A RELATION OF THE PROCEEDINGS AT Charter-House, Upon Occasion of King JAMES the II. His presenting a PAPIST To be admitted into that HOSPITAL In Virtue of His Letters Dispensatory.  
LONDON, Printed for Walter Kettilby, at the Bishop's-Head in St. Paul's Churchyard. M DCLXXXIX.   

A RELATION OF THE PROCEEDINGS AT Charter-House, etc.  
THE late Usurpation upon the Laws of England by a Dispensing Power, was so remarkable and singular, that every instance of it ought to be recorded to posterity. They begun very early with Mr Sutton's Hospital, commonly called the Charter-house: and the King sent a Papist to be admitted Pensioner or poor Brother there, contrary to all rules of that Foundation. But he came accordingly armed with a Royal Dispensation, both as to his Conformity to the Church of England, and as to the Oaths of Allegiance and Supremacy: Which they are bound to take at their admission into that place.  
The Governors of the Hospital, Persons of the greatest quality, showed themselves Faithful trusties to Mr Sutton upon that occasion. And, tho' they had no precedent, at that time, to follow, made a vigorous resistance to this encroaching power. Whereby they did good Service also to the Public, in that low station of a private Hospital. As sometimes a little Frontier Garrison, well defended, gives a check to a great Army, and a good example to the rest of the Country, to stand stoutly upon their defence.  
The KING's Letter was as followeth.  
JAMES R.  
RIght Trusty and Right Well-beloved Cousins and Counsellors, and Right Trusty and Well-beloved Counsellors and trusties, WE greet you well. Humble suit having been made unto US, in the behalf of Andrew Popham, Gent. that, in regard of his Loyalty and Sufferings, and the necessitous condition he is thereby reduced unto, WE would bestow upon him the place of one of Our Pensioners in the Hospital of the Charter-house; which request WE are graciously pleased to condescend unto. Our Will and Pleasure therefore is, that you choose and admit him the said Andrew Popham into the first Pensioners place in that Our Hospital, that shall become void and in Our disposal. Next after such as have already obtained our Letters for the like places, if any such be. Without Tendering any Oath or Oaths, unto the said Andrew Popham: or requiring of him any Subscription, Recognition or other Act or Acts in conformity to the Doctrine and Discipline of the Church of England, as the same is now established. And notwithstanding any Statute, Order, or Constitution of or in the said Hospital: with which we are graciously disposed to Dispense in this behalf. To hold and enjoy the said place, with all profits, perquisites and advantages thereunto belonging.  
And so We bid you heartily farewel. Given at Our Court at Whitehal the 17th day of December 1686. in the Second Year of Our Reign.  
This Letter was not delivered to the Master of the Hospital, but to the Register at his house in the City. Who thereupon did not come to acquaint the Master with the contents of it, but sent this Andrew Popham to him, to be admitted, with a Certificate under his hand, in the usual form, as for an Admission of course. Giving the Master no Notice that he was a Papist, on that the King had dispensed with his taking the Oaths and with his Religion.  
The Certificate was This.  
These are to Certify, That Andrew Popham is to be admitted a Pensioner into this Hospital, upon the Nomination of the King's Majesty. And that his Place is now fallen.  
20 Decemb. 1686. W. L. Regist.  
Popham came to the Master with this Certificate, and desired to be admitted. The Master asked him, where his Letter of Nomination was, and to whom it was directed? He said it was directed to the Governors of the Hospital, and he had left it in the Register's hands. If it was directed to the Governors, the Master told him, it must be delivered to them, before he could act upon it. And so telling him when there would be a meeting of the Governors, dismissed him without admission.  
