which our Founder requires in the person of the President And being confined as to the time of our Election we have been forced to proceed to the Choice of one who has approved his Loyalty in the whole course of his Life and whom we think Statutably qualified for the place May it therefore please your Grace to Interpose with his Most Sacred Majesty in our behalfs that we may not lie under the weight of his displeasure for not being in a capacity of obeying his Command We know him to be a Prince of Eminent Justice and Integrity and therefore cannot think he would value any Instance of Duty to himself which manifestly breaks in upon the obligation of our Consciences And your Graces extraordinary unblemisht Loyalty to the Crown and that regard which we assure our selves our most Honored Lord and Chancellor has to the peace and well-fare of this place induces us to presume your Grace will omit no endeavors to set before his Majesties Eyes the true reason and necessity of our proceedings That God Almighty will protect your Grace shall be the daily prayers of From St. Mary Magdalen College in Oxford April the 19th 1687. May it please your Grace Your Graces most obedient Servants J. Hough President Ch. Aldworth Vice-President Hen. Fairfax D. D. John Smith D. D. Thomas Smith D. D. Tho. Baley D. D. Alex. Pudsey S. T. D. Tho. Stafford L. L. D. Rob. Almont B. D. Main Hammond B. D. Rich. Strickland Edw. Maynard Hen. Dobson Jo. Davys Ja. Fayrer Jo. Harwar Geo. Fulham Tho. Bateman Jo. Gilman Steph. Weelkes Tho. Goodwyn Edw. Yerbury Rob. Holt. Fran. Bagshaw Ja. Bayley Rob. Hyde While the College was making this application the King thought fit to require an account of their actions therefore ordered my Lord President to write as followeth §. 10. My Lord Sunderlands Letter to the Vice President and Fellows of St. Mary Magdalens College in the University of Oxford Whitehall April the 21st 1687. Gentlemen THe King being given to understand that notwithstanding his late Mandate sent to you for Electing Mr. Farmer to be President of that College you have made choice of another Person His Majesty Commands me to tell you he is much surprised at those proceedings and expects you should send me an Account of what past upon that occasion and whether you did not receive His Majesties said Letters Mandatory before you chose Mr. Hough I am Gentlemen Your Affectionate and humble Servant Sunderland P. The Answer returned to this Letter was as followeth §. 11. The Answer May it please your Lordship YOur Lordships of the 21st we received signifying to us His Majesties pleasure that we should give your Lordship an Account of what passed at our late Election of a President and of the Receipt of His Majesties Letters Mandatory in behalf of Mr. Anthony Farmer In all Dutiful obedience to His Majesty we have accordingly sent to your Lordship a plain State of the Case wherein nothing in this World could so much affect us as that we could not Elect the said Mr. Farmer President in compliance with His Most Sacred Majesties Letters being a person in our Judgments utterly uncapable of that Office. We beg leave to represent to your Lordship that our Princes displeasure would be the greatest misfortune that could befall us and our only support under this apprehension is that a Loyal Society can never suffer in the hands of so Generous and Gracious a Prince for what they have done out of a Consciencious discharge of the Trust reposed in them by their Founder That God Almighty would Crown all your Lordships endeavors with suuccess and preserve your Lordship in the Grace and Favor of the best of Princes shall be the Daily Prayer of May it please your Lordship Your Lordships most humble and most obedient Servants The Vice-President and Fellows of St. Mary Magdalens College in Oxford §. 12. The Case of the Vice-President and Fellows of St. Mary Magdalen College in Oxford in their late Election of a President UPon the first Notice of the Death of Dr. Clark Late President of St. Mary Magdalen College in Oxford the Vice-President called a Meeting of the Fellows in order to appoint a day for Election of a new President And the 13th day of April was the time prefix'd with power to prorogue the Election as they should see cause till the 15th beyond which time it was not in their Power to defer the same This being agreed a Citation or Praemonition was fixt upon the Chappel-door of the College signifying the same and summoning all the absent Fellows to repair home to the ensuing Election as the Statute in that case directs After this upon the 8th of April they received His Majesties Letter in behalf of Mr. Farmer requiring them to Elect and Admit him President But he having never been Fellow of that College or of New-College in Oxford which are the only Persons capable of being chosen by