and several others were Expelled as had been done in New-College And the Society of Magdalen College were so averse from the Roman Catholic Religion that not only they got neither Altar or Holy Vestments but none of the Fellows came to Mass and the very Clerks and Choristers would not perform their Offices so that the Visitors were forced to have all Holy Offices performed by their own Priests Ibid. fol. 13. b. they punished the Juniors that refused Punishments inflicted by the Visitors either with striking them out of Commons or Scourging them and one Aldworth Bachellor of Art for Contumelious Usage of Priests and coming in unseasonably to the Mass of the Exequies of King Henry the Sixth was Commanded that every Day he should be at Mass and kneeling at the South Pillar in the middle of the Church should perform his Prayers to the Example of others The same Commissioners found the President of Corpus Christi College Robert Morwent and the Senior Fellow Henry Walsh very observant Id. fol. 276. a. who brought to light the Holy Vestments Cushions Silver Vessels Candlestics and other Ornaments which they had hid in King Edward the Sixth's time and excepting John Juel after Bishop I find none left that College but from the other two besides the Fellows Ejected in Edward the Sixth's time about Eighteen or Twenty this Year and the next were removed §. 2. Cardinal Pools Visitation Anno 1556. Id. fol. 278. b. 3 4 Ph. Mar. Cardinal Pool appointed and entire Visitation of the University of Oxford and the Visitors were James Brooks Bishop of Gloucester Nicholas Ormanet of Padua in good esteem with Julius the Third Pix M. M. n. 22. and Dator to him or Marcellus the Second Henry Cole Doctor of Laws Provost of Eaton Robert Morwent Doctor in Divinity President of Corpus Christi College and Walter Wright Arch Deacon of Oxford These proceeded upon Thirty Two Questions Two Questions proposed by the Visitors First whether their Statutes were observed two of which were the most Material First Whether the Foundations Statutes and Laudable Customs of the University and of every College and Hall were observed by all and singular that were concerned and if it were answered Negatively they were required specially to express which were not observed and for what cause The Second was Second whether after the Reformation any things were used contrary to the Canons c. whether in the time of the Schism any thing was appointed or brought into use which was against the Ancient Canons or Ancient Foundations Statutes Privileges and Customs and to this if they Answered Affirmatively they were to express particularly what they were and for what cause §. 3. The Cardinal appoints Statutes The Visitors following the Example of those that Visited in King Edward the Sixths Reign purged out of all public Libraries all Books which maintained the Protestant Doctrin and those in private Libraries they burnt and either Punished or Expelled the Possessors In E. p. 38. They certified the Cardinal especially of the Defects of the University Statutes and he being Chancellor instead of Mason that laid down the Office sent a Book of Statutes to Mr. Raynolds the Vice-Chancellor and Commanded him that they might be in force till there being joyned with him some in every Faculty they might determin which were to be Antiquated and which to be retained which being so Revised had the Sanction of the Chancellor and Convocation which being strict against the Reformed drove many from the University Our Author Notes that the Lectures were less frequent in this Queens time as well as in King Edward the Sixths and fewer received Degrees which may be Imputed to the Changes made in Religion in their short Reigns but he saith the great care of the Magistrates of the Universities in this Queens Reign was to recover the profits of the Societies and to Repair their Buildings and the Schools In this Third and Fourth Year of King Philip and Queen Mary Cui Papa commisit Visitationem Reformationem Studiorum Generalium Cardinal Pool Visited the University of Cambridge as he was Legate to whom the Pope Committed the Visitation and Reformation of the Universities called General Studies This Visitation the Cardinal performed by Delegates and I find one Robert Brassy Master of Kings College urged that his House was wholly referved to the Discretion of the Bishop of Lincoln not only by the Kings Letters Patents Fox Acts and Monuments Vol. 3. p. 763.766 but also by the Grant of Confirmation of the Bishop of Rome himself under a Penalty if he should suffer any Stranger to Intermedle But the Commissioners Answered that they were fully Authorized for the Order of the matter by the Cardinal out of whose Jurisdiction no place nor person was Exempted So that tho' he persisted the next Day in his Allegation yet he and the Students submitted and were all Sworn and Examined to the Interrogatories propounded to them yet some of them Swore conditionally so as their Faith given to the College were not Impeached thereby Something like the Salvo of some Members of St. Mary Magdalen College that they would yield obedience saving the Right of Dr. Hough which was prudently denyed to be Admitted by the Lords Visitors I now pass to the Reign of Queen Elizabeth SECT III. The Visitations in Queen Elizabeths Reign §. 1. Queen Elizabeths Inhibition ANno 1559. Fol. 281. b. Queen Elizabeth intending to Visit the University of Oxford Writ to the Magistrates of the same not to Elect any heads of Houses Fellows Scholars c. forbidding them to proceed to the Election of any President Fellow or Scholar or of any Officer of the University and forbid all Alienations or Changes of Possessions and all other things to be done by the University except what was necessary for the Cultivating their Lands till the Visitation and this she did because some were so forward to begin a Restoring things to the condition they were in in King Edward the Sixth's time before her Order By which the Queens Authority and Circumspection are clearly discovered §. 2. Queen Elizabeth appoints Visitors After some few Months she appointed her Visitors Wood lib. 1. fol. 282. viz. Richard Cox Bishop of Ely John Williams Baron of Thame but he Died in October John Mason Kt. sometimes Fellow of All-Souls and several Years after Chancellor Thomas Benger Kt. William Kingsmyll Esq John Warner Custos of All-Souls College Walter Wright Doctor of Laws Arch-Deacon of Oxford John Watson Master of Arts Chancellor of St. Pauls London Robert Benger Esq c. to whom she Commands they should Act with all Humanity and abstain from all Roughness These Visitors coming to Oxford cast out of the Chappels of the Colleges and Parish Churches all things that related to Superstitious Worship as it was Styled that is the use of the Roman Worship recalled those that were banished or put out
Bishop Writes another Letter to the President Informing him of the Receipt of the Secretaries Letter and adds I continue in my former Opinion towards them to wit that I would be loth that they should be Expelled if by any means the Statutes may relieve them and therefore I require you Mr. President and the Fellows that you choose none now at the next Election into their Rooms Here Obedience is payed to the Secretaries Letter of advice but that their places may stand in the same Terms as they are till I may hear what by you and them may further be spoken and considered by the Statutes to the end the Statutes may be truly observed and in the mean season no Men be of that Calling wronged I have willed them to absent themselves from the next Election for good consideration and my hopes is that none of that Society will move any troubles in or about the Election for any matter now hanging in doubt and not decided for that will breed slander to the Calling and danger to themselves so he orders the President and others to attend him the First of August about the Controversie Dated at Losely the same day and Year with the former I have not found among these Papers what was the Issue of this great Controversie but from what doth appear make these following remarks §. 