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A58452
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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 vertue of His letters dispensatory
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1689
(1689)
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Wing R857; ESTC R9649
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9,340
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17
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accident which we thought would have put an end to the controversie Another Person appear'd with a Letter of Nomination from the King of a Date antecedent to that of Popham's And 't was a Person qualified for the Place one Cardonel a French Protestant Naturaliz'd This we thought had been a soft method invented by the Court to supersede Popham's Letter and so let the Controversie fall without nolse But it prov'd 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 IAMES R. RIght Trusty and Right Welbeloved Cousins and Counsellors and Right Trusty and Welbeloved Counsellors and Trustees We greet you well We did by Our Letter of the 17 th of December last signifie 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 tendring 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 pleas'd 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 forth-with 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 past 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 21 th 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 onely a Broad-Seal that all the Forces of the Dispensing Power might be employ'd in this attack against Charter-house At length a Broad-Seal was sent to compleat 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 onely but several Others also in the University of Cambridge Four or Five there that were dispens'd 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 c. To all to whom these Presents shall come Greeting Whereas Joshua Basset and Andrew Popam Elected or directed by VS 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 meer motion have given and granted and by these Presents for Vs Our Heirs and Successors do give and grant unto the said Joshua Basset c. 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 administring 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 Entituled An Act for the Vniformity of Publick 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 Entituled 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 Vniversity of Cambridge or of the Colledges or Hospital heretofore mentioned AND OUR PLEASURE ALSO IS and we hereby require enjoyn and Command the Governours 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
his Order But he told them the business was now depending before the Governours in a Body and therefore no single Governour could act separately in it My Lord of Canterbury as I told you call'd an Assembly of the Governours 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 Governours 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 Governours 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 17 th of December last and the other the 21 th 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 tendring 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 Governours 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 our selves to be tyed up and to lye 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 Governours 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. BVRNET 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 hinder'd the further proceedings of the Court against Charter-House The Persons concern'd were of so great a Character so much consider'd 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 Try'd 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 enter'd 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 conniv'd at thus long But in this interval we had several threatnings 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 Summon'd 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 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 Governour of the said Hospital shall before he exercise the Place of a Governour 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