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A85192 The privileges of the University of Oxford, in point of visitation: cleerly evidenced by letter to an honourable personage. Together with the Universities answer to the summons of the visitors. Fell, John, 1625-1686.; University of Oxford. 1647 (1647) Wing F619; Thomason E411_1; ESTC R4583 5,543 12

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THE PRIVILEGES OF THE University of OXFORD In point of VISITATION Cleerly evidenced by LETTER To an Honourable Personage TOGETHER WITH The Vniversities ANSWER to the Summons of the Visitors ACADEMIA OXONIENSIS 8ber 14th Printed for Richard Royston 1647. THE PRIVILEGES OF The University of OXFORD In point of Visitation c. Honoured Sir HOw violently active the resentments of Liberty and Freedome are in the minds of men there needs no other evidence then this late War wherein the most earthy soules with earnest zeale have sacrificed their blood unto the name and empty shadow of it And if the bare shape and apparition could actuate those Icie spirits I cannot but wonder you should thinke that the more Free and Aeriall ones whose industry endeavours to restore the Soul to its native Priviledge and Birthright should be senselesse of their just interest especially where Religion adds his Title unto Right and private Liberty built upon publick Priviledge in its fall engages his Foundation and renders the neglect of a single safety a desertion to the Generall and Treason to Succession But since you take no knowledge of these so high engagements and seeme pre-possest with the specious designe of reforming of Errours and the Authoritative name of a Visitation I shall endeavour to Demonstrate the proposition I glanced upon in my last Letter and you so much startle at that the right of Visiting the University of Oxford is onely in the Kings Majesty and that it is exempt from all other jurisdiction both by reason of its foundation in regard that all Societies whereof the King or his Predecessors were Founders are onely Visitable by the King by the Common Law of this Realme a 6 Hen. 7. fo 14. 2 Hen. 5. And secondly by reason of severall grants of Exemption b Malmesbur de Antiq. Glaston Auth. Annal. de Monast de Hide Jo Rossus de Regibus Literae Hen. 4. ad Papam Johannem ex fund Regis First That the University of Oxford wholly refers to the King as its Original and Founder is cleere in that almost 800. yeers since King Alured founded not only Publique Schooles of Arts and Lectures but their Privileges and Immunities having got them confirmed by the then Pope * Martin 2. and although the bounty of inferiour Benefactors added to the bulk and magnifience of the Foundation yet the King stil assumed the Title as being the totall founder of the Designe and his immunities deriving and communicating themselves to the whole and those more particular founders were also in a lower ranck acknowledged by the University who ever both submitted and sheltred themselves under the title of the Kings Foundation c Instrum Univer Oxon ad Ric. secundum Vestrae Fundationis Patronatus Hare memor Univer Oxon. Fol. 92. Vetus Epistolarum Lib. pag. 51. 56. Ad Regem Hen. 6. pag. 90. 108. Antiqu. Oxon. Lib. 2. à pag. 182. ad pag. 202. and as yet doe the power of the Chancellour being immediately and only derived from the d Edvar 3. Potestatē regiam per nos progenitores nostros ipsconcessam Hare memor Univ. Oxon. in Edvar 3. fo 65. The violation of his Privileges in particular that of not obeying his Citation is called Laesio Coronae c. ex Rot. claus de an 34. reg Edv. 3. in dorf memb 27. Tur. Lond. Rot. patent de an 36. parte 2. memb 44. in dors in Tur. Lond. Rot. patent de an 18. parte 2. memb 31. Tur. Lond. King and are obliged to doe so unlesse that Logick whick makes Protection and Subjection Relatives dispute us out of submission to the Kings onely jurisdiction because He is disabled from the maintenance of our Privileges and will not let Him be our Visitor because He cannot be our Defender And here you may please to consider that the Foundation of the University being the Kings and His Predecessors Personal act His interest lies not within the reach of that beaten evasion of a publique or politique capacity And as this right and title of Visiting is the Kings Prerogative as Founder so the privilege of being by him onely Visited is our lawfull inheritance which we claim by prescription e Indult Dom. Papa Bonif. 8. confirm privileg Regal ipsamqueVniversitatē eximens ab omni Jurisd Archiep. Epis●op c. à Visitatione adding that they had had these privileges à tempore cujus contrarii memoniâ non existit Hare li. de Priv. Vniv Ox. Lib. Vet. Statut. Ox. p. 95. Lib. Vet. Senior 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 onely to such as shal have immediate authority by the Kings Commission under the Great Seale of England in places formerly exempted as Colleges c. All Letters Patents heretofore made by the Kings Progenitours in behalf of the Universities are confirmed by Act of Parliament 13. Elizab. And in 19. Elizab part 12. in dorsrot the Privileges of the University are confirm'd in the very words of Bonif. 8. acknowledged they had them by Prescription the immediate subjection of the University to the authority jurisdiction of the Prince and all their other exemptions ratified and these acknowleged to be sworn to in the Oath taken by every Graduate ad observ Statut. Privil Consuet c. allowed and confirm'd by Charters from several Kings both by themselves and in e Parliaments and whatsoever free Royall grant was before the Reformation confirm'd unto us by the Pope that being then thought necessary was after that the Royal Authority had asserted to its Prerogative the Ecclesiastical Jurisdiction by the succeeding Princes in the e same words establish't Nor did the practise of Visitations dissent for all those that happen'd in the remainder of Hen. 8 time 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 Ed 6. Q. Mary Q. Eliz. were held by the respective Princes Authority and the Persons Visiting were onely their Representatives and whosoever sate the King Visited I have thus farre as much as may be expected from one not us'd to such encounters nor advantag'd by any of the Vniversity writings and muniments they having been of late g At the beginning of this Parl. the University Writings were required and eversince are detained withheld from us discover'd our Privileges in point of Visitation being put to this unequal Combate to engage with persons arm'd with power and our own weapons too onely shielded by naked Truth But should I wave the former debate of Interest and onely look upon the tye of Honour I cannot but with wonder and just scorn resent the mean opinion we are now faln into who for