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1687.

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all their Poffeffions, without Moleftation. And did likewife declare, That the Execution of all Penal Laws in Ecclefiaftical Matters is fufpended, and commanded that all. Perfons be permitted to meet and exercife their Religion without Disturbance, fo that nothing feditious be preached among them, and that the Meeting be peaceably and publickly held, and that they do fignify the Place of their Meeting to the next Justice of the Peace. And further did declare, That the Oaths of Allegiance and Supremacy, and the Telts enjoyned by the Act of Parliament, fhould not here' after be required to be taken by a· ny Perfons imployed in any Office < or Place, Military or Civil. He added a Pardon and Indemnity to all Penalties incurred by Nonconformity, and an Affurance of maintaining all his Subjects in the free Enjoyment of all their Properties, as well Church and Abbey Lands, as any other Lands and Properties whatsoever.

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This Declaration was followed by Addreffes to the King, from the Diffenters of all Perfuafions all over England, filled with moft hyperbolical Expreffions of Gratitude and Loyalty, with a thousand Affurances of ftanding by him with their Lives and Fortunes.

And now many Popish Chapels were erected in and about London, alfo in all the chief Cities and Towns of the Kingdom, as at York, Briflol,, Gloucester, Cambridge, St. Edmundsbury, &c. And not only fo, but two Convents of Monks were erected in London, the one at St. John's rear Smithfield, where they purchased the Earl of Berkley's Houfe, and were at great Expence in fitting it to their Purpofe; the other was in Lincoln's Inn Fields, where they began to build a very

large Chapel; but both this and that were deftroyed at the Revolution. Befides thefe, there was a College of Jefuits planted in the Sa voy, where they erected a Schoo! for the Education of Youth, and published fair Promises of teaching Children gratis, without meddling with their Religion; these had alio a very large Chapel. The King, for his own Ufe, built a new Chapel at Whitehall, which was very finely beautified with Paintings, &c. But all their Endeavours procured them but few Profelytes, for though their Chapels were crowded, it was by fuch only who went for Curiofity to fee the Pageantry, a very fmall Room containing those who came for Devotion.

On the 16th of April, Sir Robert Wright, one of the Juftices of the King's Bench, was made Lord Chief Juftice.

On the fame Day his Grace the Duke of Buckingham departed this Life at his House in Yorkshire.

About this Time was reviv'd the ancient Order of the Knights of St. Andrew, or the Thifile, in Scotland, which was firft inftituted there by King Achaius, but had been difcontinued for fome Reigns.

July 2d, the Parliament was by Proclamation diffolved.

This Summer ended with the King's Progrefs round the NorthWelt Parts of England, where he was received in every Town with all Refpect. The King and Quera tarried fome Time at Barb, making ufe of thofe Waters. From which Time the Conception of the Prince of Wales was dated.

One Edward Petre, a Jefuit, com monly called Father Petres, who fome time ago came from Fla ders, being related to the late Lord Petre, had by his Means been in troduced at Court, where he made a Shift to gain fuch Interest, that

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the King was pleafed to make him even a Privy Counsellor, into which Place he was fworn on the 11th of November.

The King in his Declaration for Liberty of Confcience, had repeated his Promife of protecting and maintaining the Church of England in the free Exercife of their Religion, and in the quiet Enjoyment of all their Poffeffions; which how well he perform'd, may be judged by the Proceedings against the Bifhop of London already related; and by the Profecutions of the Vice Chancellor of the University of Cambridge, and the Fellows of St. Mary Magdalene College in Oxford, which I am now going to relate. And first that of Cambridge, which was thus ;

One Alban Francis, a Benedictine Monk, obtained the King's Letter to the University of Cambridge, commanding them to admit him to the Degree of Master of Arts, without taking the ufual Oaths. This Letter he pofted with to Cambridge, where arriving the 9th of February laft, he immediately fhew'd it to the Vice Chancellor, and demanded Obedience to it, which the Vice Chancellor defired Time to confider of, and to confult the Senate of that Univerfity, whom he accordingly aflembled on the 21ft. And the Letter being read to them, it was refolv'd, That the Vice Chancellor be advised to forbear admitting the faid Francis till they had petitioned the King to revoke his Mandate; and in order to it, the Vice Chancellor wrote a Letter to the Duke of Albemarle, their Chancellor, to intercede with the King for the fame, which the Duke accordingly did, but without Effect; wherefore he advised them to petition the King themfelves, fuppofing that fuch a Body as the Univerfity might have more Prevalency with his Majefty;

