Copy letter concerning King James II's demand to have Alban Francis awarded an MA without taking the statutory oaths

S^r,

Here's a strong report in y^e Town y^t a Mandamus has been brought to y^e Vice-chancell^r to admit one F Francis a Benedctine Monck to be a Master of Arts, and y^t y^e Vicechancell^r sent to y^e Chancell^r to endeavour to gett y^e same recall'd but could not prevail; w^ch was an error in him. ffor all honest Men are obliged by y^e Laws of God & Man to obey y^e Kings lawfull Commands, but if his Maj. be advisd to require a Matter w^ch cannot be done by Law, no Man can suffer for neglect of it. The Vicechancell^r cannot by Law admit one to y^t degree, unless he take y^e Oaths of Suprem: & allegiance w^ch are enjoyn'd by 3 or 4 Statutes; & it is not to be said he disobeys y^e Kings Com̄ands when he is ready to fulfill y^m if y^e party be capi|a|ble to receive y^e Act com̄anded: w^ch this Monc|k|k cannot be, & 'tis not probable y^t a Convocation can be induced to give Grace for y^e degree to an unqualified Person. And tho it should be expressed in y^e Mandamus y^t his Maj. dispenses w^th those Oaths, yet y^t cannot excuse y^e Vicechancell^r. for he is no judg thereof, but he knows y^t y^e Law of y^e Land enjoyns y^e taking of y^e Oaths; & if he admits any one without doing it he is indit|g|htable for y^e same, & if he modestly refuse to admit this ꝑson he can run noe risque in it. & if F. Francis be acquainted w^th {y^e} Obstacles in his way in a decent man̄er, & is not satisfied therew^th let him take his remedy at Law, & to be sure y^e V. chanc. will hear noe more of him. & {by} civilly standing his ground he will save y^e Vniversity. Let him peruse Q. Eli{zabeths} Charter for y^e Vniversity of Camb dat. y^e 26 of Ap. in y^e 3^d year of her reig{n} & an Act of Parl. not printed w^ch is kept w^th y^e Statutes of y^e Vnivers. entit{uled} An Act for y^e Incorporation of both y^e Vniversities. In y^e Statutes you will find y^t all Lett^rs patents of y^e Q. Highness or any of her ꝑgenit^rs or ꝑdeces{sors} made to either of y^e Vni^tyes are confirmed. See of this Matt^r P|C|ook 4 institut{es} page 227.

The King was advised to send a M. to y^e M^r & Govern^rs of y^e Charter ho{use} requiring y^m to admit an old Gent. to be a Pensioner. Now every pension^r is to take y^e Oaths of Suprem. & Allegiance by y^e Constitution of their house, but y^e Man being a papist they refused to admitt & ther's no more said of it. The M^rs Name is Burnett late of Christ Coll. & by y^e rule of Elections in y^e giving their {illeg}|votes|, he as y^e meanest man speaks first. There were 8 ꝑsent. y^e M^r & 4 were of to L|l|ay y^e Mand. aside & there were 3 to retaine it. but y^e Majorit{y} being ag^st y^e M. y^e Pens. was rejected.

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The refusing y^e Man was not sd to be because he is a P. but because he refused y^e Oaths. These y^t Councell'd his Maj. to disoblige y^e Vniv. cannot be his true friends for tis Notorious y^t no Body of Men in England have been so Loyall. They gave his Fath^r all their Plate & y^e Infusions w^ch y^e Gentry of England received there intrusted most of them w^th their lives & Estates to support y^e Crown ag^st y^e wealth & strength of London & all y^e Associated Counties & y^e fleet y^e chiefest \riches of y^e Land./ Be courrage|i|ous therefore & steady to y^e Laws & they \you/ cannot faile & in time y^e K. may thank you for it. If one P. be a M^r you may have a hundred & they must chuse {illeg}|B|urgesses to Parlm^t.

I wonder y^t y^e Goodmen of Sidney doe not elect their Master. An honest Courage in these matt^rs will secure all, having Law on o^r sides.

Adieu.

Feb. y^e 19^th