THE CASE OF THE UNIVERSITY OF OXFORD: OR, The sad Dilemma that all the Members thereof are put to, either to be perjured, or destroyed.  
In a Letter sent from thence to Mr SELDEN, Burgess of the University.  
ACADEMIA OXONIENSIS  SAPIENTIA ET FELICITATE  blazon of the University of Oxford used as a printer's device 
Printed in the Year, 1648.   

SIR,  
THe case of the University of Oxford is by the diligence, and dexterity of those men who were sent down 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 unsuitable to your employments, offer you a clear, and distinct view of it, (so far as may render that whole Body, whom you in the House of Commons do represent the object of your kindness and compassion) and then only ask you this farther question, Whether the destruction that now hath made its approach so near to us, the Axe which is now laid so close to the root of the Tree, and is already fall'n a hewing, may by no reason, or remorse be averted, or removed from us.  
The only question which is by these men proposed to every single person in the University, is, Whether we will submit to their Visitation, or to the power of Parliament (as they call it) in this Visitation.  
That without the Personal Consent of the King to this Commission, (as far as it respects the University in General, and us as members thereof) we cannot now submit to any Visitation, without incurring the guilt of manifold perjuries. In reference to our University Oaths, we have long since given an Account by way of Plea to these men: That our particular Local, or Collegiate Statutes, (which define us particular Visitors in our particular Colleges) bind us (under the same most evident Perjury) to submit to no other Visitation, but that which the Statutes of each have defined, hath been also the Plea of the Heads of our Colleges, in the name of their several societies. And for this, and nothing but this, that is, (in plain 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 helped to bring such heavy judgements upon this Nation) the Governors of the University are displaced, and some imprisoned, and Master Reynolds a Visitor put into the office of Vicechancellor, and into the Deanary of , two places of the greatest dignity, and power) one of the greatest profit in the University. And in like manner the Heads of the Colleges, and the Prebendaries of , have many of them already fall'n under the same punishments, (and the rest expect their turns) and several of the Visitors also are put into their places. And now the slaughter hastens to the door of every of the ancientest, or youngest Student, Fellow Scholar, Commoner, or other member of the whole University & the speed is so great the pursuit so vehement, that four whole Colleges have been in one day summoned to appear 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 easy, though unhappy choice proposed to us, viz. Whether we will prefer the preservation of our Estates, or of our Souls by admitting perjury or ruin. (And in the making of the choice God hath given the whole University such an uniform constancy, and contempt of the world, that we hear not of above three men that have considered their profit so much, as to yield this submission) And that it may be also apparent to all others, that this is the choice, I shall give you the plain words of our Oaths, by which we are withheld from submitting, that the Honourable houses may judge, if they please, whether it be probable that Conscience hath by us been hypocritically pretended to destroy ourselves, 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 Oaths to the University, and then to our several Colleges.  
The Oath of the University to every man is this. Tu jurabis te observaturum omnia Statuta, libertates, Privilegia, & Consuetudines istius Vniversitatis. Thou shalt Swear to observe all the Statutes, Liberties, Privileges, and customs of this University. The Scholar 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 Privileges, or Liberties (as well as to break the Statutes or Customs of the University) can never be excused from the guilt and charge of downright 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 Privileges is, that we be Visited by none but the King, or those that are sent by Him, as we are verily persuaded, so have we never heard of any other title, or pretention of any (which is thought even by our enemies to have any show of Ground in our Charters, or Customs against our Plea) save only that of the Archbishop of Canterbury, the Metropolitan; to which our Answer is so clear, and punctual, (viz. that in the vacancy of the Archbishops 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 Archbishop having been long dead, this power of Visiting us (if any such belong to the Archbishop) must now needs be only in the King) that we profess 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 coming under the name of our Sovereign Lord Charles, etc. is a Commission issued out by the King; which as it seems to us an acknowledgement of the truth of all our pretensions; so is it the imposing upon us the belief of that which we know to be otherwise, having certain knowledge that the King never consented to the issuing of this Commission, and so having no excuse of ignorance, in case we should yield 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 add one obligation more, that as 'tis one of the Universities Privileges to be exempt (without all controversy as long as the Arch-Bishops Sea is vacant) from all power but that of the King, so 'tis one of the King's Privileges and preeminencies to have this full, and (at this time) sole power over us. And then that branch of the Oath of Supremacy that obligeth all Subjects in these express words, [to assist, and defend to our power all Privileges, and Preeminencies, and Authorities granted, and belonging to the King's Majesty, or annexed to the Imperial Crown of this Kingdom] doth certainly bind us to defend this, as far as it is in our power to do 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 fail in giving you, and all men a perfect satisfaction, by setting down a few plain words out of some of them. In the Statutes of New Coll: Magdalen Coll: Corpus Christi, and St. john's (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, etc. per se, vel suum Commissarium specialem, quem duxerit deputandum (praeterquam per Cancellarium Vniversitatis, seu ejus Commissarium generalem, seu procuratores Vnivers: oxon: etc. ac praeterquam Custodem, aut aliquam personam nostri Collegii, aut alios quoscunque in Vniversitate per unam quindenam anno proximo cum visitationem praecedente Students, etc. per quos, aut ipsorum aliquem haec nolumus quomodolibet exerceri) ad Collegii hujus visitationem liberè accederè, & Custodem ac alios singulos socios, etc. nostri Collegii in Sacellum ejusdem convocare.  
