AN ACCOUNT OF Mr PRYN'S REFUTATION OF THE University of Oxford's Plea. Scent to a Friend in a second Letter from OXFORD.   seal of the University of Oxford 
ACADEMIA OXONIENSIS  SAPIENTIA ET FELICITATE 
Printed in the year, 1648.   

An Account of Mr. Prins Refutation of the University of Oxford's Plea.  
SIR,  
IN your last you seem to wonder at, and accuse our silence, in that neither I, who am more particularly concerned, nor any one else amongst us hath all this while answered those Papers of Mr. Prin's, which he hath set forth against my Letter of the Privileges of the University, so that we may be thought, either hitherto unjustly to have claimed those Privileges, or at least by not vindicating them, to be guilty of the neglect of them ourselves, and so to lie under the same crime, which we charge upon others. True it is, Sir, some there are, that may interpret it as an Argument of the badness of our Cause, (which our friends, perhaps, will impute to the negligence of our Patroness) Such especially, who being prepossessed with passions and interests, easily suffer the balance of their judgements to be weighed down with Mr. Prin's Answers, which though of themselves very light, and of no weight, yet having the advantage of men's particular hopes and fears added to them, may turn the scales. Yet, I shall show you that we neither want a good Cause, nor are wanting to it, where there is any considerable opposition made against it. And to this purpose for your and others satisfaction, I shall give you a brief account (not troubling myself to set down, or you, to apply Answers to his several pretensions (as being unwilling to engage myself in an unnecessary service) I say it shall be my task to give you the reasons) why we answered him not. And when I have done this, I make no question, but 'twill be thought sufficiently answered, even by our not answering of him, and our silence will seem the best Confutation.  
These reasons, that you may have the less trouble, may be reduced to two Heads, The one taken from his particular performance in this his Answer: The second from the general reputation this man hath among us.  
For the first, the particularity of his performance in this his answer, I shall be able, I think, to contrive all that is necessary to be said into few words.  
1. That the whole supellex of matter out of Books and Records which he there makes use of, came to his hands from the invaded sequestered papers of my Lord of Canterbury, and are, with some others of Lord Cott. etc. the greatest part of the substance on which he hath lived, and wrote books without number for these six or seven years. 2. That these are but the notes of his Lordship's Counsel, and the story of the passages of that debate at Hampton-court about the Archiepiscopal power of Visiting the Universities. Wherein 'tis acknowledged, that the King, as things were then represented, did judge on the Arch-Bishops side. And though I might say to that matter, 1. That the opinions of learned men did not all agree that the Arch-Bishops pretensions were true, till the King, who was acknowledged to have power to endulge or restore that privilege to him, was pleased to judge on his side, and so to instate him in the power: And 2. That the University of Cambridge is affirmed to have been resolved to traverse that plea, and try it again, before they would submit to that Visitation: And 3. That even Oxford itself, which was so much obliged to that Archbishop, did plead against it, and conceived it an invasion of their Privileges, yet shall I not have the least need to look this way, in rendering the reason why we did not think fit to answer Mr. Prin; but only observe from hence, that what Mr. Prin hath brought, being all gathered together on that one design to make good the Arch-Bishops Visitation, cannot be imagined to give a full impartial view of the whole matter, the King's right of Visiting (which is now our whole matter of enquiry) being not so much as questioned, or debated in those notes from whence all M. Prins stock is borrowed.  
In the third place, I am willing to pass over M. Prins mistakes in making use of these notes; yet can hardly choose but give you a taste, by mentioning one of them, as Pag. 36. where instead of the Arch-Bishops Visiting jure ecclesesiae suae Metropoliticae, & non per potestatem legatinam he reads in perfect current nonsense, & non per potestatem legitimam, wherein if a man should take his word, he must be bound to confess, that what the Archbishop doth in this or the like Visitation, is not by any legal or legitimate power, which to have done, shall at another time, perhaps, when it will serve M. Prins turn, be an invasion of the fundamental laws and liberties of the Subject in the Archbishop. A mistake about the pitch of that which I have heard mentioned of him in his Rome's Masterpiece, where he renders these words [Judicavimus actutum favorabile sese interposuisse numen] [We judged that a safe and favourable deity had interposed itself] as if actutum were cut asunder into ac and tutum, and the copula ac construed, as if it were after, not before tutum. And another of the same mould was long since his translation of voluntas Dei beneplaciti in the Lambeth Articles, by the will of the well-pleased God, or somewhat, I remember, to that purpose.  
