An Impartial RELATION Of the whole Proceedings AGAINST St. Mary Magdalen COLLEGE In OXON, In the Year of our LORD 1687. CONTAINING Only Matters of Fact As they Occurred.  
Printed in the Year 1688.   

A TABLE.  

A Narrative of the Election of Dr. Hough Precedent of St. Mary Magdalen College, Oxon, 1687. Page 1  
A Copy of the King's Mandate to the Fellows of Magdalen College 3  
A Copy of Magdalen Colledge's Petition ibid.  
A Copy of the Lord Sunderland's Letter to the Fellows 4  
The Case of the Vice-President and Fellows of St. Mary Magdalen College in Oxon, in their Election of a Precedent ibid.  
A Copy of a Letter to the Duke of Ormond, April the 18th, 1687. 5  
A Copy of the Bishop of Winton's Letter to the Precedent of the Council, ibid.  
A Copy of the Citation to the Vice-President and Fellows, for to appear at Whitehall, June the 6th, 1687. 6  
The Answer of the Vice-President, and other Fellows of Magdalen College in Oxon, who were deputed by the said College, to the Question propounded by the Right Honourable and Right Reverend the Lords Commissioners for Ecclesiastical Affairs, VIZ.  
Why they did not Obey His Majesty's Letter requiring them to Elect and Admit Mr. Anthony Farmer Precedent of the said College? ibid.  
The Fellows▪ Reasons why they Elected not Mr. Farmer, etc. 8  
Copies of Letters and Certificates delivered to the Lords Commissioners for Ecclesiastical Affairs, June 27, 1687. 9  
Some Clauses of particular Statutes to which the Case relates 11  
Part of the Oath which every Fellow takes when admitted 12  
A Copy of Dr. Hough's Deprivation, by His Majesty's Commissioners for Ecclesiastical Affairs, etc. ibid.  
A Copy of Dr. Aldworth's and Dr. Fairfax's Suspension. 13  
A Copy of the King's Inhibition to Magdalen College ibid.  
A Copy of His Majesty's Mandate for the Bishop of Oxon to be Precedent 14  
A Copy of the Lord Sunderland's Letter to the Seniour Fellow of St. Mary Magdalen College in the University of Oxon, or in his absence, to the Seniour Fellow residing there ibid.  
A Copy of the Bishop of Oxon's Letter to the Seniour Fellow of St. Mary Magdalen College in the University of Oxon, or in his absence, to the Seniour Fellow residing there 15  
An Account of what passed at Christ's Church, Oxon, September the 4th, 1687. ibid.  
A Copy of the Petition offered at Oxford, Sept. the 4th, 1687. 16  
A Copy of the Address which the Fellows of St. Mary Magdalen College gave to the Lord Precedent of the Council, Sept. the 6th, 1687, and which was delivered His Majesty at the Bath 17  
A Copy of a Letter directed to Dr. Bayly, Fellow of Magdalen College, Oxon, supposed to be Written by Mr. W— P— ibid.  
The Answer to the aforementioned written Letter, Dated October the 3d, 1687. 18  
Some Queries sent to the Fellows of Magdalen College from Windsor, Sept. 15. 1687. 20  
An Answer to several Queries to the Vice-President and Fellows of Magdalen College in Oxon, sent from Windsor, Dated the 25th of September, 1687. ibid.  
An Account of the Visitation of St. Mary Magdalen College in Oxon 22  
Dr. Fairfax's Case before the Commissioners at Oxon, Oct. 22. 1687. 27  
Dr. Hough's Protestation 28  
A Copy of Dr. Stafford's and Dr. Fairfax's Plea 29  
Dr. Fairfax's Expulsion 31  
His Protestation ibid.  
The Fellows Submission which they offered, and was refused by the Lords Commissioners 33  
The Suspension of Mr. George Fulham 34  
The Lord Bishop of Chester's Speech ibid.  
The Form of the Submission tendered by their Lordships, but was refused by the Fellows 37  
The Expulsion of Dr. Charles Aldworth, and twenty four Fellows 39  
The Decree that Incapacitates them from receiving any Benefices ibid.  
The Expulsion of fourteen Demies by the Bishop of Oxon 40    


Note, This should follow the Letter to the Duke of Ormond, pag. 5.  The Bishop of Winton's LETTER to the Lord Precedent of the Council.  
My Honoured Lord,  
THE Obligation I have upon me as Visitor of St. Mary Magdalen College in Oxon, occasions this Address: For I am informed that great endeavours are used with his Majesty to recommend one Mr. Farmer, who is not at present, nor ever was Fellow of the College, to be Precedent of it; which is directly contrary to the Statutes of the Founder, (as I am confident some who promote Mr. Farmer's interest, cannot be ignorant of:) And were there not many Persons now actually Fellows, and several who have been (in particular the Bishop of Man, and Dr. Jesop) very eminent for Learning and Loyalty, and every way qualified according to the Statutes, I should not press your Lordship to lay the Concern of the College (which hath upon all occasions expressed its Zeal and forwardness in Defence of the Crown, and (as I particularly know) in the great Affairs of the Succession) before his Majesty; who, I hope, will leave them to their Rules as the Statutes, which have hitherto (excepting in the times of Rebellion) been concientiously observed, and which will be the highest satisfaction to the truly Loyal University, and promote his Majesty's Service, which has always been the Endeavour of  
Your Lordship's Most Humble Servant.   

ERRATA  
PAge 3. line 2. read all and singular. p. 5. in the Letter to the Duke of Ormond. l. 1. r. and Fellows of. p. 7. l. 39 read April 18th. p. 11. l. 27. r. before he can give his Vote in. p. 12. l. 8. r. if it shall happen that. p. 26. l. 38. for which r. what. p. 30. l. 27. deal which Letters is as follows. p. 37. l. 13. Paper all.   

A NARRATIVE OF THE Election of Dr Hough, Precedent to St Mary Magdalen College, OXON. 1687.  
THE Presidentship of St. Mary Magdalen College, in the University of Oxon, being void by the death of Dr. Henry Clerk, late Precedent of the same, the Vice-President gave notice to all the Fellows present in the Chapel, on Thursday the 31 of March, 1687; where it was unanimously agreed, to proceed to the Election of a Precedent, on Wednesday the 13 of April following, at Nine of the Clock in the Morning, in the Chapel: And in order thereto, the Vice-President caused a Citation to be fixed on the Chappel-Door of the said College, signifying the Vacancy, Time, and Place of the Election; according to the direction of the Statutes. But before the day of Election, being credibly informed, that his Majesty had been pleased to grant his Letters Mandatory, in behalf of Mr. Anthony Farmer, they most humbly represented to his Sacred Majesty, in their Petition bearing Date April 9th, That the said Mr. Farmer was uncapable, by their Statutes, of being Precedent; and therefore did most humbly pray his Majesty to leave them to a Free Election, or recommend such a Person to them, as was capable by their Statutes. Monday, April 11th, his Majesty's Letters Mandatory, were delivered by the hands of Mr. Robert Chernock, Master of Arts, and Fellow of the said College, directed to the Vice-President and Fellows of Magdalen College, in Oxon, requiring them forthwith to Elect the said Mr. Farmer, and admit him Precedent: Which Letter the Vice-President read in the Chapel of the said College, between the hours of four and five of the Clock in the same day, after Evening-Service, before the Fellows of the College, there present, and asked them, Whether they in Obedience to his Majesty's Letters, would forthwith Elect and Admit Mr. Farmer Precedent? Who all agreed, in consideration to Mr. Farmer's not being Qualified, and the danger of Expulsion to any of the Fellows that should be absent from the Election, and that the time of Election, according to the Citation, was so near, to defer their Answer till Wednesday following: Whereupon the Vice-President required all the Fellows to be present in the Chapel the said Wednesday Morning at nine of the Clock. All the Fellows being then met, the Vice-President read the Statute De Electione Presidentis; and the Statute 5 Eliz. against corrupt Elections, was read also; after which the Vice-President read the King's Letter in behalf of Mr. Farmer, and the second time demanded an Answer of the Fellows thereto. Their Answer was to this effect: That having a Petition now lying before his Majesty, they ought not to proceed to Election, till they had received his Majesty's Answer to the same: And thereupon they all agreed, (except Mr. Charnock) that the Election should be deferred: which was accordingly done, until the next Morning nine of the Clock.  
Thursday, April 14th, at nine a Clock in the Morning, all the Fellows being met, the Vice-President told them, That the Election of a Precedent had been deferred upon account of their Petition to his Majesty, in Answer to which, they had not then received his Majesty's Pleasure; that the next day was the utmost time they could defer the Election by the Statutes, and therefore it was necessary they should come to some Resolution: he told them farther, That the King had commanded them to Elect Mr. Farmer, and asked their Sense therein: Which was unanimous (except Mr. Charnock) that the Election should be deferred till the next morning eight of the Clock; and in order thereunto, the Sacrament to be administered first; and accordingly it was Adjourned.  
Friday, April 15th, at eight a Clock in the Morning the Vice-President and Fellows being met, Dr. Tho. Smith and Capt. Bagshaw, two of the Fellows, acquainted the rest, from my Lord Precedent of the Counsel, That in Answer to their Petition, his Majesty having sent his Letter to the College, expected to be Obeyed. After which, the Vice-President read again the King's Letter to them, and asked, Whether in Obedience thereunto, they would Elect and Admit Mr. Farmer Precedent? They answered, That they desired they might proceed to an Election. Then the Vice-President having proposed, Whether, having received his Majesty's Pleasure in Answer to their Petition, they would make any further Address? The Vice-President, Dr. Fairfax, Dr. Pudsey, and Dr. Tho. Smith, were for a second Address; but all the rest declared immediately for proceeding to the Election.  
Then the Vice-President proposed, Whether they would go to an Election Viva voce, or by Scrutiny? The Vice-President, Mr. Thompson, and Mr. Charnock, were for proceeding to an Election Viva voce; all the rest were for going to an Election by Scrutiny, except Dr. Tho. Smith, who was not for going to Election, until the King should again be Petitioned.  
This therefore being their Sense, That they ought to proceed to the Election of a Precedent according to the Statutes, and this the last day limited for Election: In order thereunto, the holy Sacrament was solemnly taken by all, except Mr. Charnock. Then the Statute De Electione Praesidentis, and 5 Eliz. against corrupt-Elections was read by the Vice-President. Every one took the Oath prescribed in the Statutes to be taken, in order to the Nomination of a Precedent, (except Mr. Thompson and Mr. Charnock who refused it): And the 2 Signior Fellows were sworn Scrutators in the Scrutiny of the whole Society: For the Nomination of a Precedent, Mr. Hough and Mr. Maymard had each of them the major part of all the Voices; and were accordingly pronounced by the Seniour Scrutatour, Nominati in Ordine ad Electionem Praesidentis: Then the thirteen Seniour Fellows being met to Elect one of these two Precedent; and every one of them sworn according to the Statute; eleven of them Elected Mr. Hough, who was accordingly pronounced Precedent of St. Mary Magdalen College, in Oxon. by the Seniour Scrutatour, in the presence of all the Fellows: and Mr. Maynard was appointed by the thirteen Seniour Fellows, to present the said Precedent Elect, to the visitor, in order to his Admission. After this, Mr. Thompson and Mr. Charnock declared, Viva voce for Mr. Farmer; according to his Majesty's Letter.  
Saturday, April 16th, Mr. Hough, Precedent Elect, was presented to the visitor by Mr. Maynard, who at the same time delivered to his Lordship an Instrument under the College Seal, containing the Proceedings of the Election; after a sight whereof, Mr. Hough was Sworn and Admitted Precedent by his Lordship, according to the Statutes.  
Sunday, April 17th, Mr. Hough at his return to the College, took the same Oath again before the Society, and afterwards, as Precedent, took his Seat in the Chapel, at four a Clock Prayers in the Afternoon.   

A Copy of the King's Mandate to the Fellows of Magdalen College.  
JAMES REX.  
TRusty and Wellbeloved, We greet you well. Whereas we are well satisfied, of the Piety, Loyalty, and Learning of our Trusty and Wellbeloved Anthony Farmer, Master of Arts, of that your College of St. Mary Magdalen, We have thought fit hereby effectually to recommend him to you for the place of Precedent of our said College, now void by the Death of Doctor Clark, late Precedent thereof; willing and requiring you forthwith, upon receipt hereof, to Elect and Admit him the said Anthony Farmer, into the said place of Precedent, with all singular the Rights and Privileges, Emoluments and Advantages thereunto belonging, any Statute, Custom, or Constitution to the contrary notwithstanding; wherewith We are Graciously pleased to Dispense with in this behalf. And so, not doubting of your Compliance herein, We bid you Farewell.  
Given at Our Court at White-Hall, the Fifth Day of April, 1687, in the Third Year of Our Reign.   

A Copy of Magdalen Colledge's Petition.  
To the King's Most Excellent MAJESTY. The Humble Petition of the Vice-President and Fellows of St. Mary Magdalen College, in Oxon.  
Most Humbly showeth,  
WE have been credibly Informed, That Mr. Anthony Farmer, who was not of our Foundation, has obtained Your Most Excellent Majesty's Recommendation to be Precedent of Your Majesty's College, in the room of Dr. Henry Clark, Deceased.  
We therefore, with all Submission, as becomes Your most Dutiful and Loyal Subjects, most humbly Represent to Your Sacred Majesty, That the said Mr. Farmer is a Person in several respects Uncapable of that Character, according to our Founder's Statutes: And do most earnestly beseech Your Majesty, as Your Majesty shall judge fittest in Your most Princely Wisdom, either to leave us to the discharge of our Duty, and Consciences, according to Your Majesty's late most Gracious Toleration, and our Founder's Statutes; or to Recommend such a Person who may be more Serviceable to Your Majesty, and to this Your Majesty's College:  
And Your Petitioners shall ever Pray, etc.   

