Documents relating to Newton's preparation for appearance before Judge Jeffreys Isaac Newton c. 2,018 words Newton Project Brighton 2008 Newton Project, Sussex University

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 Before 21 April 1687, in English apart from some Latin in the first document, c. 2,038 words, 5 pp.

Described in the Sotheby catalogue as c. 1,100 words, a worse underestimate than usual.

Incomplete; partly in another hand.

See Westfall, Never at Rest, 478-9.

Consists of four different texts, as follows:

1) Extracts from relevant legislation, in Latin and English, c. 400 words, 2 pp. This section is not in Newton's hand.

2) 'The case of ye Bps Courts', also concerning legal precedents, c. 300 words, 1 p.

3) A document beginning 'His Maties promise is no argumt for abrogating ye laws', c. 500 words, 1 p., plus a jotted list of names. This is an important composition by Newton relating to his strategy for preventing the admission of father Alban Francis to the degree of M.A. at Sidney Sussex College in 1687.

4) 'Rules': an incomplete draft list of proposed legislation concerning 'liberty' and 'Government' of conscience (in fact largely concerned with suppressing Roman Catholicism), c. 200 words, 1 p.

 5 pp.

in English apart from some Latin in the first document

 Keynes Ms. 118, King's College, Cambridge, UK UKCambridgeKing's College Keynes Mss Keynes Ms. 118 SL184

Bought at the Sotheby sale by 'Ulysses' (Jacob Schwartz?) for £9 and offered to Keynes by Bertram Rota on 5 March 1938 for £7.10s. On 9 April 1938 Keynes offered Rota £20 for lots 184 and 252 (now Keynes Ms. 8), which Rota accepted on behalf of his (unspecified) client on 12 April.

20

Incomplete: breaks off in mid-sentence.

 Before 21 April 1687 England English Latin Holograph Unknown Hand 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 Coding errors corrected by John Young
Petri Greg. Tholosani Syntagma Iuris universiPrincipis mandata contemnentes quomodo puniantur

Lib 33. cap. 18. n. 3. de pœnis quasi sacrilegij

Qui Mandata Principūum non obsequuntur crimen admittunt sacrilegij c. 12. 8: 1 Quemobrem pœna adjicitur, quæ distinguenda, nam negligantur mandata Pricipis, an veroò contemnantur. Multum enim interest inter hæc. Quod si negligantur an illa mandata magni ponderis sint, et jacturāam Reipublicæ inferant, an non: Nam illis non solum jactura bonorūum, sed et ultimum suppliciūum meminet. d. 49. 16. 6. 2. de re militari: sed illis levior pœna et arbitrarius. Quod si contemnat quis jussa principūum superbè, mend in Legem Iuliam Majectatis, et pœna experitur ultimi supplicij. Et si Ecclesiasticūum superiorem contemnit, Anathemate feritur. Cæterum si quis non contemnat, sed rationem habeat, cur implere noluerit, potest suspendere executionem et monere Principem ab expectare secundam Iussionem impuneqꝫque hoc facit; quia pleraqꝫque propter importunitatem petentium, vel inconsideratè, propter negoitiorūum multitudinem quibus occupatur Princeps, impetrantur a principe quæ admitti a Iudicibus non debent. Decret. Greg. Lib. 5. Tit. 34. cap. 12. Cæterūum de purgatione Canonicâ. cod. 10: 12. 1. de pet. bon. sublatis.

Decret. Greg. Lib. 1. Tit. 3.

cap. 5. de Rescriptis.

Is ad quem Rescriptūum Papæ dirigitur, debet illi parere, vel causam rationabilem assignare, quare parere non potest.

Alexander III Ravannati Archiepiscopo.

Si quando aliqua tuæ fraternitatis dirigimus, quæ animūum tuūum exasperare videntur, turbari non debes. Qualitatem negotij pro quo tibi scribitur diligenter considerans, aut mandatūum nostrūum reverent adimpleas, aut per literas tuas, quare adimplere non possis, rationabilem causāam prætendas: quia patienter sustinebimus si non feceris, quod prave nobis fuerit insinuatione suggestūum.

C. cum teneamus apud Greg. 6. de præbendis et dignitatibus.

Si mandatūum nostrūum pro alicujus provisione receperis, qui aliud beneficiūum, de quo habeat commodè sustentari: nisi forte in literis ipsis de hoc mentio habeatur: aut si non potest ei sine scandalo provideri, æquanimiter sustinemus, si pro ea mandatūum nostrum non duxeris exequendum.

