any Act Statute Ordinance Provision Proclamation or Restriction to the contrary so that in this one Instance the Kings dispensing power to be put in Execution by Commissioners is most amply manifested Understand it in matters wherein Mandates have been used and whatever power the King can give to Commissioners he may Execute himself by his Royal Mandate and if he can dispense with the Statute surely the obligation of an Oath to observe that Statute ceaseth as I shall largely shew hereafter ☞ By the Execution of this Commission whereof I shall now treat it will be apparent that the design of this Visitation was to abolish the Catholic Religion there and plant the Reformation in the University which they did by changing the Magistrates or Governing part of the Colleges disannulling the old and making new Statutes censuring and punishing all whom they found culpable according to the Articles which they published to abolish the power of the Bishop of Rome and present Clergy and set up the Kings Supremacy Which Articles I am informed are extant tho' I have not yet been so fortunate as to have procured any Copy of them § 10 I shall now Abreviate the proceedings of the Commissioners in that Visitation by which it will appear What the Commissioners did in this Visitation how merciful our King hath been in this last Visitation comparatively to what was then done ☞ First The King praevious to this Visitation Wood Antiq. Oxon. fol. 269. a. In Turri Schol. N. 17. The Suspension of Elections and College Acts during the Visitation in his Mandate to the University Commanded that no Graduate should proceed to the Election of a President or Fellow of any College or do any Act that should hinder the Visitation so that during the Visitation no Statutes were observed and none of the University could attain any Office without consulting the Visitors and my Author saith that the Commissioners especially Cox put in their Friends and Dependents every where into places as he Instanceth in Maurice Ley an Irish Man Fellows made contrary to Statutes who was made a Fellow of Exeter College contrary to their Statutes and Edmund Cooke Esquire wholly Ignorant of University Learning made Fellow of the same College so George Cartwright Born in Nottinghamshire thereby Secluded by the Statutes was made Fellow of Corpus Christi College And by the Mandate aforesaid the Execution of the Statutes of the University were Suspended The Execution of the Statutes Suspended by which means the Jurisdiction of the Masters of Colleges and other University Magistrates being in a manner Abrogated it might remain in the Visitors power only to inflict punishments When the Commissioners had deprived the Choristers and Singing Boys of their Stipends Id. fol. 270. b. Concerning Choristers and Signing-Boys the Towns-men representing the dammage it would be to them by reason their Children were thereby provided for This was something mitigated Some of the Chantries were converted to Stipends but mostly those in Parish Churches whereof some were of the Patronages of Colleges were sold away But of these things and the change of Divine Service I shall not speak because they were according to the Reformation through the Kingdom after the Book of Common Prayer was Established § 11 ☞ The Visitors made a new Book of Statutes which were called King Edward the Sixth's Statutes Id. fol. 271. a. Anno 1549. The Visitors make a new Book of Statutes which altho' in the most part they were contrary to the Ancient Statutes of the University yet they were in force till those were made which now are used I pass by the great destruction made of Books in the public and private Libraries Id. fol. 271. b. The destruction of Books where few that had any Red Letters or were Writ by any in the two last Centuries escaped the Fire or worse uses tho' they were Books of Divinity Astronomy or Mathematics The Books being brought in great heaps into the Market places and publickly burnt of which the Reader may peruse a sad Account in Dr. Heylin and Mr. Wood. I shall omit the Cases of Ralph Skinner and Gualter Haddon till I come to Treat of the Kings dispensing with Statutes § 12 ☞ The severity of the Visitors continued from the Year 1549. to th Year 1553. 10. Mariae Id. fol. 272.273 274. The severe proceedings of the Commissioners in which time by the absenting themselves or Expulsion of so many Fellows the Colleges were left very thin the Writings Bulls Charters and other Muniments especially those granted from Rome were seized the Registers and Repositories searched the Monies taken from the Chests where lodged in former Ages to be in readiness upon any Streights the Houses might be reduced to Yea they sold four or five public Schools to Towns-men who pulled them down and converted the Materials to their own uses and annexed the Grounds to their Gardens So great was the subversion that the Terms were altered from the periods used in former times Terms and Lectures altered and Degrees neglected the Ancient Exercises c. as Lectures scorned and the taking of Degrees by some thought Anti-Christian and others neglected to take any by the apprehension that there should be no use of them and because the Stipends were withdrawn But says my Author we are not to complain of the Violating of the Honors and Degrees in Learning since Learning it self was Expiring and drawing it's last breath the Schools being ruined and the Philosophy Exercises being taken away Those who have a mind to Read the Ravage then made by the Visitors either by their Covetousness or Connivance may find them fully related in the foregoing Authors For a Reformation being designed by the King there was no place in the University for the Unconformable SECT II. The Visitation in Queen Maries Reign §. 