369. Proceedings before the House of Lords, between the Duke and Duchess of NORFOLK, upon the Duke's Bill, intituled, "An "Act to dissolve the Marriage, &c." A. d. 1692 370. The Trial between HENRY Duke of Norfolk, Plaintiff, and JOHN at the Court of King's-Bench, at Westminster, A. D. 1692......... 927 371. The Trial of CHARLES Lord MOHUN, before the Lords at Westminster, for the Murder of William Mountford, A. D. 1692... 950 $72. The Proceedings against Dr. THOMAS SPRAT, Bishop of RO- CHESTER, before the Lords of the Privy Council, concerning a Plot to restore King James the Second: being a RELATION of the late wicked Contrivance of STEPHEN BLACKHEAD and ROBERT YOUNG, against the Lives of several Persons, by forging an Association under their Hands, A. D. 1692.............. 1051 PART I. A Relation of what passed at the three Examinations of the said Bishop by a Committee of Lords of the Privy- PART II. The Second Part of the Relation of the late wicked Contrivance against the Lives of several Persons, by forging an Association under their Hands: being a farther Account of the said Forgery, and of the two Authors of it, Stephen Blackhead and Robert Young, alias Youngs, alias Brown, alias 373. Proceedings against CHARLES KNOWLES or KNOLLYS, esq. (commonly called Earl of Banbury) for the Murder of Philip 374. Proceedings in Parliament against Sir ADAM BLAIR, and others, on an Impeachment of High Treason, for dispersing a seditious and treasonable Paper, printed and entitled, " A Declaration of $75. Proceedings in Parliament against JAMES Earl of SALISBURY, and HENRY Earl of PETERBOROUGH, on an Impeachment of High Treason, "For departing from their Allegiance, and being "reconciled to the Church of Rome," A. D. 1689-1690. [N.] 1234 377. The Trial of WILLIAM ANDERTON, Printer, before the Lord Chief Justice Treby, Baron Powell, Sir John Fleet, knt. Lord Mayor, and Sir Salathiel Lovell, knt. Recorder, at the Old-Bailey, 378. Proceedings before the Lords of the Council, and the Admiralty; in relation to the Trials of JOHN GOLDING, THOMAS JONES, JOHN RYAN, DARBY COLLINS, RICHARD SHIVERS, PATRICK QUIDLEY, JOHN SLAUGHTER, and CON- 379. Proceedings in Parliament against THOMAS Lord CONINGSBY CROSBY, in the Court of King's Bench, for High Treason, A. D. 1695. [Now first published from a Volume of 382. Proceedings between the KING and THOMAS KENDALL and INTRODUCTION TO THE TRIALS FOR THE ASSASSINA- TION, PLOT, being the INFORMATIONS and DEPOSITIONS COMPLETE COLLECTION OF State Trials. 355. Proceedings against ST. MARY MAGDALEN College in Oxon,* for not Electing ANTHONY FARMER President of the said College: 4 JAMES II. A. D. 1687-1688. A NARRATIVE OF THE ELECTION or DR. dent of the same, the Vice-President, Dr. AldHOUGH, PRESIDENT TO ST. MARY-MAGDA-worth, gave notice to all the fellows present in LEN COLLEGE, Oxon, 1687. THE Presidentship of St. Mary-Magdalen College, in the University of Oxon, being void by the death of Dr. Henry Clark, late Presi See the passage of Burnet inserted in the Note at the beginning of the Case of the ViceChancellor of Cambridge, vol. 11, p. 1315, of this Collection. See also p. 1123. The following passages in Narcissus Luttrell's MS." Brief Historical Relation," &c. relate to these proceedings: "June 15, 1687. Magdalen College, in Oxford, appeared before the Ecclesiastical Commissioners, and gave in an answer why they had not elected Mr. Farmer: and one Dr. Fairfax was very bold there, for which he was severely reprimanded, and told he was fitter for a mad house. "November. The Commissioners at their late being at Oxford, did upon the refusal of the fellows of Magdalen college to own their power, or the bishop of Oxford to be their President, or subscribe the Paper acknowledging their crime, they did actually expel about 25 fellows, and ordered their names to be struck out of their books; and it is said the under graduates treat the President and the new Mandamus Fellows with all imaginable scorn. "December 9. The Ecclesiastical Commissioners met the 10th at Whitehall, and taking the affair of Magdalen college into consideration again, they declared and announced Dr. Hough and the 26 Fellows of that college incapable of being promoted to any ecclesiastical dignity or benefice; and that such as were not already in orders were adjudged inVOL. XII. the chapel, on Thursday, the 31st of March, 1687; where it was unanimously agreed to proceed to the election of a President on Wednesday the 13th of April following, at nine o'clock in the morning, in the chapel and in capable of receiving the same, and it requires all archbishops and other ecclesiastical officers to take notice of the sentence, and yield obedience thereto. This severe and unheard of sentence was opposed by some of the Commissioners. "It is said as if baron Jenner would have his quietus; some say he boggled at the late sentence against the Magdalen fellows. "Sept. 1688. A minister lately dying in the diocese of Glo'ster, his living in the gift of Magdalen college, Dr. Hough and some of the expelled Fellows met and presented a Mr. Baily (one that was expelled) and he hath applied to the bishop of Glos'ter for institution and induction, and it is thought he will have it. "October. His majesty hath been pleased to restore Dr. Hough, the President, and Fellows of Magdalen college, in Oxford, and given the bishop of Winchester, their visitor, order in the same. Oh! rare invasion, to occasion so many gracious acts in restoring things to their old legal foundation, which hath been the work of some years past to unhinge. "The Popish Scholars and Fellows that were lately settled at Magdalen college, in Oxford, have been found since their turning out to have much embezzled the plate belonging to the college. "Several pardons are passing at Whitehall; it is said the Ecclesiastical Commissioners have taken them out, the lord chief justice Wright and baron Jenner." B 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 o'clock; and in order thereunto, the sacrament was to be administered first; and accordingly it was adjourned. order thereto, the Vice-President