<1r>

The Answer to some Questions propounded by ye Lord Ch: at ye Appearance of ye Vice Ch: & Deputies of ye Senate of ye Vniversity of Camb before ye Lords Commissioners May 7th 1687.

To ye Question wt was ye V. Crs. Oath of Office. They say yt ye words of ye Oath are these: Iurabis quod bene et fideliter præstabis omnia quæ spectant ad officium Procancellarij hujus Academiæ: Sic te Deus adjuvet &c: wch office being stated & prescribed by ye Laws of ye Land & Statutes of ye Vniversity, ye V.C. is thereby obliged to observe faithfully those laws so far as they respect his office: a part of wch Statutes were those recited in ye beginning of the Answer of ye V.C. & Senate formerly presented to yor Lordships. Further ye sd Oath we conceive to be as ancient as ye office of Vicechancellourship, & yt ye breaches thereof doe not onely make ye V.C. forsworn but also affect ye whole Senate.

To ye Question: Have you never admitted sons to Degrees without taking ye oaths. They answer yt they know not of any yt have been so admitted, excepting onely such as by ye custome of ye Vniversity have been reputed Noblemen. As to other sons who take Degrees of Learning to use, exercise, supply or occupy ye same (as ye statute words it) they represent yt it has been ye constant custome of ye Vniversity to require ye Oaths. And for Dr Lightfoot in whom your Lordship instanced they are fully satisfied yt he did take ye oaths by reason yt he subscribed ye three Articles in their common Register to wch all sons taking ye oaths do sett their hands, one of wch Articles is ye Kings supremacy, & wch subscription is all ye Record they have & conse{quently} all ye proofe yt can be expected from them of any mans taking ye sd oaths, {the} <1v> oaths themselvs being never recorded. And yet in proofe of this matter they further alledge yt Dr Lightfoot took his Degree by ye benefitt of ye same Letters from wch ye aforesaid Perrera & Stephens were upon their refusing to take ye oaths excluded as appears by ye records of ye Vniversity. And if any one shall represent (as they hear some do) yt he took a Degree in his absence from ye Vniversity & consequently without taking ye sd oaths, they answer yt he did it by Proxy under hand & seale in wch instrument he empowers his Proxy to take ye oaths for him & binds himself to abide by those oaths according to ye practise of ye civil Law. And further if any one hath in any hurry of business or otherwise by oversight escaped taking them, they conceive it was a transgression of ye law punishable in ye sons offending & can be no just precedent for any to transgress them wilfully & thereby subject themselvs to ye penalties {thereof.} And they further say yt they are fully & particularly assured, yt no son was ever admitted to a Degree who refused to take ye oaths.

To ye Questions, why ye Senate interposed in this affair & sent up Messengrs to ye V.C.. They answer yt ye Kings Mandate being communicated to ye Senate according to its directions they conceived themselvs obliged by their oaths so to do, for (beside their oaths of Allegiance & supremacy) all ye Members of ye Senate have obliged themselvs by their Matriculation Oath to save harmless ye State, honour & dignity of of {sic} Vniversity as long as they live; & ye same to defend by their vote & counsel whether askt or not askt. And further they represent yt it is ye natural right & priviledge of {al Senates} yt their members may consult & advise one another concerning any business wch comes before them, & ye onely way whereby ye houses in Senate or any of their Memrs may consult ye V.C. is by Messengers, it being indecent for him to go down to them, & turbulent for any great Number of them to go up to him. That it is very frequent for sons to go up from him to ye houses to advise or consult him either in their own Names or in ye names of many others or in ye names of whole Colledges, & by ye same reason many or all the Colledges or Senate may consult him by one or more Messengers in any business <2r> wch concerns ye whole. That his late Matie in a Letter to his ye Vniversity dated Decemb 15th 1669 enjoyned yt none in ye Regent house shall make any other addresse to ye V.C. then by reverent & respectfull applicacon to him: whereby his sd Matie seems both to advise & approve addresses of this nature; we humbly conceiving yt ye sence of both houses was communicated to ye V.C. by their Messengers in ye most modest quiett reverent & respectfull manner yt they could think of. And ye reason why these Messengers rather then others were chosen by ye Senate was because of their being publick sons or Seniors of their houses.

