solemn debate disallowed â—ulled and declared them meerly void and the University it self absolutely renounced them as nullities and prejudicial in both their Raigns King Charles himself by his Charter ratifying and approving their resolutions herein as I have proved Therefore this allegation is a most palpable falshood there being no one Charter nor Act of Parliament that ever allowed or confirmed them before or since these Kings Declarations of their nullity And admit these Bulls so confirmed yet they ex end only to exempt the University from Archiepiscopal or Ordinaries Visitations and Jurisdictions not from the Kings or Parliaments not mentioned nor intended in them I shall close up this with Matthew Parkers Authority the first Arch Bishop of Canterbury in Queen Elizabeths Raign De Antiqu. Eccles. Brit. p. 35 before the Arch-Bishops lives where thus he writes of the Jurisdiction of the Arch Bishop of Canterbury even in this Queens Raign of these Popes Buls nullity Episcopatus et Diocaeses suae Provinciae quandocunque et quocunque ordine sibi videbitur expedire visitat c. Tamque latè patent hujus Archiepiscopatus privilegia ut in loca firmissimiâ— septa ac munita privilegijs se insinuent Multa onim loca quae a Metropolitica et Ordinaria Iurisdictione se eximi procurassent ab hujus tamen Authoritate immunia ac tuta esse non poterant Inter quae ILLAE CELEBRES CANTABRIGIENSIS ET OXONIENSIS in Anglia ACADEMIAE quanquam peculiaria jura et exemptionis privilegia sibi quondam á Papa concedi procurassent illis tamen authoritate posteá Regia irritiâ— ac rescissis IN CANTVARIENSIS ARCHIEPISCOPI AVTHORITATEM SESE REDDIDERVNT et tam VISITATIONES SVAS SVBIRE COGVNTVR quà m ad Synodalia sua concilia per Cancellarios acceduxt In Cantabrigiae Collegio S. Petri cujus Eleensts Episcopus est patronus sede vacante tà m Praefectum quà m socios admittit et uni scholarium cui gratificare voluerit vacantsem societatem confert OXONII Collegiorum omnium animarum et Mertoniensis est Patronus ac in utrisque Ordinariam et OMNIMODAM JVRISDICTIONEM EXERCET So that he reputed this Jurisdiction of visiting the Vniversities a Right belonging to the Arch-Bishops of Canterbury notwithstanding any pretended exemptions Charters or Statutes to the contrary then in being or the Bulls of Pope Boniface the 8 which Ioannes Cajus De AntiqueCantabrig Academiae p. 71. confesseth to be abolished by the Leâ—ters Patents of K. Richard the 2. made to Arch-Bishop Arundel in the 20. year of his Raign and after confirmed by King Henry the fourth and an act of Parliament in the 13 year of his Raign as the Premises at large demonstrate 2. I answer that the objected clause of the Act of Parliament 25. H. 8. c. 21. extends not at all to the Vniversity of Oxford or any Colledges in it as is most evident by the express words of the proviso which I shal here transcribe Provided always that the said Arch-Bishop of Canterbury or any other person or persons shal have no power or authority by reason of this act to visit or vex any Monasteries Abbies Priories Colledges Hospitall houses or other places Religious Which be or were exempt before the making of this act any thing in this act to the contrary thereof notwithstanding But that Redress Visitation and Confirmation shall be had by the Kings highness his heires and successors by Commission under the Great Seal to be directed to such persons as shal be requisite for the same in such Monasterâ—â—s Colledges Hospitals Priories houses and places Religious exempt So that no Visitation nor Confirmation shal from henceforth be had or made in or at any such Monasteries Colledges Hospitals Priories houses and places Religious Exempt by the said Bishop of Rome nor by any of his authority nor by any out of the Kings Dominions nor that any person Religious or other resiant in any the Kings Dominions shal from henceforth depart out of the Kings Dominions to or for any Visitation Congregation or assembly for Religion But that all such Visitations Congregations and Assemblies shal be within the Kings Dominions By this it is apparant First that this act extends only to such * Colledges is were Religious Houses consisting of Menks and Friors not to Colledges of Schollars in the University as the coupling it with Monasteries Abbies Priories and other Places RELIGIOVS and the last clause Nor that ANY PERSON RELIGIOVS depart out of the Kings Dâ—minions to or for any Visitation or Assembly FOR RELIGION manifests 2. That it excludes only the Arch-Bishop of Canterbury his Commissaries and under-Officers formerly mentioned in the body of the Act the any other person or persons intended in this clause from visiting these exempted Colledges and Religious Houses and that not simply but BY REASON OF THIS ACT Not the Houses of Parliament or any Vâ—sitors of their appointment 3. It extends only to Colledges not to Vniversities not once named or intended in this Law And a Colledg especially of Monks and Religious persons as here is one thing a Vniversity another by the Objectors own concession p. 6. 4. It reacheth only to such Colledges and Places Religious as were exempt from Archiepiscopal and Episcopal Visâ—â—ation AT BEFORE THE MAKING OF THIS ACT Therefore not to the Universities and Colledges of Oxford and Cambridg which at and before its making were not exempt but subject both to the Arch-Bishops and Bishops Visitation and Jurisdiction as I have largely proved 5. Such exempt Colledges as are within this Act are to be visited not by the King in person or such persons as he shall personally nominate as the Objector dreams no such words being in this Act but BY COMMISSION UNDER THE GREAT SEAL TO SUCH PERSONS AS SHAL BE APPOINTED and requisite for the same that either by both houses of Parliament or by the Keepers of the Great Seal who usually nominate and appoint all Commissioners of the Peace Sewers Oyer and Terminer for Visitations Inquiries and the like not the King in person And the present Visitors of Oxford being thus appointed by Ordinance of both Houses and by commission under the Great Seal are sufficiently authorized to visit the Vniversity and Colledges in it admit them places exempt within this proviso as they are not 6. Admit all that can be it is clear that both Hâ—uses of Parliament by this Law conferred the Power of visiting Monasteries Abbies Priories Colledges Hospitals houses and other places Religious exempt before this act from Archiepiscopal and Ordinary Visitation on the King his heires and successors who could not confer it on themselves Ergo by the self-same reason both Houses may now by Ordinance and Commission lawfully conferre the like power of visiting the University though formerly exempted on the Visitors now appointed by them they being the supream Visitors and Reformers of all corruptions and abuses both in Church and State and appointing who shal
