Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	king_n	letter_n	3,612	5	6.5570	4	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56225	The Vniversity of Oxfords plea refuted, or, A full answer to a late printed paper intituled, The priviledges of the University of Oxford in point of visitation together with the universities answer to the summons of the visitors ... / by William Prynne, Esq. ...	Prynne, William, 1600-1669.; Allestree, Richard, 1619-1681.; Fell, John, 1625-1686.; Langbaine, Gerard, 1609-1658.; Waring, Robert, 1614-1658.	1647 (1647)	Wing P4121; ESTC R5306	43,159	69

36. Edw. 3. that King directeth Letter Patents to the Archbishops Bishops and Ecclesiasticall persons by way of Prohibition that Schollers should not be cited into Ecclesiasticall Courts out of the Vniversity And 6. Hen. 5. when a Commission was granted for the enquiring and correcting of Hereticks according to the Statute of 2. Hen. 5. there is this clause Nolumus tamen quod aliquis vestrum de aliquo praemissorum quae per privilegia libertates Vniversitatis per Cancellarium ejusdem Vniversitatis solummodo corrigi terminari debent colore praesentis commissionis nostrae in aliquo intromittatis In the Letters Patents of King Iames of blessed memory in March 20. of his reign he first declares his intention to confirm the Priviledges and Customes used in the Vniversity Secondly he doth in expresse terms confirm the jurisdiction as well spirituall as temporall the Priviledges Quietances and Exemptions not onely by the Grants of his Progenitors vel aliarum personarum quarumcunque but also praetextu aliquarum Chartarum donationum consuetudinis praescriptionis c. And thirdly Grants that the Chancellour and in his absence the Vice-chancellour shall visit Colledges which have no speciall Visitor which Charter is also exmero motu certa scientia 5. It appears by the Statute of 25. H. 8. cap. 19. 21. that albeit the supremacy in causes Ecclesiastical be resumed to the Crown from the Pope yet no part of that power which the Pope or Archbishop of Canterbury as his Legat in any wise ever had is invested In the Archbishop but it is q especicially provided That in the case of Monasteries Colleges c. exempt from Episcopall power and immediately subjected to the Pope the Visitation shall not be by the Archbishop but by Commissioners to be nominated by the King by his commission under the great Seal It is true that by the Statute of 31. H. 8. in a proviso therein contained there the Bishop and Archbishop have a power given unto them over Monasteries Colledges c. which before were immediately subjected to the Pope but that enlarging of the power of the Archbishop doth extend onely to Religious houses dissolved it doth not extend to the Vniversity and the Statute of 1. Phil. Mary cap. 8. repealing the Statutes made against the Pope's Supremacy and giving power to the Archbishop c. to visit in places exempt hath a speciall proviso thereby not to diminish the Priviledges of the Vniversities of Oxford and Cambridge nor the Priviledges granted to the church of Westminster Windsore and the Tower There is no new power given to the Archbishop by the Statute of 1. Elizabethae and this appears evidently in the proviso therein touching the Visitation for if he will visit he must be having jurisdiction and he must visit onely within his jurisdiction and the power is also given to Ordinaries within their jurisdictions 6. i Presidents and examples in the very poynt wherein not to insist upon the president of any Archbishop before the time of 26. H. 8. in as much as the Pope then being reputed the Supream head of the church and the Archbishop of Canterbury having a Legatine power his acts then are not to be ensampled to the succeeding Archbishops who have not any power in the poynt in question touching visitation from the Pope but what hath been done sithence is most materiall and that time hath taken up above an hundred yeers which by the Canon Law is accounted not onely tempus antiquum but tempus antiquissimum The first Visitation of the University sithence that time was 27. H. 8. when the Lord Cromwel was Chancellour of this University and the same was by * commission under the great Seal of England to the Lord Cromwel Chancellour and others according to the foresaid Statute of 25. H. 8. The second visitation was k 3. Edw. 6. and as it doth appear by the Letter of the Duke of Somerset the then Chancellour of the University that visitatio Regia was by reason that he was moved by the Letters of the University to send Visitors he being then Protector was not in Commission In the third and fourth yeer of the reign of Phillip and Mary the Pope being restored to his usurped power Cardinal Poole did visit the University but it appears in the processe that it was as Legatus by Commission from the Pope cui Papa commisit visitationem reformationem studiorum generalium which clause together with the proviso in the said Statute 1 2. Phil. Mary proveth that this Visitation was not authoritate Metropolitica And lastly there was a Royall Visitation 1. Eliz. by m Commission under the great Seal to Sir William Cecill then the Chancellour of the University and to others The Queens Letter before the said Visitation to