1. Queen Maries Visitation ANno 1553. Wood fol. 274. 275. Wood Antiq. Oxon lib. 1. fol. 274.275 Pat. 1. Maria part 6. When Queen Mary came to the Crown she took great Compassion on the University as appears by her Letter in which she sets forth the grievousness of the former Visitation and she bestowed some Rectories upon it by her Charter May 11.1 o. Regni Neither did she omit to Exercise her Authority in Visiting the University in restoring the Roman Catholic Religion as she did through the Kingdom The first that Visited was Steven Gardiner Bishop of Winchester See for the Visitation of Cardinal Pool Anno 1557. a. who was Local Visitor of New-College and Corpus Christi and St. Mary Magdalen College He appointed for his Deputies Sir Richard Read Kt. and Dr. George Wright Arch-Deacon of Oxford Large account in Fox Act sand Mon. Vol. 3. Edit 1640. fal 762. to 780. Upon the 26th of October they Visited St. Mary Magdalen College and Dr. Haddon the late President of his own accord did quit the Presidentship Thomas Bentham the Dean
LICENS'D By COMMAND this 23d of July 1688. JA. VERNON THE KING'S Visitatorial Power ASSERTED BEING An Impartial Relation of the late Visitation of St. Mary Magdalen College in Oxford As likewise an Historical Account of several Visitations of the Universities and particular Colleges Together with some necessary Remarks upon the Kings Authority in Ecclesiastical Causes according to the Laws and usages of this Realm By NATHANIEL JOHNSTON Doctor in Physic Fellow of His Majesties College of Physicians in London Pereunte Obsequio etiam Imperium Intercidit Tacitus 1 Histor LONDON Printed by Henry Hills Printer to the King 's Most Excellent Majesty for His Houshold and Chappel And are sold at his Printing-house on the Ditch-side in Black-Fryers 1688. TO THE Judicious Reader AS soon as His Majesty had been pleased to lay His Commands upon me to Collect materials for this Subject I could not but reflect that it was to Treat of a matter that I knew not any had Writ upon before and of such a largeness that it takes in not only the Case of Magdalen College but regards all other Corporations and Societies of that Constitution and spreads it self into some branches of the Prerogative Royal Wherefore the nature of the Thing requires a Treatise of me not altogether unsuitable to the Dignity of the persons concerned viz. The King and the Universities which would induce persons of all Ranks to peruse it who desire satisfaction in a matter of such importance both to the Prince and Subject This suggested to me a necessity of enquiring into Records of preceding ages and to render the Work at least a Collection of various instances in several Cases of Visitations Therefore finding no compleat History of any Visitation of our Universities except that of the long Parliament I judged it necessary to give an Impartial account of the proceedings from the Kings Mandate for Mr. Farmer to the close of the Visitations by the Lords Commissioners whereby this and after ages might have an Authentic Precedent if any occasion should happen of this kind and that people concerned might know their Boundaries and in this part I followed the Registers Original Papers Authentic Copies of Letters and Orders or the Diaries accounts of such as were present and actors in the disquisition and in this particular I have used as much diligence as I could not to be imposed upon and had finished most of this before the Oxford Relation was Printed and wherein I differ from that I have done it upon the best Intelligence I could obtain After the finishing of this I judged it not improper before I entred upon Answering the Objections I found urged by the Vice-President and Fellows of St. Mary Magdalen College to clear the Kings Prerogative over the Universities in making and Abrogating their Statutes or dispensing with them and placing or dis placing of their Members which obliged me to consider the matter not only in General but also to descend to many particulars and shew who by the Kings Authority or sufferance have exercised the like Authority In which I have endeavored to follow the most approved Authors and surest Records I have the rather enlarged upon this head that I might afford variety of Cases whereby the distinct claims of Right of Visitation might be Illustrated and this Tract might be a Repertory whereby upon emergences the Original Records might be enquired after If some may judge me too tedious I desire them to consider that it was not enough to clear the point of St. Mary Magdalen College but likewise to discover in what other Cases the Kings of England had exerted their Prerogatives The Contemplation of this led me to touch tho' with a trembling hand the Regalia of our Kings and look into the Laws and usages of former times and in what sort the Soveraignty and Supremacy of our Kings in matters of Ecclesiastical cognizance are declared by the Laws in being In which part I treat of the Kings Authority abstractedly from Doctrinal Religion This I the rather have done that the Subjects of all conditions may observe how