not such particular L{etters} patents from ye King.

Mr Stanhope          Never my Ld & as for Dr Lightfoot they were aware before of this partticular persons being objected & therefore had provided a full Answer for Mr Stanhope undertook it because ye Book & university Papers had been committed to his inspection & care. In answer had he been permitted to speak he had this to offer yt ye Register of Subscribers was then in Court in his hands redy to be product where Lightfoot subscribd wth his own hands ye 3 Articles ye 1st whereof is ye Kings supremacy & yt he cou'd refuse upon a Principle because ye same must in all reason have hindred his subscription & as a farther proofe yt he did swear they were ready to offer this yt 2 \other/ Gent Roman Catholick Servants to ye Q. Dowager did by virtue of ye same Lrs from ye K. at ye time of his coing to Camb desire their Mr of Arts degree their names were Pereira & Stephens. These Gent. were proposd & granted but upon refusall to swear not admitted. Of this they cou'd have product, 1st a Testimony upon Oath from a Gent: then in Court & besides yt ye Vniversity papers & Graces wch show these Gentns Names among ye persons past in ye House but wanting in ye list of subscribers & Commencers. After wch they wou'd have refer'd it to ye Court whether it was probable yt ye Vniversity shou'd admitt one of ye Qs. Servants without Oaths & yet refuse two more who had ye same title but ye Chancr. wou'd not hear them.

Ld Chr.          Nay look you yt young Gen: expects to be V. Chr. too, when you are Sr you may speak till then it will more become you to forbear. But Mr V. Chr. when was it pray yt you receivd ye Ks Lrs ye 1st Lrs I mean.

V. Ch:          I do not perfectly remember my Ld I cannot call to mind ye day of ye Month

Ld Ch:          When were they dated do you know (To Mr Bridgman)

Mr Bridgman          My Ld (pausing)

V. Ch:          My Ld I remember 'twas upon Ashwednesday

Ld Ch:          And when was it these Lrs were publisht in ye Senate

V. Ch:          My Ld it was ye Monday night after

Ld Ch:          And wt was ye meaning of yt delay Mr V. Chr: ye Ks. business uses to have quicker dispatch.

V. Ch:          My Ld it was a novell thing & I was willing to give my self & others time to consider of it.

Ld Ch:          It was an unusuall thing demanded by them you say & required some time to consider of it. V. Chr. yes my Ld.

Ld Ch:          Well but when you had read ye Lrs why was not ye Gent. admitted.

V. Ch:          My Ld ye Senate Senate {sic} to me to desire I shou'd forbear admitting Mr ffrancis till I had petitiond ye K. to revoke his Mandate

Ld Ch:          Why does ye Ks Mandate usd {sic} to be disputed, did you ever see a Mandate valid in ye Senate house whether it should be obeyed or no

V. Ch:          No my Ld usually they are not, but then ye House sent for to me to forbear for they had not any of this nature before

Ld Ch:          Did you ever know any Mandate of ye Ks. refus'd by ye university before

V. Ch.         (After some pause) Yes my Ld severall

Ld. Ch.          Pray give us some instance. V. Ch: my Ld one Tatwell

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Ld Ch:          Ay when pray how long was that agoe

V. Ch:          My Ld I cannot recollect ye time but it was in his late Maties reigne I beleive about 14 or 16 years agoe

Ld Ch:          How was that

V. Ch:          My Ld ye Mandate was given to one Tatwell a Nonconformist & he refus'd to subscribe & take ye Oaths thereupon my Ld ye Vniversity petitiond ye K. & reprsented ye matter to him & ye K. was pleased to recall his Mandate

Ld Ch:          But Mr V. Chr. had not you another Mandate for another Gent: at ye same time as this wch you refusd?

V. Ch:          Yes my Ld 'twas to make a Gent: Dr of Physick. Ld Chr.And he was admitted upon it was he not? V. Chr. Yes my Ld

Ld Ch:          Why shou'd they interpose in ye one & not in ye others? My V. Ch: My Ld yt had no dispensation for ye oaths in it.

Ld Ch:          But however if they did not vote it nor doe any other of ye Ks Lrs how do you know they consent?

