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

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

D. Burnett MasterE. Rochester
E DanbyE Mulgrave
Bp WinchesterL. Chancellr.
Marq. Hollfaxfor it
A. {illeg}|B.| of Cant.
  Against it

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

I wonder yt ye Goodmen of Sidney doe not elect their Master. An honest Courage in these mattrs will secure all, having Law on or sides.


Feb. ye 19th

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Professor Rob Iliffe
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Scott Mandelbrote,
Fellow & Perne librarian, Peterhouse, Cambridge

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

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