be Visitors and what person or person shal be visited and what things inquired of in Visitations in sundry other Acts of Parliament as 31. E. 1. Rastal 304. 2 H. 5. c. 1. 25. H. 8. c. 21. 26. H. 8. c. 21. 26. H. 8. c. 1. 28. H. 8. c. 10. 31. H. 8. c. 13. 14. 2. E. 6. c. 1. 5. E. 6. c. 3. 1. 2. Phil. Mary c. 1. 8. 1. Eliz. c. 1. 2. 14. Eliz. c. 5. 3. I answer it is true That the ancient Priviledges Liberties and Franchises of the respective Vniversities of Oxford and Cambridge heretofore granted ratified and confirmed by the Queens Highness and her most noble Progenitors for the better increase of learning and further suppressing of Vice are confirmed by Act of Parliament An 13. Eliz. rot 36. which incorporates both Vniversities but it neither confirmed the Popes Bulls of exemption nor gave them any Immunity from Archiepiscopal or Episcopal Jurisdiction and Visitation it being no ancient Libertie Priviledg or Franchise ratified or confirmed to them by the Queen or any of her noble Progenitors nor yet once mentioned or intended in the Large Patent of Priviledges of King Henry the 8. bearing date the 10 of April in the 14 year of his Râ—ign made and granted to the Chancellor and Schollars of Oxford nor in Queen Elizabeths Patent to the Chancellor Masters and Schollars of the University of Cambridge bearing date the 26 of April in the 3 years of her Raign particularly confirmed by this Act. Therefore this Act makes nothing at all to purpose 4. The Objected Commission in 19 Eliz part 12. in dorsâ— pretends no exemption of the Vniversity and Colledges from Archiepiscopoll and Episcopall Visitation and Jurisdiction simply the thing not then in question neither doth it acknowledg or confirm the Vniversities Priviledges and all other Exemptions in the very words of Boniface the 8. and acknowledg they had them by prescription c. as is untruly surmised But first it mentions divers priviledges then claimed by the Chancellor Doctors and Schollars of the Vniversity and some exemptions in causes wholly belonging to the Chancellors conusance and next it only complains of William Wilsons infringing these Priviledges and Exemptions contrary to his Oath in complaining to the Deane of the Arches of Canterbury and to Arch-Bishop Grindal against the Bishop of Lincoln and his Visitors of Lincoln Colledg in Oxford for refusing to admit him to the Rectorship thereof to which he falsly pretended he was really and lawfully elected and presented and for sending Inhabitions and Citations thence to the Bishop and his Visitors who were Members of the Vniversity to appear in the Arches and with taking the final Examination and Determination of this election unto themselves which of right belonged to the Chancellor and University Upon which bare suggestion and complaint the Queen granted a Commission to two Bishops and six others in a summary way without any noise or formal proceedings according to the truth and meer equity of the cause by the best and most effectual means they could De et super VERITATE PRAEMISSORVM et PRIVILEGIORVM et EXEMPTIONVM DICTAE VNIVERSITATIS ac in causa et causis praedictis c. procedere et fine debito omni appellatione et querela nuillitatis et supplicatione quacunque remotis terminare statutis Canonibus et consuetudinibus in contrarium editis litisve pendentibus in aliquo non obstante So as this Commission doth no ways confirm the priviledges nor ratifie the exemptions therein claimed by the Chancellor and Vniversity by Charter statutes and prescription for then it would have remitted this cause of Election from the Deane of the Arches and Arch Bishops Delegates to the Chancellor and Vniversity to whom by ancient Priviledg they alleaged it did belong but only refers the Examination of the truth of the Premises Priviledges Exemptions and Determination of this cause and controversy about this Election to certain Commissioners thus summarily to determine any Statutes Canons Customes or suits depending to the contrary notwithstanding and so rather doubts of and questions the truth of there alleaged Vniversity Priviledges and Exemptions then confirms them though procured by the Chancellors and Universities means and drawn up by their own directions But admit this Commission ratified and confirmed the Priviledges and Exemptions claimed in it by the Vniversity yet the substance of them is no more then this That * all personal contracts suits controversies and offences of Schollars and Priviledged persons arising within the precincts of the Vniversity except maihmes and fellonies are to be tried and determined in the Vniversity before the Chancellor only not before any Arch-Bishops Legates Bishops or Ordinary Judges out of the Vniversity Will it therefore follow Therefore the Vniversity cannot without multiplied perjury acknowledg any Visitor but the King and such as are immediately sent by him and is totally exempted not only from all Archiepiscopal and Episcopal but likewise from the Parliaments and their Delegates Visitation No doubtless the rather because King Charles himself and his Counsâ—â— resolved that neither this Commission nor * any other Charter of Priviledges or Exemptions did free the Universities from the Arch-Bishop of Canterburies Metropolitical Visitation much less then from both Houses Delegates authorized by Ordinances and Commission for to visit it The 4th ground and argument urged for the Universities Exemption from our Visitation is this * That all visitations of the Vniversities except in Queen Maries Raign by Cardinal Pool as Popes Legat were held by the respective Princes authority and the persons visiting were immediatly sent by them only as their Representatives and who ever sate the King visited For which one Visitation by K. Henry the 8. another by King Edward the 6. a third by Queen Elizabeths Visitors Commissions are cited therefore the Universities are exempt from all other Visitors and those now appointed by both Houses but not immediatly by the King To this I answer First That no King of England before Henry the â— did either in Person or by Commission visit the Universities and his once meer Visitation of them by Commissioners if true since I find no such Commission extant after much inquiry was no exemption of them in point of Law from their former Visitors no more then of the particular Colledges which they likewise visited from the Visitors designed them by their Founders Secondly King Edward the 6. his Commission and Commissioners for their Visitation were made by the advice of the Lord Protector and others of his privy Councel He being then an infant but of 11. years of age not made nor nominated personally and immediately by himself as the Commissions themselves attest And for any Commission under the great Seal of Queen Eliz. for the Vniversities Visitation it is to me a meer non liquet which I cannot find upon search after it Thirdly King Charlâ— himself and his Counsel resolved upon fâ—l
more strict and particular Obligation being sworn by our respective Statutes to allow and submit to no visitation but from those who are nominated by our Founders And the common and Statute Law of England allows the Founders of any Colledge Abbey Hospital Free-school or Free-Chappel without cure of souls to visit or nominate those who shall visit the same as is evident by 8 Ass. 29. 8. E. 369. 13 Ass. 2. 11 H 4 12. 84. 27 E. 3 84. 6 H. 714. Fitz. Nat. Bre. 42. a. b. 50. 〈…〉 Brook Praemunire 1. 5. H. 5. c. 1. 25 H. 8 c. 21. 