V. Ch:          My Ld yt is prsumd by their silence, & offering nothing to ye contrary

Ld Ch:          Ay for yt you know we have a Proverb Mr V. Ch: Silence gives consent. But it seems he was not admitted immediately was it not before you cou'd tell whether they consented to both or no?

V. Ch:          No my Ld He was not admitted till after ye House had desir'd me to forbear in Mr ffrancis his case.

Ld Ch:          But as to ye Business of ye Senate desiring you my Lds I hope you will indulge me to speak a little of yt for having been formerly a member of ye Vniversity my Self I think I have some small remembrance of ye manner of proceeding there Pray Mr V. Chr. how was it yt you knew their minds in yt business.

V. Ch:          My Ld ye House sent me up their opinions

Ld Ch:          How pray? B|b|y whom?

V. Ch:          The non Regent house by Dr Smoult ye 1st day & by Mr Billers ye Orator & Mr Newton ye Mathematick Prof: ye 2d day.

Ld Ch:          By whom do you say ye 1st day.

V. Ch:          My Ld by Dr Smoult from ye Non Regent House & Mr Norris from ye Regent House.

Ld Ch:          Well & wt said these to you?

V. Ch:          My Ld I do not know ye very words but it was to this effect yt I woud forbear admitting Mr ffrancis till ye K were petitiond.

Ld Ch:          Is yt Dr Smoult in ye Court?

V. Ch:          Yes my Ld he is here then He shewd himself.

Ld Ch:         Come Sr wt ist I pray yt you told Mr V. Ch:

Dr Smoult          My Ld I have forgot ye very words but it was to ye same purpose ye V. Ch: told you just now yt ye House desired me to acquaint Him they were for petitioning ye Mandate might be recall'd.

Ld Ch:          And pray Sr what are you yt you should be thought fit to reprsent a whole House? Why shou'd they choose you rather then any body else?

Dr. Smoult          My Ld I suppose because I was one of ye Senrs.

Ld Ch. But if you go to yt why was not ye very Senr. chosen?

Dr Smoult          My Ld I cannot tell they came to me.

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V. Ch:          My Ld He is one of or Professors.

Ld Ch:          Nay when I ask you Questions they prompt you & now you prompt {ym.} But I must tell you Mr V. Ch: you ought to take an Account of what is done in ye House yor self & not from others.

V. Ch:          My Ld my place is above at a great distance from ye Non Regent House & I cou'd not see wt was done there.

Ld Ch:          Why shou'd you take ye sence of a House from one Man?

V. Ch:          My Ld He came & told me ye House was of yt opinion & I thought I had no reason to question what he said.

Ld Ch:          How loud did he speak when he told you this.

V. Ch:          Pretty loud my Ld. Ld Ch: was it so loud yt all ye House might heare V. Ch: No my Ld Ld Ch: Did you send afterward to enquire whether he had told you their opinion faithfully or no: V. Ch: No my Ld I confess I did not Ld Ch: But how came this new way of giving opinions are not ye Proctors usually ye Men yt bring ye sence of ye House to ye V. Chr.

V. Ch:          Not of ye Non Regent House my Ld they are not admitted into yt House my Ld nor have any thing at all to doe there.

Ld Ch:          Well have you any thing else to offer to my Lds.

V. Ch:          No my Ld

Dr Cook          My Ld if our Answer yt we gave in ye last be not satisfactory we desire to have time allowd us to make a farther defence & do it with Councell.

Ld Ch:          Have you anything to say besides V. Ch: no my Ld.

Nor you Gent: – Then withdraw

After ye V. Ch: & 3 or 4 of ye Delegates were gone of & ye crowd was retird Mr Billers being a person engag'd in carrying up ye sence of ye House wou'd have informd ye Court who seemd under a mistake more particularly of ye Senates proceedings & how it comes to pass yt ye usuall way of suffrage was impracticable at yt time.

Mr Billers          My Ld I beg leave to speak one word

Ld Ch:          Who are you Sr?

      Mr Billers My Ld it is one of ye Gentl: yt sign'd ye paper & one whom ye V. Ch: told yor Ldship carried up ye sence of ye House ye 2d day.

Ld Ch:          Nay hold Mr Billers give me leave to compare your memory wth Mr V. Chrs. a little. Mr V. Ch: tells me yt Dr Smoult & Mr Billers went up both of a day, then comes Mr Billers & say {sic} Dr Smoult & he went up two severall days

Mr. Billers          My Ld Dr Smoult & I did not goe up from ye House both of a day.