Sir William Cecill is Because the chief order and governance of Our Vniversity of Cambridge appertaineth to you being the chancellour of the same c. Wee 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 Yet notwithstanding all these reasons presented by the Vniver of Camb. others of like nature sent from Oxf. amplified by councell upon a full deliberate hearing of both parties before the King himself the Lords of the privy Counsel at Hampton court the King and Lords resolved against the Universities claims and reasons and confirmed the ancient Declarations and Resolutions of King Richard the second and Henry the fourth disclaiming this new revived Monopoly of the King's sole right of visiting the Vniversities they would attribute to him as his Royall Prerogative and their grand Priviledge and Birthright which they are bound by oath and duty to maintain as this ensuing Charter of King Charles himself will demonstrate to their eternall refutation Anno duodecimo CAROLI pars sexta Novemb 2. Commis. visitat Archiepiscopo Cant. REX omnibus ad quos c. Suborta nuper lite controversia inter Reverendissimum in Christo Patrem Archiepiscopum Cantuariensem Vniversitates nostras Oxonii Cantebrigiae super jure titulo visitationis Metropoliticae Universitatum praedictarum praefato Archiepiscopo jus visitandi praedictas Universitates sibi Ecclesiae suae Metropoliticae Christi Cantuariensi vendicante praefatisque Universitatibus se a visitatione praedicta exemptas esse pretendentibus liteque controversia praedictis ad Nos judicium sententiam nostram Regiam delatis Nos ad stabiliendam pacem inter partes praedictas ad tollendam in perpetuum bujusmodi controversiae materiam Reverendissimum in Christo Patrem praedictum perquÃ m fidelem Consiliarium nostrum Willielmum providentia divina Archiepiscopum Cantuariensem totius Angliae Primatum Metropolitanum Vniversitatis Oxonii Cancellarium Necnon perdilectum perquÃ m fidelem consanguineum Censiliarium

on the Rolls of that yeer In the twelft yeer of King CHARLES William Laud Archbishop of Canterbury intending to visit both Universities by his Metropolitical Right the Universities revived this Plea against his jurisdictioÌ„ which had rested in peace without any controversie from K. Henry the 4th his resolution Anno 1612. till that very yeer 1635. The Universities alleaged that the King onely was and ought to be their sole Visitor and that they were exempt from all Archiepiscopal and Episcopal visitation by foundation prescription papall Buls royall Charters and expresse Statutes the Vice-Chancellour and Heads of the University of Cambridge on the 24. of December 1635. presented this ensuing Paper to the Archbishop against his Metropoliticall power to visit them comprizing in it whatever the University of Oxford hath alleaged or can colorably object against their present visitation the Originall whereof I have in my custody endorsed with the Archbishop's own hand A Summary Brief or Extract of the REASONS wherefore the University of CAMBRIDGE is exempt both from Archiepiscopal and Episcopal Jurisdiction and VISITATION IT being laid for a ground that the Chancellour of the University as Ordinarius hath and of ancient time had ordinary jurisdiction within the Vniversity as may appear as well by the Letters patents of King Richard the second under the great Seal of England of a grant to the Chancellour to make a significavit into the Chancery of his excommunications as Bishops used to do whereupon the Writ of De excommunicato capiendo was to issue as also by a multitude of presidents of the exercise of spirituall Censures and Jurisdictions amongst which it doth appear that in the time of King Edward the first the Chancellour of the Vniversity did excommunicate the Builiffs of Cambridge for infringing the Priviledges of the Vniversity and in the time of King Henry the eighth Iohn Edmunds then Master of Peter-house and Vice-Chancellour of the University did excommunicate Dr Cliffe Chancellour to the Bishop of Ely for excommunicating a priviledged man and the matter comming before Cardinal Woolsey the Popes Legate it was ordered for the University and Doctor Cliffe submitted to the said Vice Chancellour and was absolved by him publikely in the Vniversity In the first place The Vniversity of Cambridge is Studium generale and Communitas Clericorum and it is f one of the royall Prerogatives of the Kings of England that where they are founders of Monasteries Colleges or other Religious places such Religious places so founded are eo ipso exempt from Episcopall and Archiepiscopall Iurisdiction and are onely to be visited by persons delegated by the King's Majesty by Commission under the great Seal of England That the University is of the royall foundation of the King's Progenitors or Predecessors it appears not onely by authentick Historians but also by a Petition exhibited by the Chancellour and Schollers of the University 5. R. 2. to the King in Parliament concerning the Townsmen of Cambridge burning their Charters and other Writings and Muniments c. And the reason of the Petition is given Cum dicta Vniversitas Cantebrigiae sit ex ordinatione fundatione illustrium Progenitorum vestrorum propter honorem Dei Sanctae Ecclesiae which Petition