In the fourth place, I shall not need dispute the truth of any or all his allegations, but from all together deduce this state of the business between us: That to the right of Visiting the University, Four pretenders there have been at several times. 1. The Bishop of the Diocese. 2. The Archbishop of the Province. 3. The Pope and his Legates. 4. The King, and those which were enabled thereto by Commission from him. The Bishop's rights and claims are long since laid down, all that looks that way, being so many years past, as the times whilst this place was in the Diocese of the Bishop of Lincoln, and 'tis a strange argument by which Master Prin concludes the contrary, viz. [That his jurisdiction continued till the 12. year of King Charles] because, saith he, in the King's Decree at Hampton-court, there were these words, [Declaramus quod universitates praedictae per Episcopos & Archidiaconos in posterum non visitentur, p. 40.] as if the writing in posterum in great letters, were sufficient to conclude that 'twas so till that time: Whereas 'tis clear by the Decree, p. 38. that that was a caution put in, in just care of the University, that this sentence, or declaration of the Archbishop's right, should not in futuro extendi ad Episcopos, etc. and so farther prejudice the University. Then for the Popes and his Legates that never was acknowledged since the abrogation of all foreign jurisdiction here in the Reign of Hen. 8. and is clearly excluded by several Statutes of the Land. As for the Archbishops Rights they have been urged, and pleaded, and opposed, and yet perhaps prevailed sometimes against the pretensions of the Universities exemption. And because I will not speak of anything that may bear a Controversy, I will not examine the truth of that, whether the Archbishop had that power or no, which he appears by some Records sometimes to have exercised; but being content for once to take all for granted which can possibly bear a dispute, I shall only add that it is also clear, 1. That Archbishop arundel's visitation (which is the main pregnant Testimony in that matter) was part of his 
a Cancellario Universitatis Cantabrig: Eliensis Dioecesis, nostrae. Provinciae Cant. p. 14. Nos in progressu visitationis nostrae Metropol: in dictâ Dioecesi exercendâ vos & dictam Universit: etc. ib: Custodi Coll: Trin: Cant: Eliensis Dioecesis. p. 17.  Provincial visitation, taken in as any other Parish in the Province. 2. And by consequence that it was an Ecclesiastical visitation, and such as the Bishops of the Diocese had also before the University was exempted from them, and this will appear by the mentions of 
b Facturi & recepturi quod Canonicis convenit institutis, p. 17. & obedientiam recepit Canon: Ib: receptâ obedientiâ Canonicâ & singulis, etc. quae in visitationibus cjusmodi de jure fuerint requisita. p. 20.  Canonica instituta, & obedientia, by the express mention of jure suo metropolitico, and in formâ juris Ecclesiastici, by which his visitation was performed; and if against this it be objected that it extended to the visiting the University, as an University, yet all that can be argued from thence is only this, that the Ecclesiastical power was then farther extended, than it hath been since the restraints (as partly appears by this, that till Henry the eights time the Founders being Laymen did generally appoint Bishops to be the Visitors of their Colleges) not that it was a civil jurisdiction, and so this belongs not, nor can with any colour be applied to the Visitation now spoken of, which hath by the Commission power to hear and determine of breaches against the Laws of the Land, etc. and so is perfectly civil.  
