THE late Usurpation upon the Laws of England by a Dispensing Power, was so remarkable and singular, that every instance of it ought to be recorded to posterity. They begun very early with M ^r Sutton's Hospital, commonly called the Charter-house: and the King sent a Papist to be admit­ted Pensioner or poor Brother there, contrary to all rules of that Foundation. But he came accordingly armed with a Royal Dispensation, both as to his Conformity to the Church of England, and as to the Oaths of Allegi­ance and Supremacy: Which they are bound to take at their admission into that place.

The Governours of the Hospital, Persons of the great­est quality, shewed themselves Faithful Trustees to M ^r Sut­ton upon that occasion. And, tho' they had no precedent, at that time, to follow, made a vigorous resistance to this encroaching power. Whereby they did good Service also to the Publick, in that low station of a private Hospital. As sometimes a little Frontier Garrison, well defended, gives a check to a great Army, and a good example to the rest of the Countrey, to stand stoutly upon their defence.

The KING's Letter was as followeth.

[Page 3] This Letter was not delivered to the Master of the Ho­spital, but to the Register at his house in the City. Who thereupon did not come to acquaint the Master with the contents of it, but sent this Andrew Popham to him, to be ad­mitted, with a Certificate under his hand, in the usual form, as for an Admission of course. Giving the Master no No­tice that he was a Papist, on that the King had dispens'd with his taking the Oaths and with his Religion.

The Certificate was This.

Popham came to the Master with this Certificate, and de­sir'd to be admitted. The Master askt him, where his Let­ter of Nomination was, and to whom it was directed? He said it was directed to the Governors of the Hospital, and he had left it in the Register's hands. If it was directed to the Governors, the Master told him, it must be deliver'd to them, before he could act upon it. And so telling him when there would be a meeting of the Governors, dismist him without admission.

The day appointed for the meeting of the Governors, was the Munday after Twelve-tide; but there did not come a full number at that time, so they could not act. But on the 17 th. following, there was a full Assembly, and Popham was present, and his business heard. The King's Letter being read to the Governors, My Lord Chancellor Ieffrys present­ly mov'd, that they should immediately, without any debate, proceed to vote, Whether Andrew Popham should be ad­mitted or no, according to the King's Letter. And 'twas put upon the Master, as Junior, to vote first. But the Ma­ster told them, he thought it was his duty to acquaint their Lordships with the state and constitution of the Hos­pital, [Page 4] before they proceeded to a Vote. This was opposed by some, but, after a little debate, the Master was heard; Who thereupon acquainted their Lordships, That to admit a Pensioner into that Hospital, without taking the Oaths of Allegiance and Supremacy, was not only contrary to the Constitutions of the House, but also to an Act of Parlia­ment provided in that case; namely, to the Charter-House Act 3. Car. In which it is declar'd and order'd in express terms, that no Person, Governour, Officer, nor Pensioner, shall be admitted into this Hospital, till they have taken the Oaths of Allegiance and Supremacy. When the Master had said this, One Governour answer'd, What is this to the purpose? To whom the late Duke of Ormond reply'd, He thought it was very much to the purpose; For an Act of Parliament was not so slight a thing, but that it deserv'd to be consider'd. Hereupon, after some discourse, the Que­stion was put again, 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. Whether Andrew Popham should be ad­mitted or no: and it was carried in the Negative.

This, I think, was the first Stand that was made against the Dispensing Power, by any Society in England. After which, fol­lowed the opposition it met with at the University of Cam­bridge, and at Magdalen Colledge in Oxford. The Governours of Charter-House had a fresh Example in sight, of a tame resig­nation to that Dispensing Power, in an Instance where both the honour of the Church, and many Acts of Parliament, were concern'd; But that had no other effect upon them, than to make them think it the more necessary to stand in the breach that was already made, and to stop the progress of that Torrent, which was in a fair way, at that time, to over-run the Nation.

They intended to have return'd an Answer in Writing forthwith to the King's Letter; But as soon as that Vote was past, my Lord Chancellor flung away, and some others followed him; so that there was not a Number left to act as an Assembly, or to do any more business at that time. My Lord of Canterbury attempted several times afterwards to have another Assembly, that this Letter might be writ [Page 5] to the King, but could not get a full Number together, till Midsummer following.

While the business was hanging thus, there happen'd an 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 'twas 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.

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.