A Copy of the Lord Sunderland's Letter to the Fellows.  
Gentlemen,  
THe King being given to understand, That notwithstanding his late Mandate, sent to you for Electing Mr. Farmer to be Precedent of your College, you have made choice of another person; His Majesty commands me to tell you, He is much surprised at these Proceedings, and expects you should send me an Account of what passed on that Occasion, and whether you did receive His Majesty's said Letters Mandate, before you chose Dr. Hough. I am,  
gentlemans, Your Affectionate and Humble Servant, Sunderland.   

The CASE of the Vice-President and Fellows of St. Mary Magdalen College, in Oxon. in their late Election of a Precedent.  
UPon the Notice of the Death of Dr. Henry Clark, Late Precedent of St. Mary Magdalen College in Oxon; the Vice-President called a Meeting of the Fellows, in order to appoint a day for the Election of a new Precedent. The 13th of April was the day prefixed; with power to prorogue the Election to the 15th, as they should see cause, beyond which time it was not in their power to defer the same. This being agreed, a Citation, or Praemonition was fixed upon the Chappel-door of the College, signifying the same; and summoning all the absent Fellows to repair home to the ensuing Election, as the Statute in that case directs. After this, upon the 11th of April, they received His Majesty's Letter in behalf of Mr. Farmer, requiring them to elect and admit him Precedent: But he having never been Fellow of that College, nor New-Colledge, in which are the only Persons capable of being chosen by the Statutes; and wanting likewise such personal Qualifications as are required in the Character of a Precedent, they did not imagine it was, or could be His Majesty's Pleasure, that they should act so directly contrary to the express Words of their Statutes, to which they are strictly and positively sworn: But did humbly conceive they were bound in Duty to believe, that His Majesty had been misinformed in the Character and Capacity of Mr. Farmer. And therefore on the 15th of April, the last of those days within which they were confined to finish the Election, they proceeded to a choice, and having first received the Blessed Eucharist, and taken an Oath as the Founder enjoins, to choose a Person so qualified, as is there specified; they did elect the Reverend Mr. John Hough, Bachelor in Divinity, who is a Person every way qualified by the Satutes of the said College: And if it shall be objected that His Majesty did in His Letter for Mr. Farmer, graciously dispense with all the Statutes that rendered him uncapable of being elected; and that therefore they might have obeyed without breach of their Oaths: They humbly beg leave to represent, that there is an express Clause in that Oath, which every Man takes when he is admitted Fellow of the College; wherein he swears not to procure, accept, or make use of any Dispensation from his Oath, or any part thereof, by whomsoever procured, or by what Authority soever granted. As to their former practice when they have elected in obedience to the King's Letter heretofore; it has been always in such cases where the persons recommended have been every way qualified for the Office by their Statutes; in which cases they always have been; and ever will be, ready to comply with His Majesty's pleasure; it not being without unspeakable regret, that they disobey the least of His Commands. They know how entirely their welfare depends upon the Countenance of their Prince; nor doth any thing more deeply affect and grieve their Souls, then when they find themselves reduced to this unfortunate necessity, of either disobeying his Will, or violating their Consciences by notorious Perjuries.   

A Copy of a Letter to the Duke of Ormond, April 18th, 1687.  
May it please your Grace,  
WE the Precedent, and of Magdalen College in Oxon, sensible of the Benefits and Honour we enjoy under your Grace's Patronage, and how much it imports us to have your Advice in all the Difficulties wherewith we are pressed; having, as we fear, displeased His Majesty, in our Election of a Precedent; do humbly beg leave to represent to your Grace, a true state of our Case, and hope you will please to inform the King how uncapable we were to perform His Commands.  
His Majesty was pleased on the Death of Dr. Henry Clark, Precedent of St. Mary Magdalen College, to Command us by His Letter, to elect, and admit, Mr. Anthony Farmer in that Office, a Person utterly uncapable of it by our Statutes, as we are ready to make appear in many particulars; and since we have taken a positive Oath of obedience to them, and that exclusive to all Dispensations whatsoever; we humbly conceive we could not obey that Command in favour of Mr. Farmer; unless he had brought those Qualifications with him, which our Founder requires in the Person of the Precedent; and being confined as to the time of Election, we have been forced to proceed to the choice of one, who has approved his Loyalty in the whole course of his Life, and whom we think suitably qualified for the place.—  
May it therefore please your Grace to interpose with His Most Sacred Majesty for us, that that we may not lie under the weight of His Displeasure, for not being in a capacity for obeying his Commands. We know him to be a Prince of eminent Justice, and Integrity, and cannot think he will value any instance of Duty to himself, which manifestly breaks in upon the obligation of our Consciences. And your Grace's extraordinary unblemished Loyalty to the Crown; and that regard which we assure ourselves, our Most Honoured Lord, and Chancellor, has to the Peace and Welfare of this Place, induceth us to presume your Grace will omit no endeavours to set before His Majesty, the true Reason and Necessity of our Proceedings. That God Almighty protect your Grace, shall be the daily Prayers of,  
May it please your Grace, etc.   

A Copy of the Citation to the Vice-President, and Fellows, for to appear at White-Hall, June the Sixth, 1687.  
By His Majesty's Commissioners for Ecclesiastical Causes, and for the Visitation of the Universities, and of all, and every Cathedral and Collegiate Churches, Colleges, etc.  
COmplaint having been made unto Us, that the Vice-President, and Fellows of St. Mary Magdalen College in Oxon, have refused to comply with His Majesty's Letters Mandatory, for electing and admitting Mr. Anthony Farmer Precedent of the same College, in the room of Dr. Clark deceased, and that notwithstanding his Majesty's Leters they have elected Mr. John Hough Precedent of the said College: You and either of you are hereby required to Cite & Summon the said Vice-President & Fellows, requiring'em, or such of the said Fellows as they shall depute in their behalf, to appear before Us in the Council-chamber at White-Hall, upon Monday the Sixth of the next Month of June, at Four in the Afternoon, to answer to such Matters as shall be objected against them, concerning the Premises, and of the due execution thereof: You are to certify Us then and there.  
To Thomas Atterbury, and Robert Eldows, Or to either of them. Given under our Seal the 28th of May, 1687.   

The Answer of the Vice-President, and other Fellows, of Magdalen-Colledge in Oxon, who were deputed by the said College, to the Question propounded by the Right Honourable, and Right Reverend, the Lords Commissioners for Ecclesiastical Affairs, Viz.  
Why they did not obey His Majesty's Letter, requiring them to Elect, and Admit Mr. Anthony Farmer Precedent of the said College?  
THE said Vice-President, and other deputed Fellows answered and said, That the said College of St. Mary Magdalen in Oxon is a Body Corporate, governed by Local Statutes, granted and confirmed to them by His Majesty's Royal Predecessor, King Henry the 6th, for Him and His Heirs and Successors, under the Great Seal of England, which are also since confirmed by several other Letters Patents of others of His Majesty's Royal Predecessors, under the Great Seal of England— That by the said Statutes of the College (to the observation of which, each Fellow is sworn) it is ordered that the Person elected Precedent thereof, shall be a Man of good Life and Reputation, of approved Understanding, and good Temper, Discreet, Provident, and Circumspect, both in Spiritual and Temporal Affairs. And at the time of Election of a Precedent, the said Fellows are bound by the said Statutes, to take an Oath that they shall nominate none to that Office, but such as are, or have been Fellows of the said College, or of New-Colledge in Oxon: or if they are not actually Fellows at that time of Election; that they be such as have left their Fellowships in their respective Colleges upon credible accounts. And when two qualified persons shall be nominated at the time of Election, by the greater number of all the Fellows, to the said Office of Precedent; the thirteen Seniors also swear that they will Elect one of them, whom in their Consciences they think most proper and sufficient, most discreet, most useful, and best qualified for the Place; without any regard to love, hatred, favour, or fear. And every Fellow when he is first admitted into his Fellowship in the said College, swears that he will inviolably keep and observe all the Statutes and Ordinances of the College, and every thing therein contained, so far as does or may concern him, according to the plain, literal, and grammatical sense and meaning thereof, and as much as in him lies will cause the same to be kept and observed by others; and that he will not procure any Dispensation contrary to his aforesaid Oath, or any part thereof, nor contrary to the Statutes and Ordinances to which it relates, or any of them; nor will he endeavour that such Dispensation shall be procured by any other, or others, publicly or privately, directly or indirectly. And if it shall happen that any Dispensation of this sort, of whatsoever Authority it shall be, whether in general or particular, or under what form of Words soever it be granted, that he will neither make use of it, nor in any sort consent thereunto. That upon Notice of the Death of Dr. Clark Late Precedent of the said College, the Vice-President called a Meeting of the said Fellows, in order to the appointing a day for the Election of a new Precedent, and the 13th of April was the time prefixed, with power to prorogue the same as they should see cause, till the 15th, beyond which time they could not statutably defer their Election, and in pursuance thereof a Citation, or Premonition, was fixed upon the Chappel-door of the said College, signifying the same, and by which the absent Fellows were Summoned to repair home, as the Statute in the Case requires. And the said Vice-President, and other deputed Fellows farther say, that on the 11th of April aforesaid, they received His Majesty's Letters Mandatory, to Elect and Admit the said Mr. Anthony Farmer Precedent of the said College: But forasmuch as the said Vice-President, and Fellows, apprehended the right of Election to be in them, and believed His Majesty never intended to dispossess them of their Rights: And forasmuch as the said Mr. Farmer had never been Fellow either of Magdalen, or New-Colledge in Oxon, and had not those Qualifications which in, and by, the said Statutes of the College are required in the Character of a Precedent, as they in their Consciences did, or do verily believe; and in regard that they could not comply with His Majesty's Letter, without the violation of their Oaths, and hazard of their legal Interest and Property, wherewith they are by their Statutes possessed, and which by their Oaths they are bound to maintain, they represented the same by their humble Petition to His Majesty. And having deferred their Election of a Precedent to the last day limited by their Statutes, than they proceeded to Election, and having first received the Eucharist, and taken the said Oaths, as the Statutes enjoin, to choose a Person so qualified as is before expressed, they did Elect the Reverend Mr. John Hough B. D. and one of the Fellows of their College, a Person every way qualified to be Precedent, who has been since confirmed by the Bishop of Winton their Visitor, as the Statutes of the said College direct.  
And that they might not lie under His Majesty's Displeasure by their Proceedings, they did on the 19th of April make an humble representation thereof to His Majesty, by his Grace the Duke of Ormond, Chancellor of the University of Oxon, setting forth their indispensable obligations to observe their Founder's Statutes.  
All which Matters the Vice-President, and other deputed Fellows, do humbly offer to your Lordships, and pray to be dismissed with your Lordship's favour.   

The Fellows Reasons why they Elected not Mr. Farmer, etc.  
WHereas the Vice Precedent, and other deputed Fellows of St. Mary Magdalen College in Oxon, have in their Answer to your Lordships, set forth, that by the Statutes of the said College, it is ordered, That the Person to be elected Precedent thereof, should be a man of good Life and Reputation, and of good Manners and Temper; and likewise, that Mr. Anthony Farmer hath not those Qualifications which in and by the said Statutes are required in the Character of a Precedent, as they in their Consciences did and do verily believe. They humbly crave leave to represent to your Lordships some of those Reasons which induced them to such belief, viz.  
That Mr. Farmer did mis-behave himself in Trinity College in Cambridge: That he received Admonition from the Master of the College, in order to his Expulsion; which remains in the Register of the said College, under his own hand.  
That having left Cambridge, he taught School at Chippenham in Wiltshire, under a Nonconformist Minister, without Licence.  
That in September 1683. the said Mr. Farmer was entered in St. Mary Magdalen Hall in Oxon. where such frequent Complaints were brought against him to the Principal, for his troublesome humour and unquiet temper, that to preserve the Peace of the Society, he was desired to leave the said Hall.  
That after his leaving Magdalen Hall, he was admitted into Magdalen College, where discoursing about Religion, he declared, That there was no Protestant but would cut the King's Throat: notwithstanding which, at other times he declared to some of the Fellows of the said College, That whatsoever he pretended, he was really a Member of the Church of England; and that he made an Interest with some Roman Catholics, only to get Preferment by their means, and for that reason was willing to be thought of their Religion.  
That at the very time when his Majesty's Letter came to the College in his behalf, the said Mr. Farmer was at Abbington in very ill Company, where he continued drinking to excess two or three days and nights together; and amongst other Disorders, was one of those that then in the night time threw the Town-Stocks into the River: and that in general the said Mr. Farmer hath had the unhappiness to lie under an ill Fame, as to his Life and Conversation, as by several Letters and Certificates, ready to be produced, will more largely appear.   

Copies of Letters and Certificates delivered to the Lords Commissioners for Ecclesiastical Affairs, June 27. 1687.  

I. I Anthony Farmer, Bachelor of Arts, and Scholar of this College, do confess, That I have behaved myself very unlike a Member of this College, and even a Christian, at the Dancing-School: for which I humbly ask Pardon, and do acknowledge before the Seniority, that I have deservedly received of the Master my first Admonition in order to Expulsion.  
Anth. Farmer. Trinity Coll. Camb. June 11. 1678.  
This is a true Copy of Anth. Farmer's Admonition, attested by us whose Names are hereunto under-written.  


Humph Babington, Vice Magist. Deput.  
John Hawkins, Vice Magist. Deput.  
Benj. Pullsyn, Vice Magist. Deput.  
John Laughton, Vice Magist. Deput.     

