live like Freemen under the known Laws of this Land are thereby at this present emboldned to make known unto you the most intolerable sufferings and oppressions which they for a long time past and yet by an Arbitrary and unlimited power exercised over them by the University of Oxon have under-gone and at this time suffer as by particulars hereunto annexed may appear And for redress whereof your distressed Petitioners humbly implore your gracious assistance And whereas your Petitioners at this present partly through decay of trading and partly through the long and daily payments taxes and quartering of Soldiers are very much impoverished and their City abounding with such multitudes of poor people that they are not able to relieve them without provision of a convenient stock wherewithall to set them on work for the raising whereof there is a certain large piece of ground called Portmead lying near the said City wherein your Petitioners have the Inheritance and the village of Wolvercot only Common of pasture therein by reason of vicinage which being enclosed and leassed out for certain years would raise a convenient stock for the relief and setting on work of the said poor The which your Petitioners are very desirous and have much endeavoured to effect but have been and still are hindred in these their pious and good intentions by the Inhabitants of Wolvercot aforesaid Albeit your Petitioners have been and are willing to allow them a proportionable quantity of ground to be allotted them out of the said ground in lieu of their said Common Your Petitioners likewise humbly pray that they be enabled by Authority of this present Parliament to enclose and demise for some competent number of years the said ground called Portmead for the use aforesaid leaving a proportionable quantitie of ground or otherwise allowing some sufficient recompence unto the said inhabitants of Wolvercot in lieu thereof All which we refer to the wisdom and judgment of this Honourable House humbly desiring your serious and speedy considerations and resolutions herein and to make such order for your Petitioners relief touching the premises as you in your grave wisdoms shall think meet and expedient And we shall ever pray c. A Schedule of the Cities Grievances claimed at several times put in execution against them by the Vniversity 1. THE University claimeth power to determine all controversies whatsoever between any persons whatsoever if one of the parties be a priviledged person except in cases of maim felony and freehold and they claim allowance of their priviledges in all other Courts without pleading of them and without fee and to try matters of fact without Jury or without open examination of the witnesses in the case but only in private before a Register and proceed in an Ecclesiastical way by citation excommunication and the like contrary to the course of the Common Laws and their sentences are not grounded upon any certain Law either Civil Canon Statute or Common Law but secundum oequum bonum and meerly Arbitrary at the Will of the Chancellor or his Vice-Chancellor against whose sentence how unreasonable soever nor Writ of Error will be by them allowed or other redress admitted but only by appeal before themselves in their Convocation or Congregation in which particular the Citizens find themselves much grieved being by those proceedings not only delayed but oftentimes defeated of their just debts without any redress at all 2. Without any lawful power they take upon them to make Proclamations thereby imposing not only pecuniary mulcts but also imprisonment upon such persons as shall not obey their matters contained in such Proclamations and this not only upon Citizens but likewise upon all others dwelling within five miles of Oxon. 3. They claim and exercise a power over the Citizens to impose 40 s. upon any Citizen being found out of his house after 9 of the clock albeit it be in the summer time and albeit they be Constable in their search for Fellons upon pursuit of hue and cry or Aldermen of the City or Justices of the Peace in conveying of Malefactors to the Goal or the like and for default of present payment of the 40 s. to send them to prison there to continue until satisfaction made to the Proctors 4. They claim the sole power of Licensing of Ale-houses Brewers and Maulsters and usually take for the making of Licences for Brewers to Brew and for Maulsters to make Mault 17 s. 8 d. and take Recognizances of the Ale-house-keepers but never return any of them to the Quarter Sessions 5. They have challenged to have power and de facto have exercised a power to pull down the Citizens houses of Habitation and some of the Butchers Shambles within the City 6. They take upon them power to dis-common Citizens at their pleasure and to inhibite all priviledged persons to have any commerce or trading with them which power they have also exercised upon divers Citizens 7. They exact from the Maior and sixty two Citizens an Oath for the maintenance of the University Priviledges whereas many of their pretended Priviledges are meere Usurpations and Inchroachments upon the Liberties of the City which the Citizens by their Oaths are bound to preserve 8. They claim and exercise a power to enforce the Maior and sixty two Burgesses of the City to come yearly to St. Maries Church on the tenth of February called by them Scholastims day to make an Oblation at the high Altar of sixty three pence for the slaughter of sixty three Scholars tempore Ed. 3. to procure a Mass for the souls of the sixty three slaughtered persons for the non-performance whereof they give forth That they will put a bond in suit which the City in those days entered into the University 9. They claim a power to make By-laws thereby to bind the Inhabitants of the City which are meer strangers and were never called to the making of them 10. They take upon them power to make new Officers as Tole takers of Corn and the like and they constitute Coroners which Office of Right belongeth to the City by their ancient Charters and Usage time out of mind 11. They claim Felons Goods and Deodands by their new Charter albeit the City time out of memory hath enjoyed and hath right unto them by their ancient Charters as they conceive and albeit the City be at the charge of keeping of Felons and of the delivery of them 12. The Market the Soyl and the Streets belong to the Citizens together with Toll Stallage and Picage yet the University claimeth all these and divers times by Proclamation alter the Market days whereas the University have only the Clarkship of the Market and the perquisites and profits thereof belong to the City toward the feefarm Rent 13. They set up divers Taverns in Oxon and will not permit the City to set up any contrary to the true intent of the Statute of 7. Ed. 6. 14. They claim power to set up trades within the