caused a Citation to be fixed on the chapel-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 the 9th, That morning, the Vice-president and fellows being Friday, April 15, at nine o'clock in the the said Mr. Farmer was uncapable, by their met, Dr. Thomas Smith and captain Bagshaw, statutes, of being president; and therefore did two of the Fellows, acquainted the rest, from most humbly pray his majesty to leave them my lord-president of the council, That in anto a free election, or recommend such a perswer to their Petition, his majesty had sent his son to them as was capable by their statutes. letter to the college, that he expected to be Monday, April 11, his majesty's Letters obeyed.' After which, the Vice-President read Mandatory were delivered by the hands of Mr. again the king's letter to them, and asked, wheRobert Charnock,* master of arts, and fellowther, in obedience thereunto, they would elect of the said college, directed to the Vice-Presi- and admit Mr. Farmer president? They dent and fellows of Magdalen-College in Oxon, answered, That they desired they might requiring them forthwith to elect the said Mr. proceed to an election. Then the Vice-PreFarmer, and admit him president: which let-sident having proposed whether having received ter the Vice-President read in the chapel of the said college, between the hours of four and five o'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 president? 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 o'clock. All the fellows being then met, the VicePresident 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 o'clock. Thursday April the 14th, at nine o'clock in the morning, all the fellows being met, the Vice-President told them, That the election of á President 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 nccessary they should come to some resolution. He told them He was afterwards executed for being concerned in the Assassination-Plot against king William. See his Trial, a. D. 1696, infra. his majesty's pleasure in answer to their petition, they would make any further address? the Vice-President, Dr. Fairfax,* Dr. Pudsay, and Dr. Thomas 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. Thomas Smith, who was not for going to election, until the king should again be petitioned. · This, therefore, being the sense of the majority, That they ought to proceed to the election of a president, according to the statutes, and this the last day limited for election; in order thereunto, the holy sacrament was so. lemnly taken by all except Mr. Charnock. Then the statute De Electione Præsidentis,' 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 president (except Mr. Thompson and Mr. Charnock, who refused it:) and the two senior fellows were sworn scrutators in the scrutiny of the whole society. For the nomination of a president, Mr. Hought, and Mr. Maynard had each of them the major part of all the voices; and were accordingly Afterwards dean of Norwich. + Shortly after the Revolution he was made bishop of Oxford, and afterwards successively of Litchfield and Coventry, and of Worcester, in which he continued till bis death in 1743, at the age of 92. He was a most excellent man, and united with the spirit and firmness which is displayed in the transactions before us great meekness and sweetness of temper. Nash in his history of Worcester mentions some particulars of him. See too, his Life in the Biographia, dation, has obtained your most excellent Ma'jesty's recommendation to be President of your majesty's college, in the room of Dr. Henry Clark, deceased. pronounced by the senior scrutator, 'Nominati in Ordine ad Electionem Præsidentis.' Then the thirteen senior fellows being met to elect one of these two President; and every one of them sworn acccording to the statute; eleven of them elected Mr. Hough, who was accordingly pronounced President of St. Mary Magdalen College in Oxon, by the senior scrutator, in the presence of all the fellows: And Mr. Maynard was appointed by the thirteen senior fellows to present the said President 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, president elect, was presented to the visitor [the Bishop of Winchester, Dr. Peter Mews], by Mr. Maynard, who at the same time delivered to bis Lordship an instrument under the College-seal, containing the proceedings of the election: after a sight whereof, Mr. Hough was sworn and admitted President by his lord-A ship, according to the statutes. Sunday, April 17, Mr. Hough, at his return to the College, took the same oath again before the Society, and afterwards as President took his seat in the chapel, at four o'clock prayers in the afternoon. A Copy of the King's Mandate to the Fellows of Magdalen-College. JAMES R. Trusty and well-beloved, We Given at our Court at Whitehall, the fifth year of We, therefore, with all submission, as becomes your most dutiful and loyal sub'jects, 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 con'sciences, 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 ma'jesty's college." Copy of the Lord Sunderland's Letter to the Fellows. 'Gentlemen; The king being given to un'derstand, That notwithstanding his late mandate sent to you, for electing Mr. Farmer to choice of another person; his majesty com. 'be President of your college, you have made 'mands me to tell you, He is much surprized '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, Gentlemen, 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 President. Clark, late President of St. Mary-MagdalenUpon notice of the death of Dr. Henry College in Oxon, the vice-president called a meeting of the fellows in order to appoint a day for the election of a new President. 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 premonition was fixed upon the chapel-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 President: but he having never been Fellow of that College, nor New-College, 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 President, they did not imagine it was, or could be his majesty's pleasure, that they should act so directly contrary to the ex |