A defence of the Senate's stance in the Alban Francis affair

The Answer of y^e Vice Chancellor & Senate of y^e Vniversity of Cambridge to y^e Question, why they did not Admitt Alban ffrancis to y^e Degree of Master of Arts in y^e same Vniversity according to his Ma^ts. Mandatory Letters under his Signe Manual.

The said Vice Chancellor & Senate for & in behalfe of themselves & y^e sd Vniversity, say y^t by y^e Statute made 1^mo Eliz: Entituled an Act to restore to y^e Crowne y^e ancient Iurisdiccons over y^e State Ecclesiasticall & Spirituall, & abolishing fforeigne power reꝑgnt 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 such Degree shall before the Chancell^r or ViceChancellor of y^e Vniversity take y^e Oath in y^t Statute menconed & appointed, purporting y^t he doth thereby testifie and declare in his Conscience y^t his Ma^tie is y^e onely supreame Governo^r of this Realme, as well in all Spirituall & Ecclesiasticall things and causes, as Temporall. That no fforreigne Prince, Person, Prelate, State or Potentate hath or ought to have any Iurisdiccons, Superiority or authority Ecclesiasticall or Spirituall within this Realme, and y^t therefore he doth renounce & forsake all forreigne Iurisdiccons & authorities & promise to beare ffaith & true Allegiance to the King his Heires & Successors & to his power assist & Defend all Iurisdiccons & authorities Granted, Vnited, annexed or belonging to his Ma^ts Imperiall Crowne of England.

That by y^e Statute made 5. Eliz: Entituled an Act for y^e Assurance of y^e Queen's Royall Prerogative over all Estates & Subjects within her Dominions.

It is likewise enacted y^t every ꝑson y^t shall be admitted to any degree of Learning in any y^e Vniversityes before he shall be allowed or suffered to take upon him such Degree shall take the foremenconed Oath before such ꝑson or ꝑsons as shall have authority by com̄on Vse, or otherwise to admitt to such Degree.

That by y^e Statute made by his Ma^ts. Royall Grandfather King Iames y^e first in y^e third yeare of his Reigne Entituled an Act for y^e better discovering & repressing of Popish Recusants. Another Oath is p^rscribed com̄only called y^e Oath of Obedience by w^ch Oath y^e ꝑson y^t <1v> takes it amongst other things is enjoyned to sweare y^t his Ma^tie is the Lawfull & rightfull King of this Realme, & of all other his Dominions & Countries. And y^t neither y^e Pope of himselfe, nor by any other means hath power or authority to depose his Ma^tie or dispose of any his Kingdomes or Dominions, or to Authorize any fforreigne Prince to invade them, or discharge his Subjects from their Obedience or Allegiance to his Ma^tie, or to give leave to bear Armes ag^t him, & y^t he will bear faith & true Allegie|a|nce to his Ma^tie & him will Defend to y^e Vtmost of his power. And afterwards by y^e Statute made in y^e seventh year of y^e Reigne of his Ma^ts sd Royall Grandfather Entituled an Act for y^e Administring y^e Oath of Allegiance.

It is enacted y^t y^e sd last menconed Oath shall by y^e ViceChancell^r. & Principalls of houses in y^e Vniversity be publiquely taken in y^e Convocacon before y^e Senior Masters & by every other ꝑson y^t should be promoted to any Degree in Schoole before y^e ViceChancell^r for y^e time being in y^e Convocacon house.

That y^e ViceChancell^r & every member of y^e Senate hath taken y^e sd Oathes, & y^e ViceChancellor & Senate are y^e ꝑsons intrusted to putt y^e sd Lawes in Execucon in y^e sd Vniversitie.

That y^e Vice Chancell^r by his Oath of Office hath alsoe sworne duely to execute his Office according to y^e Lawes, & cannot admitt to any Degree without y^e Senate.

That y^e sd Statutes were made for y^e preservation of y^e Doctrine & Religion professed by y^e Church of England, & established by y^e Lawes of this Kingdome, & of y^e Prerogative & rightfull power of his Ma^tie.

That upon y^e receipt of his Ma^ts sd Letters Mandatory, the same were by y^e Vice Chancell^r com̄unicated to y^e sd Senate & in order to y^e admitting y^e sd Alban ffrancis to y^e Degree of Mast^r. of Arts, y^e sd Oathes were offered to be adminstred to y^e sd Alban ffrancis if he would take y^e same, w^ch he refused to doe.

That y^e admitting him without takeing y^e sd Oathes had been contrary to y^e sd Statutes, & a breach of y^e trust in y^e Vice Chancell^r & Senate reposed & a violacon of their Oathes, & Therefore they could <2r> not admitt y^e sd Alban ffrancis to y^e sd Degree, And by their humble applicacon to his sacred Ma^tie did & now againe humbly desire yo^r Lord^pps to represent this their Case to his Ma^tie y^t they may not lye vnder his Ma^ts displeasure vpon any Misapprehensions thereof.

Butt whither yo^r Lord^pps will as a Court take Conusance of this Matter, they humbly pray yo^r Lord^pps consideracon since y^t y^e taking of y^e Degree of Master of Arts in y^e Vniversity, or the admitting or refuseing to admitt to such Degree is not any cause or matter Ecclesiasticall or Spirituall, but of Lay & Temporall conusance.

And they further humbly offer to yo^r Lord^pps y^t by y^e Statute made in y^e sixteenth yeare of y^e Reigne of his Ma^ts most Royall ffather King Charles y^e first Entituled an Act for repeale of y^e branch of a Statute primo Eliz: concerning Com^rs for causes Ecclesiasticall, & whereby y^e sd branch is repealed, It is enacted y^t no new Court shall be erected, ordained, or appointed within this Realme w^ch shall or may have like power, Iurisdiccon or Authorityes as y^e High Comission Court then had or p^rtended to have, but y^t all & every such Comissions & Grants, & all powers & Authorities Granted or p^rtended to be Granted thereby shall be void & of none effect as in & by y^e Statutes more fully appeare.