was accepted and a Decree thereupon made in Parliament against the Townsmen 2. The Popes of Rome untill 26. H. 8. did usurp upon the Imperial Crown of the Realm and did assume to themselves a superiority and supremacy in all matters of Ecclesiastical government and in very g ancient times there were Grants Rescripts or Buls to free the Vniversity from the jurisdiction of the Bishop of the Diocesse and of the Archbishop Pope Iohn the two and twentieth in the eleveneh yeer of the reign of King Edward the second and at his request doth confirm to this Vniversity which he called Studium generale all manner of Priviledges and Indulgences before that time granted to it by any of his Predecessors or any Kings of this Realm The Prior of Barnwell also Anno Dom. 1430. as delegate to Pope Martin the fift by vertue of that power committed to him confirmeth the jurisdiction and exemption of the Vniversity by an authentick instrument under the seal of the said Pryor and his Covent called Processus Barnwellensis the Original whereof is still in Archivis Academia Pope Eugenius Anno Dom. 1433. being 12. H. 6. reciting the Buls of Pope Honorius Sergius primus the which were n seven hundred yeers before that time for the freeing of the Vniversity from the jurisdiction of the Bishop and Archbishop and reciting the processe of Barnwell doth confirm the same and supplies all defects as appeares by the Original in Parchment in Archivis Vniversitatis 3. There is a o constant custome and prescription for the freeing of the Vniversity from the jurisdiction of the Bishop and Archbishop And a Prescription and Custome will prevail in this case as well upon the canon Law as it will upon the municipal and fundamental Lawes of the Kingdom and the rather because the canon Law had his force in this Realm by usage and custom And to prove that this Custome and Prescription was ancient in the time of Henry the sixt it appears by the foresaid instrument under the seal of the Prior of Barnwell termed Processus Barnwellensis that the Masters Doctors and Schollers of the University for the preserving of their immunities and exemptions from the Bishop and Archbishop their Charters and Buls from the Popes being lost or burnt did addresse themselves by Petition to Pope Martin the fift who did make a Commission Delegate to the Prior of Barnwell and Iohn Deeping and to either of them to enquire c. The Prior takes upon him the execution of the Commission the University in the Regent house make a Proctor under the common Seal There are seven Witnesses examined who speak for the time of their memory some of them for sixty yeers that by all that time the Chancellour of the Vniversity had exercised Ecclesiastical jurisdiction within the University and names Richard Scroop and eleven other Chancellours of the Vniversity and p that no Archbishop or Bishop did interpose and doth instance Doctor Fordham Bishop of Ely comming to Cambridge with an intention to visit the University when he understood of the Priviledge of the Vniversity he did supersede Sithence that Processe being above two hundred yeers ago there have been fourteen Archbishops of Canterbury and sixteen Bishops of Ely and none of them have visited the Vniversity of Cambridge notwithstanding they have visited their Diocesse and Province 4. Not insisting on sundry p ancient Charters of former Kings King Edward the second An. 11. of his reign writes to Pope Iohn the two and twentieth for confirming the ancient Priviledges which the Vniversity then used with augmentation of new the which is in the Tower of London and was under the great Seal of England And 22. Maii

Parliament in the 13. yeer of Queen Elizabeth rot. 36. the title whereof is onely mentioned in the printed Acts therefore the Parliament being the true Founders of it have best right to visit it by the common Law by us their Commissioners as this Objection proves Sixtly this plea That the Vniversity is of the King's foundation only as the Objector grants is but the Vniversities own device who anciently did and yet do shelter themselves under the title of it against their lawfull Visitors and are very ill advised to fly to this false shelter now since three Kings and one Parliament have severall times driven them from it as the premises evidence Seventhly admit the antecedent true that the King and his Predecessors were sole Founders of the Vniversity yet the sequell is unfound Ergo they only are the Visitors of it and none others seeing I have proved that others have of right visited and had jurisdiction in and over it as a Vniversity from time to time besides our Kings and that of right by our Kings and Parliaments resolutions notwithstanding this pretext of being sole Founders Eightly the King and his progenitors by their Charters are as much Founders of every Corporation every Company of Merchants and other Tradesmen in London and other Cities as of the Vniversities will it therefore follow Ergo none must visit or regulate them but the King and the houses of Parliament the Committees for Trades Complaints Grievances Clothiers Weavers c. may not regulate nor reform them much lesse the Lord Major and Court of Aldermen as they have usually done Ninthly the Book of 6 H. 7 14. is no resolution