the First's charter to the University concerning the visitation of Colleges,() that the College had no special visitor, and that Mr. Patrick had not appealed either to the Chancellor or Vicechancellor of the University, or to the Bishop of Ely within whose diocese the Town and University of Cambridge were. This return was excepted to, and there were various arguments at the bar with respect to its sufficiency, and as to the right of the Court of King's Bench to award a mandamus in such a case. At length, in Hilary Term 1666-7, the Court gave judgment, Lord Chief Justice Kelynge and Mr. Justice Moreton were for awarding a peremptory mandamus, but Justices Twysden and Wyndham held that there being a visitor the Court of King's Bench had no power to interfere. Mr. Patrick ultimately ceded his pretensions to the Presidentship and by consent the return was ordered to be vacated.(2)

Bishop Patrick's own account of this matter is subjoined:

On the 29th of April, 1662, I had news from Cambridge of the death of Dr. Martin, Master of Queen's College; and that the major part of the fellows expressed their desires to have me to be their President, as the statutes call the Master. I find, by the memorial of things I have kept that year, that I felt no ambition of that preferment, but prayed to God, whose wisdom governs all things, that he would incline them to do that which would be most beneficial for the place of my education. Nay, I beseeched Him to hinder my advancement, if I were not fit for it, and might not do Him more service there than elsewhere. I beseeched God also to govern that affair, that the electors might act more out of love to Him than unto me; and that they would consult with their judgment and conscience more than with their affections.

I was desired to come to college, and on the fifth of May word was brought me to Trompeton, within a mile of Cambridge, that I was legally chosen by the majority of the fellows, but another admitted, contrary to the statutes. For thus the election was managed. The senior fellow went up to the Communion table, and read the statute, and invoked the Holy Ghost to direct their choice, and they were sworn to choose him whom they knew most worthy. Then he read a letter from the King recommending Dr. Sparrow to their choice, and standing in scrutiny, the fellows came up one by one, and in a paper wrote their suffrages, (which I still have to shew;) and when he saw that eleven of nineteen had wrote for me, he snatched up the paper, and read a mandamus from the King to choose Dr. Sparrow.

They told him he should have produced it sooner, for now it was too late, another being chose by the major part of the fellows, before they knew the King's mind. But the old man, one Mr. Brian, pronounced Mr. Sparrow to be chosen, by the King's authority, and admitted him. I came to the college when this was done, and staying one night with my friends, returned to London, to advise what was to be done in this case. All my acquaintance told me I had a good action against him that refused to admit me, which was de

(1) Vide ante, p. 15.

(2) Levinz's Reports, i. 65, Sir Thomas Raymond's Reports, 101; Siderfin's Reports, i. 346; Tremaine, Placita Coronæ, 472; Kennet, Register and Chronicle, 596, 675; Bp. Patrick's Autobiography, 41-51.

manded, and advised me to move for a mandamus in the King's bench [for my] admission. I followed this advice, May 9th, in Westminster hall; which was not granted by the judges. Whereupon Mr. Serjeant Keeling (who was my counsel) expressing great dissatisfaction at it, as they were at dinner in Sergeants' Inn; desiring all that were present (judges and serjeants) to give their opinion. Who all declared I ought to have right done me; and judge Twisden bid him move it again. It was moved May 12th, and granted; and the same day a commission being sent to the Vice-chancellor, the two divinity Professors, and the Provost of King's, to suspend all those who chose me, it was executed this day: which did not in the least daunt any of them: but one of them wrote me word that he never spent a quieter hour in all his life, than when he was thus censured. No return being made to the writ of mandamus, I had an alias granted me, (on the 31st May, and June 6th I had a new motion made for me, which was granted me:) but on the 14th my business was put off till the next term. Which gave me no trouble at all; for I find that all along my mind was in a most happy temper, full of good thoughts and earnest desires that God would assist me to manage it with a meek charitable spirit, without the least hatred to any man whatsoever.