43 Eliz. c. 4. Now of all the Colledges or Hals in the University of Oxford as Doctor Fell the pretended Vice Chancellour alledged before the Committee of Lords and Commons for regulating the University there is none but Christ Church onely of which the King is immediate Visitor and that originally founded by Cardinal Woolsey not the Kings Progenitors and no more but it and * Orial colledge and St. Mary-Hall founded by K. Edward the 2d and Iesus-colledge founded by Qu. Elizabeth whereof the King and his Progenitors have been Founders which three later have their particular Visitors appointed by their Founders Statutes and no Colledge in the University of Cambridge but Kings-colledge Trinity-colledge any Christs-colledge whereof the King's Ancestors are immediate Founders how then the King can truly and really be stiled the sole Founder or Visitor of both or either our Universities there being but three Colledges in Oxford and three in Cambridge of his foundation and but one of his visitation I desire the University at leisure to resolve since this their Plea We have yet a more strict particular obligation being sworn by our respective Statutes to allow and submit TO NO VISITATION but from those who are appointed by our Founders quite subverts their grand pretended Priviledge and strongest Plea in Bar which the Author of The Priviledges of the Vniversity of Oxford undertakes to make good That the right of visiting the Vniversity of Oxford is onely in the King's Majesty and that it is exempt from all other jurisdiction by its Foundation Prescription and grants of Exemption when as I have proved it to be anciently and legally subject both to the jurisdiction and visitation of the Bishops of Lincoln of the Archbishops of Canterbury the Popes Legats the Chancellour and the Colledges and Hals as Members of it to sundry particular Visitors appointed by their respective Statutes and Founders the two last whereof themselves acknowledge and urge too Which fully refutes the King's pretended royall Monopoly of sole visiting the University which himself and his Progenitors have severall times disclaimed and resolved against in expresse terms as I have manifested My fift position is * already substantially proved in every syllable in the evidence for probat of the second which I shall not repeat but only conclude the Author of the Vniversities Priviledges was very ill advised to plead Popes exploded illegal antichristiaÌ„ Buls in Bar against the jurisdiction of both houses and the Visitors deputed by them in these Anti-papal times of Reformation which might justly induce them to suspect that the Heads and Members of the University have a higher and more reverent esteem of the Popes usurped abandoned authority and illegal Buls then of both houses rightfull Power and Ordinances which they would have these voyd Papall Buls no better then the white Bull in Osny Tower controll though the very Letter of them extends onely to exempt themselves from Archiepiscopal and Episcopal not Parliamentary jurisdiction and visitation no more then Regall These five positions being all confirmed and the Universities pretended grand Priviledge and false Plea thereby sufficiently refuted I shall next examine and refeil the false grounds and impertinent Evidences produced by their advocate to make them good and so leave them without excuse The first ground in maintainance of this exemption is That the Vniversity of Oxford wholly refers to the King as its Originall Founder That almest 800. yeers since King Alured not onely founded publick Schools of Arts Lectures but their Priviledges Immunities having gotten them confirmed by the then Pope That the Vniversity ever submitted and sheâ—â—â—red themselves under the title of the Kings Foundation yet do For which some Instruments of the University to K. Richard the 2d and others wherein they recite they are Vestrae fundationis Patronqtus are cited in the Margin Now all Societies whereof the King or his Predecessors were Founders are ONELY VISITABLE BY THE KING by the common Law of this Realm 6 H. 7 f. 14. 2 H. 5 I suppose he intends the Statute of 2 H. 5 c 1. since there is nothing in the yeer book to that purpose To this I answer first That the originall Founder of the University of Oxford is not certainly known Secondly That King Alured was not the first Founder of this Vniversity or of Schools and Lectures in it which had been time out of mind before as Master Cambden in his Britiania p. 378. proves out of Assâ—r but onely the Restorer and Repairer of them recalling the long banished Muses unto their own sacred cels it being a Vniversity above three hundred yeers before at lest its Orders and Ordinances for Lectures c. being made and established by Gildas Melkin Ninnius Kentigerne and other godly and learned men which Saint German wondrous well allowed of â— which the old Schoolmen of the Vniversity proved by the undoubted testimony of old Chronicles before King Alured in their contest with Grimbald their Divinity Professor there And it is one thing to be a Founder another a Repairer or enlarger else every Founder of a new Colledge or School in the Vniversity or Repairer of an old one should be the Founder of the University and Colledge it self Thirdly That this King conferred any Priviledges or Immunities on this Vniversity got them confirmed by the Pope I find no satisfactory evidence but admit he did this makes him no more a Founder of the Vniversity then Edward the 3d Richard the 2d King Henry the 8th Queen Elizabeth King Iames or King Charles who confirmed and allowed the Vniversities ancient priviledges Fourthly there are only three Colledges and one Hall in Oxford now remaining of the King's and his Predecessors foundation and one of them Christ-church was really founded by Cardinal Woolâ—ey as a Colledge and by the * King onely as a Deanary and Cathedral all other Colledges and Hals with the publike Schools and Library had other Founders therfore the King and his Progenitors cannot be properly stiled the sole Founder of the whole Vniversity and so the onely Visitors by the common Law Fiftly the Parliament it self to speak properly is the true reall Founder and establisher of both Vniversities they being incorporated and made capable to sue purchase and enjoy all their Priviledges and Lands without controversie onely by an act of
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
dâ—bateâ— that those Royal Visitations of his Predecessors did not exempt them from the Archbishops Visitation by his metropolitical right Therefore they can much less priviledg them against the present Visitors commissioned under the great Seal and armed with both Houses right from whom our Kings derived their power of Visitation at first The 5. and principal Plea in point of conscience most inculcated is this * That the Heads and Members of the Vniversity are sworn by their respective Statutes to allow or submit to no Visitation but frâ—â— those who are nominated by their Founderâ—â— Therefore they cannot without multiplied perjury submit to the present Visitors I answ First That this Oath obligeth them not as Members of the University but only as fellows of particular Colledges or Hals Therfore it cannot be pleaded against our visiting the University in general but such particular Colledges only who are obliged by such an Oath Secondly This Oath was never made not prescribed with any intention to exempt those particular Colledges that take is from the Kings or his Commissioners Visitations as the Objectors I presume wil grant not yet from the Archbishops which I have formerly proved though not appointed Visitors by the Founders to both which these Colledges have submitted without any perjury or violation of their Oath the end whereof was only to exclude all wrongful intrusions of co-ordinate or inferior visitors and persons upon the Founders right by way of usurpation not any superior lawful Jurisdiction or Authority which the Founders had neither power nor right to abâ—idg This is evident in the common case of Hospital which though bound by Oath and Staâ—utes to admit no other Visitors but such as their Founders appoint yet the Ordinaries both by Statute Common and Canon Law 〈◊〉 and ought to visit them notwithstanding as is evident by 2 H. 5. c. â— by vertue of their superintendent power Thirdly This Oath is like the Oath of Homage at the common Law having an implied â—aviâ—gâ—â— it as that hath an express I become your man from this day forwards of life and limb and of earthly worship and unto you shal be true and faithful and bear you faith for the Tenement that I claim to hold of you saving the faith that I ow unto our Soveraign Lord the King Oâ— salvaâ—fide Deo terrae Principi The reason of which Saving is because the King is the Soveraign Land-lord Paramount the Mean-lord Which Oath of Homage Walter Bishop of Exon giving to his Tenants in Cornwal nulla facta mentione de Homagio Fidelitate Domino Regidebitis thereupon one Michael de North exhibited an Information against them in 6. E. 