8. The first observable from these short Statutes Upon the whole matter we may observe First That these strict and Indispensable Statutes in former times as well as now and in all times to come have and will Create great troubles in this College unless there be in the Sovereign a Visitatorial as well as Dispensing Power to Terminate endless Quarrels when as in this Case both Parties shall insist upon Grammatical and Literal sense of the Statutes and tho' the Bishop of Winchestr hath a power of Interpretation yet he is so tyed up to the Literal and Grammatical sense that he must unavoidably be put some times to great streights to determin matters ☞ Secondly However Rigidly the Statutes seem to be worded yet none can Judge that the Kings Dispensing Power can be restrained since neither the Founder could so bind either his Sovereign or the Pope nor could any of those bind their Successors by any Charter or Grant from such inhaerent Prerogatives annexed to their very Offices as I shall make clear when I come to consider the Arguments used concerning the force of these Statutes ☞ Therefore Thirdly I rather Judge that the Founder as Entaylers of Estates upon their Posterity to preserve nodosam Aeternitatem often do had a great desire that his Statutes should be perpetually observed but he could not be supposed to have such an over weening Opinion of his own prudence but that some Cases might happen whereby the Kings of England might Judge it convenient to alter them so that I Reasonably think the utmost of his design and hopes might be that the Society it self should not have the power of altering them but to Exclude the Sovereign by their Prerogative or Acts of Parliament to Suspend alter or Abrogate them was as much beyond his power to enjoyn as it was vanity in him to presume would thereby be effected Fourthly In the Secretaries Letter we may observe that he threatens the Queens Authority if the Bishop of Winchester their Visitor would not do the Fellows Justice and in the Bishops Letter to the President he Suspends all those on both parties from giving their Voices in the next Election which must be a force upon the Statutes for Election if the Bishop could not Interpret their Statutes but in the Literal and Grammatical sense for it is very probable it might be known by a Literal and Grammatical sense whether they were Fellows or not and if they were Fellows the President was as much bound by Oath to Admit their Voices as they obliged to give them and if the persons excepted against were no Fellows then the Five were unlawfully Expelled and so ought to have had Voices so that whether way soever the matter were determined I cannot conceive the Statutes or Interpretation was Literally and Grammatically observed which is the great plea of the Magdalen Fellows §. 9. The Case of Mr. Wilson I shall now shew that in the Controversie about the matter of the Head of a single College the Queen appointed Commissioners in a summary way to determin it Anno 1577. 19 Regni The Case was this A Controversie arising betwixt William Wilson Bachellor of Divinity In the Paper Office Bundel Anno 1577. 19 Eliz. and Thomas Bishop of Lincoln for that the Bishop refused to Admit him as chosen Rector of Lincoln College in Oxford the said Wilson Appealed to Edmund Grindal Arch-Bishop of Canterbury whose Official Dr. Bartholomew Clerk Admonished and Commanded the Bishop to Admit him and that the Bishops Commissioners should not under the pain of contempt do any thing to the prejudice of the said Wilson and the Arch-Bishop committed the determining the matter to certain Commissioners And Thomas Underhil Proctor of the University protested against the Commissioners of the Arch Bishop as not competent Judges and that the Examination of the matter belonged to the Chancellor of the University Upon all which The Queen takes the Cause out of all their hands and Grants a Commission to the Bishop of London and Rochester Sir Christopher Wray Knight Chief Baron of the Exchequer Sir William Cordel Knight Master of the Rolls Thomas Wilson John Gibson and John Griffith Doctors of Law upon the Petition of Robert Earl of Leycester Chancellor the Doctors Masters and Scholars of the University of her certain knowledge and sole motion and of the plenitude of her power Commanding them Eight Seven Six Four Three or Two of them calling the Reverend Bishop of Lincoln and William Wilson in person and all others by Law to be called in General Summarily and in plain Form without noise and Form of Tryals only seeing to the truth of the thing and the Fact Summarie in plano sinc strepitu forma Judicii and attending solely the aequity by all Manners and Forms by which they can better and more efficaciously proceed in and upon the Truth of the Premisses according to the Privileges and Exemptions of the said University and in the Cause or Causes aforesaid with their Incidents Emerging Depending Annexed or Connexed whatsoever and to determin it with a due end removing all Appeals and Complaints Nullity and Petition whatsoever and notwithstanding any Statutes Canons and Customs on the contrary published or the Law Suit depending causing all that in the premisses they shall Ordain to be firmly observed by Lawful remedies of the Law. Dated the 23d of April the 19th of her Reign 1557. By this it is apparent that the Kings of England may Suspend the power of the Arch Bishop and of the Chancellor and Local Visitor and by Commission appoint others in a Summary way not according
the late Noble Chancellor The Relation of the grounds of the Petition touching the validity of one of our Statutes viz. de Morâ Sociorum in Collegio upon which a Letter for the Suspending of it was granted by his Majesty we now the present Master and a greater part of the Fellows of the said College finding many inconveniences which do and may ensue upon it contrary to his Majesties Royal intendment and desire of our relief and advancement by it in that Suspension graciously declared and signified become humble Petitioners to your Lordship as being the Noble Ornament of our College and most honorable Chancellor of the University that you would vouchsafe to take it into your serious consideration and move his Majesty for the Revocation of the said Suspension in regard of these Reasons which we presume to tender to your Honor. 1. The main ground the former Petitioners went upon Nine Reasons for this Petition was a persuasion that either this was no Statute or not of like validity with the rest which upon full proof after long debating being by the Heads of Colleges Confessed to be otherwise they did surcease their suit and some of them became Petitioners that the said Statute might be re-established 2. The Master by his Oath which he took at his Admission is bound both to keep all the Statutes inviolably himself as also to see the same done by others which the Suspension forbiddeth him in this Statute de Morâ Sociorum c. 3. The Fellows by their Oath at their Admission are debarred from accepting any dispensation either against any of the Founders Statutes or against that their Oath and thereby seem to be disabled from taking any benefit of this Suspension expresly containing a dispensation with the said Oath 4. None of the Fellows to our knowledge was ever yet by vertue of the said Statute turned out of his Fellowship unprovided excepting one only of the present Petitioners who notwithstanding before he left the College was provided of a good Parsonage from whence he was since chosen Master of the said College 5. Since the Suspension six of the Fellows before their time granted by Statute was expired have been called to good Benefices with Pastoral charge four of which were the Petitioners for the qualification of the said Statute 6. We conceive just grounds of fear partly by what we have heard partly for other sufficient reasons that the said Suspension hath already been and may prove hereafter a discouragement to those who otherwise would be Benefactors to our College 7. The Fellowships being but few in this College if they be enlarged to perpetuity younger Scholars will be dis-couraged in their Studies seeing small hope of preferment for them be forced to leave the University before they be well fitted for a Pastoral charge 8. Whereas our Honorable Founder Erected this College for a Nursery to the Church of England and expresseth this to have been his meaning that those who were brought up in it should upon a fair Call be transplanted hence after they were fitted for the Ministry the aforesaid liberty of longer continuance will in likelihood make some unwilling to take on them a Pastoral charge being offered whereby the Founders Pious intent shall be crossed the Church deprived of the labors of such and they shall not only remain unprofitable in the College but also may in short time draw to themselves the Chief Government of the same the Master having no Negative voice to hinder it as all other Masters of Colleges have 9. The Statute standing in it's former force would have prevented no small disturbances of the peace of the College which have lately hapened For all which Reasons we continue our former suit and rest your Lorships humble Petitioners William Sandcroft Anth. Tuckney Thomas Hill. William Bridge Samuel Bowles David Ensing Anth. Burges §. 