On the 22nd of October I was summoned to appear before some commissioners, whom the King appointed to hear our business. I was advised by some hot persons not to go. But both I and the fellows who chose me appeared on the 30th at Worcester house, before the Lord Chancellor, the Bishops of London, Winchester, Ely, and others, whose names I have forgot, where I was thought to speak very pertinently in my own behalf. And the Lord Chancellor, after some sharp words, bade us bring what friends we pleased with us the next time they met to examine the business, and they should see whether they did not do us justice. But on the 3rd of November, when we appeared again, they were all shut out: and I having then thought fit to entertain counsel, when I came to call Serjeant Keeling to go along with me, he told me he was ordered at that hour to wait upon the King at the council table. So I was forced to desire leave I might plead my own cause as well as I could; which was granted, and some of the fellows had permission to speak, who made it so evidently appear that I was duly chosen, that the counsel on the other side had nothing to reply, but that they were fellows only by the King's grace and favour, who sent a mandamus that all should keep their fellowships at the restoration who were not in sequestered places. To which Dr. Cradock answered, that it was true, his Majesty had sent such a mandamus, but Dr. Martin the Master said this was not sufficient to give them so good a title as he desired they should have; and therefore called all the old fellows together, who had been rejected and now restored, who chose every man of them regularly, according to the statutes, and admitted them fellows. At which the Chancellor said, "Well then, he is legally chosen; but will he yield nothing to the King?" I humbly told him I had nothing to yield, but if they pleased to put me in possession of that to which they acknowledged I had a right, they should see what I would do. Upon which he was angry, and bade all our names to be taken and set down in writing, that we might be noted as a company of factious fellows; and then bid us withdraw; and we heard no more of this commission, by which we were heard, and nothing determined. I have not here set down a great many strange things that were said at this hearing, because I reverence the memory of that great man, who hath deserved highly of this nation. His intention was only to discourage [me]

from proceeding in my action in Westminster hall, which I plainly signified I would pursue, though I did not decline their judgment.

On the 10th I was told that my counsel was taken off; and when I went to him to know the truth, he freely confessed he had received instructions to meddle no more in my business, which was moved again by another person on the 27th of November, in Westminster hall. But after a long attendance there, for two years, or more, I found it was to no purpose; for after three arguments by sir William Jones, sir Thomas Raymond, and another, the judges were divided; two being of opinion that the mandamus did lie, and I ought to be admitted, the other two were against it; so that it was to be an exchequer case before the judges, who it is likely would have been equally divided. Therefore I let it fall, being settled in a better place, wherein I hope I did more good than I should have done there.(1)

By the Act of Uniformity it was enacted that all Masters and other heads, fellows, chaplains and tutors of or in any College, Hall, or House of Learning, and every publick professor and reader in either of the Universities, who upon the 1st of May, 1662, had, or at any time thereafter should have, possession of any mastership, headship, fellowship, professor's place or reader's place, should before the feast day of St. Bartholomew, 1662, or at or before their admission, subscribe the declaration or acknowledgment following:

I, A. B. do declare, [That it is not lawful, upon any Pretence whatsoever, to take Arms against the King; and that I do abhor that traiterous Position of taking Arms by his Authority against his Person, or against those that are commissionated by him; and] (2) that I will conform to the Liturgy of the Church of England, as it is now by Law established. [And I do declare that I hold, there lies no Obligation upon me or any other Person, from the Oath commonly called, The Solemn League and Covenant, to endeavour any Change or Alteration of Government either in Church or State; and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm against the known Laws and Liberties of this kingdom.](3)

Which declaration and acknowledgment should be subscribed by every of the said Masters and other heads, fellows, chaplains and tutors of or in any College, Hall, or House of Learning, and by every publick professor and reader in either of the Universities, before the Vicechancellor of the respective Universities for the time being, or his deputy; upon pain that every person failing in such subscription, should lose and forfeit his mastership, headship, fellowship, or professor's place, and should be utterly disabled and ipso facto deprived of the same: and that every such mastership, headship, fellowship, professor's place, or reader's place should be void, as if such person so failing were naturally dead.

It was further enacted, that no form or order of common prayers, administration of sacraments, rites or ceremonies, should be openly

(1) Bp. Patrick's Autobiography, 41-51.

(2) The part within brackets was repealed by stat. 1, W. & M. sess. 1, c. 8, sect. 11.