upon which they fent the proper Officers to inform Mr. Francis, that the Senate were ready to admit him upon his taking the Oaths required by Law; which he refufing, and infifting upon the King's Difpenfation, they made Choice of two of their Body (to avoid tumultuous Petitioning) to wait upon the King, and with all Submiffion, to reprefent to him, That they thought the Admiffion of Mr. Francis, without the ufual Oaths, illegal, and contrary to the Oaths themselves had taken. But in the mean Time Francis was pofted to London, to poflefs his Patrons with the Stubbornefs, as they call'd it, of the University; this obliged them immediately to difpatch a Squire Beadle with a Letter to their Chancellor, and another to the Earl of Sunderland, purporting a Submiffion to the King in all legal Commands; and protefting that what they did, proceeded not from Disobedience, or Want of Refpect to his Majefty, but out of a confcientious Senfe of the Obligations they were under to the Laws and the Oaths they had taken; and that they were ready to petition the King, if his Majesty would please to admit them; to which Purpofe they entreated his Lordship to mediate for them. But the Officer was fent back without any Anfwer; on the contrary, a fecond Letter was fent down to the fame Purpofe with the former; two of their Members were thereupon fent up to London with Letters, but were received as before, and told that the King was offended at the Proceedings of the Univerfity, and would take Order very shortly to give a farther Anfwer. Not long after a Meflenger was fent down from the Ecclefiaftical Commiffioners to fummon the Vice Chancellor and the Senate by Deputies to appear, to answer what should

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1587. be objected against them; accordingly the Vice Chancellor, Dr. Peachell, and eight Members of the Senate, appeared in the Council-Chamber at White ball, where were prefent fix of the Commiffioners for Ecclefiaftical Affairs; who demanded of the Vice Chancellor, why he did not obey the King's Commands, and admit Mr. Francis; to which, after a Week's Time granted to him to prepare it, the Vice-Chancellor put in his Antwer in Wri ting, containing a Recital of feveral Statutes, which commanded several Oaths to be taken by all Perfons promoted to any Degree in the Universities, and infilling, that himfelf, and every Member of the Senate and Univerfity had taken the faid Oaths; that they had tendered the faid Oaths to Alban Francis, but he refufed to take them; that the admitting him without the faid Oaths was a Breach of their Truft, and Violation of their O ths; and therefore they could not admit him; to which they added, That this being no Ecclefiaftical Marter, they defired their Lordships to confider if this Cafe were under their Cognizance; and lastly, That by the Statute of 16 Car. 1. it was ordained, That no Court, like the High-Commiffion Court, fhould be thereafter erected, but that all Commiffions for fuch be void.

This Anfwer being read, the farther Confideration of it was adjourned for ten Days, and they were commanded to attend again on the 7th of May, which they did accordingly, and fome Queflions being put, concerning Perions being for merly admitted without the Oaths, and concerning any former Refufal of the King's Mandate, to which the Vice-Chancellor gave direct Anfwer; That none had been fo admitted, and that the King's Letters had been refuted. Notwithstanding

which the Commiffioners were plea fed to fentence the Vice Chancellor to be deprived of his Office, and not only fo, but be fufpendel, ab Officio & Beneficio, of his Headship of Magdalene College.

The next was the Profecution of the Fellows of St. Mary Magdalen College in Oxford, upon a Quarrel of the fame Nature.

Dr. Clark, Prefident of that College, happening to die, the King's Mandate was procured by fome illaffected Perfons, for one Farmer to fucceed him; a Perfon not only uncapable by the Statutes of the College, but also a very diffolate ill Liver; which Mandate being received, the Fellows immediately fent a Petition to the King, reprefenting that the faid Mr. Farmer was altogether incapable by their Statutes to be Prefident; they therefore befought his Majefly to let them proceed to Election, or recom mend one to them capable by their Statutes of the Office. To this they received a fhort Answer from the Lord Prefident, That the King expected to be obeyed. The Fellows again petitioned the King, and wrote to the Duke of Ormond, Chanceller of the Univerity, and to their Vilitor the Bishop of Winchester, deplor ing their Misfortune in being reduced to the Neceffity of either dif obeying the King, or violating their Oaths. At length the Time being come, when by the Statutes they were bound to make Election, and receiving nothing farther from Court, they proceeded according to the Statutes, and on the 15th a April chofe Dr. Hough, one of the Fellows, for Prefident, who being prefented to the Vifitor, was p proved, fworn and inftalled in the Form of Law.

The News of which being arrived at Court, the Fellows were com manded to fend the King an Account

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of what they had done, which they did, and fet forth the Incapacity of the Perfon recommended: Upon which they were cited to appear before the Lords Commiffioners for Ecclefiaftical Caufes, where Dr. Aldworth the Vice-Prefident and five more as Delegates for the reft, appeared accordingly; and being demanded why they refused to obey the King's Mandate, they put in their Aniwer in Writing, which contained to this effect:

That Magdalene College was a Body Corporate, and govern'd by Statutes granted by King Henry 'VI. and confirm'd by feveral Kings; that by the Statutes the Prefident must be a Man of good 'Life and Understanding, and otherwife qualified to be fit for 'fuch a Charge. That none but Fellows of that College, or of New College, could be admitted to that Office, which they were bound by Oath to obferve. And all the Fellows had been fworn at their Admittance to obferve all the Statutes of the College, and not to make Ufe of, or confent to any Difpenfations. And becaufe Mr. Farmer was a Perfon no ways qualify d as the Statutes required, they could not, without manifeft Violation of their Oath, comply with his Majefty's Letter, and had 'therefore chofen Dr. Hough, one every way qualified as the Statutes directed.' Which Answer the Commiffioners took time to confider of, and they were ordered to attend again, on the 2d of June. At which time the Fellows deliver'd in their Reafons for not Electing Mr. Farmer, as being a Perfon of ill Life, viz. That he had mifbehaved himself at Trinity College in Cambridge, where he had received Admonition in order to Expulfion; That he had taught School without a License; that he was of fo trou

