An Account of
yethe Cambridge case & all
yethe proceedings therein.
On yethe 9th day of Febr. being Ashwednesday, came a Letter under his MatsMajestys Signet Manual
dated yethe 7th of yethe same month; yethe substance whereof was; ytthat hearing much in com̄mmendation
of one Alban ffrancis a Benedictine, yethe King was pleased to command yethe Vniversity, ytthat they
should admitt him to yethe Degree of MrMaster of Arts without administring to him any oath or
Oaths; whatsoever any law or Statute to yethe contrary in any wise notwithstanding wchwhich
wchwhich his MatieMajestie was pleas'd graciously to dispence in behalf of yethe sdsaid Alban ffrancis.
On Munday yethe 21th yethe Vice ChancellrChancellor having summon'd a congregation read his MatiesMajesties
letter purporting as before & superscrib'd To orour Trusty & welbeloved yethe ViceChancr.ViceChancellor
of yethe Vniversity of Cambbridge to be communicated to yethe Senate there upon yethe reading hereof
yethe Senate who had made yethe best advantage they could of yethe V.Vice Chancrs.Chancellors delay in order
to getting advice resolv'd to testifie their common & almost unanomousunanimous sence of yethe
thing & in a matter of such consequence & novell practice to interpose accordingly
there was (as 'tis commonly term'd) a Grace, yethe very original paper whereof I
have seen, drawn up in order to be put to yethe vote of yethe house after yethe ordinary &
usuall way, but yethe constitution of yethe body being such ytthat this must first of necessity have
been propos'd to what we call yethe Heads wchwhich consists of 6 persons each of wchwhich hath an
Arbitrary voice & power upon dislike to stop any proceeding finally & hinder it
from being put to yethe house at all, this method was laid aside as impracticable
upon ytthat occasion. Because MrMaster Basset a declar'd Roman Catholick & one ytthat had
openly asserted MrMaster ffrancis his cause happened to be one of yethe six who composed
yethe Head for this year. It was therefore presum'd wthwith great appearance of Reason
ytthat he would put a bar to yethe proceedings & so yethe Grace not being sufferd to be
offerd to yethe House yethe Senates sence could never have been fully & particularly
known thereupon.
This Consideracontion constraind ymthem to yethe use of another course wchwhich was without
yethe formality of a suffrage voluntarily to testifie their concurrance wthwith Mr.Master V.Vice Chr.Chancellor
& advise him to forbear yethe admitting MrMaster ffrancis till yethe King had been petitioned to
revoke his Mandate. As soon as yethe Letter came to Town yethe V.Vice Chr.Chancellor wrote away to
yethe Duke of Albemarle orour Chancr.Chancellor to beg his intercession wthwith yethe King wchwhich he returnd
word was tryed wthwith no effect. But possibly such a body as yethe Vniversity concurring &
signing a petition if ytthat should be admitted might prove better & more successfull.
Now because if every single man prpresent to yethe number perhaps of 150 or 200
should advise to yethe in person to yethe V.Vice Chr.Chancellor this might look tumultuary it was thought
yethe more quiet decent & respectfull way to send up their sence by Messenger from
each House. To this purpose Dr. Smoult Professor of Casuisticall Divinity was
made choice of by yethe Non Regents & MrMaster Norris Fellow of Trinity Colledge
by yethe Regents. The substance of wchwhichwhat they deliver'd was ytthat yethe House thought
yethe Admission of MrMaster ffrancis without yethe usuall oaths to be illegall & unsafe &
for ytthat reason advisd yethe K.King might be petition'd to revoke his Mandate in yethe doing
wchwhich they were ready to joyn & make it their Act. The opinions were given
to these two Messengers freely in each House & yethe thing was so unanimously
approv'd ytthat yethe only persons takingtaken notice of to be agtagainst it amongst so many
were 3 Papists & one or two besides. Afterwards there was a Gent.Gentleman admitted
Dr. of Physick by virtue of a Mandate having first taken yethe oaths & yethe EsqꝫEsquire
Beedle & Register were sent to let MrMaster ffrancis know ytthat yethe Senate were ready
to admitt him provided he would swear as yethe Laws appointed. But he refusd insisting
upon yethe KsKings dispensation & this was yethe business of yethe first meeting about this matter.
Immediately upon yethe Congregation's breaking up MrMaster ffrancis took horse for
London to represent at Whitehall wtwhat had been done & yethe same Afternoon
yethe Heads met in Consistory to Consult wtwhat LtsLetters should be sent & to whom they
agreed upon one to yethe D.Duke of Albemarle & another to yethe Earle of Sunderland
He being yethe Secretarie of State thro' whose hands yethe Mandate passed. An
EsqꝫEsquire BeableBeadle was dispatcht ytthat night who after having waited on yethe D.Duke of Alba
marle endeavourd severall times to gett access to yethe LdLord Sunderland but could
not at last having sent in his Letter (The main whereof was a most humble
submission to his Matie.Majestie wthwith very solemn & unfeigned Protestation ytthat wtwhat was
now done proceeded not from any Principle of Disobedience & stubborness
but a conscientious sence of orour obligation to Laws & Oaths & a respectfull
intimacontion ytthat we were ready to petition yethe K.King if it might be admitted, but not
daring to approach him without some significations ytthat it would be acceptable
we applyed orour selvs to his LdshipLord desiring him to doe yethe Vniversity yethe favour to
mediate for them &c.) He was dismisst without any particular answer.
Within a few days came a second Letter dated Feb 24 wchwhich by reason of
yethe Assises & some other publick business intervening was not read in yethe Senate
till Friday March 11. The Vniversity & V.Vice Chr.Chancellor in yethe mean time had receiv'd
a great deal of satisfaction by yethe opinion of some eminent Lawyers who
confirmed ymthem in yethe Approbation of wtwhat was already done, & for yethe future
declard they could advise no Beother cause than humbly to represent yethe case
to his MatieMajestie & entreat him not to think amiss of so loyall a body as yethe Vniversity
had always shown themselvs. The Second Letter being read yethe day beforesaid
wchwhich was exactly yethe same as yethe former excepting only yethe addition of a Clause
to do it at orour perill. The Senate proceeded as before to advise yethe V.Vice Chancr.Chancellor
to some expedient form representing yethe case fully & clearly to yethe K.King as well
wthwith yethe respect to yethe illegality of such admission, as yethe many ill consequences ytthat
were like to attend it. This yethe Non regent House did by MrMaster Billers ffellow
of St Iohns Coll.College yethe publick orator & MrMaster Newton ffellow of Trinity Coll.College
Mathematick Prof:Professor The Regent House by MrMaster Henry ffinch Son to yethe late
LdLord Chancr.Chancellor MrMaster Burton of St Iohns Coll.College & MrMaster Willlliam Bowles ffellow of Kings
Coll:College all wchwhich was done without yethe least hurry or irregularity without so
much as asking an opinion but every man went & gave it quietly of his own
Accord. So ytthat no manner of inducemtment was put upon any one to declare him
self in yethe business but wtwhat proceeded meerly from his own Conscience & a
due sence of yethe things.
