selves by petition to pope Martin the 5th, who did make a commission delegate to the prior of Barnwell and John Deeping, and to either of them, to enquire, etc. The prior takes upon him the execution of the commission; the University in the regent house make a proctor under their common seale; there are seven witnesses examined, who speak for the time of their memory, some of them for sixty years, that by all that time the chancellour of the University had exercised ecclesiasticall jurisdiction within the University; and names Richard Scroop and eleven others chancellours of the University; and that no archbishop or bishop did interpose; and doth instance in Dr. Fordham, bishop of Ely, coming to Cambridge with an intention to visit the University, when he understood of the privilege of the University, he did supersede; sith thence that prosecution there have been fourteen archbishops of Canterbury and sixteen bishops of Ely, and none of them have visited the University, notwithstanding they have visited the diocess and province.

4. Fourthly, not insisting upon sundry ancient charters of former kings, king Edward the Second, anno the 11o of his reign, writes to pope John the 22d, for confirming the ancient priveledges which the University then used, with augmentation of new priveledges, the which is in the Tower of London, and was under the great seal of England. And 22o Maii, 16 Edwardi 3tii, that king directs his letters patent to the archbishops, bishops, and all other ecclesiasticall persons by way of prohibition, that scholars should not be cited into ecclesiasticall courts out of the University; and anno 6to Henrici Quinti, when a commission was granted for the enquiring and correcting of hereticks, according to the statute of 2 Henrici Quinti, there is this clause, Nolumus tamen quod aliquis vestrum de aliquo præmissorum, quæ per privilegia et libertates Universitatis per cancellarium ejusdem Universitatis solummodo corrigi et

terminari debent, colore præsentis commissionis nostræ in aliquo intromittatis.

In the letters patent of king James of blessed memory, in March 200 of his reign, he first declares his intention to confirm the priviledges and customs used in the University; 2dly, he doth in express terms confirm the jurisdiction, as well spirituall as temporall, the priveleges, quittances, and exemptions, not only by the grants of his progenitors, vel aliarum personarum quarumcunque, but also prætextu aliquarum chartarum, donationum, consuetudinis, præscriptionis; and 3dly, grants that the chancellour, and in his absence the vice-chancellor, shall visit colleges which have no special visitor which charter is also ex mero motu et certa scientia.

5. It appears by the statute of 25° Hen. 8vi, caps. 19 and 21, that albeit the supremacy in causes ecclesiasticall be resumed to the crown from the pope, yet no part of that power (which the pope, or the archbishop of Canterbury as his legate, in any wise ever had) is invested in the succeeding archbishops. But it is especially provided in the case of monasteries, colleges, etc. 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 statutes of the 31st Hen. 8vi, in a proviso therein contained, the bishop and archbishop have a power given unto them over monasteries, colleges, etc., which before were immediately subjected to the pope; but that enlarging the power of the archbishop doth extend only to religious houses dissolved, it doth not extend to the University. And the statute of 1mo et 2do Phil. and Mar. cap. 8°, repealing the statute made against the popes supremacy, and giving power to the archbishops, etc. to visit in places exempt, hath a speciall proviso thereby not to diminish the privi

leges of the Universities of Cambridge and Oxford, nor the privileges granted to the church of Westminster, Windsor, and the Tower.

There is no new power given to the archbishop by the statute of 1mo Eliz. cap. 2; and this appears evidently in the last proviso (within two) therein, touching his visitations. For if he will visit, he must by having jurisdiction, and he must visit only within his jurisdiction; and the power is also given to ordinaries within their jurisdictions.