They were influenced also by their religion \established & supported by ye laws they are commanded to infringe/. Men of ye Roman ffaith have been put into Masterships of Colleges. The entrance into ffellowships is as easy open. \& {illeg}/ If therefore for fo And if forreigners be \once/ incorporated they will have a free acess as any others. twill be as open to them as others. A mixture of Papist and Protestants can neither b in ye same Vniversity can neither live hapi subsist happily nor long together. And if ye fountains once |be| dryed up ye streams hitherto diffused thence thoughout {sic} ye Nation will must soon fall of. Tis not their preferments \though {illeg} {illeg} though for \a/ the {peope} himself time/ but their religion \& Church/ wch men of Conscience seek to preserve hope his Maty will preserve A are concerned for, & if they \it/ must {illeg} faile falll they implore this mercy that it may fall by ye hands of others. & not by they not be forced to so great a wickednes as to

<3r>

The Answer to some Questions propounded by ye Lord Chancellour at ye appearance of ye Vice-Chancellr & Deputies of ye Senate of ye Vniversity of Camb before ye Lords Commissioners May 7th 1687

To ye Question wt was ye V. Crs oath of office. They say yt ye words of the oath are these: Iurabis quod bene et fideliter præstabis omnia quæ spectant ad officium Procancellarij hujus Academiæ: Sic te Deus adjuvet &c: wch office being stated & prescribed by ye Laws of ye Land & Statutes of ye Vniversity, ye V.C. is thereby obliged to observe faithfully those laws so far as they respect his office: a part of wch statutes were those recited in ye beginning of the Answer of ye V.C. & Senate formerly presented to their Lordships. Further ye sd oath they conceive to be as ancient as ye office of V. chancellourship, & yt ye breaches thereof doe not onely make ye V.C. forsworn but also affect ye whole Senate.

To ye Question, Did you ever know ye Kings Mandate for Degrees declined before They answer always in this case where ye oaths have been refused. An instance of this was given in one Tatnel who was a non-conformist and upon certificate from ye Vniversity yt he refused to take ye sd oaths his late Matie was pleased to recall his particular Mandate for conferring ye Degree of Dr of Divinity. And they further say yt Mr. Pereira & Mr Stephens Servants to her Maty ye Queen Dowager & Roman Catholicks, upon his late Mats general Mandate for conferring Degrees on occasion of the Kings comming to ye Vniversity had their graces passed by ye Senate but upon their refusing to take these oaths were not admitted.

To ye Question have you never admitted sons to Degrees without taking ye oaths: They answer yt they know not of any yt have been so admitted, excepting onely such as by ye Custome of ye Vniv: have been reputed Noblemen. As to other sons who take Degrees of Learning to use exercise supply or occupy ye same (as ye statute words it) they reprsent yt it has been ye constant custome of ye Vniv: to require ye oaths. And for Dr. Lightfoot in whom yor \his/ Lordship instanced they are fully satisfied yt he did take ye oaths by reason yt he subscribed ye three Articles in their coon Register to wch all sons taking ye oaths do sett their hands, one of wch Articles is ye Kings supremacy, & wch subscription is all their \ye/ Record they have & consequently all ye proofe yt can be expected from them of any mans taking ye sd oaths, ye oaths themselvs being never recorded. And yet in proofe of this Matter they further alledge yt Dr Lightfoot took his Degree by ye benefitt of ye same Letters from wch the aforesd Pereira & Stephens were upon their refusing to take ye oaths excluded <3v> as appears by ye Records of ye Vniv|ersity.| And if any one shall reprsent (as they hear some do) yt he took a Degree in his absence from ye Vniv: & consequently without taking ye sd oaths, they answer yt he did it by Proxy under hand & Seale in wch instrument he empowers his Proxy to take ye oaths for him and binds himself to abide by those oaths, according to ye practise of ye civil Law. And further if any one hath in any hurry of business or otherwise by oversight escaped taking them, they conceive it was a transgression of ye Law punishable in ye sons offending & can be no just precedent for any to transgress them wilfully & thereby subject themselvs to ye penalties thereof. And they further say yt they are fully & particularly assured yt no son was ever admitted to a Degree who refused to take ye oaths.

