THE PRIVILEGES OF THE University of OXFORD, In point of VISITATION: Clearly evidenced by LETTER To an Honourable Personage.  
TOGETHER WITH The Universities ANSWER to the Summons of the Visitors.  
ACADEMIA OXONIENSIS   printer's or publisher's device 
8ber. 14th Printed for Richard Royston. 1647.   

THE PRIVILEGES OF The University of OXFORD, In point of Visitation, etc.  
Honoured Sir,  
HOw violently active the resentments of Liberty and Freedom are in the minds of men, there needs no other evidence than this late War, wherein the most earthy souls, with earnest zeal, have sacrificed their blood unto the name and empty shadow of it. And if the bare shape, and apparition could actuate those Icy spirits; I cannot but wonder you should think, that the more Free and Aerial ones, whose industry endeavours to restore the Soul to its native Privilege and Birthright, should be senseless of their just interest, especially where Religion adds his Title unto Right; and private Liberty, built upon public Privilege, in its fall engages his Foundation, and renders the neglect of a single safety, a desertion to the General, and Treason to Succession. But since you take no knowledge of these so high engagements; and seem prepossessed with the specious design of reforming of Errors, and the Authoritative name of a Visitation: I shall endeavour to Demonstrate the proposition I glanced upon in my last Letter, and you so much startle at, that the right of Visiting the University of Oxford is only in the King's Majesty: and that it is exempt from all other jurisdiction, both by reason of its foundation, in regard that all Societies whereof the King or his Predecessors were Founders, are only Visitable by the King, by the Common Law of this Realm. 
a 6 Hen. 7. fo. 14. 2 Hen. 5.  And secondly, by reason of several grants of Exemption: 
b Malmesbur. de Antiq. Glaston. Auth. Annal. de Monast. de Hide, Jo: Rossus de Regibus. Literae Hen. 4. ad Papam Johannem: ex fund. Regis.  First, That the University of Oxford wholly refers to the King as its Original and Founder, is clear, in that almost 800. years since King Alured founded not only Public Schools of Arts and Lectures, but their Privileges and Immunities, having got them confirmed by the then Pope, 
* Martin. 2.  and although the bounty of inferior Benefactors added to the bulk and magnifience of the Foundation, yet the King still assumed the Title, as being the total founder of the Design; and his immunities deriving and communicating themselves to the whole; and those more particular founders were also in a lower rank acknowledged by the University, who ever both submitted and sheltered themselves under the title of the King's Foundation, 
c Instrum. Univer. Oxon. ad Ric. secundum: Vestrae Fundationis & Patronatus. Hare memor. Univer. Oxon. Fol. 92. Vetus Epistolarum Lib. pag. 51. & 56. Ad Regem Hen. 6. pag. 90. & 108. Antiqu. Oxon. Lib. 2. à pag. 182. ad pag. 202.  and as yet do; (the power of the Chancellor being immediately, and only derived from the 
d Edvar. 3. Potestatem regiam per nos & progenitores nostros ipsconcessam. Hare, memor. Uniu. Oxon. in Edvar. 3. fo. 65. The violation of his Privileges, in particular that of not obeying his Citation, is called, Laesio Coronae, etc. ex Rot. claus. de an. 34. reg. Edu. 3. in dorf. memb. 27. Tur. Lond. Rot. patent. de an. 36. part 2. memb. 44. in dors. in Tur. Lond. Rot. patent. de an. 18. part 2. memb. 31. Tur. Lond.  King) and are obliged to do so; unless that Logic whick makes Protection and Subjection Relatives, dispute us out of submission to the King's only jurisdiction, because He is disabled from the maintenance of our Privileges; and will not let Him be our Visitor, because He cannot be our Defender. And here you may please to consider, that the Foundation of the University, being the Kings and His Predecessors Personal act, His interest lies not within the reach of that beaten evasion of a public or politic capacity.  
