THE PRIVILEGES OF THE Univerſity of OXFORD, In point of VISITATION: Cleerly evidenced by LETTER To an Honourable Perſonage.
TOGETHER WITH The Ʋniverſities ANSWER to the Summons of the Viſitors.
ACADEMIA OXONIENSIS
⟨8ber. 14th⟩Printed for Richard Royſton. 1647.
HOw violently active the reſentments of Liberty and Freedome are in the minds of men, there needs no other evidence then this late War, wherein the moſt earthy ſoules, with earneſt zeale, have ſacrificed their blood unto the name and empty ſhadow of it. And if the bare ſhape, and apparition could actuate thoſe Icie ſpirits; I cannot but wonder you ſhould thinke, that the more Free and Aeriall ones, whoſe induſtry endeavours to reſtore the Soul to its native Priviledge and Birthright, ſhould be ſenſeleſſe of their juſt intereſt, eſpecially where Religion adds his Title unto Right; and private Liberty, built upon publick Priviledge, in its fall engages his Foundation, and renders the neglect of a ſingle ſafety, a deſertion to the Generall, and Treaſon to Succeſsion. But ſince you take no knowledge of theſe ſo2 high engagements; and ſeeme pre-poſſeſt with the ſpecious deſigne of reforming of Errours, and the Authoritative name of a Viſitation: I ſhall endeavour to Demonſtrate the propoſition I glanced upon in my laſt Letter, and you ſo much ſtartle at, that the right of Viſiting the Univerſity of Oxford is onely in the Kings Majeſty: and that it is exempt from all other juriſdiction, both by reaſon of its foundation, in regard that all Societies whereof the King or his Predeceſſors were Founders, are onely Viſitable by the King, by the Common Law of this Realme. aa6 Hen. 7. fo. 14. 2 Hen. 5.And ſecondly, by reaſon of ſeverall grants of Exemption:bbMalmesbur. de Antiq. Glaſton. Auth. Annal. de Monaſt. de Hide, Jo: Roſſus de Regibus. Literae Hen. 4. ad Papam Johannem: ex fund. Regis. Firſt, That the Univerſity of Oxford wholly refers to the King as its Original and Founder, is cleere, in that almoſt 800. yeers ſince King Alured founded not only Publique Schooles of Arts and Lectures, but their Privileges and Immunities, having got them confirmed by the then Pope,**Martin. 2. and although the bounty of inferiour Benefactors added to the bulk and magnifience of the Foundation, yet the King ſtil aſſumed the Title, as being the totall founder of the Deſigne; and his immunities deriving and communicating themſelves to the whole; and thoſe more particular founders were alſo in a lower ranck acknowledged by the Univerſity, who ever both ſubmitted and ſheltred themſelves under the title of the Kings Foundation,ccInſtrum. Univer. Oxon. ad Ric. ſecundum: Veſtrae Fundationis & Patronatus. Hare memor. Univer. Oxon. Fol. 92. Vetus Epiſtolarum Lib. pag. 51. & 56. Ad Regem Hen. 6. pag. 90. & 108. Antiqu. Oxon. Lib. 2. à pag. 182. ad pag. 202. and as yet doe; (the power of the Chancellour being immediately, and only derived from3 theddEdvar. 3. Poteſtatē regiam per nos & progenitores noſtros ipſconceſſam. Hare, memor. Univ. Oxon. in Edvar. 3. fo. 65. The violation of his Privileges, in particular that of not obeying his Citation, is called, Laeſio Coronae, &c. ex Rot. clauſ. de an. 34. reg. Edv. 3. in dorf. memb. 27. Tur. Lond. Rot. patent. de an. 36. parte 2. memb. 44. in dorſ. in Tur. Lond. Rot. patent. de an. 18. parte 2. memb. 31. Tur. Lond. King) and are obliged to doe ſo; unleſſe that Logick whick makes Protection and Subjection Relatives, diſpute us out of ſubmiſſion to the Kings onely juriſdiction, becauſe He is diſabled from the maintenance of our Privileges; and will not let Him be our Viſitor, becauſe He cannot be our Defender. And here you may pleaſe to conſider, that the Foundation of the Univerſity, being the Kings and His Predeceſſors Perſonal act, His intereſt lies not within the reach of that beaten evaſion of a publique or politique capacity.