II. THese are to certify, That Mr. Anth. Farmer was Usher to Mr. Benj. Flower, a Nonconformist Preacher in the Town of Chippenham in the County of Wilts, for the space of half a year or upwards, the said Mr. Flower keeping School without Licence from the Bishop, and the said Mr. Farmer continuing his Usher for the time mentioned, without any Licence also. Witness our hands,  


Will. Lak●, Vicar.  
Will. Loud.  
Will. Gale.     

III. MR. Anthony Farmer was entered of St. Mary Magdalen Hall in Oxford, Septem. 1. 1683. Where, after he had been some time, frequent Complaints were brought to me by some of the Masters, that he raised Quarrels and Differences amongst them; that he often occasioned Disturbances, and was of a troublesome and unpeaceable humour. Whereupon, that Love and Friendship might be preserved and continued in the Society, as it used to be, I advised the said Mr. Farmer to make trial if he could live more easily and quietly in some other House. Accordingly he did voluntarily leave the Hall July the 13th 1685. and got himself admitted into Magdalen College.  
William Levet, Principal.   

IV. I Do certify, That Mr. William Bambrigg, Gentleman Commoner of Magdalen Hall, Oxon, did say, That Mr. Anthony Farmer, Master of Arts, did entice him from his Studies in the University to go to London, where he the said Mr. Farmer did attempt to draw the said Mr. Bambrigg into several Debaucheries both at Taverns and Bawdy-houses. Witness my hand,  
John Ryland, Mr. of Arts of Magd. Hall.   

V. I Do certify, That Mr. William Bambrigg. Gentleman Commoner of Magdalen Hall, did say, That Mr. Anthony Farmer, Master of Arts of the said Hall, did receive Money of him and other Gentlemen, publicly to expose unto them a Naked Woman; which he accordingly did. Witness my hand,  
Richard Clerk, Mr. of Arts of Magd. Hall.   

June 9 1687.  
VI I Am very willing to justify any thing I have formerly said, relating to so serious a matter as this is you inquire after.  
Mr. Farmer, one night in the Cloister, asked me why I did not get a Commission: I told him truly, I had not Friends to do it for me. He then asked me, what I would do for one: I told him, I would fight for my King, and whatsoever he should command me. He then asked me, if I would fight for the King's Religion: I told him, there would be no occasion for that, nor would it ever be required of me. He ased me of what Religion I was: I told him a Protestant. And then he said, There was no Protestant but would cut the King's Throat; and that he should lose Three thousand pounds, for being of that Religion he intended to be of; which he said was a Papist. This, to the best of my remembrance, is the full of what he said. If I have omitted any thing, it is my care not to write more than I would honestly and justly swear to. I am,  
SIR, Your most Obliged and most Humble Servant, JOHN BRABOURN.   

VII. IN or about January last, 1687. Mr. Anthony Farmer declared before us, That the Report of his being a Papist was false; but that he was willing to be thought so, because it might do him a kindness: That the reason of his acquaintance with Mr. Brent and Mr. Walker, was to get Preferment by their Interest: That he had not forsaken the Protestant Religion; adding, we should call him Rogue, if ever he did: That he would not make any public Declaration of this, but would declare it amongst Friends, when and where he pleased.  


Henry Dobson.  
Ja. Fairer.  
Tho. Goodwin.     

VIII. I Do hereby certify, That Robert Gardiner, Porter of St. Mary Magdalen College, did tell me, that Mr. Farmer did very often come into the College late at night, so much in drink, that he could scarce go or speak. Witness my hand, this 9th of June 1687.  
George Fulham.   

IX. UPon Monday, April the third, Mr. Farmer came to the Lobster in Abbington with Mr. Clerk, Mr. Gravener, and Mr. Jenny Jar, about eight in the morning, and stayed some time in the house, and went from thence to the Tavern; returned again about eleven at night, and sat up till one in the morning: The next day they went to the Bush-Tavern and sent for a quarter of lamb for their Supper, and there Mr. Farmer, Mr. Clerk, Mr. Gravener, and two Troopers and others, continued till past eleven at night, and so returned to the foresaid place, and sat up till past three in the morning. This I do assert, was the Company that the said Mr. Anthony Farmer kept, and these were the unseasonable Hours. In witness whereof, I am ready to swear, whenever a Subpaena shall be sent to me.  
George Mortimer.   

X. MRs. Mortimer is ready to assert, That when Mr. Anthony Farmer returned to the Lobster about eleven at night, he came much concerned in Drink, and was for kissing the said Mrs. Mortimer, which, he being a stranger, she permitted him to do; but in doing of it he the said Mr. Anthony Farmer put his Tongue in her mouth, which was such a rudeness, that she immediately went out of his company and would not come nigh him any more.  
Martha Mortimer.   

XI. BEing in company with William Hopkins of Abbington, the 12th of June last 1687. I heard him declare, That himself, with one Mr. Farmer of the University of Oxon, and some others, did in a Frolic, at an unseasonable time of night, take away the Town-Stocks from the place where they constantly stood, and carried them in a Cart a considerable way, and threw them into a Pool commonly called Mad Hall's Pool. Witness my hand, the day and year above-written,  
Charles Peacock.    

Some Clauses of particular Statutes to which the Case relates.  
IN their Statutes concerning their Election of a Precedent, his Character is thus described: That he must be a man of good Reputation, and good Life, and circumspect both in Spiritual and Temporal Affairs.  
In the same Statutes the Oath which every Fellow is obliged to take, before he can give in the Nomination of a Precedent, is this: Viz.  
That he will name one or two of St. Mary Magdalen College, or of those who have been Fellows there, or have left their places upon a legal and credible account: Or that he will name one or two of the Fellows of St. Mary Winchester College, commonly called New-Colledge, in Oxon, or of those who have been formerly Fellows there, and have left their places upon a credible account. After this, the thirteen Seniour Fellows swear, That out of the two thus nominated, they will, with all speed, Elect one to exercise the Office of a Precedent, whom in their Consciences they think most proper and sufficient, most discreet, most useful, and best qualified for it, either without any regard to Love, Hatred, Favour, Fear, etc. as in the formentioned Statute is more largely expressed.—   

Part of the OATH which every Fellow takes when Admitted.  
Item, I Do Swear that I will not procure any Dispensation contrary to my aforesaid Oath, or to any part thereof, nor contrary to the Statutes and Ordinances to which they relate, or any one of them; nor will I endeavour that such Dispensations be procured by any other or others, publicly or privately, directly or indirectly: And if it shall, that any Dispensation of this sort shall be procured, or freely granted, or obtained, of what Authority so ever it be, whether in general or particular, under what form of Words soever it be granted, I will neither make use of it, nor in any sort consent thereunto.  
So help me GOD.   

A Copy of Dr. Hough's Deprivation, by His Majesty's Commissioners for Ecclesiastical Affairs, etc.  
WHereas it appears to us, that Mr. John Hough, B. D. hath been unduly Elected Precedent of St. Mary Magdalen College, in the University of Oxon, we have thought fit, upon mature consideration thereof, That the said Election be declared void, and the said Mr. John-Hough be amoved from the said Presidentship; and accordingly we do hereby declare and decree, That the said Election is void; and do amove the said Mr. John-Hough from the place of Precedent of the said College.  
Given under Our Seal this 22d Day of June, 1687.   

A Copy of Dr. Aldworth's and Dr. Fairfax's Suspension.  
WHereas Charles Aldworth, Doctor of Laws, Vice-President of St. Mary Magdalen College, Oxon, and the Deputies, Fellows of the same House, have been Conveined before Us for their Contempt in not Obeying His Majesty's Letters Mandatory, for Electing and Admitting Mr. Anthony Farmer Precedent of the said College; and the said Dr. Aldworth and Deputies having been heard thereupon, We have thought fit to declare, pronounce, and decree, That the said Dr. Aldworth shall for the said Contempt be Suspended from being Vice-President of the said College: And that Henry Fairfax, Doctor of Divinity, one of the Fellows of the said College, shall for the said Contempt be Suspended from his Fellowship; and accordingly we do hereby Suspend Dr. Charles Aldworth from being Vice-President of the said College, and the said Dr. Henry Fairfax from his Fellowship in the said College.  
Given under Our Seal the 22d Day of June, 1687.   

A Copy of the King's Inhibition to Magdalen College.  
JAMES REX.  
TRusty and Wellbeloved, We Greet you well: Whereas We are informed, That a Sentence or Decree lately made by Our Commissioners for Ecclesiastical Affairs, touching an Election in that our College, hath not been Obeyed, Our Will and Pleasure is, No Elelection or Admission be made of any person or persons whatsoever, into any Fellowship. Demyship, or other Place or Office in Our said College, till We shall signify Our further Pleasure, any Statute, Custom, or Constitution to the contrary notwithstanding. And so, expecting Obedience herein, We bid you Farewell.  
Given at Our Court at Windsor, the Eighteenth of July, 1687, in the Third Year of Our Reign. By His MAJESTY's Command. Sunderland.   

A Copy of His Majesty's Mandate for the Bishop of Oxon to be Precedent.  
JAMES REX.  
TRusty and Well-boleved, We Greet you well: Whereas the place of Precedent of Our College of St. Mary Magdalen, is now void, Our Will and Pleasure is, That We do hereby Authorise and Require you forthwith, upon receipt hereof, to Admit the Right Reverend Father in God Samuel Lord Bishop of Oxon, into the said place of Precedent, to hold and enjoy the same, with all the Rights, Privileges and Profits, Emoluments and Advantages thereunto belonging, any Statute or Statutes, Custom or Constitution to the contrary, in any wise, notwithstanding, wherewith We are Graciously pleased, and do accordingly hereby Dispense in his behalf: And so, expecting your ready Obedience herein, We bid you Farewell.  
By His Majesty's Command. Sunderland. Given at Our Court at Windsor, Aug. 14th, 1687, in the Third Year of Our Reign.   

A Copy of the Lord Sunderland's Letter to the Seniour Fellow of St. Mary Magdalen College, in the University of Oxon, or in his absence, to the Seniour Fellow residing there.  
THe King having been pleased by His Letters Mandatory, to require the Fellows of St. Mary Magdalen College, to Admit the Lord Bishop of Oxon, Precedent of that College; His Majesty Commands me to let you know, That immediately upon the receipt hereof, he would have you Assemble the Fellows, and Communicate to them His Majesty's said Letters: And I am further Commanded to tell you, That His Majesty expects a ready Obedience to be paid to His Pleasure herein. I desire you would send me an Account of your Proceedings, as soon as you can, that I may acquaint His Majesty with it. I am  
Yours Sunderland.   

A Copy of the Bishop of Oxon's Letter to the Seniour Fellow of St. Mary Magdalen College, in Oxon, or in his absence, to the Seniour Fellow residing there.  
SIR,  
YOu will receive herewith His Majesty's Mandate to Admit me Precedent of your College of St. Mary Magdalen, in Oxon, together with a Letter of my Lord Sunderland, pursuant to His Majesty's Commands. I am indisposed, as I have been for some time, and not in a condition as yet to Travel; and therefore my request to you is, That upon receipt of the King's Pleasure, you would do me the Favour to Admit me by Proxy, (i. e.) Either the next Seniour Fellow under yourself, resident, or either of my Chaplains, Mr. William Wickins, or Mr. Thomas Collins, whom I depute in my stead, which is as valid in Law, as if I were present myself; and is the most usual and customary Practice. And by so doing, you will oblige  
Your very Loving Friend and Brother, Samuel Oxon.   

OXON. Sept. 4 th', 1687.  
The Lord Sunderland sent an Order to the Fellows of St. Mary Magdalen College, to attend the King at Christ-Church, at three in the Afternoon. They attended accordingly.  King 
WHat's your name, are you Dr. Pudsey?  Dr. P. 
Yes, may it please your Majesty.  K. 
Did you receive my Letter?  Dr. P. 
Yes Sir we did.  K. 
Then you have not dealt with me like Gentlemen, you have done very uncivilly by me and undutifully— Here they all kneeled, and Dr. Pudsey offered a Petition, which His Majesty refused to receive: And said,  K. 
Ye have been a stubborn turbulent College, I have known you to be so these 26 years: You have affronted me in this. Is this your Church of England Loyalty? One would wonder to find so many Church of England men in such a business. Go home and show yourselves good Members of the Church of England. Get you gone; know I am your King, I will be obeyed; and I command you to be gone: Go and admit the Bishop of Oxon Head, Principle; What d'ye call it of the College—? (One stood by said Precedent) I mean Precedent of the College. Let them that refuse it look to it; they shall feel the weight of their Sovereign's Displeasure.  
The Fellows going out of the Lodgings were called back.  K. 
I hear you have admitted a Fellow of the College, since you received my Inhibition; Is this true? Have you not admitted Mr. Holden Fellow?  Dr. P. 
I think he was admitted Fellow: But we conceive—  Mr. Cra. 
May it please Your Majesty, there was no new Election or Admission, since Your Majesty's Inhibition; but only the Consummation of a former Election. (They always Elect to one years' Probation) than the Person Elected is received, or rejected for ever.  K. 
The Consummation of a former Election, 'twas downright Disobedience, and 'tis a fresh aggravation. Get you gone home, I say again; go, get you gone, and immediately repair to your Chapel, and Elect the Bishop of Oxon, or else you must expect to feel the weight of my hand.—  
The Fellows offered again their Petition, on their Knees.  K. 
Get you gone, I will receive nothing from you, till you have obeyed me, and admitted the Bishop of Oxon.  
Upon which they went immediately to their Chapel, Dr. Pudsey proposing whether they would obey the King, and elect the Bishop of Oxon? They answered in their turns, They were as ready to obey His Majesty in all things that lay in their power, as any of the rest of His Subjects: But the Electing the Bishop of Oxon, being directly contrary to their Statutes, and the positive Oaths they had taken, they could not apprehend it in their power to obey Him in this Matter.   