The day appointed for the meeting of the Governors, was the Monday after Twelve-tide; but there did not come a full number at that time, so they could not act. But on the 17 th'. following, there was a full Assembly, and Popham was present, and his business heard. The King's Letter being read to the Governors, My Lord Chancellor jeffrys presently moved, that they should immediately, without any debate, proceed to vote, Whether Andrew Popham should be admitted or no, according to the King's Letter. And 'twas put upon the Master, as Junior, to vote first. But the Master told them, he thought it was his duty to acquaint their Lordships with the state and constitution of the Hospital, before they proceeded to a Vote. This was opposed by some, but, after a little debate, the Master was heard; Who thereupon acquainted their Lordships, That to admit a Pensioner into that Hospital, without taking the Oaths of Allegiance and Supremacy, was not only contrary to the Constitutions of the House, but also to an Act of Parliament provided in that case; namely, to the Charter-House Act 3. Car. In which it is declared and ordered in express terms, that no Person, Governor, Officer, nor Pensioner, shall be admitted into this Hospital, till they have taken the Oaths of Allegiance and Supremacy. When the Master had said this, One Governor answered, What is this to the purpose? To whom the late Duke of Ormond replied, He thought it was very much to the purpose; For an Act of Parliament was not so slight a thing, but that it deserved to be considered. Hereupon, after some discourse, the Question was put again, 
The words of the Act of Parliament are these: And be it enacted and established by the Authority aforesaid, that every Person that shall from henceforth be elected a Governor of the said Hospital, shall, before he exercise the Place of a Governor, take the several Oaths of Allegiance and Supremacy.— And that the Preacher, Minister, Schoolmaster, Usher, Officers, and poor Men, and every of them henceforth to be elected or admitted, shall, before he exercise or take benefit of any such place, take the said several Oaths of Supremacy and Allegiance.  Whether Andrew Popham should be admitted or no: and it was carried in the Negative.  
This, I think, was the first Stand that was made against the Dispensing Power, by any Society in England. After which, followed the opposition it met with at the University of Cambridge, and at Magdalen College in Oxford. The Governors of Charter-House had a fresh Example in sight, of a tame resignation to that Dispensing Power, in an Instance where both the honour of the Church, and many Acts of Parliament, were concerned; But that had no other effect upon them, than to make them think it the more necessary to stand in the breach that was already made, and to stop the progress of that Torrent, which was in a fair way, at that time, to overrun the Nation.  
They intended to have returned an Answer in Writing forthwith to the King's Letter; But as soon as that Vote was past, my Lord Chancellor flung away, and some others followed him; so that there was not a Number left to act as an Assembly, or to do any more business at that time. My Lord of Canterbury attempted several times afterwards to have another Assembly, that this Letter might be writ to the King, but could not get a full Number together, till Midsummer following.  
While the business was hanging thus, there happened an accident, which we thought would have put an end to the controversy. Another Person appeared with a Letter of Nomination from the King of a Date antecedent to that of Popham's. And 'twas a Person qualified for the Place, one Cardonel, a French Protestant Naturalised. This we thought had been a soft method, invented by the Court, to supersede Popham's Letter, and so let the Controversy fall without nolse. But it proved otherwise; for when▪ this Man's pretensions came to be known at Court, The King sent another Letter to exclude him, and to reinforce His former Order for Popham.  
The KING's Second Letter was this.  
JAMES R.  
RIght Trusty and Right Well-beloved Cousins and Counsellors, and Right Trusty and Well-beloved Counsellors and trusties, We greet you well. We did by Our Letter of the 17th of December last, signify unto you, that it was Our Royal Will and Pleasure, that Andrew Popham, Gent. should be chosen and admitted into the first Pensioner's place in that Our Hospital, which should become void and in Our disposal: Next after such as had already obtained Our Letters for the like places, if any such there were. Without tendering any Oaths unto the said Andrew Popham, or requiring of him any Subscription, Recognition, or other Act or Acts in conformity to the Doctrine and Discipline of the Church of England, as the same is now established. Notwithstanding any Order or Constitution of or in Our said Hospital: with which We were and are graciously pleased to dispense in this behalf. To hold and enjoy the said place, with all profits, perquisites, and advantages thereunto belonging. And We do accordingly expect and hereby Require, that you forthwith admit him, the said Andrew Popham, a Pensioner of that Our Hospital, in pursuance of this and Our said former Letters. And whereas We are informed, that Philip de Cardonel had Our Letter, dayed the first day of August last passed, and that he omitted to present the same, till the 23. of February last, after Andrew Popham's Letter had been presented: We do therefore hereby declare Our Will and pleasure to be, That the said Andrew Popham have the preference, and be immediately admitted into a Pensioner's place in that Our Hospital.  
And so we bid you heartily farewell. Given at Our Court at Whitehall the 21th day of March, 1686/7. In the Third Year of Our Reign.  
Here were Two Letters, you see, already, under the Signet: And there wanted only a Broad-Seal, that all the Forces of the Dispensing Power might be employed in this attack against Charter-house. At length a Broad-Seal was sent, to complete and ratify this Dispensation for Popham; and a Copy of it left with the Master, collated, in his presence, with the Original. They brought also Witnesses along with them, to attest the delivery and collation, and so left it in the Master's hands.  
These Letters-Patents did not respect Popham only, but several Others also in the University of Cambridge: Four or Five there, that were dispensed with for like unqualifications. And because the form of one of these new Dispensations is worth seeing, I will set down the form of this in general, as it relates to them all; and particularly, all that belongs to Andrew Popham. They begun thus.  