14. Observations upon this Petion Upon this Petition King Charles the First in the beginning of his Reign referred the matter to the Vice-Chancellor and some Heads of Colleges as I am informed upon whose report the King saw no reason to take off his dispensation altho' the Grandson of the Founder promised to add more Spiritual Benefices to the Revenue of the College whereby the Fellows might be better provided for Here first we may note that one part of the Oath which the Fellows take being in these words Nullam dispensationem contra Statuta fundatoris impetrabo nec impetrari curabo nec Impetratam acceptabo viz. that they will neither obtain any dispensation contrary to the Statutes of the Founder nor will endeavor that any other should obtain them or will accept of any such being obtained so that the Fellows of this College were under the like obligation as these of St. Mary Magdalen College were Yet Secondly they all own the Kings power in dispensing with this Statute and only by way of Petition shew their Reasons why the King should be desired to revoke it but we hear of no persisting in the matter so as to cause the King to exercise his Supreme Authority to enforce their obedience but pay a ready obedience and that dispensation is in force to this day Thirdly It is to be noted that this dispensation was granted and yielded to in a time when there were no public animosities or that any Factious Combinations in the State Caballed against the Crown but all was Calm it being in the Halcyon Days of King Charles the First and the Prerogative of the Crown was not disputed Therefore we ought to allow this as a most Authentic Precedent of the Kings dispensing power not for one or more single persons but with an entire Statute which concerned the Succession of several persons in that and in succeeding Ages Fourthly As to the persons that Petition Dr. Sandcroft was then Master and Unkle to the present Arch-Bishop of Canterbury Dr. Tuckney was in the time of the long Parliaments Usurpation Master of St. Johns College in Cambridge and Dr. Hill Master of Trinity College Dr. Bridge and Dr. Burges were great Preachers and Daemagogs of that Parliament §. 15. Dr. Brady's Account of the Kings Nominating the Provost of Kings College in Cambridge I shall now close this with an Account which the Learned Dr. Brady Regius Physic Professor in Cambridge hath given me at my desire when he was at the last Commencement That in Kings College in Cambridge they have a Statute that directs them to choose a Provost in such Form and with such Qualifications as are appointed in the Statute and by Oath are bound not to accept of any Dispensation to the contrary yet from the very Foundation by King H. 6. the Provost was ever named by the King to be chosen by the Fellows and it hath been so constantly observed The Fellows as the present Provost informs put up a Petition to King James the First that he would be Graciously pleased to leave them to their free choice But his Answer was that the Statute was Abrogated by the very practice of the Founder who Named two Provosts Successively in his Life time and by the constant practice of Succeeding Kings and that he was their Founder for that the King never Dyes and he would not part with his Right of Nomination but in other things would leave them to the free use of their Statutes Thus far the Doctors Letter I might add many other Modern Instances of the entire obedience payed to the Kings Mandates by Masters and Fellows of Colleges and the unquestionableness of the Kings dispensing with Statutes in both Universities and particularly in St. Mary Magdalen College in the Reign of King Charles the Second but understanding that a Member of that College hath Writ a Tract on that Subject I shall here Conclude FINIS
Magistros item Baccalaureos Liberalium Artium Philosophiae nec non Poetas Laureatos Creare Promovere Ordinare Constituere facere Selden Tit. Ho. ca. 1. sect 2. fol. 398. granted by Patent to George Obrichtus and his Son Thomas both Professors of Law at Strasburgh the Father being Primar Professor there that they should be successively Counts of the Holy Lateran Palace and of the Caesarian hall and Imperial Consistory and that they have Authority to create promote ordain and constitute and make Doctors Licentiates and Bachelors in both the Laws Masters and Bachelors of the Liberal Arts and Philosophy and likewise Poets Laureats with all and singular Privileges Prerogatives Exemptions Honors Preeminences Favors Indulgences and Graces whatsoever the like Graduates in Vienna Paris c. enjoy c. Dated at Prague the 19th of November 36 Regni 1610. Maximilian the Second Emperor (c) Tho. Sagittarius ad Thes 13. by his Letters Patents Dated at Prague the 9th of May 1575. created Henry Julius the first Rector of the University of Helmestadt and his Successors to be chosen into the said Office and Dignity and into the Titles of Counts Palatines and made him the first Rector So Rodulphus the Second Grants (d) Idem ad Thes 22. to Nicholas Reusnerus Power of making Doctors as well in Divinity as in Law Physick and Philosophy and sometimes the Clause is added (e) Adhibit is in cujus libit Doctoris creatione Doctoribus eximiis de professione creandi ad minus tribus qui Doctorandum examini subiiciant that such Counts Palatines shall call to them at least three Eminent Doctors of the Faculty that the Doctor to be Created Professeth who shall examin him that is to be Created Doctor By all which it appears that the Sovereign Impowers persons to confer the University Degrees SECT II. From whom the Vniversity of Oxford hath had all its Privileges §. 1. The Kings of England sole Donors of the Privileges during the Saxons times HAving dispatched what I thought fit to clear the point that the Kings of England have the sole prerogative in their Dominions to make all sorts of Corporations I now proceed to produce such Testimonies as I have found that the University of Oxford pimarily owe all their privileges quâ an University to the King solely as the Donor or allower of them King Alfred Reigned according to our best Historians 800 Years fince and is owned by all to be the great Restorer of the University of Oxford In the the MSS life of St. Neotus commonly called St. Needes as Cited by (a) Antiq. Glaston Malmsbury (b) Tom. 3. p. 11. Leland and others Alfred is said to have Founded public Schools for Arts and Sciences and Lodgings for the Students and replenished them with the Young Nobility And John (c) Lib. de Regibus Ross of Warwick tells us that he Founded one for Grammar one for Arts and a third for Divinity ☞ It is likewise Recorded (d) Gul. Malmsb. de Antiq. Mo. Glaston MSS Ranulph Hygden lib. 2. of him that he delivered to the University Laws and wholesome Statutes for their Government and adorned them with privileges which he confirmed by his Royal Charter and obtained from Pope Martin the Second about the Year 883. that they should be confirmed according as (a) Lib. vita Neoti To. 4. Balaeus Cent. 2. No. 23. St. Neotus had before requested from the Pope He was so great a Benefactor that it is Recorded (b) Wood Antiq. Oxon. fol. 13. of him that he gave an Eighth part of his Revenues to maintain Scholars and the Lectures in the Schools To pass by many Saxon Kings whose favors to this University are recited by (c) Id. a fol. 2. ad 42. Mr. Wood in his Elaborate History of the University of Oxford It is recorded (d) Scholas publicas per urbes oppidaque Regni constitutas e Fisco Regio Stipendiis posuerit Hist Aurea par 2. lib. 22. c. 28. MSS. of Canutus Successor to King Edmund that he placed public Schools in the Cities and Borroughs of the Kingdom appointing Stipends for them out of his Treasury Altho' Harold the First took away from the (e) Leland To. 4. p. 199. Schools the Stipends and the Lands from the University about 1036. yet Edward the Confessor about 1042. restored again the Goods of the Religious and of the Professors of Ingenuous Arts by Edict (f) Gul. Lambard in Archainomia Edit 1568. fol. 126. b. in whose soever Possession they were So that here is both an Example of a Kings seizing all the Revenues and consequently the liberties and anothers restoring them to the University §. 