the Statutes and wanting likewise such personal Qualifications as are requried in the Character of a President they did not imagin it was or could be His Majesties pleasure that they should act so directly against the express words of their Statutes to which they are strictly and positively Sworn But did humbly conceive they were bound in Duty to believe His Majesty had been mis-informed in the Character and Capacity of Mr. Farmer and therefore upon the 15th of April the last of those days within which they are confined to finish the Election they proceeded to a choice and having first Received the Blessed Eucharist and taken an Oath as the Founder enjoyns to choose a person so qualified as is there specified they did Elect the Reverend Mr. Jo. Hough Batchellor in Divinity who is a Person every way qualified by the Statutes of the said College And if it shall be objected that His Majesty did in His Letter for Mr. Farmer Graciously dispense with all those Statutes that rendered him uncapable of being Elected and that therefore they might have obeyed without breach of their Oath They humbly beg leave to Represent that there is an express Clause in that Oath which every Man takes when he is admitted Fellow of the College wherein he Swears neither to procure accept or make use of any Dispensation from his Oath or any part thereof by whomsoever procured or by what Authority soever granted As to their former practice when they have Elected in obedience to the Kings Letters heretofore it has been always in such Cases where the persons recommended have been every way qualified for this Office by their Statutes in which cases they always have been and ever will be ready to comply with His Majesties pleasure it not being without unspeakable regret that they disobey the least of His Commands They know how entirely their welfare depends upon the countenance and favor of their Prince neither can any thing more deeply affect and grieve their Souls than when they find themselves
Body Corporate governed by Local Statutes granted and confirmed to them by His Majesties Royal Predecessor King Henry the 6th for him his Heirs and Successors under the Great Seal of England which are also since confirmed by several other Letters Patents of others His Majesties Royal Predecessors under the Great Seal of England That by the Statutes of the said College to the observation of which each Fellow is Sworn it is ordered that the person to be Elected President thereof shall be a Man of good Life and Reputation of approved Understanding and of good Manners and Temper and Discreet Provident and Circumspect both in Spiritual and Temporal Affairs And at the time of the Election of a President the said Fellows are bound by the said Statutes to take an Oath that they shall nominate none to that Office but such as are or have been Fellows of the said College or of New-College in Oxford and if they are not actually Fellows at the time of Election that they be such as have left their Fellowships in those respective Colleges upon creditable accounts And when two qualified persons shall be nominated at the time of Election by the greater number of all the Fellows to the said Office of President The thirteen Seniors also swear that they will Elect one of them whom in their Consciences they think most proper and sufficient most discreet most useful and best qualified for that place without any regard to love hatred favor or fear and every Fellow when he is first admitted to his Fellowship in the said College Swears that he will inviolably keep and observe all the Statutes and Ordinances of the College and all and every thing therein contained so far as does or may concern him according to the plain litteral and grammatical sense and meaning thereof and as much as in him lies will cause the same to be kept and observed by others And that he will not procure any Dispensation contrary to his aforesaid Oaths or any part thereof nor contrary to the Statutes and Ordinances to which they relate or any one of them nor will he endeavor that such Dispensation shall be procured by any other or others publickly or privately directly or indirectly and if it shall happen that any Dispensation of this sort shall be procured granted or obtained of what Authority soever it be whether in general or particular or under what Form of words whatsoever it shall be granted that he will neither make use of it nor in any sort consent thereunto all which several Oaths follow in express words at the End of this their Answer That upon notice of the Death of Dr. Clark late President of the said College the Vice-President called a Meeting of the said Fellows in order to appoint a day for Election of a new President and the 13th day of April last was the time prefixt with power to prorogue the same as they