A Copy of the Petition offered at Oxford, Sept. 4th, 1687.  
To the King's Most Excellent Majesty, etc.  
Humbly showeth,  
THat upon the 27th of August we received Your Majesty's Letters Mandatory, Dated August 14th, requiring us to admit the Right Reverend Father in God Samuel Lord Bishop of Oxon, to be our Precedent; and dispensing with all Statutes and Constitutions to the contrary. It is an unexpressible Affliction to us, to find ourselves reduced to such an extremity, that either we must disobey Your Majesty's Royal Command, contrary to our own Inclinations, and that constant course of Loyalty which we have showed in all instances hitherto upon all occasions whatsoever; or else break our Founder's Statutes, and deliberately perjure ourselves.  
For our Founder hath obliged us under Oath, when we came in Fellows, inviolably to observe his Statutes, and one Clause therein enjoins us never to admit, or make use of Dispensation granted by any Authority whatsoever, whereby we may be absolved from the same. In this Statute for the Election of a Precedent, he commands us upon Oath to Elect such a Person into the place of Precedent, within 15 days after the vacancy, who either is, or has been Fellow of our own, or New-Colledge: Which we represented to Your Majesty in our humble Petition, signed April 9th, wherein we offered ourselves ready to Elect any Person capable of the same, who Your Majesty should be pleased to recommend, and having waited the utmost time limited by our Statutes, and received no Answer to that effect, we did then according to the exigence of our Statutes (having first taken the Holy Eucharist, and our several Oaths to that purpose) nominate and Elect such a Person, as we in our Consciences did believe to be every way qualified for that Place: By which Act of ours, we have conveyed all that right to him, which our Founder hath entrusted us with; and it does not lie in our power to admit any other. Our Founder in another Statute obligeth us under the pain of Perjury, a dreadful Anathema, and eternal Damnation, not to suffer any of his Statutes to be altered, infringed, or dispensed with, and commands us under the same Sacred Obligations, not to execute any Orders or Decree whatsoever, contrary or repugnant to the said Statutes; by which said Statutes, and Oaths, we are utterly incapacitated to admit the said Reverend Father in God to be our Precedent.  
May it please Your Sacred Majesty, to give us leave to lay this our Case, and ourselves, withal submission, at Your Royal Feet, most earnestly beseeching Your Sacred Majesty, to extend to us Your humble Petitioners, that Grace and Tenderness which Your Majesty hath vouchsafed to all Your other Subjects; and not to believe us guilty of any obstinacy or undutifulness, Crimes which our Souls abhor; but to receive us into Your Majesty's Grace and Favour, the greatest temporal Blessing which our Hearts can wish.  
And Your humble Petitioners shall always (as in Duty bound) pray to Almighty God, to bless Your Majesty with a long and happy Reign over us, and afterwards to receive You to an immortal Crown of Glory.   

A Copy of the Address which the Fellows of St. Mary Magdalen gave to the Lord Precedent of the Council, Sept. 6th, 1687; and which was delivered His Majesty at Bath.  
WE Your Majesty's most humble, and most dutiful Subjects, the Fellows of St. Mary Magdalen College in Oxon, being deeply afflicted with the late sense of Your Majesty's heavy Displeasure; grounded, as we in all reason humbly presume, upon a most unkind misrepresentation of our Actions, in relation to an Election of a Precedent, into Your Majesty's said College: Do humbly beg leave to prostrate ourselves at Your Royal Feet, offering all real Testimonies of Duty and Loyalty. And as we have never failed to evince both our Principles and Practices to be truly Loyal, in obedience to the Commands of Your Royal Brother, and Your Sacred Self, in matters of the like Nature: So whatsoever way Your Majesty shall be pleased to try our readiness to obey Your Royal Pleasure, in any instance that does not interfere with and violate our Consciences, which Your Majesty is studious to preserve, we shall most gladly and effectually comply therewith: A stubborn and a groundless resistance of Your Royal Will and Pleasure, in the present, and all other Cases, being that which our Souls eternally abhor, as becomes  
Your Majesty's most Loyal and most Obedient Subjects, etc.   

A Copy of a Letter directed to Dr. Bayly Fellow of Magdalen College, Oxon. supposed to be Writ by Mr. W— P—  
Sir,  
UPon an inquiry made of your present Fellows of Magdalen College, I am informed that you are a person eminent in that Learned Body, for your Temper, Prudence, and good Conduct in Affairs; and therefore very fit to be addressed to by me, who do not send you this to trapan you, and your Brethren; but out of a passionate concern for your interest, to persuade you, either to a compliance with His Majesty's Letters Mandatory; or to think among yourselves of some expedient to prevent the ruin of your College, and yourselves: And to offer it to His Majesty's Royal Consideration, that the Order for the Quo Warranto against the College may be recalled, before it be too late; for you cannot be sensible how highly His Majesty is incensed against you, neither can you give one instance whether ever that sort of proceeding was judged against the Crown. Your Cause most think it very hard; but you are not in Prudence to rely on the goodness of your Cause; but to do what the present instant of Affairs will permit, and in patience to expect a Season that will be more auspicious to Persons of your Character. Every Mechanic knows the temper of His present Majesty, who never will receive a baffle in any thing that he heartily espouseth, and that he doth this, yourselves have had too late and manifest an instance, to doubt of his zeal 〈◊〉 the Affair.  
Where there are so many Statutes to be observed, 'tis impossible but some must be broken at one time or another; and I am informed by the Learned of the Law, that a failure in any one point, forfeits your Grant, and lays your College open to the Royal disposal.  
I could give many other prudent Arguments, that might possibly incline you to a speedy endeavour of putting an end to your Troubles, almost, at any rate; but I shall suggest this one thing to you, that your fatal overthrow would be a fair beginning of so much aimed at Reformation, first of the University, then of the Church, and administer such an opportunity to the Enemy, as may not perhaps occur in His Majesty's Reign. I am  
Your affectionate Servant, etc.   

The Answer to the aforementioned written Letter, Dated Oct. 3d. 1687.  
THE enclosed Paper is a Copy of a Letter, which by the charitable purpose of it, seems to be writ by you, who have been already so kind as to appear on our behalf, and are reported by all that know you, to employ much of your time in doing good to Mankind, and using your Credit with His Majesty, to undeceive him in any wrong impressions given him of his conscientious Subjects, and where his Justice and Goodness have been thereby abused, to reconcile the Persons injured to His Majesty's Favour, and secure them by it from Oppression and Prejudice. In this confidence, I presume to make this application to you, desiring your excuse for not subscribing it: For if you did write the Letter, you know to whom it was directed; and if you did not, I hope your Charity will induce you to make such use of your light you have by it, into the Affairs of our College, as to mediate for us with His Majesty, to be restored to his good opinion, as the only thing which is desired by us, who are zealous, above all earthly things, for his Felicity and Glory.  
We are not conscious of ever giving His Majesty any just Offence, as it will appear with you, when you shall have perused the enclosed Papers; and have therefore no reason to fear the issuing out of a Quo Warranto against us. And though you are pleased to apprehend it, no instance can be given of a Judgement against the Crown, upon the process of that Writ: The Learned in the Law tell me, there is nothing more common, and whereof many Cases are reported by Kellaway, from Page 128, to Page 152, of his Book of Reports: And I think I have heard of a Case in Coke's ninth Report of the Abbess of Prata Marcelia, which evinces the same; wherein also there is a recital of Judgement given against Roger Mortimer for the King, upon a Quo Warranto in Court of Eyre, reversed for Error in the King's-Bench. We hope though we have many Statutes, it will be found that we have not wilfully transgressed any of them, for all our present Troubles are derived to us from our adherence to them, and our fear to offend God, and blemish our Consciences, by departing from them.  
His Majesty is intentionally righteous and just in all his Proceedings, He will never knowingly invade any Man's Property, as He was solemnly pleased to declare in his Excellent Speech made in Council, on the 6th of February, 1684, at his Accession to the Government; which is again repeated in His gracious Declaration for Liberty of Conscience, of the 4th of April last passed. It is upon His Sacred inviolable, and Royal Word and Promise, we must depend; not doubting but when His Majesty shall be rightly informed of our Case, in reference to both His Mandatory Letters to our College, His Anger towards us will be totally extinguished. Our compliance to the first (which was Mr. Farmer's Election) would have involved us in the guilt of manifest Perjury, and the wilful violation of our Statutes: And we are confident his Majesty would never have granted the second on the behalf of my Lord Bishop of Oxon, if he had known we were then possessed of a Precedent duly Elected according to our Statutes, and confirmed by the Bishop of Winton, our Visitor (as the Statutes require); and if he is thereby invested with a Lay-Freehold under the protection of his Majesty's Laws, which we cannot undo or attempt to invade, without subjecting ourselves to Suits at Law, and doing an apparent injury to the Precedent, who doth not conceive himself to be affected with the Sentence of the Lords Commissionets, (to which he was no Party) whereby his Place is declared void, without any Citations, Summons, or hearing of him.  
I believe no instance can be given of a Quo Warranto brought against a College or Hall in the Universities, from the first foundation of them to this day, or any other Ecclesiastical Corporation: for the Abuses of some Constitutions or Franchises in them, and the Misdemeanours of particular Persons, will not destroy a College: And if the Corporation of a College should be dissolved, the Revenues thereof will return to the Founder's Heirs, and not divolve to the Crown. And if our College must be the first Example of that kind, we shall be better justified by the strict Observation of our Statutes, (at least to God and our own Consciences) than we could have been by a voluntary and deliberate Breach of them.  
It was Loyalty and Conscience, that in the Reign of King Charles the First, made thirty four of our forty Fellows, and most of the Scholars of our Foundation, rather quit their Places, and embrace Misery and Ruin, than to submit to the Government of the Usurpers of the Crown. And in Monmouth's Rebellion, the same Inducements prevailed on us to raise a Company at our own charges, under the command of one of our Fellows, to engage against him. And we hope that these and many other the like instances, which may be given of the Loyalty and Zeal of our Society to the Royal Family, will be received as Evidences thereof, and that our good and gracious Sovereign will not exclude us from that Liberty of Conscience, which he was pleased to extend to all his Subjects.  
SIR, I am Your most Affectionate Servant.   

Some QUERIES sent to the Fellows of Magdalen College from Windsor, September 15. 1687.  
First, WHether, waving your Election of the Bishop of Oxon, you cannot, without violence to your Conscience, signify to his Majesty, or the above Reverend Bishop, your willingness to admit the Lord Bishop Precedent of your College?  
Secondly, Whether it be not more Interest to the Protestant Religion, to have a suspected Popish Precedent, than to have all the places of the College refilled by the King's sole Authority with Popish Novices and Priests?  
Thirdly, Whether you are not under a mistake, in thinking you should render yourselves more acceptable to the Protestant Nobility and Gentry, by your being turned out of your Fellowships by Injustice and Violence, as you conceive; or rather will not they be very cautious how they receive you into their Families, for fear of giving of Offence?  
Fourthly, Whether his Majesty, as Supreme Visitor of the University, cannot place or displace there ad libitum; or whether you have a right notion of the Proceedings which have been practised against you? Whether you suppose that the Lords Commissioners proceeded against you as Lords Commissioners, or Visitors? Which Notion, I am sure, will overthrow some body's Plea and Exception against their Authority.  
Fifthly, Whether you acted like men skilled in business, when you refused Mr. Pen's Mediation, who you may be sure had good Authority for what he did? You could not but know that man, and therefore must needs be fore-armed against any Wiles that could be offered to you. Whether an unanimous Subscription for an Expedient, (which indeed I think you ought not to refuse in good manners, since the King was pleased to propose it) presented to his Majesty by Mr. Pen, or another Favourite, would prevent the destruction of the best Foundation in Europe.  
Lastly, Whether you be not drawn beyond your Knowledge, by some hotheaded Advisers, which never consider the present state of his Majesty's Court of Justice?   

An Answer to several Queries to the Vice Precedent and Fellows of Magdalen College in Oxon, sent from Windsor, dated the 25th of September, 1687.  
To the First. WE cannot, without violence to our Consciences, and deliberate Perjury, admit any person to be Precedent of our College, that is not elected thereunto, and qualified according to our Statutes; whereby the Bishop of Oxon is in no sort capable; nor is there any Memorial in all our Register of any admission of a Precedent without Election, but of one Dr. Nicholas Bond, whose case was as followeth, (viz.) Upon the death of Dr. Laurence Humphreys, about the 30th or 32th of Queen Elizabeth's Reign, the Queen recommended Dr. Bond (being a Fellow of our College) to be Elected Precedent. Many of the Fellows inclined in their judgement to Elect one Smith (another of the Fellows) and at their meeting for Election, the Contention was so great, that they rose without Electing, and the Obstinacy continued till the place became lapsed: And there being no provision in our Statutes to direct us what to do in such a Case, the Queen, by her Letters Patents, Constituted the said Dr. Bond to be Precedent; and therein declared, That her Majesty being informed that the Fellows had neglected to make Election of a Precedent in due time, (as their Statutes required) and those Statutes having made no provision for such an Omission, She, out of her Princely care for the place, and indulgence for those persons who had been guilty of that neglect, did by advice of the Bishop of Winton, their Visitor, Constitute Dr. Bond their Precedent; with protestation nevertheless, that She did not thereby pretend to supersede their Statutes, or invade their Right of Election, which was thereby invested in them, but took this course as the only means left to supply their Defect of Election.  
To the Second. We must not make ourselves guilty of deliberate Perjury, for any considerations whatsoever, both in respect to our Consciences, and that we may not by such a Breach upon our Statutes, expose our Constitution to a Forfeiture, nor do Evil that Good may come on it.  
To the Third. We conceive we shall be more acceptable to all good men, for acting honestly according to our Consciences, than for voluntarily and unjustly departing from our Right.  
To the Fourth. We pretend not to make it a Question, whether his Majesty, by his Authority Royal as Supreme Visitor, can grant a Commission for Visitation of any College that has a Local Visitor by their Statutes, and are not Royal Foundations: But we are advised, that no Commission can be granted under the Great Seal to Visitors, to place and dis-place Members of Colleges (whose places are Freeholds) ad libitum, or discretum; but they must proceed according to legal discretion, that is, by the Laws and Statutes of the Land, and the Local Statutes of the College. And places concerned for the Headships and Fellowships of Colleges, are Temporal Possessions, and cannot be impeached by Summary Proceedings. One Dr. Thomas Loveney Precedent of our College, was deprived in Queen Elizabeth's time, by the Bishop of Winton, the Legal Visitor thereof Established by Royal Authority, and he appealed to the Queen; but by the advice of all the Judges, it was held, that the Queen by her Authority, as Supreme Visitor, could not meddle in it, but he must bring Westminster-Hall, because Deprivation was a Cause merely temporal. The King has a great Authority Spiritual as well as Temporal; but no Commissioners can be authorized by the Crown to proceed in any Commission under the Great Seal or otherwise, but according to Law; in Spiritual Causes by the Canon Law, in Temporal by the other Laws and Statutes of the Land. And wherein the proceedings in some Commissions are directed to be summary & de plano, etc. those words are to be applied to shorten the Forms of Process, and not for matter of Judgement: for Magna Charta provides for our Spiritual Liberties, as well as our Temporal.   

