Oxfords Plea Refuted, Floating text 2

Oxfords Plea Refuted · Floating text 2

p. 35Anno duodecimo CAROLI, pars sexta Novemb 2.

Commis. visitat. Archiepiscopo Cant.

REX omnibus ad quos, &c. Suborta nuper lite & controversia inter Reverendissimum in Christo Patrem Archiepiscopum Cantuariensem, & Vniversitates nostras Oxonii & Cantebrigiae super jure & titulo visitationis Metropoliticae Universitatum praedictarum, praefato Archiepiscopo jus visitandi praedictas Universitates sibi & Ecclesiae suae Metropoliticae Christi Cantuariensi vendicante; praefatisque Universitatibus se a visitatione praedicta exemptas esse pretendentibus; liteque & controversia praedictis, ad Nos & judicium & sententiam nostram Regiam delatis, Nos ad stabiliendam pacem inter partes praedictas & ad tollendam in perpetuum bujusmodi controversiae materiam, Reverendissimum in Christo Patrem praedictum & perquàm fidelem Consiliarium nostrum Willielmum, providentia divina Archiepiscopum Cantuariensem totius Angliae Primatum & Metropolitanum, & Vniversitatis Oxonii Cancellarium, Necnon perdilectum & perquàm fidelem consanguineum & Censiliarium nostrum Henricum Comitem Holland, Vniversitatis Cantebrigiae Cancellarium, aliosque nonnullos a praedictis Universitatibus mandata sufficientia habentes, venire fecimus coram Nobis & Consiliariis Nostris in Aula Nostra apud honorem Nostrum de Hampton Court vicessimo primo die mensis Junii, Anno Regni Nostri duodecimo; ibidemque auditis & intellectis quae per partes praedictas hinc inde dici & allegari potuerunt, habitaque cum praefatis Consiliariis Nostris deliberatione matura, ad definiendam & dejudicandam litem & controversiam praedictam processimus in modum fequentem. Primò & ante omnia per probationes legitimas & per confessionem utriusque partis, Nobs constabat, Nos jure Coronae nostrae Regni Angliae habuisse & habere potestatem visitandi Universitates praedictas quoties & quandocunque Nobis & Successoribus nostris visum … fuerit: praefatumque Archiepiscopum jure Ecclesiae suae Metrop…ticae p. 36Christi Cantuariensis habuisse, & habere potestatem visitandi totam Provinciam suam Cantuariensem, in qua Universitates praedictae positae sunt. Cum verò ex parte Universitatum propositum esset, Universitates praedictas per quasdam Chartas nostras & Praedecessorum nostrorum, & Bullas Papales fuisse exemptas & immunes ab omni visitatione & jurisdictione Archiepiscopi praedicti, eandemque immunitatem ligitima temporis usu fuisse praescriptam; ex parte praefati Archiepiscopi coram Nobis ostensum & probatum fuit, tres Praedecessores suos Archiepiscopos Cantuarienses actualiter visitasse Universitates praedictas jure Ecclesiae suae Metropoliticae Christi Cantuariensis, & non per potestatem legitimam; ortaque olim lite inter Archiepiscopum Canturiensem & Universitatem Oxon. super jure visitationis praedictae tempore Richardi secundi Praedecessoris Nostri, Regis Angliae, eundem Praedecessorem Nostrum plenè auditis quae per partes utrinque proponi potuerint, pro Archiepiscopo & jure visitationis suae judicasse; eademque controversia itorum emergente inter Archiepiscopum Cantuariensem & Universitatem Oxon. tempore Henrici quarti Praedecessoris Nostri Regis Angliae, eundem Praedecessorem Nostrum similiter pro Archiepiscopo praedicto & JURE VISITATIONIS SUAE PRAEDICTAE PRONUNCIASSE ET DETERMINASSE, EASDEMQUE SENTENTIAS ET DETERMINATIONES PER ACTUM PARLIAMENTI Anno tertiodecimo Henrici quarti fuisse ratificatas & confirmatas. Quinetiam Nobis constabat, praedictas exemptiones & immunitates a visitatione Metropolitica Archiepiscopi Cantuariensis, vel earum