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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
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●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
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