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A49528 A defence of the rights and priviledges of the University of Oxford containing, 1. An answer to the petition of the city of Oxford. 1649. : 2. The case of the University of Oxford, presented to the Honourable House of Commons, Jan. 24. 1689/90. University of Oxford.; Harrington, James, 1664-1693. Case of the University of Oxford.; Langbaine, Gerard, 1609-1658. Answer to the petition of the city of Oxford. 1690 (1690) Wing L366; ESTC R9958 36,771 63

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A DEFENCE OF THE RIGHTS and PRIVILEDGES OF THE University of Oxford CONTAINING 1. An Answer to the Petition of the City of Oxford 1649. 2. The Case of the University of Oxford presented to the Honourable House of Commons Ian. 24. 1689 90. Oxford Printed at the THEATER 1690. Imprimatur IONATHAN EDWARDS Vice-Can Oxon. Mar. 31. 1690. THE PREFACE THE Priviledges of this Vniversity have been in so full clear and expressive words granted to our Predecessours and have since been us'd here with so much moderation and prudence That we their successours might with reason have expected rather the happiness of enjoying them than the trouble of maintaining them But so it happens That those very rights which were designedly given to the Vniversity as the best means of securing our peace and quiet have frequently by the malice of our Adversaries been made the occasions of our disturbance Once at least in every age The Citizens have renew'd their complaints against us which have all equally been founded on no reason and consequently have all alike met with no success It is remarkable that nothing hath formerly been more beneficial to us than these groundless complaints of the City and that to these chiefly we owe almost all those Charters which we now enjoy For when this contentious humour of the Citizens did thus in an unaccountable manner discover it self in the reigns of Ed. 3d. Hen. 4th Hen. 8th and Car. 1st it did not only justify the prudence of their Ancestours in granting us our ancient rights but convinc'd those excellent Princes of a farther necessity of giving greater and more unquestionable Priviledges Thus have we been oblig'd to their bad manners for our good laws and do faithfully keep an exact register of their contentions by the date of our Charters We have publish'd therefore these two following Treatises not only out of respect to our selves but out of kindness to the City For when once the most sober and judicious part of them shall be convinc'd That their demands are unreasonable and unjust That some turbulent Men under the popular pretence of defending the rights of the City do only carry on their own designs and interest at the publick charge It is impossible to conceive That the Citizens will still be impos'd on and not find some better imployment for their or ratber as it originally was for our mony At least if they are resolv'd to copy out the example of their Predecessours in opposing the Vniversity They should be so wise withall as to have imitated their Methods of opposing it Their Fathers took advantage of that lucky Crisis in 1649 When the Vniversity was obnoxious for its loyalty when learning it self was a crime and when the Iudges were as bad as the Petitioners This Effort was unsuccesful indeed but well-design'd for which we may reasonably perhaps accuse them of ingratitude but must for once acquit them of folly But if the Citizens shall now again renew the same designs when there is not a return of the like favourable juncture It will be justly suspected that they are heirs only of their Fathers malice but not of their cunning For can they think this a fit time to depress Learning and Religion Can they imagine that those Charters which have been always given to us by the best and greatest of our Kings will not receive confirmation from their present Majesties Or that this Honourable house of Commons is less a Friend to Learning and Justice than the Wise Parliament which first ratify'd our Charters If not if there be no ground for these surmizes now we may probably think That the Citizens will either wholly desist or expect a fairer opportunity of undermining their Benefactours But what success any discourse may have that applies it self to the justice and prudence of the City we dare not determine More certain we are That these Treatises will succeed in their other design and will give full satisfaction to all impartial and unprejudic'd Readers The Articles of the City have all met with plain and direct answers The Charters that we insist on are nam'd and pointed out and no subterfuge is taken in general expressions The Matter of Fact will be abundantly justify'd by our Registers The pretended difficulty in law is for the use of the City made obvious to every capacity and we submit it to others judgments whether the inferences which are few are not fairly drawn and warranted by reason For as the Cause it self was such That it needed no other advantage than to be set in its true light so was the dignity of the Body concern'd so great that it disdain'd any assistance from sophistry The Nature of this work would not allow us the liberty of digressions and therefore it is still to be wish'd That all men in a greater work were distinctly inform'd of the first rise of our Priviledges of the motives upon which they were first given and the absolute necessity of the continuance of them That they were acquainted with the offences of the City that occasion'd our Charters with the signal and Extraordinary wisdom of those Princes that granted them and lastly with the constant success which upon all contests with the Town attended and confirm'd them For since above an Hundred volumes are printed beyond Sea concerning the Rights of Universities and The Priviledges of Students It is to be hop'd That we who yeild not to any forrain Vniversity in the greatness of our Priviledges will show equall diligence in the just History and defence of them The only thing that in all probability hath hitherto prevented their work hath been the integrity knowledge and favour of the Iudges who having usually been bred among us knew the Extent of our Priviledges and have not suffer'd our rights to be examin'd by the unequal standard of the immunities of mean Corporations For as our Charters have been such as have left us no reason to envy the forrain Authentick so have the Year-Books hitherto abundantly supply'd the place of Glosses and Comments However tho' we have no reason at present to doubt of the continuance of the same justice to us we may reasonably desire and yet probably not need an exact History of our rights as that which tho' it might not be requisite as a necessary support would yet at least be commendable as an Ornament of this Vniversity April 6. 1649. To the Supream Authority of the Nation the Commons in Parliament Assembled The Humble Petition of the Maior Aldermen Bayliffs and commonaltie of the City of Oxon. in the County of Oxon. Humbly sheweth THAT they taking notice of the late memorable Acts of Parliament made for regulating of the Privy Councel and for taking away of the Court of Star-Chamber the high Comission Court and others of the like nature and being thereby made sensible of your worthy intentions to disinslave the free born People of this Nation from all manner of Arbitrary Judicature or Power and enable them to