aliquam, per aliquam Chartam Nostram vel Praedecessorum Nostrorum non fuisse concessas, easdemque per Bullas Papales concedi non potuisse, nec per cursum temporis citra actuales visitationes Archiepiscoporum praedictorum fuisse legitimè praescriptas, nec de jure Nostro Ecclesiastico potuisse praescribi: praefatus… Archiepiscopus coram Nobis protulit schedulam subscriptam manibus Magistrorum Collegiorum Universitatis Cantebrigiensts in qua Magistri pro se & Universitate sua, privilegiis & immuntatibus Papalibus Universitati praedictae concessis, renunciabant. p. 37Quibus omnibus per Nos consideratis, habitaque deliberatione cum praefatis consiliariis Nostris, JUDICAVIMUS ET DETERMINAVIMUS JUS VISITANDI CANCELLARIOS, MAGISTROS ET SCHOLARES UNIVERSITATUM PRAEDICTARUM, SUCCESSORUM SUORUM, EORVMQUE SERVIENTIUM, ALIARUMQUE PERSONARUM PRO TEMPORE EXISTENTIUM LIBERTATI ET PRIVILEGIIS UNIVERSITATUM PREFAT. UTENTIVM, NECNON UNIVERSITATUM PRAEDICTARVM VT VNIVERSITATES, SPECTARE ET PERTINERE ad praefatum Archiepiscopum & SVCCESSORES SVOS & Ecclesiam Metropoliticam praedictam, PER SE, COMMISSARIVM SEV COMMISSARIOS SVOS EXERCENDVM: Et quod praefati Cancellarii, Magistri, Scholares, & reliquae personae Privilegiis Vni. versitatum utentes, eorumque Successores, PERPETVIS FVTVRIS TEMPORIBVS EIDEM ARCHIEPISCCPO ET SVOCESSORIBVS SVIS, EORVMVE COMMISSARIIS IN VISITATIONE ET JVRISDICTIONE VNIVERSITATVM PRAEDICTARVM IN OMNIBVS PAREANT ET OBEDIANT. Cum vero coram Nobis praeterea proponeretur non satis constare quoties & visitatio praedictarum Vnivesitartum exerceri debeat, ad amputandas similes controversias in futuro, Ordinavimus, quod licebit praefato Archiepiscopo & Successoril us suis VISITARE VNIVERSITATES PRAEDICTAS NON TANTVM SEMEL IN VITA, sicut in reliquis partibus Provinciae Cātuariensis nuper visitat. suit, verii ETIAM QUOD LICEBIT IIS EORUMQUE SINGULIS POST PRIMAM VISITATIONEM METROPOLITICAM FINITAM PRAEDICTAS VNIVERSITATES PER SE VEL COMMISSARIOS SVOS VISITARE QVOTIESCVNQVE ILLVD p. 38NECESSARIVM PRAEFATIS ARCHIEPISCOPIS VISVM FVERIT EX CAVSA RATIONABILI ET LEGITIMA PER NOS ET SVCCESSORES NOSTRO SP RIMITVS APPROBANDA. Cumque praeterea coram Nobis proponeretur, ex parte Cancellarii praedicti, futurum valdè incommodum sibi & successoribus suis pro dignitate personarum suarum, si in visitationibus praedictis personaliter debeant comparere; declaravimus, jure satis consultum esse eorum incommodis in hac parte, cum possint in visitationibus praedictis per Procuratores suos comparere. Denique per praefatum Archiepiscopum a Nobis humiliter petitum fuit, hoc Nostrum judicium & declaratio potestatis visitandi Vniversitates praedictas sibi & successoribus suis jure Ecclesiae Metropoliticae Christi Cantuariensis, competent. non possint in futuro extendi ad EPISCOPOS ET ARCHIDIACONOS LOCORVM IN QUIBUS VNIVERSITATES PRAEDICT. POSITAE SVNT: Et ut praefatae Vniversitates per praefatos Episcopos & Archidiaconos IMPOSTERVM NON POSSINT VISITARI: Et ut hoc nostrum judicium, ordinationem & determinationem sub magno sigillo Angliae concedere confirmari dignaremus: cujus petitioni annuentes, declaravimus, QVOD VNIVERSITATES PRAEDICTAE PER EPISCOPOS ET ARCHIDIACONOS PRAEDICTOS IMPOSTERVM NON VISITENTVR. Et hoc Nostrum judicium, ordinationem & declarationem sub magno sigillo Angliae communiri, & confirmari jussimus. Mandantes praefatis Cancellariis Magistris & Scholaribus Vniversitatum praedictarum ut VISITATIONI PRAEFATI ARCHIEPISCOPI ET SVCCESSORVM SVORVM SE SVBMITTANT, ET VT NVLLAM EXEMPTIONEM SEV IMMVNITATEM ADVERSVS VISITATIONEM PRAEDICTAM SIBI VENDICARE PRAESVMANT.