City and to authorize Forraigners to exercise any trade there as Fully as a Freeman of the City and that albeit such Forraigner never served as an Apprentice 15. In case the City punisheth any irregular Freeman for misdemeanor or make any By-law for regulating of such misdemeanor they presently become servant to some Master of Arts or else to be an under Gardner to some Colledge or Hall and thereby exercise their Trades in contempt of the City and their By-laws and refuse to pay any payments with the City except such as shall be warrantable under the Seal of the University April 30. 1649. A Particular of the Grievances of the City of Oxon against the University of Oxon together with the reasons thereof exhibited unto the Honourable Committee for the regulating the said University according to the directions of an Order of the said Committee of the 26. of this instant April 1649. 1. Grievance THat Scholars and Priviledged persons draw Townsmen in suit to the Vice-chancellors Court for any matters whatsoever except Mayhem Felony and Freehold as well in cases where they are Plaintiffs as where they are Defendants in which particulars the Citizens conceive they have just cause of complaint for diverse reasons First for that by the ancient Charter of Hen. 1. Hen. 2. Edw. 3. and divers other subsequent Charters confirmed by act of Parliament and allowed by Justices in Eyre and in the Courts at Westminster they ought not to be impleaded out of their own Court but to have their tryal in their own Court according to the Customes and usages of London for that they are by their Charters to enjoy the same liberties and customs and the Perquisites and Profits of their Court are parcel of their Fee-farme which would be left or at leastwise lessened in case that their suits and tryals should be in the Chancellors Court as well where a priviledged person is Plaintiffe as Defendant there being at this present near about a third part of the Housholders within the City priviledged by the University as is conceived Secondly for that the proceedings in the University Court are by citation Viis modis Libell Excommunication and the like and the sentences of the Chancellor or his Vice-chancellor or Commissary not confined or tyed to any certain Law either Civil Canon or Common Law But either according to any of these or according to the Customes and Statutes of the University heretofore used or hereafter to be ordeined or according to his and their best discretion notwithstanding any Statute whatsoever either made or to be made against whose sentence be the same just or unjust there is no remedy either by removing the cause to any of the Courts of Westminster either of Law or equity or otherwise than before themselves Thirdly for that diverse Citizens have commenced several suits in that Court both for just debts due unto them by bond as also for insufferable injuries committed against them by priviledged men after long and tedious suits of 3 or 4 years standing and much expence have been destitute of any redress there at all Fourthly for that as the Citizens conceive that Court and the order and manner of their proceedings consisteth not with the present Constitution of the Commonwealth or the Liberty of the People this particular not only concerning the Citizens of Oxon but all others who shall have any commerce or dealing with a Scholar or a Priviledged Person 2. Griev The University claimeth a power to imprison and to impose a mulct of 40 s. upon any Citizen being out of his house after nine a clock at night without such reasonable cause as the Proctors or Vice-chancellor shall allow of the Proctor having the benefit of the mulct and this hath been exercised not only upon private Citizens but upon the publique Magistrates and Officers of the City as Bailiffes Constables and the like being in the execution of their offices to preserve the peace to pursue Hue and Cries to keep watch and ward Convey offenders to prison by vertue of the Justice of peace warrants to prevent escapes from the Goal whereof the Bailiffes have the charge and the like which the Citizens conceive to be a great Grievance contrary to the great Charter and other Laws to their Native and just liberties the rather for that the five Aldermen and eight Assistants of the City besides what the Law of the Land require are by their Ancient Charters and by their Oathes bound to search for and apprehend Malefactors within the City as well by night as by day Nevertheless the said Citizens can desire no less but that if the Maior or any Officer of the City find any priviledged person disorderly and irregular they may have power and liberty to secure them until they may be sent to the Vice-chancellor or Proctor and they to deal in like manner with the Citizens But that the University should impose such a mulct and inflict imprisonment for Non-payment upon a Citizen that is abroad after such a time about his lawful occasions and to make the Proctor judge in his own cause whether it was a lawful occasion or not he being to have the 40 s. And for a civil man to goe to the Vice-chancellor for leave to be out of his house after nine of the clock or not to stirr abroad before 4 of the clock in the morning is conceived by us to be a greater tyranny than is fit for any freeman to beare 3. Griev That the University have heretofore restrained all Bakers and Brewers within the precincts of the City and Suburbs thereof to bake or brew within the City except they first take Licence from the University for which they challenge 17 s. 8 d and also enforceth them to take an Oath to observe such assize as the Vice-chancellor from time to time shall appoint the which the Citizens conceive to be a Grievance and a burthen both in respect of the mony extorted from them there being no such summ of mony due by the Laws of this Land for such licence as also for that they conceive it most proper and peculiar for the City to set up and order Trades within the City where they served as Apprentice and for other reasons hereafter mentioned in the Grievance concerning Trades being contrary to the Liberty of the People and a priviledge no waies suitable or proper as the Citizens conceive for Scholars to pretend unto 4. Griev The Vice-chancellor heretofore hath by power pulled down some Citizens houses of habitation for which there as yet hath no satisfaction been made either to the Tenant or Tenants in possession or to the Citizens who had the inheritance thereof As namely in particular the house of one Tredwell then worth 10 l. per annum and the house of one Master Chambers worth 6 l. per annum for which it is conceived the University ought to make satisfaction both to the Tenants and the City 5. Gr. The Citizens conceive it 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
ago 2. Whereas they object against it that it is conceived in General terms We reply So are all those Oaths which are required by the City of Oxon and other places of all their Freemen when they are first enfranchised to preserve the Liberties of their respective Corporations 3. Whereas they pretend ignorance of our Priviledges and thereby insinuate how unjust it is they should Swear to preserve them We answer That neither this Oath which we require nor any other of that kind which is conceived in General terms does by intendment of Law bind the takers to any farther observance of the particulars comprehended within that generality then as they shall come to their knowledge And we farther say That this reason if it be of any force is much more pregnant against that Oath which is usually imposed upon all the Freemen of Oxon at their first admittance to maintain and keep all the Franchises Liberties and Customs of the City to which many of them are altogether strangers at the time of their taking that Oath whereas none are required or admitted to Swear to maintain the Liberties of the University but a few Citizens of the Graver sort to whom by reason of vicinity and long conversation amongst us the Customs and Liberties of the University are sufficiently known 4. Though we do confess all Priviledges to be just which we claim yet we neither pretend to be our own Judges to determine in point of Controversy which are just neither do we pretend that the Maior or any Citizen is bound to Swear or if he do Swear is bound to maintain all or any Priviledges barely claimed by the University as just unless they be so in themselves and have been lawfully used by the University And therefore since as is clear by the words of the Oath we do not claim that the Maior and Citizens ought to Swear to maintain any other than the lawful Priviledges of the University And that it is acknowledged by the Petitioners that the Maior is bound