And as this right and title of Viſiting is the Kings Prerogative as Founder, ſo the privilege of being by him onely Viſited, is our lawfull inheritance, which we claim by preſcription,eeIndult. Dom. Papa Bonif. 8. confirm. privileg. Regal. ipſamqueƲniverſitatē eximens ab omni Juriſd. Archiep. Epiſ•op. &c. & à Viſitatione: adding, that they had had theſe privileges à tempore cujus contrarii memoniâ non exiſtit: Hare, li. de Priv. Ʋniv. Ox. Lib. Vet. Statut. Ox. p. 95. Lib. Vet. Senior. procur. p. 4. the ſame ratified and confirm'd by Sixtus 4. Lib. Epiſt. Ʋniv. Ox. in Hen. 3. Act of Parl. 25 H. 8. c. 21. fo. 556. all power of Viſitation is given onely to ſuch as ſhal have immediate authority by the Kings Commiſſion under the Great Seale of England, in places formerly exempted, as Colleges, &c. All Letters Patents heretofore made by the Kings Progenitours, in behalf of the Univerſities, are confirmed by Act of Parliament, 13. Elizab. And in 19. Elizab. part 12. in dorſrot. the Privileges of the Univerſity are confirm'd in the very words of Bonif. 8. acknowledged they had them by Preſcription: the immediate ſubjection of the Univerſity to the authority & juriſdiction of the Prince, and all their other exemptions ratified; and theſe acknowleged to be ſworn to, in the Oath taken by every Graduate, ad obſerv. Statut. Privil. Conſuet, &c. allowed and confirm'd by Charters from ſeveral Kings, both by themſelves and ine Parliaments; and whatſoever free Royall grant was4 before the Reformation, confirm'd unto us by the Pope, (that being then thought neceſſary) was (after that the Royal Authority had aſſerted to its Prerogative the Eccleſiaſtical Juriſdiction) by the ſucceeding Princes in thee ſame words eſtabliſh't: Nor did the practiſe of Viſitations diſſent, for all thoſe that happen'd in the remainder of Hen. 8 time,ffFoure Viſitations ſince the Reformation, all by the Kings Commiſſion, except in Q. Maries time, when the Eccleſiaſticall juriſdiction was again returned to the Pope, then Cardinall Pool viſited, as Legatus à latere, which is Equivalent. Citat. Cardin. Poli. ad Ʋniverſ. Ed: 6. Q. Mary, Q. Eliz. were held by the reſpective Princes Authority, and the Perſons Viſiting were onely their Repreſentatives, and whoſoever ſate, the King Viſited.
I have thus farre as much as may be expected from one, not us'd to ſuch encounters, nor advantag'd by any of the Vniverſity writings and muniments, (they having been of lateggAt the beginning of this Parl. the Univerſity Writings were required, and everſince are detained. withheld from us) diſcover'd our Privileges in point of Viſitation; being put to this unequal Combate, to engage with perſons arm'd with power and our own weapons too, onely ſhielded by naked Truth.
But ſhould I wave the former debate of Intereſt, and onely look upon the tye of Honour, I cannot but with wonder and juſt ſcorn reſent the mean opinion we are now faln into, who for almoſt 800 years the care and ſtrife ofhhAlured himſelf viſits an. 886. Ex Aſſer. Meneu. Epiſ. Reg. Alured. Scrib. Ex edit. Cambd. Edvar. 3. & Rich. 2. themſelves decided controverſies, that aroſe in the Univerſity. The late Viſitations performed by Commiſſioners, the chief Nobility of the Kingdome: and His Majeſty that now is. viſited Chriſt-Church perſonally with 8. Lords of the Counſell. Princes, are made now the prize and ſpoil of our fellow-ſubjects; and what ſpeakes more diſhonour ſubmitted to the ſtrict Tribunal of our own members, who having**Jur. in admiſ. ad gradus. ſworn the obſervation of our Statutes, liberties, and cuſtomes, cannot appear as Judges over us, without5 a violation of their oaths ſo often and ſolemnly taken; nor yet without a manifeſt oppoſition of Nature, where parts judge the whole; and the Lawes of juſtice too; eſpecially if we conſider the Intereſts and ingagements, nay often profeſſions of the moſt active inſtruments of this work.
But to go a ſtep farther, and reſt ſatisfied both in the Viſitation and Viſitors, it is evident that neither the one or the other can concern us, till by ſome Legal way their Power is manifeſted. It is true, about three months ſince, a Citation was publiquely ſet up to ſummon our appearance, but the force of that being lapſt, we are to expect a new one, not onely by the common rules of Juſtice, but their own alſo, who conceiv'd a Citation at firſt neceſſary, and know the former to have been voyded by their own default. Now let the world be Judge, what obligation can lie on any man to leave his occaſions and affairs, to appear, and that under the penalty of impriſonment, before thoſe men he knows not, or at leaſt is not Legally ſuppos'd to know, to have any Authority over him?