In cujus rei, &c. T. R. apud Westm. tricessimo die Januarii, Anno Regni Caroli Regis Angl. &c. duodecimo. Per breve de privato Sigillo.

p. 39By all these recited Histories and Records it is unquestionably apparent, both in point of fact and right too, That the Archbishops of Canterbury have from time to time visited the Universities both of Oxford and Cambridge, the severall Colledges and Hals in them, by their meer Metropolitical right. That this right of theirs, and jurisdiction over the Universities, was never opposed, nor this Plea or Priviledge of the King's sole right, ever pretended or insisted on till 20. R. 2. and that only by a factious party in the University of Ozford. That this King himself, on whom that Prerogative was 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 p. 40neither 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, novis que 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 onelyonly 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.

p. 41That 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…, p. 40duplicate page p. 41duplicate page p. 42Iohn 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 onelyonly 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**Pag. 7. 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 more strict and particular Obligation, being sworn by our respective Statutes, to allow and submit to no visitation but from those who are nominated by our Founders. And the common and Statute Law of England allows the Founders of any Colledge, Abbey, Hospital, Free-school or Free-Chappel, without cure of souls, to visit or nominate those who shall visit the same, as is evident by 8 Ass. 29. 8. E. 369. 13 Ass. 2. 11 H 4 12. 84. 27 E. 3 84. 6 H. 714. Fitz. Nat. Bre. 42. a. b. 50. …. Brook Praemunire 1. 5. H. 5. c. 1. 25 H. 8 c. 21. 43 Eliz. c. 4. Now of all the Colledges or Hals in the University of Oxford, as Doctor Fell (the pretended Vice Chancellour alledged before the Committee of Lords and Commons for regulating the University) there is none but Christ. Church onelyonly, of which the King is immediate Visitor, (and that originally founded by Cardinal Woolsey, not the Kings Progenitors) and no more but it and**Speed's History, p. 1066, 1085, &c. Orial colledge, and S^t. Mary-Hall (founded by K. Edward the 2^d) and Iesus-colledge (founded by Qu. Elizabeth) whereof the King and his Progenitors have p. 43been Founders; which three later have their particular Visitors appointed by their Founders Statutes: and no Colledge in the University of Cambridge but Kings-colledge, Trinity-colledge any Christs-colledge, whereof the King's Ancestors are immediate Founders; how then the King can truly and really be stiled, the sole Founder or Visitor of both or either our Universities (there being but three Colledges in Oxford, and three in Cambridge of his foundation, and but one of his visitation) I desire the University at leisure to resolve, since this their Plea, We have yet a more strict & particular obligation, being sworn by our respective Statutes, to allow and submit TO NO VISITATION but from those who are appointed by our Founders, quite subverts their grand pretended Priviledge, and strongest Plea in Bar (which the Author of The Priviledges of the Vniversity of Oxford undertakes to make good) That the right of visiting the Vniversity of Oxford, is onelyonly in the King's Majesty, and that it is exempt from all other jurisdiction, by its Foundation, Prescription and grants of Exemption; when as I have proved it to be anciently and legally subject both to the jurisdiction and visitation of the Bishops of Lincoln, of the Archbishops of Canterbury, the Popes Legats, the Chancellour; and the Colledges and Hals as Members of it, to sundry particular Visitors, appointed by their respective Statutes and Founders; the two last whereof themselves acknowledge and urge too. Which fully refutes the King's pretended royall Monopoly of sole visiting the University, which himself and his Progenitors have severall times disclaimed and resolved against in expresse terms, as I have manifested.

My fift position is**P. 9, 10, 11, 21, 36, 38. already substantially proved in every syllable, in the evidence for probat of the second; which I shall not repeat, but only conclude, the Author of the Vniversities Priviledges was very ill advised to plead Popes exploded, illegal, antichristiā Buls in Bar against the jurisdiction of both houses, and the Visitors deputed by them, in these Anti-papal times of Reformation, which might justly induce them to suspect, that the Heads and Members of the University have a higher and more reverent esteem of the Popes usurped, p. 44abandoned authority, and illegal Buls, then of both houses rightfull Power and Ordinances, which they would have these voyd Papall Buls (no better then the white Bull in Osny Tower) controll, though the very Letter of them extends onelyonly to exempt themselves from Archiepiscopal and Episcopal, not Parliamentary jurisdiction and visitation, no more then Regall.

These five positions being all confirmed, and the Universities pretended grand Priviledge and false Plea thereby sufficiently refuted, I shall next examine and refeil the false grounds and impertinent Evidences produced by their advocate to make them good, and so leave them without excuse.

Object.The first ground in maintainance of this exemption is, That the Vniversity The Unversities Priviledge, p 2, 3.of Oxford wholly refers to the King, as its Originall & Founder; That almest 800. yeers since, King Alured not onelyonly founded publick Schools of Arts & Lectures, but their Priviledges & Immunities, having gotten them confirmed by the then Pope; That the Vniversity ever submitted and she…red themselves under the title of the Kings Foundation & yet do. For which some Instruments of the University to K. Richard the 2^d, and others, wherein they recite they are Vestrae fundationis & Patronqtus, are cited in the Margin: Now all Societies whereof the King or his Predecessors were Founders, are ONELYONLY VISITABLE BY THE KING, by the common Law of this Realm 6 H. 7 f. 14. 2 H. 5 (I suppose he intends the Statute of 2 H. 5 c 1. since there is nothing in the yeer book to that purpose.)