by his Oath and known by common practice that every Freeman is in like manner bound to maintain all the Liberties of the City and that many of those do clash and stand in opposition to diverse of those which the University so claim It must follow that all such pretended Liberties of the City as do clash with those Liberties of the University which the Maior and Citizens are required by Oath to maintain must be in themselves unlawful 5. Lastly we crave leave to observe a very preposterous course taken up by the Citizens of latter times to overthrow the just and ancient Rights of the University by the new forged Engines of their City Oaths for first they frame an Oath contrary to our Priviledges and then complain of our Priviledges for being contrary to their Oath VII To the Reasons of the seventh Grievance We answer That for the great loss sustained by the University in Edward the Thirds time by the cruel and bloody outrage of the Townsmen against the persons and goods of many thousands of innocent Scholars the Maior Bayliffs and Commonalty then entered into two Bonds one of Five hundred pounds and the other of a hundred marks yearly to the University the former was given up upon the payment of fifty pounds only no way answerable to that loss the second was suspended by an Indenture of Composition so long as the Maior and sixty two such Townsmen as had been sworn that year to preserve the Priviledges of the University should yearly upon Scholastica's day repair to St. Maries Church and be there present at such service as was suitable to those times and should then and there offer sixty three pence which was to be distributed two parts of the poor and a third to the Minister of the Parish Upon the Reformation in Queen Elizabeths time by consent of both Corporations that Service was changed into a Sermon or Communion but the Offering was agreed to be continued which if the City will redeem the University expects First recompence for the remainder of the Mony abated upon that first agreement Secondly a reparation for the Scandal of this Article and Grievance there being none more abhorring of Superstition than they who are herein charged with an endeavour of continuing it VIII To the Reasons of the eight Grievance We answer 1. That the University by ancient Custome confirmed by Act of Parliament have used to make By-Laws for the better ordering and government of the University and Scholars therein which By-Laws bind not only Scholars but Tradesmen also in relation to the Ordering and Government of Scholars and not otherwise And this power is adjudged in diverse Book-cases to be binding unto strangers in the like cases albeit they never actually consented by themselves or any immediate Representatives to the making of such By-Laws 2. That the Petitioners themselves in other cases do both claim and exercise a like power over the Estates and Persons of diverse Inhabitants in Oxon not of their Corporation nor any waies privy or consenting to their Orders either by themselves or any Representatives As to the Instance concerning Taylors we answer as before That we have not made any By-Laws concerning them but in relation to the Government of Scholars and we conceive it inconvenient that it should be in the power of Taylors to inveagle young Gentlemen into new and chargeable fashions in Apparel contrary to the desires of their Parents the direction of their Tutors and the publick Discipline and Order of the University meerly to enhanse their own prices in the making and the Mercers gains in the selling of such dear but unnecessary trimmings as this Instance relates unto And we say farther That we know none more guilty of the Grievance here objected to the University than the Taylors of Oxford themselves are IX To the Reasons of the ninth Grievance We answer 1. That the particulars here in Question are meerly matter of Law to which of the two Corporations Felons Goods and Deodands do of right belong The University claims them as granted to us in express words by an Ancient Charter the only way by which they can be granted and this Charter is confirmed by Act of Parliament and we deny that the City have any such Charter precedent to ours that does grant them to the City and upon this we are ready to submit to a Tryal at Law 2. That if the Petitioners have no good Charter for them then their having the Custody and Charge of the Gaol and the power to try the Prisoners when they purchase such a Commission and their being liable to Escapes will not entitle them to the Goods of Felons much less to Deodands nothing being more known and ordinary than for several Lords of Franchises to have the Goods of such Felons as were their Tenants who yet are not kept or tryed at their charges 3. We say though the City have one Gaol with the custody whereof they are
should be chosen into the Office of Chamberlain of the said City to avoid the same about two days before the Election for the said Office did procure himself to be matriculated upon pretence that he was a Groom to one Dr. 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 Dr. 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 Vniversity by which means other Citizens are encouraged to withdraw themselves from their Majesties Service in the said City Answ. XIV We have hitherto made good our Claim to these Rights and Priviledges it remains that we clear our selves from the Charge of abusing them We have given no colourable Priviledges to any Member of the City but neither have nor could deny their just Rights to those that demand them Wildgoose as a Limner was entitled to his Priviledge the Right to it was vested in him by his Trade Matriculation is only declaratory of that Right Whoever will plead his Priviledge must register his Name and Men may lawfully forbear entry till they have need of the Plea His being Servant to Dr. Irish is a new Right to his Priviledge but his former Title was not destroyed by the new one that is superinduced The City surmise that he entred into this service to decline an Office there but he hath sworn that they in his Opinion put the Office upon him because he entered into this Service So that here we have his Oath against their Suspicion and which ever of the Assertions be true certain it is that the University cannot justly be blam'd for allowing him that Priviledge which according to their own Charters and their Agreements with the Town they could not lawfully deny him Wildgoose being excluded by these Regulators was not willing to return into the Company of those that excluded him and therefore did now embrace the opportunity of demanding that Priviledge which was long since due to him However that we may judge of the truth of these assertions it is equally false that he is Groom to Dr. Irish as that Turton is matriculated Gardiner to Exeter Colledge Turton is a Vintner Priviledg'd by the University and is entred as such that he exercises a Trade still is the consequent of his Licence that he bears no Office is the result of his Priviledge and these are such rights as the University can justly give and he as a Priviledg'd Man ought to enjoy The Oath of Freemen is founded on their obligation to the City and the force of it ceases when their dependance determines The University is above those mean designs which this Pamphlet charges on them They force no Man to be Priviledg'd nor accept the price of their Priviledge and if the Citizens are so pleas'd it would be an easie composition that no Free-man should ever enjoy it 2 dly We have no reason to think That Wildgoose was guilty of a Fraud because we have as yet receiv'd no proof against him However if his guilt was admitted it is very hard to imagine how his crime can possibly affect us and be made any part of the Charge against the Vniversity If he had