JAMES the Second, By the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, etc. To all to whom these Presents shall come Greeting. Whereas Joshua Basset— and Andrew Popam, Elected, or directed by US to be elected one of the Almes-men 〈◊〉 in Sutton's Hospital near Smithfield, commonly called the Charter-House, have humbly besought us, that they may respectively have and enjoy the said several and respective Places and Preferments, with all the advantages and emoluments to the same respectively belonging, Without being obliged to repair to Church, or to use the Book of Common-Prayer, or to take the Oaths of Allegiance and Supremacy, or either of them, Or the Sacrament of the Lord's Supper, or any Test, or making any Declaration or Subscription relating to Religion: or doing, performing, or subscribing any other Act or Acts in Conformity to the Doctrine, Discipline, or Liturgy of the Church of England. And We being well assured of the Loyalty and integrity of the said respective persons, and of their fitness to have and enjoy the said respective places and preferments, are graciously disposed to grant their said humble suit. KNOW YE therefore, that WE, for the considerations aforesaid, and of Our especial Grace, certain knowledge and mere motion, have given and granted, and by these Presents, for Us, Our Heirs, and Successors do give and grant unto the said Joshua Basset, etc. and Andrew Popham, and to every of them, Our Royal Licence and Dispensation to absent themselves respectively from Church, Chapel and usual place of Common-Prayers, as the same is now used in England▪ and to forbear using or reading the said Prayers, or declaring their respective assent or consent to the Contents of the Book of Common-Prayer, now used in England; and to abstain from and forbear receiving and administering the Sacraments of the Lord's Supper, according to the Liturgy or usage of the said Church; and from taking the Oaths of Supremacy and Allegiance; and from reading and subscribing the Articles of Religion, commonly called the Nine and Thirty Articles; and from making, subscribing and repeating any Declaration, Acknowledgement, or recognition; and from doing any other Act or thing, required by, or mentioned or contained in one Act of Parliament made in the Thirteenth or Fourteenth Year of the Reign of our late Royal Brother, Entitled, An Act for the Uniformity of Public Prayers, and Administration of the Sacraments, and other Rites and Ceremonies, and for establishing the form of making, ordaining and Consecrating Bishops, Priests and Deacons in the Church of England, mentioned or contained in another Act of Parliament, made in the Five and Twentieth Year of the Reign of our said late Brother, Entitled, An Act for preventing dangers which may happen from Popish Recusants: And from doing, declaring and subscribing all and every such other Act and Acts, thing and things, in conformity to the Doctrine, Discipline, and Liturgy of the Church of England, as the said Joshua Basset— and Andrew Popham, or any of them, by reason of their or any of their being admitted into, or having or enjoying the said respective promotions and places, are, is, or shall be, by the Laws and Statutes of this our Realm of England, or by any Statute, Constitution or custom of our said University of Cambridge, or of the Colleges or Hospital heretofore mentioned.— AND OUR PLEASURE ALSO IS, and we hereby require, enjoin, and Command, the Governors of the Lands, Possessions, Revenues and goods of the Hospital of King James founded in Charter-House, within the County of Middlesex, at the humble Petition and only cost and charges of Thomas Sutton, Esquire: Now and for the time being: and all other persons whom it may concern, that they and every of them in their respective places do Act and perform all and whatsoever is or aught to be acted, done and performed by them respectively, for the Electing, admitting and establishing the said Andrew Popham to be one of the poor men in the said Hospital, and to have and enjoy all the Profits, benefits and advantages, to any poor man in the said Hospital belonging. Notwithstanding that the said Andrew Popham hath not taken, or shall omit, neglect or refuse to take the Oaths of Supremacy and Allegiance, or either of them: Or hath not done or performed, or shall omit, neglect, or refuse to do or perform what by the said Acts of Parliament, or any of them, or by one other Act of Parliament made in the Third or Fourth Year of the Reign of our late Royal Grandfather King James, over England, etc. Entitled, An Act for the establishing and confirming of the Foundation of the Hospital of King james, founded in Charter-House, in the County of Middlesex, at the humble Petition and only Costs and Charges of Thomas Sutton, Esquire; and of the Possessions thereof. Or by any Statute, Law, Constitution, or Custom of the said Hospital, he is enjoined or required to do or perform: as if he had fully and effectually done or performed the same. AND do hereby further for Us, our Heirs and Successors, authorise and empower the said Joshua Basset— and Andrew Popham, to