To this I answer,Answ. first, That the originall Founder of the University of Oxford is not certainly known: Secondly, That King Alured was not the first Founder of this Vniversity, or of Schools and Lectures in it, (which had been time out of mind before, as Master Cambden in his Britiania, p. 378. proves out of Ass…r) but onelyonly the Restorer and Repairer of them, recalling the long banished Muses unto their own sacred cels, it being a Vniversity above three hundred yeers before at lest; its Orders and Ordinances for Lectures, &c. being made and established by Gildas, Melkin, Ninnius, Kentigerne, and other godly and learned men, which Saint German wondrous well allowed of … which the old Schoolmen of the Vniversity proved by the undoubted testimony of old Chronicles before p. 45King Alured, in their contest with Grimbald their Divinity Professor there: And it is one thing to be a Founder, another a Repairer or enlarger; else every Founder of a new Colledge or School in the Vniversity, or Repairer of an old one, should be the Founder of the University and Colledge it self. Thirdly, That this King conferred any Priviledges or Immunities on this Vniversity, & got them confirmed by the Pope; I find no satisfactory evidence: but admit he did, this makes him no more a Founder of the Vniversity, then Edward the 3^d, Richard the 2^d, King Henry the 8^th, Queen Elizabeth, King Iames, or King Charles, who confirmed and allowed the Vniversities ancient priviledges. Fourthly, there are only three Colledges and one Hall in Oxford now remaining of the King's and his Predecessors foundation, and one of them Christ-church, was really founded by Cardinal Wool…ey as a Colledge, and by the**Godwins Catalogue of Bishops, p. 404. King onelyonly as a Deanary and Cathedral; all other Colledges and Hals, with the publike Schools and Library had other Founders; therfore the King and his Progenitors cannot be properly stiled, the sole Founder of the whole Vniversity, and so the onelyonly Visitors by the common Law. Fiftly, the Parliament it self (to speak properly) is the true reall Founder and establisher of both Vniversities, they being incorporated and made capable to sue, purchase and enjoy all their Priviledges and Lands without controversie, onelyonly by an act of Parliament in the 13. yeer of Queen Elizabeth, rot. 36. the title whereof is onelyonly mentioned in the printed Acts; therefore the Parliament being the true Founders of it, have best right to visit it by the common Law, by us their Commissioners, as this Objection proves. Sixtly, this plea, That the Vniversity is of the King's foundation only, (as the Objector grants) is but the Vniversities own device, who anciently did, and yet do shelter themselves under the title of it, against their lawfull Visitors, and are very ill advised to fly to this false shelter now, since three Kings and one Parliament have severall times driven them from it, as the premises evidence. Seventhly, admit the antecedent true, that the King and his Predecessors were sole Founders of the Vniversity, yet the sequell is unfound: Ergo p. 46they only are the Visitors of it, and none others, seeing I have proved, that others have of right visited and had jurisdiction in and over it as a Vniversity from time to time, besides our Kings, and that of right, by our Kings and Parliaments resolutions, notwithstanding this pretext of being sole Founders. Eightly, the King and his progenitors by their Charters are as much Founders of every Corporation, every Company of Merchants and other Tradesmen in London and other Cities, as of the Vniversities; will it therefore follow, Ergo, none must visit or regulate them but the King, and the houses of Parliament, the Committees for Trades, Complaints, Grievances, Clothiers, Weavers, &c. may not regulate nor reform them, much lesse the Lord Major and Court of Aldermen, as they have usually done. Ninthly, the Book of 6 H. 7 14. is no resolution, but a private opinion; It only speaks of the Kings free Chappels without cure, which he or his Chancellours shall visit, not the Bishop, but by Commission; not of Vniversities or Colledges, the thing in question; nor yet of Monasteries, Churches and Chappels with cure of souls, which the Archbishop and Bishop of the Diocesse shall visit, though built, founded and endowed by the King himself, as this very Law-book [6 H. 7 14.] grants; whence most ancient Abbies founded by our Kings, were exempted from archiepiscopal and Episcopal visitation and jurisdiction by special Charters confirmed in**Spelman Concil. Tom. 1. p. 631. to 635. Ioan. S…ldeni No…ae ad Eadmerum p. 165. Parliament, and Popes Buls, the King's meer foundation and Charters alone being no legall exemption from their power by the common or Canon Law. As for the Statute of 2 H. 5 c. 1. it speaks only of Hospitals of the King's foundation, that the Ordinaries shall visit them by his Commission, not of Colledges or Vniversities; without the words and intention of the act. Tenthly, this and other Law-books onelyonly say, that the Bishop shall not visit Hospitals and Free-Chappels of the King's foundation; but no Book avers, the Houses of Parliament may not visit them nor their Delegates: and to argue, the Bishop of the Diocesse may not visit the King's Free-Chappels or Hospitals; Ergo, the Parliament may not do it; is no better Logick then; The Ordinary cannot visit nor reform the greatest p. 47Officers of State, the Cours of Justice at Westminster, the Kings own Court; nor any civil abuses, and publike grievances: Ergo, the Houses of Parliament cannot do it. Yea, all our Books agree, that the Bishop by Commission, under the great Seal, may lawfully visit the Kings Freechappels & Foundations, and the stat. of 2. H. …. c. 1. enacts as much: But we have such a Commission to visit the University, therefore we may lawfully do it. These answers, I suppose, have sufficiently shaken the sandy foundation of the Universities Exemption, the Kings Foundation of it, whereon they most rely.

Yea, but the Objector learnedly replys, p. 3. Here you may please to consider, that the Foundation of the Vniversity being the Kings personal act, his interest lies not within the reach of that Beaten evasion, of a publike and politique Capacity. I answer, I understand not wel what he means by the Kings personal act: Unless the act of the King in his natural Capacity, as a Man, not in his Politick, as a King. If so, then it follows: 1. That the King and his Progenitors, as Kings in their publike and politick Capacities, were not founders of the University, but only in their natural, as private men; which subverts his own assertion and foundation. 2. That this priviledg of a Founder is not annexed to the Kings publike and politick, but natural and personal Capacity, and so not descendible nor hereditary; since personal actions, acts and priviledges, by the rules of the Law,**Actio personalis moritur cum persona. die with the person. If he mean by the Kings personal act; that the King in person, laid the very first Foundation stone of the University with his own hands; or writ and sealed the Patent or Charter that first founded it, himself, and not by any Substitutes or Officers: This wil b… hard for him to prove; and the sequel wil be; That the King only in his own Royal person, must visit the Vniversity now; but net by any Commissioners or Delegates; and so all his other Foundations, contrary to all former presidents, Statutes and Law-books, that he may visit them by Commissioners, which the Un… versities Answer acknowledgeth, and himself to…

The next * Ground of Exemption urged,Object. 2. is pre-scription p. 48and Bulls of Popes; both which being abandantly refuted in the premised positions, and no plea at all against both Houses of Parliament, or any power derived from them, (not mentioned, nor included in, nor yet confinable by these Bulls) though they might hold good against any ordinary or inferior Jurisdiction, if true, I shall here therefore pretermi… without further Answer.