2. King Henry the First Anno 1130. Built his Palace at Bellamont and kept his Easter there (g) Privilegia tam varia Vniversitati simul urbique Indulsisse creditur Heuricus quae deperdita quamvis olim funt in Successirum tamen ejus Chartis aliquando memorantur Wood Antiq. Oxon. fol. 49. My Author saith he is believed to have granted several privileges to the University and City of Oxford which tho' they be long since lost yet they are remembred in his Successors Charters Anno 1134. Mr. Robert Pulleyn (a) Leland To. 4. pa. 140. flourished in that University he was made Cardinal of St. Eusebius by Pope Caelestine the Second and by Lucius the Seventh was Chancellor and was saith my Author in so great esteem with the King and the Pope The Pope confirms the privileges granted by former Kings that he obtained Bulls and Grants both for Defending the Universities privileges and the Administring the University it self ☞ Anno 1229. 13 H. 3. There happening a great Sedition betwixt the University and Citizens of Paris so that the Schollars shut up their Schools and some withdrew themselves to Anjou others to Rhemes and Orleance (b) Vnde Vestrae duximus Vniversitati significandum quod si vobis placet ad Regnum nostrum Angliae vos transferre in ea causa Studii moram facere Civitates Burgos vel Villas quascunque velitis Elegere vobis ad hoc assignabimus omni modâ sicut decet libertate tranquilitate qua deo placeri vobis plene sufficere debeat vos gaudere faciamus Rol. Pat. 13. H. 3. m. b. King Henry the third by his Letters Patents Dated at Reading the 14th of July 1229. Invited them to come into England to Study and chuse what Cities Burroughs or Villages they pleas'd which the King would assign to them and cause them to enjoy all fitting Liberty and Tranquility which to the pleasure of God might be sufficient for them by which the Kings power of Founding new Universities is manifest Anno 1242. 26 H. 3. The King being to go to Gascoign having a care of the University of Oxford (c) Potestatem datis ad eosdem literis fecit Querimonias clericorum accipiendi quod ex usu
maxime Vniversitati esset Statuendi Pat 26 H. 3. m. 5. gave Power by his Letters Patents to Gualter Arch-Bishop of York William de Cantilupe and William de Eboraco to receive complaints of the Clerks in the University and to appoint what might be most of use to the University This Arch-Bishop of York was Walter Grey who was such a Benefactor to the University that a Yearly Mass with Placebo and Dirige was appointed for him on St. Martins Day at which all the Regents were to be present From this Record we may learn that notwithstanding any Power the Arch-Bishop of Canterbury or the Bishop of Lincoln might by the Canons claim to Govern the University yet the King by his Prerogative appoints special Guardians for them in his absence §. 3. King Henry the 3d. grants privileges during his pleasure Anno 1244. 28 H. 3. The King Grants for the quiet of the Students of the University of Oxford of his special Grace to the Chancellor and University that during his pleasure they should enjoy several privileges in the causes of the Clerks to hold Pleas in all moveable contracts notwithstanding his prohibition which was that Secular Judges should have no Cognizance of Spiritual matters or on the contrary Dated at Reading the 10th of May 28 Regni By this it appears Nata bene that if such privileges were granted of the Kings special Grace and only during his pleasure how much more must it be judged requisite that Statutes which were to Govern Elections c. should be at the Kings Liberty to continue them or suspend them at his pleasure but of this I shall treat more fully afterwards This very Charter now mentioned is Judged by some to be the Basis and Foundation of the Bull of Boniface the Eighth obtained a few Years after from him ☞ Here once for all the Learned Reader is to observe that as the Kings of England Granted to the University several Secular privileges so the Popes granted them other Religious privileges by vertue of their place Dignity and Right Invested in them by the Canons according to what may be found in the (a) Hanc in super Vniversitatem Romanarum Pontificum Diaecesanorum privilegiia multi modis adornatam sic celsitudo Regis sublimavit A. fol. 8. a. B. fol. 1. b. C. fol. 1. b. History inserted into the old Book of Statutes appertaining to the Chancellor and Proctors of Oxford which runs thus The Kings Highness Exalted this University being adorned with many privileges of the Roman Bishops and of the Diaecesans However tho' the Popes and the Diaecesans granted the University several privileges yet I shall shew hereafter how the Kings of England have exercised a Sovereign power in all Affairs of the University rescinding dispensing with or confirming Statutes at their pleasure ☞ Anno 1249. (b) Claus 42. H. 3. M. 9. Wood Antiq. Ox. fol. 95. lib. 1. Upon the 29th of May 32 H. 3. The King being at Woodstock granted to the Scholars of the University several privileges there recited and by his Letters Commanded the Sheriff Mayor and Bayliffs of Oxford immediately to observe and cause to be observed the said liberties which he caused to be Enrolled the 33d of his Reign and it is observable in this Grant that Ralph Fitz-Nicholas Steward to the King by the Kings Command set his Seal as Witness to this Grant of the King a practice long since laid aside the Kings Teste me ipso being now sufficient §. 4. Anno 1275. King Edward (c) Pat. 3 R. 1. M. 6. the first granted to the University many rights and privileges which it would be tedious to recite they may be seen in the Patent and close Rolls 3 E. 1. M. 18. King Edward (d) Ro. Pat. 8 E 2. part 2â— M. 24. the Second Anno 1315. Granted to the University several privileges confirming to them the Grants made Anno 1244. 29 H. 3. and Anno 1255. 39 H. 3. and 1261. 46 H. 3. ☞ Anno 1317. 11 Ed. 2. The King (a) Rot. Rom. 11 E 2. M. 10. writes to the Pope that whereas Boniface the Eighth had granted to the Universities of France that Grace (b) Vtomnes qui Gradum Magistralis Honoris in quacunque facultate assecuti sunt consimili velitis privilegio Decorare that all who had attained the Degree of Masters in whatever Faculty might every where resume Lectures in the same and continue them at their pleasure without any new examining beginning again or craving Grace from any so he desires he will Adorn the University of Oxford with the like privileges By this it appears that the Pope couâ—d grant the privilege that whoever had attained to Degrees of Masters in this University might enjoy the like Honor in all others But none can infer from hence that the Degrees they took here were by the Popes Grant solely In the same Year we find the King writes to the Pope in behalf of the University of Cambridge desiring him Dictam Vniversitatem perpetuare privilegia quibus c. usi sunt hactenus gavisâ— cum Augmentatione novorum condendorum c. Rot. Rom. 11 E. 2. that he would perpetuate it and would augment with new privileges those which the Chancellor and Scholars of the same University and their Predecessors had hitherto used and enjoyed By which it seems some or at least some general privileges in Forreign parts were desired perhaps such as were craved for the Masters in Oxford Anno 1327. King (c) Pat. 1 E. 3. M. 8. Edward the Third in the first of his Reign by inspeximus confirmed all the privileges which had been granted to the University of Oxford by his Ancestors Kings of England particularly those which King Edward the First had granted confirming the Charter of King Henry the Third ☞ Anno 1353. 27 E. 3. the King (d) Pat. 27 E. 3. M. 5. Pat. 29 E. 3. No. 5. granted several privileges to the University but the Amplest Charter was granted by that King the 29th of his Reign wherein besides several privileges of a Secular nature the (a) Cancellarius possit per censuras Ecclesiasticas compelsere Jam ordinare non possumus variis arduis negotiis praepediti Ordinationem hujusmodi nobis specialiter reservamus Chancellor hath power to compel the Inhabitants of Oxford and the Suburbs to the observance of some of these privileges by Ecclesiastical Censures and appoints that the Sheriff of Oxford should take an Oath yearly to protect and defend the Masters and Scholars of the University and their Servants from violence and concludes that what by reason of various and tedious affairs he could not then he specially reserved for himself to order By which it appears that the power of ordering all things relating to the University was solely in the King. ☞ Anno 1375. 49 E. 3. The Chancellor Masters and Doctors of Divinity and Masters of Arts by power no doubt granted