but a private opinion It only speaks of the Kings free Chappels without cure which he or his Chancellours shall visit not the Bishop but by Commission not of Vniversities or Colledges the thing in question nor yet of Monasteries Churches and Chappels with cure of souls which the Archbishop and Bishop of the Diocesse shall visit though built founded and endowed by the King himself as this very Law-book 6 H. 7 14. grants whence most ancient Abbies founded by our Kings were exempted from archiepiscopal and Episcopal visitation and jurisdiction by special Charters confirmed in * Parliament and Popes Buls the King's meer foundation and Charters alone being no legall exemption from their power by the common or Canon Law As for the Statute of 2 H. 5 c. 1. it speaks only of Hospitals of the King's foundation that the Ordinaries shall visit them by his Commission not of Colledges or Vniversities without the words and intention of the act Tenthly this and other Law-books onely say that the Bishop shall not visit Hospitals and Free-Chappels of the King's foundation but no Book avers the Houses of Parliament may not visit them nor their Delegates and to argue the Bishop of the Diocesse may not visit the King's Free-Chappels or Hospitals Ergo the Parliament may not do it is no better Logick then The Ordinary cannot visit nor reform the greatest Officers of State the Cours of Justice at Westminster the Kings own Court nor any civil abuses and publike grievances Ergo the Houses of Parliament cannot do it Yea all our Books agree that the Bishop by Commission under the great Seal may lawfully visit the Kings Freechappels Foundations and the stat of 2. H. â— c. 1. enacts as much But we have such a Commission to visit the University therefore we may lawfully do it These answers I suppose have sufficiently shaken the sandy foundation of the Universities Exemption the Kings Foundation of it whereon they most rely Yea but the Objector learnedly replys p. 3. Here you may please to consider that the Foundation of the Vniversity being the Kings personal act his interest lies not within the reach of that Beaten evasion of a publike and politique Capacity I answer I understand not wel what he means by the Kings personal act Unless the act of the King in his natural Capacity as a Man not in his Politick as a King If so then it follows 1. That the King and his Progenitors as Kings in their publike and politick Capacities were not founders of the University but only in their natural as private men which subverts his own assertion and foundation 2. That this priviledg of a Founder is not annexed to the Kings publike and politick but natural and personal Capacity and so not descendible nor hereditary since personal actions acts and priviledges by the rules of the Law * die with the person If he mean by the Kings personal act that the King in person laid the very first Foundation stone of the University with his own hands or writ and sealed the Patent or Charter that first founded it himself and not by any Substitutes or Officers This wil bâ— hard for him to prove and the sequel wil be That the King only in his own Royal person must visit the Vniversity now but net by any Commissioners or Delegates and so all his other Foundations contrary to all former presidents Statutes and Law-books that he may visit them by Commissioners which the Unâ—versities Answer acknowledgeth and himself toâ— The next Ground of Exemption urged is pre-scription and Bulls of Popes both which being abandantly refuted in the premised positions and no plea at all against both Houses of Parliament or any power derived from them not mentioned nor included in nor yet confinable by these Bulls though they might hold good against any ordinary or inferior Jurisdiction if true I shall here therefore pretermiâ— without further Answer The 3d ground of Exemption alleaged it * grants of Exemption by Popes allowed and confirmed by Charters from several Kings both by themselves and in Parliaments to prove which there are quoted in the Margin some Popes Buls out of Hâ—re the old book of Oxford Statutes and the Senior Proctors Book with this addition 25. H. 8. c. 21. All power of Visitation is given only to such as shall have immediate Authority by the Kings Commission under the great Seal of England in places formerly exempted as COLLEDGES c. All Letters Patents heretofore made by the Kings Progenitors in behalf of the Vniversities are confirm'd by act of Parliament 13. Eliz. 19. Eliz. part 13. in Dorso The Priviledges of the Vniversity are confirm'd in the very words of Boniface 8. acknowledged they had them by prescription the immediate subjection of the Vniversity to the Authority and Iurisdiction of the Prince and all their other Exemptions ratified and those acknowledged to be sworn to in the Oath taken by every Graduate These are all the evidences of moment produced to make good this ground I answer 1. That all these Popes Bulls of Exemption now insistâ—â—â—on were so farr from being allowed and confirmed by Charters from several Kings both by themselves and in Parliaments that King Richard the 2. and King Henry the 4. by both their Charters and in Parliament upon

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