should see cause until the 15th day of the same Month beyond which time they could not Statutably defer their Election and in pursuance thereof a Citation or Praemonition was fixed upon the Chappel-door of the said College signifying the same and by which the absent Fellows are summoned to repair home to the said Election as the Statute in that case requires And the said Vice-President and other deputed Fellows further say that upon the 11th day of the said Month of April they received His Majesties Letters requiring them to Elect and Admit the said Mr. Anthony Farmer to be President of the said College But forasmuch as the said Vice-President and the other Fellows apprehended the Right of Election to be in themselves and did believe His Majesty never intended to dispossess them of their Rights And forasmuch as the said Mr. Farmer had never been Fellow either of Magdalen College or of New-College in Oxford and had not those qualifications which in and by the Statutes of the said College are required in the Character of a President as they in their Consciences did and do verily believe and in regard they could not comply with His Majesties Letters without the violation of their Oaths and hazard of that Legal Interest and property whereof they are by the said Statutes possest and which by their Oaths they are bound to maintain They represented the same by their Humble Petition to His Majesty and having deferred their Election of a President to the last day limited by their Statutes they then proceeded to Election And having first Received the Blessed Eucharist and taken the said Oaths as the Statutes require to choose a person so qualified as is before exprest they did Elect the Reverend Mr. John Hough Batchellor in Divinity and one of the Fellows of the said College a person every way qualified to be their President who has been since Confirmed by the Lord Bishop of Winchester their Visitor as the Statutes of the said College direct And that they might not lie under His Majesties displeasure by their proceedings on the 19th day of the said Month of April they made humble Representation thereof to His Majesty by his Grace the Duke of Ormond Chancellor of the University of Oxford setting forth their indispensable obligation to observe their Founders Statutes All which matters the said Vice-President and other deputed Fellows do humbly offer to your Lordships consideration and pray to be dismissed with your Lordships favor Charles Aldworth Vice-President John Smith D. D. Mainwaring Hammond B. D. Henry Dobson Dean of Artes. Ja. Fayrer A. M. §. 3. To this were subjoyned the following Statutes for regulating the Election of a President De numero Scholarium Electione Praesidentis IN primis siquidem ut Sacra Scriptura seu pagina scientiarum omnium aliarum Mater Domina sua liberius dilatet tentoria cum ea utraque militet Philosophia The College to consist of one President and 40 poor and indigent Scholars Clerks praefatum nostrum Collegium Oxoniae in de numero unius Praesidentis Quadraginta pauperum indigentuim Scholarium Clericorum in dictis scientiis studere debentium subsistere Statuimus etiam Ordinamus sic ipsum volumus Deo propitio perpetuò permanere Praeter quem numerum sint alii Triginta pauperes Scholares And 30 poor Schollars called Demys vulgariter vocati Demyes Grammaticalia Logicalia vel Sophisticalia diligenter addiscentes ut cultus Dei a quo bona cuncta procedunt amplius augeatur melius sustentetur Volumus quod praeter dictos numeros Scholarium sint etiam quatuor Presbyteri Capellani And 4 Presbyters Chaplains 8 Clerks and 16 Choristers octo Clerici Sexdecim Choristae Cappellae dicti Collegii in Divinis servitiis deservientes Proviso quod de dicto numero quadragenario ex speciali providentia Praesidentis Two or 3 of the 40 to be Students of the Canon and Civil Laws and as many in Physic Vice-Praesidentis Decanorum trium aliorum Seniorum duo
it hath ever enjoyed We have thought fit hereby to require you to proceed to a New Election of a Chancellor within the time limited by the Statutes and whereas as well the Integrity and constant Loyalty of Our Right Trusty and Right Entirely Beloved Cousin and Counsellor Christopher Duke of Albemarle as the remembrance of the Great and Eminent Services performed for Us by the late Duke of Albemarle his Father hath justly Entitled him to be near Our Person and render him every way Qualified for the Discharge of so high a Trust and whose Nomination thereunto will therefore be most agreeable unto Us We further hereby recommend him to your Choice as a Mark of Our Indulgent care of your prosperity Dated April the 4th 1682. ☞ What is here expressed of the Kings reserving to himself the Interpretation of the Statutes The Kings power to Interpret Statutes of the University referring to the Election of a Chancellor in altering the number of Years of their Duration may be understood of the Prerogative the Kings of England have in all other Statutes of either University and of every College within them §. 