were to receive their final determination * Idem fol. 152. a. But it seems here it was not ended for both Parties chose their Advocates who appeared at Avignion or Rome but the Pope to save Expences refers them back to have the matter determined in England The next Year Anno 1313. I find Arch-Bishop (a) Reg. Reynold fol. 32. Gualter Reynolds Writes to the University in their favor and the Year following Anno 1314. They put the matter to Arbitration (b) Compositione ad Regem ut ab eo firmaretur transmissâ Pat. 7. E. 2. part 2. M. 10. and send the Composition to be Confirmed by the King. Still it is the Royal Authority that is requisite to make any Act binding The Dominicans were an Order then in great esteem for I find that they were mostly the Kings Confessors and so Anno 1316. They obtained the Kings Letter in their favors to the Pope and Anno 1318. They obtained from the Pope a Privilege of Exemption from the Jurisdiction of the University By all these it appears The observation upon the forecited Records that the ordering of all matters appertaining to the very taking Degrees c. were settled by the Kings Assent and Confirmation of Popes I now proceed §. 10. (c) Wood fol. 160. b. Anno 1325. 19 E. 2. Gulhardus Cardinal of St. Lucy in Celice then Arch-Deacon of Oxford claimed the (d) Harpsfield Histor Eccl. Sec. 14. c. 28. Cognizance of Ecclesiastical Jurisdiction and (e) Reg. Reynold fol. 145. Henry Gower the Chancellor the Proctors c. resisted And the Pope directed his Bull to the Arch-Bishop of Canterbury to be Published by the Abbots of Osney and Rewley to Cite the Chancellor and Proctors to appear in 60 Days at Rome The Bishop of Lincolns Archdeacon of Oxford claimes Ecclesiastical Jurisdiction and the Pope cites the Chancellor and complaint being made to the King * Rot. Rom. 19. Ed. 3. The King writes to the Pope that the matter may be heard in England he Writes to the Pope to Nominate persons here to determine and compose the Controversie which was accordingly done By which it appears how Appeals were made to the Pope in such cases yet the King of England were not willing to have their Subjects grieved with chargable Appeals and Journies to Rome §. 11. Anno. 1350.24 E. 3. John (a) Wood c. fol. 172. b. The King removes a Chancellor the Bishop of Lincoln denies to Confirm the Kings Chancellor The University Appeals to the Arch-Bishop Wyllyot being unduely chosen Chancellor the Year before and removed by the King Mr. William Palmorna was chosen Chancellor and John Synwell Bishop of Lincoln delaying to Confirm him the University apply themselves to the Arch-Bishop of Canterbury Simon Islip who Commanded the Bishop to Confirm him within Seven Days after the Receipt of his Mandate or Five Days after to shew cause why he did not who not Confirming or appearing upon a second complaint the Arch-Bishop (b) Vide Mat. Parker Antiq. Brit. fol. 268. sent Commissioners to whom he gave power to Confirm the Chancellor and he deputed others (c) Regist Islip fol. 20.28 35. Contests betwixt the Arch-Bishop of Canterbury and Bishop of Lincoln about confirming the Chancellor of Oxford Judicially to determin concerning the Election and Confirmation and of the injury done by the Bishop of Lincoln Who thereupon Appealed to the Pope and for Contempt being Excommunicated by the Arch-Bishop he Appealed again and thus the Suits depended before the Pope till saith Arch-Bishop Parker (d) Vide Parker Antiq. Brit. fol. 283. the Bishop renounced his privileges and yielded to the Arch-Bishop and thus the matter stood till Willi. Wittsley Arch-Bishop of Canterbury Anno 1375.49 E. 3. obtained from Pope Vrban the Fifth that the University should be exempt from the Bishop of Lincolns Jurisdiction and that the Scholars should have free liberty to Elect their Chancellor who thereby might enter upon his Magistracy without any farther Ceremony of Admission I have Inserted this to note that when the Visitatorial power was claimed the Confirmation of the Chancellor was then required but the Election was always in the Regents and non-Regents as it is now In this particular only it varies that since Sir John Masons time Anno 1553. Excepting Cardinal Pool and the two late Arch-Bishops Laud and Shelden the Chancellors have been Noble men and commonly the respective Kings have recommended the person by a kind of Conge d'eslire of which I shall give one instance hereafter Anno 1376. 50 E. 3. Dissentions still continuing betwixt the Chancellor c. And the Civil and Common Lawyer the King (a) Pat. 50 E. 3. part 1. M. 13. Commissionated William Courtney Bishop of London Thomas Arundel Bishop of Ely Adam Howton Bishop of St. Davids Ralph Ergham Bishop of Salisbury and William Read Bishop of Cicester or four or three of them and gave them power to take cognizance and determin all matters in difference By Command (b) Id. M. 14. The matter commanded before the Parliament and determined by the Kings Commissioners likewise the Deputies or Proctors from the Doctors and Masters of Arts and the Canon and Civil Lawyers offered the State of the case to the Parliament and from thence to the Bishops who meeting in St. Pauls London (c) Wood Antiq. lib. 1. fol. 185. b. Abrogated the Statutes which occasioned the disagreements and Decreed other two Statutes in favor of the Civilians yet thus the Controversie by the obstinacy of the Parties ceased not and tho' other Commissioners were appointed yet King Edward dying his Grandson King Richard the Second suceeding those Acted nothing and fresh broyles and tumults arising the Chancellor Proctors and three Monks (a) Claus 1. R. 2. M. 4. 28. The King Suspends their privileges were cited to give an account of them and in the interim the University was Mulcted by the Suspension of their privileges but by submitting themselves to the Kings Clemency they were pardoned and a Tribute (b) Pixide P. P. N. 17. lately sot upon them was taken off In these proceedings we find the King Abrogating Statutes and appointing new ones by his Commissioners What is to be noted from hence and the privileges of the University Suspended which are sufficient presidents of the Kings power §. 12. Disturbances in Queens College and the proceedings of the Local Visitor and the King thereupon Anno 1379. 3 Ric. 2. The King having granted several Immunities to the University and settled matters betwixt the University and Dominicans he took into consideration a matter which had been three Years in Debate The case was this there having been disturbances in Queens College whether upon the Election of a Provost or upon occasion of new opinions it is not certain which there had been Suites and Appeals to Alexander Nevil Arch-Bishop of York their Local Visitor and he sent persons
c. To effect which mature knowledge honesty of life and the Doctrin of Divinity was necessarily required of which qualifications in former time the Fryers of that Order used to be examined and approved as well among themselves as in both the Universities But now he understood that some of the said Fraternity little instructed or approved in the Divine Law but Apostates notably vitious c. have gone beyond Sea and there cunningly and fraudulently begged obtained to themselves the Degrees of Masters and other Exempting Graces That when they return they might be reputed and cherished among their Fraternity with the Honor of that faculty to the dammage and hurt of the Catholic Faith to the prejudice and scandal of the King and his Realm and mostly to the disgrace of the said Order Therefore the King not willing in any manner to Tollerate the premisses so prejudicial and damageable to the English Church the King and his people and in process of time redounding in all likelyhood to the subversion of the Order enjoyns (a) Vobis omnibus singulis subforisfacturd omnium quae nobis foris facere potiritis injungimus mandamus Ide Ibid. and Commands all and every the Provincial and Priors under the forfeiture of all things which they could forfeit streightly nevertheless as much as he could prohibiting them that they in no manner admit such to the Liberty Honors and favors which the Doctors in Divinity regularly made according to the Examination aforesaid ought to have nor that they Treat any such with the Honors Favors or Liberties c. but that they have no consideration to such Impetrations Provisions or Exemptions §. 