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A78239 The case of the city of Oxford. Shewing how far they are concerned to oppose the confirmation of the charters and pretended priviledges of the University With an answer to a late pamphlet printed at Oxford, entituled, A defence of the rights and priviledges of the University of Oxford. 1691 (1691) Wing C1034B; ESTC R230053 16,457 11

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in the time of the Grand father of Henry the Second who was Henry the First and none of these Charters make mention of the University or save their Rights It is true in a Charter of the City in time of Edward the First being an Exemplification of these Charters of Henry the Second King John and Henry the Third and a Grant of many other Particulars there is a saving of the University Rights in general But that Charter doth not grant to us any Right of sole Trading as indeed none can and therefore the saving cannot be applyed to it For the 18 Edw. 1. if they consider that they will find no Reason to presume that an Allowance to them to use Trades there are no words in it relating to Trades It only settles as we have said before what Persons shall have the Priviledge of the University which we deny to relate to Trade and if it did if they will stand to that Composition they will find their Priviledge much more narrow than they now enjoy it and if they will wave their Encroachments upon us and go back to the Composition 18 Edw. ● or to the other of 3● H. 6. which their Predecessors took to be great Improvements of their Priviledges we will readily allow all Persons within those Compositions as much Priviledge as they will desire for them For the Charter 14 H. 8. that was a great Encroachment upon our Trade but yet nothing so large as this We have been the larger upon this Branch relating to Trade because we know what would become of our Corporation if we once allow whom they think fit to matriculate a Right to Trade amongst us A Power to Trade without the incumbrance of chargeable Offices by which the City doth subsist would soon draw all the Inhabitants of the Town into their Corporation 13. Whereas by certain Compositions heretofore made between the said University and City the Menial Servants of all Scholars and all their other Servants taking Wages without Fraud or Deceit are to enjoy the Priviledges of the University the said University upon pretence of later Grants have fraudulently and with an intent to weaken the Government of the said City granted colourable Priviledges to divers Members of the said City and upon pretence that they were become the Under-Groom Gardiner or Officer of some Colledge have matriculated them and whilst they have continued Members of the City have administred unto them an Oath to the Effect following viz. You shall swear That you shall not attempt any Cause of yours before the Mayor or Bayliffs of Oxford neither shall you answer before any of them as your Judge so long as you shall continue a Priviledged Person So God c. Which is in terms repugnant to the Oath which every Freeman of the City doth take at the time of his Admission into the Liberties of the said City and particularly they have within the space of Three Years last past matriculated one William Turton upon pretence that the said William Turton was Gardiner of Exeter Colledge whereas the said William Turton was a Freeman of the said City and did continue to use the Trade of a Vintner during his Life and obtained the Title of the said Office only to avoid the bearing such Offices in the said City as his condition and substance had made him capable of They have also upon the same terms matriculated one Henry Wildgoose a Freeman and one of the Common-Council of the said City who being apprehensive that he should be chosen into the Office of Chamberlain of the said City did to avoid the same about two days before the Election for the said Office procure himself to be matriculated upon pretence that he was a Groom to one Doctor Irish although the said Henry Wildgoose did and yet doth continue the Trade of a Painter within the said City and hath no further Relation to the said Doctor Irish than to Protect himself against the said City and by colour of the said Matriculation the said Henry Wildgoose being Elected Chamberlain of the said City did and yet doth refuse to accept the said Office and is protected in his Disobedience by the University by which means other Citizens are encouraged to withdraw themselves from their Majesties Service in the said City The University do not in their Defence deny they have matriculated Wildgoose and Turton but say they matriculated Wildgoose as Servant to Doctor Irish and as a Limner and Turton as a Vintner As for Wildgoose an Action being brought against him in the Court of R. B. at West Term. Mich. 1. W. M. for refusing the Office of Chamberlain the University demanded Cognizance of the Cause because he was Servant to Doctor Irish but it appearing to the Court that Wild-goose was a Freeman and a Member of the Common-Council and an House-keeper and kept Shop in the City and that he was matriculated but two days before the Election and had declared that he would be matriculated to avoid the Election the Court were of Opinion that the City were abused in it and that the Matriculation was fraudulent and therefore denyed them Cognizance The University not contented with this Resolution in Hillary Term following moved the Court again and having found in the Compositions 18 Edw. 1. and 37 H. 6. that Limners were to have the Priviledge of the University they demanded Cognizance because he was a Limner tho' they thought of no such thing when they matriculated him but it appearing to the Court that Limners were such only as did adorn Books by painting them with Gold and Water-colours before Printing was known and that Wildgoose was a Painter-stainer and it appearing also to the Court by the very Compositions which they produced that none was to have the Priviledge of the University that got it by Fraud or Malengine they did again deny to grant them Cognizance For the Case of Turton they find they cannot justifie his Matriculation as Servant to a Colledge though that was his first Title they will therefore now entitle him as the University Vintner Whether he stood upon that or the first Title it is plain he was matriculated only to elude the Election of the City and to defeat their Power over him they never pretended to Priviledge any Vintner before as such nor have they any Foundation for it by usage or composition The Reason of allowing Priviledge is that Scholars shall not be taken from their Studies to Answer in the King's Courts but that Reason will not justifie this Case nor is a Vintner so necessary an Attendant upon the University that he may not do his Duty to the Government They have never before pretended by their Priviledge to discharge the Members of any Corporation from their Duty they owe to it they may with as much Reason practice the same thing upon the Citizens of London as upon us we are as much a distinct Corporation from the University as they are The University