Ld Ch:          The V. Ch: said you did & yt Dr Smoult went up from ye Non Regent house & you from ye Regent house.

Mr Billers          My Ld I could not possibly go up from ye Regents I do not belong to yt house my Ld

Ld Ch:          Indeed he said so Sr. Indeed he did my Lds did not he (to Mr. Bridgman) Mr Bridgman Yes my Ld

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(Mr Stanhop behind ye Bp of Rochester) My Ld under yor favour my Ld Ch. was mistaken ye Person yt ye V. Ch: told you went up from ye Regent house the same day wth Mr Smoult was Mr. Norris.

Bp of Roch:          My Ld I think yor Ldship forgets it was Mr Norris yt {illeg}|went| up from ye House Regent House with Dr Smoult.

Ld Ch:          Well Sr what ist you would say.

Mr. Billers          I was just acquainting yor Ldship wt was done & yt there was no other way – The thing Mr Billers intended to urge was yt ye usuall way of suffrage cou'd not be practis'd at yt time & so this other way was taken.

E. of Sunderl:          We heard yt before Ld Ch: we took notice both wt was done & wt was not done & therefore withdraw.

Then all ye Company retird & after above an hour & an half attendance they were calld in again & ye Ld Ch: pronounced ye sentence upon Mr V. Ch: in ye following manner:

Mr V. Ch: My Lds have commanded me to tell you, yt they have taken some time to consider ye Answer & are at last come to a resolution \upon/ it. My business is to tell you wt yt resolution is. My Ld {sic} consider you have been guilty of an act of great disobedience to ye Ks commands & other crimes & contempts & such as you appear before us you have very little to say in ye excuse thereof Therefore as a mark of his Mats. & their Ldships displeasure they have thought fit to appoint yt you be from henceforth deprivd of ye office of V. Chr. of Camb. They likewise order yt you do not prsume at any time hereafter to meddle wth any of ye publick business of ye Vniver. Likewise Mr. V. Ch: their Ldships consider yt you have a headship of a Coll & because ye example of so ill a Man may be of pernicious consequence to all under yt governmt they have likewise thought fit yt you be deprivd of yt Headship both as to ye Office & benefitt of it during his Maties pleasure. But because they have a Tenderness for ye Coll. for wch you all along have shewn but little regard my Lds have been pleasd to appoint yt ye revenues of ye Headship shall go to ye benefit of ye Society. This is their Ldships pleasure & to this they require yor od|b|edience. There are likewise some other Gent: yt have sign'd a paper here but my Lds expect their attendance when they sitt next wch will be upon Thursday & then we shall take ym into consideration.

On Munday Dr Peachell wrote to Mr Bridgman by an Esqr Beadle who attended him to desire a copy of ye sentence but answer was return'd yt ye sentence as yet was not committed to writing but verball only & so cou'd not have a copy but he repeated ye Heads only wth this Alteration yt he was suspended from his Mastership & not deprivd wch was an Error in ye Chrs. delivering it.

The beginning of ye next week was employd in making Enquiries after the new Commission ye Hanaper. Six Clerks, Rolls & riding Clerks office know nothing of it nor any Court they could be directed too. Mr Bridgman owned there was such a thing but did not instruct ym how to come to a sight of it. Those yt spoke best of ye Comrs proceedings urg'd ye removall of ye Ld Chief Iustice Herbert from ye Ks bench to ye Common Pleas as a thing yt made a new Commission necessary

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Ld Pres. SunderlandLd Bp of {Rochester}
E. of MullgraveLd . Iustice {Herbert}
E. of Huntington

The Delegates appeard without Dr Peachell.