To ye Question why ye Senate interposed in this affair & sent up Messengrs to ye V.C. They answer yt ye Kings Mandate being communicated to to {sic} ye Senat according to its direction, ye accepting ye same would have passed for their act: especially since Degrees are not given by ye V.C. without ye Senate consisting of a certain number of sons at ye least & consenting either by vote or \else/ by silence wch i{illeg}|n| {illeg}|th||eir| proceedings usually passeth for an affirmative vote. They conceived themselvs obliged by their oaths so to interpose. For beside their oaths of Allegiance & supremacy whereby they mise to renounce all forreigne Authority & to their power assist and defend all authorities annexed to ye Imperial Crowne of England and by consequence to oppose as far as they may lawfully the abettors of forreign authorities) they have obliged themselvs by their Matriculation Oath to preserve ye priviledges of ye Vniv: as much as in them lies, & to save harmless ye State honour & dignity thereof as long as they live & they same to defend by their vote & counsell whether askt or not askt, & other oaths to ye same purpose are taken & repeated by every graduate in his respective degree. And even Noblemen themselvs who are excused from all other oaths do make faith to ye same purpose in verbo honoris. And further they represent yt it is ye natural right & priviledge of all Senates yt their members may consult & advise one another concerning any business wch comes before them, & ye onely way whereby ye houses in Senate or any of their members may conveniently consult ye V.C. is by Messengrs it being indecent for him to go down to them, & turbulent for any great Number of them to go up f|t|or him. That i{illeg}|t| is very frequent for sons to go up from \to/ him to|frō| ye houses to advise or consult him either in their own Names or in ye Names of many others or in ye Names of whole Colledges, & by <4r> ye same reason many or all ye Colledges or Senate may consult him by one or more Messengrs in any business wch concerns ye whole. That his late Matie in a Letter to ye Vniv: dated Decemb. 15th 1669 enjoyned yt none in ye regent house shall make any other address to ye V.C. then by a reverent & respectfull applicacon to him: whereby his sd Matie seems both to advise \&/ to approve addresses of this nature; we humbly conceiving yt ye sence of both houses was comunicated to ye V.C. by their Messrs in ye most modest quiet reverent & respectfull manner yt they could think of. And ye reason why these Messrs rather then others were chosen by ye Senate was because of their being publick sons or Seniors of their houses.

<5r>

The Answer to some Questions propounded by ye Lord chancellr at ye appearance of ye Vicechancellr & Deputies of ye Senate of ye Vniversity of Camb. before ye Lords Commissionrs May 7th 1687.

To ye Question wt was ye V. Crs oath of office. They say yt ye words of the oath are these: Iurabis quod bene et fideliter præstabis omnia quæ spectant ad officium Procancellarij hujus Academiæ: sic te Deus adjuvet &c: wch office being stated & prescribed by ye Laws of ye Land & statutes of ye Vniversity, ye V.C. is thereby obliged to observe faithfully those laws so far as they respect his office a part of wch statutes were those recited in ye beginning of the Answer of ye V.C. & Senate formerly presented to their Lordships. Further ye sd oath they conceive to be as ancient as ye office of V. Chancellourship {& yt} ye breaches thereof doe not onely make ye V.C. forsworn but also affect {ye} whole Senate.

To ye Question, Did you ever know ye Kings Mandate for Degrees declined before. They answer always in this Case where ye oaths have been refused. An instance of this was given in one Tatnel who was a Non-conformist and upon certificate from ye Vniversity yt he refused to take ye sd oaths his late Matie was pleased to recall his particular Mandate for conferring ye Degree of Dr of Divinity. And they further say yt Mr. Pereira & Mr Stephens Servants to her Maty ye Queen Dowager & Roman Catholicks, upon his late Mats general Mandate for conferring of Degrees on occasion of ye Kings coming to ye Vniv: had their graces passed by ye Senate but upon their refusing to take these Oaths were not admitted.