The 3^d,Object. 3. ground of Exemption alleaged, it**Page 2. 3. 4. grants of Exemption by Popes, allowed and confirmed by Charters from several Kings, both by themselves and in Parliaments; to prove which, there are quoted in the Margin some Popes Buls, out of H…re, the old book of Oxford Statutes, and the Senior Proctors Book, with this addition, 25. H. 8. c. 21. All power of Visitation is given only to such, as shall have immediate Authority by the Kings Commission, under the great Seal of England, in places formerly exempted; as COLLEDGES &c. All Letters, Patents heretofore made by the Kings Progenitors, in behalf of the Vniversities, are confirm'd by act of Parliament. 13. Eliz. & 19. Eliz. part. 13. in Dorso; The Priviledges of the Vniversity are confirm'd in the very words of Boniface, 8. acknowledged they had them by prescription; the immediate subjection of the Vniversity to the Authority and Iurisdiction of the Prince, and all their other Exemptions ratified; and those acknowledged to be sworn to, in the Oath taken by every Graduate. These are all the evidences of moment produced to make good this ground.

I answer.Answer. 1. That all these Popes Bulls of Exemption now insist…on, were so farr from being allowed and confirmed by Charters from several Kings, both by themselves and in Parliaments; that King Richard the 2. and King Henry the 4. by both their Charters, and in Parliament, upon solemn debate, disallowed, …ulled and declared them meerly void, and the University it self, absolutely renounced them as nullities and prejudicial, in both their Raigns: King Charles himself by his Charter, ratifying and approving their resolutions herein, as I have proved. Therefore this allegation is a most palpable falshood, there being no one Charter, nor Act of Parliament p. 49that ever allowed or confirmed them before or since these Kings Declarations of their nullity. And admit these Bulls so confirmed, yet they ex end only to exempt the University from Archiepiscopal, or Ordinaries Visitations and Jurisdictions, not from the Kings or Parliaments, not mentioned nor intended in them.

I shall close up this with Matthew Parkers Authority, the first Arch Bishop of Canterbury, in Queen Elizabeths Raign. De Antiqu. Eccles. Brit. p. 35, (before the Arch-Bishops lives) where thus he writes of the Jurisdiction of the Arch Bishop of Canterbury, even in this Queens Raign, & of these Popes Buls nullity. Episcopatus et Diocaeses suae Provinciae quandocunque, et quocunque ordine sibi videbitur expedire, visitat &c. Tamque latè patent hujus Archiepiscopatus privilegia, ut in loca firmissimi… septa ac munita privilegijs se insinuent. Multa onim loca quae a Metropolitica et Ordinaria Iurisdictione se eximi procurassent, ab hujus tamen Authoritate immunia ac tuta esse non poterant. Inter quae ILLAE CELEBRES CANTABRIGIENSIS ET OXONIENSIS in Anglia ACADEMIAE, quanquam peculiaria jura, et exemptionis privilegia sibi quondam á Papa concedi procurassent, illis tamen authoritate posteá Regia irriti… ac rescissis, IN CANTVARIENSIS ARCHIEPISCOPI AVTHORITATEM SESE REDDIDERVNT, et tam VISITATIONES SVAS SVBIRE COGVNTVR, quàm ad Synodalia sua concilia per Cancellarios acceduxt: In Cantabrigiae Collegio S. Petri, cujus Eleensts Episcopus est patronus, sede vacante, tàm Praefectum quàm socios admittit, et uni scholarium cui gratificare voluerit, vacantsem societatem confert. OXONII, Collegiorum omnium animarum, et Mertoniensis est Patronus, ac in utrisque Ordinariam et OMNIMODAM JVRISDICTIONEM EXERCET. So that he reputed this Jurisdiction of visiting the Vniversities, a Right belonging to the Arch-Bishops of Canterbury, notwithstanding any pretended exemptions, Charters or Statutes to the contrary, then in being; or the Bulls of Pope Boniface the 8, which Ioannes Cajus: De Anti que Cantabrig. p. 50Academiae, p. 71. confesseth to be abolished, by the Le…ters Patents of K. Richard the 2. made to Arch-Bishop Arundel, in the 20. year of his Raign, and after confirmed by King Henry the fourth, and an act of Parliament, in the 13 year of his Raign; as the Premises at large demonstrate.

2. I answer, that the objected clause of the Act of Parliament 25. H. 8. c. 21. extends not at all to the Vniversity of Oxford, or any Colledges in it, as is most evident by the express words of the proviso, which I shal here transcribe.

Provided always, that the said Arch-Bishop of Canterbury, or any other person or persons, shal have no power or authority, by reason of this act, to visit or vex any Monasteries, Abbies, Priories, Colledges, Hospitall, houses, or other places Religious. Which be or were exempt, before the making of this act, any thing in this act to the contrary thereof notwithstanding. But that Redress, Visitation and Confirmation shall be had by the Kings highness, his heires and successors, by Commission under the Great Seal, to be directed to such persons as shal be requisite for the same, in such Monaster…s Colledges, Hospitals, Priories, houses and places Religious, exempt. So that no Visitation nor Confirmation shal from henceforth be had or made in, or at any such Monasteries, Colledges, Hospitals, Priories, houses and places Religious Exempt, by the said Bishop of Rome; nor by any of his authority, nor by any out of the Kings Dominions; nor that any person Religious, or other resiant in any the Kings Dominions, shal from henceforth depart out of the Kings Dominions, to or for any Visitation, Congregation, or assembly for Religion. But that all such Visitations, Congregations, and Assemblies shal be within the Kings Dominions.