great the Authority and Prerogative of the King is in dispensing with University and College Statutes since by the plain and direct Laws that Assert the Kings Right in opposition to all Foreign powers his Supremacy is so Established in Ecclesiastical matters and causes that it is applicable to other purposes than at the first view may appear obvious which I leave to the discussion of those better versed in the Laws than I shall ever presume to be Nevertheless I hope in the treating of this subject it will be owned that I have Introduced no Novelty but Copy'd what is found in History or the public Records and brought to light a Prerogative inseparable from the Royal State of our Kings which some for want of consulting the same have not so well discerned It is to caution the Heads and Fellows of our most eminent Universities not to contend with their Sovereign that I have so copiously produced Instances of the practice of former times and have so largely treated of them before and since the Reformation It was for this end solely and not in the least to erect Trophies for any Victory over the unfortunate that I have pointed out these Sea-marks that others may avoid dashing themselves against the Rock upon which the British Monarchy is so firmly placed that no Tempests of open Rebellion or the highest swelling Seas much less any single Billow can be able to shake It is far from my Intention in this to enter into any dispute about the limits of Ecclesiastical or Secular power It is sufficient that I shew it in some particulars of known practice without examining the grounds any more than as declared by the positive Laws or practice of the respective Sovereigns I know some may look upon this as a matter treated of ex superabundanti yet I thought my self obliged so far to enter into a dissertation upon it as I might thereby make it appear that by the extensiveness of the Sovereignty Universities much more private Colleges both which the Law accounts among the Creatures of the Crown must own a subjection of themselves and their private Statutes to the King as Supreme Neither hath it been any desire to render the Kings Prerogative greater than the Laws and usages of our Kings do manifest that I have shewn how it hath been insisted upon even against some exemptions of the Apostolic See or to Establish any Paradox but only to Assert the just Rights of the Crown at least according to my Reading and do with all deference submit what I have composed to the Judgment of the Learned in our Laws But to leave this I desire the Candid Reader will peruse the Contents of the Book in the following Pages before he enter upon the whole whereby he may see the connexion and sequences of the matter and he must not expect that those Contents are exactly according to the
for comparison of the sequel wel hoped for at your hands Except that be loked to in time the Quenys Majestie shal not have half suffycient Mynisters for hir yeres which I pray God may be many to uphold Christes Fayth in her Realms Youth here is of some Inclination if they had but three or four good Hedys Resident to lean unto to comfort them against som fower talkers in their stoutness but time must be expected and Godys furderance craved Sir I pray you pardon my boldnes and not to be offendyd though I wright thus homly and in English Letters while paraventure I might busye my head to wright Latinius somewhat to avoyd offending of your exact and exquysite gift in your Latin Tonge I might chance to wright obscurius not significancius and so the longer to deteyn your perusing these smal Causes to hynder your others much more weighty which I beseche Almighty God to prosper From Corpus Christi Collage in Camboige the 30th Day of March. Your onfeyned and bownd Bedesman M. P. § 4 I have Transcribed this according to the spelling of this noted Prelate Antiquitates Britannicae c. who hath shewn his Learning in Antiquities and his Zeal for the protestant Religion in his Books Yet I doubt not but this Age will think his way of expressing himself in English not very Polite I shall not Comment upon his Letter which tho' in somethings obscure yet is plain enough to be understood as to what was his General intent and design This Visitation of Cambridge in the first Year of Queen Elizabeth was by Commission under the Great Seal to Sir William Cecyl then Chancellor of the University of Cambridge and to others as Mr. Pryn in his Oxford Plea refuted pag. 34. hath given a short account of ☞ In the Queens Letters before the said Visitation to Sir William Cecyl are these expressions Because the chief Order and Government of Our University of Cambridge appertaineth to you being the Chancellor of the same c. We thought meet to will you in Our Name to give signification that We mean very shortly with your Advice to Visit the same by some discreet and Meet persons So that here we find whatever power the Chancellor hath it is in subordination to the Sovereign and tho' they may take the advice of their Subjects in places of Government under them yet the power of Visiting still proceeds and is derived from them as all along I hope I have proved §. 