To ye Question have you never admitted persons to Degrees without taking ye Oaths. They answer yt they know not of any yt have been so admitted, excepting onely such as by ye Custome of ye Vniversity have been reputed Noblemen. As to other sons who take Degrees of Learning to use exercise supply or occupy ye same (as ye Statute words it) they represent yt it has been ye constant Custome of ye Vniv: to require ye Oaths. And for Dr. Lightfoot in whom his Lordship instanced they are fully satisfied yt he did take ye oaths by reason yt he subscribed ye three Articles in their coon Register to wch all sons taking ye oaths do sett their hands, one of wch Articles is ye Kings Supremacy, & wch subscription is all ye Record <5v> they have, & consequently all ye proofe yt can be expected from them of any mans taking ye sd oaths, ye oaths themselvs being never recorded. And yet in proof of this Matter they further alledge yt Dr. Lightfoot took his Degree by ye benefitt of ye same Letters from wch the aforesd Pereira & Stephens were upon their refusing to take ye oaths excluded as appears by ye records of ye Vniversity. And if any one shall reprsent (as they hear some do) yt he took a Degree in his absence from ye Vniv: & consequently wthout taking ye sd oaths, they answer yt he did it by Proxy under hand & Seal, in wch instrument he empowers his Proxy to take ye oaths for him and binds himself to abide by those oaths, according to ye practise of ye civil Law. And further if any one hath in any hurry of business or otherwise by oversight escaped taking them, they conceive it was a transgression of ye Law punishable in ye sons offending, & can be no just precedent for any to transgress them wilfully & thereby subject themselvs to ye penalties thereof. And they further say yt they are fully & particularly assured yt no son was ever admitted to a Degree who refused to take ye oaths.

To ye Question why ye Senate interposed in this affair & sent up Messengers to ye V.C. They answer yt ye Kings Mandate being communicated to ye Senate according to its direction, ye accepting ye same would have passed for their act: especially since Degrees are not given by ye V.C. without ye senate consisting of a certain number of sons at ye least & consenting either by vote or else by silence wch in their proceedings usually passeth for an affirmative vote. They conceived themselvs obliged {also} by their \oaths/ to interpose. For besides their oaths of Allegiance & supremacy whereby they promise to renounce all forreigne authoritie & to their power to assist & defend all authorities annexed to ye Imperial Crown of England and by consequence to oppose as far as they may lawfully the abettors of forreign Authorities) they have obliged themselvs by their Matriculation oath to preserve ye priviledges of ye Vniversity as much as in them lies, & to save harmless ye state honour & dignity thereof as long as they live & the same to defend by their vote & counsel whether askt or not askt, & other oaths to ye <6r> same purpose are taken & repeated by every Graduate in his respective Degree. And even Noblemen themselvs who are excused from all other Oaths do make faith to ye same purpose in verbo honoris. And further they represent yt it is ye natural right & priviledge of all Senates yt their members may consult & advise one another concerning any business wch comes before them, & ye onely way whereby ye houses in Senate or any of their members may conveniently consult ye V.C. is by Messengers it being indecent for him to go down to them, & turbulent for any great Number of them to go up to him. That it is very frequent for sons to go up to him from ye houses to advise or consult him either in their own Names or in ye Names of whole Colledges, & by ye same reason many or all ye Colledges or Senate may consult him by one or more Messengers in any business wch concerns ye whole. That his late Matie in a Letter to ye Vniversity dated Decemb. 15th 1669 enjoyned yt none in ye regent house shall make any other address to ye V.C. then by a reverent & respectfull applicacon to him: whereby his sd Matie seems both to advise & to approve addresses of this nature; we humbly conceiving yt ye sence of both houses was communicated to ye V.C. by their Messengers in ye most modest quiet reverent & respectfull manner yt they could think of. And ye reason why these Messengers rather then others were chosen by ye Senate was because of their being publick sons or Seniors of their houses.

<7r>

The Answer to some Questions propounded by ye Lord Ch: at ye appearance of ye Vicech: & Deputies of ye Senate of ye Vniversity of Camb. before ye Lords Coissioners May 7th 1687

To ye Question wt was ye V. Crs oath of office? \& of what antiquity?/. They say, yt ye words of the oath are these: Iurabis quod bene et fideliter præstabis omnia quæ spectant ad officium Procancellarij hujus Academiæ: sic te Deus adjuvet: wch office being stated & prescribed by ye Laws of ye Land & Statutes of ye Vniv:, ye V.C. is thereby obliged to observe faithfully those Laws, as far as they respect his office; a part of wch laws were those recited in ye beginning of ye Answer of ye V.C. & Senate formerly presented to their Lordships. Further ye sd oath they conceive to be as ancient as ye office of V. chancellrship, & yt ye breaches thereof do not onely make ye V.C. forsworn, but also affect ye whole Senate|: the honour & dignity whereof {eac}h member is sworn to save harmless.|