AN Account of the VISITATION OF St Mary Magdalen College in Oxon.  
ON Oct. 19th, Mr. Atterbury the King's Messenger, fixed a Citation on the College and Chappel-Doors, requiring the Pretended Precedent and Fellows, and other Members of the College to appear before the Lords Commissioners, Bishop of Chester, Lord Chief Justice Wright, and Mr. Barron Jenner, in the Chapel, at Nine of the Clock on Friday-morning, November 21st.  
On Thursday the Lord's Commissioners came to Oxon, attended with three Troops of Horse which Quarter there.  
On Friday- Morning at Nine they went into the Chapel; the Precedent and Fellows thinking they had designed to fit in the Choir, made no preparation of Seats in the outward Chapel; upon which their Lordships adjourned to the Hall, where their Commission was then read, which in general was the same with the former: These three being added to the other Lords Commissioners, and particularly empowered to visit Magdalen College only.  
This done, the Names of the Precedent and Fellows were called over, Dr. Hough being first called. All in Town appeared, (except Dr. Fairfax) and excuses were made for the absent.  
Then a Speech was made by the Bishop of Chester, and in it his Lordship was Severe against Disloyalty and Disobedience. He urged that the Church of England taught an unconditionate and unlimited Obedience; He spoke of the King's Gracious Promises to Arch-Bishops and Bishops, etc. which had deserved thanks on bended Knees, notwithstanding the Oxon Reasons to the contrary which they knew best who was the Author thereof. He told them that it could not be expected, but that the King would give all encouragement to those of his own Religion, which could be done without severity and cruelty which His Majesty abhorred, and without injuring the Church of England, which was at present established by Law: He told them that this Corporation as well as others were the Creatures of the Crown; and that it was insolence in their Local Statutes to spurn against their Maker.  
That their Distempers had brought this Visitation upon them, the Consequences of which might be ill to the Church and Universities: That however they might escape in this World, these Sins were to be accounted for above their other Sins in the next. He Exhorted them by the Bowels of Christ to consider these things: He told them, that the Eyes of the World were upon them, and they ought to take care that their Practices might not influence their deluded admirers. In short, the whole design of the Speech seemed to be promises and threats, to aim at the inducing them to a compliance.  
The Court was then Adjourned till Two in the Afternoon.  

In the Afternoon were called over the Names of the Demoys, chaplains, Clerks, Choristers, and College Servants. The Precedent then interposed, desiring leave to speak before they proceeded any further; which being granted, he told their Lordships: That  Precedent. 
THE time betwixt your Citation and Appearance was so short; that the Society had not time to advise with the Council how to behave themselves on this Occasion: Therefore desired of your Lordships a Copy of the Commission, and time to consider of it.  Bishop Ch. 
'Tis upon Record, you may have it above.  Pr. 
Is it the same the other Lords Commissioners had?  Bish. Ch. 
Yes for the most part it is.  Pr. 
Then my Lord, I do assure you (and will make Oath if you please) that I have often endeavoured to get a Copy of it, and could not procure it.  L. C. J. 
Have you not heard it Read, or will you hear it again?  Pr. 
I am not capable of making a Judgement of it myself, but it is possible there may be Errors and Defects in't, such as the Society may make use of to their own advantage, and I am confident it is neither his Majesty's intention nor your Lordships we should be debarred from it.  
A Copy was then denied.  Bish. Ch. 
Dr. Hough, will you submit to this Visitation?  Pr. 
My Lords, I do declare here in the name of myself, and the greater part of the Fellows; that we submit to the Visitation, as far as it is consistent with the Laws of the Land, and the Statutes of the College, and no further. I desire your Lordships that it may be Recorded.  
This was twice Repeated.  L. C. J. 
You cannot imagine that we Act contrary to the Laws of the Land, and as to the Statutes the King has dispensed with them: Do you think we come here to act against Laws.  Pr. 
It does not become me (my Lords) to say so, but I'll be plain with your Lordships; I find that your Commission gives you Authority to change and alter the Statutes, and make new ones as you think fit: Now my Lords we have an Oath, not only to observe these Statutes (laying his hand on the Book) but to admit of no new ones, or alterations in these; This must be my behaviour here, I must admit of no alteration from it, and by the Grace of God never will.  Bish. Ch. 
Do you observe all these Statutes?  Pr. 
Yes, my Lord, I hope we do.  Bish. Ch. 
You have a Statute there for Mass, why don't you read Mass?  Pr. 
My Lord, the matter of this Oath is unlawful; and in such a case, no man is obliged to observe an Oath: Besides, the Statute is taken away by the Laws of the Land.  Bish. Ch. 
By what Law?  Dr. Stafford. 
By that which obliges to say Common-Prayer.  Bish. Ch. 
What, the Act of Uniformity? I have often considered it, and done't remember one word of Mass in it.  Dr. Staff. 
But that obliges us to use the Liturgy of the Church of England, in all Collegiate Churches and Chapels: And, I hope, my Lords, you do not imagine that we can say Common-Prayer and Mass together.  Bish. Ch. 
Do you allow that Act of Parliament can free you from the obligation of a Statute.  Pr. 
I do not say, but that his Majesty may alter our Statutes, nor do I know but a Parliament may do the same; I dispute not their Power: only this, my Lord, I say, that I who already have taken an Oath to observe these Statutes as they now stand, and am sworn not to admit of any change or alteration by any Authority whatsoever, [And then turning to the Oath where they were to observe these Statutes and no other, according to the Literal and Grammatical sense, etc. and reading it to their Lordships.] can obey none: But then those who come after such Limitations and Restrictions are made, are not obliged to observe 'em; and that, my Lords, is our Case, as to the Statutes of the Mass.  
Then the Decree of the 22d of June was read, declaring the President's Election Null and Void.  Bish. Ch. 
Did you know of this Commission, etc.  Pr. 
Yes, my Lord, I have heard of it.  Bish. Ch. 
Why then did you not obey it?  Pr. 
I was never Cited before their Lordships, nor was either heard by them in Person or Proxy; and I think I am the only instance that is extant, of any man that was ever deprived of a freehold, wherein he was legally invested, and of which he was quietly possessed, without being Summoned or Herd.  
Here mention was made of Dr. Fairfax's Suspension.  Pr. 
My Lord, He is absent, and if your Lordships give me leave, I have somewhat to say on his account; your Lordships may please to observe in that Decree, that the reason given, why Dr. Fairfax was Suspended from his Fellowship, was, because he had not obeyed his Majesty's Command, in not Electing Mr. Anthony Farmer Precedent of the College: Now the Charge of Immorality given in against Mr. Farmer by the College; Delegates was made out, and their Lordships fully satisfied in it, on the 29th of July▪ notwithstanding which, this Decree for Suspension of Dr. Fairfax, was fixed on the College-gates, August 2d.  Bish. Ch. 
The King hath for the most part recommended to the Presidentship of this College.  Pr. 
I am the Twentieth Precedent, and only four of that number hath been recommended by the Kings and Queens of England, whereof three were every way qualified for that Office.  Bish. Ch. 
Who were those?  Pr. 
My Lord, there was one in the time of Edward the Sixth one in Queen Elizabeth's, and two in the late King's Reign.  Bish. Ch. 
Was there never a one in King Charles the First's Reign?  Pr. 
Not that we know of.  Bish. Ch. 
What think you of Dr. Oliver?  Pr. 
It doth not appear to us, my Lord, that he ever had a Mandate.  Bish. Ch. 
But it appears to us, and that I will bring you one to swear, that he had a Mandate.  Pr. 
The truth is, we have lost the Register of Dr. Oliver's Election and Admission; the Register betwixt the Year 1640, or thereabouts, and 60 being taken away by those who were turned out of the College at that time; but I believe, my Lord, we are able to prove that he was Elected and Admitted according to Statute.  Bish. Ch. 
Was Dr. Clark a Statutable Person?  Pr. 
Yes, my Lord.  Bish. Ch. 
Do not the Statutes require that he should be in Orders? was he in Orders?  Pr. 
My Lord, the Statutes only require that he should be Doctor of Divinity, Physic, Law, or Master of Arts: There is indeed one Statute which says, The Precedent or Seniour Fellow should Read Prayers upon such certain Days; from whence we conclude, that the Founder supposed we might have a Precedent that might not be in Orders; and in such a case he takes care that the Seniour Fellow should do his Duty.  Mr. Char. 
My Lord, will you be pleased to ask Dr. Hough, whether Dr. Clark was Married or not?  Pr. 
No, Sir, he was a Widower.  
Then a Petition was read from the Society to his Majesty, signed the 9th of April, and presented the 10th to the Earl of Sunderland, by the hands of Dr. Thomas Smith and Captain Bagshaw, wherein 'twas set forth, that having heard that his Majesty would recommend Mr. Farmer to them a person uncapable; they did humbly beseech him either to leave them to a free Election, or to recommend a qualified person.  Bish. Ch. 
Was this the Petition? Answer, Yes.  Bish. Ch. 
Why then did you not stay for his Majesty's Answer?  Pr. 
My Lord, We did till the very last day wherein we are limited to finish the Election; and my Lord Sunderland returned, in the King's name, this Answer, That his Majesty expected to be obeyed. Now, my Lord, we did no longer defer the Election, because our Statutes enjoin us within such a time, and we stayed to the utmost. Nor could we choose the person his Majesty did recommend, knowing him to be so unfit, as we afterward made him appear to be. The Society was therefore to proceed to the Election of another person, and did agree on such as you see.  Bish. Ch. 
A Mandate always implies an Inhibition.  Pr. 
My Lord, I cannot conceive that,  Bish. Ch. 
But I can; and if you question it, here's the King's Council ready to argue it.  Pr. 
My Lord, Whilst the person his Majesty recommends appears duly qualified for the place, it seems indeed to imply that we should not proceed to the Election of another; but when he is known to be utterly uncapable, it seems to be the same as if there were no Letter at all.  
Some other things and questions less material were put, and then the Court was Adjourned to Saturday the 22d, nine in the morning, to the common Room, the Hall being (as they said) too public and incommodious.   