〈…〉 to the Kings Crown â—i ad damnum dedâ—cus ipsius Domino Regis And upon the same ground it is that if a man hold 〈◊〉 Hoâ—â—ge of divers Lords he 〈◊〉 say in the end of his Homage done savings he faith which I ow to our Lord the King 〈…〉 other Lordâ— If a man should make â— solemn Vow having been overtaken with wine never to drink wine more 〈◊〉 one addicted to swearing vow never to swear any more yet these Vows would not extend to exclude him from drinking wine at the Lords Supper or taking an oath upon summons or just occasion in any Court of Justice or before a lawful Magistrate So if a servant swear not to bewray his masters secrets or a fellow of a Colledg not to discover the secrets of the Hoâ—se or a Grand-Juâ—or not to discover his fellows secrets yet these Oaâ—â—â— binde them not when they are called to discover them in a legal way upon a just cause before a lawful Magistrate upon any Action of Account Bâ—ls of discovery or trial it being not within the intention of these Oaths nor in the power of those who prescribed them to restrain such legal discoveries or abridg the superior Magistrates power to the obstructing of publick justice upon which groâ—nd the Lords and others of the privy Councel heretofore and this very Paâ—lâ—ament in the case of the Earl of Strafford when summoned as witnessâ—â— have without peâ—jury or breach of trust discovered their Fellow-Councellors evil counsel secret advice to his Majesty contrary to the Letter of their Oaths Fourthly It is the Apostles express command Col. 3. 20 22 Children obey your Parents in all things for this is wel-pleasing unto the Lord Servants obey your Masters in all things according to the flesh Yet all Divines * Canonists and Casuists resolve That if Parents and Masters command one thing and Kings Magistrates or God himself command another thing Children and Servants in such a case ought rather to obey the Magistrates King and God himself then either their Parents or Masters notwithstanding these universal precepts of obeying them in all things which have this implyed quâ—lification involved in them to wit in all lawful things not contrary to the superior just commands of the King Magistrate or God himself which being the superior powers ought principally to be obeyed before natural Parents and Masters Hence is that known resolution of Augustine subscribed by * Gratian and all Canonists Quiresistit potestati Deâ—â—rdinations resistit Sed quid 〈◊〉 Iubentur 〈◊〉 quod non debeâ—â— facere hic sanè conteâ—â—â— potestate◠〈…〉 Legum gradâ—s adverte verte Si aliquid â—ussâ—rit curator faciendum est non tamen sâ— contra Proconsul jubeat Non utique contemnis potestatem sed eligis majori servire nec hic debet minor irasci si maior prâ—elatus est Rursus si ipse Consul aliquid jubeat aliud jubeat Imperator vel si aliud jubeat Imperator et aliud Deus quid iâ—dicatis Maior potestas Deâ—s da veniam ô Imperator Tu carcerem ille gehenâ—am miâ—atur Hic jam tibi assuâ—â—ndâ— est â—ides tua tanquâ—m scutum in quo possis omâ—ia ignea iacula inimici oxtinguere This resolve of his wil dissolve the present Objection that these Oaths and Statutes of particular Colledges wil exclude all other Visitors appointed by an equal or inferior but not by a superior Authority as the present Vâ—sitors are Fifthly I find an express president in point When * Cardinal Pool by his Dâ—legates vâ—siâ—â—d the Vniversity of Cambridg in Queen Maries days Robert Brassy Master of Kings Colledg aworthy old man both for his wisdom and hoar hairs hearing his own namâ—â—ecited next after the Vice-Chancellors said He was there present as all the other were neverthelesse for as much as the Reformation of his House was WHOLY RESERVED to the discretion of the Bishop of Lincoln not only by the Kings Letters Pattents but also by grant of confirmation of the Bishop of Rome himself under a penalty if he should suffer any stranger to intermedâ—e he openly proâ—essed in discharge of his duty that â—nlesse their Commission gave them Authority and Iurisdiction upon the Colledg either by * expresse words
of these it is as cleer as the noonâ— day Sun that the University of Oxford was under the jurisdiction if not visitation of the Bishops of Lincoln as being their Diocesans First by the very Buls of Pope a Boniface the eight and b Sixtus the fourth cited in the third page of the Priviledges of the Vniversity of Oxford in poynt of Visitation in expresse termes exempting the University ab omni jurisdictione Episcopali a Visitatione which needed no such exemption by two successive Popes from the Bishops jurisdiction and visitation if the University founded many hundred yeers before these Buls were granted had never been subject to but exempted from it by foundation and prescription too as is pretended it being then a meer superfluity for these Popes to grant or the University to embrace as a special priviledge and indulged favor Next by these ensuing cleer Historical passages c Matthew Paris in anno dom 1257. pag. 915 916. writes thus concerning the Bishop of Lincolns and University of Oxford's contest then happening between them about his jurisdiction and the Universities priviledges which he endeavoured to infringe in the generall without specifying the particulars which difference was referred to the Parliament then at hand to determine Eodem tempore videlicet septimo idus Martii venerunt ad sanctum Albanum quidam Magistri Oxoniae circitèr novem Artistle qâ—i querula voce coram Rege in Capella Sancti Oswini reposuerunt querimoniam de Episcopo Lincolniensi qui contra Statuta Universitatis antiqua approbaca nitebatur libertates Scholarium eneruare statutus est dies responsionis ad instans magnum Parliamentum ut auditis partium rationibus pacificarentur c. a Henry Lexinton was then Bishop of Lincoln What the Parliament here made the proper Judge of the Universities priviledges by the Kings own refereÌ„ce determined in this coÌ„troversie or what the priviledges coÌ„troverted were I find not in any Historian or Record but certain it is they determined nought against the Bishops jurisdiction over the University of Oxford who had the better cause and right as appears by this passage of Matthew Parker in his b Antiqu. Ecclesiae Brit. p. 204. in the life of Iohn Peckam anno 1287. Hoc etiam tempore lis quaedam inter Lincolniensem Episcopum Universitatâ—m Oxon aliquot innis de jurisdictione Episcopi in Scholares Universitatis agitata est In qua Joannis Cantuariensis cum SCHOLARIVM CAVSAM VACILLARE NEC IVRA STARE POSSE intellexerat Scholaribus rescripsit si in Jure contenderent VINCI EOS ET SVPERARI NECESSE ESSE praesertim cùm his quibus uterentur Privilegiis A IURISDICTIONE EPISCOPALI IVRE COMMVNI STABILITA EXIMI NEQVAQVAM POTVISSENT c Oliver Sutton was then Bishop of Lincoln Upon this advice it seems the University submitted to the Bishop of Lincoln's jurisdiction as their Diocesan so far as to present their Chancellour to him for his approbation and confirmation as is evident by this History recorded in Antiq. Eccles. Brit. p. 268. Anno 1350. Oxoniensis Universitatis Scholares Cancellarium suum quendam Willihelmum de Palmorna elegerunt Qui cùm ad Lincolniensem Episcopum in cujus Diocaesi tunc steâ—iâ— Oxonium confirmandus venisset crebris procrastinationibus in aliud temporis ab Episcopo rejectus est Id tà m Universitas Oxonienâ—is quà m ipse Cancellaâ—ius electus indignè tulit Qui facti querela coram Aâ—â—chiepiscopo Simone Islippe