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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

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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 ●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 ●mussim atque normam reducendas commisit Hi c●●m in collegi●s omnia perturbassent novisque duris legibus multorum juvenum praeclar●s indoles a studiis prorsus alienassent ne quid crudelitatis omitterent mort●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 se●● same Plea and suggestion against Archbishop Grinda●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 Chancell●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 quamdi● degerint in e●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 Request● 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
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 R●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 dors● 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 Couns●● 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 ● 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 Charl● himself and his Counsel resolved upon f●l