Ld Chancr.          Gentlemen ye last time you appeard here before us my Lds thought fit to sett a mark of their just displeasure upon ye V. Chr. Gentlemen you cannot but be sensible & so must all ye world how pernicious & obstinate ye Vniversity have shewn themselves in refusing complyance wth ye Ks commands & such a Command as I must tell you You ought to have obeyed. There was a time & you may remember instances if you do not Ile turn you to one in ye yeare 1667 when ye late Kgs Lrs {were} so far from being disputed yt they past for a law among you & do to this day continue recorded among ye solemn Acts & publick statutes of ye Vniversity. Gentlemen my Lds consider a difference to be made betwixt ye V. Chrs. case & yrs & therefore did not conclude you who represent ye Senate wth him, but have requird yr attendance at this time. They impute ye miscarriage of yt Body Cheifly to a disease in ye Head tho neither are you without fault for {find}ing yr selvs so much as uneasie under ye Kgs Commands. Gent I must tell you yt their Ldships understood very well ye sly insinuation in ye Paper & {have} commanded me to tell you they know very well by wt Authority they sit {illeg} & from whom they derive, they know very well upon wt grounds they {goe}, tho they do not think fit to descend to particulars, they know too very well how far yt Authority extends not only to you of ye Vniversity but {to all} Societies of this Kingdom. Gent ye best way will be by ready obedience to his Maties Commands for ye future & by giving a good example to {others} to make some amends for ye ill example has been given you. Therefore I shall say to you wt ye Scripture says & ye rather because I see most of you are divines Goe yor way & sin no more least a worse thing {befall you}

As they were drawing off he called ym & said

Ld Ch:          Hold Gent I have something further to say to you, my Lds {require} a testimony of ye obedience yt you who represent ye Senate shou'd take care they have ye Vniversity Statutes brought to lay before ye {illeg}

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No no send ym by a proper Officer you are only to carry a message from us to Senate & tell ym wt we expect.

Dr Eachard         In wt time dos yor Ldship expect them

Ld Ch:          In a convenient time we will not tie you up but if you be tardy my Lds will take care to quicken you by an intimacon I mean only a Copy & not ye originall Statutes You are now dischargd from any farther attendance here

The Delegates upon ye V. Chrs deprivation being no longer capable of acting as publick persons nor consequently of deriving any inconvenience upon ye Body they had represented thought they might venture their own persons a little more boldly, therefore to satisfy ye world they were mighty desirous to bring about a second hearing of some points wch before ye V. Chrs: sentence they were not sufferd to speak to & wch ye V. Chr when askt had no opportunity of answering so very particularly too as they cou'd have wisht confining themsevs all ye while to such questions as did not concern ye V. Chr. solely & personally but affected ye whole Senate joyntly wth him, wch order they had likewise observ'd in interposing at ye Tryall. This answer they had ready to offer in writing if yt wou'd be admitted, but if not resolvd to argue it by word of mouth, ye substance of it may be reduct to two heads

1st The business of admitting others & particularly Dr Lightfoot wthout oath they said

As to Lightfoots case wt they entended to have urged in Court you have seen already – As to others

1st That Peers are by ye very Act of Parl: 5o Eliz: exempted from ye oaths

2ly That all such as ye Vniversity calls Noblemen have time out of mind enjoyd ye Priviledge of Peers among them.

3ly That under yt Quality they never admitt any without oaths

4ly That if at any time at entertaining a Prince or any such solemnity any one has slipt out in a crowd wch they are not conscious of This is to be imputed to hurry & inadvertency & cannot be parallel to this case where ye Senate acted with leasure & deliberation.

5 That even those Degrees given to Noblemen & Strangers are honorary & complimentall & so different from what ye Statutes call degrees of learning wch one may use, exercise & make a gain & Profession of.

6 That supposing never so many to have been admitted without oaths, this they acknowledge to be irregular & ye Breach of a law in one can be no Precedent for another to follow

7. That howerve {sic} they are very fully & particularly assur'd yt no man was ever admitted yt positively refusd ye Oaths wch this Mr ffrancis did.

To wch was annexed

1 That every man who is a member of yt or any other Senate hath as such a right to propose advize & debate & protest agst any irregular proceedings in't.

2 That in a matter contrary to ye Laws & so highly concerning ye Vniversity & Religion as ye opening such a gap for men of any persuasion to become members of their Body & Senate (wch every Resident or r of Arts is) It had been ye greatest Infidelity & negligence to have sat still.

3 That their suffrage being not askt ye common way ought not to have been a barr because every member in his Matriculation oath obliges himselvs {sic} to be assisting to ye Chr. & V. Chr: of ye Vniversity according to his power & capacity & this to doe ex suffragio & consilio, rogatus & not {sic} rogatus

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4 The representing ye whole Houses opinion by a few is a practice common to numerous assemblies, & usuall in this for any single man voluntarily to goe & address to ye V. Chr. in behalfe of his whole Coll: or otherwise.