From whence these few things are distinctly concluded by the Statutes of those Colleges. 1. That the Bishop of Winchester by himself, or some body deputed by him is the only lawful visitor of those Colleges; 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 lawful for the Bishop himself to depute any of those persons which are there excepted, viz. the Chancellor or Vicechancellor or Proctors of the University, the Warden or Precedent, or any person of the said Colleges, or any Student in the University, that hath been commorant there fifteen days in the year preceding the Visitation; by which exception all those men, which have lately been the only actors in this business (having now resided ('tis to be supposed studied) here for some time, and now one named, and by them reputed to be Vicechancellor, others to be Governors of particular Colleges) are made utterly uncapable of that employment. I shall not need to mention any more, it being clear that these men are not deputed by that Bishop, and as clear, that if they were deputed by him, they are not qualified according to the Statutes, but expressly excluded by them. Now what is thus ordained by those statutes, every member admitted into those Colleges, is by Oath obliged to observe, and not only involved in perjury 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, deprivation of all benefits of his College; which is now become the punishment of none but those who will observe them.  
Besides these Oaths which particularly and directly look to the grand matter of the Visitation, There be many other branches of our Oaths Academical, and Collegiate, which are most nearly concerned in the present transactions. The Statutes of the University, to the observing of which our Oaths distinctly bind us, prescribe the manner of Election of Proctors, (of calling and meeting in Convocations, etc.) And therefore whensoever Proctors have been removed by the KING, the Vniversity-statutes have taken place in appointing the Successors; and those (as the Vicechancellor 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 not sworn member of the University can think fit, without professing despite to Conscience or reputation, to join with them. And so in particular Colleges, the Statutes are punctual, that after the departure or a motion of any Governor, the Fellows must proceed within such a time to the election of a new, and he and none but he shall be reputed Warden, President, etc. who shall be chosen by a major part of the Electours. And then he that is chosen must take several Oaths particularly to govern according to Statute, before any of the muniments of the College may be delivered up to him, or before he enter upon the Government, to act any thing in it. And this is established by several positive statutes, to the observing of which, all members of Colleges are precisely sworn. 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 personal consent, and nomination under the Privy Seal, and Broad Seal, by which he is installed; And to him that is thus possessed of that Deanary, every Student of that Church is by plain words of the Oath of his admission, bound to perform due obedience, etc. All which being now most clearly violated by not only Sequestering, but removing the former, and putting in new Governors by force, without Election, or taking of Oaths to the Colleges, it follows that no sworn member of any College can acknowledge any such Governors without wilful un-excusable perjury. The only thing that hath yet been offered to us to answer the Force, and urgence of all this Plea (and at the presence of which, all mention of our Oaths must vanish presently) is the pretended Sovereign 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 itself a scruple much more hard to us to digest, than the former. For by our having taken the Oath of Supremacy, we have acknowledged that to be only in the KING; and by our education in this Kingdom, have been brought up in a firm belief (grounded on the known Laws and Customs thereof) 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 do now profess, never to have heard any thing to the contrary, before these times; nor since these times, sufficient to alter our judgements in this particular. And therefore whatsoever 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 ourselves to be freed from any one branch of any of these Oaths) cannot imagine what colour it is possible for the Tempter to put upon this required submission, by which to persuade 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 own breasts at the hour of death, in case we should, on such terms as these, submit to this Visitation. And as I think I might safely appeal to any Divine in the world as to a Confessor, or Casuist for the stating of this Question, Whether it were lawful for us to submit, supposing our many Oaths confestly bound us to the Contrary, and that we are verily persuaded, that those Oaths are in full force upon us, and as confident that the two Houses could not dispense with them, nor take off the obligingness of them; So would I likewise appeal to any man living that ever pretended to assert either the Libenty of Conscience or propriety of goods, Whether we ought in this case to be turned 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 regulated 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 University, I cannot but think it my duty to the public (which is now so disabled from meeting in a body, that it cannot make any formal address 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 honour of Christian Religion, or of the Pretestant profession, that our bare demurring or refusing to submit ourselves to the grossest and most unquestioned perjuries, should be voted by your Committee to be an high contempt of Authority of Parliament, and such punishments assigned thereto, which, if inflicted impartially, must necessarily leave no one Scholar of what quality soever in this University (which is of age to have taken Oaths of admission to the University, or to any particular College) which shall not appear to all men avowedly and confestly perjured, and liable 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 mean time, in the name of our broken Body, these few lines are designed to acknowledge your favour, and to subscribe ourselves  
Your etc.   
FINIS.