The case of the Vniversity of Oxford: or, The sad dilemma that all the members thereof are put to, either to be perjur'd, or destroy'd. In a letter sent from thence to Mr Selden, Burgesse of the University.

SIR,

THe case of the Ʋniversity of Oxford is by the diligence, and dexterity of those men who were sent downe by the two Houses to visit, brought to a very short issue; and in that present posture I can now, without giving you any long divertisement, or such which is unsute∣able to your employments, offer you a cleare, and di∣stinct view of it, (so far as may render that whole Body, whom you in the House of Commons doe represent the object of your kindnes and compassion) and then onely aske you this farther question, Whe∣ther the destruction that now hath made its approach so neere to us, the Axe which is now laid so close to the root of the Tree, and is alrea∣dy falne a hewing, may by no reason, or remorse be averted, or removed from us.

The onely question which is by these men propos'd to every single person in the Ʋniversity, is, Whether we wil submit to their Visitation, or to the power of Parliament (as they call it) in this Visitation.

That without the Personall Consent of the King to this Commission, (as far as it respects the Ʋniversity in General, and us as members there∣of) we cannot now submit to any Visitation, without incurring the guilt of manifold perjuries. In reference to our Ʋniversity Oathes, we have long since given an Account by way of Plea to these men: That our particular Locall, or Collegiate Statutes, (which define us particular Visitors in our particular Colledges) bind us (under the same most evi∣dent Perjury) to submit to no other Visitation, but that which the Sta∣tutes of each have defined, hath been also the Plea of the Heads of our Colledges, in the name of their severall societies. And for this, and nothing but this, that is, (in plaine words) because they have (with all civility to the two Houses, and to the persons sent by them) refused to incur that damning sin of Perjury, (which hath already helpt to bring such heavy judgements upon this Nation) the Governours of the University are displaced, and some imprison'd, and Master

Reynolds a Visitor put into the office of Vice-chancellour, and into the Deanary of Christ-church, two places of the greatest dignity, and po∣wer) one of the greatest profit in the Ʋniversity. And in like manner the Heads of the Colledges, and the Prebendaries of Christ-church, have many of them already falne under the same punishments, (and the rest expect their turnes) and severall of the Visitors also are put into their places. And now the slaughter hastens to the doore of every of the ancientest, or youngest Student, Fellow Scholar, Commoner, or other member of the whole Ʋniversity & the speed is so great the pur∣suit so vehement, that foure whole Colledges have been in one day sum∣moned to appeare before them, without any delay, to give positive Answer to this one Question, Whether they will submit, or no. By this 'tis apparent to us, that as the state of things now stands, we have an easie, though unhappy choice proposed to us, viz. Whether we will prefer the preservation of our Estates, or of our Soules by admitting perjury or ruine. (And in the making of the choice God hath given the whole University such an uniforme constancy, and contempt of the world, that we heare not of above three men that have considered their profit so much, as to yeeld this submission) And that it may be also apparent to all others, that this is the choice, I shall give you the plaine words of our Oaths, by which we are withheld from submit∣ting, that the Honourable houses may judge, if they please, whether it be probable that Conscience hath by us been hypocritically pretended to destroy our selves, as it hath sometimes been made use of by others for their visible advantages. This I shall set down first, as far as our obligation is founded in our Oathes to the University, and then to our severall Colledges.

The Oath of the University to every man is this. Tu jurabis te ob∣servaturum omnia Statuta, libertates, Privilegia, & Consuetudines istius Ʋniversitatis. Thou shalt Swear to observe all the Statutes, Liberties, Priviledges, and customes of this Ʋniversity. The Schollar answers, Juro, I Swear, and this he renews, and repeats as often as he takes any degree in the University. From hence we conclude, that for any man wilfully to betray any one of the Priviledges, or Liberties (as well as to break the Statutes or Customes of the Ʋniversity) can never be ex∣cused from the guilt and charge of down-right Perjury; for which we must be banished the University, if ever we be called to account for it by any just power. And that one of our Priviledges is, that we be Visited by none but the King, or those that are sent by Him, as we are verily perswaded, so have we never heard of any other title, or