4. That whatsoever jurisdiction or power of visiting was, on is in the Archbishop of Canterbury, doth in time of vacancy reside in the King, and consequently, that since Mr. Pryn and his friends have been so successful in their endeavours, as to leave that Chair void so long, 'tis not imaginable that any such power, pretended to belong to the Archbishop, should be any where now but in the King. And so still all this refutation of our Plea apparently belongs nothing to it, because supposing all to be true that is here pretended (of the Archbishops power, when there was an Archbishop) yet when Episcopacy itself is by him that refutes us, acknowledged to be taken away, and to us, that acknowledge not that, yet 'tis visible that there is no Archbishop of Canterbury living, nor pretence of Commission from him, but on the other side that all his power in the vacancy is divolv'd to the King, 'tis then about the pitch of one of Mr. Pryn's arguments, i.e. little less than fury to pretend against the King's sole Visitation (at this time asserted by the University) only from this proof, that there was once in the Archbishop some kind of right of some kind of Visitation.  
The three former pretensions being thus plainly superseded, the Bishops and the Popes in integrum, and confestly, and the Archbishops so also at this time, when there is no Archbishop of this Province, nor divolution of his power, in this matter, to any but the King, It follows 1. that the 3 first things which Mr. Pryn undertakes to prove, [1. That the University was anciently under the Jurisdiction of the Bishop of Lincoln as Dioecesan, 2. That it was till this Parliament under the jurisdiction and visitation of the Archbishop of Canterbury as Metropolitan. 3. That the Pope by his Legate hath visited both the Universities] are directly and visibly fallen to nothing; and for the 4 thing, That there be particular Visitors of Colleges appointed by the Founders to whom the visitation of those belongs, and not to the King only, that is as little to this purpose (unless it be to prove that they may not in that other respect submit to this visitation) The debate or question being only of the University, which is a several Corporation and Foundation distinct from the several Colleges: and so likewise for the 5, [That the Universities exemptions were procured from Popes, and not from Kings of England] That, if it were granted, is as of little force to conclude against us, because the exemptions which he means were only exemptions from the Archbishops Metropolitical visitation, from which if we pretended no exemption at all, yet were we in as good an estate as we would wish for our present plea, because now in the vacancy that Archiepiscopal is swallowed up in the King, and when it was in the rivulet, was yet always (since the Reformation) content to acknowledge this fountain.  
And then secondly, it follows as naturally as any thing can, that the King's pretention remains the only one imaginable at this time; and against that, (or for any other at any time but the Archbishops) there is no appearance of plea or proof so much as offered by Mr. Pryn. All which we that saw, could not permit ourselves to be provoked by the shallowness of that one proof (from the pretended Archiepiscopal power) to embroil ourselves in any farther contention, or to think his refutation worth refuting, any more than (we are told) the Committee themselves would hearken to it, when he offered that to their ears which here he hath done to our other sense. Nor should I now have said thus much to it, did I not submit to your judgement (who demand it of me) blindly, and to the denying of my own.  
Now for the second, the general reputation this man hath among us, If we behold him (not as a man, or as one degraded by this University, but) as a Writer, and view him as he is drawn out by himself in his Books, we look upon him as one from the beginning very confident and ready to undertake and manage any Cause in any faculty, and to maintain it by what Arguments he pleaseth, having a strange dexterity wherein he goes beyond all the Artificers of the age, to prove his conclusion by medium's most directly contrary to it, and to disguise his greatest enemies into as fair a set of correspondents and friends, as he hath any; to deal with Objections as ill habits of body do with Physic, turn all into the nourishment of the prevalent humour. Such Topics he used, when from my Lord of Canterbury's Diary, he resolved to conclude his reproach and infamy, and gather thence a sufficient matter for a Charge to invade his reputation, if not his life; Whereas, in all the important and considerable parts of that, it breathes out nothing but a most sweet favour to all that read it, so far that an Independent long since challenged Mr. Pryn to show any Presbyterian alive comparable to that image there naturally drawn of that Prelate; so hath he converted honey into poison, and hath sought to blast, at least to taint this garden of spices with that venom he sucked thence, and that poison which was his own foam he drops upon the flowers, and would have the Reader believe 'twas bred there. I shall trouble you with but one instance more (in stead of as many in the Bullion as he hath written Volumes, or in the coin almost as