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A41040 The privileges of the University of Oxford in point of visitation cleerly evidenced by letter to an honourable personage : together with the university's answer to the summons of the visitors. Fell, John, 1625-1686.; Waring, Robert, 1614-1658.; Allestree, Richard, 1619-1681.; Langbaine, Gerard, 1609-1658. 1647 (1647) Wing F619A; ESTC R29816 7,284 12

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so enlivened to the strength of Lawes Thus farre briefly of Privilege and Exemption I am now to clear a part yet untoucht but of no lesse concernment that is the necessity and want of Visitation It being given out by the Out-cries and clamours of our Adversaries that we are wholly corrupt and lost and not to be redeemed to any thing that 's good and virtuous but by extirpation ruine To the malice of which imputations how uncharitable soever I can observe no return but prayers and silence finding in the general breasts neither conscious of the crimes they are accused of nor revengeful ones towards the persons of their Accusers but cheerfully receiving their many injuries having for whole years together been publiquely slandered to their faces and burying in silence those dark Arts and strangely false suggestions which have been used to procure this Visitation commit themselves to the protection of providence assured either by clearing all Accusations or by a Christian suffering of whatsoever shall be unjustly inflicted to evidence to the world they are not those monsters that their Enemies Character would speak them Nor yet men altogether unworthy their Education or their founders munificence For my particular next to the testimony of Conscience Ambition cannot name unto me a higher note of Innocence then to be acknowledged as Sir Your most humble Servant POST-SCRIPT SIR AS I was Sealing there came to my hands the Answer of the Vniversity to the Visitors Summons which I here present to your view and doubt not but the Candour and Reason backt by the Authority of so great a Name will adde something of weight and moment to what hath been already said To the Right VVorshipfull Sir Nathaniel Brent and the rest of the Commissioners sitting at Merton-Colledge WHereas by severall Citations subscribed Guiliel New-house Reg. Com. the Vice-chancellour and Proctors being the Magistrates and publick Officers of this University have been required respectively to appear before the said Commissioners sitting in Merton College They having imparted the same to us the Delegates of the University upon due Consideration and deliberate Examination of the Premises We the said Delegates together with the Vice-chancellour and Proctors do in the name of the University with all humble Reverence to the two Honorable Houses of Parliament and all due respects to the Persons and places of those that are imployed by them Humbly Conceive we cannot acknowlege any Visitor but the King or such as are immediately sent by His Majesty it being one of His Majesties undoubted Rights all which we are bound to defend as by many legall obligations so by our late Protestation and one of the chiefe Privileges of the University all which we are obliged by divers Statutes and Oathes to maintaine also That His Majestie and without Him none other is to Visit this University And therefore we cannot as we conceive without the manifest danger of incurring multiplyed Perjuries submit to this Visitation or acknowledge those now sent by the Honourable Houses of Parliament to Visit us to be our Visitors And as we are perswaded That if the weighty Affaires of the Kingdome would have permitted the Two Honourable Houses to have taken this Obligation of ours into Consideration they would not have thought fit to reduce us to this extremity either of displeasing them or doing violence to our owne Consciences so we beleeve and hope that if it shall please those that are imployed by them candidly and charitably to represent to them this our Answer with the Reasons thereof which we most earnestly desire them to doe the Honourable Houses will be pleased to admit of this our Answer and suffer us in the meane while to enjoy what by the Law of the Land which is the Birth-right of the Subject as well as by the Privileges of the University is due unto us untill we shall be proved to have made a Legall forfeiture of it before such as are our proper and competent Judges Before whom we shall be alwaies ready to appeare and to Answer whatsoever crimes or misdemeanours shall be laid to our charge FINIS a) 6 Hen. 7. fo. 14. 2 Hen. 5. b) Malmesbur de Antiq. Glaston Auth. Annal. de Monast. de Hide ●o Rossus de Regibus Literae Hen. 4. ●d Papam Johannem ex fund Regis * Martin 2. c) Instrum Univer. Ox●n ad Ric. ●cundum Vestrae Fundationis Patronatus Hare memor Univer. Oxon. ●ol 92. Vetus Epistolarum Lib. pag. 51. 