We find by Plutarch of yethe great Antiochus of Asia, who saith ytthat Princes are obnoxious to abuses of Ministers, & it could not at all times be prprevented; Therefore he sent LeMessengrsMessengers ytthat Letters or dispatches sent in his name ytthat were not warrantable by Law, & agreeable to Iustice, should not be contrived to be done by him, & therefore they should not give way unto it.

Queen Eliz. in 29th yeare of her Reign erects a new office in yethe Common pleas, for yethe making of Supersedeas or exigents, ytthat issue there, she grants it to Richard Cavendish her servant, sends to have him admitted, but yethe Iudges delay the doing of it for this reason, because Protonotaries, & Philizers, claimed yethe making of those writs. The Queen sends a sharp Lettr.Letter & com̄mmands them forthwith to admit him, yet yethe Iudges forbear. The Queen sends a sharper Lettr.Letter com̄mmanding them to shew their Reasons of their contempt & disobedience to yethe then LdLord Keeper, & yethe Earle of Leicester, no mean person in those days, yethe Iudges deliver their Reasons, why they had refused, & it was becuase others claimed yethe making of those writs. The Queen sends a fourth peremptory Message for their admitting wthwith this Reason, ytthat if yethe others were put out, they were rich & able men, & ytthat her Courts of Iustice were open, where they might demand their Rights.

This was not to take their Right, but to put them to their Action.

The Iudges humbly returned this Answer, ytthat yethe Queen had taken her Oath for yethe due execution of Iustice, according to yethe Law, ytthat they did not doubt, but ytthat when her MatyMajesty was informed ytthat it was agtagainst Law she would do wtwhat befit her, for their parts they had taken an Oath to God, to her, & yethe Commonwealth, & if they should do it without processe of Law before them, & only upon her Com̄mmand, & put yethe other out of profession, tho yethe Right remained to them, it were a breach of their Oaths, citing yethe Case of Thorpe ytthat it might be a sufficient warning to them: The Queen hearing of these Reasons, was satisfied, & yethe Iudges heard no more of the business.

This precedtprecedent is to be found in St Iohns Argumtment concerning Shipmoney vide de 2. Nelsons Coll 1 pt fol. 718, 719.

The case of yethe BpsBishops Courts.

By 1 Edw. 6. 2 ecclesiastical processes are to run in yethe King's name & under his seale & yethe Teste in yethe ABp'sArchbishop's & Bp'sBishop's. This Act was repealed by 1 & 2 Phil & Mar sess. 2 c 8. But this Act of repeale is now voyd being repealed by two later Acts, first by 1 Eliz 1 wthwith exception only of yethe clauses relating to premunire wchwhich reach not this case, & then by 1 Iac 25 without absolutely wthwithout exception; & being also repugnant to it self & so void: for it both fully confirms & yet diminishes yethe prerogative. So then the statute of 1 Edw. 6 iswill be in force notwithstanding that of Q.Queen Q.Queen Mary. unless it be But yet it is repealed by some other laws. ffor Soon after in a Parliament held 4 Iac it was disputed in a grand Committe of LdsLords & ComsCommons & by yethe Iudges given for yethe BpsBishops ag because yethe Act of 1 Edw. 6 was repea whether by yethe repeale of 1 & 2 Phil. & Mar. that of 1 Edw 6 was not revived, & the 12 Iudges there gave their opinion for yethe BpsBishops against ytthat Act of 1 Edw 6, because that Act was repealed by two other Acts vizt ytthat of 1 Eliz 1 wchwhich confirms yethe repeale of all those Acts made in 1 & 2 Phil & Mar sess 2. c 8 which it doth not expresly revive whereof this of 1 Edw. 6 is one, & that of 25 Hen 8 c 20 wchwhich was revived by that of 1 Eliz 1 & enacts that Arch BpsBishops & BpsBishops (so elected presented & consecrated as is there prescribed) shall be obeyed in all manner of things according to yethe name title degree & dignity that they shall be so chosen or presented unto & do & execute in every thing& things touching the same as any ArchBishop or BishpBishop of this Realm wthwithout offending yethe Prerogative Royal of yethe Crown & yethe Laws & customes of this Realm might at any time heretofore do. The sentence of yethe Iudges was in these words