By this it is apparant. First, that this act extends only to such**See Speeds Catalogue of Religious houses, Colledges and Hospitals. Colledges, is were Religious Houses, consisting of Menks and Friors, not to Colledges of Schollars in the University, as the coupling it with Monasteries, Abbies, Priories, and other Places RELIGIOVS, and the last clause: Nor that ANY PERSON RELIGIOVS, depart out of the Kings D… minions, to or for any Visitation or Assembly FOR RELIGION, p. 51manifests: 2. That it excludes only the Arch-Bishop of Canterbury, his Commissaries, and under-Officers, formerly mentioned in the body of the Act (the any other person or persons, intended in this clause) from visiting these exempted Colledges and Religious Houses: and that not simply, but BY REASON OF THIS ACT: Not the Houses of Parliament, or any V…sitors of their appointment, 3. It extends only to Colledges, not to Vniversities, not once named or intended in this Law: And a Colledg (especially of Monks and Religious persons as here) is one thing, a Vniversity another, by the Objectors own concession. p. 6. 4. It reacheth only to such Colledges and Places Religious, as were exempt from Archiepiscopal and Episcopal Vis…ation, AT, & BEFORE THE MAKING OF THIS ACT; Therefore, not to the Universities and Colledges of Oxford and Cambridg, which at and before its making were not exempt, but subject both to the Arch-Bishops and Bishops Visitation and Jurisdiction, as I have largely proved, 5. Such exempt Colledges as are within this Act, are to be visited, not by the King in person, or such persons as he shall personally nominate, as the Objector dreams (no such words being in this Act) but, BY COMMISSION UNDER THE GREAT SEAL, TO SUCH PERSONS AS SHAL BE APPOINTED, and requisite for the same; & that either by both houses of Parliament, or by the Keepers of the Great Seal, who usually nominate and appoint all Commissioners of the Peace, Sewers, Oyer and Terminer, for Visitations, Inquiries, and the like, not the King in person. And the present Visitors of Oxford, being thus appointed by Ordinance of both Houses, and by commission under the Great Seal; are sufficiently authorized to visit the Vniversity and Colledges in it, admit them places exempt within this proviso, as they are not. 6. Admit all that can be; it is clear, that both H…uses of Parliament by this Law conferred the Power of visiting Monasteries, Abbies, Priories, Colledges, Hospitals, houses, and other places Religious, exempt before this act, from Archiepiscopal and Ordinary Visitation, on the King, his heires and successors; who could not confer it on p. 52themselves. Ergo, by the self-same reason, both Houses may now by Ordinance and Commission, lawfully conferre the like power of visiting the University, though formerly exempted, on the Visitors now appointed by them; they being the supream Visitors and Reformers of all corruptions and abuses, both in Church and State, and appointing who shal be Visitors, and what person or person shal be visited, and what things inquired of in Visitations, in sundry other Acts of Parliament, as 31. E. 1. Rastal 304. 2 H. 5. c. 1. 25. H. 8. c. 21. 26. H. 8. c. 21. 26. H. 8. c. 1. 28. H. 8. c. 10. 31. H. 8. c. 13. 14. 2. E. 6. c. 1. 5. E. 6. c. 3. 1. & 2. Phil. & Mary, c. 1. 8. 1. Eliz. c. 1. 2. 14. Eliz. c. 5.

3. I answer, it is true, That the ancient Priviledges, Liberties and Franchises of the respective Vniversities of Oxford and Cambridge, heretofore granted, ratified and confirmed by the Queens Highness, and her most noble Progenitors, for the better increase of learning, and further suppressing of Vice, are confirmed by Act of Parliament, An 13. Eliz. rot. 36. which incorporates both Vniversities; but it neither confirmed the Popes Bulls of exemption, nor gave them any Immunity from Archiepiscopal or Episcopal Jurisdiction and Visitation, it being no ancient Libertie, Priviledg, or Franchise, ratified or confirmed to them by the Queen, or any of her noble Progenitors, nor yet once mentioned or intended in the Large Patent of Priviledges, of King Henry the 8. bearing date the 10, of April. in the 14, year of his R…ign, made and granted to the Chancellor, and Schollars of Oxford, nor in Queen Elizabeths Patent to the Chancellor, Masters and Schollars of the University of Cambridge, bearing date the 26, of April, in the 3, years of her Raign, particularly confirmed by this Act. Therefore this Act makes nothing at all to purpose.