56. Ad Regem Hen. 6. pag. 90. ●08 Antiqu. Oxon. Lib. 2. à pag. 182. ad pag. 202. (d) Edvar Potestatē r●●giam per no● progenitores nostros i● concess●m Hare memo● Univ. Oxo●● in Edvar 3. fo. 65. The v●●olation of h●● Privileges i● particular that of not obeying his Citation is called Laesio Coronae c. ex Ro● claus●de an. 34. reg. Edv. ● in dors memb. 27. Tur. Lond. Rot. patent de an. 3● parte 2. memb. 44. in dors in Tur. Lond. Rot. patent de an. 18. parte 2. memb● 31. Tur. Lond. (e) Indult Dom. Papae Bonif. 8. confirm privile● Regal ipsamque Vniversitatē eximens ab omni Iurisd. Archiep. Episcop c. à Vi●●●tatione adding that they had had these privileges à tempore cujus contrarii mem●●riâ non existit Hare li de Priv. Vniv. Ox. Lib. Vet. Statut. Ox. p. 95. Lib. Vet. Se●nior procur p. 4. the same ratified and confirm'd by Sixtus 4. Lib. Epist. Vniv. Ox● in Hen. 3. Act of Parl. 25 H. 8. c. 21. fo. 556. all power of Visitation is given onel● to such as shal have immediate authority by the Kings Commission under the Great Seale of England in places formerly exempted as Colleges c. A● Letters Patents heretofore made by the Kings Progenitours in behalf of the Universities are confirmed by Act of Parliament 13. Elizab. And in 19. El●●zab part 12. in dors rot. the Privileges of the University are confirm'd in the v●●ry words of Bonif. 8. acknowledged they had them by Prescription the imm●●diate subjection of the University to the authority jurisdiction of the Princ● and all their other exemptions ratified and these acknowleged to be swo●● to in the Oath taken by every Graduate ad observ. Statut. privil. Co●●suet c. (e) Indult Dom. Papae Bonif. 8. confirm privile● Regal ipsamque Vniversitatē eximens ab omni Iurisd. Archiep. Episcop c. à Vi●●●tatione adding that they had had these privileges à tempore cujus contrarii mem●●riâ non existit Hare li de Priv. Vniv. Ox. Lib. Vet. Statut. Ox. p. 95. Lib. Vet. Se●nior procur p. 4. the same ratified and confirm'd by Sixtus 4. Lib. Epist. Vniv. Ox● in Hen. 3. Act of Parl. 25 H. 8. c. 21. fo. 556. all power of Visitation is given onel● to such as shal have immediate authority by the Kings Commission under the Great Seale of England in places formerly exempted as Colleges c. A● Letters Patents heretofore made by the Kings Progenitours in behalf of the Universities are confirmed by Act of Parliament 13. Elizab. And in 19. El●●zab part 12. in dors rot. the Privileges of the University are confirm'd in the v●●ry words of Bonif. 8. acknowledged they had them by Prescription the imm●●diate subjection of the University to the authority jurisdiction of the Princ● and all their other exemptions ratified and these acknowleged to be swo●● to in the Oath taken by every Graduate ad observ. Statut. privil. Co●●suet c. (e) Indult Dom. Papae Bonif. 8. confirm privile● Regal ipsamque Vniversitatē eximens ab omni Iurisd. Archiep. Episcop c. à Vi●●●tatione adding that they had had these privileges à tempore cujus contrarii mem●●riâ non existit Hare li de Priv. Vniv. Ox. Lib. Vet. Statut. Ox. p. 95. Lib. Vet. Se●nior procur p. 4. the same ratified and confirm'd by Sixtus 4. Lib. Epist. Vniv. Ox● in Hen. 3. Act of Parl. 25 H. 8. c. 21. fo. 556. all power of Visitation is given onel● to such as shal have immediate authority by the Kings Commission under the Great Seale of England in places formerly exempted as Colleges c. A● Letters Patents heretofore made by the Kings Progenitours in behalf of the Universities are confirmed by Act of Parliament 13. Elizab. And in 19. El●●zab part 12. in dors rot. the Privileges of the University are confirm'd in the v●●ry words of Bonif. 8. acknowledged they had them by Prescription the imm●●diate subjection of the University to the authority jurisdiction of the Princ● and all their other exemptions ratified and these acknowleged to be swo●● to in the Oath taken by every Graduate ad observ. Statut. privil. Co●●suet c. (f) Foure Visitations since the Reformation all by the Kings Commission except in Q. Maries time when the Ecclesiasticall jurisdiction was again returned to the Pope then Cardinall Pool visited as Legatus à latere which is Equivalent Citat Cardin Poli. ad Vnivers. (g) At the beginning of this Parl. the University Writings were required and ever since are detained (h) Alured●imself visits ●n 886. Ex Asser. Me●eu Epis. Reg. Alured Scrib Ex edit. Cambd. Edvar 3. Rich. 2. themselves decided controversies that a●ose in the University The late Visitations performed by Commissioners the ●hief Nobility of the Kingdome and His Majesty that now is visited Christ-Church personally with 8. Lords of the Counsell * Iur. in admis ad gradus Protest M● 5. 1641.