An Account of the Cambridge case & all the proceedings therein

An Account of y^e Cambridge case & all y^e proceedings therein.

On y^e 9^th day of Febr. being Ashwednesday, came a Letter under his Ma^ts Signet Manual dated y^e 7^th of y^e same month; y^e substance whereof was; y^t hearing much in com̄endation of one Alban ffrancis a Benedictine, y^e King was pleased to command y^e Vniversity, y^t they should admitt him to y^e Degree of M^r of Arts without administring to him any oath or Oaths; whatsoever any law or Statute to y^e contrary in any wise notwithstanding w^ch w^ch {sic} his Ma^tie was pleas'd graciously to dispence in behalf of y^e sd Alban ffrancis.

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

This Consideracon constraind y^m to y^e use of another course w^ch was without y^e formality of a suffrage voluntarily to testifie their concurrance w^th M^r. V. Ch^r. & advise him to forbear y^e admitting M^r ffrancis till y^e King had been petitioned to revoke his Mandate. As soon as y^e Letter came to Town y^e V. Ch^r. wrote away to y^e Duke of Albemarle o^r Chanc^r. to beg his intercession w^th y^e King w^ch he returnd word was tryed w^th no effect. But possibly such a body as y^e Vniversity concurring & signing a petition if y^t should be admitted might prove better & more successfull. Now because if every single man p^rsent to y^e number perhaps of 150 or 200 should advise to y^e in person to y^e V. Ch^r. this might look tumultuary it was thought y^e more quiet decent & respectfull way to send up their sence by Messenger from each House. To this purpose D^r. Smoult Professor of Casuisticall Divinity was made choice of by y^e Non Regents & M^r Norris Fellow of Trinity Colledge by y^e Regents. The substance of w^ch {sic} they deliver'd was y^t y^e House thought y^e Admission of M^r ffrancis without y^e usuall oaths to be illegall & unsafe & for y^t reason advisd y^e K. might be petition'd to revoke his Mandate in y^e doing w^ch they were ready to joyn & make it their Act. The opinions were given to these two Messengers freely in each House & y^e thing was so unanimously approv'd y^t y^e only persons taking {sic} notice of to be ag^t it amongst so many were 3 Papists & one or two besides. Afterwards there was a Gent. admitted D^r. of Physick by virtue of a Mandate having first taken y^e oaths & y^e Esqꝫ Beedle & Register were sent to let M^r ffrancis know y^t y^e Senate were ready to admitt him provided he would swear as y^e Laws appointed. But he refusd insisting upon y^e Ks dispensa{tion} & this was y^e business of y^e first meeting about this matter.

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

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

Another large Letter being p^rpard for y^e D. of Albamarle wherein was every thing almost y^t could be thought on to prevail w^th his Ma^tie. & one likewise shorter & less particular to y^e E. of Sunderland. That very afternoon M^r Prudock ffellow of Catherine Hall & M^r Stanhop ffellow of Kings Coll were desir'd by y^e V. Ch^r. to go to London w^th these Lrs & other instructions to apply themselvs to several persons of Honour & Charecter y^t they would all joyn forces & think it a common cause for so addressing to y^e K. y^e success would be more probable & y^e Honour done to y^e Vniversity greater. Sunday March 13^th y^e two Gent. waited on their Chanc^r y^e D. of Albemarle who recd them w^th all y^e goodness {in y^e} world w^th Assurances y^t notwithstanding He had waited on y^e 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 y^e Vniversitys safety & advantage. Monday y^e 14^th in y^e evening y^e D. of Albamarl waited on y^e K. & in his passage towards y^e Beb {sic}chamb^r. took to {sic} y^e two Gent. into y^e Antichamber y^t they might be introduct if occasion were. The K. upon y^e Dukes acquainting him w^th y^e affair told him he had not then leasure to talk but commanded y^e Lett^r. w^ch y^e V. Chr. sent to y^e D. of Albamarl w^th w^ch in his hand he passt thro y^e rooms & making y^t evening a visitt to y^e Q. Dowager gave y^e D. no further opportunity of knowing his pleasure at y^t time. At y^e Dukes return from y^e inner room y^e Gent. desir'd him to give leave y^t they might use his name to procure \y^m/ easie admittance to y^e E. of Sunderland for y^t they resolv'd to deliver their Lett^r to no other hand but his own if y^t might be. The Duke immediately sent his Gent. of y^e Horse to one of y^e L^d Sunderlands Secretaries making it his desire y^t M^r Bradack & M^r Stanhop might see y^e E. who accordingly appointed y^m to y^e L^d Sunderlands bedside who took y^e Lett^r & after some further applications made to him by word of mouth He promist y^m to acquaint his Ma^tie & tell y^m his pleasure on Thursday at w^ch time M^r Bradock {with} his Companion came all y^e Account they receivd was only this, That y^e K. had seen y^e V. Ch^rs. Letter, y^t he was offended at y^e Vniversitys proceedings & would take care very shortly to give a farther Answer.

