ventry.

*

1687. lows were fworn Scrutators in the Scrutiny of the whole Society. For the Nomination of a Prefi fident, 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- thefeTwo, Dr. Hough had Eleven Voices, and was Shop of accordingly pronounc'd Prefident by the Senior Litchfield Scrutator; and Mr. Maynard was appointed by the and Co- 13 Senior Fellows to prefent him as Prefident Elect to the Vifitor, in order to his Admiffion. After this Mr. Charnock and Mr. Thompson declar'd Viva voce for Mr. Farmer, according to His MajeApril16. fties Letter. The next Day † Dr. Hough being prefented to the Vifitor, was fworn and admitted Prefident by his Lordfhip,according to the Statutes; * April 17. and on the Sunday next following he took the fame Oath again before the Society, and afterwards, as Prefident, 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, fent to you for electing Mr. Farmer to be Prefident of your Colledge, you have made Choice of another Perfon; His Majesty commands me to let you know, he is much furprizd at thefe Proceedings, and expects you should fend me an Account of what paft on that Occafion, and whether you did receive His Majefties faid Mandate before you chofe Dr. Hough. Thereupon the VicePrefident and Fellows drew up their Cafe relating to their late Election of a Prefident, which April 21, was prefented to the Duke of Ormond, Chancellor of the Univerfity of Oxford, with a Letter, wherein they humbly begg'd bis Grace to interpofe with his most facred Majefty for them, that they might not lye under the Weight of his Displeasure, for not being in a Capacity of obeying his Commands. This Submiffion not being fatisfactory, and the Duke of Ormond's Interpofition little regarded, the May 28. Vice-Prefident and Fellows were cited t to appear before the Ecclefiaftical Commiffioners at White*June 6. Hall*. On June the 6th, the Vice-Prefident, and Dr. Fairfax, Dr. Dr. J. Smith, Mr. Ham

*

mond,

mond, Mr. Dobfon, and Mr. Fairer, deputed Fel- 1687. lows, appear'd before the Lords Commiflioners, 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 deliver'd in their Anfwer, which was read by Mr. Bridgeman, and wherein they alledged That the Colledge of St. Mary Magdalen in Oxon is a Body Corporate, govern'd by Local Statutes, granted and confirm'd to them by His Majefties Predeceffors; That by the Jaid Statutes of the Colledge, to the Obfervation of which each Fellow is fworn, it is ordered, That the Perfon elected Prefident thereof shall be a Man of good Life and Reputation, of approv'd Understanding, and good Temper, Difcreet, Provident, and Circumfpect, both in Spiritual and Temporal Affairs; That at the time of Election of a Prefident, the faid Fellows are bound by the faid Statutes to take an Oath that they shall nominate none to that Office but fuch as are or have been Fellows of the fid Colledge, or of New-Colledge in Oxon; or if they are not actually Fellows at the time of Election, that they be fuch as have left their Fellowships in their reSpective Colledges upon credible Accounts: And when two qualified Perfons fhall be nominated at the time of Election, by the greater number of all the Fel-. lows, to the faid Office of Prefident; the Thirteen Seniors alfo fwear, That they will elect one of them, whom in their Confciences they think moft proper and fufficient, most difcreet, 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 Fellowship in the faid Colledge, fwears that he will inviolably keep and obferve all the Statutes and Ordinances of the Colledge; and that he will not procure any Difpenfation, contrary to his aforefaid Oath, or any part thereof, nor contrary to the Statutes and Ordinances to which it relates; and if it hal! happen that any Difpenfation of this fort, of whatfoever Authority it fall be, be granted, that he will neither make use of it, nor in any fort

1687. confent thereunto. That on the 11th of April they receiv'd His Majefties Letters Mandatory to elect and admit Mr. Anthony Farmer Prefident of the faid Colledge; But forafmuch as the Vice-Prefident and Fellow's apprehended the Right of Election to be in them, and believ'd His Majefty never intended to difpoffefs them of their Rights, and forafmuch as the Jaid Mr. Farmer had never been Fellow either of Magdalen or New-Colledge in Oxon, and had not thufe Qualifications which by the faid Statutes of the Colledge are requir'd in the Character of a Prefident; and in regard that they could not comply with His Majefties Letter, without the Violation of their Oaths, and Hazard of their Legal Intereft and Property, wherewith they were by their Statutes poffefs'd; and which by their Oaths they are bound to maintain, They reprefented the fame by their humble Petition to His Majefty, and that having deferr'd their Election to the laft Day limited by their Statutes, then they had made Choice of the Reverend Mr. John Hough, B. D. one of the Fellows of their Colledge, and a Perfon every way qualified to be Prefident, who had been fince confirm'd by the Bishop of Winton, their Vifitor, as the Statutes of the faid Colledge direct: And that they might not lye under His Majefties Difpleasure by their Proceedings, they did make an bumble Reprefentation thereof to His Majefty, by his Grace, the Duke of Ormond, Chancellor of the Univerfity of Oxon, fetting forth their indifpenfable Obligations to obferve their Founders Statutes. All which Matters they humbly offer'd to their Lordships, and pray'd to be difmifs'd with their Lordships Favour.

wich.

