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1687. that his Majesty had granted his Letters Manda.

tory, in Behalf of Mr. Anthony Farmer, a Man of an ill R-putation, who had promis'd to declare himself a Papist, They molt humbly represented to His Majesty in their Petition, That the said Mr. Farmer was a Perfon in several Respects unca. pable of thut Character, according to their Founder's Statutes; and did mot earnestly befeech His Majelty, cither to leave them to the Discharge of their Duty and Consciences, according to His Majelties late molt gracious Toleration, and their Founder's Statutes, or to recommind such a Person, who might be more serviceable to His Majesty, and to this Colledge. The Petition was delivered to the Earl of S..----d, President

of the Council, by Dr. Tho. Smith, and Capt. Bag† April 9. thaw t; and Jay Four Days in his Lord hip's

Hands. with a Promise of his Favour ; but at lait his Antwer was, That the King must be obeyed. On

Monday, 6pril 1. His Majesties Mandate was de*Since exe- liver'd by Mr. Robert Charnock*, Master of Arts, cuted for Fellow of the said Colledge, a new Convert, and the Plot to murder

a Man wholly devoted to the Court, directed to King wil. the Vice-Prelident and Fellows, requiring them liam 11." forthwith to elect the said Mr. Farmer, and admit

him President. This Mandate the Vice-Prefident read, with decent Respect, in the Chappel of the Colledge, before the Fellows there present, and ask'd them whether they, in Obedience to His Majetties Letters, would forth with elect Mr. Far.

mer President? They all agreed to defer their * April 13. Answers till * Wednesday following. All the Fel

lows being th:n met, the Vice-Prefident read the Statute concerning the Choice of a Prefident, and ano. ther against corrupt and irregular Elections; then he read the King's Letter in Behalf of Mr. Farmer, and a second time demanded their Answer, which was to this Effect ; That having a Petition lying at that time before His Majelly, they ought not to proceed to Election, till they had receiv'd His Majesty's Answer to the same. And thereupon they all agreed, except

Mr. Charnock, that the Election should be deferr'd † April 14. till the next Day. On Thursday t in the Morning the Vice-President told them, That the Choice of


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a President had been put off upon Account of their 1687,
Petition to His Majesty, in answer to which they
had not then receiv'd His Majesties Pleasure; that the
next Day was the utmost time they had Power to pro-
rogue the Election to by the Statutes, and therefore
it was necessary they should come to some Resolu-
tion: He told them further, That the King had
commanded them to electMr.Farmer and ask'd their
Sense therein, which was unanimous (except Mr.
Charnock) that the Election should be deferr'd till
the next Morning. Accordingly, Friday, April
the 15th, at Eight a Clock in the Morning, the
Vice-President and Fellows being met, Dr. Tho.
Smith, and Capt. Bayshaw, Two of the Fellows, ac.
quainted the relt, from the Lord President of the
Council, that in Answer to their Petition, His
Majelty having sent his Letter to the Colledge, expect.
ed to be obeyd. After which the Vice-Prefident
read again the King's Mandate, and ask'd them
whether they would comply with it? They de-
fir'd they might proceed to an Election: And the
Vice-President having propos'd, whether they
would make any further Address to His Majesty?
The Vice-President, Dr. Fairfax, Dr. Pudsey, and
Dr. Tho. Smith, were for a second Address, but all
the rest declar'd immediately for proceeding to an
Election. Then the Vice-President propos'd whe-
ther they would go to an Election Viva voce, or
by Scrutiny? The Vice-President, Mr. Thompson,
and Mr. Charnock, were for proceeding in it Viva
voce, but all the rest were for a Scrutiny, except
Dr. Tho. Smith, who was for deferring the Election
till they hạd once more petition'd the King.
Therefore it being the Sense of the Majority, that
they ought to proceed to the Election of a Prefi-
dent, according to the Statutes, and this the last
Day limited; in order to it, the Holy Sacrament
was folemnly taken by all, except Charnock; then
the Statutes relating to the Choice of a President,
and against corrupt Election, were read by the
Vice-President. Every one took the Oath pre-
scrib'd in the Statutes,

except Mr. Thompson and Mr.
Charnock, who refus'd it, and the two Senior Fel-


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1687. lows were sworn Scrutators in the Scrutiny

the whole Society: For the Nomination of a Prelsident, Dr. Hough and Mr. Maynard had each of them the major part of the Voices; and then the

Thirteen Senior Fellows being met to Elect one of * Now Bi- theseTwo, Dr. Hough * had Eleven Voices, and was Jәop of accordingly pronounc'd President by the Senior Litchfield Scrutator; and Mr. Maynard was appointed by the and Co. 13 Senior Fellows to present him as Prefident Eventry lect to the Visitor, in order to his Admission. Af.