Another large Letter being prprepard for yethe D.Duke of Albamarle wherein was
every thing almost ytthat could be thought on to prevail wthwith his Matie.Majestie & one
likewise shorter & less particular to yethe E.Earl of Sunderland. That very after
noon MrMaster Prudock ffellow of Catherine Hall & MrMaster Stanhop ffellow of
Kings CollCollege were desir'd by yethe V.Vice Chr.Chancellor to go to London wthwith these LrsLetters & other
instructions to apply themselvs to several persons of Honour & Charecter
ytthat they would all joyn forces & think it a common cause for so addressing to
yethe K.King yethe success would be more probable & yethe Honour done to yethe Vniversity
greater. Sunday March 13th yethe two Gent.Gentlemen waited on their ChancrChancellor yethe D.Duke of
Albemarle who recdreceived them wthwith all yethe goodness in yethe world wthwith Assurances ytthat
notwithstanding He had waited on yethe K.King before he knew his inclinations nay 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 yethe Vniversitys safety & advantage. Monday
yethe 14th in yethe evening yethe D.Duke of Albamarl waited on yethe K.King & in his passage towards
yethe BebBedchambr.ber took to yethe two Gent.Gentlemen into yethe Antichamber ytthat they might be in
troduct if occasion were. The K.King upon yethe Dukes acquainting him wthwith yethe affair
told him he had not then leasure to talk but commanded yethe Lettr.Letter wchwhich yethe
V.Vice Chethe D.Duke of Albamarl wthwith wchwhich in his hand he passt thro yethe rooms
& making ytthat evening a visitt to yethe Q.Queen Dowager gave yethe D.Duke no further op
portunity of knowing his pleasure at ytthat time. At yethe Dukes return from yethe
inner room yethe Gent.Gentlemen desir'd him to give leave ytthat they might use his name
to procure ymthem easie admittance to yethe E.Earl of Sunderland for ytthat they resolv'd to
deliver their LettrLetter to no other hand but his own if ytthat might be. The Duke
immediately sent his Gent.Gentleman of yethe Horse to one of yethe LdLord Sunderlands Secre
taries making it his desire ytthat MrMaster Bradack & MrMaster Stanhop might see yethe E.Earl
who accordingly appointed ymthem to yethe LdLord Sunderlands bedside who took yethe LettrLetter & after some further
applications made to him by word of mouth He promist ymthem to acquaint his
MatieMajestie & tell ymthem his pleasure on Thursday at wchwhich time MrMaster Bradock with
his Companion came all yethe Account they receivd was only this, That yethe
K.King had seen yethe V.Vice Chrs.Chancellors Letter, ytthat he was offended at yethe Vniversitys proceed
ings & would take care very shortly to give a farther Answer.
Saturday yethe 19 of Apr. MrMaster Atterbury came down wthwith a sum̄mmons from
yethe Ecclesiasticall ComrsCommissioners to this effect. That whereas complaint had been
made to ymthem agtagainst yethe V.Vice Chr.Chancellor & Senate of yethe Vniversity of Camb.bridge for having
refusd to comply with his MatsMajestys Royall LtsLetters in behalf of MrMaster ffrancis they
were therefore commanded to appear yethe V.Vice Chr.Chancellor in person & yethe Senate by
themselvs & their Deputies before yethe LdLords ComrsCommissioners in yethe Councell Chamber yethe
21st of Apr. to answer such things as should be objected agtagainst ymthem in his MatsMajestys
behalf upon yethe ꝑpremises &c. Monday Apr 11th a Senate was called & 8 per
sons nominated to represent yethe Vniversity together wthwith yethe V.Vice Chr.Chancellor all which
being unanimously approv'd by yethe Senate they empower'd ymthem by an instrumtment
under their common seal to answer in their behalf, & to be their full
Actors Attorneys & Proctors as to wtwhat would arise from yethe Commission Court
upon yethe late Summons And MrMaster Atterbury having receivd private instruc
tions to stay & cite every man ytthat was chosen personally; He came accordingly
into yethe Senate House & sum̄mmond as many as were prpresent waiting upon the
rest at a conveniant time. The Persons deputed by yethe Senate to represent
& act for ymthem were these.
Dr Iohn Peachell V.Vice Chancr.Chancellor | MrMaster Iohn Billers ffellow of St Iohns Coll.College
& publick Orator of yethe Vniversity |
Dr Humphrey Babington
fellow of Trin.Trinity Coll.College | MrMaster. Isaac Newton ffellow of Trin.Trinity Coll.College &
Prof.Professor of yethe Mathematicks |
Dr. Iohn Eachard MrMaster of Catharine
Hall | MrMaster. Iames Smith ffellow of Queens CollCollege & |
Dr. Tho.Thomas Smoult ffellow of St. Iohns & Profes.Professor of Practicall Divinity | MrMaster George Stanhop ffellow of Kings Coll.College |
Dr. WillWilliam Cook Dr of Civil Law &
ffellow of Iesus Coll.College | |
Thursday Apr. 21 Councill Chamber
| LdLord Chancr.Chancellor Iefferies | LdLord Bishop of Durham |
ComrsCommissioners present | LdLord President Sunderland | LdLord BpBishop of Rochester |
| LdLord Mulgrave | LdLord ChChief Iustice Herbert |
| EEarl of Huntington |
LdLord Chr.Chancellor Is MrMaster V.Vice Chr.Chancellor here? Which is He?
He standing over agtagainst yethe LdLord Chr.Chancellor bow'd & show'd himselfe.
LdLord Chr.Chancellor Is there any body come from yethe Senate to attend him?
M. Stanhope Yes my LdLord we are 8 of us here deputed by yethe Senate to answer
wtwhat shall be objected agtagainst ymthem according to yorour LdpsLordships sum̄mmons
The noise & crowd being very great MrMaster Bridgman was forc't to repeat ytthat over again
to yethe LdLord ChrChancellor
LdLord Chr.Chancellor Read yethe Summons (wchwhich was done).