declarata ab eo opem remedium ad tam diutinam voluntariam sine causa tollendam moram petierunt Archiepiscopus edicto Lincolniensi praecepit Ut Cancellarium electum die quodam statuto confirmaret aut corà m se compareret dicturus causam cur admitti confirmari non debeat Interea Archiepiscopus causam Johanni Coulton Cancellario suo Ecclesiae Cathedralis Wellensis Decano commisit Die statuto aderant Cancellarius electus Oxoniensis Universitatis procuratores qui confirmationem consecrationem instanter petierunt Lincolniensis autem Episcopus non comparuit in cujus absentis contumaciam Cantuariensis Cancellarius in negotio electionis legitimè procedens eam legitimè ritèque celebratam ac canonicam esse pronunciavit Quo facto Archiepiscopus Cancellarium confirmavit eundem ad Universitatem Oxoniensem regendam admisit gregique Scholarium scripsit ut ei jam admisso juxta Universitatis jura ac statuta obtemperent atque pareant Ab hac admissione Lincolniensis Episcopus privilegie suo antedictó ut se suosque papali privilegio quod Avinione à Papa Clemente magnis muneribus impetravit ab hujus Archiepiscopi jurisdictione defenderet fretus ad Papam appellavit Archiepiscopus antem rejecta appellatione eum ut suae jurisdictionis Archiepiscopalis authoritatis contemptorem ad sui tribunal vocavit non accedentis proterviam interdictis Ecclesiasticis in ejus terras praediaque latis mulcâ—avit multa deinceps in hac lite coram Papa agitanda controversa sunt in quibus Lincolniensis revocato suo privilegio a Cantuariensi victus succubuit This great Contest happened in the time of Iohn Synwell Bishop of Lincoln as d Godwin who relates it too informs us adding That the Pope also granted at the same time unto the University that the Chancellour should be onely elected by the Schollers themselves and so presently authorized to govern them without the admission of any other But this I conceive is a cleer mistake for Matthew Parker out of whom he relates it records That this exemption of the University of Oxford from the Bishop of Lincoln's jurisdiction was procured by the intercession of William Wittlesey Archbishop of Canterbury about the yeer 1375. and that from another Pope not Clement but Vrban some 25. yeers after this contestation which he thus expresseth Antiqu. Eccles. Brit. p. 283. Hujus Archiepiscopi intercessione atque gratia Oxoniensis Academia à jurisdictione Lincolniensis Episcopi per Urbanum Papam quintum EXEMPTAEST tà m libera potestas Cancellarium suum eligendi â—acta Scholaribus ut Cancellarius sine admissione quacunque simulatque electus sit magistratum inire atque gerere possit An undeniable evidence that till this Papall exemption procured the University and Chancellour of Oxford were under the Bishops of Lincolâ—ns jurisdiction as their Diocesans After this Thomas Hyndeman Chancellour of the University of Oxford and Nicholas Faux his Commissary procuring another exemption from the Pope BONIFACE the eighth as some affirm of this University and the Schollers in it both from Archiepiscopal and EPISCOPAL JURISDICTION the Schollers and Doctors of Oxford complained of it to Archbishop Arundel and the whole Convocation at London in the yeer 1396. and there openly renounced it as non modâ— in Metropolitani ORDINARII sed ipsius Vniversitatis praejudicium atque gravamen Whereupon it was damned by the whole
Convocation as you may read at large in Antiqu. Eccles. Brit. p. 304 and likewise by King Richard the second in the twentieth and by Henry the fourth and the Lords and Commons in Parliament in the 13th yeer of his reign of which more anon whereby the Bishop of Lincoln's jurisdiction over the University of Oxford was not onely acknowledged and revived but likewise submitted to by the whole University of Oxford and this exemption from it by Popes Buls onely declared to be a prejudice and grievance to the University it self and the Bishop too whose jurisdiction thus revived was never afterwards impeached or abrogated by any subsequent Buls or Patents I can meet with but continued its vigor till the erection of the Bishoprick of Oxford out of Lincoln by Act of Parliament and Letters Patents of King Henry the eighth in the yeer 1541. which abolished the Bishop of Lincoln's power and translated this part of his Diocesse to the Bishop of Oxford as the Patents of 33. 37. H. 8 to the Bishop of Oxford demonstrate In fine Richard Flemming Bishop of Lincoln in the yeer 1430 founded Lincoln Colledge in Oxford and William Smith Bishop of Lincoln anno 1513. founded Brasenose Colledge in Oxford of both which Colledges though members of the University and of some others he and his Successors continued Visitors till this present Parliament By all these evidences I humbly conceive I have sufficiently fortified my first position That the University of Oxford was subject to the jurisdiction if not visitation of the Bishops of Lincoln as the University of Cambridge was to the Bishops of Ely which I can fully evidence were it pertinent and refuted the Universities and their Delegates false plea That the right of visiting the Vniversity of Oxford is onely in the King's Majesty and that it is exempt from all other jurisdiction by its foundation prescription and severall grants of exemption I shall now proceed to the proof of my second position touching the Archbishops of Canterburies right jurisdiction to visit the University of Oxford and Cambridge too as Metropolitans being scituated within their province by History Records and our Kings avowing of this their right and disclaiming their own ONELY OR SOLE RIGHT TO VISIT THE UNIVERSITIES wherein I shall make use of nonâ— buâ— punctuall authorities Godwin in his Catalogue of English Bishops p. 74. writes thus of Robert Kilwardly Archbishop of Canterbury That in the yeer 1278. he visited all his Province and BOTH THE VNIVERSITIES in which he disputed excellently and shewed himself in divers kinds of exercise And Matthew Parker in his Ant. Eccles. Brit. p. 198. records of him Totam Cantuar. Provinciam visitationis jure peragravit In hac VISITATIONE ACADEMIAS IPSAS METROPOLITICA AVTHORITATE INGRESSVS EST and that without any opposition or demurrer to his jurisdiction for ought appeareth Oxonii in Scholis non modò de Theologia sed de Philosophia atque Logica argutè dispâ—tavit In quibus artibus multas Oxoniensium opiniones sententias tanquam minus probabiles reprehendit atque refellit His next Successor Iohn Peckam anno 1288. visited the University of Oxford by his Metropolitical right without any resistance or dispute Antiqu. Ecclef Brit. p. 204. Ipseque perlustrata reliqua Provincia OXONIENSEM ACADEMIAM IURE METROPOLITICO VISIT ATVRVS ADLIT In qua visitatione quasdam philosophicas opiniones quos errores a Roberto Kylwarby ante reprehensâ—s docuit tanquam Haereses à fide Christianâ abhorrentes è suggestu Latinè refellit Simon Islippe Archbishop of Canterbury anno 1350. received an Appeal from the Chancellour-elect and Proctors of Oxford against the Bishop of Lincoln who refused to admit and conform William Palmorin whom they had elected and presented to him for their Chancellour upon whose default he admitted and approved of his election confirmed him in his Office and wrote to the Schollers of the Vniversity to submit unto and obey him according to the lawes and statutes of the Vniversity as Antiq. Eccles. Brit. p. 258. and Godwin in his Catalogue of Bishops p. 95. affirm and * I have formerly manifested more at large A pregnant evidence of his Metropolitical jurisdiction both over the Chancellour and University Anno 1390. William Courtney Archbishop of Canterbury as Antiqu. Eccles. Brit. p. 302. informe us Visitationem totius Provinciae suscepit and being strongly