5. An account of the Visitation of Merton College in Oxford Anno 1562. Wood Antiq. Oxon. lib. 1. fol. 284. b. 4 o. Eliz. There happened a Sedition in Merton College In January Dr. James Gervace the Custos or Warden having voluntarily quit his place the Fellows gave in the Names of five to the Arch-Bishop their Visitor whereof two or three had never been of their Society whereas Anciently according to their Statutes they had used to name only three bred in the College whereof one was to be put into the place of him that was Dead or Resigned The Arch-Bishop resented this and rejected all those named by the Fellows and before the end of March Nominated John Man sometime Fellow of New College to be the Warden who came to Oxford the 30th of March accompanyed with Dr. Babington the Vice-Chancellor Dr. White Warden of New College but the Fellows refused to Admit him so that on the 2d of April he came accompanyed with the Vice-Chancellor and Henry Norris of Witham and Anthony Foster of Cumnor and with much difficulty the Gate was opened Mr. Willi. Hawle the Senior Fellow and others opposing upon this the Arch-Bishop upon the 26th of May following Cited them all to appear in their Church to be Visited by himself or his Vicar General and by the said Vicar General of the Arch-Bishop Man was Confirmed and Hawle was Ejected out of his Fellowship By this it appears what power the Local Visitor had to Nominate and settle the Head of the College at his pleasure even contrary to the Ancient Statutes of the Society The observation upon it how much more may we conceive that the King hath power by his Mandate to Nominate and appoint the Head of any College as Sovereign and Supreme Visitor The Commission for Visitation continued still and in it great changes were made till all were reduced to a Conformity to the Queens Laws and pleasures several Statutes were revoked others amended or explained all which great changes were by vertue of the Queens Commission §. 6. Secretary Cecyls Letter about Non-conformists in Cambridge threatning a Visitation Before I proceed to any other Visitations I shall give a short account of the great States-man Sir William Cecyls proceeding Wood Antiq. Oxon. lib. 1.286 upon a disorder in St. Johns College in Cambridge wherein we may note by what Steps he being Chancellor thought fit to proceed by the subordinate Governors with a sufficient Menace that if that would not be effectual he would obtain the Queens Authority for a Visitation ☞ December the 13th 1565. Bundel Ecclesiastica 1560. ad 1569. In the Paper Office. Secretary Cecyl Writes to Dr. Stoke Vice-Chancellor of Cambridge concerning some of the Younger Fellows that in St. Johns College Chappelleft off the use of the Surplice That the Vice-Chancellor Confer with the President and if they can do it by their Ordinary Authority then to proceed if not then he Writes a Letter to the Bishop of Ely Visitor in Ordinary to rectifie it then follows If there shall no good come of those two means then I am determined to resort to the Authority of our Sovereign Lady the Queens Majesty In whose power by Prerogative the Government of all manner of Subjects doth belong to reduce them by sharpness to the Obedience of her Laws and Commandment This was the Judgment of the Great States-man who may be presumed to have well understood the Law and the Prerogative in that Case In his Letter to the Bishop of Ely he Writes that he had privately imparted the matter to her Majesty for his discharge by whom he hath been straightly charged to see Reformation and with speed and severity which he hath promised her Majesty to do altho' he will first seek it by ordinary means If otherwise it should fall out he would for his discharge refer the whole to the Queens Supreme Authority Here note the Authority of the Prince whereupon must needs follow Cause of Repentance to the Authors of that Garboyle By which it is manifest that whatever Ordinary power was lodged in the Bishop of Ely as Dioecesan Visitor or the Chancellor and other Magistrates of the University yet the Queen Jure Regio supersedes all and takes Cognizance of the whole matter by her Commissioners as occasion might require §. 7. Disturbance about Election of a President in Corpus Christi College ☞ In the Year 1568. Wood Antiq. Oxon. lib. 1. fol. 290. a. The
Books say it was Robbed or derived Because such powers being taken away from the Pope and such as had Authority under him and neither settled in any Court or person by the Statute can re-vest or re-sult to none other but the King as Supreme in all Ecclesiastical as well as Temporal Causes which by Sufferance or Usurpation as the Act saith the Pope had excercised Fifthly By the several Acts and Instances whereby the Kings of England since the making of this Act of the 25th King Henry the 8th have exerted their Supreme Authority it is clear that the Crowns Re-assumption of what the Pope had exercised hath been according to the Laws in being of which I now proceed to give Instances in the Kings dispensing with College Statutes of which I shall give some few in several Cases of many hundreds which are to be found in the Paper Office or Secretaries Books §. 