4. The Objected Commission in 19, Eliz, part. 12. in dors…, pretends no exemption of the Vniversity and Colledges from Archiepiscopoll and Episcopall Visitation and Jurisdiction simply; the thing not then in question; neither doth it acknowledg or confirm the Vniversities Priviledges, p. 53and all other Exemptions, in the very words of Boniface the 8. and acknowledg they had them by prescription &c. as is untruly surmised. But first, it mentions divers priviledges then claimed by the Chancellor, Doctors and Schollars of the Vniversity, and some exemptions in causes wholly belonging to the Chancellors conusance; and next it only complains of William Wilsons infringing these Priviledges and Exemptions contrary to his Oath, in complaining to the Deane of the Arches of Canterbury, and to Arch-Bishop Grindal, against the Bishop of Lincoln, and his Visitors of Lincoln Colledg in Oxford, for refusing to admit him to the Rectorship thereof to which he falsly pretended he was really and lawfully elected and presented; and for sending Inhabitions and Citations thence to the Bishop and his Visitors (who were Members of the Vniversity) to appear in the Arches, and with taking the final Examination and Determination of this election unto themselves, which of right belonged to the Chancellor and University. Upon which bare suggestion and complaint, the Queen granted a Commission to two Bishops and six others, in a summary way; without any noise or formal proceedings, according to the truth and meer equity of the cause, by the best and most effectual means they could; De et super VERITATE PRAEMISSORVM et PRIVILEGIORVM et EXEMPTIONVM DICTAE VNIVERSITATIS, ac in causa et causis praedictis &c. procedere, et fine debito, omni appellatione et querela nuillitatis, et supplicatione quacunque remotis, terminare; statutis, Canonibus, et consuetudinibus in contrarium editis, litisve pendentibus, in aliquo non obstante. So as this Commission doth no ways confirm the priviledges, nor ratifie the exemptions therein claimed by the Chancellor and Vniversity, by Charter, statutes and prescription; for then it would have remitted this cause of Election from the Deane of the Arches, and Arch Bishops Delegates to the Chancellor and Vniversity (to whom by ancient Priviledg they alleaged it did belong) but only refers the Examination of the truth of the Premises, Priviledges, Exemptions, and Determination of this cause and controversy p. 54about this Election to certain Commissioners, thus summarily to determine, any Statutes, Canons, Customes, or suits depending to the contrary, notwithstanding, and so rather doubts of, and questions the truth of there alleaged Vniversity Priviledges and Exemptions, then confirms them, though procured by the Chancellors and Universities means, and drawn up by their own directions.

But admit this Commission ratified and confirmed the Priviledges and Exemptions claimed in it by the Vniversity; yet the substance of them is no more then this: That **See the Charter of 36 E, 3, pars. 1, mem. 5 Rot, Claus. 9. R. 2 & 15 R 2 mem 17. in Tur. London. to this effect, & p 41all personal contracts, suits, controversies, and offences of Schollars and Priviledged persons arising within the precincts of the Vniversity (except maihmes and fellonies) are to be tried and determined in the Vniversity before the Chancellor only, not before any Arch-Bishops, Legates, Bishops, or Ordinary Judges, out of the Vniversity. Will it therefore follow; Therefore the Vniversity cannot without multiplied perjury, acknowledg any Visitor but the King, and such as are immediately sent by him; and is totally exempted, not only from all Archiepiscopal and Episcopal, but likewise from the Parliaments, and their Delegates Visitation? No doubtless; the rather, because King Charles himself, and his Couns… resolved, that neither this Commission, nor**Here p 36 any other Charter of Priviledges or Exemptions, did free the Universities from the Arch-Bishop of Canterburies Metropolitical Visitation, much less then from both Houses Delegates, authorized by Ordinances and Commission for to visit it.

The 4^th. ground and argument urged for the Universities Exemption from our Visitation,Object. 4. is this.**Page. 4. That all visitations of the Vniversities (except in Queen Maries Raign, by Cardinal Pool, as Popes Legat) were held by the respective Princes authority, and the persons visiting were immediatly sent by them, only as their Representatives, and who ever sate, the King visited; For which one Visitation, by K. Henry the 8. another by King Edward the 6. a third by Queen Elizabeths Visitors & Commissions are cited: therefore the Universities are exempt from all other Visitors, and those now appointed by both Houses, but not immediatly by the King.

p. 55To this I answer:Answer. First, That no King of England before Henry the …, did either in Person or by Commission visit the Universities; and his once meer Visitation of them by Commissioners (if true, since I find no such Commission extant after much inquiry) was no exemption of them, in point of Law, from their former Visitors, no more then of the particular Colledges (which they likewise visited) from the Visitors designed them by their Founders. Secondly, King Edward the 6. his Commission, and Commissioners, for their Visitation, were made by the advice of the Lord Protector, and others of his privy Councel, (He being then an infant but of 11. years of age) & not made nor nominated personally and immediately by himself, as the Commissions themselves attest: And for any Commission under the great Seal of Queen Eliz. for the Vniversities Visitation, it is to me a meer non liquet, which I cannot find upon search after it. Thirdly, King Charl… himself and his Counsel resolved upon f…l 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.Object 5. and principal Plea in point of conscience, most inculcated, is this:**Page 6. 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: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 p. 56Visitations, 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,Littleton l. 2. chap. 1… 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,co…ks 1 Instit, f. 65 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 p. 57from 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, **See Gratian Caus. 11, qu. 3Canonists, 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**Caus. 11. q. 3 Gratian, and all Canonists. Quiresistit potestati De…rdinations resistit. Sed quid … Iubentur … quod non, debe… facere? hic sanè conte… potestate…. … Legum grad…s adverte p. 58verte: 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**Fox Acts and Monuments Vol. 3. p. 765, 766. 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**Our Ordinances and C…mmissions do so in express words. expresse words 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 p. 59before, 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,Obiect. 6. I shal briefly answer some allegations against their persons and proceedings.