be a great pressure and inconsistent with the Principles of charity or the liberties of the people or the Laws of the Land to inhibit all the Members or priviledged persons of the University to have any commerce trade or dealing with such Citizens as the Vice-chancellor or Proctors at their liberty shall dislike it being a means to breed enmity between neighbour and neighbour and to hinder mutual amity between friend and friend as also tending to a Monopoly of Trading and done for the maintaining of some private interest of meer will and power against the publique interest of the Cities Liberties And also to the utter ruine and destruction at their pleasure of any Citizen and his family in their Trade Touching the Oath that the Vniversity demandeth of the Maior and of the Citizens 6. Gr. The Citizens take it as a grievance and burthen to their Consciences which they hope the wisdome and Piety of the Parliament will not suffer to have an Oath imposed upon them in General Tearms to maintain the Priviledges of the University the Citizens not knowing what they are And the University pretending all to be just which they claim and besides the Maior by his Oath is bound to maintain all the rights and liberties of the City many of which do clash and stand in opposition to divers of those which the University claim 7. Gr. The Citizens find themselves very much a grieved that the Maior and 62 Citizens with him should be compelled to come to St. Maries yearly upon the tenth day of February to make an oblation there at the high Altar of 63 pence for the souls of 63 Scholars or Priviledged persons slaine in the time of Edw. 3 d. This in the Original being gross superstition and the memory and continuance of it to be totally abolished without any memorial thereof to be observed and therefore hope and desire that one Indenture and one obligation of the penalty of 1000 markes entered into by the City unto the University in those daies of superstition for the continuance of that superstitious anniversary may be delivered up to the Citizens to be cancelled and the obloquie put upon the Citizens by reason of this Ceremony quite abolished And whereas the University now saith that they will be content with the 5 s. 3 d. per annum and dispense with the superstitious Ceremony the Citizens desire by the wisdom and Authority of Parliament they shall be excused from any such acknowledgment of that servile and superstitious nature Not that we should contend with the University for such small matters towards whom we ever have and shall respectively Comport our selves but that we may not part with our liberties at any rate nor beare witness against the truth 8. Gr. The University claimeth power to make By-Laws to bind the Inhabitants of the City and to lay both pecuniary mulcts and Imprisonment upon the breakers thereof as upon Taylors that have made Gowns after other fashions then have been set down in their Private orders which the Citizens conceive to be an unjust and arbitrary practice That they should be bound by such Laws as they never knew nor never consented to by themselves or any representative And their estates and persons should be lyable to the pleasure of others to whose Acts or Actions they are no ways Privy and is as they conceive contrary to the fundamental Laws of this Land and the liberty of freemen of this Nation 9. Gr. The University claimeth Felon's goods and Deodands which the Citizens take as a Grievance for that by their Ancient Charters they are by apt words granted unto them And moreover the Citizens have the Custody and charge of the Gaol and of the Prisoners and the power to deliver the Gaol and lyable to all escapes And it seemeth unreasonable that the Citizens should be at all the charge and the University to have all the profit and such perquisites besides for the reasons aforesaid may seem not very proper nor convenient for Scholars to trouble themselves withal 10. Gr. The University inhibiteth the City from setting up any Taverns within the City or the selling of Wine by retaile the which the Citizens conceive to be against the true meaning of the Stat. 7. Edw. 6. And against divers of the ancient Charters of the City and therefore desire that this Grievance likewise may be redressed 11. Gr. The University assumeth power to set up Trades within the City and to authorize Forraigners to exercise Trades there albeit they never serv'd as an Apprentice the which the Citizens take as a great Grievance and oppression It being granted unto them by divers and sundry ancient Charters and confirmed in Parliament that no person or persons whatsoever who are not of their Guild shall set up any Trades or sell by Retaile with them much less that such that have not served as Apprentices nor are liable to performe duties or services of the Commonwealth as they pretend The Citizens are willing that the University may enjoy and continue all just and due Priviledges which either make for the advancement of Learning or are fit for them to enjoy but any priviledge or practice which exalts it self above the power of the Civil Magistrate which is founded upon superstition or Tyranny or which is inconsistent with the freedom and just Immunities of a subject or free Citizen they may hope and earnestly pray may be by the wisdom and goodness of this Parliament quite abolished JULY 24. 1649. THE ANSWER OF THE CHANCELLOR MASTERS and SCHOLARS of the UNIVERSITY of OXFORD To the Petition Articles of Grievance and Reasons of the City of OXON According to the directions of an Order of the Honourable Committee 21. of Iune 1649. To the Petition VVHereas the Petitioners charge the University with the exercise of an Arbitrary and unlimited power over them to their most intolerable sufferings and oppressions which they pretend they have for a long time undergone and at this time suffer although the Petitioners by their Councel at several times before this Honorable Committee have acquitted the present Governors of the University from any such charge and although the University for many years now late past have suffered great wrongs and diminutions of their just and ancient rights by the Petitioners who have taken upon them to dispossess them of some of them before complaint and of others while their complaint is yet depending We answer and say That the Vniversity neither hath exercised nor does challenge the exercise of any arbitrary power or jurisdiction over the Citizens But only such just power as they are by Law and Custome confirmed by Act of Parliament warranted unto Concerning Port-mead 1. We answer and deny that the Petitioners have the inheritance of the said Meadow but only a right of Common and that divers Colleges of the University and their Tenants and other men are as we conceive equally interessed with the Petitioners in a right of Common in that Meadow