Saturday y^e 19 of Apr. M^r Atterbury came down w^th a sum̄ons from y^e Ecclesiasticall Comrs to this effect. That whereas complaint had been made to y^m ag^t y^e V. Ch^r. & Senate of y^e Vniversity of Camb. for having refusd to comply with his Ma^ts Royall Lts in behalf of M^r ffrancis they were therefore commanded to appear y^e V. Ch^r. in person & y^e Senate by themselvs & their Deputies before y^e L^d Comrs in y^e Councell Chamber y^e 21^st of Apr. to answer such things as should be objected ag^t y^m in his Ma^ts behalf upon y^e ꝑmises &c. Monday Apr 11^th a Senate was called & 8 persons nominated to represent y^e Vniversity together w^th y^e V. Ch^r. all which being unanimously approv'd by y^e Senate they empower'd y^m by an instrum^t under their common seal to answer in their behalf, & to be their full Actors Attorneys & Proctors as to w^t would arise from y^e Commission Court upon y^e late Summons And M^r Atterbury having receivd private instructions to stay & cite every man y^t was chosen personally; He came accordingly into y^e Senate House & sum̄ond as many as were p^rsent waiting upon the rest at a conveniant time. The Persons deputed by y^e Senate to represent & act for y^m were these.

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Thursday Apr. 21 Councill Chamber

L^d Ch^r.          Is M^r V. Ch^r. here? Which is He?

He standing over ag^t y^e L^d Ch^r. bow'd & show'd himselfe.

L^d Ch^r.          Is there any body come from y^e Senate to attend him?

M. Stanhope          Yes my L^d we are 8 of us here deputed by y^e Senate to answer w^t shall be objected ag^t y^m according to yo^r L^dps sum̄ons

The noise & crowd being \very/ great M^r Bridgman was forc't to repeat y^t over again to y^e L^d Ch^r

L^d Ch^r.          Read y^e Summons (w^ch was done).

L^d Ch^r.          Now M^r. V. Ch^r. w^t have you to say y^t you did not obey his Ma^ties Commands in behalf of y^t Gent. menconed there

M^r. V. Ch^r.          My L^d you enquire of me why I did not admitt M^r ffrancis according to y^e Kings Letters

L^d Ch^r.          Yes y^t is y^e Question I ask you

M^r. V. Ch^r. My L^ds 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

L^d Ch^r.          Why M^r. V. Ch^r. my L^ds specified in y^e sum̄ons y^e thing y^t would be Questiond on purpose y^t you should not come unprepar'd but it may be M^r V. Ch^r. did not ad|t|tend sufficiently to y^t part o'the sum̄ons therefore let it be read to him once again (w^ch was done)

L^d Ch^r.          Now Sir you hear w^t you are charged w^th t'is for refusing to comply w^th his Ma^ties Commands.

M^r V. Ch^r.          My L^ds I beg time to answer you, My L^ds 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 w^ch I should afterwards be sorry for, Therefore I beg leave my L^d to have time allowd us for giving in such an Answer as may be both for o^r safety & yo^r L^dships Honour.

L^d Ch^r. smiling)      Why M^r. V. Ch^r. as for yo^r own safety my L^ds are willing you should take all y^e care you can, but for w^t concerns o^r Honour doe not you trouble yo^r self we are able to consult w^thout any interposition of yours.

M^r. V. Ch^r.          My L^d I beg yo^r pardon if I have said any thing unbecoming, I I {sic} meant only y^e Honour y^t is due to yo^r L^dships quality My L^d & therefore being to Answer before Persons of such Quality, I beg leave to doe {illeg} it by councell & in writing.