accept, hold and continue in the said respective Promotions and Places, with all the rights▪ profits, powers, privileges, authorities and advantages whatsoever to the same respectively belonging, without incurring any pain, penalty, loss, disability, or censure whatsoever, and also to travel to the Cities of London and Westminster, and to come, remain, and be in our Presence, or in the presence of Our Royal Consort the Queen, or of Katherine Queen Dowager of England, or in Our Court, or in the Court or House where We or They are, or shall be, or reside, although the said Joshua Basset— and Andrew Popham have not, or any of them hath not done or performed, or shall at any time or times hereafter omit, neglect or refuse to do or perform any thing or things enjoined, required or enacted to be done or performed by the said Acts of Parliament, or either of them, or in or by any other Act or Acts of Parliament made in the Thirtieth Year of the Reign of our said late Royal Brother King Charles the Second, or in the first, fifth, thirteenth, three and twentieth, seven and twentieth, nine and twentieth, and five and thirtieth Years of the Reign of the late Queen Elizabeth, or in the first or third Years of the Reign of Our late Royal Grandfather King James over England, etc. Or in or by any Statute, Constitution, or Custom of, or in the University of Cambridge, or of the Respective Colleges and Hospital aforesaid, or any of them: and although the said Joshua Basset— and Andrew Popham, or any of them have or hath committed or done, or shall commit or do any thing or things contrary unto any of the said Acts of Parliament, or any or either of them, or contrary unto any clause, article or thing in them, or any of them contained, or contrary unto any Statute, Constitution or Custom of, or in the said University of Cambridge, or of the several and respective Colleges and Hospital aforesaid, or any of them. AND to the end that this Our Royal Licence, Dispensation and Grant may have its due effect, We do hereby of Our further especial Grace, certain knowledge and mere motion, pardon, remit, exonerate and discharge the said Joshua Basset— and Andrew Popham, of and from all Treasons, misprisions of Treason, crimes, offences, pains, penalties, suspensions, deprivations, sentences, censures, forfeitures and disabilities by them, or any of them, incurred or to be incurred, or whereunto they or any of them now are, is, or hereafter may be liable for, or by reason of their or any of their having acted, done or committed any thing or things contrary to the said Acts or any of them, or for that they or any of them have or hath omitted, neglected or refused, or shall at any time hereafter omit, neglect or refuse to do, execute or perform any thing or things enjoined or required to be done, executed or performed in or by the said Acts of Parliament, or any of them, or in or by the Statutes, Constitutions or Customs of the University of Cambridge, or of the respective Colleges or Hospital aforesaid or any of them, hereby enjoining and requiring all and singular Courts and judges, as well Ecclesiastical as Civil, to supersede and forbear at all times hereafter all prosecutions and proceedings whatsoever against the said Joshua Basset— and Andrew Popham, or any of them, for or by reason of any matter or thing hereby dispensed with, licenced or remitted. AND our pleasure is, and we do hereby of Our more abundant grace, certain knowledge, and mere motion, grant and declare, that these Presents shall be in and by all things firm valid and effectual in the Law, and shall be available for the purposes aforesaid, notwithstanding the said Acts of Parliament, or any of them, or any the Statutes, Constitutions, or Customs of the said University of Cambridge, or of the Colleges or Hospital aforesaid, or any of them. AND notwithstanding the not reciting or mentioning, or not sufficiently or particularly reciting or mentioning, or misreciting the Statutes, Constitutions or Customs of the said University, Colleges or Hospital aforesaid, or any of them, or the Titles or Contents thereof. AND notwithstanding that the said Joshua Basset— and Andrew Popham, or any of them is, are or at any time hereafter shall be a convict Recusant, or convict Recusants. And notwithstanding any misnomer, misrecital, or other defect or Imperfection in these Presents; and any Act, Ordinance, Provision, Proclamation, Disability or Restriction to the contrary thereof in any wise notwithstanding. IN WITNESS whereof we have caused these Our Letters to be made Patents. WITNESS Ourselves at Westminster the Fourth day of March, in the Third Year of Our Reign.  
There was a great mistake committed in these Letters Patents and in a part that required the greatest care. The Act of Parliament that should have been dispensed with in behalf of Popham, was 3 Caroli. Whereas the Patents refer to, and dispense with one in the 3 d. or 4 th'. Year of King james. The Governors were made sensible of this, but they would not lay any stress upon a Circumstance, when the substance was faulty, and therefore took no notice of it.  