2. What is to be observed from hence ☞ What is worthy noting from hence is that altho' this Order had many privileges and Exemptions from Visitations and subjection Yet we find the King under the penalty of the forfeiture of all they could enjoyns them to obey what he commands and tho' it is not to be doubted that some of these Men might receive Degrees in some Universities who had from the Pope privileges that whoever received Degrees there should enjoy all the Liberties Honors c. which those did of our own Universities yet the King dis allows all so that by this one Instance it appears that the Kings of England allowed or dis allowed at their pleasure Immunities Exemptions privileges c. which were granted by the Popes Emperors or Forreign Kings for from such those privileges to Graduates only could be granted From which it is manifest that the King challenged a power of being Supreme Judge of what Exemptions should be allowed in his Universities and by consequence was always to be reputed the Supreme Visitor Hereby also will appear the true Reason of the Application to the King in the contests I shall presently give an account of which happened betwixt the Arch-Bishop of Canterbury and the University about his Visitation which by the Popes Bulls they were Exempted from §. 3. ☞ Anno 1395. 19 Ric. 2. The Lollards that is the favorers of Wickliffs Doctrin greatly increased sowing as the Writers of that time and others Style it Tares (a) Zizanium inter Triticum proseminantes among the Wheat choaking the Catholic Doctrin Upon which many complaints are made to the King and especially by the Bishops by which being moved he Writ to the Chancellor (b) Cl. 19 R. 2. M. 24. Commanding him as the words are utterly to Root out those wickedest (c) Ut nequissimos fidel Eversores overturners of the Faith and at the same time Writ to the Chancellor and Doctors by his Mandare enjoyning them to examin the Book of Wickliff called the Triologâ—s The Kings Mandate to extirpate what then was reputed Heresic and to send the heads of the Errors therein contained under the Seal of the University into the Chancery and it is noted forther that the Univelsity submitted it self to the King promising to stand to his Arbitrament for which purpose they sent an Instrument by their Chancellor Thomas Hindyman Thomas Merk Thomas Crawley c. to the King. By which it appears manifestly Inferences from hence that the King by his absolute power Commanded matters to be ordered in the University and that it submitted to his determination notwithstanding other Metropolitical Visitations which as such must be looked upon as done by the power of the King Ecclesiastical Laws as the most Learned of the Long Robe do maintain In the Year 1396. The 20th of Richard the Second a great contest was beowixt the Doctors of Divinity Masters of Arts and the Civil and Canon Lawyers The whole process of which may be seen in my (a) Wood Antiq. Oxon lib. 1. fol. 197. New contests betwixt Graduates and Lawyers Author the summ of which was that several Statutes were made to their prejudice and that the Chancellor pretended Bulls of Exemption from the Archiepiscopal Visitation of the University The conclusion of all which was that as King Edward the Third had Anno 1376. 50 Regni appointed Five Bishops to enquire into the matter and order it so the (b) Pat. 20 R. 2. part 3. M. 26. King the next April by his Royal Authority confirms their doom By which it still appears how the last resort was made to the King which will yet more fully be cleared by what I shall now relate as to the Visitation of Arch-Bishop Arundel under King Richard the Second and King Henry the Fourth The reason why the Author enlargeth upon the Visitations by Arch-Bishop Arundel which because they have been so much insisted upon as pregnant proofs even in King Charles the Firsts time that the Arch-Bishop of Canterbury by Right is the Visitor of the Universities I think it necessary to take notice of that I may shew the grounds upon which those Kings allowed the Arch Bishops Visitation and how it no ways prejudices the Kings Visitatorial power § 4. the Arch-Bishop Arundel Visiting by the Kings leave commands the University to obey ☞ Anno 1397. 21 Ric. 2. The Arch-Bishop of Canterbury determining to Visit for the suppressing of Heresies as then they were called and composing affairs of the University and understanding that the Chancellor and Proctors supported by the Popes Bull of Exemption intended to obstruct it He signifies this to the King. Here I hope is a craving the Kings leave and and aid what doth the King in this case He presently Writes to the Chancellor and Scholars and forbids (c) Literis praecepit ut in juris Regii detrimentum Haereticorum vero Lollardorum patrocinium Archiepiscopali sese aut Episcopali Authoritati nequaquam â—ubtraherent them that to the dammage of his Kingly Right or Patronage of Heretics and Lollards they no ways withdraw themselves from Archiepiscopal or Episcopal Jurisdiction Id. pat 21 R. 2. part 3. M. 32. or produce any Bull of the Pope to that purpose But that they
renounce the said Bull before the Kings Messenger and testifie such their Renunciation by public Instruments I know not wherein the King could discover his power more plainly than in Abrogating the very Bulls of Popes surely he that can do this may Suspend a Statute I know it will be here replyed that the King upon the Controversies betwixt the Arch-Bishop and the University about the Right of Visitation declared for the Arch-Bishop To which at present I shall only reply that the King here was not as a party but as a Judge in a Controversie depending declaring his own pleasure which surely manifests his Supreme Jurisdiction and that appears from the very words of the Parliament (a) Cum quaedam dessentiones lites debatae nuper motae fuerunt inter c. super usu excercitio Jurisdictionis Visitationis dictae Universitatis c. nos volentes hujusmodi dissentiones c. prout Regiae convenit Majestati attentis damnis periculis quae inde versimiliter evenire possent sedare pacificare ac pacem quietem tranquillitatem inter partes praedictas pro viribus confovere c. Pat. 20 R. 2. part 3. M. 9. that whereas some dissentions strifes and debates of late were moved and risen betwixt the Arch-Bishop c. on the one part and the Chancellor of the University of Oxford and several others of the said University on the other part about the use and exercise of Jurisdiction and Visitation the Arch-Bishop claiming it c. as appertaining to his Church of Canterbury c. The King willing to quiet and pacifie the said Dissentions Suites and Debates and to preserve peace quiet and tranquility amongst the parties as it agrees with his Kingly Majesty attending the damage and danger which in probability might happen thereupon considering that Jure Communi the Visitation belonged to the Arch-Bishop c. therefore determins it for him Surely Jus Commune must here be taken as that by Canon Law Common Right or by our Common Law of England this appertained to the Arch-Bishop of Canterbury and then it can be understood no otherways then that virtute officii he might Visit correct and reform all within his Diocess and that Exemptions were breaches of that Common Right and whatever he did quatenus Arch-Bishop or as Legâ—us natus he did by Authority from the King or the Pope and from either of which soever he had them or by the Canons yet none of these can deprive a more Soveraign power from visiting by it's self or it's delegates and the last clause (a) Salvis nobis Haeredibus nostris onmibus aliis quibus in Universitate praeaicta nos progenitores nostri-uti consue vimus temporibus retroactis Id. Pat. of the Patent is therefore to be observed heedfully which is saving to our selves and our Heirs all other Rights or Prerogatives which we and our Progenitors in by past times have been wont to use in the said Universities This further appears if we credit Mr. Woods note upon it that this did not touch the Popes Exemption for if not that it much less effected the Kings Prerogative in general for tho' one King by his Charter may yield it yet he cannot in prejudice to his Successor make it binding to him to which we may add what he further saith that whatever was done it is certain that that Visitation did not then succeed Before I leave this head I must desire the Reader to consider that the Arguments of those who opposed the Exemption were that this Immunity granted by the Pope was not only to the prejudice and grievance of the Metropolitan and Ordinary but likewise to the whole University and was rather a servitude then liberty to them for without that if they had been oppressed by their Chancellor or Vice-Chancellor they might have been redressed by Appeals to the Arch-Bishop but now being reduced under the power of one they were subject to perpetual servitude §. 