8. The King grants power to the University to confer Degrees upon such as the Chancellor or Vice-Chancellor shall recommend In the following Mandate there being manifest Indicias of the Kings power in ordering the Qualifications of those on whom Degrees were to be Conferred I shall Insert the material parts of it as it is directed to the Vice-Chancellor of Cambridge to be Communicated to the Senate Dated June the 8th 1682. Trusty c. Having taken notice of the several Testimonies you have lately given of the particular Honor and Affection you have for the Person of Our Right Trusty c. Christopher Duke of Albemarle being satisfied of the desire that his late Admission to the Office of Our Chancellor may be attended with more respect than hath been usually shewn to other Persons on a like occasion We do Graciously accept your Intimation in that part and are willing to comply with it in what depends on Us so as you may not want the satisfaction of doing all the Honor to his Person which you may desire We have therefore thought fit hereby sufficiently to Authorize and Enable you to Confer such Degrees as the said Duke your Chancellor shall think fit on such persons as he shall recommend to you This was a dispensation at the request of the Univerisity it self and also to Confer the Degrees of Masters of Arts on such and so many Persons of Birth and Estate and none others as you Our Vice-Chancellor shall Nominate It seems A Re-inforcing of a Mandate delayed that some of those Persons Nominated for Degrees were delayed which occasioned a Second Mandate the 7th of August 1682. reciting the substance of the former and then proceeding thus We are well satisfied that the Persons by him viz. the Vice-Chancellor Nominated were duely Qualified for the said Degrees according to the Tenor of Our Letter but contrary to Our Will and Pleasure were refused by one or two of the Caput Senatus These are therefore to Authorize you Our Vice-Chancellor to Admit the persons formerly by you Nominated to the Degree of Master of Arts. L. JENKINS §. 9. The Kings Mandate for making new Statutes for Regulating of Degrees In the next Mandate the Kings power in making Statutes for the Regulating of Degrees is most conspicuous This is Directed to the Chancellor of the University of Cambridge to be Communicated to the Senate there the 19th of March 1683 / 4. Dated at New-Market Trusty The University prays the King to appoint Statutes to be observed c. Whereas it hath been humbly represented to us by you Our Chancellor with the Consent and Approbation of the Heads of Colleges and the Proctors of that Our University that the punishments already made by Statute for the due performance of Exercises required in Order to the Degree of Master of Arts in our said University have not proved so effectual as were to be desired We have thought fit as a further Testimony of Our principal care for the Advancement of good Learning to make Establish the following Orders to be observed by all whom it may concern as a Statute for the future that is to say That every Senior or midle Bachellor of Arts appointed to Respond or Declame in the Bachellors Schools by the Combination to be made for that purpose and Signed by the Vice-Chancellor and the Senior Proctor for the time being not performing his Duty in the course allotted him then shall be punished 20 s. and moreover be obliged under the same penalty to perform the same on the next usual day for such Exercise and so from time to time till he shall have actually performed it or else be excused upon just and necessary cause to be allowed and appointed by the Vice-Chancellor and Senior Proctor for the time being and the Master of the College to which such person doth belong Which Method of proceeding we will have also to take place and be duely observed as to the exercise of opposing in those Schools saving that the punishment for the neglect thereof shall be but 10 s. to be repeated as we have above directed §. 10. A Command to the University to grant a Dispensation In some Mandates I find the University is Commanded to Dispense as in the following We have thought fit hereby to recommend Richard Thompson Master of Arts to you in the most effectual manner for the Degree of Doctor of Laws Willing and Requiring you forthwith upon Receipt hereof all Dispensations requisite being first granted to Confer the same upon him by Accumulation he performing the Exercises requisite thereunto or Cautioning for the same any Statute Order or Constitution of that Our University to the contrary notwithstanding Dated the 4th of April 1684. An Example of a Revocation of a Mandate I think fit to Insert Trusty The Revoking of a Mandate c. Whereas We were Graciously pleased by Our Letters bearing date the 4th of this Instant April to require you to Admit Our c. Charles King of Wadham College in that Our University into the Fellowship then void if any such then were or otherwise into the first that should any way become void in that Our College We have thought fit to Revoke and do accordingly hereby Revoke Our said Letters and all Clauses therein contained Dated the 28th of April 1684. §. 