pretension of any (which is thought even by our enemies to have any shew of Ground in our Charters, or Customes against our Plea) save onely that of the Arch-bishop of Canterbury, the Metropolitan; to which our Answer is so cleare, and punctuall, (viz. that in the vacancy of the Arch-bishops Sea, all power that can be thought to belong to him, must needs be acknowledged to divolve to the King the fountain of his power, and so the Arch-Bishop having been long dead, this po∣wer of Visiting us (if any such belong to the Arch-Bishop) must now needs be onely in the King) that we professe never to have heard of any word of satisfaction that hath been offered to this enforcement of our Plea, but are rather told that the Commission for this Visitation comming under the name of our Soveraigne Lord Charles, &c. is a Commission issued out by the King; which as it seems to us an acknow∣ledgement of the truth of all our pretensions; so is it the imposing up∣on us the beliefe of that which we know to be otherwise, having cer∣taine knowledge that the King never consented to the issuing of this Commission, and so having no excuse of ignorance, in case we should yeeld submission to that Visitation (as proceeding from him) which is acknowledged by all to involve us in Perjury, if it come not from him. To this we may adde one obligation more, that as 'tis one of the Ʋniversities Priviledges to be exempt (without all controversie as long as the Arch-Bishops Sea is vacant) from all power but that of the King, so 'tis one of the Kings Priviledges and preheminencies to have this full, and (at this time) sole power over us. And then that branch of the Oath of Supremacie that obligeth all Subjects in these expresse words, [to assist, and defend to our power all Priviledges, and Preeminencies, and Authorities granted, and belonging to the Kings Majesty, or annexed to the Imperiall Crowne of this Kingdome] doth certainly bind us to de∣fend this, as far as it is in our power to doe it.

For the obligations of Colledge-Statutes which name us particular Visitors, and exclude all others from that employment, I shall shorten your trouble, and yet not faile in giving you, and all men a perfect sa∣tisfaction, by setting down a few plain words out of some of them. In the Statutes of New Coll: Magdalen Coll: Corpus Christi, and St. Johns (in each of these without any considerable alteration) these are the words; Statuimus, ordinamus, & volumus, ut liceat D^no Episc: Winton: Dioc: qui pro tempore fuerit, & nulli alii, nec aliis, &c. per se, vel suum Commissarium specialem, quem duxerit deputandum (praeter∣quam per Cancellarium Ʋniversitatis, seu ejus Commissarium generalem, seu procuratores Ʋnivers: oxon: &c. ac praeterquam Custodem, aut ali∣quam

personam nostri Collegii, aut alios quoscunque in Ʋniversitate per unam quindenam anno proximo cum visitationem praecedente Studen∣tes, &c. per quos, aut ipsorum aliquem haec nolumus quomodolibet exer∣ceri) ad Collegii hujus visitationem liberè accederè, & Custodem ac alios singulos socios, &c. nostri Collegii in Sacellum ejusdem convocare.

From whence these few things are distinctly concluded by the Sta∣tutes of those Colledges. 1. That the Bishop of Winchester by himself, or some body deputed by him is the onely lawfull Visitour of those Colledges; and all other person or persons in direct words (nec alii nec aliis, & praeterea nemini) are excluded by the Statutes. 2. That it is not lawfull for the Bishop himself to depute any of those persons which are there excepted, viz. the Chancellour or Vice-chancellour or Pro∣ctours of the Ʋniversity, the Warden or President, or any person of the said Colledges, or any Student in the Ʋniversity, that hath been commorant there fifteen daies in the year preceding the Visitation; by which excep∣tion all those men, which have lately been the onely actors in this busi∣nesse (having now resided ('tis to be supposed studied) here for some time, and now one nam'd, and by them reputed to be Vice-chancellour, others to be Governours of particular Colledges) are made utterly un∣capable of that employment. I shall not need to mention any more, it being cleer that these men are not deputed by that Bishop, and as cleer, that if they were deputed by him, they are not qualified accor∣ding to the Statutes, but expresly excluded by them. Now what is thus ordained by those statutes, every member admitted into those Colledges, is by Oath obliged to observe, and not only involved in per∣jury if he do not, but where other penalties are not named (as in this matter there are not) is liable to the pain of perjury, that is, depriva∣tion of all benefits of his Colledge; which is now become the punish∣ment of none but those who will observe them.