Primo Iulij 1637 The Iudges certificate concerning Ecclesiasticall Iurisdiction

May it please yorour Lordships

According to your LdLordships order made in his MatiesMajesties Court of star-chamber yethe 12t of May last, we have taken consideration of yethe particulars wherein orour opinions are required by yethe said order & we have all agreed:

That processes may issue out of yethe Ecclesiastical Courts, & ytthat a Patent under yethe great seal is not necessary for yethe keeping of yethe said Ecclesiastical Courts or for yethe enabling of Citations, Suspensions, Excommunications or other Censures of yethe Church; & ytthat it is not necessary that summons, Citations or other Processes Ecclesiastical in yethe said Courts or Institutions, or Inductions to Benefices or correction of Ecclesiastical offences by censure in those Courts be in the name or wthwith yethe stile of yethe king or under the kings seal, or that their seals of office have in them the kings Arms. And ytthat yethe statute of primo Edwardi sexti c. 2 wchwhich enacted yethe contrary is not now in force.

West. Brab. Wake Trev

His MatiesMajesties promise is no argumtment why we for abrogating yethe laws because he is but for his life these for ever, that null & void by its being contrary to his religion, these firm & binding, that wthwithout a legal penalty upon those men subjects who may act contrary to it, these enforced given to all sub by appointed penalties Nor is it more loyall more honest or more prudent to take away the laws for orour religion in trusting to a bare promise to maintain it wthwithout them then it would be to pretend throw up all yethe laws for liberty & property should the king desire it & promise to maintain the people in all their rights without them. If we are for yethe first case more then wee should be for yethe last tis becaus we have less zeale for orour God & religion then for liberty & property orour civil rights. An Attorney who should deliver up his Clients bond upon a bare promise of the money would in yethe opinion of all men be fals to his trust & this is orour case The people have entrusted us wthwith orour rights & we ought not to deliver up their security upon any promise whatsoever. Nor will orour faith & trust in yethe kings integrity excuse us any more then the Attorneys confidence in yethe creditor could be an excuse for him. But (wchwhich is wors) in abrogating yethe penal laws & tests we shall absolve yethe king fom his promise of maintaining yethe Church of England according to law, & so have neither law nor rel promise left for yethe support of orour religion. And in taking away these laws we may revive severall old laws & customes & interpretations of laws against orour selves, such as are yethe 1st chap sect.section of Magna charta for preserving yethe popish church of Engl.England the three aActs agtagainst Lollards & others whom yethe Roman Church accounts hereticks repealed by yethe Act primo Elizab. the commission of yethe Sheriffs still directed to them for prosecuting those Lollards & hereticks, the writt de excommunicato capiendo. We shall also make yethe Ecclesiastical court more formidable by taking away yethe laws wchwhich restrain it.

Nor shall we be only fals to orour trust but also wanting to orour oaths. ffor whilst the oaths of Allegiance & Supremacy we have taken oblige us to defend as far as we are able the prerogative & authority of yethe Crown against all forreigne power & authority, if we shall in any respect diminish yethe security of the crown & nation against their own being enslaved to yethe authority of yethe BpBishop of Rome, we shall be no truer to these orour oaths then a Dutchman would be to his who should one day cut yethe banks sweare to do his utmost endeavour to keep out yethe sea & yethe next day cut yethe banks wthwith his own hands. I know not whether some here have unadvisedly promised any thing in these matters, I would re contrary to yethe intent of his oaths, I would remind him that his oa such promises are not binding.

To comprise in an Act for libtyliberty of Consc.Conscience what relates to yethe freedom & in another Act, wtwhat relates to yethe Government.

To settle every thing by severe penalties.

To describe yethe Church of England not by yethe name of yethe Church of England but by yethe circumstances of her doctrine in opposition to popery. ffor the same Ch.Church of E.England may by succesive reformations be in one age of one relig.religion in another of another.

To make a previous Act for securing yethe legal election of Parliamtsments least there be the same means used for getting of these Acts as has been now for getting off yethe former.

In yethe Act for liberty to confirm the repeal of all ancient laws made in favour of Popery, to int review & interpret most plainly ytthat 1st ch.chapter of M.Magna Charta & of all other ancient laws in force about religion least they be hereafter interpreted in favour of Popery by yethe Iudges.

To secure the interpretation of this law to a perpetuall commission of 12 Lawyers, 4 to be chosen by yethe King 4 by yethe House of LdsLords & 4 by yethe Commons to & to chose 3 more to succeed them & empower every five as any one of ymthem shall drop to chose a successor.

To secure