SATURDAY, October 22d, 1687.  
As soon as their Lordships met in the common Room, and the Society before them, the first word was Withdraw; and after a little time, the Precedent was called in alone.  Bish. Ch. 
DO you submit to the Decree of the Commissioners, whereby the Election is declared Null?  Pr. 
As to that Decree of the Lords above, it is a Nullity in its self from the beginning to the end, as it relates to me, I never having been Cited, nor having ever appeared before them, either in Person or by Proxy: Besides, my Cause itself was never before them; their Lordships never enquiring or ask one question concerning the Legality or Statutableness of my Election: for which reasons (as I am informed) that Decree was of no Validity against me, according to methods in the Civil Law: But if it were, I am possessed of a freehold, according to the Laws of England, and the Statutes of the Society, having been Elected as Unanimously, and with as much Formality as any one of my Predecessors Precedents of this College, and afterwards Admitted by the Lord Bishop of Winton, our Visitor, as the Statutes of the College require; and therefore I can't submit to that Sentence, because I think I cannot be deprived of my freehold, but by course of Law at Westminster-hall, or by being some ways incapacitated by the Founder's Statutes.  Bish. Ch. 
Will you deliver up the Keys of the President's Office and Lodgings, to the use of that Person whom the King has appointed your Precedent, as the Statutes require.  Pr. 
I will immediately do it, if that appear.  Bish. Ch. 
Turn to that part of the President's Oath where he promiseth to submit quietly if he shall be Expelled, either for his on Fault vel ob aliam Causam.  Pr. 
My Lord, That Statute only concerns me, if I am Expelled for any fault committed by me.  Bish. Ch. 
Vel ob aliam causam?  Pr. 
Then, my Lord, to be short, here is no cause at all.  Bish. Ch. 
I ask you again, Will you deliver up the Keys to the Precedent whom his Majesty hath appointed?  Pr. 
There neither is nor can be a Precedent so long as I live, and obey the Statutes of the College; and therefore I do not think fit to give up my Right, the Keys and Lodgings.  Bish. Ch. 
We may demand them of you as Visitors.  Pr. 
My Lords, we never deliver up the Keys to the Bishop of Winton; and we own no greater Visitatorial Power than his, he hath the King's Authority. 'Tis by Verttue of a Royal Charter that we live together, and enjoy the benefit of this Place, that impower'd our Founder to give us a Rule, and obliged us by Oath to act suitable unto it: and the Bishop of Winton is hereby constituted to be our Visitor; and all this we own from the King's Authority. The Bishop of Winton is our ordinary Visitor; the King (I presume) our extraordinary. But your Lordships know it hath been controversed, Whether the King can visit a private College or not? The Authority of the Precedent is made by delivering up the Statute-Book, and Keys; and therefore I look upon them as an essential Badge of my Office.  
But I humbly beg that I may ask your Lordships one Question.  
Your Lordship is pleased to demand of me to give up these things: Does your Lordship own my Right? For if not, which is it your Lordships would have me give up?  Bish. Ch. 
No, we look upon you as an Intruder.  Pr. 
If I am an Intruder, the Bishop of Winton made me one, and I thank God for it. My Lords, the time we have been allowed for this appearance, has been very short, but one day betwixt it and the Citation: We are men ignorant in the Laws, and I must confess it of myself in particular, that I have endeavoured to give your Lordships a plain and satisfactory Reply to such Questions as your Lordships have been pleased to put to me. It is very probable that through ignorance and inadvertency I may express myself unwarily: If so I beseech your Lordship let no advantage be taken of it, my intention has been always to express myself with all imaginable Duty to the King, and Respects to your Lordships. If I have done otherwise, I beseech your Lordship's Candour in a favourable Interpretation of what I said, that nothing may be taken amiss, where all was dutifully intended. And now my Lords, thus far have I appeared before you as Judges; I now address to you as Men of Honour, and Gentlemen, I beseech you to represent me as dutiful to His Majesty to the last Degree, as I always will be, so far as my Conscience permits me, to the last moment of my Life; and when I am dispossessed here, I hope your Lordships will interceded, that I may no longer lie under His Majesty's Displeasure, or be frowned upon by my Prince, which is the greatest Affliction can befall me.  
Upon this the Precedent was ordered to withdraw, and after a little time, he and the Fellows were called in again. Then the Bishop repeated this Question.  Bish. Ch. 
Dr. Hough, Will you deliver up the Keys, and quiet possession of the Lodgings, to the Person whom His Majesty has appointed Precedent? To which no Answer was returned. The Bishop repeated a Second time.  Pr. 
My Lords, I have neither seen nor heard any thing to induce me to it.  Bish. Ch. 
Dr. Hough, Will you deliver up the Keys and quiet possession of the Lodgings, to the Person whom His Majesty has appointed Precedent▪  
Whereupon the King's Proctor stood up and accused Dr. Hough of Countumacy; then the Bishop of Chester admonished him in these Words; three times.  Bish. Ch. 
Dr. Hough, I admonish you to depart peaceably out of the Lodgings, and to Act no longer as Precedent, or pretended Precedent of this College.  
Which being so done, they struck his Name out of the Book, and admonished the Fellows, and others of the Society, that they should no longer submit to his Authority.   

SATURDAY, October 22d, 1687. OXON.  
Dr. Fairfax's CASE before the Commissioners.  
AT the first Session's Doctor Fairfax purposely absented himself; but Mr. Atterbury making Affidavit he was in Town, and that he advised him to appear, the Doctor accordingly did so the next day. The Doctor being called in alone, and the Doors immediately shut, he begged of their Lordships some Company might be let in; because, as all had observed the Bishop in his Speech, at the opening their Commission, promised to transact every thing in the face of the World. The Bishop complained of the Crowd. The Doctor then desired to fetch in but Two or Three, at length but One, and him at the Door, viz. The College Steward, a Public Notary.  Bar. Jen. 
You must not think to prescribe to the Court.  Bish. Ch. 
What's the Cause of your Contempt, in not appearing at either Sessions yesterday?  Dr. Fair. 
No Contempt my Lord, but for these ensuing Reasons.  
First, I thought my Suspension above had eased me of that trouble. The Doctor tendering a Copy of it, which was read by the Commissioners. The Doctor insisted very much on the Reason's their Lordship's, at White-Hall, gave for his Suspension. (viz) For not obeying His Majesty, in Electing Mr. Farmer, he tendering a Copy of Articles made good against him; and yet their Lordships ordered his Suspension to be fixed on the College-gates five days after that famous Hearing. Second Reason for his Non-appearance, that upon the first day of the ensuing Term, he intended to meet the Lord Chief Justice, at his Court of King's-Bench, for relief against the Sentence, his Fellowship being a freehold, witness Coveny's Case.  Bish. Ch. 
You will find but little Favour there.  Dr. Fair. 
My Lord, in Courts of Judicature, I only expect Justice, and turning to the Lord Chief Justice. I have, myself, said he, been above four years in all the Courts of Westminster-Hall, and found excellent Justice, and I will see how it is now.  L. Ch. Just. 
You shall have Justice.  Dr. Fair. 
But your Lordship may save me the labour of two Journeys, and my Charges, by improving your Lordship's deserved Interest with my Lords Commissioners there, and get them now to take off my Suspension: It is ill travelling at this time of year; and besides I am not rich.  Bar. Jen. 
To sue in Westminster-Hall requires a Purse.  Dr. Fair. 
My Lord, I did not say I was poor.  L. Ch. Just. 
You must make your Supplication, and Submission, to the King.  Dr. Fair. 
My Lord, they tell me that this business lies in your Lordship's Court, and only there, (besides the trouble I am otherwise to give your Lordship: What a noise will the cause make that Dr. Fairfax is suspended for this very reason, (viz.) not obeying the King in Electing Anthony Farmer, such a Virtuoso, and under correction, your Lordships are obliged to take off my Suspension, to take off the shame from that Body, whose number by a Common Adjunct you yourselves have lately increased.  Bar. Jen. 
We must not endure these Reflections on the Court.  Bish. 
But will you submit to this Visitation?  
Then Dr. Fairfax read a Paper subscribed by him, Dated October the 22d, in these words: My Lords, I have been Summoned, and appeared in this Cause before the Lords Ecclesiastical at White-Hall, with whom your Lordships are now joined in Commission; and then gave in my Answer: I have nothing to add to it, and find no reason to retract it.  
Henry Fairfax.  Bish. 
Will you admit of the Bishop of Oxford?  Dr. Fairf. 
I am Suspended.  Bish. 
Have you done no Collegiate-Act since your Suspension?  Dr. Fairf. 
My Lord, I have gone into the Hall, and laid in my Chamber: I did not think their Lordships, when they suspended me, ever intended that I should not eat, drink, or sleep.  Bish. 
If your Suspension was off, would you submit to the Bishop of Oxford:  Dr. Fairf. 
Truly, my Lord, I cannot do it.  
Then all the Fellows were called into Court.  
The Precedent being withdrawn, the Bishop put the Question to all the Fellows, (viz.) Whether they would assist at the Admission of the Bishop of Oxford to be installed Precedent by virtue of the King's Mandate? To which was answered by all the Fellows, to this effect: (except Dr. Pudsey, and Dr. Tho. Smith, who answered doubtfully, and Chernock that he would assist) That they were under Oaths to the contrary, and therefore could not do it.  
Then all were ordered to withdraw; and Dr. Pudsey being called in alone, they asked him concerning the Manner and Form of Installing a Precedent; which he instructed them in.  
The Court Adjourned till Two in the Afternoon.  
AS soon as they met, a Letter from the E. of Sunderland to Dr. Pudsey, was read, dated the 2d of August, signifying▪ That the Society, in answer to his Majesty's Letter commanding them to admit the Bishop of Oxford, agreed unanimously in this Answer, That the place was full. Their Lordships were pleased to ask the Fellows singly, Whether that was their Answer? And as many as were there, owned that it was.  
During this Examination, the Precedent came into Court, and having waited until it was ended, and their Lordships at a Pause, he made his Application to them: My Lords, if your Lordships please to give me leave, I would gladly speak a few words. They were all pleased to put off their Hats, and say he might. Whereupon he said, My Lords, you were pleased this Morning, in pursuance to a Decree of the Lords Commissioners at London, to deprive me of my place of Precedent of this College, and to strike my Name out of the Buttery-book: I do hereby protest against all your Proceedings, and against all that you have done, or hereafter shall do in prejudice of me and my Right, as Illegal, Unjust, and Null: and therefore I appeal to my Sovereign Lord the King in his Courts of Justice. Upon which the Strangers and young Scholars in the Room gave a HUM; which so much incensed their Lordships, that notwithstanding all the Protestations the Precedent and Fellows could make, the Precedent in particular offering to purge himself by Oath, that he was no way accessary to or abetting of it, and declared that he was heartily ashamed and troubled at it; yet the L.C.J. was not to be pacified, but charging it upon the Precedent, bound him in a Bond of 1000 l. and Security to the like value, to make his Appearance at the Kings-Bench-Bar, the 12th of Nou.  
After this, was read the Answer the Fellows returned to his Majesty upon his Command to them upon the 4th of Sept. to elect the Bishop of Oxford: the Answer was under the hand of a public Notary, subscribed by all the Fellows then present, except Mr. Chernock. The Bishop of Chester was pleased to charge the Fellows of Unmannerliness, for sending such an Answer to their Prince after such a manner.  
So they Adjourned till Tuesday the 25th, at Eight in the Morning.   

TUESDAY the 25th of October.  
WHen the Court met, Dr. Stafford offered a Paper in answer to what was objected on Friday, that a Mandate implied an Inhibition; which their Lordships having perused, would not suffer to be read publicly, but asked the Fellows whether they would sign it, bidding them to do it at their peril.  
Then the Fellows had leave to withdraw into the Hall, and not being satisfied that it was necessary to sign a Plea, which their Lordships refused to have argued, they returned the Paper into the Court, subscribed only by Dr. Fairfax and Dr. Stafford. The latter, after some debate, desired to withdraw, but Dr. Fairfax stood to it.    