L^d Ch^r.          Well withdraw a little & my L^ds will consider of your request

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

Wednesday Apr. 27

In y^e Councill Chamber

All y^e Comers present

About a quarter of an hour before y^e L^ds met M^r. Bridgman came to y^e V. Ch^r. & desird to know of him whither he gave in his Answer in writing only or whither any Councell would appear to argue it. To w^ch y^e V. Ch^r. replied y^t his Answer was drawn out in writing & y^t he did not expect any Councell there y^t day, M^r. Bridgman replied y^t y^e L^ds had commanded him to ask those questions and wou'd expect so much before they begn {sic} to proceed when y^e Delegates were called in y^e L^d Ch^r. said.

L^d Ch^r.          M^r V. Ch^r. y^e last time you were here you desired time to put in your Answer in writing. My L^ds have indulg'd you so far now where is yo^r Answer?

M^r. V. Ch^r.         My L^d here it is (& gave it M^r. Bridgman)

After a whisper round about y^e Table

L^d Ch^r.          Read it

Here follows y^e Plea

The Answer of y^e V. Ch^r. & Vniversity of Cambridge to y^e Question why they did not admit Alban ffrancis to y^e degree of M^r of Arts in y^e same Vniversity according to his Ma^ties Mandatory Lett^rs w^th his sign manuall.

The sd V. Ch^r. & Senate for & in behalf of themselvs & y^e sd Vniversity say y^t by y^e statute made 1^o Eliz intituled an Act to restore to y^e Crown y^e Ancient Iurisdictions over y^e Estate Ecclesiasticall & spirituall & abolishing foreigne power repugnant to y^e same. It is enacted amongst other things y^t every Person y^t shall be promoted to any degree of Learning in any Vniversity within this Kingdome before he shall receive or take any degree shall before y^e Chanc^r. or V. Ch^r. in y^t Vnivers: take y^e oath in y^e Statute mentioned & appointed purporting y^t he doth thereby testifie & declare in his Conscience y^t his Ma^tie is y^e only supreame govern^r 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, & y^t therefore he doth renounce & forsake all foreign Iurisdictions and Authoritys & promise to bear faith & allegiance to y^e K. his heirs & success^rs & to his power assist & defend all jurisdictions & Authorities granted, united, annexed or belonging to his Ma^ties Imperial Crown of England.

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

That y^e sd Statutes were made for y^e preservation of y^e Religion & doctrine professd by y^e Church of England & establisht by y^e laws of this Kingdome & of y^e Prerogative & rightfull powers of his Ma^tie.

That upon y^e receipt of his Ma^ties Lrs mandatory y^e same were by y^e V. Ch^r. communicated to y^e sd Senate & in order to y^e admitting y^e sd Alban ffrancis to y^e degree of M^r of Arts y^e sd oaths were offer'd to be adminstred to y^e sd Alban ffrancis if he would take y^e same w^ch he refused.

That y^e admitting him without taking y^e sd oaths had been contrary to y^e sd Statutes & a breach of y^e Trust in y^e V. Ch^r. & Senate repos'd & a violation of their Oath Therefore they could not admitt y^e sd Alban ffrancis to y^e sd degree & by their humble Applications to his sacred Ma^tie represented & again humbly desire yo^r L^dships to represent this their case to his Ma^tie y^t they may not be under his Ma^ties displeasure upon any misapprehensions thereof. But whether their L^dships will as a Court take cognizance of this matter they humbly pray their L^dships consideration since taking y^e degree of Master of Arts in y^e Vniversity or y^e 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 L^dships y^t by y^e Statute made in y^e 16^th year of his Ma^ties most Royall father K. Charles 1^st entituled an Act for repeal of y^e branch of a Statute 1^o Eliz concerning Comrs for causes Ecclesiasticall & whereby y^e sd branch is repeald it is enacted y^t no new Court shall be erected ordaind or appointed within this Realm w^ch shall or may have like power jurisdiction & Authority as y^e High Com̄ission'd Court then had or p^rtended to have but y^t all & every such Commissions & grants & all powers & authorities granted or pretended to be granted thereby shall be void & of no effect as in & by y^e Statutes more fully appear.

Which being read L^d Ch^r. said Is it sign'd?

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M^r. Bridgman         Yes my L^d y^e L^d|V.| Chanc^r. & 8 more

L^d Ch^r.          Read their names w^ch was done.

L^d Ch^r.          Well have you any more to say

V. Ch^r.          No my L^d not at this time

L^d Ch^r.          Then withdraw.

