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pro tempore eligi contigerit quam primum sic electus fuerit hujusmodi electus eo ipso confirmatus censeatur. Nec idem Cancellarius sic electus ad obtinendum confirmationem electionis de se factæ ab episcopo Eliensi vel quocunque alio sit astrictus aut quocunque modo valeat coartari districtius inhibentes venerabili patri nostro episcopo Eliensi qui nunc est et successoribus suis epicopis Eliensibus qui erunt pro tempore ne universitatem aut cancellarium prædictum contra hujusmodi nostri statuti et ordinationis tenorem de cetero impetere seu molestare quoquo modo præsumant apostolicis et provincialibus et sinodalibus constitutionibus necnon prædictis et aliis statutis et consuetudinibus ac aliis contrariis
non obstantibus quibuscunque. Nos insuper ex nunc irritum decernimus et inane si secus super hiis quoquam quavis auctoritate scienter vel ignoranter contigerit attemptari."
The Archbishop of Canterbury also claimed the right of visiting the University, and exercised this power as late as 1401. But all doubts upon these points were finally settled by the PROCESSUS BARNWELLENSIS*. Martin V., by a Bull bearing date the 13th year of his pontificate, 1430, in compliance with a petition from the Masters and Scholars, authorized the Prior of Barnwell and John Depyng, a Canon of Lincoln, to inquire into their rights, and gave power to both, or to one of them, to hear evidence and decide respecting the authority of former Bulls and the accustomed privileges of the University. The parties met before the Prior in the Con
* A copy of this process, and of all the Pope's bulls concerning the University, are in MS. cvi. 43, 44, and also in the BLACK BOOK belonging to the University.
ventual Church at Barnwell, William Wrawbye acting as Proctor for the University. He called witnesses to prove, that from time immemorial the Chancellor of the University had exercised uninterrupted authority over all members of the body. The first witness called was JOHN DYNNE, aged seventy-nine, "of free condition and good fame," who, having been sworn, stated that to his knowledge, for sixty years, various Chancellors had exercised their power without interruption. Seven other witnesses deposed to the same facts, but for a shorter period. The apostolical letters of John XXII. and of Boniface IX., various muniments and statutes, and copies of the Bulls of Honorius and Sergius, were exhibited. The Prior came to the conclusion that, according to the Papal Bulls and custom, no archbishop or bishop had any ecclesiastical or spiritual authority within the University, but that these powers were vested in the Chancellor*. And his decision was confirmed by a Bull of Eugenius IV. in 1433, the third year of his pontificate, (Martin V. having died during the Processus Barnwellensis) in which he recapitulates the Bulls of Honorius and Sergius. Although the authority of the Vice-Chancellor was thus fully established, an account will be found (page 12,) of an attempt made by West, Bishop of Ely, in 1529, to reestablish his episcopal power over the University. His
The Vice-Chancellor still professes to retain part of this authority committed to him by the Pope, as at the conclusion of each term he pronounces the following absolution in the Senate House:
"Authoritate nobis commissa nos ABSOLVIMUS vos ab omni levi negligentia, forisfactione, seu transgressione statutorum, privelegiorum, et consuetudinum, et DEO ET SACRAMENTIS ECCLESIÆ VOS RESTITUIMUS. "In nomine Patris et Filii et Spiritus Sancti. Amen."
Chancellor, Dr. Cliff, who was a member of Clement House, was excommunicated by the Vice-Chancellor for the part he took in the business; and, upon the matter being referred to Cardinal Wolsey, was forced to make his submission to the Vice-Chancellor on his knees, and "meekly taking his absolution," was relieved from any further penance, and, at the intercession of the Cardinal, restored to his place and degree in the University.
Prior to the reign of Edward VI., the University was governed by certain byelaws or graces (as they are generally termed), passed by the body as the occasion required. These laws, being entered in the Proctor's book, became the Statutes of the University. From the following graces, the former of which bears date not later than 1303, we are led to conclude, that in the earliest state of the University the Chancellor possessed the right of making laws, which right at that period was transferred to the whole Senate, and the power of the Chancellor restricted:
DE MODO STATUENDI.
Auctoritate totius universitatis Cantabrigiæ tam regentium quam non regentium ordinatum est quod in statuendis rebus et negotiis utilitatem communem dicta universitatis concernentibus solum illud pro statuto habeatur quod de consensu majoris et sanioris partis dictorum regentium et de consensu non-regentium fuerit statutum per decretum salvo regentibus exercitio statutorum nonregentibus non reservatorum cum dispensatione super eadem.
DE OFFICIO CANCELLARII QUOD NIHIL INNOVET. Cancellarius nihil novi sine consensu majoris et sanioris partis regentium et sine consensu majoris et sanioris partis non-regentium statuere præsumat sed ea quæ statuta sunt intendat efficaciter custodire.
These ANTIQUA STATUTA relate chiefly to the forms of seeking and obtaining degrees; to the mode of election, and the duties of the officers of the University; to matters of discipline and forensic causes. They were arranged in no order; and, as every change of circumstances was met by a fresh law without any repeal of former ones, they became a mass of confusion, and were frequently contradictory of each other; so as to justify the epithets of "antiquated, semi-barbarous, obscure, and unintelligible," applied to them by Edward VI.*
When Henry VIII. abolished the authority of the Bishop of Rome in this kingdom, or, more properly, usurped that authority to himself, he sent Cromwell, who was Chancellor of the University, as bearer of certain injunctions from his Majesty; and of his own authority as Head of the Church invested his deputy with full power to visit and reform the University: the tenor of the King's mandate is: "Has leges et injunctiones hujus universitatis Cantabrigiensis cancellario et vicecancellario, doctoribus, magistris, baccalaureis, studentibus, et scholaribus quocunque nomine vel dignitate honore gradu sive præeminentia insignitis ordini sive cætui Cantabrigiensi universo suprema nostra auctoritate regia in hac parte tam jure
divino quam humano nobis commissa jam tulimus et proposuimus quas ad Dei Maximi gloriam et nostræ celsitudinis honorem veræ virtutis exemplar et divini cultus incrementum excogitavimus et conscribi fecimus sigillique nostri quo ad causas ecclesiasticas utimur appositione roboravimus: reservantes præfato cancellario nostro Thomæ Cromwell cancellario vestro et visitatori generali sive nostro aut ejus in ea parte surrogato cuicunque potestatem alias injunctiones indicendi necnon fundationes chartas donationes statuta privelegia vel exemptiones sive ordinationes hujus universitatis quascunque et bullas et alia papistica munimenta examinandi et discutiendi cæteraque pro ejus arbitrio faciendi prout ejus discretioni judicio et experimento de quibus plurimum confidimus melius videbitur expedire. Quæ omnia et singula injunctiones et mandata a cancellario vice-cancellario doctoribus magistris baccalaureis et aliis prædictis studentibus sive scholaribus in hac universitate quibuscunque respective inviolabiliter observari volumus sub pœna privationis dignitatis beneficii stipendii seu exilii ab hac academia."
But nothing was done at this visitation towards any reform of the statutes of the University. The only objects dear to the King at this time were the extirpation of the papal usurpation, the establishment of his own authority in ecclesiastical matters, and the confirmation of his marriage with Anne Boleyn. He had no wish to remove any of the other abuses of popery, as may appear from one of the injunctions given to the University upon this occasion: "Item volumus et mandamus quod omnes præpositi et magistri custodes scholares ac studentes in hac universitate pro animabus fundatoris universitatis ac