But ſhould we be willing to ſacrifice our Honour to a more Chriſtian virtue of humility, and our freedome unto patient ſufferance (as in moſt caſes we may lawfully recede from our ſtrict rights:) Yet would there a greater ſtop to our deſires then any yet mentioned interpoſe it ſelfe, the ſevere law of Conſcience; from whoſe commands neither hope may lead, nor danger force us. Proteſt. May 5. 1641. We are all engag'd by ſolemn proſteſtation before Almighty God to defend and maintain our Lawful Rights and privileges, (in the number of which I am confident I have ſhew'd our exemption from this Viſitation to be:) and hereby our adverſaries are themſelves bound to protect and defend us in whatſoever we ſhal do, in purſuance of6 them: But if this be not of force to us, as it is not conceived to be by them, we have yet a more ſtrict and particular obligation, being ſworn by our reſpective ſtatutes, to allow or ſubmit to no Viſitation, but from thoſe who are nominated by our founders, and enabled by the Kings grant and Patent, confirmed by Act of Parliament, and ſo enlivened to the ſtrength of Lawes.
Thus farre briefly of Privilege and Exemption, I am now to clear a part yet untoucht, but of no leſſe concernment; that is, the neceſſity and want of Viſitation. It being given out by the Out-cries and clamours of our Adverſaries, that we are wholly corrupt and loſt, and not to be redeemed to any thing that's good and virtuous, but by extirpation & ruine. To the malice of which imputations, how uncharitable. ſoever, I can obſerve no return but prayers and ſilence, finding in the general, breaſts neither conſcious of the crimes they are accuſed of, nor revengeful ones towards the perſons of their Accuſers, but cheerfully receiving their many injuries (having for whole years together, been publiquely ſlandered to their faces:) and burying in filence thoſe dark Arts, and ſtrangely falſe ſuggeſtions which have been uſed to procure this Viſitation, commit themſelves to the protection of providence: aſſured either by clearing all Accuſations, or by a Chriſtian ſuffering of whatſoever ſhall be unjuſtly inflicted, to evidence to the world, they are not thoſe monſters that their Enemies Character would ſpeak them: Nor yet men altogether unworthy their Education, or their founders munificence. For my particular, next to the teſtimony of Conſcience, Ambition cannot name unto me a higher note of Innocence, then to be acknowledged as
AS J was Sealing, there came to my hands, the Anſwer of the Ʋniverſity, to the Viſitors Summons, which J here preſent to your view; and doubt not but the Candour and Reaſon, backt by the Authority of ſo great a Name, will adde ſomething of weight and moment to what hath been already ſaid.
WHereas by ſeverall Citations, ſubſcribed, Guiliel. New-houſe Reg. Com. the Vice-chancellour and Proctors (being the Magiſtrates and publick Officers of this Univerſity) have been required reſpectively to appear before the ſaid8 Commiſsioners, ſitting in Merton College. They having imparted the ſame to us, the Delegates of the Univerſity, upon due Conſtderation and deliberate Examination of the Premiſes; We the ſaid Delegates, together with the Vice-chancellour and Proctors, do in the name of the Univerſity, with all humble Reverence to the two Honorable Houſes of Parliament; and all due reſpects to the Perſons, and places of thoſe that are imployed by them, Humbly Conceive, we cannot acknowlege any Viſitor but the King, or ſuch as are immediately ſent by His Majeſty; it being one of His Majeſties undoubted Rights (all which we are bound to defend, as by many legall obligations, ſo by our late Proteſtation) and one of the chiefe Privileges of the Univerſity, (all which we are obliged by divers Statutes, and Oathes, to maintaine alſo) That His Majeſtie, and without Him, none other is to Viſit this Univerſity. And therefore we cannot (as we conceive) without the manifeſt danger of incurring multiplyed Perjuries, ſubmit to this Viſitation, or acknowledge, thoſe now ſent by the Honourable Houſes of Parliament to Viſit us, to be our Viſitors. And as we are perſwaded, That if the weighty Affaires of the Kingdome, would have permitted the Two Honourable Houſes to have taken this Obligation of ours into Conſideration, they would not have thought fit to reduce us to this extremity, either of diſpleaſing them, or doing violence to our owne Conſciences; ſo we beleeve, and hope, that if it ſhall pleaſe thoſe that are imployed by them, candidly and charitably to repreſent to them, this our Anſwer, with the Reaſons thereof, (which we moſt earneſtly deſire them to doe) the Honourable9 Houſes will be pleaſed to admit of this our Anſwer, and ſuffer us in the meane while to enjoy what by the Law of the Land (which is the Birth-right of the Subject) as well as by the Privileges of the Univerſity is due unto us; untill we ſhall be proved to have made a Legall forfeiture of it, before ſuch as are our proper and competent Judges: Before whom we ſhall be alwaies ready to appeare, and to Anſwer whatſoever crimes or miſdemeanours ſhall be laid to our charge.
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