And as this right and title of Visiting is the King's Prerogative as Founder, so the privilege of being by him only Visited, is our lawful inheritance, which we claim by prescription, 
e Indult. Dom. Papa Bonif. 8. confirm. privileg. Regal. ipsamquevniversitatem eximens ab omni Jurisd. Archiep. Epis●op. etc. & à Visitatione: adding, that they had had these privileges à tempore cujus contrarii memoniâ non existit: Hare, li. de Priu. Vniv. Ox. Lib. Vet. Statut. Ox. p. 95. Lib. Vet. Senior. procur. p. 4. the same ratified and confirmed by Sixtus 4. Lib. Epist. Vniv. Ox. in Hen. 3. Act of Parl. 25 H. 8. c. 21. fo. 556. all power of Visitation is given only to such as shall have immediate authority by the King's Commission under the Great Seal of England, in places formerly exempted, as Colleges, etc. All Letters Patents heretofore made by the King's progenitors, in behalf of the Universities, are confirmed by Act of Parliament, 13. Elizab. And in 19 Elizab. part 12. in dorsrot. the Privileges of the University are confirmed in the very words of Bonif. 8. acknowledged they had them by Prescription: the immediate subjection of the University to the authority & jurisdiction of the Prince, and all their other exemptions ratified; and these acknowleged to be sworn to, in the Oath taken by every Graduate, ad observ. Statut. Privil. Consuet, etc.  allowed and confirmed by Charters from several Kings, both by themselves and in ᵉ Parliaments; and whatsoever free Royal grant was before the Reformation, confirmed unto us by the Pope, (that being then thought necessary) was (after that the Royal Authority had asserted to its Prerogative the Ecclesiastical Jurisdiction) by the succeeding Princes in the ᵉ same words established: Nor did the practice of Visitations descent, for all those that happened in the remainder of Hen. 8 time, 
f Four Visitations since the Reformation, all by the King's Commission, except in Q. Mary's time, when the Ecclesiastical jurisdiction was again returned to the Pope, than Cardinal Pool visited, as Legatus à latere, which is Equivalent. Citat. Cardin. Poli. ad Vnivers.  Ed: 6. Q. Marry, Q. Eliz. were held by the respective Prince's Authority, and the Persons Visiting were only their Representatives, and whosoever sat, the King Visited.  
I have thus fare as much as may be expected from one, not used to such encounters, nor advantaged by any of the University writings and muniments, (they having been of late 
g At the beginning of this Parl. the University Writings were required, and eversince are detained.  withheld from us) discovered our Privileges in point of Visitation; being put to this unequal Combat, to engage with persons armed with power and our own weapons too, only shielded by naked Truth.  
But should I wave the former debate of Interest, and only look upon the tye of Honour, I cannot but with wonder and just scorn resent the mean opinion we are now fallen into, who for almost 800 years the care and strife of 
h Alured himself visits an. 886. Ex Asser. Meneu. Epis. Reg. Alured. Scrib. Ex edit. Cambd. Edvar. 3. & Rich. 2. themselves decided controversies, that arose in the University. The late Visitations performed by Commissioners, the chief Nobility of the Kingdom: and His Majesty that now is. visited Christ-Church personally with 8. Lords of the Counsel.  Princes, are made now the prize and spoil of our fellow-subjects; and what speaks more dishonour submitted to the strict Tribunal of our own members, who having 
* Jur. in admis. ad gradus.  sworn the observation of our Statutes, liberties, and customs, cannot appear as Judges over us, without a violation of their oaths so often and solemnly taken; nor yet without a manifest opposition of Nature, where parts judge the whole; and the Laws of justice too; especially if we consider the Interests and engagements, nay often professions of the most active instruments of this work.  
But to go a step farther, and rest satisfied both in the Visitation and Visitors, it is evident that neither the one or the other can concern us, till by some Legal way their Power is manifested. It is true, about three months since, a Citation was publicly set up to summon our appearance, but the force of that being lapsed, we are to expect a new one, not only by the common rules of Justice, but their own also, who conceived a Citation at first necessary, and know the former to have been voided by their own default. Now let the world be Judge, what obligation can lie on any man to leave his occasions and affairs, to appear, and that under the penalty of imprisonment, before those men he knows not, or at least is not Legally supposed to know, to have any Authority over him?  
But should we be willing to sacrifice our Honour to a more Christian virtue of humility, and our freedom unto patiented sufferance (as in most cases we may lawfully recede from our strict rights:) Yet would there a greater stop to our desires then any yet mentioned interpose itself, the severe law of Conscience; from whose commands neither hope may lead, nor danger force us. 
