A defence of the Senate's stance in the Alban Francis affair Unknown c. 1,019 words Newton Project Brighton 2008 Newton Project, Sussex University

This text is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

 After May 1687, in English, c. 1,023 words, 3 pp. on 2 ff.

In Humphrey Newton's hand.

Another copy included in Keynes Ms. 113, pp. 5-6.

Entitled 'The Answer of ye Vice Chancellor & Senate of ye University of Cambridge to ye Question, why they did not Admitt Alban ffrancis to ye Degree of Master of Arts in ye same University according to his Mats Mandatory Letters under his Signe Manual'.

 3 pp. on 2 ff.

in English

 Keynes Ms. 115, King's College, Cambridge, UK UKCambridgeKing's College Keynes Mss Keynes Ms. 115 SL180

Bought at the Sotheby sale by Keynes for £5.

20

 After May 1687 English Latin Humphrey Newton Political MattersAlban Francis affair Catalogue information compiled by Rob Iliffe, Peter Spargo & John Young Transcribed and tagged by John Young Proofed by Robert Iliffe Updated to Newton V3.0 (TEI P5 Schema) by Michael Hawkins Catalogue exported to teiHeader by Michael Hawkins 6
The Answer of yethe Vice Chancellor & Senate of yethe Vniversity of Cambridge to yethe Question, why they did not Admitt Alban ffrancis to yethe Degree of Master of Arts in yethe same Vniversity according to his Mats.Majestys Mandatory Letters under his Signe Manual.

The said Vice Chancellor & Senate for & in behalfe of themselves & yethe sdsaid Vniversity, say ytthat by yethe Statute made 1mo Eliz: Entituled an Act to restore to yethe Crowne yethe ancient Iurisdiccontions over yethe State Ecclesiasticall & Spirituall, & abolishing fforeigne power reꝑgntrepugnant 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 such Degree shall before the ChancellrChancellor or ViceChancellor of yethe Vniversity take yethe Oath in ytthat Statute mencontioned & appointed, purporting ytthat he doth thereby testifie and declare in his Conscience ytthat his MatieMajestie is yethe onely supreame GovernorGovernour 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 Iurisdiccontions, Superiority or authority Ecclesiasticall or Spirituall within this Realme, and ytthat therefore he doth renounce & forsake all forreigne Iurisdiccontions & authorities & promise to beare ffaith & true Allegiance to the King his Heires & Successors & to his power assist & Defend all Iurisdiccontions & authorities Granted, Vnited, annexed or belonging to his MatsMajestys Imperiall Crowne of England.

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

It is likewise enacted ytthat every ꝑperson ytthat shall be admitted to any degree of Learning in any yethe Vniversityes before he shall be allowed or suffered to take upon him such Degree shall take the foremencontioned Oath before such ꝑperson or ꝑpersons as shall have authority by com̄mmon Vse, or otherwise to admitt to such Degree.

That by yethe Statute made by his Mats.Majestys Royall Grandfather King Iames yethe first in yethe third yeare of his Reigne Entituled an Act for yethe better discovering & repressing of Popish Recusants. Another Oath is preprscribed com̄mmonly called yethe Oath of Obedience by wchwhich Oath yethe ꝑperson ytthat takes it amongst other things is enjoyned to sweare ytthat his MatieMajestie is the Lawfull & rightfull King of this Realme, & of all other his Dominions & Countries. And ytthat neither yethe Pope of himselfe, nor by any other means hath power or authority to depose his MatieMajestie 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 MatieMajestie, or to give leave to bear Armes agtagainst him, & ytthat he will bear faith & true Allegieance to his MatieMajestie & him will Defend to yethe Vtmost of his power. And afterwards by yethe Statute made in yethe seventh year of yethe Reigne of his MatsMajestys sdsaid Royall Grandfather Entituled an Act for yethe Administring yethe Oath of Allegiance.

It is enacted ytthat yethe sdsaid last mencontioned Oath shall by yethe ViceChancellr.Chancellor & Principalls of houses in yethe Vniversity be publiquely taken in yethe Convocacontion before yethe Senior Masters & by every other ꝑperson ytthat should be promoted to any Degree in Schoole before yethe ViceChancellrChancellor for yethe time being in yethe Convocacontion house.

That yethe ViceChancellrChancellor & every member of yethe Senate hath taken yethe sdsaid Oathes, & yethe ViceChancellor & Senate are yethe ꝑpersons intrusted to putt yethe sdsaid Lawes in Execucontion in yethe sdsaid Vniversitie.

That yethe Vice ChancellrChancellor by his Oath of Office hath alsoe sworne duely to execute his Office according to yethe Lawes, & cannot admitt to any Degree without yethe Senate.

That yethe sdsaid Statutes were made for yethe preservation of yethe Doctrine & Religion professed by yethe Church of England, & established by yethe Lawes of this Kingdome, & of yethe Prerogative & rightfull power of his MatieMajestie.

That upon yethe receipt of his MatsMajestys sdsaid Letters Mandatory, the same were by yethe Vice ChancellrChancellor com̄mmunicated to yethe sdsaid Senate & in order to yethe admitting yethe sdsaid Alban ffrancis to yethe Degree of Mastr.Master of Arts, yethe sdsaid Oathes were offered to be adminstred to yethe sdsaid Alban ffrancis if he would take yethe same, wchwhich he refused to doe.

That yethe admitting him without takeing yethe sdsaid Oathes had been contrary to yethe sdsaid Statutes, & a breach of yethe trust in yethe Vice ChancellrChancellor & Senate reposed & a violacontion of their Oathes, & Therefore they could not admitt yethe sdsaid Alban ffrancis to yethe sdsaid Degree, And by their humble applicacontion to his sacred MatieMajestie did & now againe humbly desire yorour LordppsLordships to represent this their Case to his MatieMatie ytthat they may not lye vnder his MatsMajestys displeasure vpon any Misapprehensions thereof.

Butt whither yorour LordppsLordships will as a Court take Conusance of this Matter, they humbly pray yorour LordppsLordships consideracontion since ytthat yethe taking of yethe Degree of Master of Arts in yethe 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 yorour LordppsLordships ytthat by yethe Statute made in yethe sixteenth yeare of yethe Reigne of his MatsMajestys most Royall ffather King Charles yethe first Entituled an Act for repeale of yethe branch of a Statute primo Eliz: concerning ComrsCommissioners for causes Ecclesiasticall, & whereby yethe sdsaid branch is repealed, It is enacted ytthat no new Court shall be erected, ordained, or appointed within this Realme wchwhich shall or may have like power, Iurisdiccontion or Authorityes as yethe High Comission Court then had or prpretended to have, but ytthat all & every such Comissions & Grants, & all powers & Authorities Granted or prpretended to be Granted thereby shall be void & of none effect as in & by yethe Statutes more fully appeare.