To ye Question, Did you ever know ye Kings Mandate for degrees declined before They answer; always in this case where ye oaths have been refused. An instance of this was given in one Tatnel, who was a non-conformist & upon certificate from ye Vniv: yt he refused to take ye sd oaths his late Matie was pleased to recall his particular Mandate for conferring ye Degree of Dr of Divinity. And {they} further say, yt Mr. Pereira, & Mr. Stephens, Servants to her Maty ye Queen Dowager, & Roman Catholicks, upon his late Mats general Mandate for conferring Degrees on occasions of ye Kings coing to ye Vniv: had their graces passed by ye Senate, but upon their refusing to take these oaths were not admitted.

To ye Question, have you never admitted sons to Degrees without taking ye Oaths? They answer, yt they know not of any yt have been so admitted, excepting onely \Peers/ such as by ye Custome of ye Vniv: have been reputed Noblemen \& are thereupon excused/. As to other sons who take Degrees of Learning to use, exercise, supply, or occupy ye same, (as ye Statute words it) they reprsent yt it has been ye constant custome of ye Vniv: to require ye oaths. And for Dr. Lightfoot, in whom his Ldp instanced, they are fully perswaded \satisfied/ yt he did take ye oaths, by reason yt he subscribed the three Articles in their common Register, to which all sons taking ye oaths do sett their hands, one of wch Articles is ye K's supremacy, & wch subscription is all ye Record they have, & consequently all ye proof yt can be expected of any mans taking ye sd oaths, ye oaths themselvs being never recorded. And yet it is worthy of remark, yt Dr Lightfoot took his Degree by ye benefitt of ye same Lettrs from wch the aforesd Pereira, & Stephens, were upon their refusing to take ye oaths, were excluded; as appears by ye records of ye Vniv\rsity/. And they hear yt \Dr/ Balaam affirms yt he, & Dr. Lightfoot had their hands on ye book together in swearing. And if it shall be reprsent (as they hear it is by some) yt anyone \some persons/ in the|ir| absence from ye Vniv: & consequently without taking ye sd oaths was \haue {illeg} been/, admitted to a degrees; they answer, yt they took them by Proxy under hand & seale, in wch instrum \t/he|y| empower <7v> Proxys to perform ye ceremony of swearing for |t|hi|e|m, and in animam suam; & binds |t|hi|e|mself|ves| to abide by those oaths, according to ye practise of ye civil Law, conserved not only in ye Vnivr but also in ye Church of Rome, as well formerly in this Nation, as still in other Countries. And further, if any one hath in any hurry of business, or otherwise, escaped taking them (an instance whereof will not easily be found) they conceive it was a transgression of ye law punishable in ye sons offending, & can be no just precedent for any to transgresse them wilfully, & thereby subject themselvs to ye penalties thereof. And in general thus much may confidently be sd, yt no son was ever admitted to any Degree who refused to take ye oaths.|:| |wch is ye true state of the prsent case.|