LdLord Chr.Chancellor Now Mr.Master V.Vice Chr.Chancellor wtwhat have you to say ytthat you did not obey his MatiesMajesties
Commands in behalf of ytthat Gent.Gentleman mencontioned there
Mr.Master V.Vice Chr.Chancellor My LdLord you enquire of me why I did not admitt MrMaster ffrancis accord
ing to yethe Kings LettersLetters
LdLord Chr.Chancellor Yes ytthat is yethe Question I ask you
Mr.Master V.Vice Chr.Chancellor My LdsLords 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
LdLord Chr.Chancellor Why Mr.Master V.Vice Chr.Chancellor my LdsLords specified in yethe sum̄mmons yethe thing ytthat would
be Questiond on purpose ytthat you should not come unprepar'd but it
may be MrMaster V.Vice Chr.Chancellor did not adttend sufficiently to ytthat part o'the sum̄mmons
therefore let it be read to him once again (wchwhich was done)
LdLord Chr.Chancellor Now Sir you hear wtwhat you are charged wthwith t'is for refusing to
comply wthwith his MatiesMajesties Commands.
MrMaster V.Vice Chr.Chancellor My LdsLords I beg time to answer you, My LdsLords 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
wchwhich I should afterwards be sorry for, Therefore I beg leave my
LdLord to have time allowd us for giving in such an Answer as may be
both for orour safety & yorour LdLordships Honour.
LdLord Chr.Chancellor smiling) Why Mr.Master V.Vice Chr.Chancellor as for yorour own safety my LdsLords are willing you should
take all yethe care you can, but for wtwhat concerns orour Honour doe not you
trouble yorour self we are able to consult wthwithout any interposition
of yours.
Mr.Master V.Vice Chr.Chancellor My LdLord I beg yorour pardon if I have said any thing unbecoming, I
I meant only yethe Honour ytthat is due to yorour LdLordships quality My LdLord & there
fore being to Answer before Persons of such Quality, I beg leave to
doe
LdLord Chr.Chancellor Well withdraw a little & my LdsLords will consider of your request
Then all yethe company withdrew & about 3 quarters of an hour after the
V.Vice .Chancellor was sent for into an Antichamber where MrMaster Bridgman told him ytthat yethe LdsLords
ComersCommissioners had given him time till Wednesday next at 4 in yethe afternoon & leave to
put in his Answer in writing & wthwith Councell & by wtwhat Councell he would. When
yethe Councell heard wtwhat the; ComersCommissioners had granted they were something surprized and
loath to move in yethe thing without a Rule of Court, therefore on friday morn
ing Dr. Eacherd & MrMaster Stanhop went to MrMaster Brigdgmans office to desire such
an order or at least a copy of wtwhat he had sdsaid to MrMaster V.Vice Chr.Chancellor but he told ymthem he
had no power to give either only he repeated yethe words over again for yethe
satisfaction of ymthem & yethe Councell wchwhich was yethe same ytthat yethe V.Vice Chr.Chancellor had related
from his mouth before.
Wednesday Apr. 27
In yethe Councill Chamber
All yethe ComersCommissioners present
About a quarter of an hour before yethe LdsLords met Mr.Master Bridgman came to yethe V.Vice Chr.Chancellor
& desird to know of him whither he gave in his Answer in writing only or whither
any Councell would appear to argue it. To wchwhich yethe V.Vice Chr.Chancellor replied ytthat his Answer
was drawn out in writing & ytthat he did not expect any Councell there ytthat day,
Mr.Master Bridgman replied ytthat yethe LdsLords had commanded him to ask those questions and
wou'd expect so much before they begnbegan to proceed when yethe Delegates were called
in yethe LdLord Chr.Chancellor said.
LdLord Chr.Chancellor MrMaster V.Vice Chr.Chancellor yethe last time you were here you desired time to put in your
Answer in writing. My LdsLords have indulg'd you so far now where is yorour Answer?
Mr.Master V.Vice Chr.Chancellor My LdLord here it is (& gave it Mr.Master Bridgman)
After a whisper round about yethe Table
LdLord Chr.Chancellor Read it
Here follows yethe Plea
The Answer of yethe V.Vice Chr.Chancellor & Vniversity of Cambridge to yethe Question why
they did not admit Alban ffrancis to yethe degree of MrMaster of Arts in yethe same
Vniversity according to his MatiesMajesties Mandatory LettrsLetters wthwith his sign manuall.
The sdsaid V.Vice Chr.Chancellor & Senate for & in behalf of themselvs & yethe sdsaid Vniversity say
ytthat by yethe statute made 1o Eliz intituled an Act to restore to yethe Crown yethe Ancient
Iurisdictions over yethe Estate Ecclesiasticall & spirituall & abolishing foreigne power
repugnant to yethe same. It is enacted amongst other things ytthat every Person ytthat shall
be promoted to any degree of Learning in any Vniversity within this Kingdome before
he shall receive or take any degree shall before yethe Chancr.Chancellor or V.Vice Chr.Chancellor in ytthat Vnivers:Vniversity
take yethe oath in yethe Statute mentioned & appointed purporting ytthat he doth thereby
testifie & declare in his Conscience ytthat his MatieMajestie is yethe only supreame governrgovernour 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, & ytthat therefore he doth renounce & forsake all foreign Iurisdictions
and Authoritys & promise to bear faith & allegiance to yethe K.King his heirs & successrssuccessors
& to his power assist & defend all jurisdictions & Authorities granted, united, annexed
or belonging to his MatiesMajesties Imperial Crown of England.
That by yethe Statute made by his MatiesMajesties Royall Grandfather K.King Iames yethe 1st in yethe
3d yeare of his reigne intituled an Act for yethe better discovering & representingrepressing of Popish
recusants another Oath is prescribd commonly called yethe oath of by wchwhich oath
yethe Person ytthat takes it amongst other things is enjoyned to swear ytthat his MatieMajestie is the
lawfull & rightfull K.King of this Realm & of all other his dominions & Countries & ytthat
neither yethe Pope of himself or by any other means has power & Authority to depose his
MatieMajestie or dispose of any of his Kingdomes & dominions or to authorize any forreigne
Prince to invade ymthem or to discharge his subjects from their obedience or allegiance
to his MatyMajesty & him will defend it to yethe utmost of his power. And afterwards by yethe Statute
made in yethe 7th year of yethe reign of his MatiesMajesties Royall Grandfather intituled an Act
for yethe administring yethe oath of allegiance it is enacted ytthat yethe sdsaid mentioned oath shall
by yethe V.Vice Chr.Chancellor & Principalls of Houses in yethe Vniversity be publickly taken in yethe Convocacontion
before yethe Senior Masters & by every other person ytthat shall be promoted to any degree
in School before yethe V.Vice Chr.Chancellor for yethe time being in yethe Convocation House. That yethe V.Vice Chr.Chancellor
& every member of yethe Senate has taken yethe sdsaid oaths & yethe V.Vice Chr.Chancellor & Senate are yethe
persons intrusted to put yethe sdsaid laws in execution in yethe Vniversity. That yethe V.Vice Chr.Chancellor by oath
of office hath also sworn duly to execute his office according to yethe Laws & cannot
admitt to any degree without yethe Senate.