opposed by the Bishops of Exeter and Sarisbury whom he enforced to cry peccavi and to submit to his visitation at last reliquas tunc Diocaeses sine molestia visitavit In Lincolniensi solummodo a visitatione quorundam Monachorum gratia intercessione Abbatis Albanensis OXONII cessavit visiting all the rest of the University Ita visitatione peracta aliquantulum cessavit And in the Register of Archbishop Arundel fol. 46. the Doctors Batchelours and Schollers of the University of Oxford in their Articles exhibited against their Chancellour and Vice-chancellour to Archbishop Arundel and the Convocation of the Clergy recite and make this honourable mention of this Archbishop Courtney's visitation of the University where he was joyfully received without the least oppositioÌ„ though forcibly resisted in other places Quod dictus Archiepiscopus IPSAM VNIVERSITATEM TAM IN CAPITE QVAM IN MEMBRIS plura gravamina revocando crimina corrigendo excessus reformando diversas personas ab act scholasticis suspendendo AVTHORITATE SVA METROPOLITICA VISITAVIT These three Archbishops having visited the University of Oxford and Cambridge too in their Metropolitical visitations without the least contest or opposition Thomas Hyndeman their Chancellour and Nicholas Faux his Commissary without the Universities and Schollers consents procured a Bull from the Pope to exempt themselves together with the University Colledges and Schollers in it from all Archiepiscopal and Episcopal jurisdiction and visitation Whereupon Thomas Arundel Archbishop of Canterbury intending to visit the University as his Predecessors had done in the yeer of our Lord 1396. was opposed by the Chancellour and Vice-Chancellour who pleaded the self same plea against this Archbishops visitation as the Universities Delegates and Doctors do now against the Visitors appointed by Ordinance of Parliament and Commission under the great Seal namely That the visitation of the Vniversity of Oxford as a Vniversity belonged onely and solely to the King and not to the Archbishop or any other and that the Vniversity and Schollers in it were by the Popes own Bull exempted from the Archbishops and Bishops jurisdiction and visitation Whereupon the Doctors Proctors and Schollers of the University complained to Archbishop Arundel and the Convocation against the Chancellour and Vice-Chancellour for procuring this Bull which they renounced and the Convocation then damned and the whole matter comming afterwards before King Richard the second he disclaimed any such Priviledge and Prerogative of sole visiting the University as they would fasten on him acknowledged and ratified the Archbishops and Ordinaries jurisdiction over them and
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 jurisdictiō 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
first fixed did by an expresse Charter and Decree absolutely disclaim and adjudge it for the Archbishops against the University of Oxford upon a solemn reference of the whole businesse to him That when the Vniversity of Oxford renewed it again King Henry the fourth to whose determination the Vniversity and Archbishop submitted the descision thereof adjudged it for the Archbishops against the Vniversity and disclaimed this pretended Prerogative of his sole visiting she Vniversities which determination of his was ratified by the Lords and Commons in Parliament as a binding Decree against the Vniversity and their Successors That the Archbishops of Canterbury enjoyed the Privilege of visiting the Vniversities without dispute till 12. Caroli who upon full hearing of both Vniversities and the Archbishop before himself and his Councell by his Letters Patents under the great Seal confirmed the descisions of Richard the second and Henry the fourth and the Archbishops Metropolitical right of visiting the Vniversities notwithstanding all Pleas Buls and Charters alledged for their exemprion and likewise disavowed his own pretended right of sole visiting the Vniversities as Vniversities That the Popes Buls now insisted on for exempting the Vniversities from Episcopal and Archiepiscopal jurisdiction and visitation have been renounced by the Vniversities themselves and declared null and void by these three Kings and the Parliament of 13. H. 4. and no bar at all to the Archbishops right then much lesse to the Parliaments now That no Kings of England ever visited the Vniversities till King Henry the eighth and that neither his visitation of the Vniversity by his Commissioners if reall nor K. Edward the sixt by his nor the Statutes of 26. H. 8. c. 1. 25 H. 8. c. 19 31. nor 1 2 Phil. Mary c. 8. nor 1 Eliz. c. 1. did deprive the Archbishops of Canterbury of this jurisdiction nor yet the Bishop of the Diocesse whose jurisdiction continued till the twelft yeer of King Charles as this clause in his Letters Patens Declaramus quod Vniversitates praedictae per Episcopos Archidiaconos IN POSTERVM NON VISITENTVR intimates which fully makes good my second and fift position too in every particuler branch I shall be briefe in proof of my third That Cardinal Poole Archbishop of Canterbury in the third and fourth yeer of Queen Maries Reigne as Popes Legat visited both Vniversities is thus related by Matthew Parker his immediate successor Antiqu. Eccles. Brit. p. 422. Reginaldus Polus in LEGATIONE ADMINISTRANDA quia â—um in vivis vix aliqui Evangelici quas flammis extingueret noti essent in mortuos saevire decrevit Ac primum Cantuariensem Diocaesim VISITAVIT deinde CANTEBRIGIENSEM ET OXONIENSEM ACADEMIAS Johanni Christophersono Cicestrensi Cutberto Scoto Cestrensi Episcopis necnon Colo maximè Ormaneto quem omnit us rebus praefecit LVSTRANDAS ad Pontificiam â—mussim atque normam reducendas commisit Hi câ—â—m in collegiâ—s omnia perturbassent novisque duris legibus multorum juvenum praeclarâ—s indoles a studiis prorsus alienassent ne quid crudelitatis omitterent mortâ—orum sepulchra violarunt c. The whole form and proceedings of their visitation of the Vniversity and Colledges of Cambridge is at large recorded by Master Fox in his Acts and Monuments Edit. 1640. Vol. 3. p. 762 to 780. where those who please may read them at their leisure both the Vniversities submitting to his Visitors visitation of them not onely as Archbishop but Popes Legat too cui Papa commisii visitationem reformationem Studiorum generalium as he expressed in his Processe This Cardinal altered the old and made new Statutes for the Vniversities rejecting those made by King Edward the sixt his authority which Statutes of his are yet remaining among the Records of both Vniversities That the Chancellours of both Universities have anciently and at this day claimed a power of jurisdiction and visitation too in some cases over them is confessed and argued by the University of Cambridge in the Summary Brief of their Reasons forecited p. 29 32. they alledging this as one principall reason why they should be exempt from all Episcopall and Archiepiscopall jurisdiction and visitation too in some cases and the University of Oxford as is apparent by the words of the Commission of Queen Elizabeth 23. Aprilis 19 Eliz. made the seâ—â— same Plea and suggestion against Archbishop Grindaâ—s jurisdiction in receiving an Appeal from William Wilson Rector elect of Lincoln-colledge in Oxford against the Bishop of Lincoln and his Visitors who refused to admit him Rector of chat Colledge That the Chancellâ—ur of the Vniversity of OXFORD time out of mind had been in quiet possession of this Priviledge among others Quod Doctores Magistri Scholares omnes singuli dictae Academiae ab omni jurisdictione Dominio vel potestate quorumcunque Archiepiscoporum etiam Legatorum natorum necnon Episcoporum aliorum