6. Sixthly, precedents and examples in the very point wherein, not to insist upon the precedent of any archbishop before the time 26° Henrici Octavi, inasmuch as, the pope being then reputed the supreme head of the church, and the archbishop of Canterbury having a legatine power, his acts are not to be examples to the succeeding archbishops, who have not any power in the point in question touching visitation from the pope; but what has been done sith thence is most materiall, and that time hath taken up above 100 years, which, by the canon law, is accounted not only tempus antiquum, but tempus antiquissimum. (1.) The first visitation of the University sithence that time was 27° Hen. 8, when the lord Cromwell was chancellor of this University, and the same was by commission under the great seal of England to the lord Cromwell, the chancellour, and others, according to the aforesaid statute of 25° Hen. Svi. (2.) The second visitation was 3o Edw. 6ti; and, as it doth appear by the letter of the duke of Somerset (the then chancellour of the University) unto the University, that visitatio regia was by reason that he was moved by the letters of the University to send visitors. (3.) In the 3d and 4th years of the reign. of king Phillip and queen Mary (the pope being restored to his usurped power), cardinal Pool did visit the University; but it appears in the process that it was a legation by commission from the pope; cui papa commisit visitati

onem et reformationem studiorum generalium; which clause, together with the proviso in the said statute of 1mo and 2do Phillip and Mary, proveth that this visitation was not auctoritate metropolitica. (4.) And lastly, there was a royal visitation, anno 1mo Eliz., by commission under the great seal to sir William Cecyl, then the chancellour of the University, and to others. The queens letter before the said visitation to sir William Cecyl is: Because the chief order and governance of our University of Cambridge appertaineth to you, being the chancellor of the same, etc. we have thought meet to will you in our name to give signification that we mean very shortly, with your advice, to have the same visited by some discreet and meet persons.

[See the privileges of the University of Oxford in point of visitation, class 14, 5, 12, Biblioth. publ. See Rushworth's Collect. par. 2. p. 324, 325, etc. v. app. See the king's visitational power asserted by Dr. N. Johnston, p. 252, 253, 257, 258. See Frankland's Annals, p. 472, etc. See a book in the register's office, entitled the Ecclesiasticall Jurisdiction of the University.— BAKER.]

THE VICE-CHANCELLOR TO THE ARCHBISHOP.

[From MS. Harl. no. 7033, fol. 162.]

To the right reverend and most honourable father in God, the lord archbishop of Canterbury his grace, primate of all England and metropolitan.

RIGHT reverend and most honorable father in God: my most humble duty and service first premised, last night I received your graces letters, which I opened this day in the presence of the heads, wherein we finde that your grace conceyved some delay on oure partes, in that no answere had been made by us touching your metropoliticall visitation. I am confident that your graces goodness will clearly acquite me herein of the least neglect of my due observance, when your grace shall be pleased to be in

formed that I came to my place after the middle of the last terme; that the answere we were to make did depend upon a multitude of recordes, charters, and ancient instruments, in perusall whereof counsell at lawe had been employed little more then one day in the time of my predecessor, and nothing then prepared in the order which was fitting to be presented to your grace.

Besides, at my entrance I found only a collection made by our register, without assistance of learned counsell; and it was generally conceyved necessary that our records should be viewed and perused by our selves, and our counsell be advised withall on each particular. Our counsell being then at London in terme business, neither the place was convenient for us in regard of the sending up of our records, nor the time fitting for them by reason of their occasions. After the end of the terme, I forthwith procured our former counsell to proceed in what they had begunne; and before the receit of your graces letters, I and the rest of the heads of the houses joyntly had agreed upon our answere. Our humble suite is, that your grace will be pleased to believe that none of us in our particulars did ever decline your graces service (whose commands we shall be ever ready to obaye); but the obligation of our oathes, and the honorable directions of our noble chancellor, with your graces allowance, made us depend upon the judgment of such learned counsell as my predecessor had formerly imployed. Thus, relying on your gracious favour, and assuring your grace of my willingness to be obedient to your graces commandes in this or any other service, I rest in all duty your graces most humbly devoted,

Cambridge, 20 December, 1635.

HEN. SMYTH, procan.

Endorsed thus: Recep. Decemb. 24, 1635, from Dr. Smith, vicechancellor of the University of Cambridge.

The seal of the University affixed, and yet entire.