A Copy of Dr. Stafford's and Dr. Fairfax's PLEA.  
To the Right Reverend and Right Honourable his Majesty's Commissioners for the Visiting of St. Mary Magdalen College in Oxford.  
May it please your Lordships,  
ON Friday last, in the afternoon, you seemed to insist very much on this, (viz.) That his Majesty in commanding the Fellows of the said College to Elect Mr. Farmer Precedent, did thereby inhibit them to Elect any other Person whatsoever; which has not yet been made appear to be Law, either out of the Books of Civil, Canon, or Common Law. Neither is it agreeable to Reason, that a Command to Elect a Person uncapable, should include in it an Obligation not to Elect a Person capable, that being a kind of contradiction in ternimis. Yet this being granted, it cannot in the least affect the said Fellows, or invalidate their Election of Dr. Hough, notwithstanding his Majesty's Mandate in behalf of Mr. Farmer, who being incapable of the place, the Fellows cannot be said to be guilty of any Disobedience or Disloyalty, in proceeding to the Election of another Person who was qualified according to Statute, being forced to make an Election. For they are obliged by the Statutes of their College, (when called together) to Elect a Precedent, or any Officer under pain of perpetual Expulsion from the College, to meet and make an Election; which punishment they incur ipso facto, who either refuse to meet when so called, or being met, to nominate or elect a person into the Office void, as appears by the Statutes of the said College: Titulo de numero Scholdrium & electione Praesidentis. Now, according to the Founder's direction in the said Statute, on the 15th of April last, the Fellows were called together by the Vice-President to Elect a Precedent in the place of Dr. Clark deceased, and the Oath desired to be taken before the Election was administered by the Vice-President to them, whereby they are obliged to nominate and elect a person that either is or has been Fellow of Magdalen College or New College in Oxon; which Oath when the Fellows had taken, it was not in their power to elect Mr. Farmer; and yet they were then obliged to make an Election under pain of perpetual a motion from the College, as appears by the forecited Statute. And it cannot be imagined that his most Sacred Majesty did expect that the Fellows should be either perjured, or forfeit their Right to their Fellowships, rather than disobey his Command; his Majesty having most graciously declared, that Conscience ought not to be forced, and that none of his Subjects should be molested in the enjoyment of their Rights and Privileges, etc. Now that our Proceedings at the Election cannot lay any imputation of our Disobedience or Disloyalty upon us, will thus be made appear: Either we had the power to Elect a Precedent, or we had not; if we had not, to what end or purpose did his Majesty command us to elect one? if we had, our power was either restrained to Persons so and so qualified, or we were at liberty to choose whom we pleased; but we could not do the latter, as appears by our Statutes: and therefore we could not elect Mr. Farmer, being not invested with any power to elect a Person unquallified. And if we had so done, our Election would have been null and void in itself, and the Person elected liable to be turned out by our Visitor.  
As for the Decree of his Majesty's Commissioners (in pursuance of which your Lordships have admonished Doctor Hough to receded from the place of Precedent, and quietly to resign the Keys of his Office, and have struck his Name out of the Colledge-Book) we humbly conceive it to be null and void in itself, to all intents and purposes, Dr. Hough being thereby deprived of Freehold for life, (of which he was duly and legally possessed) without ever being called to defend his Right, or any Misdemeanour objected against him. Wherefore we humbly beg leave of your Lordships, that Dr. Hough may be permitted to defend his Right and Title to the Presidentship at Common Law, before any other Person is put in possession of the place.  
Thomas Stafford. Hen. Fairfax.  
After this Mr. Wiggins, Chaplain to the Bishop of Oxford, was called in, who delivered a Paper impowering him as Proxy, to be Installed Precedent for his Lord; which being read, together with the King's Mandate for the Bishop of Oxon; which Letters is as follows. The question was put to two or three of the Seniors, Whether they would assist at this Instalment? which they refusing, the Court Adjourned to the Chapel, where the Bishop of Chester put Mr. Wiggins into the President's Stall, where he took the Oath which the Statutes enjoin the Precedent at his Admission, and the Oaths of Allegiance and Supremacy; the latter of which he was ordered to take upon his Knees, which he accordingly did. Then their Lordships conducted him to the Door of the President's Lodgings, where knocking three times, and the Door not being opened, they returned to the Common Room, and Commission'd Atterbury and a Tipstaff, to fetch a Smith to force it open, which was done, their Lordship's being present all this while. None of the Fellows, except Mr. Chernock, assisting, or being so much as present at either of these performances. Then the Commissioners being returned to the Common Room, Dr. Fairfax desired leave, at their leisures, to speak; which was granted.  Dr. Fairf. 
My Lords, your Lordships have been doing of what I can by no means consent to.  Bish. Ch. 
You are big to be delivered of your own destruction. Will you submit to the Bishop of Oxon, as now installed, Precedent, by virtue of the King's Mandate?  Dr. Fairf. 
I will not; I cannot; because we have a Statutable and legal Precedent already.  
Then the same Question was put to the Society, which being a business of moment, they desired time till the Afternoon to consider it.  
Then the Court Adjourned till Three a Clock; at which time the Answer was given in by the Society, (except Dr. Fairfax, who had given his in the Morning) That whereas His Majesty hath been pleased by his Royal Authority to cause the Right Reverend Father in God, Samuel Bishop of Oxon, to be Installed Precedent; we whose Names are hereunto Subscribed, do submit, as far as is lawful and agreeable to the Statutes of the College, and no way prejudicial to the Right and Title of Dr. Hough.  
This Answer was accepted, except the last Clause; which the Lord Chief Justice, and Baron Jenner, declared, as Judges, to be insignificant, since nothing they could do, could any way invallidate Dr. Hough's Title, but left them still at liberty to be Witnesses for him, or any other way be serviceable to him in the recovery of his Right. Upon this assulrance, the Society was prevailed with to cave out the last Clause.  
Then all were commanded to withdraw: And Dr. Fairfax being called in, the Bishop asked him what he meant by his Paper abovementioned, Date October the 22d; and whether he did submit to the Authority of the Court?  Dr. Fairf. 
As I have denied it above, so I do here.  
Then the Court was opened; and the Doctor complained before them all, that he was twice Closseted, and being asked, Whether he would obey the Court and Bishop of Oxon? he plainly denied both. Upon which the Buttery-Book was called for, and the Bishop of Chester commanded his Name to be struck out: And this Sentence passed, Viz.  
Forasmuch as you have denied the Authority of the Court, and refused to obey the Bishop of Oxon, whom the King hath made your Precedent; and taken Commons after your Suspension: We declare your place void, and command you quietly to depart the College within fourteen days.  Dr. Fairf. 
My Lords, all the huge Calamities that have befallen me, are of the sole account of a Religious and Conscientious Observation of our Pious Founder's Statutes; whose Bread I have eaten almost this Thirty Years.  L. C. J. 
No Speeches: besides, if you have any Papers, instead of reading them, leave them in the Court.  
Then, with much ado, the Doctor prevailed with them to let him read his Protestation, which he left in the Court.—  
ay Henry Fairfax, Fellow of St. Mary Magdalen College, do under my former Answer heretofore made, and to the intent it may appear that I have not consented, nor agreed to any thing done against me, and to my prejudice, I protest that your Sentence given here against me, is Lex nulla, and so far as it shall appear to be aliqua; I do say it is iniqua & injusta, and that therefore I do from it, as iniqua & injusta, appeal to our Sovereign Lord the King, in his Courts of Justice, as the Laws, Statutes, and Ordinances of the Land will permit in that behalf. Subscribed  
Oct. 25, 1687. Henry Fairfax.  
This Protestation was overruled, and a Copy of the Sentence denied, though most earnestly desired at the instance of Dr. Hedges, and Mr. Vicechancellor, two days after.  
At the close of the Sessions, their Lordships declared, that they were very well satisfied with the Answer the Soiety had given them; and though before they had laid a Libel to their charge, yet, that Night, they declared, they had met with nothing from them but Civility, and that they should receive the same from them; that they had shown themselves men of excellent tempers this day and before; and that they would represent it faithfully above to their advantage, and that if it any way lay in their power to serve them, they should be very ready to do it.  
Then they Adjourned till Wednesday-Morning, ordering them to bring in their Answer to the following Questions:  

I. What Gifts and Provisions have you for Entertainment of Strangers?  
II. What is the Value of it?  
III. How is it applied?  
IU. And where is the Place of Entertainment?    

WEDNESDAY, Octob. 26, 1687.  
IN the Morning they made it appear to their Lordships very satisfactorily, that they were obliged to give in Charity-money, 2 l. 3 s. 4 d. and that besides that, they gave communibs annis, almost 100 l. as appeared by a Paper they then delivered in. Upon this their Lordships were pleased to expatiate upon their generous Bounty and Liberality, saying the Compliment of this Account was groundless, and that it would induce the King to a better belief of them in all other matters.  
Then a Petition of Dr. Rogers, late Organist, was given in, desiring to be restored, which was read; but several Misdemeanours being proved against him, it was thrown out; and he advised to rest satisfied with 30 pound per annum, which the College had bestowed on him when they turned him out of his Place.   

THURSDAY, Octob. 27, 1687.  
THis Morning they received a List of Leases, etc. which had been renewed two years last passed: Mr. Chernock, the new Convert, asked their Lordships, Whether those Leases stood good, which had been Sealed since Dr. Hough's Election? The Lord Chief Justice answered, Yes; for Corporations always stick by their Seals. Then their Lordships perused the College Registers, and finding nothing in them to object against, they were returned, and the Court Adjourned till the Afternoon: At which time their Lordships told them, That having received no Express from above, as they expected, they would Adjourn till Friday at Eight in the Morning.   

FRIDAY, Octob. 28, 1687.  
THe Commissioners being Seated, all were commanded to withdraw: then only the Fellows were called in, and the Bishop of Chester said they had represented them fairly to the King; but that His Majesty expected some farther Submissiion, which they advised them to make, by acknowledging their contempt to His Sacred Majesty in Person, and to His Letters; and that they should promise to behave themselves Loyal for the future; and that they should some ways own the proceedings and legality of the Court, and implore His Majesty's Pardon, and lay themselves at His Feet.  
The Fellows making a little pause, the Bishop of Chester told them, they might Word it themselves; or if they thought fit Mr. Tucker should assist them in a Form. Then all the Fellows withdrew into the Hall, and drew up the following Answer:  
May it please your Lordships,  
WE have endeavoured in all our Actions, to express our duty in all humility to His Majesty, and being conscious to ourselves, that in the whole Conduct of the business before your Lordships, we have done nothing, but what our Oaths and Statutes indispensably oblige us to, we cannot make any Declaration, whereby we acknowledge that we have done any thing amiss, having acted according to the Principles of Loyalty, and Obedience, so far as we could, without doing violence to our Consciences, or prejudice to our Rights, (one of which we humbly conceive the Electing a Precedent to be) from which we are sworn upon no account whatsoever to depart. We therefore humbly beg your Lordships to represent this favourably, with our utmost Duty to His Majesty, whom God grant long, and happily to Reign.  
Upon their Lordship's perusing of the answer, they expressed their dislike of it, saying, it did not come up to the Address sent to his Majesty at Bath which was read; to this it was replied, that they hoped their behaviour since, had been every way answerable to what they had therein promised. Then their Lordships said, that it did not come up to what they delivered in on Tuesday.  Dr. Bayly. 
My Lords, we have acted conformable to ourselves, and truly my Lords, I cannot possibly confess any crime.  Bish. 
We do not expect of you to confess any Capital crime, only to make some acknowledgement.  Mr. Fulham. 
My Lord, We were ordered to address ourselves, as having acted in contempt of his Majesty's Authority, which my Lord, I look upon as so great a crime; that on no account I would be guilty of it. My Lord, we have endeavoured to obey His Majesty to the utmost of our power, and seeing your Lordships were pleased to accept our answer on Tuesday, I humbly conceive your Lordship's Honour is engaged, that nothing further be required of us.  Bish. 
You are a very forward speaker, and abound in your own sense.  Mr. Fulh. 
My Lord, I hope Your Lordship will give me leave to speak, when our Fortunes are so considerably at stake—  
Then Dr. Bayly desired of their Lordships, to give him leave to explain, what he meant by the word Submit in his Answer on Tuesday; because (saith he) I hear your Lordships understood more than was meant, and lest your Lordships should go away under a mistake, by the word Submit in the former Answer, I did not intend any future Obedience to the Bishop of Oxford; but meant it in reference to the King's Authority, inasmuch as I did not oppose or resist the Bishop of Oxford's instalment.  
Upon this, a fresh question was put to the Fellows, whether they would obey the Bishop of Oxford as their Precedent in licitus & honestis; to which all except one or two answered, they could not obey the Bishop of Oxford as their Precedent.  
Then Mr. Fulham was particularly asked the question.  Mr. Fulham. 
Dr. Hough being duly Elected and admitted Precedent doth thereby obtain a right, which I am not satisfied he hath any way forfeited, and therefore can obey no person as Precedent.  Bish. Ch. 
Will you obey the Bishop of Oxford as in Possession?  Mr. Fulh. 
I cannot, because the Bishop hath not lawful Possession.  
Then he was asked wherein?  Mr. Fulh. 
He hath not Possession in due form of Law, nor by proper Officers: I am informed that the proper Officers to give possession of a Freehold, is the Sheriff with a Posse Comitatus.  L. C. J. 
Pray, who's the best Lawyer you or I? Your Oxford Law is no better than your Oxford Divinity: If you have a mind to a Posse Comitatus, you may have one soon enough—  Mr. Fulh. 
My Lords, I intended nothing but respect to your Lordships, and have endeavoured to speak and behave myself with due reverence, and I hope your Lordships will put a favourable construction on what I said—  
Then all were commanded to withdraw, and the Buttery-Book was called for, and after that, Mr. Fulham was sent for in; and by the Bishop of Chester suspended as followeth—  Bish. of Ch. 
Mr. George Fulham, We have thought fit to Suspend you from the Profits of your Fellowship during His Majesty's Pleasure, for your contempt and opprobrious Language—  
Then they Adjourned till Wednesday, the 16th. of November, Ordering the absent Fellows to be sent for home against that time. So they immediately went for London.   