This Anfwer was fign'd but by Five of the *Now Dean Delegates, Dr. Fairfax not confenting to it; of Norand therefore he defir'd their Lordships to hear him apart, and take his Reasons why he could not fubfcribe. After the reading of the Answer, the Lord Chancellor Jefferies being in hopes he would fubmit, gave him Leave to fpeak, faying; Ay, this looks like a Man of Sence, and a good Subject, let's hear what he will fay; But finding his Miftake, and that Dr. Fairfax chiefly infifted, That in Ecclefiafiical Courts there should be a Libel

B

given to the Party appeal'd, that he may know what 1687.
be is accus'd of; that he defir'd that Libel, and did
not know what he was call'd there for; and that the
Matter did not lye in that Court, but in Westminster-
Hall; the Chancellor endeavour'd to battle his
Plea, by telling him, He was a Doctor of Divinity,
but not of Law. To this the Doctor reply'd, That
be defir'd to know by what Commiffion and Authority
they fat? Which put Jefferies into fuch exceffive
Paffion, as made him cry out; Pray what Com-
miffion have you to be fo impudent in Court? This Man
ought to be kept in a dark Room; why do you suffer
him without a Guardian? Why did you not bring
him to me to beg him? Pray let the Officers feize
him--Then the Delegates were order'd to with-
draw, and after a whole Hours Debate, the Vice-
Prefident was call'd in alone, and order'd to attend
the Court with the reft of the deputed Fellows, on
Wednesday the 22d of the fame Month. On the
appointed Day the Delegates appear'd again, ac-
cording to the Commiffioners Order, and gave in
their Allegations against Mr. Farmer; the moft ma-
terial of which were: That he had misbehav'd him-
felf in Trinity-Colledge in Cambridge, and had
there receiv'd Admonition from the Mafter, in order to
bis Expulfion; That having left Cambridge, he
taught School at Chippenham in Wiltshire, under a
Nonconformist Minifter without Licenfe; That in Sep-
tember 1683. he was admitted of St. Mary Magda-
len-Hall in Oxon, where fuch frequent Complaints
were brought against him to the Principal, for his
troublefome Humour and unquiet Temper; that to pre-
Serve the Peace of the Society he was defir'd to leave
the faid Hall; That after his leaving Magdalen-
Hall he was admitted into Magdalen-Colledge, where
difcourfing about Religion, he declar'd, That there
was no Proteftant but would cut the King's Throat;
tho' at other times be faid, That whatsoever he pre-
tended, he was really a Member of the Church of
England; and that he made an Intereft with fome
Roman Catholicks only to get Preferment by their
Means, and for that Reafon was willing to be
thought of their Religion; and that in general the

Said

1687. Said Mr. Farmer had had the Unhappiness to lye under an ill Fame, as to his Life and Converfation. Thefe Allegations were confirm'd by feveral Letters and Certificates produc'd in Court, which Mr. Farmer vainly endeavour'd to confute; But † June 22. nevertheless the Ecclefiaftical Commiffioners † deprived Dr. Hough of his Presidentship, and fufpended Dr. Aldworth and Dr. Fairfax, and order'd the Fellows of the Colledge to caufe their Sentence to be executed, and affixed to the Gates of their Colledge; which they neglecting to do,they were cited to appear before the Commiffioners at White-Hall upon the 29th of June, to answer the faid Contempt.

The Court by this time finding that Farmer was a Man of fo profligate a Life, that tho' he had promis'd to advance the Intereft of the Papifts, and even to declare himself one of them, upon his Promotion to that Place, yet they began to be afhamed of him; and therefore inftead of infifting on the former Mandate in his Favour, the King † Aug. 14. granted another †, in Behalf of Dr. Parker, then Bishop of Oxford, and one of the Court Creatures. The Place of Prefident being already in a legal manner fill'd up by Dr. Hough, (which tho' it had not been,yet the Bithop ofOxford was likewife incapable, by the Statutes of the Colledge, of being chofen,) the Fellows did not think themfelves oblig'd to proceed to a fecond Election. The King was fo incens'd at this freth Contempt of his Orders, *Sept. 4. that he came to Oxford in Perfon*, and having commanded the Fellows of Magdalen-Colledge to attend him at Chrift-Church, he ask'd Dr. Pudfey, the Senior of the Fellows that appear'd before him, Whether they did receive his Letter? When the Doctor answering, They did; the King in an angry Tone reply'd, Then you have done very uncivilly by me, and undutifully-Here they all kneel'd, and Dr. Pudfey offer'd a Petition, wherein they humbly fhew'd, it was an unexpreffible Affliction to them, to find themselves reduc'd to fuch an Extremi ty, that either they must difobey His Majefties Command, contrary to their Inclinations, and that con

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