any unjustifiable design in procuring his Matriculation is it probable that he would acquaint the Vice-Chan with it or that the Vice-Chan should know it without such notice A private discourse is said to have pass'd between Mr. Recorder and Wildgoose concerning a small Office in the Town and shall the University be thought parties to the Fraud for not hearing it If a man upon the like designs is entred a Clerk in the Common-Pleas shall the future discovery of his Fraudulent intentions cast any reflexion on the honesty of the Prothonotary or the integrity of the Iudges The Matriculation then of this Person cannot possibly be any crime in the University and therefore the whole offence must be resolv'd into our protection of him in his disobedience While his name remains in our Register he is one of our members and as such hath right to our protection But if the Fraud shall be prov'd to us we are ready to alter the roll and by consequence to deprive him of his Priviledge We do not therefore justify any Fraud because we know of none and it is the duty and interest of the City to take care that we should be acquainted with it This Priviledge was so far from being granted pendente lite that even before any cause of action it was obtain'd and therefore any Fraudulent design cannot in this Case be pretended to appear by a notoriety of the Fact but is to be made out by those means only which are not yet offer'd to us the Evidence of the Parties concern'd Till therefore Wildgoose's offence be prov'd to the Vice-Chancellor He cannot in justice alter the Register and as long as his name shall continue there we cannot but think with submission to this house that he hath a just title to all the Priviledges of a Matriculated Person For if one of your Honourable house shall by Bribery obtain an Election and after that a return and before any Examination of his Case in the house be sued in Westminster-Hall the Judges undoubtedly shall not have cognizance of his Crime nor can suffer his Bribery to be insisted on as a barr to his Priviledge Till the return be amended he is actually a member of your house and consequently hath yet a right to those Priviledges which you deservedly enjoy When the Bribery shall appear to your Committee They certainly will and they only can deprive him of any place in Parliament and so necessarily devest him of the Priviledge that attends it This house is undoubtedly sensible that this Case is exactly parallel to ours we are so far from being Patrons of Fraud that we desire an opportunity of punishing it we require nothing of the City but to add proof to their surmizes and then to receive justice as they ought from our hands We have been longer in the answer to this Objection because the Citizens have every where laid the greatest weight on it and because it seems requisite fully to convince this house that we are not more careful in maintaining our just rights than we are cautious in not abusing our power Thus have we sufficiently prov'd that those controverted Rights were not originally grounded on a late Charter but on ancient Customs and Grants most of them being expresly and all heretofore implicitly confirm'd by Parliament And now it is time to enquire what credit is to be given to those who have charged Novelty on those Grants which are as ancient as our Constitution and are the Inheritances of our Fore-Fathers They are such Priviledges as our University never did because they could not want the absolute necessity of them was the occasion of their ancient Usage and since That hath given us a Title to them we may reasonably hope that this Honourable House will now preserve them to us as well in favor to Learning as in respect to Justice Thus have we fully recited and answer'd all the Articles of the City and now we think it less nauseous to answer than to repeat their Rhetorick which hath no other Character of Truth than that of Plainess and Simplicity We cannot own that Card. Woolsey and Arch-Bishop Laud procur'd Charters absolutely new for us but in this we are oblig'd to them that they took care to have our Ancient Charters explain'd For since we are to deal with unquiet Men an Explanation of a former Grant is an equal favor to a new one If the University had Priviledges and declin'd the use of them it is such an instance of their Moderation as we wish and may wish to see copied by the City We have no design on the City The Present Act can give us no advantage over them and if we had purpos'd that it should have done so we would hardly have added the Proviso For whatever may seem to those Gentlemen the Force of the Clause is so evident to all Men of Sense and Law that in reference to the City it wholly disables and destroys the Bill We are not concern'd to accuse the Citizens but since some of them have been ready in surrendring their Charters and have since been forward Regulators we hope that they will take some more agreeable Standard to measure their Deserts by than the Merits of the University And now lastly if these Priviledges have been anciently ours transmitted to us from our Predecessors affirm'd by former Kings ratified by Statutes and generously defended by us in the most dangerous times We have reason to hope that our undoubted Rights will by this Honorable House be preserv'd to us both against the Encroachment of an Arbitrary Power and of an Unreasonable City FINIS
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
not To the Eleventh The University claims Felons Goods and Deodands by an ancient Charter confirmed by Act of Parliament and we deny that the City has any right to them at all To the Thirteenth The University does license Taverns in Oxford according to the true intent of the Statute 7 o Edw. 6 â—i and the persons so licensed are and may be Townsmen as well as Priviledged Persons And the City hath no right to set up any To the Fourteenth The University by ancient Custome and several Charters confirmed by Act of Parliament and special Compositions with the City doth Claim that Priviledg'd persons may exercise Trades according to the Law as far forth as any Townsmen But against the Law as not having served as an Apprentice in such Trades where the Law requires it we neither challenge nor exercise any more power then the Citizens themselves To the Second Tenth Twelfth and Fifteenth and part of the Fourth we have forborn to answer in regard the Petitioners have omitted them in their last paper of Grievances of the 10 th of April and by their Councel in the Audience of this Committee upon the 21. of Iune did openly declare they would not insist upon them To the Paper of Reasons exhibited by the Petitioners April 30. 1649. 1. To the Reasons of their first Grievance 1. TO the first Reason of their first Grievance We answer and deny it to be true that they have any such Charter allowed in Eyre or any such Custome as is pretended viz. Not to be sued out of their own Court Nor ought to have for the reasons following 1. For that the University Court and the jurisdiction thereof is of a higher antiquity then any Charter of the Citizens legally confirmed concerning their Court. 