That yethe sdsaid Statutes were made for yethe preservation of yethe Religion & doctrine
professd by yethe Church of England & establisht by yethe laws of this Kingdome & of yethe
Prerogative & rightfull powers of his MatieMajestie.
That upon yethe receipt of his MatiesMajesties LrsLetters mandatory yethe same were by yethe V.Vice Chr.Chancellor
communicated to yethe sdsaid Senate & in order to yethe admitting yethe sdsaid Alban ffrancis to yethe
degree of MrMaster of Arts yethe sdsaid oaths were offer'd to be adminstred to yethe sdsaid Alban
ffrancis if he would take yethe same wchwhich he refused.
That yethe admitting him without taking yethe sdsaid oaths had been contrary to yethe sdsaid
Statutes & a breach of yethe Trust in yethe V.Vice Chr.Chancellor & Senate repos'd & a violation of
their Oath Therefore they could not admitt yethe sdsaid Alban ffrancis to yethe sdsaid degree
& by their humble Applications to his sacred MatieMajestie represented & again humbly
desire yorour LdLordships to represent this their case to his MatieMatie ytthat they may not be under
his MatiesMajesties displeasure upon any misapprehensions thereof. But whether their LdshipsLordships
will as a Court take cognizance of this matter they humbly pray their LdshipsLordships
consideration since taking yethe degree of Master of Arts in yethe Vniversity or yethe 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
LdLordships ytthat by yethe Statute made in yethe 16th year of his MatiesMajesties most Royall father K.King
Charles 1st entituled an Act for repeal of yethe branch of a Statute 1o Eliz con
cerning ComrsCommissioners for causes Ecclesiasticall & whereby yethe sdsaid branch is repeald it is
enacted ytthat no new Court shall be erected ordaind or appointed within this Realm
wchwhich shall or may have like power jurisdiction & Authority as yethe High Com̄mmission'd Court
then had or prpretended to have but ytthat all & every such Commissions & grants & all
powers & authorities granted or pretended to be granted thereby shall be void
& of no effect as in & by yethe Statutes more fully appear.
Which being read LdLord Chr.Chancellor said Is it sign'd?
Mr.Master Bridgman Yes my LdLord yethe LdV.Vice Chancr.Chancellor & 8 more
LdLord Chr.Chancellor Read their names wchwhich was done.
LdLord Chr.Chancellor Well have you any more to say
V.Vice Chr.Chancellor No my LdLord not at this time
LdLord Chr.Chancellor Then withdraw.
All yethe Company withdrew & about an hour & half after yethe court rose
& afterwards MrMaster Bridgman desird to speak wthwith yethe V.Vice Chr.Chancellor & delegates in yethe Councell
Chamber to whom he sdsaid ytthat their LdLordships had commanded him to tell ymthem they
had put off all farther consideration of this matter till Saturday come sevennight
& then they expected their Attendance again. MrMaster V.Vice Chr.Chancellor askt him if Councell
could be expected then to plead upon their Answer, He replied their LdshipsLordships had
given him no Commission to say any thing to ytthat & so they all withdrew.
Saturday May 7th
This day it was publickly discoursd throughout yethe Town ytthat yethe LdsLords had received
a new Commission & immediately Lawyers were consulted whether it were proper
to urge ytthat at his appearance wtwhat could be gathered thereupon was to this effect
That ytthat were a good plea if it could be well prov'd for ytthat yethe receiving a new
Commission in yethe midst of a Process especially if there be any allerationalteration in it as
to yethe extent of their Power would at least be a good prpretence to begin yethe whole
cause again & gain time. But ytthat it was by no menas safe to alledge yethe things
for a flying report is no evidence & if ytthat report were fals it might be a
great prejudice to them & their cause.
Councill Chamber
| LdLord Chancr.Chancellor | LdLord BꝑBishop of Durham |
ComersCommissioners present | LdLord President Sunderland | LdLord BꝑBishop of Rochester |
| E.Earl Mulgrave | LdLord Ch:Chief Iustice Herbert. |
| EEarl of Huntington |
Ld.Lord Chr.Chancellor Mr.Master V.Vice Chr.Chancellor yethe last time you were here you gave in a Paper to my
LdsLords signed by yorour self & many others coming from yethe Vniversity – con
sists of severall parts, but there is one thing I must crave leave from
my LdsLords to discourse you upon wchwhich concerns yorour self yethe LdsLords took notice
you alledg'd an Oath & ytthat Oath it seems hindred you from obeying yethe KsKings
Commands. Pray wtwhat was ytthat oath?
Mr.Master V.Vice Chr.Chancellor My LdLord this is a new Question wchwhich you were not pleas'd to put before
& I beg leave & time to answer it.
Ld.Lord Chr.Chancellor Why Mr.Master V.Vice ChrChancellor? This requires no time. My LdsLords I tell you took notice
of an Oath wchwhich you pleaded for yorour self & now desire to know wtwhat yethe oath is
Mr.Master V.Vice Chr.Chancellor My LdLord I beg I may not Answer happily but ytthat yorour LdLordship will let me
know wtwhat questions you will ask & let me answer ymthem in writing & by
Councell.
Ld.Lord Chr.Chancellor Why did you consult Councill when you took yorour oath? I am really
concern'd for yethe Vniversity of Camb.bridge whereof I was once a member my
self ytthat yethe V.Vice Chr.Chancellor who is yethe Head & representative of so Learned a Body shou'd come before yethe Ks.Kings ComrsCommissioners & not be able to give an Account of yethe
Oath ytthat he has acted by all this while but desires time & Councell to tell him
wtwhat this oath is
LdLord Mulgrave Why cannot you tell us wtwhat youyour oath is.
Dr Cook My LdLord if yorour LdLordship; pleases I think I remember yethe words of yethe oath
LdLord Chr.Chancellor Nay good Dr How came you who never were V.Vice Cr.Chancellor & so never took
this oath to understand it better than one who is V.Vice CrChancellor & has taken it.
MrMaster V.Vice Cr.Chancellor My LdLord I cannot call to mind yethe very words but yethe substance of yethe oath
is ytthat I should well & faithfully præstare or administrare munus or
officium Procancellarij
LdLord Chr.Chancellor IAye munus or officium & wtwhat then?
V.Vice Chr.Chancellor And my LdLord this Office I take to be stated by yethe Statutes of yethe Vniver:Vniversity
& laws of yethe Land
LdLord Chr.Chancellor Well & how long has this been yethe V.Vice ChrsChancellors oath?
V.Vice ChrChancellor Indeed my LdLord I am not able to tell you exactly.
LdLord Ch:Chancellor How long do you think I will not tye you up to a time V.Vice ChrChancellor.