All y^e Company withdrew & about an hour & half after y^e court rose & afterwards M^r Bridgman desird to speak w^th y^e V. Ch^r. & delegates in y^e Councell Chamber to whom he sd y^t their L^dships had commanded him to tell y^m they had put off all farther consideration of this matter till Saturday come sevennight & then they expected their Attendance again. M^r V. Ch^r. askt him if Councell could be expected then to plead upon their Answer, He replied their L^dships had given him no Commission to say any thing to y^t & so they all withdrew.

Saturday May 7^th

This day it was publickly discoursd throughout y^e Town y^t y^e L^ds had received a new Commission & immediately Lawyers were consulted whether it were proper to urge y^t at his appearance w^t could be gathered thereupon was to this effect That y^t were a good plea if it could be well prov'd for y^t y^e receiving a new Commission in y^e midst of a Process especially if there be any alleration {sic} in it as to y^e extent of their Power would at least be a good p^rtence to begin y^e whole cause again & gain time. But y^t it was by no menas safe to alledge y^e things for a flying report is no evidence & if y^t report were fals it might be a great prejudice to them & their cause.

Councill Chamber

L^d. Ch^r.          M^r. V. Ch^r. y^e last time you were here you gave in a Paper to my L^ds signed by yo^r self & many others coming from y^e Vniversity – consists of severall parts, but there is one thing I must crave leave from my L^ds to discourse you upon w^ch concerns yo^r self y^e L^ds took notice you alledg'd an Oath & y^t Oath it seems hindred you from obeying y^e K^s Commands. Pray w^t was y^t oath?

M^r. V. Ch^r.          My L^d this is a new Question w^ch you were not pleas'd to put before & I beg leave & time to answer it.

L^d. Ch^r.         Why M^r. V. Ch^r? This requires no time. My L^ds I tell you took notice of an Oath w^ch you pleaded for yo^r self & now desire to know w^t y^e oath is

M^r. V. Ch^r.         My L^d I beg I may not Answer happily but y^t yo^r L^dship will let me know w^t questions you will ask & let me answer y^m in writing & by Councell.

L^d. Ch^r.          Why did you consult Councill when you took yo^r oath? I am really concern'd for y^e Vniversity of Camb. whereof I was once a member my self y^t y^e V. Ch^r. who is y^e Head & representative of so Learned a Body <4v> shou'd come before y^e K^s. Comrs & not be able to give an Account of y^e Oath y^t he has acted by all this while but desires time & Councell to tell him w^t this oath is

L^d Mulgrave          Why cannot you tell us w^t you {sic} oath is.

D^r Cook          My L^d if yo^r L^dship; pleases I think I remember y^e words of y^e oath

L^d Ch^r.         Nay good D^r How came you who never were V. C^r. & so never took this oath to understand it better than one {who} is V. C^r & has taken it.

M^r V. C^r.          My L^d I cannot call to mind y^e very words but y^e substance of y^e oath is y^t I should well & faithfully præstare or administrare munus or officium Procancellarij

L^d Ch^r.         I {sic} munus or officium & w^t then?

V. Ch^r.          And my L^d this Office I take to be stated by y^e Statutes of y^e Vniver: & laws of y^e Land

L^d Ch^r.          Well & how long has this been y^e V. Ch^rs oath?

V. Ch^r          Indeed my L^d I am not able to tell you exactly.

L^d Ch:          How long do you think I will not tye you up to a time V. Ch^r.

V. Ch:          My L^d ever since I knew w^t belongd to it ever since I was head of a Coll:

L^d Ch:          How long have you been head of a Coll:

V. Ch:          Six or 7 yeares my L^d

L^d Ch:          Have not other V. Ch^rs admitted to degree w^thout oaths who had taken y^e same obligatory oath y^t you had done

V. Ch:          Indeed my L^d I cannot remember every thing particularly y^t has be {sic} done

L^d Ch:          Well, because we will keep close to y^e question, do not you remember any M^r of Arts made without Oaths

D^r. Cook          My L^d not under y^e Quality of University noblema\e/n

L^d Ch:          Nay good D^r you was never V. Ch: yet when you are we may consider you

V. Ch:          My L^d y^e Answer to yo^r Question will depend upon our university books & records if you will give us time to consult y^m we will give your L^dships an account

L^d Ch:          No look you M^r V. Ch: you have given an Answer in writing already & because there is something in it my L^ds 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 L^d I cannot say y^t I remember any

L^d Ch:          Did you never hear of one D^r Lightfoot

V. Ch:          I think I have heard of such a one my L^d

D^r Cook          My L^d I beg leave to speak a few words

L^d Ch:          Well w^t ist you have to say

D^r Cook          My L^d D^r Lightfoot did subscribe

L^d Ch:          What subscription do you mean

D^r. Cook          To y^e 3 Articles y^e 1^st of w^ch is y^e K^s supremacy

L^d Ch:          Subscribing is no swearing D^r. But M^r V. Ch how many have you admitted by Mandate

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V. Ch:          Never but one my L^d since I came to y^e office & he took y^e Oath

L^d Ch:          Do you never admitt any without Oaths who have not such particular L{etters} patents from y^e King.