2. For that in the most and principal Charters of the City as also in such Acts of Parliament as tend to the confirmation of them there is an express saving of all the Rights and Priviledges of the University 3. For that it appears by common Practice that the Citizens mutually sue one another in the Courts at Westminster and elsewhere both by original Suits commenced in those Courts and by removing their Suits out of their own Courts by Writs of Habeas Corpus Certiorari and Writs of Error 4. For that they are ordinarily sued by Strangers both in the Courts at Westminster and other Courts and we cannot find that ever they pleaded any such Charter of Exemption or if they did that any such Plea was ever allowed to them Whereas the Universities Priviledge hath been frequently pleaded and in all ages allowed 2. Whereas the Petitioners claim by their Charters the same Liberties and Customs with London We answer 1. The Petitioners have not made it appear nor so much as asserted that London has any such Liberty or custome whereby They may not sue and be sued out of their own Courts 2. That supposing They have such a Liberty or Custome at present yet the Petitioners have not made it appear or so much as asserted that London had any such Liberty at or before the time of the Grant of those surmised Charters to the City of Oxford 3. That divers other Cities and Boroughs in England have by their respective Charters like Grants of the same Liberties with London and Oxon who yet are not exempted from suing and being sued out of their own Courts 4. That it will appear that the most ancient Charter which the City of Oxon can pretend to in relation to the liberties of London is utterly repugnant to it self as to the principal of those Liberties 5. That Custome is the work of time and grows without Charter and therefore can not be granted by Charter 6. That the Customs of London are of great variety to some of which notwithstanding their Charter be general for all the Citizens of Oxon do not pretend and to other some when they have laid claim by suits at common Law by petition to the Lord Maior and Aldermen of London by petition in Parliament and by pleadings in Eyre their claim has not been allowed 3. Whereas the Petitioners suggest that their Fee-Farm would be either lost or lessened in case their suits and trials should be in the Chancellors Court We answer 1. That ever since the Borough of Oxon was first rented out to that Corporation in Fee-Farm they have continually faln in their Rent but enhaunced their Revenues by Challenging and taking several particulars as belonging to their Fee-Farm which in truth are no part of it 2. That granting the perquisites of their Court from the proper Suiters to be part of their Fee-Farm yet their suing and being sued in the University Court where a Scholar or priviledged person is one party would nothing impair the just perquisites of their Court or Fee-Farm in regard it was never otherwise since they had either Court or Fee-Farm in Oxon. 4. Whereas the Petitioners conceive there are at this present near about a third part of the housholders within the City Priviledged by the University We answer 1. That we conceive a tenth part of the Housholders within the City and Suburbs are not priviledged persons And that as the benefit of their priviledge by the daily growing oppressions and vexation of the Petitioners is in a manner wholy destroyed so the number of priviledged persons is much less than ever it was heretofore within the memory of man 2. That if it were true which the Petitioners suggest it thence follows that the Petitioners by desiring as they do in their Article to restrain all Priviledged persons from exercising any Trade within the City do thereby desire to expose a third part of the Housholders within the City as being priviledged as they say to want and beggery To the second reason We answer That it proceeds wholly upon mistakes of the manner and rules of proceeding in the University Court which we conceive we have sufficiently cleared in our former Answer to their First Article of Grievances To the third Reason We answer That there is as quick expedition in our Court as in any other Courts and they may as well object That divers persons commenced several Suits in the Courts at Westminster for just debts due unto them by bond and for injuries committed against them and yet it may be for want of good proof by witness or otherwise as for want of able Councel or careful Atturnies to look well to their pleadings and executions or for want of abilitie in the parties sued after long and tedious suits and much expence have been destitute of any redress and therefore this manner of reasoning is not at all concludent being an argument drawn à non causa ut causa which if it were of any force we might easily turn the edge of it upon the Petitioners by giving instance in a Priviledged person who has a Cause now or lately depending in the Town Court wherein he sues divers Citizens for a just debt
upon Bond and though his debt and Bond were well proved or ready to be proved by sufficient witnesses and no defect in his Councel or Atturney nor any disability in the Defendants yet could he not get his mony in that Court after a long and tedious suit neer two years and much expence Yet is not the Court to be blamed but the dilatorie cunning of the Defendants and we cannot think it reasonable to charge the faylings of men or other intervening casualties upon the Law or the Court either theirs or ours the due proceedings of which later are in themselves as compendious as of any other ordinary Court whatsoever To the Fourth and last Reason We answer 1. That such Courts as ours have been found by long experience to consist very well with the most flourishing Commonwealths that ever were or are in the world and with the liberty of those people who had or have no other order or manner of proceedings in their Courts then such as is objected to ours 2. That as we humbly conceive the wisdom of this State in former ages thought it fit that our Ancestors should use the practise of the Civil Laws in our Court the better to train up young Students in the knowledge of them that they might thereby be made more serviceable to the Commonwealth in affairs at home and abroad 3. That our University Court is of such antiquity that the Common Law-Books and some very ancient take frequent notice of it the proceedings thereof being always allowed by the Common-Law And the Lord Chief Justice Cook in his Book Of the Iurisdiction of Courts in England lately published by authority of the Honourable House of Commons makes honourable mention of the Courts in both the Universities 4. That if the Citizens be Plaintiffes as most commonly they are besides the expedition which they may find there they may have the benefit of the Defendants Oath to ease them in their proof They may have good sureties put into Court not only to bring in the Defendants but also to pay the Iudgment and Costs of Suit they may arrest not only the Body of any Priviledged person but also his goods debts and things in Action 5. That though this particular if it were a grievance does not only concern the Citizens of Oxon but all others who shall have any commerce or dealing with Scholars or Priviledged persons yet have no others complained of our Court and the Petitioners of all others have least cause 6. That we do not challenge or exercise any other jurisdiction over the Petitioners or others in the University Court than the Citizens of Oxon themselves and all or most other Cities and Boroughs in England do claim and daily practice without contradiction over all other free-born people of the Land to wit to Arrest and compel them to answer in their respective Courts if they can be there legally attached to Answer 7. That we do not claim or exercise any greater or other Priviledge in this particular than as we conceive is granted to and used by other Universities in Europe as well as ours to wit to sue and be sued before their own Judge a Priviledge indulged to them and us in favor of Learning that Scholars may not be called abroad to answer Suits to the great neglect of their studies and expence of their time and mony 8. That in mixt Suits where one party is of the Priviledge of the University and the other of the City since it cannot be otherwise but such Causes must be heard and determined either in our Court or the Town Court or both must be subject to a forreign