V.Vice Ch:Chancellor My LdLord ever since I knew wtwhat belongd to it ever since I was head of
a Coll:College
LdLord Ch:Chancellor How long have you been head of a Coll:College
V.Vice Ch:Chancellor Six or 7 yeares my LdLord
LdLord Ch:Chancellor Have not other V.Vice ChrsChancellors admitted to degree wthwithout oaths who had
taken yethe same obligatory oath ytthat you had done
V.Vice Ch:Chancellor Indeed my LdLord I cannot remember every thing particularly ytthat has
bebeen done
LdLord Ch:Chancellor Well, because we will keep close to yethe question, do not you remember
any MrMaster of Arts made without Oaths
Dr. Cook My LdLord not under yethe Quality of University noblemaen
LdLord Ch:Chancellor Nay good Dr you was never V.Vice Ch:Chancellor yet when you are we may consider
you
V.Vice Ch:Chancellor My LdLord yethe Answer to yorour Question will depend upon our university books
& records if you will give us time to consult ymthem we will give your LdshipsLordships
an account
LdLord Ch:Chancellor No look you MrMaster V.Vice Ch:Chancellor you have given an Answer in writing already
& because there is something in it my LdsLords 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.Vice ChChancellor My LdLord I cannot say ytthat I remember any
LdLord Ch:Chancellor Did you never hear of one Dr Lightfoot
V.Vice Ch:Chancellor I think I have heard of such a one my LdLord
Dr Cook My LdLord I beg leave to speak a few words
LdLord Ch:Chancellor Well wtwhat ist you have to say
Dr Cook My LdLord Dr Lightfoot did subscribe
LdLord Ch:Chancellor What subscription do you mean
Dr. Cook To yethe 3 Articles yethe 1st of wchwhich is yethe KsKings supremacy
LdLord Ch:Chancellor Subscribing is no swearing Dr. But MrMaster V.Vice ChChancellor how many have you ad
mitted by Mandate
V.Vice Ch:Chancellor Never but one my LdLord since I came to yethe office & he took yethe Oath
LdLord Ch:Chancellor Do you never admitt any without Oaths who have not such particular Letters
patents from yethe King.
MrMaster Stanhope Never my LdLord & as for Dr Lightfoot they were aware before of this part
ticular persons being objected & therefore had provided a full Answer for
MrMaster Stanhope undertook it because yethe Book & university Papers had been
committed to his inspection & care. In answer had he been permitted to
speak he had this to offer ytthat yethe Register of Subscribers was then in Court
in his hands redy to be product where Lightfoot subscribd wthwith his own hands yethe 3 Articles yethe 1st whereof is yethe Kings supremacy & ytthat he cou'd
refuse upon a Principle because yethe same must in all reason have hindred
his subscription & as a farther proofe ytthat he did swear they were ready to
offer this ytthat 2 other GentGentlemen Roman Catholick Servants to yethe Q.Queen Dowager did by
virtue of yethe same LrsLetters from yethe K.King at yethe time of his com̄mming to Cambbridge desire
their MrMaster of Arts degree their names were Pereira & Stephens. These
Gent.Gentlemen were proposd & granted but upon refusall to swear not admitted. Of
this they cou'd have product, 1st a Testimony upon Oath from a Gent:Gentleman then
in Court & besides ytthat yethe Vniversity papers & Graces wchwhich show these GentnsGentlemens
Names among yethe persons past in yethe House but wanting in yethe list of subscribers
& Commencers. After wchwhich they wou'd have refer'd it to yethe Court whether
it was probable ytthat yethe Vniversity shou'd admitt one of yethe Qs.Queens Servants without
Oaths & yet refuse two more who had yethe same title but yethe Chancr.Chancellor wou'd not
hear them.
LdLord Chr.Chancellor Nay look you ytthat young Gen:Gentleman expects to be V.Vice Chr.Chancellor too, when you are
SrSir you may speak till then it will more become you to forbear. But MrMaster V.Vice
ChrChancellor. when was it pray ytthat you receivd yethe KsKings LrsLetters yethe 1st LrsLetters I mean.
V.Vice Ch:Chancellor I do not perfectly remember my LdLord I cannot call to mind yethe day of
yethe Month
LdLord Ch:Chancellor When were they dated do you know (To MrMaster Bridgman)
Mr Bridgman My LdLord (pausing)
V.Vice Ch:Chancellor My LdLord I remember 'twas upon Ashwednesday
LdLord Ch:Chancellor And when was it these LrsLetters were publisht in yethe Senate
V.Vice Ch:Chancellor My LdLord it was yethe Monday night after
LdLord Ch:Chancellor And wtwhat was yethe meaning of ytthat delay MrMaster V.Vice Chr:Chancellor yethe Ks.Kings business uses to have
quicker dispatch.
V.Vice Ch:Chancellor My LdLord it was a novell thing & I was willing to give my self & others time
to consider of it.
LdLord Ch:Chancellor It was an unusuall thing demanded by them you say & required some
time to consider of it. V.Vice Chr.Chancellor yes my LdLord.
LdLord Ch:Chancellor Well but when you had read yethe LrsLetters why was not yethe Gent.Gentleman admitted.
V.Vice Ch:Chancellor My LdLord yethe Senate Senatesent to me to desire I shou'd forbear admitting MrMaster
ffrancis till I had petitiond yethe K.King to revoke his Mandate
LdLord Ch:Chancellor Why does yethe KsKings Mandate usduse to be disputed, did you ever see a Mandate
valid in yethe Senate house whether it should be obeyed or no
V.Vice Ch:Chancellor No my LdLord usually they are not, but then yethe House sent for to me to
forbear for they had not any of this nature before
LdLord Ch:Chancellor Did you ever know any Mandate of yethe Ks.Kings refus'd by yethe university before
V.Vice Ch.Chancellor (After some pause) Yes my LdLord severall
Ld.Lord Ch.Chancellor Pray give us some instance. V.Vice Ch:Chancellor my LdLord one Tatwell
LdLord Ch:Chancellor Ay when pray how long was that agoe
V.Vice Ch:Chancellor My LdLord I cannot recollect yethe time but it was in his late MatiesMajesties reigne I
beleive about 14 or 16 years agoe
LdLord Ch:Chancellor How was that
V.Vice Ch:Chancellor My LdLord yethe Mandate was given to one Tatwell a Nonconformist & he
refus'd to subscribe & take yethe Oaths thereupon my LdLord yethe Vniversity petitiond
yethe K.King & reprpresented yethe matter to him & yethe K.King was pleased to recall his Mandate
LdLord Ch:Chancellor But MrMaster V.Vice Chr.Chancellor had not you another Mandate for another Gent:Gentleman at yethe
same time as this wchwhich you refusd?
V.Vice Ch:Chancellor Yes my LdLord 'twas to make a Gent:Gentleman Dr of Physick. LdLord Chr.ChancellorAnd he was
admitted upon it was he not? V.Vice Chr.Chancellor Yes my LdLord
LdLord Ch:Chancellor Why shou'd they interpose in yethe one & not in yethe others? My V.Vice Ch:Chancellor My LdLord
ytthat had no dispensation for yethe oaths in it.