11. The Kings Order that Mandates should not be granted without the Testimony of the Arch-Bishop of Canterbury and the Bishop of London Some complaints having been made that the too frequent obtaining of Mandates for Fellowships c. was prejudicial to the Graduates in the Universities whereby they were put by their Rights and the liberty of the Elections Infringed since by the recommendation of some Friends at Court the King was prevailed withal to grant some that upon due consideration
is solely derivative from the King as Sovereign Monarch and Supreme Governor SECT II. Who Exercised Jurisdiction by way of Visitation or otherways over the Vniversities from the 11th of King John to the Year 1390.14 Ric. 2. §. 1. The Pope and his Legate Suspend offenders HAving shown in a General way what Prerogatives the Kings of England have exercised in Ecclesiastical Affairs before the Reformation and how all the power the Pope claimed or exercised in point of Government is now by our Laws Invested in the Sovereign I shall proceed to give an Account how till the Reformation the University was Visited punished and governed by the Arch-Bishop of Canterbury some Popes Legats or the Bishop of Lincoln their Dioecesan Yet all these were by the appointment Approbation or consent of the respective Kings the most evident Vestigia of whose Supreme power appeared in the admitting or making void exemptions and privileges even granted by the Apostolic See so that it is not to be thought strange that since the Reformation the whole Ecelesiastical Government being declaredly derivative from the Crown and the Authority of the Pope being by the Laws in force devolved upon our Princes they have excercised a more Despotical Authority over the Universities then over other Incorporations ☞ The First Instance I find of the Popes Suspending and the Kings Recalling the Lectures in the University was Anno 1209. the 11th of King John The occasion of which in short was this (a) Wendover sub Anno 1209. Ms Upon themis-information of the Burgesses of Oxford to the King then at Woodstock that a Clerk had killed a Woman two or three Innocent Clerks were seized and Executed (b) Wood Antiq. Oxon. lib. 1. fol. 59. upon which severity and the detestation of the Burgesses Malice the Masters and Scholars removed out of the Inhospitable Town and Anno 1210. The Pope Interesting himself because they were Clerks Commands the Scholars to Read no Lectures and Anno 1213. sends over Nicholas Bishop of Tusculum his Legate who Anno 1214. (c) In Turri Schol. in pixide P. P. fasci c. 12. N. 2. 3. published his Bull at Ramsey the 7th of the Kalends of July in which besides the severe punishment inflicted on the Burgesses it is plainly expressed that the Bishop of Lincoln the Arch-Deacon of the place his Official the Chancellor or any other Deputy of the Bishop should see to the performance of what was enjoyned and those * Magistri vero qui post Scholarium recessum Irreverenter legerunt Oxoniae suspendentur per Triennium ab officio Legendi Ibid. Masters who Irreverently after the recess of the Scholars had Read Lectures contrary to the Popes Orders should be Suspended from the Office of Reading for three Years But I find that the King gave leave to all to return to the University and upon this occasion being willing to shew some special favor to it and prevent the like mischiefs for the future observing where in their privileges were defective Grants that the Chancellor should have Cognizance of Causes where one party was a Scholar or his Servant In this account it may be observed Inferences from this History that for contempt of the Popes Order the Legate Suspends the Offenders for three Years that the King Grants the leave for their return and gives them new privileges §. 2. Cardinal Otho Visits by Legatiné Authority ☞ Anno 1238. 