M^r Stanhope          Never my L^d & as for D^r Lightfoot they were aware before of this partticular persons being objected & therefore had provided a full Answer for M^r Stanhope undertook it because y^e Book & university Papers had been committed to his inspection & care. In answer had he been permitted to speak he had this to offer y^t y^e Register of Subscribers was then in Court in his hands redy to be product where Lightfoot subscribd w^th his own hands y^e 3 Articles y^e 1^st whereof is y^e Kings supremacy & y^t he cou'd refuse upon a Principle because y^e same must in all reason have hindred his subscription & as a farther proofe y^t he did swear they were ready to offer this y^t 2 \other/ Gent Roman Catholick Servants to y^e Q. Dowager did by virtue of y^e same Lrs from y^e K. at y^e time of his com̄ing to Camb desire their M^r 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, 1^st a Testimony upon Oath from a Gent: then in Court & besides y^t y^e Vniversity papers & Graces w^ch show these Gent^ns Names among y^e persons past in y^e House but wanting in y^e list of subscribers & Commencers. After w^ch they wou'd have refer'd it to y^e Court whether it was probable y^t y^e Vniversity shou'd admitt one of y^e Q^s. Servants without Oaths & yet refuse two more who had y^e same title but y^e Chanc^r. wou'd not hear them.

L^d Ch^r.          Nay look you y^t young Gen: expects to be V. Ch^r. too, when you are S^r you may speak till then it will more become you to forbear. But M^r V. Ch^r. when was it pray y^t you receivd y^e K^s Lrs y^e 1^st Lrs I mean.

V. Ch:          I do not perfectly remember my L^d I cannot call to mind y^e day of y^e Month

L^d Ch:          When were they dated do you know (To M^r Bridgman)

Mr Bridgman          My L^d (pausing)

V. Ch:          My L^d I remember 'twas upon Ashwednesday

L^d Ch:          And when was it these Lrs were publisht in y^e Senate

V. Ch:          My L^d it was y^e Monday night after

L^d Ch:          And w^t was y^e meaning of y^t delay M^r V. Ch^r: y^e K^s. business uses to have quicker dispatch.

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

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

L^d Ch:          Well but when you had read y^e Lrs why was not y^e Gent. admitted.

V. Ch:          My L^d y^e Senate Senate {sic} to me to desire I shou'd forbear admitting M^r ffrancis till I had petitiond y^e K. to revoke his Mandate

L^d Ch:          Why does y^e K^s Mandate usd {sic} to be disputed, did you ever see a Mandate valid in y^e Senate house whether it should be obeyed or no

V. Ch:          No my L^d usually they are not, but then y^e House sent for to me to forbear for they had not any of this nature before

L^d Ch:          Did you ever know any Mandate of y^e K^s. refus'd by y^e university before

V. Ch.         (After some pause) Yes my L^d severall

L^d. Ch.          Pray give us some instance. V. Ch: my L^d one Tatwell

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L^d Ch:          Ay when pray how long was that agoe

V. Ch:          My L^d I cannot recollect y^e time but it was in his late Ma^ties reigne I beleive about 14 or 16 years agoe

L^d Ch:          How was that

V. Ch:          My L^d y^e Mandate was given to one Tatwell a Nonconformist & he refus'd to subscribe & take y^e Oaths thereupon my L^d y^e Vniversity petitiond y^e K. & rep^rsented y^e matter to him & y^e K. was pleased to recall his Mandate

L^d Ch:          But M^r V. Ch^r. had not you another Mandate for another Gent: at y^e same time as this w^ch you refusd?

V. Ch:          Yes my L^d 'twas to make a Gent: D^r of Physick. L^d Ch^r.And he was admitted upon it was he not? V. Ch^r. Yes my L^d

L^d Ch:          Why shou'd they interpose in y^e one & not in y^e others? My V. Ch: My L^d y^t had no dispensation for y^e oaths in it.