To ye Question, why ye Senate interposed in this affair, & sent up Messengrs to ye V.C? They answer, yt ye Ks Mandate being communicated to ye Senate according to its direction their not taking notice of ye same would have made it seem to be accepted by them, & so \the admission of Mr Francis to a degree/ to pass for their act \of the Vniversity:/ especially since Degrees are not given by ye V.C. without ye Senate, consisting of a certain Number of {men}|per|sons \(22/ at ye least) & consenting either by vote or else by silence, wch in their proceedings usually passeth for an affirmative vote \&that the {illeg} \ceremony of/ giving \Degrees authorised/ by the V.C. as the Vniversities Officer presiding in ye Senate/. |#| < insertion from f 8r > #For seeing degrees are not given wthout convening ye Senate 'tis ye Vniversity that gives them & \only/ ye ceremony \which/ is performed by ye V.C. \wth their consent/ on their behalf. And accordingly \as ye Mandate was directed to all & consequently required obedience in them all, so/ ye Lds Commiss in their Summons advisedly accused ye V.C. & Senate together of disobedience & ye V. & Senate returned one common answer & after hearing ye Ld Chanc. reproved ye Senate not for \impertinent/ intermedling wth wt concerned them not, but for disobedience & uneasiness under his Maties commands, & advised their obedience for ye future. wch obedience will make it their Act < text from f 7v resumes > They {conce}ived themselvs obliged also by their oaths, to interpose. For (be|y|sides their oaths of Allegiance & Supremacy whereby they promise to renounce all forreign Authority, & \promise/ to their power to assist, and defend all \Iurisdictions &/ Authorities annexed to ye Imperial Crown of England & by consequence to oppose as far as they may lawfully, ye abettors of forreign authorities) \/ < insertion from f 8r > # wch they could not be said to do at present, & should disable themselves n great measure of doing for ye future, if they should consent to ye admission of such persons into their body, without insisting upon those oaths according to ye trust reposed in ye Vice Chancellour, & Senate, And besides they have swo for ye defence of |t|hi|e|s Maty \Crown/ against them. And besides they have – < text from f 7v resumes > they have obliged themselvs by their Matriculation oath, to preserve ye priviledges of ye Vniv: as much as in them lies, & to save harmless ye state, honour, & dignity thereof, as long as they live, & the same to defend by their vote, & counsel, whether askt, or not askt, & other oaths to ye same purpose are taken, & repeated by every Graduate in his respective degree. And even Noblemen themselvs, who are excused from all other oaths, do make faith to ye same purpose in verbo honoris. And further \These are the reasons for ye Senate's interposing, & for the manner of their doing it/ they represent, yt it is ye natural right & priviledge of all Senates, yt their Membrs may consult & advise one another, concerning any business yt comes before them; & ye only way whereby ye h|H|ouses, in Senate, or any of their Membrs may conveniently consult ye V.C. is by Messengers, it being indecent for him to go down to them, & turbulent for any great number of them to go up to him, where it may be conveniently avoided. That it is very frequent for sons to go up to him from ye houses to advise or consult him, either in their own Names or in ye Names of many others, or in ye Names of whole Colledges, & by ye same reason, many or all ye Colledges, or Senate may consult him, by one or more Messengrs, in any business wch concerns ye whole. <8r> That it would be a force upon ye Senate to be required \to be/ prsent at an act which cannot be done without them, & to have ye thing communicated to them, in order to its being done, & yet, whilst they are averse from it, to be denyed all liberty of signifying their dissent. That a Grace is not ye proper way of ye Senate's signifying their dissent from ye V.C. in an illegal Act; for Graces are proposed by private sons to ye V.C. to be communicated to ye Senate, & may be laid aside by him, or stop't by any one in ye h|H|ead. That ye Members of ye Senate may protest agt ye V. Crs. acting amongst them contrary to his duty, & by consequence, may all of them severally request him to forbeare, & therefore are not to be blamed for signifying their dissent in a more quiet & modest way. That ye Order in his late Mats Letter to ye Vniversity Decemb. 15th1669 agt cursitation in ye Senate, is to be understood of \such/ needless, or {illeg} indecent motions \actions as disturbe ye {Senate} Senate/; & barrs not fit motion in business, as in Scrutinies, writing & giving up votes, paying of mony to ye Proctors, or other just occasions: and yt one clause of ye sd order is, yt none in ye Regent house shall make any other address to ye V.C. then by a reverent, & respectfull application to him: whereby his sd Matie seems both to advise, & approve \& advise/ addresses of this nature; they humbly conceiving yt ye sence of both houses was communicated to ye V.C. by their Messengrs in ye most modest, quiet, reverent, & respectfull manner yt they could think of. For if in this Message there was any thing extraordinary 'twas suitable to ye occasion, & not more extraordinary then protesting would have \been/ wch every one allows to be a lawfull act; & wch not onely implys a right of signifying their dissent, whether immediately, or by Messengrs, but also recommands ye same as fit, & proper to be done, in ye first place. And ye reason why these Messrs, rather then others were chosen by ye Senate, was because of their being publick sons or Seniors of their houses.