Ordinariorum judicum quorumcunque quoad omnes Contractiones vel quasi initos infra praedictam Vniversitatem quoad OMNIA CRIMINA vel quasi PVNITIONEM corundem exceptis prae-exceptis mahemia felonia Assisis placitis de libero tenemento quoad OMNES ACTVS SCHOLASTICOS quamdiâ— degerint in eâ—dem Vniversitate sunt exempti totalitèr liberati praedicto CANCELLARIO SUBJECTI Et quod CANCELLARIUS praedictae Vniversitatis OMNEM ET OMNIMODAM JURISDICTIONEM ECCLESIASTICAM ET SPIRITUALEM IN PRADICTOS SCHOLARES ET ALIAS PERSONAS EXERCERE LIBERE ET LICITE POSSIT ET VALEAT The reality of which pretended exemption priviledges and infringment of them by Wilson's Appeal the Queen referred to the examination and determination of the Bishops of London and Rochester Christopher Wray chief Baron of the Exchequer Sir William Cordell Master of the Rols Thomas Wilson Doctor of Law one of the Masters of Requestâ— Iohn Gibbons Doctor of Law and one of the Masters of the Chancery and Iohn Griffeth Doctor of Law or any seven six five four three or two of them but what they did or determined therein is uncertain If then the Popes Legats and the Chancellours of both Universities have exercised and time out of minde enjoyed such jurisdiction over the Universities of Oxford and Cambridge their pretence of being subject onely to the King's visitation and jurisdiction must necessarily be disclaimed being directly contrary to their own expresse claims in relation to their Chancellours My fourth position That the particular Colledges Hals and Members of the Vniversity have their particular Visitors appointed by their founders and private Statutes to whose visitation and jurisdiction they are subject not to the King's alone is such a known truth that I need not prove it having given some touches upon it * already in Lincoln-colledge and Brasennose The rather because the author of the Priviledges of the University of Oxford p. 6. makes this Argument against the Visitors present jurisdiction We have yet a
or manifest sense he utterly exempted himself from being present This his exception they took all in greas displeasure alledging that they were fully authorized for the order of the matter by the Cardinal out of whose Iurisdiction no place nor person was exempted wherefore he had done evil to cal in question their Authority so wel known to all men The next day the Delegates going to visit this Colledg Mr. Brassy the Master excusing himself made the same exception to them then he had before To which the Bishop of Chester with a frowning look and angry counâ—enance said He needed not to repeat the things he had protested before nor they to make answer any more to those things wherein they had sufficiently informed him before He rather feared that their quarrel was not good that they made such a do about it and sâ—ught such starting â—olâ—â— For so were diseased persons oft times wont to do wheâ— for the pain and grief they are not able to abide a stronger medicine As though that any ever were able to grant so strong a priviledg as to withstand the Popes authority As for the Popes Letters they must needs make on his side and those that were with him and could not in any wise be alledged against him Therefore he admonished him to desist from his â—nprofitable altercation and to conform himself and his to such things as were then in doing Whereupon the Master and Schollers submitted to their Visitation and were at sworn and examined to such interrogaâ—â—ries as were propounded them but some of them swore conditionally so as their faith formerly given to the Colledg were not impeached thereby Which submission and president in print in case of the Pope and his Legates Visitors should induce all these Oxonians whom it concerns in like manner to submit to both Houses Visitors having express power by Ordinance and Commission to visit all Colledges c. notwithstanding these objected Oaths and Statutes Having as I conceive satisfactorily answered all Objections against the Jurisdiction and Power of the Oxford Visitors I shal briefly answer some allegations against their persons and proceedings Their exceptions to all their persons in general and * that with wonder and just scorn is That they are their fellow-subjects When as for almost 800 years before they have been the care and striâ—e of Princes King Alured himself visits An. 806. Edw. â— Rich. 2. descided Controversies in the Vniversity The late Visitations performed by Commissioners were by the chief Nobility of the Kingdom And his Maiesty that now is visited Christ Church personally with 8 Lordâ— of the Councel To others of them in particular That they 〈◊〉 their own members who having sworn the observation of their Statutes Liberties and Customs cannot appear as Iudges over them without a violation of their Oaths nor yet without a manifest opposition of Nature where * part Iudg the whole and the Laws of Iustice too especially if they consider the Interests and Engagements may often professions of the most active instruments of this work To the fifth I answer First that if these Objections were of moment they might all be made against all proceedings of Justices of Assâ—â— Justices of Peace and Juries at Assiâ—es and Sessions yea against Magna Chartâ— and the fundamental Laws of the Realm which enact That no man shal be condemned or proceeded against but by the Lawfull Iudgment of his PEERS not of Kings and Nobles of his Superiorâ— And against all proceedings in the University it self either in Congregation Convocation or the Vice-Chancellors Court where Schollars and others are judged and ordered by fellow-subjects and the whole University by some particular Members of it without any guilt of perjury or violence offered either to nature or common justice 2. I answer that though the Visitors nominated by the Houses are but their fellow-subjects and neither Kings nor Nobles yet many of them are persons of quality and reputation meet for such an imployment Two of them are dignified with the honorable order of Knighthood by the King himself * and one of them formerly in visiting as Vicar General to the late Arch-Bishop of Canterbury Chancellor of the University of Oxford who thought him worthy to visit the whole Province of Canterbury and therefore fit and meet to visit the Vniversity Others of them are Esquiâ—es by birth place or profession others dignified with the highest Titles the Vniversitie could bestow upon them where they have been ancient Governors and the meanest of them are sufficiently eminent both for piety and learning Therefore not to be slighted with wonder and just scorn especially by their equals or inferiors in all respects as most in the University are 3. That King Alured himself visited the Vniversity in person or any other of our Kings after him it is untrue as for King Charles and his Nobles visiting of Christ Church personally otherwise then by resorting to it to behold a Play or Pastorall heretofore or to lodg in it in these times of War I never heard of it til now That King Alured Edward the 1 Richard the 2 yea Henry the 4 and King Charles too did themselves decide Controversies between the University and others about their Priviledges and concerning the Arch-Bishops Metropoliticall Right to visit them is true the distempers of the University requiring it who would rest satisfied with no meaner parties decision yet noâ— her of them visited it in Person or by Commission Thirdly in the Visitation of the Universities by the Kings Commissions the Visitors named were not all Princes and Nobles as is suggested There are but two such Commissions extant on record the one in 2 Ed. 6. pars 3. in Dorso for visiting the University of Cambridg wherein Sir William Paget Contributor of the Kings houshold Thomas Smith the Kings Secretary Iohn Cheek the Kings Tutorâ—William Mayor Doctor of Law one of the Master of Requests and Dean of Pauls and Thomas Wâ—â—die the Kings Physitian or any 7. 