L^d Ch:          But however if they did not vote it nor doe any other of y^e K^s Lrs how do you know they consent?

V. Ch:          My L^d y^t is p^rsumd by their silence, & offering nothing to y^e contrary

L^d Ch:          Ay for y^t you know we have a Proverb M^r 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 L^d He was not admitted till after y^e House had desir'd me to forbear in M^r ffrancis his case.

L^d Ch:          But as to y^e Business of y^e Senate desiring you my L^ds I hope you will indulge me to speak a little of y^t for having been formerly a member of y^e Vniversity my Self I think I have some small remembrance of y^e manner of proceeding there Pray M^r V. Ch^r. how was it y^t you knew their minds in y^t business.

V. Ch:          My L^d y^e House sent me up their opinions

L^d Ch:          How pray? B|b|y whom?

V. Ch:          The non Regent house by D^r Smoult y^e 1^st day & by M^r Billers y^e Orator & M^r Newton y^e Mathematick Prof: y^e 2^d day.

L^d Ch:          By whom do you say y^e 1^{st day.}

V. Ch:          My L^d by D^r Smoult from y^e Non Regent House & M^r Norris from y^e Regent House.

L^d Ch:          Well & w^t said these to you?

V. Ch:          My L^d I do not know y^e very words but it was to this effect y^t I woud forbear admitting M^r ffrancis till y^e K were petitiond.

L^d Ch:          Is y^t D^r Smoult in y^e Court?

V. Ch:          Yes my L^d he is here then He shewd himself.

L^d Ch:         Come S^r w^t ist I pray y^t you told M^r V. Ch:

D^r Smoult          My L^d I have forgot y^e very words but it was to y^e same purpose y^e V. Ch: told you just now y^t y^e House desired me to acquaint Him they were for petitioning y^e Mandate might be recall'd.

L^d Ch:          And pray S^r what are you y^t you should be thought fit to rep^rsent a whole House? Why shou'd they choose you rather then any body else?

D^r. Smoult          My L^d I suppose because I was one of y^e Sen^rs.

L^d Ch. But if you go to y^t why was not y^e very Sen^r. chosen?

D^r Smoult          My L^d I cannot tell they came to me.

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V. Ch:          My L^d He is one of o^r Professors.

L^d Ch:          Nay when I ask you Questions they prompt you & now you prompt {y^m.} But I must tell you M^r V. Ch: you ought to take an Account of what is done in y^e House yo^r self & not from others.

V. Ch:          My L^d my place is above at a great distance from y^e Non Regent House & I cou'd not see w^t was done there.

L^d Ch:          Why shou'd you take y^e sence of a House from one Man?

V. Ch:          My L^d He came & told me y^e House was of y^t opinion & I thought I had no reason to question what he said.

L^d Ch:          How loud did he speak when he told you this.

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

V. Ch:          Not of y^e Non Regent House my L^d they are not admitted into y^t House my L^d nor have any thing at all to doe there.

L^d Ch:          Well have you any thing else to offer to my L^ds.

V. Ch:          No my L^d

D^r Cook          My L^d if our Answer y^t we gave in y^e last be not satisfactory we desire to have time allowd us to make a farther defence & do it with Councell.

L^d Ch:          Have you anything to say besides V. Ch: no my L^d.

Nor you Gent: – Then withdraw

After y^e V. Ch: & 3 or 4 of y^e Delegates were gone of & y^e crowd was retird M^r Billers being a person engag'd in carrying up y^e sence of y^e House wou'd have informd y^e Court who seemd under a mistake more particularly of y^e Senates proceedings & how it comes to pass y^t y^e usuall way of suffrage was impracticable at y^t time.

M^r Billers          My L^d I beg leave to speak one word

L^d Ch:          Who are you S^r?

      M^r Billers My L^d it is one of y^e Gentl: y^t sign'd y^e paper & one whom y^e V. Ch: told yo^r L^dship carried up y^e sence of y^e House y^e 2^d day.

L^d Ch:          Nay hold M^r Billers give me leave to compare your memory w^th M^r V. Ch^rs. a little. M^r V. Ch: tells me y^t D^r Smoult & M^r Billers went up both of a day, then comes M^r Billers & say {sic} D^r Smoult & he went up two severall days

M^r. Billers          My L^d D^r Smoult & I did not goe up from y^e House both of a day.