WEDNESDAY, November the 16th. 1687, at Nine in the Morning.  
THE Lords Commissioners being sat: The first thing they did, sent for the Buttery-Book; then called for Mr. joiner and Mr. Allibone, and entered them Actual Fellows. The former in the Room of Dr. Fairfax whom they had Expelled; The latter in place of Mr. Ludford lately deceased: All Oaths being dispensed with besides that of a Fellow. That done the Fellows being called, and Reasons given in for those that were absent. The Bishop of Chester spoke a Speech to this effect.  
Gentlemen, Your many Contempts, and wilful Disobedience, have occasioned this Visitation, which will end at last in your ruin. This Society of yours has been long exercised in the Methods of Quarrelling; has always been troubled with Factious Spirits, and testy Mutineers, ever since the Restoration of the late King: You have encouraged Quarrels among yourselves; Quarrels between yourselves and Precedent; Quarrels, at length, between yourselves and Visitor. For I have often heard your late Visitor complain, that this Society was ever stocked with an unquiet and turbulent Generation. By these steps from quarrelling with the Precedent, and Visitor, you have at last advanced to the highest pitch of Insolence, to quarrel with your Prince, and affront His Sacred Majesty. I endeavoured before, at the opening Our Commission, to make you sensible of the Scandal that your Disobedience will bring upon your Religion; how much you slain and dishonour your liberal and ingenious Education, in this Society.  
You cannot but know His Majesty is your Supreme Ordinary. You cannot but have read in Bracton, who was twenty years' Lord Chief Justice under King Henry the third: Nemo Presumat de factis ejus disquirere ne dum contra factum ejus venire: All Disobedience employs Pride: For no man can disobey his Governor, but he who thinks himself wiser. The Reputation and Honour of a Prince at home, and His Respect abroad, are chief Standards of a Government. But these Pillars as much as in you lies, you have endeavoured to shake. And unless His Majesty's Honour and Right be vindicated by us, He can neither be feared at home, nor observed abroad. Your Punishment must be as public as your Crime. It cannot be conceived but His Majesty in Justice, in Honour, in Clemency, and in His Royal Tenderness, could have proceeded otherways than he has done. On the first of April it was published that Dr. Clark was dead: On the eleventh a Mandamus was directed to you, for choosing Mr. Farmer. On the ninth you presented a Petition to the Lord Precedent: wherein you laid yourselves prostrate at His Majesty's Feet, representing to him the incapacity of Mr. Farmer, desiring the benefits of His Gracious Declaration for preserving your Rights and Properties, and beseeching him to Nominate another person qualified according to your Statutes, in the Election of whom you would show your ready obedience. So said and so done, Gentlemen, had been very well.  
But immediately after the delivery of the Petition, you not waiting His Majesty's Answer, proceeded on April the 15th to an Election of Dr. Hough; So that by this Act, which was plainly contrary to His Majesty's Authority, whose Mandate did certainly imply an Inhibition; you directly confronted your former promises of ready obedience, and were resolved to give the King nothing but good words; when you had done this, as men of ill designs, are always in haste, for a confirmation of it, you immediately went and surprised your Visitor, and by that means persuaded him to confirm Dr. Hough, that very day he received an order from the Lord Precedent to the contrary.  
Upon this News the King was much amazed, and required an account of your Proceedings; therefore the Lords Commissioners issued out a Citation, and after hearing the Plea: Upon mature Consultation with the Learned of both Laws, judged the pretended Election of Dr. Hough to be void and null, and him to be removed, by an Instrument dated the which was affixed on the Gate. After this a Mandate was sent on the to you to Elect the Bishop of Oxon; upon which terms His Majesty was graciously pleased to dispense with your disobedience thitherto. But this being disobeyed, His Majesty in Person on the 4th of September sent for you to Christ-Church, and required you immediately to Elect the Bishop of Oxon President. You went straight to the Chapel, a place one would think should have inspired more Devotion and Awe of his Sacred Majesty in you; and there contemptuously Subscribed and Signed a Paper, directly thwarting his Majesty's Command. The ground of your disobedience you pretend that you could not Elect him, whereas you could not but know by a written Mandate that lay by you, that admission would have satisfied His Majesty Conscience the stale Topick of Rebellion was here brought to vindicate your petulant and contumacious behaviour. You pretended that you were obliged by Oaths, and I am sorry that at the same time you forgot that of Allegiance. And indeed there is not a greater sign of Hypocrisy, than partial obedience. Had you any respect to the Father of your Country, and your Mother the Church, you would have Sacrificed your pretended Scruples, as a peace-offering to to the King. The best of us I am sure, have reason to beg God and the King's pardon. But you, as if His Majesty Reigned by courtesy, would have a King under you, but none over you. You urged the observance of your Statutes, of which as it hath appeared, you have not been so constant observers, when your own humour prompts you to a dispensation, than you can readily embrace it; witness but that of being served per Masculos, by which great Scandals have come to this Society by reason of Bastards.  
But when the King interposed, in whose power alone it is to dispense with them, than you presently act according to such methods as these. None of these pretences will ease you with wise and sober men.  
This was the only opposition His Majesty in his Progress received: wherever his Sacred Majesty came, he worked a miraculous Conversion, except in Oxford; and so far satisfied every one with the equity of his Proceedings, that none went away discontented from his Presence, unless it was for this reason, that they could not enjoy it any longer.  
October the 20th, We came down, and upon opening our Commission, I took care to represent to you the heighnousness of your Offence, and to persuade you to a serious Repentance; but all in vain.  
For on Saturday-morning we required you to Admit and Install the Bishop of Oxon; which all, except three, refused: In the Afternoon Dr. Hough having been deprived, and by us commanded to depart the College, came unto us without any leave, but not without great Attendance; Circumstances, I think, much unbesitting a man pronounced Expelled; and there entered a PROTESTATION against all that we had done, or hereafter should do, as Illegal, unjust, and Null; which he delivered not in Writing, but by Word of Mouth: a thing repugnant to the nature of all Appeals: and which was worse, without the usual Salvo to His Majesty's Supreme Power. When he had spoken it, there followed such a Tumultuous, Seditious, and Insolent HUM, which if you yourselves had not applauded, or at least consented to it, was impossible but that you would have discovered some of those Mutineers. However, since his Carriage and Language gave occasion to it, 'twas thought fit that he only should be obnoxious; and accordingly he was bound over.  
On Tuesday we ourselves caused the Bishop of Oxon to be Installed by his Proxy; after which we proposed to you, Whether, being now Installed, you would submit to him licitis & honestis? To which you gave an Answer under your Hands in the Affirmative. You then also desired of us to represent your Case favourably to His Majesty, giving all assurance of your Loyalty and Obedience. But this assurance of Submission lasted not long; for on Thursday, being required of us to Subscribe such a Submission to His Majesty as we thought agreeable to your Duty, you required time to consult of it; and after deliberation, Signed such a Paper, which seemed rather to be a Protestation against your former Submission, than an Acknowledgement of your Crime. Upon this we might justly then have proceeded to an Expulsion: but we thought fit, in compassion to you, to take a Journey to London, and acquaint His Majesty with your Disobedience and ungrateful Behaviour. His Majesty was extremely amazed that His Clemency should be despised; but yet, to your comforts be it spoken, His Patience and Goodness extends as far as your Provocations can: But if you still persist in your Obstinacy, those that are too Tall to Stand, and too Stuborn to Bend, deserve to be Broken. And now, I think, I have said enough to let you know, that the Figg-leaves you have so artificially stiched together, are not sufficient to cover your Nakedness. I wish to God you had the same tenderness for your Concern, as His Majesty's Commissioners have for you. But if you still persist to oppose the Royal Power of the King, we, who are come to vindicate the Right and Honour of His Majesty, resolved to discharge our Consciences and Duties to God and the King, without any respect of Popularity; that's but the Paradise of Fools, and Scorn of Wise Men: and therefore, as for us, we have no more regard to People's dislike, than what they dream: By reason therefore of your late Hypocritical Submission, the Commissioners has thought fit, upon mature consideration, to draw up an Instrument which shall be read to you, to which, if you shall immediately subscribe, before you leave the Room, we shall leave you to His Majesty's Pardon: And this we expect from you all, except Mr. Tho. Smith and Mr. Charnock, with whose Behaviour the King is so well satisfied; that he expects no more from them.  
Then all the Fellows being called in, their Lordships tendered a Form of Submission to them to be Signed. Which take as followeth:   

To the KING's Most Excellent MAJESTY.  
The Humble Petition and Submission of the Fellows of St. Mary Magdalen College in the University of Oxon, whose Names are Subscribed.  
WE Your Majesty's most humble Petitioners, have a deep sense of being justly fallen under Your Majesty's Displeasure, for our disobedience and contempt to Your Majesty; and to the Authority of Your Majesty's Commissioners and Visitors; We do in all humility prostrate ourselves as Your Majesty's Fear, humbly begging Your Pardon for our said offences, and promising that we will for the future behave ourselves more dutifully, and as a Testimony thereof, we do acknowledge the Authority of Your Majesties said Visitors, and the Justice of their Proceedings; And we do declare our entire Submission to the Lord Bishop of Oxon as our Precedent.  
To which Paperall (except Dr. Thomas Smyth, and Mr. Chernock) refused to Subscribe.  
Dr. Aldworth as Vice President was first called in to sign the Paper which had been read to all the Fellows.  Vice Precedent. 
My Lords, we desire time to consider of it, and to give our answer in Writing.  Bish. Ch. 
No, You must every one Sign, or refuse as you are called.  Bar. Jennor. 
There is no answer to be given, but ay, or no.  
They all moved again for time, but 'twas refused.  V. Pr. 
My Lords, this is the first time of my appearance before your Lordships since your sitting here, and therefore I pray to be heard.  
My Lords, I am as ready to comply with the King's pleasure, as any man living; neither do I know, that we have ever in this place been disobedient to the King, where it was in our power to obey His Commands: Our Founder in the first clause of the Oath we take at this Election, has provided; that no one shall be Precedent of His College, but who was bred in it, or in the College where he himself was bred. Now for us who have Elected Dr. Hough, a Person qualified according to our Statutes, who has been Installed, Sworn, Confirmed, and Approved of in all the ways and manner prescribed in the Statutes for us. My Lords, to accept and admit of a Stranger, and a Foreigner in his place, is to the best of my understanding, a giving up the Rights of the College to other uses then the Founder designed it. Here he was interrupted.  Bish. Ch. 
Your Statutes are overruled by the King's Authority.  V. Pr. 
My Lords, Your Lordships sit here as the Visitors; which implies, there are certain Laws and Statutes we are bid to observe, and by which we are to be governed; and if it shall appear to your Lordships, that we have acted conformably to these Statutes, I hope we shall neither incur the King's displeasure nor your Lordships. The whole Tenor of our Statutes run, That we should inviolably maintain our Rights, and observe the Rules of our Founder; He has laid his Curse upon us if we vary from them. (Here he repeated the words of the Founder) Ordinamus sub paenâ Anathematis, & indignationis Omnipotentiis Dei, etc. Item sub interminatione Divini Judicis interdicimus.  Bish. Ch. 
Are you not to obey the King as well as the Founder's Statutes?  V. Pr. 
My Lord, I ever did obey the King, and ever will: Our Statutes which we are sworn to observe, are confirmed by several Kings and Queens before and since the Reformation, and as we keep them, are agreeable to the King's Laws both Ecclesiastical and Civil, and so long as we live up to them, we obey the King.  Bish. Ch. 
Your Statutes were never confirmed by His Present Majesty.  Dr. John Smyth. 
My Lord, Neither have they been repealed by His Majesty, and what is not repealed is confirmed.  
Then their Lordship's pressing to sign or refuse; the Vice President said,  V. Pr. 
My Lords, I'll then deal plainly, in regard to my Oath and the Statutes, to the right of all our Successors and of Dr. Hough, whom I believe to have been as fairly Elected, and as legally possessed as ever any since the Foundation of the College: I cannot submit to the Bishop of Oxon as Precedent. So he was ordered to withdraw.  
Then the same question was put to all the other Fellows singly, who all refused to sign the submission, (except Dr. Thomas Smyth and Mr. Chernock, who were not pressed for the Reasons above.)  
Mr. Thompson being called in to sign the Paper, said  Mr. Thompson. 
My Lords, I have been always obedient to His Majesty's Commands, I was not concerned in the Election of Dr. Hough; I voted for Mr. Farmer, and am ready to submit to the Bishop of Oxon.  Bish. Ch. 
Did you not put your hand to this Petition? Is not this your hand— Read the Petition— It was Read— In which the Fellows desired His Majesty, to nominate any qualified Person, and to retract His Mandate granted for Mr. Farmer.  Mr. Thompson. 
My Lord, I conceive the Petition not to be disobedient. We had not yet received the Mandate, as soon as it came, I humbled myself.  Bar. Jen. 
Then why can't you humble yourself again; is there any hurt in it.  Mr. Thompson. 
This Paper requires me to own my disobedience to His Majesty; I am not conscious of any, and therefore I cannot Subscribe.  
After a short time, all who refused to sign the Submission were called in, and by Sentence of their Lordships, expelled the College for Contempt, etc. (except as before)— After Sentence, all that were expelled spoke to this Effect:— My Lords, we prosess all Duty to the King and Respect to your Lordships, but must beg leave to declare; That we think ourselves injured in your Lordship's proceedings, and therefore protest against them, and shall use all just and legal ways of being Relieved—  
After a short time, an Instrument was fixed on the College-gates, in these words.   

By his Majesty's Commissioners for Ecclesiastical Causes, etc. particularly Authorized and Impowered to Visit St. Mary Magdalen College in the University of Oxon.  
WHereas in our Visitation of the said College, it appeareth unto us, that Doctor Charles Aldworth, Dr. Alexander Pudsey, Dr. John Smith, Dr. Tho. Bailey, Dr. Tho. Stafford, Master Robert Almond, Mr. Manwaring Hamond, Mr. John Rogers, Mr. Richard Strickland, Mr. Henry Dobson, Mr. James Bailey, Mr. John Davies, Mr. Francis Bagshaw, Mr. James Fairer, Mr. Joseph Harwar, Mr. Tho. Bateman, Mr. George Hunt, Mr. William Cradock, Mr. John Gillman, Mr. Geo. Fulham, Mr. Charles Pennyston, Mr. Robert Hyde, Mr. John Yerbury, Mr. Robert Holden, and Mr. Stephen Wilks, Fellows of the same College, have been severally guilty of Disobedience to his Majesty's Commands, and obstinately contemned his Royal Authority, and do still persist in the same: We have thought fit, upon mature consideration thereof, to Declare, Pronounce, and Decree, That the said Dr. Charles Aldworth, etc. and every of them, be Deprived and Expelled from their respective Fellowships: And we do by this our Sentence and Decree, Deprive and Expel them and their said several and respective Fellowships.  
Given under our Seal, this 16th day of November, 1687.   

WHITEHALL, Decemb. 10.  
HIS Majesty's Commissioners for Ecclesiastical Causes, and for Visiting all Cathedral and Collegiate Churches and Colleges, etc. met this day; and taking into their consideration all that had passed in the business of St. Mary Magdalen College in Oxford, and the contemptuous and disobedient Behaviour of Dr. John Hough, and several of the Fellows of that College, throughout the whole Proceeding, their Lordships Declared, Decreed, and Pronounced, That Dr. Hough, Dr. Carls Aldworth, Dr. Henry Fairfax, Dr. Alexander Pudsey, Dr. John Smith, Dr. Thomas Bailey, Dr. Thomas Stafford, Mr. Robert Almond, Mr. Manwaring Hamond, Mr. John Rogers, Mr. Richard Strickland, Mr. Henry Dobson, Mr. James Bailey, Mr. John Davies, Mr. Francis Bagshaw, Mr. James Fairer, Mr. Joseph Harwar, Mr. Thomas Bateman, Mr. George Hunt, Mr. William Cradock, Mr. John Gillman, Mr. George Fulham, Mr. Charles Pennyston, Mr. Robert Hyde, Mr. Edward Yerbury, Mr. Henry Holden, and Mr. Stephen Wilks, should be uncapable of Receiving, or being Admitted to any Ecclesiastical Dignity, Benefice, or Promotion: And such of them who are not yet in holy Orders, were adjudged uncapable of Receiving or being Admitted into the same. All Archbishops, Bishops, and other Ecclesiastical Officers and Ministers within the Kingdom of England, being required to take notice of the said Sentence and Decree, and to yield Obedience thereunto.  
THE 17th of January, 1687. being the day that the Thirty Demies of Magdalen College were, by Summons from the Bishop of Oxon, the new Precedent, commanded to appear before him; and none appearing, Mr. Chernock, the new Vice-President, called for the Buttery-Book, and struck out the Names of Mr. Holt, Mr. Adam's Senior, Mr. Vescy, and Mr. Brabourn, Masters of Art; Mr. Hyde, Mr. Woodward, Mr. Fulham, Mr. Watkins, Mr. Stacy, Mr. Sherwin, and Mr. Kenton, Bachelors of Art; Mr. Cross, Mr. Bush, and Mr. Wells, Undergraduates: Which Fourteen were then resident in the University, and Three more, who escaped Expulsion at that time.  
FINIS.