ter this Mr. Charnock and Mr. Thompson declar'd

Viva voce for Mr. Farmer, according to His Maje† April 16. fties Letter. The next Day + Dr. Hough being

presented to the visitor, was sworn and admitted

President by his Lordship,according to the Statutes; * April 17. and on the Sunday next following he took the

same Oath again before the Society, and afterwards, as President, took his Seat in the Chappel. The King being inform’d of it, order'd the Lord Sunderland to write to the Fellows, which he did in the following Terms: Gentlemen, The King being inform’d, that notwithstanding his late Mandate, sent to you for electing Mr. Farmer to be President of jour Colledge, you have made Choice of another Person; His Majesty commands me to let you know, he is much furpriz'd at these Proceedings, and expects you should send me an Account of what past on that Occasion, and whether you did receive His Majesties said Mandate before you chose Dr. Hough. Thereupon the VicePresident and Fellows drew up their Case rela

ting to their late Election of a President, which *, April 21. was presented to the Duke of Ormond, Chancel

lor of the University of Oxford, with a Letter,
wherein they humbly begg'd bis Grace to interpose
with his most sacred Majesty for them, that they
might not lye under the Weight of his Displeasure,
for not being in a Capacity of obeying his Commands.
This Submission not being satisfactory, and the

Duke of Ormond's Interposition little regarded, the + May 28. Vice-President and Fellows were cited t to appear

before the Ecclesiastical Commissioners at White* June 6. Hall *. On June the

and Dr. Fairfax, Dr. J. Smith, Mr. Hom-


mond, Mr. Dobson, and Mr. Fairer, deputed Fel

1687. lows, appear'd before the Lords Cominillioners, according to the above-mention d Citation. And it being demanded of thein, Why they refus’d to obey the King's Mandate? They defir'd time to confider of it, which was granted to the 13th, at which time appearing, the Vice-Prefident deli. ver'd in their Answer, which was read by Mr. Bridgeman, and wherein they alledged

; That the Colledge of St. Mary Magdalen in Oxon is a Body Corporate, governod by Local Statustes, granted and confirm d to them by His Majesties PredecesSors ; That by the said Statutes of the Colledge, to the Observation of which each Fellow is sworn, it is ordered, That the Perfon elected President thereof shall be a Man of good Life and Reputation, of approv'd Understanding, and good Temper, Discreet, Provident, and Circumspect, both in Spiritual and Temporal Affairs ; That at the time of Election of a President, the said Fellows are bound by the Said Siatutes to take an Oath that they shall nominate none to that Office but such as are or have been Fellows of the Juid Colledge, or of New-Colledge in Oxon ; or if they are not actually Fellows at the time of Election, that they be such as have left their Fellowships in their reSpective Colledges upon credible Accounts': And whın two qualified Perfors shall be nominated at the time of Election, by the greater number of all the Filc. lows, to the said Office of President; the 'I hirteen Seniors' also swear, Ihat 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. That every Fellow when he is admitted into his Fellow hip in tlhe Said Colledge, Swears that he will inviolably keep and observe all tbe Statutes and Ordinances of the Colledge; and that he will not procure an; Dispensation, contrary to his aforesaid Oath, or any part thercof, nor contrary to the Statutes and Ordinances to which it relates ; and if it shall happen that any Dispensation of this. fort, of whatsoever Authority it all be, be granted, that he will neither make use of it, nor in any fort

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1687. consent theriunto. That on the 11th of April they re

ceiv'd His Majesties Letters Mandatory to elect and, admit Mr. Anthony Farmer President of the said, Colledge; But forasmuch as the Vice-President and Fellows apprehended the Right of Election to be in them, and believ'd His Majesty never intended to disporles's them of their Rights, and forasmuch as the Jaid Mr. Farmer had never been Fellow either of Magdalen or New-Colledge in Oxon, and bad not thufe Qualifications which by the said Statutes of the Colledge are requir'd in the Character of a Président; and in regard that they could not comply with His Majesties Letter, without the Violation of their Oaths, and Hazard of their Legal Interest and Property, wherewith they were by their Statutes pollejsd; and wbich by their Oaths they are bound to maintain, They represented the same by their humble Petition to His Majesty, and that having deferred their Election to the last Day limited by their Statutes, then they bid made Choice of the Reverend Mr. John Hough, B. D. one of the Fellows of their Colledge, and a Person every way, qualified to be President, who had been since confirmod by the Bishop of Winton, their Visitor, as the Statutes of the said Colledge direct : And that they mighi not lye under His Majesties Dilpleasure by their Proceedings, they did make an huńble 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 Founders Statutes. All which Mat. ters they humbly offer'd to their Lordships, and pray'd to be dismiss'd with their Lordships Favour.

This Answer was sign’d but by Five of the * Now Dean Delegates, Dr. Fairfax * not consenting to it; of Nor

and therefore he delir'd their Lordships to hear wich.

him apart, and take his Reasons why he could not subscribe. After the reading of the Answer, the Lord Chancellor Jefferies being in hopes he would submit, gave him Leave to speak, saying; Ay, this looks like a Man of Sence, and a good Subject, let's hear wbat be will say; ---- But finding his Mistake, and that Dr. Fairfax chiefly inlitted; Ibat in Ecclefiafiicat Court's there should be A Libel

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