Protest. May 5. 1641.  We are all engaged by solemn prostestation before Almighty God to defend and maintain our Lawful Rights and privileges, (in the number of which I am confident I have showed our exemption from this Visitation to be:) and hereby our adversaries are themselves bound to protect and defend us in whatsoever we shall do, in pursuance of them: But if this be not of force to us, as it is not conceived to be by them, we have yet a more strict and particular obligation, being sworn by our respective statutes, to allow or submit to no Visitation, but from those who are nominated by our founders, and enabled by the Kings grant and Patent, confirmed by Act of Parliament, and so enlivened to the strength of Laws.  
Thus fare briefly of Privilege and Exemption, I am now to clear a part yet untouched, but of no less concernment; that is, the necessity and want of Visitation. It being given out by the Out-cries and clamours of our Adversaries, that we are wholly corrupt and lost, and not to be redeemed to any thing that's good and virtuous, but by extirpation & ruin. To the malice of which imputations, how uncharitable. soever, I can observe no return but prayers and silence, finding in the general, breasts neither conscious of the crimes they are accused of, nor revengeful ones towards the persons of their Accusers, but cheerfully receiving their many injuries (having for whole years together, been publicly slandered to their faces:) and burying in filence those dark Arts, and strangely false suggestions which have been used to procure this Visitation, commit themselves to the protection of providence: assured either by clearing all Accusations, or by a Christian suffering of whatsoever shall be unjustly inflicted, to evidence to the world, they are not those monsters that their Enemy's Character would speak them: Nor yet men altogether unworthy their Education, or their founder's munificence. For my particular, next to the testimony of Conscience, Ambition cannot name unto me a higher note of Innocence, then to be acknowledged as  
Sir, Your most humble Servant.   

POSTSCRIPT.  
SIR,  
AS I was Sealing, there came to my hands, the Answer of the University, to the Visitors Summons, which I here present to your view; and doubt not but the Candour and Reason, backed by the Authority of so great a Name, will add something of weight and moment to what hath been already said.  

To the Right Worshipful, Sir Nathaniel Brent, and the rest of the commissioners, sitting at Merton-Colledge.  
WHereas by several Citations, subscribed, Guiliel. Newhouse Reg. Com. the Vicechancellor and Proctors (being the Magistrates and public Officers of this University) have been required respectively to appear before the said Commissioners, sitting in Merton College. They having imparted the same to us, the Delegates of the University, upon due Constderation and deliberate Examination of the Premises; We the said Delegates, together with the Vicechancellor and Proctors, do in the name of the University, with all humble Reverence to the two Honourable Houses of Parliament; and all due respects to the Persons, and places of those that are employed by them, Humbly Conceive, we cannot acknowledge any Visitor but the King, or such as are immediately sent by His Majesty; it being one of His Majesty's undoubted Rights (all which we are bound to defend, as by many legal obligations, so by our late Protestation) and one of the chief Privileges of the University, (all which we are obliged by divers Statutes, and Oaths, to maintain also) That His Majesty, and without Him, none other is to Visit this University. And therefore we cannot (as we conceive) without the manifest danger of incurring multiplied Perjuries, submit to this Visitation, or acknowledge, those now sent by the Honourable Houses of Parliament to Visit us, to be our Visitors. And as we are persuaded, That if the weighty Affairs of the Kingdom, would have permitted the Two Honourable Houses to have taken this Obligation of ours into Consideration, they would not have thought fit to reduce us to this extremity, either of displeasing them, or doing violence to our own Consciences; so we believe, and hope, that if it shall please those that are employed by them, candidly and charitably to represent to them, this our Answer, with the Reasons thereof, (which we most earnestly desire them to do) the Honourable Houses will be pleased to admit of this our Answer, and suffer us in the mean while to enjoy what by the Law of the Land (which is the Birthright of the Subject) as well as by the Privileges of the University is due unto us; until we shall be proved to have made a Legal forfeiture of it, before such as are our proper and competent Judges: Before whom we shall be always ready to appear, and to Answer whatsoever crimes or misdemeanours shall be laid to our charge.   
FJNJS.