LdLord Ch:Chancellor But however if they did not vote it nor doe any other of yethe KsKings LrsLetters how
do you know they consent?
V.Vice Ch:Chancellor My LdLord ytthat is prpresumd by their silence, & offering nothing to yethe contrary
LdLord Ch:Chancellor Ay for ytthat you know we have a Proverb MrMaster V.Vice Ch:Chancellor Silence gives con
sent. But it seems he was not admitted immediately was it not before you
cou'd tell whether they consented to both or no?
V.Vice Ch:Chancellor No my LdLord He was not admitted till after yethe House had desir'd me to
forbear in MrMaster ffrancis his case.
LdLord Ch:Chancellor But as to yethe Business of yethe Senate desiring you my LdsLords I hope you will
indulge me to speak a little of ytthat for having been formerly a member of yethe
Vniversity my Self I think I have some small remembrance of yethe manner
of proceeding there Pray MrMaster V.Vice Chr.Chancellor how was it ytthat you knew their minds
in ytthat business.
V.Vice Ch:Chancellor My LdLord yethe House sent me up their opinions
LdLord Ch:Chancellor How pray? Bby whom?
V.Vice Ch:Chancellor The non Regent house by Dr Smoult yethe 1st day & by MrMaster Billers yethe Orator
& MrMaster Newton yethe Mathematick Prof:Professor yethe 2d day.
LdLord Ch:Chancellor By whom do you say yethe 1st day.
V.Vice Ch:Chancellor My LdLord by Dr Smoult from yethe Non Regent House & MrMaster Norris from
yethe Regent House.
LdLord Ch:Chancellor Well & wtwhat said these to you?
V.Vice Ch:Chancellor My LdLord I do not know yethe very words but it was to this effect ytthat I
woud forbear admitting MrMaster ffrancis till yethe KKing were petitiond.
LdLord Ch:Chancellor Is ytthat Dr Smoult in yethe Court?
V.Vice Ch:Chancellor Yes my LdLord he is here then He shewd himself.
LdLord Ch:Chancellor Come SrSir wtwhat ist I pray ytthat you told MrMaster V.Vice Ch:Chancellor
Dr Smoult My LdLord I have forgot yethe very words but it was to yethe same purpose
yethe V.Vice Ch:Chancellor told you just now ytthat yethe House desired me to acquaint Him they
were for petitioning yethe Mandate might be recall'd.
LdLord Ch:Chancellor And pray SrSir what are you ytthat you should be thought fit to reprpresent
a whole House? Why shou'd they choose you rather then any body else?
Dr. Smoult My LdLord I suppose because I was one of yethe SenrsSeniors.
LdLord Ch.Chancellor But if you go to ytthat why was not yethe very Senr.Senior chosen?
Dr Smoult My LdLord I cannot tell they came to me.
V.Vice Ch:Chancellor My LdLord He is one of orour Professors.
LdLord Ch:Chancellor Nay when I ask you Questions they prompt you & now you prompt ymthem.
But I must tell you MrMaster V.Vice Ch:Chancellor you ought to take an Account of what is
done in yethe House yorour self & not from others.
V.Vice Ch:Chancellor My LdLord my place is above at a great distance from yethe Non Regent
House & I cou'd not see wtwhat was done there.
LdLord Ch:Chancellor Why shou'd you take yethe sence of a House from one Man?
V.Vice Ch:Chancellor My LdLord He came & told me yethe House was of ytthat opinion & I thought
I had no reason to question what he said.
LdLord Ch:Chancellor How loud did he speak when he told you this.
V.Vice Ch:Chancellor Pretty loud my LdLord. LdLord Ch:Chancellor was it so loud ytthat all yethe House might heare
V.Vice Ch:Chancellor No my LdLord LdLord Ch:Chancellor Did you send afterward to enquire whether he
had told you their opinion faithfully or no: V.Vice Ch:Chancellor No my LdLord I confess
I did not LdLord Ch:Chancellor But how came this new way of giving opinions are
not yethe Proctors usually yethe Men ytthat bring yethe sence of yethe House to yethe
V.Vice Chr.Chancellor
V.Vice Ch:Chancellor Not of yethe Non Regent House my LdLord they are not admitted into
ytthat House my LdLord nor have any thing at all to doe there.
LdLord Ch:Chancellor Well have you any thing else to offer to my LdsLords.
V.Vice Ch:Chancellor No my LdLord
Dr Cook My LdLord if our Answer ytthat we gave in yethe last be not satisfactory we
desire to have time allowd us to make a farther defence & do it with
Councell.
LdLord Ch:Chancellor Have you anything to say besides V.Vice Ch:Chancellor no my LdLord.
Nor you Gent:Gentlemen – Then withdraw
After yethe V.Vice Ch:Chancellor & 3 or 4 of yethe Delegates were gone of & yethe crowd was retird
MrMaster Billers being a person engag'd in carrying up yethe sence of yethe House wou'd
have informd yethe Court who seemd under a mistake more particularly of yethe
Senates proceedings & how it comes to pass ytthat yethe usuall way of suffrage
was impracticable at ytthat time.
MrMaster Billers My LdLord I beg leave to speak one word
LdLord Ch:Chancellor Who are you SrSir?
MrMaster Billers My LdLord it is one of yethe Gentl:Gentlemen ytthat sign'd yethe paper & one whom yethe V.Vice Ch:Chancellor told
yorour LdshipLordship carried up yethe sence of yethe House yethe 2d day.
LdLord Ch:Chancellor Nay hold MrMaster Billers give me leave to compare your memory wthwith MrMaster
V.Vice Chrs.Chancellors a little. MrMaster V.Vice Ch:Chancellor tells me ytthat Dr Smoult & MrMaster Billers went up
both of a day, then comes MrMaster Billers & saysays Dr Smoult & he went up
two severall days
Mr.Master Billers My LdLord Dr Smoult & I did not goe up from yethe House both of a day.
LdLord Ch:Chancellor The V.Vice Ch:Chancellor said you did & ytthat Dr Smoult went up from yethe Non Regent
house & you from yethe Regent house.
MrMaster Billers My LdLord I could not possibly go up from yethe Regents I do not belong
to ytthat house my LdLord
LdLord Ch:Chancellor Indeed he said so SrSir. Indeed he did my LdsLords did not he (to Mr.Master Bridg
man) MrMaster Bridgman Yes my LdLord
(Mr Stanhop behind yethe BpBishop of Rochester) My LdLord under yorour favour my LdLord Ch.Chancellor was
mistaken yethe Person ytthat yethe V.Vice Ch:Chancellor told you went up from yethe Regent house the
same day wthwith MrMaster Smoult was Mr.Master Norris.