jurisdiction which would be equally repugnant to the Priviledges of both Bodies no way advantagious unto them and extreamly inconvenient for us we cannot but conceive it more consonant to justice and withal more convenient that the Priviledge of the Vniversity should herein take place of theirs 1. Because this Priviledge has been anciently granted to us and we have been many hundred years in possession of it and it is also confirmed unto us by Act of Parliament 2. Because the Judges in the University Court having no interest in the particular Suits brought before them cannot be thought other then indifferent Whereas if Scholars should be Sued in the Town Court where the Maior and Bayliffs Judges and Jury are all Tradesmen it is very much to be feared it would go hard with the poor Scholars 3. Because as we humbly conceive the University is still as it has alwaies been reputed the more noble Corporation more Serviceable in the publick and in which the whole Nation has a greater interest than in the City or Citizens who for the most part are beholding to the University for much of their livelyhood and subsistence as themselves in the fifth Article do imply whereas we have no dependence upon them but only wares for our mony at dear rates 4. Lastly Because as we likewise conceive if the Petitioners should prove so unfortunately successful in their desires to obtain the liberty of Suing Scholars in their Town-Court it would prove in the end very prejudical to themselves for besides that it would minister occasions of discontent and continual quarrels betwixt the Bodies it would deter Scholars from having any dealing or commerce with their new Judges the Citizens II. To the Reasons of their second Grievance made up with divers specious instances to cast aspersions upon the Universities Right and Priviledge of the Night-walk We answer 1. That the Right and Custome is so ancient so strengthned by confirmation of Parliament and the benefit thereof so great to all inhabitants by the careful practice and exercise of it and the continuance of it so absolutely necessary for the good government of the University especially for securing younger Scholars against the many temptations to lewdness and loosness which they ordinarily are exposed to by means of such Townsmen as make their own advantage out of the others luxury and deboystness that no man of any civil conversation Stranger Sojourner Citizen or other hath ever expressed the least reluctancy against it As for such disorderly walkers who are of a contrary disposition it is used only to reduce them to civility and the Proctors exercise the like power over them which the Constables and Magistrates in other places are allowed by the Laws of the Land to preserve the quiet of the place and to punish the misdemeanors of such as are disorderly 2. We do not know that any Proctors ever exercised such power over the Publick Magistrates of the City in the due execution of their offices as is charged in this Article Or if any did the parties grieved might have their remedy against them the University does not claim any such power 3. We answer and deny that the City have any such ancient Charters concerning five Aldermen and eight assistants of the City as is pretended in this Article 4. We likewise deny that in the
charged yet there is another whithin the Liberties of the City and used by the County to which the University does commit most of their Prisoners and may do so by all 4. Though they by charged with their Gaol and Prisoners yet it is very little charges to them such Prisoners as have wherewithal being maintained out of their own goods and such as have not by Alms especially of the University and Colledges the Gaoler in the mean time making a good advantage of his place by Fees and otherwise 5. What charges they voluntarily put themselves to in the trials of Felons is more than they need to do for if the Felons be of the Body of the University they may be tried before our Steward at our charges if we please And if they be not of our Body they may and have been tried before the Judges of Assize and Gaol-delivery for the County 6. Why such Perquisites as are meerly matter of profit should be thought by the Citizens so improper for Scholars to enjoy we do not understand nor do we know how they do or can engage Scholars in such trouble as is surmised which the University do receive by the hands of their Bailiffs and may if they please rent them out to any other person 7. All the pretentions of the Petitioners in point of convenience do nothing respect either Deodands the goods of Fugitives Treasure Trove and other particulars which are in like manner challenged both by the University and City upon the same titles as Felons Goods are X. To the Reasons of the tenth Grievance 1. We answer and deny that the City hath any power by Charter or otherwise to set up Taverns or to Licence the selling of Wine by retail in Oxon nor doth the Statute of 7o. Edw. 6 ti cap. 5 â—o by Letter or Equity enable them so to do But the University both at the time and long before the making of that Statute had and used the Priviledge of Licensing and suppressing of Taverns in Oxon. And this our Priviledge is saved unto us by an express Proviso in that Statute by virtue whereof we do justifie the inhibiting the City to erect Taverns or Licence the sale of Wine by retail in Oxon. 2. We further say that in respect of that power which we claim and exercise over Vintners Brewers Bakers and other Victualers and in the Market and for those small perquisites we receive thence the Citizens are yearly abated and the University was anciently charged with a considerable part of their Fee-Farm-rent whereas we do not receive any considerable benefit this way proportionable to what the City hath or claims to have as belonging to their Fee-Farm other ways XI To the Reasons of the Eleventh Grievance 1. We answer that it is one of the most ancient Liberties of the University that the Priviledged persons thereof may use any Trade and exercise any Merchandize in Oxford or the Suburbs thereof as freely as any Citizen and this hath been confirmed unto us not only by Act of Parliament and Judgment in Parliament but also by Indentures of Composition between the two Bodies whereby the Priviledged persons have been ascertained that should exercise such Trade and Merchandize who in that regard are to be talliable by scot and lot and other charges with the Free-men of the City 2. We do not otherwise than according to this Priviledge assume power to set up trades within the City nor do we authorize Forreigners to exercise Trades in Oxon other than such as by the Law of the Land and Priviledge of the University are and ought to be allowed however some of them have of late years been unjustly molested by the Citizens for so doing 3. We deny that the City has any Charter so confirmed as is pretended to exclude Priviledged persons from exercising lawful Trades and selling by Retail within the City though they be not of their Guild no such Charter having hitherto been produced upon former Hearings when this point has been in debate betwixt us 4. Lastly we humbly conceive this Liberty cannot in equity and good conscience be taken from Priviledged persons who are many of them Butlers and Manciples or other Officers and Servants to the University and the Colledges and Halls therein having wives and Children to maintain which they cannot otherwise do than by Exercising lawful Trades their small wages and allowances which they receive by their respective places being scarce sufficient to maintain them in meat and cloaths and other necessaries if they were single persons and had no other charge To the Conclusion By what hath been said on either party we suppose it does sufficiently appear that some