5. The Arch-Bishops Visitation resisted ☞ Anno 1411. Thomas Arundel the Arch-Bishop intending to Visit the University sent his Letters of Citation (a) Harus in memorabilibus fol. 106. b. to the Chancellor Doctors Masters and Scholars to be ready against his coming and was received by the Chancellor and Proctors and a great conflux of the University and the Chancellor Richard (b) Dum nititur visitare Universitatem Oxoniarum Repulsam passus est Walsing Ypodegma neust ad Ann. 1411. The Kings Authority Courtney told him that if he came as a Guest he was most Welcome but if he came as a Visitor the University was long since by the Popes Bull freed from Archiepiscopal and Episcopal Visitation at which the Arch-Bishop was much displeased and after a Day or two stay he went away and sent the King an account by Letter so the King Commanded (c) Fragmenta veteris Registri Universitatis Oxon Bib. Cotton sub faustina c. 7. the Heads of the University to appear the Day after our Ladies Day to give an account of the Popes Bull which they pretended What followed upon it appears by the Chancellor and Proctors laying down their Offices at Lambeth The Chancellors and Proctors quit their places The King appoints the Senior Theologue to Officiate in the Chancellors stead whether voluntarily or compelled appears not And the King writes to the University that the Cancellarius Natus or Senior of the Theologues should exercise the Office till there should be an Election of another in his place and Commanded that the Papal Exemption should be brought to him Upon this there was such a sadness surprized the Students that the Lectures ceased and they were dispersed The Students leave the University and desist from Lectures and an end seemed to be put to the University according to a Statute made to that purpose that they should use that Remedy if any invaded their Liberties and Privileges Which being imparted to the King he Writ first (d) C. fol. 31. a. displeasedly at the Fact of the Heads and in a second Letter (a) C. fol. 55. b. exhorts them in softer Language to revoke their Lectures and after a while lest the University should receive damage The King gives leave to choose Chancellors c. about October the King Commanded that such should be chosen as might Execute the Offices of those removed for the remainder of the (b) Frag. vet Regist supra Year and the University chose the last Chancellor and Proctors which being certified to the King he took it very ill The King displeased with the Election After which Law Suites being Commenced betwixt the Arch-Bishop and University The King hears the cause and determins for the Arch-Bishop it was agreed that all parties should stand to the Kings Judgment and about the middle of December the King heard it and he appointed that the Sentence (c) Ibid. which King Richard the Second had given should stand
in Queen Maries time for Religion and Abolished most of the Statutes made by Cardinal Pool and restored those of King Edward the Sixth To omit other things in the Visitation Earl of Arundel Chancellor quits his Office. besides that the Earl of Arundel did quit the Chancellorship these following Heads of Colleges or principal Members were removed and some of them Imprisoned §. 3. The Heads of Colleges and others Expelled of Christ-Church As Dr. Richard Marshal Dean of Christ-Church for denying to own the Authority of the Visitors was not only Expelled but sent Prisoner to London Also Dr. William Tresham Canon of the same for denying the Oath of Supremacy was Expelled as also Dr. Richard Smith Canon there Of Merton College Dr. Thomas Raynolds Warden of Merton College was by the Queen then at Hampton Court deprived of his Wardenship 4 o. September and three Days after the Sentence was declared by three of the Commissioners and after a short time he Died in Prison Thomas Coveney President of Magdalen College was Expelled Of St. Mary Magdalen College for that he was not entred into Orders and Dr. William Cheadsey President of Corpus Christi College was Expelled from that and his Canonship of Christ Church and Robert Banks who had been Ejected in Queen Maries Reign because he was Married was substituted in his place Also Dr. William Wright Of Baliol College Master or President of Baliol College was Expelled and Dr. Babington substituted in his place Mr. John Smith Provost of Oriel College was Ejected Of Oriel College tho' he had liberty to live in the House after but in the next Year he lost the Lady Margarets Lectureship Of Queens College and Mr. Hugh Hodgson Provost of Queens College two Years after either relinquished the place Of Trinity College or was Expelled Mr. Thomas Slythurst President of Trinity College was Expelled and Mr. Yeldard placed in his room Mr. Alexander Belsyre Master of St. Johns College and Canon of Christ-Church was also Expelled Fol. 283. a. St. Johns College and Mr. William Ely lately put in his place a little while after was Expelled so a few Years after Mr. William Marshal Principal of St. Albans Hall was forced to surrender and so Mr. William Alan Principal of St. Mary Hall as also George Ethridge Regius Greek Professor and James Dugdale Master of University College two Years after was Expelled by the Visitors and Thomas Key put in his place Besides these Heads of Colleges in New College Fol. 283. b. two Doctors and three Bachellors of Civil Law one Doctor of Physic one Bachellor of Divinity and fourteen Fellows were Expelled some removing to Religious Houses beyond the Sea and Mr. John Munden returning being discovered to Secretary Walsingham was Executed at Tyburn In St. Johns College seven Fellows were Expelled besides several others Imprisoned at Wisbich and many others not named Those that have a mind to see the Names of Great numbers of the rest Expelled from other Colleges Reg. G. G. fol. .26 Reg. I. fol. 198. 199. Reg. Coll. Magd. fol. 29. and suffering Death for returning into England may consult the Register I shall now give a short account of what Dr. Parker advised from Cambridge concerning the Visitation there §. 4. Paper Office Ecclesiastica 1550. to 1559. I find Two Letters from Dr. Mathew Parker afterwards Arch-Bishop to Sir William Cecyl then Secretary and Chancellor of the University of Cambridge Dated 1 o. March and Endorsed on the back Dr. Parker 1 o. Martii 1559. Among other Expressions he hath these words The Colleges needed a Visitation that Queen Mary immediately upon her quyet gave out Authority to the Chancellor Bishop Gardiner he forthwith sent his Chaplain Watson with Instruction to every College and as then I could gather to report to him in what State every College stood and further peradventure upon cause to have the Masters and others assured de coram sistendo Interim bene gerendo till further Order By this and some other Letters I find to and from Sir William Cecyl who was the great Minister of State in Queen Elizabeths time I observe that what was done in Oxford by the Visitors was likewise pursued in Cambridge and that the Masters Governors and Fellows had a very hard time in the Reigns of King Edward the Sixth Queen Mary and Queen Elizabeth Conformableness to the Religion of the Prince being the Touch-stone and the prime Capacitating Qualification that secured Honors and Places in the Universities The other Letter is Dated March the 30th and Ticketed 30 Martii 1559. Dr. Parker to Mr. Secretary Which I shall Transcribe at length that the Reader may take notice of his way of Writing and the Dialect of that Age. Pleaseth yt your Honorables goodnes upon th' occasion of sending up to your Honor for the matter which Mr. Vice-Chancellor Wryteth of I thought it good to signifie to you that the matter which ye have Delegated to us is in hand with as good Expedition as we can make by reason of th' absence of some who were meet to be Commoned with Though some dout is made whether your Authority of Chancellorship extendeth to College Statutes for any beyond Lymitation