Their exceptions to all their persons in general (and **Page 4, 5.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, p. 60Liberties and Customs, cannot appear as Iudges over them without a violation of their Oaths, nor yet without a manifest opposition of Nature, where**Do not the King and Parliament, let parts judg the whole? 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;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;**Sir Natha. Brent. 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 p. 61after 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 p. 62Diocesses is wel known to all. In fine, the Visitors now appointed have no absolute definitive power in all things, but are subordinate to the Honorable Committee of Lords and Commons for regulating the University, to whom they are to certifie all their proceedings, & to whom there is liberty of appealing granted to any that deem themselves injured: so as this Honorable Committee, and both Houses are in truth, the real Visitors, the others but their Substitutes. Therefore these scorns against their persons (which must reflect upon the Parliaments wisdom and judgment) might have wel bin spared. As for any of their interests, engagements and professions, I shall beleeve they are all publike and syncere, til the contrary be demonstrated.

The next exception is to their proceedings;Object. 7. **Page. 5.That their power was not manifested by some legal way &c.

I answer;Answer. That this is untrue, …or it was first manifested by a printed Ordinanos of both Houses, wherein their names and power were comprised. 2. In a publike Citation, subscribed by most of them, of which all the University, Colledges and Halls had legal notice. 3. By an additional Ordinance of both Houses, and a Commission under the Great Seal of England, of which they had a copy delivered to them upon their own request, by the Visitors that sate.

The last ObjectionObjection. is,**Page. 6. That there is now no necessity nor want of a Visitation &c.

I answer;Answer. That this is to question the wisdom of both Houses, who deem a Visitation necessary; and to prejudge the Visitors, who may find more enormities in the persons to be visited, then they can yet discern in themselves, who**unusquisque sui ipsius iniquus Iudex. are no competent Iudges in their own cause. However, if their Innocency be such as to evidence to the world, they are not those Monsters, that their Enemies Charactor would speak them; Nor yet are altogether unworthy their Education, or their Founders Magnificance; as the Objector blasons them; they have then the lesse cause to refuse or decline the Visitors test, and wil come off with greater honor to themselves, and p. 63shame to their unjust Accusers, if they appear such after stricktest S…rutiny, then if they had not at all been brought to such a publike Tryal.

I have now made good all my Positions, and answered all the Universities allegations in point of Law or Conscience against their present Visitors Jurisdiction; not out of any design to diminish or infringe the Universities just Priviledges (which I have been formerly sworn to maintain) in the least title, but out of a real affection to the Universityes welfare, and a desire to rectifie the erronious Judgments, and satisfy the scrupelous Consciences of all present Opposers of the Visitors power, to prevent those tragicall effects which their Obstinacy and Contumacy in this high contest are like inevitably to produce, to their own and the Vniversities prejudice, if persisted in. I shal ever endeavour to my power, that the University may enjoy all her just Rights and Priviledges, with Subordination to both Houses superior Authority, and flourish more abundantly now then ever in piety, vertue, and all sorts of learning, which they cannot take unkindly at my hands. I shal only add: That as the Vniversity of Cambridg submitted to the Ordinance of both Houses of Parliament, made for its regulation, dated 22. Jan. 1643. which enabled the Honorable Ea…le of Manchester alone, to appoint a Committee under him, who should have full power to call before them all Provosts, Masters and Fellows of Colledges, Students and Members of that Vniversity, who were scandalous in their lives, or ill affected to the Parliament, or fomentors of these unnatural wars, or wilful refusers to obey the Ordinances of Parliament, or deserters of their places of residence and to send for witnesses, and examine any complaint or testimony against them upon Oath, and to certify their names with the Charge and proofs against them to the said Earle, who had power thereby given him to sequester and elect them. and put others in their places; which he accordingly executed without any such publike opposition as we now find at Oxford: So I hope the Vniversity of Oxford wil receive so good p. 64satisfaction of their scruples, from the premises, as shal enduce them to a like submission to their present Visitors, authorized by both Houses Ordinances, and a Commission under the great Seal, without any further plea or demurrer, or else leave them without excuse to both Houses severest justice, for their wilful contempt of their Soveraign power, against which they have publikely (in words) disavowed the least opposi…ion or dispute, and yet strenuously oppose it in reallity, by this contest against their Visitors, upon meer groundles Pretences so frequently over-ruled against them heretofore, that it can be b…t meer obstinacy in them to insist upon them any longer now.

The Statutes of 9. H. 5. c. 8. 1. H. 6. c. 3. 2. H. 6. c. 8. 14. H. 8. c. 2. 5. 21. H. c. …6. 1. E. 6. c. 14. 7. E. 6. c. 5. 1. Phil. & Mar. c. 3. 1. & 2. Phil. & Mar, c. 7. 8. 2. & 3. Phil. & Mar. c. 15. 1. El. c. 4. 5. El. c. 8. 13. El. c. 10. 12. 18. El. c. 6. 20. 3. Iac. c. 4. make mention of the Vniversities, and give them some priviledges, but no exemption from Visitations, and prescribe Laws unto them.

ERRATA.

P. 18. l. 9. read facturusque p. 20. l. 10 they were p. 23. l. 12. Ordinationi l. 31. pradictarum p. 25. l. 13. factis p. 31. l. 5. Academiae l. 38. university p. 38. l. 4. primitus. p. 40. l. 17. quos

P. 27. l. 3 in the margin, Episo. p. 31. l. 18. 1407.

FINIS.

End of the text · William Prynne, Oxfords Plea Refuted (1647)