BpBishop of Roch:Rochester My LdLord I think yorour LdshipLordship forgets it was MrMaster Norris ytthat
yethe House Regent House with Dr Smoult.
LdLord Ch:Chancellor Well SrSir what ist you would say.
Mr.Master Billers I was just acquainting yorour LdshipLordship wtwhat was done & ytthat there was no other
way – The thing MrMaster Billers intended to urge was ytthat yethe usuall way
of suffrage cou'd not be practis'd at ytthat time & so this other way was taken.
E.Earl of Sunderl:Sunderland We heard ytthat before LdLord Ch:Chancellor we took notice both wtwhat was done &
wtwhat was not done & therefore withdraw.
Then all yethe Company retird & after above an hour & an half
attendance they were calld in again & yethe LdLord Ch:Chancellor pronounced yethe sentence
upon MrMaster V.Vice Ch:Chancellor in yethe following manner:
MrMaster V.Vice Ch:Chancellor My LdsLords have commanded me to tell you, ytthat they have taken
some time to consider yethe Answer & are at last come to a resolution upon it.
My business is to tell you wtwhat ytthat resolution is. My LdLordLords consider you have been
guilty of an act of great disobedience to yethe KsKings commands & other crimes
& contempts & such as you appear before us you have very little to say in
yethe excuse thereof Therefore as a mark of his Mats.Majestys & their LdshipsLordships displea
sure they have thought fit to appoint ytthat you be from henceforth deprivd of
yethe office of V.Vice Chr.Chancellor of Cambbridge. They likewise order ytthat you do not prpresume
at any time hereafter to meddle wthwith any of yethe publick business of yethe VniverVniversity.
Likewise Mr.Master V.Vice Ch:Chancellor their LdshipsLordships consider ytthat you have a headship of a CollCollege
& because yethe example of so ill a Man may be of pernicious consequence
to all under ytthat governmtment they have likewise thought fit ytthat you be deprivd
of ytthat Headship both as to yethe Office & benefitt of it during his MatiesMajesties plea
sure. But because they have a Tenderness for yethe Coll.College for wchwhich you all
along have shewn but little regard my LdsLords have been pleasd to appoint
ytthat yethe revenues of yethe Headship shall go to yethe benefit of yethe Society. This
is their LdshipsLordships pleasure & to this they require yorour odbedience. There
are likewise some other Gent:Gentlemen ytthat have sign'd a paper here but my LdsLords
expect their attendance when they sitt next wchwhich will be upon Thursday
& then we shall take ymthem into consideration.
On Munday Dr Peachell wrote to MrMaster Bridgman by an EsqrEsquire Beadle who
attended him to desire a copy of yethe sentence but answer was return'd ytthat yethe sentence
as yet was not committed to writing but verball only & so cou'd not have a copy
but he repeated yethe Heads only wthwith this Alteration ytthat he was suspended from
his Mastership & not deprivd wchwhich was an Error in yethe Chrs.Chancellors delivering it.
The beginning of yethe next week was employd in making Enquiries after the
new Commission yethe Hanaper. Six Clerks, Rolls & riding Clerks office know nothing
of it nor any Court they could be directed too. MrMaster Bridgman owned there was
such a thing but did not instruct ymthem how to come to a sight of it. Those ytthat spoke
best of yethe ComrsCommissioners proceedings urg'd yethe removall of yethe LdLord Chief Iustice Herbert
from yethe KsKings bench to yethe Common Pleas as a thing ytthat made a new Commission necessary
LdLord Pres.President Sunderland | LdLord BpBishop of Rochester |
| E.Earl of Mullgrave | LdLord .Chief Iustice Herbert |
| E.Earl of Huntington |
The Delegates appeard without Dr Peachell.
LdLord Chancr.Chancellor Gentlemen yethe last time you appeard here before us my LdsLords thought fit to sett
a mark of their just displeasure upon yethe V.Vice Chr.Chancellor Gentlemen you cannot but be sensible
& so must all yethe world how pernicious & obstinate yethe Vniversity have shewn themselves
in refusing complyance wthwith yethe KsKings 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 yethe yeare 1667 when yethe late KgsKings LrsLetters were
so far from being disputed ytthat they past for a law among you & do to this day
continue recorded among yethe solemn Acts & publick statutes of yethe Vniversity.
Gentlemen my LdsLords consider a difference to be made betwixt yethe V.Vice Chrs.Chancellors case & yrsyours
& therefore did not conclude you who represent yethe Senate wthwith him, but have
requird yryour attendance at this time. They impute yethe miscarriage of ytthat Body
Cheifly to a disease in yethe Head tho neither are you without fault for find
ing yryour selvs so much as uneasie under yethe KgsKings Commands. GentGentlemen I must tell
you ytthat their LdshipsLordships understood very well yethe sly insinuation in yethe Paper & have
commanded me to tell you they know very well by wtwhat Authority they sit
& from whom they derive, they know very well upon wtwhat grounds they goe,
tho they do not think fit to descend to particulars, they know too very
well how far ytthat Authority extends not only to you of yethe Vniversity but to all
Societies of this Kingdom. GentGentlemen yethe best way will be by ready obedience
to his MatiesMajesties Commands for yethe future & by giving a good example to others
to make some amends for yethe ill example has been given you. Therefore
I shall say to you wtwhat yethe Scripture says & yethe rather because I see most of
you are divines Goe yorour way & sin no more least a worse thing befall you
As they were drawing off he called ymthem & said
LdLord Ch:Chancellor Hold GentGentlemen I have something further to say to you, my LdsLords require
a testimony of yethe obedience ytthat you who represent yethe Senate shou'd take
care they have yethe Vniversity Statutes brought to lay before yethe
No no send ymthem by a proper Officer you are only to carry a message from us to
Senate & tell ymthem wtwhat we expect.
Dr Eachard In wtwhat time dos yorour LdshipLordship expect them
LdLord Ch:Chancellor In a convenient time we will not tie you up but if you be tardy my LdsLords
will take care to quicken you by an intimacontion I mean only a Copy & not yethe
originall Statutes You are now dischargd from any farther attendance here
The Delegates upon yethe V.Vice ChrsChancellors deprivation being no longer capable of acting
as publick persons nor consequently of deriving any inconvenience upon yethe Body
they had represented thought they might venture their own persons a little
more boldly, therefore to satisfy yethe world they were mighty desirous to bring
about a second hearing of some points wchwhich before yethe V.Vice Chrs:Chancellors sentence they were
not sufferd to speak to & wchwhich yethe V.Vice ChrChancellor when askt had no opportunity of ans
wering so very particularly too as they cou'd have wisht confining themsevs
all yethe while to such questions as did not concern yethe V.Vice Chr.Chancellor solely & personally
but affected yethe whole Senate joyntly wthwith him, wchwhich order they had likewise
observ'd in interposing at yethe Tryall. This answer they had ready to offer in
writing if ytthat wou'd be admitted, but if not resolvd to argue it by word of
mouth, yethe substance of it may be reduct to two heads
1st The business of admitting others & particularly Dr Lightfoot wthwithout
oath they said
As to Lightfoots case wtwhat they entended to have urged in Court you have
seen already – As to others
1st That Peers are by yethe very Act of Parl:Parliament 5o Eliz: exempted from yethe oaths
2ly That all such as yethe Vniversity calls Noblemen have time out of mind enjoyd
yethe Priviledge of Peers among them.