of the particulars in controversy betwixt us which the University claims as their just and ancient Priviledges and the City complain of as Grievances do concern meerly matter of profit and interest to which if our Title be good in Law we hope they will not be thought inconvenient for us to enjoy though the City desire to strip us of them And because a full hearing and exact discussion of all their and our Charters and Pretensions would occasion much trouble to this Honourable Committee we therefore humbly pray that we may be left to a tryal at Law for all such things as are meerly matter of Title and not be disturbed in our possession till we shall be evicted by Law As for other Particulars which concern matter of Power and Iurisdiction we likewise humbly desire that our Right may be cleared and acknowledged first and then the matter of Convenience taken into consideration whereby we hope it will appear that as those Priviledges are just and legal so they are no way unfit but absolutely necessary for us to enjoy as tending to the advancement of Piety Civility and Learning no way derogatory to the Power of the Civil Magistrate not founded upon Superstition or Tyranny nor inconsistent with the just freedome and immunities of the Citizens Wherein we desire it may be considered That many large immunities and Priviledges have been granted and are enjoyed by the City in respect of the University That their principal Benefactors have been members of the University That they receive an ample benefit by our continual commerce and trading with them all or most of our Revenue coming in from abroad but expended amongst them That their Children receive a liberal education and preferment amongst us beyond the proportion of other places That if it were not for the University the City of Oxford would be but of mean consideration That there are many other Cities but only one more University in the Land and those two as famous as any in the World That the Universities are the publick Nurseries of Religion Piety Learning and Civility and therefore have ever been the great Care of Parliaments and the Glory of the Nation That though some of the Powers claimed and exercised by the University over the Citizens may seem Grievous to the Citizens yet
are they Necessary for us without which it would be impossible to give a good accompt of that great trust which is committed to us for the training up of youth upon whose education not only their own welfare but the flourishing condition of the Common-wealth next under God does very much depend We therefore humbly desire and pray That the Golden reins of that ancient Discipline by which both the University and City have for so many hundred of years stood and flourished together may not be let loose to the certain debauching of both Bodies for the enriching and advantage of one nor be committed to other hands which would we fear engage the members of both Bodies in continual quarrels and open a gap to such sad consequents as we shall be sorry to see but unable to prevent FINIS THE CASE OF THE University of Oxford Shewing That the City is not concern'd to oppose the Confirmation of their CHARTERS by PARLIAMENT Presented to the Honourable House of Commons on Friday Ian. 24. 1689 90. Oxford Printed at the THEATER 1690. THE CASE OF THE UNIVERSITY of OXFORD Shewing that the City is not concern'd to oppose the Confirmation of their CHARTERS by PARLIAMENT THE University desire this Confirmation of their Charters by Act of Parliament only to secure themselves from a return of those Encroachments in any succeeding Reign which they experienc'd in the last For when once the Grants of Kings to the University in general and to every Colledge in particular shall be affirmed by Law it is evident that there will be no pretence nor color left for any Arbitrary Power to violate our Priviledges for the future As the University design'd nothing more by this Bill but this Security to themselves so were they careful to remove from the City all grounds of Jealousie on this occasion And therefore they of their own accord charg'd this Act with a Proviso which fully secures the Rights Liberties and Immunities of the City and puts them wholly out of the reach of this Bill As the confirmation is by Act of Parliament so is the Proviso made by the same Authority and therefore no greater power can secure our rights than that which as Effectually restrains our Encroachments The Town of Cambridge are so sensible of their own Security in this Clause that though they have equal Reason to oppose this Bill as the City of Oxford yet they wholly rest satisfied with the Proviso But the Citizens of Oxford have taken this opportunity to present a List of their old pretended Grievances most of which were offer'd to the Parliament as then call'd in 1649 and rejected even by that Assembly It is conceiv'd that the City of Oxford will by force of the Proviso have the same liberty to dispute the Justice of our Rights after this Act as before it and that therefore they are in no wise concern'd to oppose the Bill but may without danger to them be referr'd to the ordinary course of Law However since they have represented as new Grants the ancient and unquestionable Rights of the University founded on immemorial Customs ancient Charters of Kings and confirm'd all except one by Act of Parliament it hath been thought sit to discover that Fallacy and to give a full Answer to every one of their Articles I. BY a Charter bearing date the 30. day of March 11. Car. 1. the sole Licensing of Taverns is Granted to the Vniversity and all Magistrates and others within or without the Vniversity except the Chancellor and his Vice-Chancellor are prohibited to intermeddle with the Licensing of Vintners in Oxford and none are to License any Ale-houses there but by the Express consent of the Chancellor or Vice-Chancellor and by colour of this Grant they do License Ale-house-keepers and take Recognizances but did never Return any of them to the Quarter Sessions until about ten years last past and have since Returned the same but seldom Whereas by the Statute made 7. Edw. 6 th the Power of granting Wine-Licenses in Oxford is Vested in the City and also by the Ancient Charters of the said City none that is not of the Guild of the said City ought to sell any Wine by Retail in the same and the Magistrates of the said City by several Acts of Parliament have Power as Their Majesties Iustices of the Peace to License Inns and Ale-houses within the said City Answer I. The University claims the sole Licensing of Taverns but derives that Power much higher than from the Charter of Car. 1. The recital and explanation of ancient Priviledges in that Grant will not reduce them to as low a date as the Charter it self And therefore since this Power was originally vested in us at least under E. 3 We still justifie our claim to it as given by him and always sav'd to us in the Statutes of his Successors The 7. Ed. 6. doth not take away this Power but set limits to it it restrains the University to three Taverns only and neither by Letter or Equity enables the City to License any The 12. Car. 2. saves the Rights of the University and takes away all pretences of any right from the City For if that power which is now lodg'd in the University should be taken away from us It is evident That according to the legal exposition of that statute the King only and not the City could have any advantage by our loss For since all independant Corporations which had once an indisputable right of granting Licenses are restrain'd by this Law it is easy even for the City to inferr That a Subordinate Corporation which could heretofore lay no good claim to that power must at least equally be subject to that restraint 2. The Licensing of Ale-Houses is a Right of as ancient a date as the former but not always perhaps in so express words sav'd to us This Power as a branch of the Clerk-ship of the Market was indisputably ours and in all Compositions with the Town was heretofore so esteem'd and allow'd nor is it as we conceive lessen'd by 5. and 6. Ed. 6. For the intent and design of that Act is to permit none to keep an Ale-house but those that are Licens'd by two Justices but not to authorize all to keep one who can obtain that License The Vice-Chancellor therefore doth still retain his Negative Voice nor is it reasonable since the inconvenience of Ill Houses in Oxford would be so great that any should be permitted there without his Consent and Approbation But Lastly it is to be noted That though in the precedent Statute the Rights of the University be not expresly sav'd yet that this Law is no otherwise enforc'd and continued by 1 Iac. c. 9. than that the ancient Priviledges of the University should not be lessen'd by it II. By the said Charter it is Granted that the Chancellor Vice-Chancellor or Proctors shall have Power to search by Day or by Night for suspicious Persons and for such as can