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blefome and turbulent a Nature, 1687. that he was defired to leave Magdalene Hall, where he had been admitted; that at the very time the King's Letter came down, he was at Abingdon in very ill Company, drinking to Excefs; and that in a Frolick, he, with other diffolute Perfons, had pull'd up the Stocks in the Town, and threw them in the River; with many other lewd Actions, fuch as attemping to debauch divers Women, Drunkennefs, Profaneness, and what not: All which they proved by Certificates, Letters, and Witneffes of undoubted Credit. Thefe Objections against Farmer prevailed to lay him afide; but Dr. Hough the Prefident, and Dr. Fairfax, one of the Delegates, were however fufpended upon pretence of the undue Election, and Contempt of the King's Letter.

The King then granted a new Mandate to Dr. Parker, Bishop of Oxford, commanding the Fellows to admit him for their Prefident, but they ftill perfifted in their Refolution of obferving the Statutes of their College, according to which they had already elected; fo that nothing was done in it, which made the King, when he came through Oxford, in his Progrefs this Summer, fend for them to come to him, where himfelf was pleafed to tell them, they were undutiful, and had affronted him, and commanded them to admit the Bishop of Oxon their Head; the Fellows, upon their Knees, offered a Petition, which the King rejected, and again commanded them to elect the Bishop, telling them they must expect to feel the Weight of his Hand. Upon which they returned to their College, where Dr. Pudfey, the Senior Fellow, propofed to the rest of the Fellows whether they would elect the Bishop; to which they answered, That they were ready to obey his

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1687. Majefty in any Thing that lay in their Power, but the electing the Bishop of Oxon being directly contrary to the Statutes and the Oaths they had taken, they apprehended it not in their Power to obey him in this Affair. In this State the Matter continued till October 19, when the King fent down the Bishop of Chefter, the Ld. Chief Juftice Wright, and Baron Jennor, with a Commiffion of Vifitation, who fummoned the Fellows to attend them in the Chapel of the College, on the 22d of October, where they appearing were demanded if they fubmitted to the Vifitation; to which they anfwered they did, fo far as it was confiftent with Law, but withal obferv'd, that their Commiffion impowered them to change and alter the Statutes, which they told their Lordfhips they were bound by their Oaths not to admit of. Afterwards fome Expoftulations were made concerning Perfons formerly admitted by Mandate, whom the Fellows proved to have been all Statutable Men. After which the Fellows were all asked if they would choofe the Bp. of Oxon Prefident, which they refufed, as being not in their Power, having already elected Dr. Hough, who was duly elected, fworn, and inftalled, as the Statutes directed, and therefore it was not in their Power to put him out again. It was, among other Things, urged by the Commiffioners, That they ought not to have made an Election till the King had been fatisfied that Farmer was an unqualified Perfon; to which the Fellows proved in Answer, that they tarried to the very laft Day that the Statutes permitted, before they made the Election; in fine, the Feilows perfifting in their Refolution, the Commiffioners proceeded first to inftall the Bishop of Oxon as Prefident, and upon their Refufal to acknowledge him as fuch, to deprive

and expel 26 of them, befides Dr. Hough and Dr. Aldworth (already fufpended) accordingly their Names were ftruck out of the College Books, and the Sentence of Expulfion, dated the 16th of November, was fixed on the College Gates; and not only fo, but they were, by the Ecclefiaftical Commiffioners at London, declared incapable of any Ecclefiaftical Promotion or Benefice; and those of them that were not in Holy Orders, they adjudged incapable of receiving them; and all Archbifhops, Bishops, &c. were required to take Notice of this Sentence, and pay Obedience to it.

On the 23d of December, a Proclamation was iffued, appointing a Day of folemn Thanksgiving for the Queen's Conception. And the fame was ordered likewife in Scatland, on the 17th of January.

About this time, Commiffioners were appointed by the King, and fent into the feveral Counties of England, to enquire what Money or Goods had been levied upon Roman Catholicks and Diffenters upon the Profecutions for Recufancy, and not paid into the Exchequer.

On the 11th of March, a Council of Officers, or Court Martial, was appointed to meet every Friday, for redreffing Grievances, and correcting the Diforders of the Soldiers, to whom all Complaints against the Soldiery were ordered to be made.

On the 14th of March, a Proclamation came out, to command all the King's Subjects that were in Arms in the Service of the States of Holland, to return to England. Which Proclamation gave occafion to fome Difputes betwixt the Marquifs of Abbeville, the Kirg's Envoy at the Hague, and the States General.

There were fix Regiments of Foot three of English and three of Sa Soldiers, which by the laft Treaty

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