<9r>

The Answer to some Questions propounded by ye Lord Chancellr at ye Appearance of ye Vice Chancellr & Deputies of ye Senate of ye Vniversity of Cambridge before ye Lords Commissionrs May 7th 1687.

To ye Question, Did you ever know ye Kings Mandate for Degrees declined before: They answer always in this case where ye Oathes have been refused. An instance of this was given in one Tatnel who was a Non-conformist & upon Certificate from ye Vniversity yt he refused to take ye sd Oaths his late Matie was pleased to recall his particular Mandate for conferring ye Degree of Dr of Divinity. And they further say yt Mr Perrera and Mr Stephens Servants to her Majesty ye Queen Dowager & Roman Catholicks, upon his late Mats generall Mandate for conferring Degrees on occasion of ye Kings coing to ye Vniversity had their graces passed by ye Senate, but upon their refusing to take these Oaths were not admitted.

To ye Question, Have you never admitted persons to Degrees without taking ye Oaths. They answer yt they know not of any yt have been so admitted, excepting onely such as by ye custome of ye Vniversity have been reputed Noblemen. As to other sons who take Degrees of Learning to use exercise supply or occupy ye same (as ye statute words it) they represent yt it has been ye Custome constant Custome of ye Vniversity to require ye Oaths. And for Dr Lightfoot in whom yor Lordship instanced they are fully satisfied yt he did take ye Oaths by reason yt he subscribed ye three Articles in their coon Register to wch all sons taking ye Oaths do sett their hands, one of wch Articles is ye Kings supremacy, and wch subscription is all ye Record they have & consequently all ye proofe yt can be expected from them of any mans taking ye sd Oaths, ye Oaths themselves being never recorded. And yet in proofe of this Matter they further alledge yt Dr Lightfoot took his Degree by ye benefitt of ye same Letters from wch ye aforesaid Perrera & Stephens were upon their refusing to take ye Oaths excluded as appears by ye Records of ye Vniversity. And if any one shall represent (as they hear some doe) yt he took a Degree in his absence from ye Vniversity & consequently without taking ye sd Oaths; they answer yt he did it by Proxy under hand & Seale in wch instrument he empowers his Proxy to take ye Oaths for him and binds himself to abide by those Oaths, according to ye practise of ye civil Law. And further if any one hath in any hurry of business or otherwise by oversight escaped taking them, they conceive it was a transgression of ye Law punishable in ye sons offending <8v> & can be no just precedent for any to transgress them willfully & thereby subject themselvs to ye penalties thereof. And they further say yt they are fully & particularly assured, yt noe son was ever admitted to a Degree who refused to take ye Oaths.

To ye Questions why ye Senate interposed in this affair & sent up Messengers to ye ViceChancellr. They answer yt ye Kings Mandate being communicated to ye Senate according to its directions they conceived themselvs obliged by their Oaths so to doe, for (besides their Oaths of Allegiance & Supremacy) all ye Members of ye Senate have obliged themselvs by their Matriculation Oaths \to preserve the privileges of ye Vniversity as much as in them lies, &/ to save harmless ye State, honour & dignity of ye Vniversity as long as they live, & the same to defend by their vote and Counsell whether askt or not askt. And further they reprsent yt it is ye naturall right & priviledge of all Senates yt their Members may consult & advise one another concerning any business wch comes before them, & ye onely way whereby ye houses in Senate or any of their Members may consult ye Vicechancellr is by Messengers, it being indecent for him to goe down to them, & turbulent for any great Number of them to go up to him. That it is very frequent for sons to go up from him to ye houses to advise or consult him either in their own Names or in ye Names of many others or in ye Names of whole Colledges, & by ye same reason many or all ye Colledges or Senate may consult him by one or more Messengrs in any business wch concerns ye whole. That his late Matie in a Letter to ye Vniversity dated Decemb. 15th 1669 enjoyned yt none in ye Regent house shall make any other address to ye Vice ch: then by reverent & respectfull application to him: whereby his sd Matie seems both to advise & approve addresses of this nature; we humbly conceiving yt ye sense of both houses was communicated to ye V.C. by their Messengrs in ye most modest quiet reverent & respectfull manner yt they could think of. And ye reason why these Messengers rather then others were chosen by ye Senate was because of their being publick sons or Seniors of their houses.

© 2017 The Newton Project

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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