3ly That under ytthat Quality they never admitt any without oaths
4ly That if at any time at entertaining a Prince or any such solemnity
any one has slipt out in a crowd wchwhich they are not conscious of This is to be
imputed to hurry & inadvertency & cannot be parallel to this case where yethe
Senate acted with leasure & deliberation.
5 That even those Degrees given to Noblemen & Strangers are honorary & compli
mentall & so different from what yethe Statutes call degrees of learning wchwhich one may use,
exercise & make a gain & Profession of.
6 That supposing never so many to have been admitted without oaths, this they ac
knowledge to be irregular & yethe Breach of a law in one can be no Precedent for
another to follow
7. That howervehowever they are very fully & particularly assur'd ytthat no man was ever
admitted ytthat positively refusd yethe Oaths wchwhich this MrMaster ffrancis did.
To wchwhich was annexed
1 That every man who is a member of ytthat or any other Senate hath as such a
right to propose advize & debate & protest agstagainst any irregular proceedings in't.
2 That in a matter contrary to yethe Laws & so highly concerning yethe Vniversity
& Religion as yethe opening such a gap for men of any persuasion to become
members of their Body & Senate (wchwhich every Resident or r of Arts is)
It had been yethe greatest Infidelity & negligence to have sat still.
3 That their suffrage being not askt yethe common way ought not to have been
a barr because every member in his Matriculation oath obliges himselvshimself to be
assisting to yethe Chr.Chancellor & V.Vice Chr:Chancellor of yethe Vniversity according to his power & capacity
& this to doe ex suffragio & consilio, rogatus & notnon rogatus
4 The representing yethe 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 yethe V.Vice Chr.Chancellor in behalfe of his whole Coll:College or otherwise.
5 That yethe late King had commanded by his Royall LrsLetters ytthat all addresses to yethe V.Vice
ChrChancellor should be made in yethe most quiet decent & respectfull manner ytthat could be
& this was thought more conformable to ytthat command ynthan yethe hurry of every
man applying himself personally.
6. That to give yethe better reputation to yethe thing & make it unexceptionable yethe
Persons sent from yethe Senate to yethe V.Vice Chr.Chancellor were all men either of publick Cha
recter in yethe Body or yethe Seniors of their Houses or some way eminently known
in yethe 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 KgsKings LrsLetters mentiond by my LdLord Chr.Chancellor Anno 1667 concern yethe regulating
some of yethe Publick exercizes in yethe Vniversity yethe meaning whereof is this.
The K.King is their Visitor & whenever there is any thing belonging to the
locall Statutes & Customes wchwhich they think ought to be alterd or any ill
use shoud be rectified & redrest their way is to beg yethe KgsKings Royall injunction
in yethe case wchwhich they keep upon Record & obey as a Statute. How good an
argumtment this is agtagainst ymthem for not obeying a private Mandate contrary to
4 known Laws of this land it is easily discern'd.
Saturday May 14 MrMaster Atterbury came to Cambbridge wthwith two orders
under yethe Common Seale one to yethe Proctors to proceed to yethe Choise of a
new V.Vice Chr.Chancellor & yethe other to Magdalen Coll.College Fellow to each of wchwhich was an
nexed a Copy of yethe sentence to be fixt on yethe School doors & Magd.Magdalen Coll:College
gates, & on Thursday May 17th Dr Bolderston MrMaster of Emanuell Coll:College
succeeded in yethe office of V.Vice ChChancellor.
Animadversion upon
Wednesday Apr. 27
This day yethe Plea was given in & yethe only thing needfull to be re
markt, is yethe unusuall way of demurring to yethe Courts Iurisdiction wchwhich
is commonly yethe only or yethe 1st Plea in such cases. But yethe Delegates lookt
upon themselvs as obligd not only to defend their cause but to satisfy yethe
world, therefore they were desirous all People shoud know wtwhat reasons
they had for acting as they have done, & to this purpose they first
insisted upon them wchwhich they did not at all doubt wou'd be particularly
heard. Whereas if yethe Courts Iurisdiction had come first ytthat wou'd in all
probability have occasiond yethe whole Plea to be stifled & overruled.
A Copy of Dr Peachells Sentence as it was fixt upon yethe Public Schools & Magdalen Colledge Gates.
By his MatiesMajesties ComrsCommissioners for Ecclesiasticall causes & for yethe Visitation
of yethe Vniversities & all & every Cathedrall & Collegiate Churches and
Colledges Grammar School Hospitalls & other yethe like Incorporation
or Societies
Whereas Iohn Peachell Dr of Divinity V.Vice ChrChancellor of yethe Vniversity of Cambbridge
& MrMaster of St Mary Magd.Magdalen CollCollege in yethe said Vniversity had been conven'd
before us for his disobedience of his MatiesMajesties Royall LrsLetters mandatory and
other his contempts & yethe said Dr Iohn Peachell having been fully
heard thereupon we have thought ytthat yethe sdsaid Dr Iohn Peachell shall for
yethe sdsaid disobedience & contempts be deprivd from being V.Vice Chr.Chancellor of yethe sdsaid
Vniversity & from all powers of acting in yethe same, & also ytthat he shall
be suspended ab officio & Beneficio of his MrMastership of yethe sdsaid CollCollege during
his MatiesMajesties pleasure & accordingly we do by these prpresents deprive him
the sdsaid Dr Iohn Peachell from being V.Vice Ch;Chancellor in yethe Vniversity & from all
power of acting in yethe same & also suspend him ab Officio & Beneficio
of his Mastership of yethe CollCollege Peremptorily admonishing & requiring him
hereby to abstain from yethe function & execution of yethe office of V.Vice Chr.Chancellor & from
acting in yethe Vniversity & also from his function as MrMaster of yethe sdsaid Coll:College during
yethe sdsaid suspension under pain of deprivation from his sdsaid Mastership. And
we do further order & decree ytthat yethe Profitts & Perquisitts belonging to
his sdsaid Mastership shall during yethe sdsaid suspension be applyd to yethe use and
benefit of yethe sdsaid CollCollege.
Given under our Seal yethe 7th day of May 1687.