7. An account of the Queens Mandate about Electing of a Master of St. Johns College in Cambridge The first Instance I think fit to Insert is as followeth The Course that was held in the last Election of the Mastership of St. Johns College in Cambridge First Bundel Ecclesiastic Universities Paper-Office The Statute of that College appointeth the Twelfth day after the Vacation to be the day of their Election and no other Secondly The greater part of the Fellows of the College were made for Mr. Alvey a Senior Fellow Thirdly The Lord Treasurer being Informed that Alvey was an unfit Man set down an Inhibition in the Queens Name to defer the Election which Inhibition was obeyed Fourthly The 12th day being passed and no further power left to the Fellows to Elect The Lord Treasurer sent a Letter the second time in the Queens Name Nominating Dr. Clayton and Dr. Stainton Commanding the Fellows to choose one of them and no other Fifthly By Authority of those Letters they choose Dr. Clayton By this proceeding it is manifest that the King may not only by a Mandate of Inhibition stay the Electors from making any choice but nominate the person to be Elected altho' by College Statutes the day of the Election and the Electors were appointed §. 8. The Bishop of Londons Testimony that the King hath dispensed with College Statutes Before I enter upon the particular Mandates I shall produce the Testimony of George Montague Bishop of London in his Letter a Copy of which the Honorable Sir Joseph Williamson afforded me out of the Paper-Office directed to Sir Edward Conway Principal Secretary of State as followeth Right Honorable THe Noble and Vertuous Lady the Lady Denbigh hath layed a Command upon me to deliver my knowledge whether the King hath at any time by his Letters dispensed with the Local Statutes of any College by a Non-obstante and upon a search it appears that his Majesty hath sent Letters of that nature to divers Colleges If this Information may promote her desires and give you satisfaction I shall be right glad and will ever remain London Decemb. 10th 1623. Your Honors Friend to Command and humble Servant Geo. London §. 9. A Mandate dispensing with Incapacities to receive Degrees I now proceed to give some Extracts of Mandates wherein the King dispenseth with College Statutes in one of which Dated December the 11th Anno 1624. the persons within named being some ways Incapacitated to take their respective Degrees were dispensed with as followeth Trusty and Well-beloved We Great you well In a Bundel Docketed Ecclesiastic Universities in the Paper-Office at Whitehall We are Graciously please of Our Royal Favor to Gabriel More Harrington Butler George Bursey and Michael Gilbert to advance them to such Degrees as they are capable of and well deserve by their Learning and diligent Studies tho' in some respects not qualified Therefore Our pleasure is that notwithstanding any Statute or other Ordinance to the contrary you forthwith Create Gabriel More a Dr. in Divinity and you also admit Harrington Butler and George Bursey to the Degree of Master of Arts and Michael Gibert Bachellor of Arts in such Form as is usual in like Case and these Letters shall be your Warrant In a Mandate for one William Morley to be a Schollar of the College of St. A Mandate for a Schollar of St. Mary Winton College without examination Mary of Winton College Oxon without Examination are these words and tho' we have a favorable Eye to your freedom that are the Electors yet in this Our so Extraordinary Recommendation We expect your Dutiful respects to this Our Princely Pleasure and Command so that this Our Will be not dis-appointed for any respet whatsoever Directed to Our Trusty and Well-belove Dr. Princock Warden of St. Mary Winton College in Our University of Oxford and Our Trusty and Well-beloved Dr. Love Warden of St. Mary Winton College near Winchester the under Warden School-Master of the College and two Posers of the Schollars for the Election In a Mandate Dated 3 o. Regni Caroli 1. A Mandate dispensing with the Incapacity by reason of the County For one Gregory Isham I find these words But because We understand that the Country where he was Born layeth some formal Incapacity upon him We are pleased hereby to Dispense therewith and do require that his Country may not be any Impediment to him in that Election Ibid. notwithstanding any Statute or Order to the contrary And these Our Letters shall be sufficient Warrant in that behalf §. 10. The acknowlegement from St. Johns College in Cambridge of the Kings power in dispensing with College Statutes March the 28th Bundel Eccles Universities 1630. c. 1633. In a Letter of the Master and Fellows of St. Johns College to the Earl of Holland the Chancellor about their choosing Dr. Digby according to his Majesties Letters Dr. Beale being then Master I find they allege that he was not capable by some Statutes having not performed some things the Statutes required They write thus Yet his Sacred Majesties Request would have been tye enough upon his most Dutiful and Obedient Servants to have endeavored the accomplishment of his Royal desire had we been enabled thereunto by Dispensation with those opposite Statutes which otherwise we stand obliged by Oath to observe Which plainly shews that if a Dispensation had been obtained or inserted in the Mandate the King had been obeyed I find that the Master and Fellows of Christ College in Cambridge In the Paper Office Ecclesiastica Academica without date being desirous to Capacitate one Norton then but Senior Sophister for a Fellowship sent him with Letters Testimonial to Oxford whereupon he obtained his Bachellors Degree and so was Elected Fellow A Senior Sophister may take Bachellor of Arts Degree by dispensation The Relation saith that the Arch-Bishop hearing of it expressed some displeasure and said he would call him to an Account for his taking the Oath for Bachellor having not full time and being not dispensed with