L^d Ch:          The V. Ch: said you did & y^t D^r Smoult went up from y^e Non Regent house & you from y^e Regent house.

M^r Billers          My L^d I could not possibly go up from y^e Regents I do not belong to y^t house my L^d

L^d Ch:          Indeed he said so S^r. Indeed he did my L^ds did not he (to M^r. Bridgman) M^r Bridgman Yes my L^d

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(Mr Stanhop behind y^e B^p of Rochester) My L^d under yo^r favour my L^d Ch. was mistaken y^e Person y^t y^e V. Ch: told you went up from y^e Regent house the same day w^th M^r Smoult was M^r. Norris.

B^p of Roch:          My L^d I think yo^r L^dship forgets it was M^r Norris y^t {illeg}|went| up from y^e House Regent House with D^r Smoult.

L^d Ch:          Well S^r what ist you would say.

M^r. Billers          I was just acquainting yo^r L^dship w^t was done & y^t there was no other way – The thing M^r Billers intended to urge was y^t y^e usuall way of suffrage cou'd not be practis'd at y^t time & so this other way was taken.

E. of Sunderl:          We heard y^t before L^d Ch: we took notice both w^t was done & w^t was not done & therefore withdraw.

Then all y^e Company retird & after above an hour & an half attendance they were calld in again & y^e L^d Ch: pronounced y^e sentence upon M^r V. Ch: in y^e following manner:

M^r V. Ch: My L^ds have commanded me to tell you, y^t they have taken some time to consider y^e Answer & are at last come to a resolution \upon/ it. My business is to tell you w^t y^t resolution is. My L^d {sic} consider you have been guilty of an act of great disobedience to y^e K^s commands & other crimes & contempts & such as you appear before us you have very little to say in y^e excuse thereof Therefore as a mark of his Ma^ts. & their L^dships displeasure they have thought fit to appoint y^t you be from henceforth deprivd of y^e office of V. Ch^r. of Camb. They likewise order y^t you do not p^rsume at any time hereafter to meddle w^th any of y^e publick business of y^e Vniver. Likewise M^r. V. Ch: their L^dships consider y^t you have a headship of a Coll & because y^e example of so ill a Man may be of pernicious consequence to all under y^t governm^t they have likewise thought fit y^t you be deprivd of y^t Headship both as to y^e Office & benefitt of it during his Ma^ties pleasure. But because they have a Tenderness for y^e Coll. for w^ch you all along have shewn but little regard my L^ds have been pleasd to appoint y^t y^e revenues of y^e Headship shall go to y^e benefit of y^e Society. This is their L^dships pleasure & to this they require yo^r od|b|edience. There are likewise some other Gent: y^t have sign'd a paper here but my L^ds expect their attendance when they sitt next w^ch will be upon Thursday & then we shall take y^m into consideration.

On Munday D^r Peachell wrote to M^r Bridgman by an Esq^r Beadle who attended him to desire a copy of y^e sentence but answer was return'd y^t y^e sentence as yet was not committed to writing but verball only & so cou'd not have a copy but he repeated y^e Heads only w^th this Alteration y^t he was suspended from his Mastership & not deprivd w^ch was an Error in y^e Ch^rs. delivering it.

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

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The Delegates appeard without D^r Peachell.

L^d Chanc^r.          Gentlemen y^e last time you appeard here before us my L^ds thought fit to sett a mark of their just displeasure upon y^e V. Ch^r. Gentlemen you cannot but be sensible & so must all y^e world how pernicious & obstinate y^e Vniversity have shewn themselves in refusing complyance w^th y^e K^s 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 y^e yeare 1667 when y^e late K^gs Lrs {were} so far from being disputed y^t they past for a law among you & do to this day continue recorded among y^e solemn Acts & publick statutes of y^e Vniversity. Gentlemen my L^ds consider a difference to be made betwixt y^e V. Ch^rs. case & y^rs & therefore did not conclude you who represent y^e Senate w^th him, but have requird y^r attendance at this time. They impute y^e miscarriage of y^t Body Cheifly to a disease in y^e Head tho neither are you without fault for {find}ing y^r selvs so much as uneasie under y^e K^gs Commands. Gent I must tell you y^t their L^dships understood very well y^e sly insinuation in y^e Paper & {have} commanded me to tell you they know very well by w^t Authority they sit {illeg} & from whom they derive, they know very well upon w^t grounds they {goe}, tho they do not think fit to descend to particulars, they know too very well how far y^t Authority extends not only to you of y^e Vniversity but {to all} Societies of this Kingdom. Gent y^e best way will be by ready obedience to his Ma^ties Commands for y^e future & by giving a good example to {others} to make some amends for y^e ill example has been given you. Therefore I shall say to you w^t y^e Scripture says & y^e rather because I see most of you are divines Goe yo^r way & sin no more least a worse thing {befall you}