13 H. 3. Mat. Paris ad Annum 1238. Cardinal Otho came to Visit the University of Oxford as Legate a Latere But had an unfortunate Journy for the Scholars coming in great numbers to pay their respects to him the uncivil Porter (a) Chron. Abendon Ms would not permit them to enter till they forced their passage and a Scholar going to the Legates Kitchin a Ladle full of scalding broth was cast upon him which the Scholars took so heinously that one of them Slew the Legates Brother and the Legate thereupon Fled with some danger to his person Of all which the King being Informed sent Peter (b) Pat. 22 H. 3. M. 7. The Kings Commissioners Interdict Divine Service de Rupibus Bishop of Winchester Ralph Nevil Bishop of Chester then Chancellor of England and others who met the Day after May day in the Church of St. Fridiswyde (c) Flovileg sub hoc Anno. And Suspend Lectures and Exercises and Suspended the University from Celebrating Divine Service and from performing their Exercises and usual Lectures And the Legate Excommunicated the University upon which many left the University but the King d Pat. 22 H. 3. M. 15. Cla. 22 H. 3. M. 15. Commanded that none should depart without his leave and several were Imprisoned and their Goods (e) Id. fol. 90. a. seized into the Kings Hands but by the 15th of May upon (f) Cl. Pat. 22 H. 3. M. 7. The King recalls the Students Sureties given for appearing most were set at Liberty and their Goods restored and those upon this occasion Imprisoned in the Tower of London were released and the Sheriffs (g) Cl. 22 H. 3. M. 13. of several Counties had the Kings Writ to return the Names of those that had retired from Oxford and of the Sureties of those that were to abide the Tryal and other (h) Gl. 22 H. 3. M. 13. Writs Issued out to the Chancellor and the Arch-Deacon of Oxford to warn all others that were in that Riot to return to the University to expect the Ecclesiastical Absolution for their faults and the Legate summoned the (i) Mat. Paris sub An. 1238. Arch-Bishop of York and all the Bishops to consult about this Matter Anno 1239.14 H. 3. The Legate (a) Wood Antiq. fol. 91. a. The Legate gives leave to the Students to return sent an account likewise to the Pope and Cardinals and after dismissing the Council the Legate Writ to the Chancellor that he Exhorting the Academians to repentance should give them all leave to return to the University from whence they had been absent above a Year and had been Interdicted of their Exercises Lectures c. And the punishment Imposed was that the Clerks (b) Idem fol. 48. a. should go from St. Pauls to Duresme House on Foot and after that all the Academians should go bare Foot without Caps or Mantles and should humbly ask the Legate Pardon Appointeth a Pennance which being done the Interdict was taken off and the Scholars returned to Oxford to attend their wonted Lectures and Exercises Thus were they punished there being Murther of the Legates-Brother in the Case the Bishop Robert Grosthead defended the Clerks Insisting that the Legats People gave the occasion However even in this case when the Pope was so much concerned for the affront done to his Ministers yet we clearly find that the King by his Commissioners Suspends the University from Celebrating Divine Service and performing their Lectures Which are sufficient badges of his
were to receive their final determination * Idem fol. 152. a. But it seems here it was not ended for both Parties chose their Advocates who appeared at Avignion or Rome but the Pope to save Expences refers them back to have the matter determined in England The next Year Anno 1313. I find Arch-Bishop (a) Reg. Reynold fol. 32. Gualter Reynolds Writes to the University in their favor and the Year following Anno 1314. They put the matter to Arbitration (b) Compositione ad Regem ut ab eo firmaretur transmissâ Pat. 7. E. 2. part 2. M. 10. and send the Composition to be Confirmed by the King. Still it is the Royal Authority that is requisite to make any Act binding The Dominicans were an Order then in great esteem for I find that they were mostly the Kings Confessors and so Anno 1316. They obtained the Kings Letter in their favors to the Pope and Anno 1318. They obtained from the Pope a Privilege of Exemption from the Jurisdiction of the University By all these it appears The observation upon the forecited Records that the ordering of all matters appertaining to the very taking Degrees c. were settled by the Kings Assent and Confirmation of Popes I now proceed §. 10. (c) Wood fol. 160. b. Anno 1325. 19 E. 2. Gulhardus Cardinal of St. Lucy in Celice then Arch-Deacon of Oxford claimed the (d) Harpsfield Histor Eccl. Sec. 14. c. 28. Cognizance of Ecclesiastical Jurisdiction and (e) Reg. Reynold fol. 145. Henry Gower the Chancellor the Proctors c. resisted And the Pope directed his Bull to the Arch-Bishop of Canterbury to be Published by the Abbots of Osney and Rewley to Cite the Chancellor and Proctors to appear in 60 Days at Rome The Bishop of Lincolns Archdeacon of Oxford claimes Ecclesiastical Jurisdiction and the Pope cites the Chancellor and complaint being made to the King * Rot. Rom. 19. Ed. 3. The King writes to the Pope that the matter may be heard in England he Writes to the Pope to Nominate persons here to determine and compose the Controversie which was accordingly done By which it appears how Appeals were made to the Pope in such cases yet the King of England were not willing to have their Subjects grieved with chargable Appeals and Journies to Rome §. 