conteyned in them so may they dout of your Delegatum Though Bishop Gardyner wold not so be restreyned in his doyings whether upon warrant of the Quenys Letters of Commission the Copy * * This I cannot find tho' I have searched diligently whereof I sent to you or by Authorytie of his Office I leave that to your Prudence to Expond Our Statutes and Charters Prescribe here to Officers that they must in Plees proceed summariè de plano since strepitu Judiciali that Scholars may be soner restored to their Bokes Yet here be Wytts which being thereto admitted w'd entangle matters extremis Juris apicibus that Controversies might be Infynyte and perpetual never to have an end but according to our old Ancyent Customys we shall procede to hearyng with cutting of all such superfluous and perplex Solemnyties of their Cavillations and so refer the matter to your understanding to be resolutely determyned as the last Clause of your Letter pretendeth to wil us And yff I shall perceyve any like Incydent to be signified to your Honorable wisdom I shall be bold in secretys to Wright it Less things borne bi parcyalyties might prevayle under your Authorytie not rightly instructed and to avoid som Stomake that ellys might be taken Without dout Sir th' Universitie is wonderfully decayed and if your Visitation entendyd be too stoutly Executed in some like sorts as hath been practised that wil I fear so much rustle the State thereof that it will be hardly recovered in Years and yet Authorytie must bridel willfull and stubborn Natures and hie time it is here I trust the prudence of the Visitors for good wil toward you wil diligently note how ye receyved the Universities after others
To which it was Answered that the Oaths of both Universities were in effect the same yet they Commenced every year some at three years standing some at 3 a half yet do not think themselves for-sworn altho' they have no dispensation because they suppose the granting of the Grace do's Include a Tacit dispensation By this it is most apparent that not only the Kings dispensation had absolved from Perjury but that the University also by an Act of the Senate may dispense with a Statute and tho' it be but a dispensation Implyed it is valid SECT II. Concerning Dispensations with the Statutes of the Vniversities or particular Colleges from the Year 1670. 22d of King Charles the Second to this present time §. 1. A Mandate for a Dispensation for Mr. William Lloid having the Degree of Dr. of Divinity two years before the time limited by the Statutes of the University 23. June 1670. I Have in this following part culled out of the Books of Mandates for Arch-Bishoprics Bishoprics Deaneries Prebends Rectories and Masters or Fellows of Colleges c. some few Presidents which may shew the usuage of the latter times touching the Kings dispensing with College or University Statutes which I might have begun at the late Kings Restauration but that the Books of the then Secretaries of State are mostly wanting or they are not digested into Order in the Paper Office. However those few Instances of several kinds may serve to clear the point beyond dispute By this following Mandate will appear the reason why the power of Dispensation with Statutes may be necessary The Mandate runs thus William Lloid of St. Johns College in Cambridge Master of Arts one of Our Chaplains wanting two Years of his full standing to take the Degree of Doctor of Divinity being shortly to return to his Charge to Portugal where he may probably remain longer than the said two Years and so be hindred from taking the said Degree at his due time c. We having the Approbation and consent of Edward Earl of Manchester Chancellor of that Our University have thought fit to signifie Our pleasure unto you in his behalf hereby requiring that you Create and Admit him the said William Lloid Doctor in Divinity at the Commencement next coming any Statute or Custom of our said University or direction from Us to the contrary notwithstanding Dated 23d of June 1670. Directed to Our Trusty and Well-beloved the Vice-Chancellor of Our University of Cambridge §. 2. In all the Mandates the express words of Dispensation are to be noted In the Book for the Years 1675. and 1676. Sir Joseph Williamson being then one of the Principal Secretaries of State I find among many other these Dispensations with Statutes of Colleges July the 15th 1675. Henry More Doctor of Divinity and Fellow of Christ College in Cambridge hath Liberty by Dispensation to be absent from the College December the 20th 1675. Richard Lake Master of Arts of Sidney Sussex College obtains a Mandate for the first Foundation Fellowship that shall be Vacant reserving his Seniority according to his standing with this clause Any Statute Custom Order or Letter from Us to the contrary in any wise notwithstanding with which We are Graciously pleased to Dispense for this time in his behalf December the 29th 1675. In the Mandate for Thomas Chapman Bachellor of Arts to have the Degree of Master of Arts the operative words are without any consideration of performing any previous or subsequent Exercises for the same Any Statute c. as in the former February the 12th 1675. Mandate for Sir John Otways Son not capable either as to the County or his Years There is a Memorable Dispensation for Charles Otway Son to Sir John Otway in consideration of the Services of the Father sometimes Fellow of St. John's College The Expressions are That whereas a Fellowship in St. Johns College in Cambridge was void by the Death of Robert Clark which was Founded by the Lady Rokesby and given to the Town of Beverley and for want of a Scholar there to Our County of York at large with a Proviso that they enter into Priests Orders within six Months after Admission There being none of that Town Qualified the said Sir John Otway hath besought Us to Grant Our Dispensation in behalf of his Son Charles Otway who being not Born within the said County of York nor Capable to be Ordained Priest within the time prefixed by the said Statutes after Admission by reason of his want of Age without Our Royal Dispensation We have thought fit and accordingly do hereby Dispense with those particulars in his favor so as to Capacitate the said Charles Otway to stand for and be Elected into the said Vacant Fellowship notwithstanding his not being Born within the County of York and not being of Age. May the 17th 1675. Mandate for Mr. Josuah Ratcliff contrary to the Statutes of the College I find a Mandate in these Terms Whereas Josuah Ratcliff Senior Bachellor of Arts and Scholar of Emanuel College in Cambridge hath by his humble Petition Informed us that by reason of a certain Statute which provides that there shall not be more than one person of any particular County of England at one time Fellow of the said College he is render'd uncapable of being Elected into a Fellowship tho' in all other respects he is fitly Qualified for the same We have thought fit to condescend to his Request herein and do accordingly by these Our Letters Patents Dispense with the forementioned Statute Granting you full Power and Liberty that in case of Examination you find the said Josuah Ratcliff in all other respects fully Qualified for Preferment amongst you you may choose and Admit him into any Vacant Fellowship Directed to Our Trusty and Well-beloved Master and Fellows of Emanuel College in the the University of Cambridge H. COVENTRY §. 3. Dispensation for Mr. Edward Finch not being of the County required by the Statutes I shall now add some I find in the Books in my Lord Sunderlands Office. The Mandate for Edward Finch runs thus Have therefore thought fit to recommend him in very Effectual manner hereby requiring that notwithstanding any obstruction or Impediment that may be in his way by reason of his County you Admit him to the first Fellowship that may become Vacant in Christ College in Cambridge Dated May the 21st 1679. So the Chancellor of Cambridge is Commanded to Confer the Degree of Doctor of Divinity upon Mr. Francis Hawkins Mandate for Dr. Hawkins not to perform Exercises Master of Arts formerly of Peter-house in Cambridge by Accumulation without obliging him to perform the Exercises requisite thereto or Cautioning or Compounding for the same any Statute or Statutes or Constitution of that Our University to the contrary notwithstanding Dated June the 27th 1679. So the Mandate for Mr. Cradock Bachellor of Arts to have the Fellowship void by the Death of Thomas Cradock his Brother in St. Mary