there be leaves in those volumes) & that is out of a Book of his, entitled, ROME'S MASTERPIECE. And because the reputation of those, who ought to be most precious to us, is so much concerned in it, I will give it you a little at large. The subject of that Book is some Letters sent by Sir William Boswell's care to the Arcbb: of Canterb: wherein he tells him of a deep Plot to bring in Popery into this Kingdom, and mentions the principal Agitators of it; Senior Con the Pope's Legate, and divers others, what ways they went to bring about their design, and as matters grew on, what resolutions they had taken up. And in brief he that shall read the Letters with his own eyes, and not through Master Pryn's spectacles, and, laying aside his Comment, look impartially on the Text, will clearly discern these two special truths there, 1. That the Papists were fully satisfied that there was no working upon the King to gain His Consent, and therefore resolved that He should be taken out of the way, presuming that they might then, through the better affections of the Queen, and the tender age of the young Prince, with more ease compass their purpose. 2. That the Archbishop was to be dealt with in the same manner, being so obstinate in his way, that Senior Con could never in all his time get liberty of any access to him, or once to enter any Discoursse with him, (which particular is most notoriously known to be true by all that knew either the Court or Lambeth at that time.) These two things I say (of the King's impregnable resolution to keep to the Protestant Religion, and my Lord of Canterbury's obstinacy in the same so far as never to admit any Discourse with Con) being every where visible in those Letters, and the foundation on which the bloody designs concerning them were built. Yet hath it been in Master Pryn's power by one slight of hand to conclude the direct contrary to both these in the midst of the whole story that affirms them. For being to translate these words of one Letter [Subolfecit interim Cunaeus ab Domino Archiepiscopo regi sidelissimo totum animum regium esse pendulum, etc.] he makes a comma after sidelissimo, and then renders them after this manner. In the mean time Cunaeus (i.e. Con) smelling from the Arch bishop most trusty to the King, that the King's mind was wholly pendulous (or doubtful) etc. and in the Margin inserts his conclusion from thence, that the Archbishop and he had some familiarity and acquaintance at first, and leaves the Reader to learn from his Translation, that the King's mind was wavering and pendulous, and (as he puts in) [doubtfully] that is sure in matters of Religion. Whereas the most clear undoubted rendering of the words is only this, that Con discerned that the King's mind depended wholly upon the Archbishop, which be it true or false (all that is said is, that Con's sagacity had found it out) hath nothing in the earth to either of those senses. This particular you may think hath little to do with the busmesse we have now in hand about the Oxford privileges, and I confess it hath not, but yet very much to that which I have undertaken to prove, that the reputation of his writings hath been such, that it might excuse any man from the pains of answering him; For certainly had it not been resolved (ever since Master Noy promised to give John tailor's Works to bear Master Pryn's company in Lincoln's Inn Library) that his Books went for nothing, his proofs for no arguments, his affirmations for no testimonies, such a forgery as this would never have been permitted thus long to have gone undiscovered. This I confess to be none of my own observing (for truly I have not had so many hours to spare, as to play any of them away upon Master Pryn's works, till this last of his came out, wherein I was obliged to think myself concerned) but have heard it so punctually mentioned by a worthy Doctor in this town, who did observe it, that I am confident it will be found to be a true relation, and that my memory hath not failed in this account of it: I love not longer to insist on things that are personal to any man, and therefore shall add no more, as to this first particular, nor indeed should I have said so much, but that it was the prime plain reason, which I discerned really to move men to think it unfit to answer this Book, merely because it was Master Pryn's; whom I think no man among us ever vouchsafed to answer since the beginning of his writing against this Church or Monarchy, but only Mr. Widows a man by the strangeness of his parts fitted as 'twere on purpose to duel with him (as Donquizote with the windmill which no man else was Knight errand enough to encounter) about the bowing at the Name of JESUS. 
Ut non Compositi molius cum Bitho Bacchius.   
And now Sir that I may not seem to have designed any thing but obedience to your commands, or to desire in you, or any other, any thing but strict ordinary justice, whilst you pass your judgement in this matter, I have thrown down all I had to say as rudely and slovenly as I could, and by that means delivered myself from the danger of incurring you displeasure again for having considered style or language in my last Letter, which yet had no other aim then to approve myself,  
Sir, Your obedient servant, Basilius Philomusus. Oxon. Jan. 20.  
The End.