(3) The words within these brackets were to be omitted after 25th March, 1682.

used in any church, chapel, or other public place of or in any College or Hall in either of the Universities, other than is prescribed and appointed by the Book of Common Prayer, and that the then governor or head of every College and Hall in the Universities, should within one month after the feast of St. Bartholomew, 1662, and every governor or head of any of the said Colleges or Halls thereafter to be elected or appointed, within one month next after his election or collation, and admission into the same government or headship, should openly and publicly in the church, chapel or other public place of the same College or Hall, and in the presence of the fellows and scholars of the same, or the greater part of them then resident, subscribe unto the nine and thirty articles of religion, and unto the said book, and declare his unfeigned assent and consent unto, and approbation of, the said articles, and of the same book, and to the use of all the prayers, rites, and ceremonies, forms and orders in the said book prescribed and contained, according to the form given in the act ;(1) and that all such governors or heads of the said Colleges and Halls, or any of them, as were or should be in holy orders, should once (at least) in every quarter of the year (not having a lawful impediment,) openly and publicly read the morning prayer and service in and by the said book appointed to be read, in the church, chapel or other public place of the same College or Hall; upon pain to lose and be suspended of and from all the benefits and profits belonging to the same government or headship, by the space of six months, by the visitor or visitors of the same College or Hall; and if any governor or head of any College or Hall, suspended for not subscribing unto the said articles and book, or for not reading of the morning prayer and service as aforesaid, should not at or before the end of six months next after such suspension, subscribe unto the said articles and book and declare his consent thereunto as aforesaid, or read the morning prayer and service as aforesaid, then such government or headship should be ipso facto void.

It was however provided that it should and might be lawful to use the morning and evening prayer and other prayers and service prescribed in the Book of Common Prayer, in the chapels or other public places of the respective Colleges and Halls in both the Universities in Latin.

After certain enactments respecting lectures and lecturers it is provided that the act should not extend to the University churches in

(1) 1, A. B. do here declare my unfeigned Assent and Consent to all and every Thing con tained and prescribed in and by the Book intituled the Book of Common Prayer &c. &c."

the Universities of this realm, or either of them, when or at such times as any sermon or lecture is preached or read in the said churches, or any of them, for or as the public University sermon or lecture, but that the same sermons and lectures might be preached or read in such sort and manner as the same had been theretofore preached or read.(1)

In an Act for repairing and enlarging common highways is a clause empowering Justices of Assize and of the Peace to inquire after, hear, and determine all matters concerning charitable gifts for amending highways, pavements, streets and cawseys, except gifts to those uses to any College or Hall which had visitors of their own.(2) In augmentation of the King's revenue a tax of 2s. per annum was imposed upon fire hearths.(3) Chambers in Colleges (4) were expressly subjected to this tax.(5) The number of fire hearths in Cambridge at or about this time was :

yielding to the Crown the annual sum of £532. 18s.(6)

5,329

By a temporary Act for preventing abuses in printing and regulating printing and printing presses, all books were to be licensed. Books of common law, by the Lord Chancellor or Lord Keeper, the Chief Justices and Chief Baron; books of history and concerning affairs of state, by one of the Secretaries of State; books of heraldry, &c. by the Earl Marshal or Kings of Arms, and all other books whether of divinity, physic, philosophy, or whatsoever other science or art, by the Archbishop of Canterbury and Bishop. of London, or either one of the Chancellors or Vicechancellors of either one of the Universities: with a proviso that the Chancellors or Vicechancellors of the Universities should only license such books as were to be imprinted or reprinted within the limits of the Universities respectively, but not in London or elsewhere, not meddling with books of the common law or matters of state or government, nor any book or books the right of printing whereof

(1) Stat. 13 & 14 Car. II. c. 4, ss. 8, 9, 10, 17, 18, 23.

(2) Stat. 14 Car. II. c. 6, s. 13.

There is a similar clause in Stat. 22, Car. II. c. 12.

(3) This tax, commonly called Chimney money, was designed to be perpetually annexed to the Crown. William the Third obtained considerable popularity by abandoning it, as it had been collected in a very arbitrary manner. The annual amount was about £256,000.

(4) The University of Oxford made an unsuccessful attempt to get rid of this tax.-Wood, Athenæ Oxonienses, ii. 539,

(5) Stat. 13 & 14 Car. II. c. 10.

(6) MS. Metcalfe, 171.