As they were drawing off he called y^m & said

L^d Ch:          Hold Gent I have something further to say to you, my L^ds {require} a testimony of y^e obedience y^t you who represent y^e Senate shou'd take care they have y^e Vniversity Statutes brought to lay before y^e {illeg}

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No no send y^m by a proper Officer you are only to carry a message from us to Senate & tell y^m w^t we expect.

D^r Eachard         In w^t time dos yo^r L^dship expect them

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

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

1^st The business of admitting others & particularly D^r Lightfoot w^thout oath they said

As to Lightfoots case w^t they entended to have urged in Court you have seen already – As to others

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

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

3^ly That under y^t Quality they never admitt any without oaths

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

5 That even those Degrees given to Noblemen & Strangers are honorary & complimentall & so different from what y^e Statutes call degrees of learning w^ch 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 & y^e 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 y^t no man was ever admitted y^t positively refusd y^e Oaths w^ch this M^r ffrancis did.

To w^ch was annexed

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

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

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

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4 The representing y^e 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 y^e V. Ch^r. in behalfe of his whole Coll: or otherwise.

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

6. That to give y^e better reputation to y^e thing & make it unexceptionable y^e Persons sent from y^e Senate to y^e V. Ch^r. were all men either of publick Charecter in y^e Body or y^e Seniors of their Houses or some way eminently known in y^e 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 K^gs Lrs mentiond by my L^d Ch^r. Anno 1667 concern y^e regulating some of y^e Publick exercizes in y^e Vniversity y^e meaning whereof is this. The K. is their Visitor & whenever there is any thing belonging to the locall Statutes & Customes w^ch they think ought to be alterd or any ill use shoud be rectified & redrest their way is to beg y^e K^gs Royall injunction in y^e case w^ch they keep upon Record & obey as a Statute. How good an argum^t this is ag^t y^m for not obeying a private Mandate contrary to 4 known Laws of this land it is easily discern'd.

Saturday May 14 M^r Atterbury came to Camb w^th two orders under y^e Common Seale one to y^e Proctors to proceed to y^e Choise of a new V. Ch^r. & y^e other to Magdalen Coll. Fellow to each of w^ch was annexed a Copy of y^e sentence to be fixt on y^e School doors & Magd. Coll: gates, & on Thursday May 17^th D^r Bolderston M^r of Emanuell Coll: succeeded in y^e office of V. Ch.

Animadversion upon
Wednesday Apr. 27

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

A Copy of D^r Peachells Sentence as it was fixt upon y^e Public Schools & Magdalen Colledge Gates.

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

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Whereas Iohn Peachell D^r of Divinity V. Ch^r of y^e Vniversity of Camb & M^r of S^t Mary Magd. Coll in y^e said Vniversity had been conven'd before us for his disobedience of his Ma^ties Royall Lrs mandatory and other his contempts & y^e said D^r Iohn Peachell having been fully heard thereupon we have thought y^t y^e sd D^r Iohn Peachell shall for y^e sd disobedience & contempts be deprivd from being V. Ch^r. of y^e sd Vniversity & from all powers of acting in y^e same, & also y^t he shall be suspended ab officio & Beneficio of his M^rship of y^e sd Coll during his Ma^ties pleasure & accordingly we do by these p^rsents deprive him the sd D^r Iohn Peachell from being V. Ch; in y^e Vniversity & from all power of acting in y^e same & also suspend him ab Officio & Beneficio of his Mastership of y^e Coll Peremptorily admonishing & requiring him hereby to abstain from y^e function & execution of y^e office of V. Ch^r. & from acting in y^e Vniversity & also from his function as M^r of y^e sd Coll: during y^e sd suspension under pain of deprivation from his sd Mastership. And we do further order & decree y^t y^e Profitts & Perquisitts belonging to his sd Mastership shall during y^e sd suspension be applyd to y^e use and benefit of y^e sd Coll.

Given under our Seal y^e 7^th day of May 1687.