6. 5. 4. 3. 2. or one of them were the sole Visitors not one of them a Peer much less of the chief Nobility The other in 3 Edward 6. pars 2. for visiting the University of Oxford wherein Iohn Earle of Warwick high Chamberlain Henry Bishop of Lincoln and Richard Bishop of Rochester William Paget Controulor of the houshold William Peter Knight the Kings Secretary Richard Fox the Kings Almoner and Tutor Simon Heynes Dean of Exâ—ter Christopher Nevense Doctor of Law and Richard Morison Esquire or any 7. 6. 5. 4. 3. 2. or one of them were nominated Visitors the meanest of them only doing the work without any exceptions to their inferior quality What Delegates Cardinal â—â—ole appointed to visit both Vniversities you have heard already and that our Arch-Bishops and Bishops have usually appointed as mean persons as any nominated by the Parliament to visit their Pâ—oviâ—ces and Diocesses is wel known to all In fine the Visitors now appointed
impedientes resistentes Quod toâ—iens omnes Franchesâ—â—e libâ—rtaâ—es ac omnia privilegia ejusdem Universitatis in manuâ— Domini Regis vel haeredum suorum seisiantur in eisdem manibus ipsorum Domini Regis vel haeredum suorum remansura quo usque praedictus Archiepiscopus vel Successores sui pacificam visitationem ac jurisdictionem in forma praedicta in dicta Universitate habuerit vel habuerint etiam totiens Cancellarius Commissarius Procuratores ejusdem Universitatis quo pro tempore fuerint eorum Successores ac Universitas praedicta solvant teneantur solvere ipso Domino nostro Regi Henrico haeredibus suis mille libras legalis monetae Angliae Quae quidem cedula visa ac cum matura diligenti deliberatione examinata intellecta dictus Dominus Rex in pleno Parliamento asseruit declaravit omnia singula in eadem schedula contenta per ipsum secundum quod in eadem continetur facta arbitrata ordinata considerata decreta adjudicata in omnibus esse exâ—itisse sic de assensu Dominorum Spiritualium Temporalium necnon Communitatis in eodem Parliamento existentium qui super eisdem pleniorem deliberationem similiter habuerunt eisdem decreto judicio plenariè consenserunt agreaverunt eandem cedulam omnia singula in eadem contenta concessit approbavit ratificavit confirmavit Quodque eadem schedula in Rotulo parliamenti secundum formam effectum ejusdem irrotularetur inactaretur ac etiam quod eadem schedula omnia in ea contenta sunt tanti et talis valoris effectus et authoritatis et eosdem valorem effectum et authoritatem habeant et teneant ac si in praesenti Parliamento ac per auctoritatem ejusdem Parliamenti facta extiâ—issent Et puis apres sur diverses matieres moeney par entre le dit Erceveâ—que et Lercevesque Deverwyke sur certaines privileges pretenses par le dit Ercevesque Deverwike pour le College appellee Queen-hall en la Vniversity Oxenford le dit Erchevesque de Canterbiis en presence du Roy et des Signeurs en le dit Parlement provist que se le dit Erchevesque Deverwyck purroit sufficientment monstrer ascum privilege â—u especialtee de recorde perount le dit Erâ—evesque de Canterbiis ne deust user ne exercer sâ— visitation du dit College il se vorroit eut abstinier Sauvant a Luj touteffois la visitation de les Escoliers demourantez en le dit College solone les juggementx decrees faictz donnez par le dit Roy Richard par nostre Signeur le Roy Henry prest come en le recorde eut fuit plus ple nement est declarez This Act is likewise recorded even by Robert Hare himself in his Collectio Libertatum Privilegiorum Vniversitatis Oxon. Lo here a full and punctuall resolution of two successive Kings Richard the second and Henry the fourth and of the Lords and Commons in Parliament against the present pretended Priviledge and Plea of the University of Oxford and their Delegates which subverts all the grounds of their feigned exemption from all other Visitors but the King either by foundation prescription or papall Buls and Grants This Archbishop Arundel not onely visited the University of Oxford but likewise held a Provinciall Councell therein Anno Dom. 1408. in which he made a constitution concerning the Heads and Wardens of the University thus entituled Gardiani principales Praepositi Universitatis Oxoniensis semel in singulis mensibus inquirant de moribus Doctrina suorum Scholarium and that under pain of deprivation in case of wilfull neglect which Constitution is recorded at large by Iohannis de Aton Constitutiones Legit fol. 154. Yea * Phillip Repingdon Bishop of Lincoln sent forth his Citations for a visitation to the University of Oxford as their Diocaesan intended to be held by him in St Maries Church in Oxford dated apud Leicest 12. Feb. Anno Dom. 1415. being the first yeer of Henry the fift his reign to which the University as to some particulars readily submitted as is evident by their answer to him viz. That they intended to make PERSONAL APPEARANCE to his Summons at the time and place appointed Recepturi quae ad Officium inquisitionis haereticae pravitatis duntaxat pertinere noscumtur Sub hac tamen protestatione quod per illam personalent comparitionem non intendimus in vos consentire SVPER QVIBVSCVNQVE ARTICVLIS haereticae pravitatis duntaxat exceptis c. Datum apud Oxon. 4â— mensis Martii Anno Dom. 1413. A cleer evidence that by the repeal of the Popes Buls of exemption in Parliament 13. H. 4. not onely the Archbishops of Canterbury but likewise the Bishops of Lincoln's jurisdiction over and visitation of the University of Oxford as their Diocesan was revived and submitted to at least in cases of Heresie And in this very yeer 1413. this Archb. Arundel made certain Statutes for the government of the Universities of Oxford and Cambridge as Antiqu. Eccles. Brit. relates p. 309. the greatest badge of his jurisdiction over them Anno Dom. 1417. Henry Chirbley Archbishop of Canterbury upon the frequent and grievous complaints of divers in both Vniversities made a Constitution and Ordinance in full convocation to endure for ten yeers touching the promotion of Graduates in the Vniversities of Oxford and Cambridge enrolled in his Register fol. 13 14. Iohn Morton Archbishop of Canterbury in the yeer of our Lord 1490. visited divers Diocesses within his Province and among others the Diocesse of Lincoln wherein the Vniversity of Oxford then was Antiq. Eccles. Brit. p. 342 343. in which visitation it is probable he visited the Vniversity as part of that Diocesse though I find no expresse mention of it Anno Dom. 1557. Reginald Poole Archbishop of Canterbury visited the Vniversities of Oxford and Cambridge by his Delegates the History where of its recorded at large in Master Fox his Acts and Monuments Vol. 3. Edit. 1640. p. 762. to 780. and epitomized in Antiqu. Eccles. Brit. p. 422. which Visitation some say he kept onely as Popes Legat not in his Metropolitical right though I conceive he visited in both those capacities altering and reforming the Statutes of both Vniversities and making new ones of his own for them to observe yet extant among their Records An. 19. of Queen Elizabeths reign Edmund Grindall Archbishop of Canterbury and his Commissary received an Appeal from William Wylson elected Rector of Lincoln-colledge in Oxford whom the Bishop of Lincoln and his Delegates Visitors of that Colledge refused to admit and thereupon granted an Inhibition to the Bishop and his Visitors and summoned them to appear before him to determine this election as appears by the Queens Commission to examine this businesse dated 23. Apr. 19. Eliz. endorsed