Meanwhile the Registrar and Bedells waited on Francis, and informed him that, if he would take the oaths according to law, he should be instantly admitted. He refused to be sworn, remonstrated with the officers of the University on their disregard of the royal mandate, and, finding them resolute, took horse, and hastened to relate his grievances at Whitehall.
The heads of the colleges now assembled in council. The best legal opinions were taken, and were decidedly in favour of the course which had been pursued. But a second letter from Sunderland, in high and menacing terms, was already on the road.
Albemarle informed the University, with many expressions of concern, that he had done his best, but that he had been coldly and ungraciously received by the King. The academical body, alarmed by the royal displeasure, and conscientiously desirous to meet the royal wishes, but determined not to violate the clear law of the land, submitted the humblest and most respectful explanations, but to no purpose. In a short time came down a summons citing the Vicechancellor and the Senate to appear before the new High Commission at Westminster on the twenty-first of April. The Vicechancellor was to attend in person; the Senate, which consists of all the Doctors and Masters of the University, was to send deputies.
When the appointed day arrived, a great concourse filled the Council chamber. Jeffreys sate at the head of the board.
Rochester, since the white staff had been taken from him, was no longer a member. In his stead appeared the Lord Chamberlain, John Sheffield, Earl of Mulgrave. The fate of this nobleman has, in one respect, resembled the fate of his colleague Sprat. Mulgrave wrote verses which scarcely ever rose above absolute mediocrity: but, as he was a man of high note in the political and fashionable world, these verses found admirers. Time dissolved the charm, but, unfortunately for him, not until his lines had acquired a prescriptive right to a place in all collections of the works of English poets. To this day accordingly his insipid essays in rhyme and his paltry songs to Amoretta and Gloriana are reprinted in company with Comus and Alexander's Feast. The consequence is that our generation knows Mulgrave chiefly as a poetaster, and despises him as such. In truth however he was, by the acknowledgment of those who neither loved nor esteemed him, a man distinguished by fine parts, and in parliamentary eloquence inferior to scarcely any orator of his time. His moral character was entitled to no respect. He was a libertine without that openness of heart and hand which sometimes makes libertinism amiable, and a haughty aristocrat without that elevation of sentiment which sometimes makes aristocratical haughtiness respectable. The satirists of the age nicknamed him Lord Allpride. Yet was his pride compatible with all ignoble vices.
Many wondered that a man who had so exalted a sense of his dignity could be so hard and niggardly in all pecuniary dealings.
He had given deep offence to the royal family by venturing to entertain the hope that he might win the heart and hand of the Princess Anne. Disappointed in this attempt, he had exerted himself to regain by meanness the favour which he had forfeited by presumption. His epitaph, written by himself, still informs all who pass through Westminster Abbey that he lived and died a sceptic in religion; and we learn from the memoirs which he wrote that one of his favourite subjects of mirth was the Romish superstition. Yet he began, as soon as James was on the throne, to express a strong inclination towards Popery, and at length in private affected to be a convert. This abject hypocrisy had been rewarded by a place in the Ecclesiastical Commission.285Before that formidable tribunal now appeared the Vicechancellor of the University of Cambridge, Doctor John Pechell. He was a man of no great ability or vigour, but he was accompanied by eight distinguished academicians, elected by the Senate. One of these was Isaac Newton, Fellow of Trinity College, and Professor of mathematics. His genius was then in the fullest vigour. The great work, which entitles him to the highest place among the geometricians and natural philosophers of all ages and of all nations, had been some time printing under the sanction of the Royal Society, and was almost ready for publication. He was the steady friend of civil liberty and of the Protestant religion: but his habits by no means fitted him for the conflicts of active life. He therefore stood modestly silent among the delegates, and left to men more versed in practical business the task of pleading the cause of his beloved University.
Never was there a clearer case. The law was express. The practice had been almost invariably in conformity with the law. It might perhaps have happened that, on a day of great solemnity, when many honorary degrees were conferred, a person who had not taken the oaths might have passed in the crowd. But such an irregularity, the effect of mere haste and inadvertence, could not be cited as a precedent. Foreign ambassadors of various religions, and in particular one Mussulman, had been admitted without the oaths. But it might well be doubted whether such cases fell within the reason and spirit of the Acts of Parliament. It was not even pretended that any person to whom the oaths had been tendered and who had refused them had ever taken a degree; and this was the situation in which Francis stood. The delegates offered to prove that, in the late reign, several royal mandates had been treated as nullities because the persons recommended had not chosen to qualify according to law, and that, on such occasions, the government had always acquiesced in the propriety of the course taken by the University. But Jeffreys would hear nothing. He soon found out that the Vice chancellor was weak, ignorant, and timid, and therefore gave a loose to all that insolence which had long been the terror of the Old Bailey.