This is the sum and substance of the Letters Patents, MANDATORY and DISPENSATORY. And as to the Case of Popham, in virtue of that clause, where the Governors of Sutton's Hospital, and all other persons concerned, are required to act and perform whatsoever ought to be done and performed by them respectively, for the Electing, admitting and establishing the said Andrew Popham in the said Hospital. In virtue, I say, of this clause, they demanded present admission of the Master; Admissions being made by his Order. But he told them, the business was now depending before the Governors in a Body, and therefore no single Governor could act separately in it.  
My Lord of Canterbury, as I told you, called an Assembly of the Governors several times, but without success: Some coming, and some staying away, so as the number still fell short; till Midsummer day came, which being a stated Assembly, there were Nine Governors present. Then the King's Second Letter, and these Letters Patents were read and considered; And thereupon a Letter was drawn up to give reasons to his Majesty why they could not comply with his pleasure as to the Admission of Andrew Popham into that Hospital. This Letter was Signed by Eight Governors, and directed and sent to one of the Secretaries of State to represent the contents of it to the King.  
The LETTER was as followeth.  
My LORD,  
HIS Majesty's Two Letters, the one dated the 17th of December last, and the other the 21th of March last, countersigned by your Lordship, came to our hands. Whereby His Majesty requires us, that we admit Andrew Popham to be a Pensioner in Sutton's Hospital, without tendering any Oath or Oaths unto the said Andrew Popham, or requiring of him any Subscription, Recognition, or other Act or Acts in Conformity to the Doctrine and Discipline of the Church of England, as the same is now Established; And notwithstanding any Statute, Order, or Constitution, of or in the said Hospital, with all which His Majesty was pleased to Dispense. Which Letters were received with the respect that is due to whatsoever cometh from His Majesty. And it hath not been any fault of ours, that an Answer hath not been sooner returned. Several Assemblies having been appointed in order to it, but there were not, at those times, so many Governors in or about the Town, in a condition to attend, as would make up the number directed by the Constitutions. We could not till now acquaint your Lordship, that upon debate of the aforesaid Letters, it is agreed to represent, in the most humble manner, to His Majesty by your Lordship's means, and through your hands; That we apprehend ourselves to be tied up, and to lie under such strict obligations, that we are not at liberty to comply with what is required from us, for these Reasons.  
For that the said Hospital is of a private Foundation: and the Governors obliged to act according to the Constitutions of the same.  
That by an Act of Parliament, made in the Third Year of the Reign of King Charles the First, of blessed memory, It is Enacted, That every poor man to be elected and admitted into the said Hospital, shall, before he receive benefit of any such place, take the Oaths of Supremacy and Allegiance.  
Therefore We pray your Lordship to represent to His Majesty that we conceive, We cannot with a Faithful discharge of our Trust, admit the said Andrew Popham. This, We pray your Lordship to represent to His Majesty in the most humble manner; Whereby you will extremely oblige  


W. CANT.  
ORMOND.  
HALIFAX.  
CRAVEN.  
DANBY.  
NOTTINGHAM.  
H. LONDON.  
T. BURNET.    
This Letter, when it was read to the King, he gave it, as we heard, to the Lord Chancellor: And bid him find out a way how he might have right done Him at that Hospital. But there were several reasons that hindered the further proceedings of the Court against Charter-House. The Persons concerned were of so great a Character, so much considered by the Nation, and so well able to defend their cause, that the Ecclesiastical Commissioners (who were the support of the Dispensing Power) had no mind to meddle with them. Besides, they had their hands full of other business at that time. They were quarrelling the two Universities upon the same point. And the next Spring, they fell upon the Clergy, for not reading the King's Declaration about Liberty of Conscience. The Archbishop, and six Bishops more were sent to the Tower, by Warrant from the Privy-Council: and afterwards formally Tried at the King's-Bench Barr. These things had put the Nation into a great ferment and uneasiness, so that it was necessary to allow some time for things to settle and grow calm again, before they entered upon any more angry business. But towards the latter end of the Summer, when they should have begun their Prosecutions a fresh, They see the Heavens grow cloudy, and a storm a coming from abroad. Then the Court begun to think of new measures, how to please the Nation, and put all things to rights again. So that it was no more time to call to account the disobedient Governors of Charter-House; who, by the necessity of affairs, had been connived at thus long. But in this interval, we had several threatenings, That a Quo Warranto (which was the battering Engine of those days) should be brought against the Corporation. And that the Master, particularly, should be Summoned before the Ecclesiastical Commissioners. But all this came to no effect; Neither could they ever get any Popish Governor, or Popish Pensioner, admitted into that Society.  
FINIS.