Besides these Oaths which particularly and directly looke to the grand matter of the Visitation, There be many other branches of our Oathes Academicall, and Collegiate, which are most neerly concerned in the present transactions. The Statutes of the Ʋniversity, to the ob∣serving of which our Oaths distinctly bind us, prescribe the manner of Election of Proctours, (of calling and meeting in Convocations, &c.) And therefore whensoever Proctours have bin removed by the KING, the Vniversity-statutes have taken place in appointing the Successours; and those (as the Vice-chancellour also) are obliged to take Oaths, for the discharge of their places according to statute. But all is now done directly contrary to all this. And therefore herein no sworn member

of the Vniversity can think fit, without professing despight to Consci∣ence or reputation, to joyne with them. And so in particular Col∣ledges, the Statutes are punctuall, that after the departure or a motion of any Governour, the Fellowes must proceed within such a time to the election of a new, and he and none but he shall be reputed Warden, President, &c. who shall be chosen by a major part of the Electours. And then he that is chosen must take severall Oathes particularly to govern according to Statute, before any of the muniments of the Col∣ledge may be delivered up to him, or before he enter upon the Go∣vernment, to act any thing in it. And this is established by severall po∣sitive statutes, to the observing of which, all members of Colledges are precisely sworne. And it is evident and acknowledged that no man can be made Deane or Prebendary of Christ-Church (nor ever was since the foundation of the Church) but by the KING's personall consent, and nomination under the Privy Seale, and Broad Seale, by which he is installed; And to him that is thus possest of that Deanary, every Student of that Church is by plaine words of the Oath of his admis∣sion, bound to perform due obedience, &c. All which being now most cleerly violated by not onely Sequestring, but removing the former, and putting in new Governours by force, without Election, or taking of Oathes to the Colledges, it follows that no sworn member of any Col∣ledge can acknowledge any such Governours without wilfull un-excu∣sable perjury. The onely thing that hath yet been offer'd to us to an∣swer the Force, and urgence of all this Plea (and at the presence of which, all mention of our Oaths must vanish presently) is the preten∣ded Soueraigne power of the two Houses to make and abolish Laws and Obligations; which having interposed here, is consequently said to quit us of all these engagements, which formerly lay upon us. But this is so far from removing our scruples, that it is it self a scruple much more hard to us to digest, then the former. For by our having taken the Oath of Supremacy, we have acknowledged that to be onely in the KING; and by our education in this Kingdome, have been brought up in a firm belief (grounded on the known Laws and Customes there∣of) that the power of enacting, and repealing of Laws, belongs not to the two Houses exclusively, but to the KING, with the Consent of the two Houses; and we doe now professe, never to have heard any thing to the contrary, before these times; nor since these times, suf∣ficient to alter our judgments in this particular. And therefore what∣soever question be made of this truth by other men, yet we, whose hearts assure us, that we make no question of it (and consequently

acknowledge, that we do not yet conceive our selves to be freed from any one branch of any of these Oathes) cannot imagine what colour it is possible for the Tempter to put upon this required submission, by which to perswade us, that it might be reconcileable with a good Conscience now, or with any degree of excuse to God or men, or of quiet and tranquillity within our owne breasts at the houre of death, in case we should, on such tearmes as these, submit to this Visitation. And as I thinke I might safely appeale to any Divine in the world as to a Confessour, or Casuist for the stating of this Question, Whether it were lawfull for us to submit, supposing our many Oathes confestly bound us to the Contrary, and that we are verily perswaded, that those Oathes are in full force upon us, and as confident that the two Houses could not dispence with them, nor take off the obligingnesse of them; So would I likewise appeale to any man living that ever pretended to assert either the Li∣benty of Conscience or propriety of goods, Whether we ought in this case to be turn'd out of our free hold, to the utter undoing of so great a multitude for no other crime but this of not submitting, when that is nothing else but the following the dictates of our Consciences informed and regu∣lated by the known Laws of the Land. Having given you this short view of our state, which (as 'tis told us assuredly by the Visitours) is suddenly to bring a perfect vastation on this Vniversity, I cannot but thinke it my duty to the publick (which is now so disabled from mee∣ting in a body, that it cannot make any formall addresse to you) to lay this representation before you, and to desire by your assistance it may yet be resumed into consideration, Whether it will be for the ho∣nour of Christian Religion, or of the Pretestant profession, that our bare demurring or refusing to submit our selves to the grossest and most un∣question'd perjuries, should be voted by your Committee to be an high contempt of Authority of Parliament, and such punishments assign'd thereto, which, if inflicted impartially, must necessarily leave no one Scholar of what quality soever in this Vniversity (which is of age to have taken Oathes of admission to the Ʋniversity, or to any particular Colledge) which shall not appeare to all men avowedly and confestly periur'd, and lyable to all the shame and penalty, that by Law belongs to that crime, whensoever any man shall be willing to prosecute it against him. We hope this representation may produce some other counsels; if not, we shall most cheerfully perish in our integrity. And in the meane time, in the name of our broken Body, these few lines are designed to acknowledge your favour, and to subscribe our selves

Your &c.