11. Anno. 1350.24 E. 3. John (a) Wood c. fol. 172. b. The King removes a Chancellor the Bishop of Lincoln denies to Confirm the Kings Chancellor The University Appeals to the Arch-Bishop Wyllyot being unduely chosen Chancellor the Year before and removed by the King Mr. William Palmorna was chosen Chancellor and John Synwell Bishop of Lincoln delaying to Confirm him the University apply themselves to the Arch-Bishop of Canterbury Simon Islip who Commanded the Bishop to Confirm him within Seven Days after the Receipt of his Mandate or Five Days after to shew cause why he did not who not Confirming or appearing upon a second complaint the Arch-Bishop (b) Vide Mat. Parker Antiq. Brit. fol. 268. sent Commissioners to whom he gave power to Confirm the Chancellor and he deputed others (c) Regist Islip fol. 20.28 35. Contests betwixt the Arch-Bishop of Canterbury and Bishop of Lincoln about confirming the Chancellor of Oxford Judicially to determin concerning the Election and Confirmation and of the injury done by the Bishop of Lincoln Who thereupon Appealed to the Pope and for Contempt being Excommunicated by the Arch-Bishop he Appealed again and thus the Suits depended before the Pope till saith Arch-Bishop Parker (d) Vide Parker Antiq. Brit. fol. 283. the Bishop renounced his privileges and yielded to the Arch-Bishop and thus the matter stood till Willi. Wittsley Arch-Bishop of Canterbury Anno 1375.49 E. 3. obtained from Pope Vrban the Fifth that the University should be exempt from the Bishop of Lincolns Jurisdiction and that the Scholars should have free liberty to Elect their Chancellor who thereby might enter upon his Magistracy without any farther Ceremony of Admission I have Inserted this to note that when the Visitatorial power was claimed the Confirmation of the Chancellor was then required but the Election was always in the Regents and non-Regents as it is now In this particular only it varies that since Sir John Masons time Anno 1553. Excepting Cardinal Pool and the two late Arch-Bishops Laud and Shelden the Chancellors have been Noble men and commonly the respective Kings have recommended the person by a kind of Conge d'eslire of which I shall give one instance hereafter Anno 1376. 50 E. 3. Dissentions still continuing betwixt the Chancellor c. And the Civil and Common Lawyer the King (a) Pat. 50 E. 3. part 1. M. 13. Commissionated William Courtney Bishop of London Thomas Arundel Bishop of Ely Adam Howton Bishop of St. Davids Ralph Ergham Bishop of Salisbury and William Read Bishop of Cicester or four or three of them and gave them power to take cognizance and determin all matters in difference By Command (b) Id. M. 14. The matter commanded before the Parliament and determined by the Kings Commissioners likewise the Deputies or Proctors from the Doctors and Masters of Arts and the Canon and Civil Lawyers offered the State of the case to the Parliament and from thence to the Bishops who meeting in St. Pauls London (c) Wood Antiq. lib. 1. fol. 185. b. Abrogated the Statutes which occasioned the disagreements and Decreed other two Statutes in favor of the Civilians yet thus the Controversie by the obstinacy of the Parties ceased not and tho' other Commissioners were appointed yet King Edward dying his Grandson King Richard the Second suceeding those Acted nothing and fresh broyles and tumults arising the Chancellor Proctors and three Monks (a) Claus 1. R. 2. M. 4. 28. The King Suspends their privileges were cited to give an account of them and in the interim the University was Mulcted by the Suspension of their privileges but by submitting themselves to the Kings Clemency they were pardoned and a Tribute (b) Pixide P. P. N. 17. lately sot upon them was taken off In these proceedings we find the King Abrogating Statutes and appointing new ones by his Commissioners What is to be noted from hence and the privileges of the University Suspended which are sufficient presidents of the Kings power §. 12. Disturbances in Queens College and the proceedings of the Local Visitor and the King thereupon Anno 1379. 3 Ric. 2. The King having granted several Immunities to the University and settled matters betwixt the University and Dominicans he took into consideration a matter which had been three Years in Debate The case was this there having been disturbances in Queens College whether upon the Election of a Provost or upon occasion of new opinions it is not certain which there had been Suites and Appeals to Alexander Nevil Arch-Bishop of York their Local Visitor and he sent persons