give no Account of themselves and to punish such as are faulty by Imprisonment Banishment or otherwise with a mandate to the Maior and Officers of the Town to be Assistant to the search after such Offenders and by colour of this Charter and a pretended Custom they claim a Power to impose Forty shillings upon any Person whether Citizen or Stranger being out of his House or Lodging after Nine of the Clock which they have Exercised not only upon Private Citizens but upon the Magistrates of the City in the Execution of their Offices and have Imprisoned the Constables for keeping Watch and Ward according to the Statute of Winchester which is a great Invasion upon the Liberty of the Subject and hath been often so declared in Westminster-Hall wherefore it is humbly hoped this Parliament will not Affirm the same by a Law Answ. II. The Power of the Night-watch is vested in both Universities by immemorial Custom confirm'd to the University of Oxford by the Charters of Hen. 3. and Ed. 3. ratified by Act of Parliament under Qu. El. and only more largely explain'd by the Charter of Car. 1. This Power being totally vested in the Vice-Chancellor and Proctors those Persons who have set up a Watch upon pretence of their Office with a design'd Affront to the University have formerly been a merc'd by the Vice-Chan and that Sentence against them was upon an Habeas Corpus brought in Painter's Case affirm'd in the Kings-Bench But yet if those Turbulent Persons had not other designs than to aid the University in their Watch their assistance is so far from being forbidden by that Charter that it is expresly requir'd The Statute of Winchester indeed enjoins a Watch to be kept but takes not away the Universities Power of keeping it So that the performance of this Duty by the University can be no breach of that Statute but the neglect of it might be so 2. The right of this Power being thus clear'd much might be added concerning the absolute necessity of the continuance of it especially since the exercise of it hath always been such that nothing can be reasonably objected against the good Management of that Office We have no power to punish men for being out of their Houses after Nine if they have any reasonable Cause for being so and we appeal to the Citizens themselves whether we have ever been severe in admitting their Reasons or Excuses III. By the said Charter the Clerkship of the Market is Granted to the University with free Power to Dispose of the Stalls and Standing-Places in the Markets to have the full Government of the Markets and to take Toll in the Markets Whereas the University hath only a Title to the Clerkship of the Market and that did Anciently belong to the City but the Markets and the placeing of them and all Stallage Piccage and Toll and all other Profits therein by ancient Usage and Prescription do yet belong unto the City and for the Profits thereof the City doth pay a large Fee-Farm to Their Majesties So that in case the said Charter shall be confirmed by Parliament the said City will lose the said Markets and Profits arising thereby which is a very considerable part of that Revenue whereby the Corporation is maintained and supported Answ. III. The University by the Charters of Hen. 3. and Ed. 3. had the full Government of the Market and all other Incidents to that Office The City indeed did pretend to take Toll but upon complaints against it in Parliament 14 Ed. 2. and 28 Hen. 6. were obliged to desist And in the year 1429 they did in Convocation openly disown both Toll and Stallage and a publick Instrument was thereupon made The Town do not pay any Fee-Farm-Rent to the King for these Profits but on the contrary the University were obliged in 29. Ed. 3. to pay five pounds to the King for the Clerkship of the Market and these Perquisites thereof IV. Power is given to the University by the said Charter to hold a Court-Leet or view of Frank Pledge as well over the Town and all the Inhabitants as over the Vniversity that it shall be a full and compleat Leet and that the University shall have the Perquisites thereof and Power to Distrain for the same Whereas the City hath Five Leets one Absolute and Compleat for North-gate Hundred and four other for the Four Wards within the City and therein have all the Power of Leets Except 1 st the Enquiry into the Assize and Assay of Bread Beer and Wine 2 d. The Examination of Weights and Measures 3 d. The Punishment of Fore stallers and Regraters 4 th The Punishment of Putrid Victuals 5 th The Punishment of those who wear Arms in the Vniversity And 6 th the Survey of the High-ways and Streets which being Anciently likewise in the City were 29. Ed. the 3d. surrendered into the King's Hands and by Him Granted to the University and for these Six Points the Vniversity have ever since 29. Ed. 3 d. held a qualified Leet over the City and Suburbs for so much and for so many Things and Inquiries as were given to the Vniversity 29. Ed. 3 d. And this Leet is to be served by a mixt Iury one half Priviledged Men and the other half Free and the Penalties imposed by the said Vniversity in this Leet are to be Estreated and sent to the City and to be Levied by them to their own use towards their Fee-Farm Answ. IV. The University doth not only claim a qualified Leet by the Grant of Ed. 3. but prescribes to an absolute and complete Leet which was ratified to them by the Charter 14. H. 8. and confirmed by Act of Parliament 13. Eliz. The Town cannot prove that the Profits of our Leets were ever granted to them and if they could yet the University was first intitled to them by far more ancient Charters and consequently could not be deprived of that Right by any subsequent Grant V. By the said Charter it is Granted that the University shall have Power to make Orders and Laws to bind all the Inhabitants in the said City Whereas the City and University are two distinct Corporations and the one in no sort Subordinate to the other and therefore it is not reasonable that the Citizens should be bound by Laws which they never consented to by themselves or their Representatives Answ. V. This Charter doth no otherwise subject the City to the University than former Grants and Acts of Parliaments had subjected it They were always before a Corporation subordinate to us and in Law as well as Interest dependant on us They are accountable to us in our Courts they do every year take an Oath of Fealty to us and these if any are sufficient Tokens of Subjection 2. Since therefore our Corporation is superior to them it is no wonder that our By-Laws should oblige them And this Power was not as they would pretend granted to us by Car. 1. but is an