Burnet, speaks of this arbitrary
attempt of prerogative in terms not less decisive. "The president, and
all the fellows," says he, "except two, who complied, were expelled the
college, and Parker was put in possession of the office. This act of
violence, of all those which were committed during the reign of James,
is perhaps the most illegal and arbitrary. When the dispensing power was
the most strenuously insisted on by court lawyers, it had still been
allowed that the statutes which regard private property could not
legally be infringed by that prerogative. Yet, in this instance, it
appeared that even these were not now secure from invasion. The
privileges of a college are attacked; men are illegally dispossessed of
their property for adhering to their duty, to their oaths, and to their
religion."
This measure King James lived to repent, after repentance was too late.
When the charter of London was restored, and other measures of violence
were retracted, to avert the impending revolution, the expelled
president and fellows of Magdalen College were permitted to resume their
rights. It is evident that this was regarded as an arbitrary
interference with private property. Yet private property was no
otherwise attacked than as a person was appointed to administer and
enjoy the revenues of a college in a manner and by persons not
authorized by the constitution of the college. A majority of the members
of the corporation would not comply with the king's wishes.
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