5 That ye late King had commanded by his Royall Lrs yt all addresses to ye V. Chr should be made in ye most quiet decent & respectfull manner yt could be & this was thought more conformable to yt command yn ye hurry of every man applying himself personally.

6. That to give ye better reputation to ye thing & make it unexceptionable ye Persons sent from ye Senate to ye V. Chr. were all men either of publick Charecter in ye Body or ye Seniors of their Houses or some way eminently known in ye Vniversity. But they being dismist as you have seen on Thursday there was no opportunity at all of offring a dispute.

Animadversion

Thursday May 12

The late Kgs Lrs mentiond by my Ld Chr. Anno 1667 concern ye regulating some of ye Publick exercizes in ye Vniversity ye meaning whereof is this. The K. is their Visitor & whenever there is any thing belonging to the locall Statutes & Customes wch they think ought to be alterd or any ill use shoud be rectified & redrest their way is to beg ye Kgs Royall injunction in ye case wch they keep upon Record & obey as a Statute. How good an argumt this is agt ym for not obeying a private Mandate contrary to 4 known Laws of this land it is easily discern'd.

Saturday May 14 Mr Atterbury came to Camb wth two orders under ye Common Seale one to ye Proctors to proceed to ye Choise of a new V. Chr. & ye other to Magdalen Coll. Fellow to each of wch was annexed a Copy of ye sentence to be fixt on ye School doors & Magd. Coll: gates, & on Thursday May 17th Dr Bolderston Mr of Emanuell Coll: succeeded in ye office of V. Ch.

Animadversion upon
Wednesday Apr. 27

This day ye Plea was given in & ye only thing needfull to be remarkt, is ye unusuall way of demurring to ye Courts Iurisdiction wch is commonly ye only or ye 1st Plea in such cases. But ye Delegates lookt upon themselvs as obligd not only to defend their cause but to satisfy ye world, therefore they were desirous all People shoud know wt reasons they had for acting as they have done, & to this purpose they first insisted upon them wch they did not at all doubt wou'd be particularly heard. Whereas if ye Courts Iurisdiction had come first yt wou'd in all probability have occasiond ye whole Plea to be stifled & overruled.

A Copy of Dr Peachells Sentence as it was fixt upon ye Public Schools & Magdalen Colledge Gates.

By his Maties Comrs for Ecclesiasticall causes & for ye Visitation of ye Vniversities & all & every Cathedrall & Collegiate Churches and Colledges Grammar School Hospitalls & other ye like Incorporation {illeg} or Societies

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Whereas Iohn Peachell Dr of Divinity V. Chr of ye Vniversity of Camb & Mr of St Mary Magd. Coll in ye said Vniversity had been conven'd before us for his disobedience of his Maties Royall Lrs mandatory and other his contempts & ye said Dr Iohn Peachell having been fully heard thereupon we have thought yt ye sd Dr Iohn Peachell shall for ye sd disobedience & contempts be deprivd from being V. Chr. of ye sd Vniversity & from all powers of acting in ye same, & also yt he shall be suspended ab officio & Beneficio of his Mrship of ye sd Coll during his Maties pleasure & accordingly we do by these prsents deprive him the sd Dr Iohn Peachell from being V. Ch; in ye Vniversity & from all power of acting in ye same & also suspend him ab Officio & Beneficio of his Mastership of ye Coll Peremptorily admonishing & requiring him hereby to abstain from ye function & execution of ye office of V. Chr. & from acting in ye Vniversity & also from his function as Mr of ye sd Coll: during ye sd suspension under pain of deprivation from his sd Mastership. And we do further order & decree yt ye Profitts & Perquisitts belonging to his sd Mastership shall during ye sd suspension be applyd to ye use and benefit of ye sd Coll.

Given under our Seal ye 7th day of May 1687.

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Professor Rob Iliffe
Director, AHRC Newton Papers Project

Scott Mandelbrote,
Fellow & Perne librarian, Peterhouse, Cambridge

Faculty of History, George Street, Oxford, OX1 2RL - newtonproject@history.ox.ac.uk

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