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

d●bate● 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 fr●● those who are nominated by their Founder●● 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 ab●idg This is evident in the common case of Hospital which though bound by Oath and Sta●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. ● by vertue of their superintendent power Thirdly This Oath is like the Oath of Homage at the common Law having an implied ●avi●g●● 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 O● salva●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 ●i ad damnum ded●cus ipsius Domino Regis And upon the same ground it is that if a man hold 〈◊〉 Ho●●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 Lord● If a man should make ● 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 Ho●se or a Grand-Ju●or not to discover his fellows secrets yet these Oa●●● 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 B●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 gro●nd the Lords and others of the privy Councel heretofore and this very Pa●l●ament in the case of the Earl of Strafford when summoned as witness●● have without pe●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 qu●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 De●●rdinations resistit Sed quid 〈◊〉 Iubentur 〈◊〉 quod non debe●● facere hic sanè conte●●● potestate● 〈…〉 Legum grad●s adverte verte Si aliquid ●uss●rit curator faciendum est non tamen s● contra Proconsul jubeat Non utique contemnis potestatem sed eligis majori servire nec hic debet minor irasci si maior pr●elatus est Rursus si ipse Consul aliquid jubeat aliud jubeat Imperator vel si aliud jubeat Imperator et aliud Deus quid i●dicatis Maior potestas De●s da veniam ô Imperator Tu carcerem ille gehen●am mi●atur Hic jam tibi assu●●nd● est ●ides tua tanqu●m scutum in quo possis om●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 V●sitors are Fifthly I find an express president in point When * Cardinal Pool by his D●legates v●si●●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 nam●●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 intermed●e he openly pro●essed in discharge of his duty that ●nlesse their Commission gave them Authority and Iurisdiction upon the Colledg either by * expresse words

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

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 coun●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 s●ught such starting ●ol●● For so were diseased persons oft times wont to do whe● 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 ●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 interroga●●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 stri●e of Princes King Alured himself visits An. 806. Edw. ● 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 Lord● 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 Ass●● Justices of Peace and Juries at Assi●es and Sessions yea against Magna Chart● 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 Superior● 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 Esqui●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 no● 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 Tutor●William Mayor Doctor of Law one of the Master of Requests and Dean of Pauls and Thomas W●●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 Ex●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 ●●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 P●ovi●ces and Diocesses is wel known to all In fine the Visitors now appointed