Oxfords Plea Refuted, Floating text 1
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 isfNote this, the very first Plea of our Oxonians now. 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 onelyonly 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 onelyonly 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 gThe same with the Oxenians second Plea, in words and substance.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 nI doubt these pr…ended Bu…s were mcc… forgeries and bais indeed.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 aoThe xouians third Plea in words and substance. 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, andpThis was direct perjury, since Archbishop Arunde… visited that University, & all Colledges in it An. 1477 not 30. yeers before, p. 3. 54. &c. 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 sundrypThe Oxonians fourth Plea in substance and words. 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 36. Edw. 3. that King directeth Letter Patents to the Archbishops, Bishops and Ecclesiasticall persons by way of Prohibition, that Schollers should not be cited into Ecclesiasticall Courts out of the Vniversity: And 6. Hen. 5. when a Commission was granted for the enquiring and correcting of Hereticks, according to the Statute of 2. Hen. 5. there is this clause; Nolumus tamen quod aliquis vestrum de aliquo praemissorum quae per privilegia & libertates Vniversitatis per Cancellarium ejusdem Vniversitatis solummodo corrigi & terminari debent, colore praesentis commissionis nostrae in aliquo intromittatis.
In the Letters Patents of King Iames of blessed memory, in March 20. of his reign, he first declares his intention to confirm the Priviledges and Customes used in the Vniversity: Secondly, he doth in expresse terms confirm the jurisdiction as well spirituall as temporall, the Priviledges, Quietances and Exemptions, not onelyonly by the Grants of his Progenitors, vel aliarum personarum quarumcunque, but also praetextu aliquarum Chartarum, donationum, consuetudinis, praescriptionis, &c. And thirdly, Grants that the Chancellour, and (in his absence) the Vice-chancellour shall visit Colledges which have no speciall Visitor, which Charter is also exmero motu & certa scientia.
5. It appears by the Statute of 25. H. 8. cap. 19. & 21. that albeit the supremacy in causes Ecclesiastical be resumed to the Crown from the Pope, yet no part of that power which the Pope or Archbishop of Canterbury (as his Legat) in any wise ever had, is invested In the Archbishop; but it isqAlledged by the Oxonians too. especicially provided, That in the case of Monasteries, Colleges, &c. exempt from Episcopall power, and immediately subjected to the Pope, the Visitation shall not be by the Archbishop, but by Commissioners to be nominated by the King by his commission under the great Seal. It is true, that by the Statute of 31. H. 8. in a proviso therein contained, there the Bishop and Archbishop have a power given unto them over Monasteries, Colledges, &c. which before were immediately subjected to the Pope; but that enlarging of the power of the Archbishop doth extend onelyonly to Religious houses dissolved; it doth not extend to the Vniversity: and the Statute of 1. Phil. & Mary cap. 8. repealing the Statutes made against the Pope's Supremacy, and giving power to the Archbishop, &c. to visit in places exempt, hath a speciall proviso thereby, not to diminish the Priviledges of the Vniversities of Oxford and Cambridge, nor the Priviledges granted to the church of Westminster, Windsore, and the Tower.
There is no new power given to the Archbishop by the Statute of 1. Elizabethae, and this appears evidently in the proviso therein touching the Visitation, for (if he will visit) he must be having jurisdiction, and he must visit onelyonly within his jurisdiction, and the power is also given to Ordinaries within their jurisdictions.
6.iThe Oxonians Argument too. Presidents and examples in the very poynt; wherein not to insist upon the president of any Archbishop before the time of 26. H. 8. in as much as the Pope then being reputed the Supream head of the church, and the Archbishop of Canterbury having a Legatine power, his acts then are not to be ensampled to the succeeding Archbishops, who have not any power in the poynt in question touching visitation, from the Pope; but what hath been done sithence is most materiall, and that time hath taken up above an hundred yeers, which by the Canon Law is accounted not onelyonly tempus antiquum, but tempus antiquissimum.
The first Visitation of the University, sithence that time was 27. H. 8. when the Lord Cromwel was Chancellour of this University, and the same was by*There is no such Commission to be found. commission under the great Seal of England (to the Lord Cromwel Chancellour, and others) according to the foresaid Statute of 25. H. 8. The second visitation waskThis Commission is extant. 3. Edw. 6. and as it doth appear by the Letter of the Duke of Somerset the then Chancellour of the University, that visitatio Regia was, by reason that he was moved by the Letters of the University to send Visitors: he being then Protector was not in Commission.
In the third and fourth yeer of the reign of Phillip and Mary (the Pope being restored to his usurped power) Cardinal Poole did visit the University; but it appears in the processe, that it was as Legatus, by Commission from the Pope, cui Papa commisit visitationem & reformationem studiorum generalium: which clause, together with the proviso in the said Statute 1, & 2. Phil. & Mary, proveth, that this Visitation was not authoritate Metropolitica.
And lastly, there was a Royall Visitation 1. Eliz. bymThere is no such Commission extant in the Rols. Commission under the great Seal, to Sir William Cecill, then the Chancellour of the University, and to others: The Queens Letter before the said Visitation, to Sir William Cecill, is, Because the chief order and governance of Our Vniversity of Cambridge appertaineth to you, being the chancellour of the same, &c. Wee thought meet to will you in Our name to give signification, that We mean very shortly, with your advice, to visit the same by some discreet and meet persons.
Yet notwithstanding all these reasons, presented by the Vniver. of Camb. & others of like nature sent from Oxf. amplified by councell, upon a full & deliberate hearing of both parties before the King himself & the Lords of the privy Counsel at Hampton court, the King and Lords resolved against the Universities claims and reasons, and confirmed the ancient Declarations and Resolutions of King Richard the second, and Henry the fourth, disclaiming this new revived Monopoly, of the King's sole right of visiting the Vniversities, they would attribute to him as his Royall Prerogative, and their grand Priviledge and Birthright (which they are bound by oath and duty to maintain) as this ensuing Charter of King Charles himself will demonstrate, to their eternall refutation.