[Page 7] 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 [Page 8] 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 and perform all and whatsoever is or ought to be acted, done and performed by them respectively, for the Electing, admitting and esta­blishing the said Andrew Popham to be one of the poor men in the said Hospital, and to have and enjoy all the Profits, benefits and advantages, to any poor man in the said Hospital belong­ing. Notwithstanding that the said Andrew Popham hath not taken, or shall omit, neglect or refuse to take the Oaths of Supremacy and Allegiance, or either of them: Or hath not done or performed, or shall omit, neglect, or refuse to do or perform what by the said Acts of Parliament, or any of them, or by one other Act of Parliament made in the Third or Fourth Year of the Reign of our late Royal Grandfather King James, over England, &c. Entituled, An Act for the establishing and confirming of the Foundation of the Hospital of King Iames, founded in Charter-House, in the County of Middlesex, at the humble Petition and only Costs and Charges [Page 9] of Thomas Sutton, Esquire; and of the Possessions thereof. Or by any Statute, Law, Constitution, or Custom of the said Hospital, he is enjoyned or required to do or perform: as if he had fully and effectually done or performed the same. AND do hereby further for Vs, our Heirs and Successors, authorize and impower the said Joshua Basset—and Andrew Popham, to accept, hold and continue in the said respective Promotions and Places, with all the rights▪ profits, powers, priviledges, authorities and advantages whatsoever to the same respectively belonging, without incurring any pain, penalty, loss, disability, or censure whatsoever, and also to tra­vel to the Cities of London and Westminster, and to come, remain, and be in our Presence, or in the presence of Our Royal Consort the Queen, or of Katharine Queen Dowager of Eng­land, or in Our Court, or in the Court or House where We or They are, or shall be, or reside, although the said Joshua Basset—and Andrew Popham have not, or any of them hath not done or performed, or shall at any time or times hereafter omit, neglect or refuse to do or perform any thing or things enjoyned, required or enacted to be done or performed by the said Acts of Parliament, or either of them, or in or by any other Act or Acts of Parliament made in the Thirtieth Year of the Reign of our said late Royal Brother King Charles the Second, or in the first, fifth, thirteenth, three and twentieth, seven and twentieth, nine and twentieth, and five and thirtieth Years of the Reign of the late Queen Elizabeth, or in the first or third Years of the Reign of Our late Royal Grandfather King James over England, &c. Or in or by any Statute, Constitution, or Custome of, or in the Vniversity of Cambridge, or of the Respective Colledges and Hospital aforesaid, or any of them: and although the said Joshua Basset—and Andrew Popham, or any of them have or hath committed or done, or shall commit or do any thing or things contrary unto any of the said Acts of Parliament, or any or either of them, or contrary unto any clause, article or thing in them, or any of them contain­ed, or contrary unto any Statute, Constitution or Custome of, or in the said Vniversity of Cambridge, or of the several and respective Colledges and Hospital aforesaid, or any of them. AND to the end that this Our Royal Licence, Dis­pensation and Grant may have its due effect, We do hereby [Page 10] of Our further especial Grace, certain knowledge and meer motion, pardon, remit, exonerate and discharge the said Joshua Basset—and Andrew Popham, of and from all Trea­sons, misprisions of Treason, crimes, offences, pains, penalties, suspensions, deprivations, sentences, censures, forfeitures and dis­abilities by them, or any of them, incurred or to be incurred, or whereunto they or any of them now are, is, or hereafter may be liable for, or by reason of their or any of their having acted, done or committed any thing or things contrary to the said Acts or any of them, or for that they or any of them have or hath omitted, neglected or refused, or shall at any time here­after omit, neglect or refuse to do, execute or perform any thing or things enjoyned or required to be done, executed or performed in or by the said Acts of Parliament, or any of them, or in or by the Statutes, Constitutions or Customes of the Vniversity of Cambridge, or of the respective Colledges or Hospital afore­said or any of them, hereby enjoyning and requiring all and singular Courts and Iudges, as well Ecclesiastical as Civil, to supersede and forbear at all times hereafter all prosecutions and proceedings whatsoever against the said Joshua Basset —and Andrew Popham, or any of them, for or by reason of any matter or thing hereby dispensed with, licensed or remitted. AND our pleasure is, and we do hereby of Our more abundant grace, certain knowledge, and meer motion, grant and declare, that these Presents shall be in and by all things firm valid and effectual in the Law, and shall be avail­able for the purposes aforesaid, notwithstanding the said Acts of Parliament, or any of them, or any the Statutes, Constitutions, or Customes of the said Vniversity of Cambridge, or of the Colledges or Hospital aforesaid, or any of them. AND not­withstanding the not reciting or mentioning, or not sufficiently or particularly reciting or mentioning, or misreciting the Sta­tutes, Constitutions or Customes of the said Vniversity, Colledges or Hospital aforesaid, or any of them, or the Titles or Contents thereof. AND notwithstanding that the said Joshua Basset —and Andrew Popham, or any of them is, are or at any time hereafter shall be a convict Recusant, or convict Recusants. And notwithstanding any misnomer, misrecital, or other defect or Imperfection in these Presents; and any Act, Ordinance, Provision, Proclamation, Disability or Restri­ction to the contrary thereof in any wise notwithstanding. [Page 11] IN WITNESS whereof we have caused these Our Let­ters to be made Patents. WITNESS Our Self at West­minster the Fourth day of March, in the Third Year of Our Reign.

There was a great mistake committed in these Letters Patents and in a part that requir'd the greatest care. The Act of Parliament that should have been dispens'd with in behalf of Popham, was 3 Caroli. Whereas the Patents refer to, and dispence with one in the 3 d. or 4 th. Year of King Iames. The Governours were made sensible of this, but they would not lay any stress upon a Circum­stance, when the substance was faulty, and therefore took no notice of it.

This is the summ and substance of the Letters Patents, MANDATORY and DISPENSATORY. And as to the Case of Popham, in vertue of that clause, where the Gover­nours of Sutton's Hospital, and all other persons concerned, are required to act and perform whatsoever ought to be done and performed by them respectively, for the Electing, ad­mitting and establishing the said Andrew Popham in the said Hospital. In vertue, I say, of this clause, they de­manded present admission of the Master; Admissions being made by 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.

[Page 14] 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.