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.
      
       
         
           1690
        
      
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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, 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.
          
           [8], 54 p.
           
             Printed at the Theater,
             Oxford :
             1690.
          
           
             "The case ..." has special t.p.
             Includes "The humble petition of the ... city of Oxford," to which pt. 1 is the answer.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Oxford (England). -- Humble petition of the maior, aldermen, bayliffs, and commonaltie of the city of Oxon.
        
      
    
     
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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
                 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
                   .
                
                 
                   2.
                   
                   That
                   the
                   number
                   of
                   
                     poor
                     People
                  
                   ,
                   both
                   now
                   and
                   heretofore
                   abounding
                   in
                   the
                   City
                   ,
                   is
                   very
                   much
                   occasioned
                   by
                   the
                   Petitioners
                   illegal
                   erecting
                   of
                   multitudes
                   of
                   Cottages
                   upon
                   the
                   Town
                   wall
                   and
                   Ditch
                   ,
                   which
                   they
                   rent
                   out
                   to
                   such
                   poor
                   people
                   ,
                   and
                   thereby
                   much
                   enhance
                   their
                   own
                   Revenues
                   ,
                   to
                   the
                   prejudice
                   and
                   impoverishing
                   of
                   the
                   University
                   ,
                   by
                   whose
                   Free
                   and
                   charitable
                   contributions
                   those
                   poor
                   are
                   exceedingly
                   relieved
                   and
                   maintained
                   .
                
                 
                   3.
                   
                   That
                   if
                   all
                   the
                   Charitable
                   donations
                   given
                   to
                   maintain
                   the
                   
                     Poor
                     of
                     Oxford
                  
                   by
                   several
                   
                     Members
                     of
                     the
                     Vniversity
                  
                   were
                   rightly
                   imployed
                   by
                   the
                   Petitioners
                   to
                   that
                   end
                   for
                   which
                   they
                   were
                   given
                   ,
                   they
                   could
                   not
                   want
                   a
                   convenient
                   stock
                   wherewithall
                   to
                   set
                   them
                   on
                   work
                   ,
                   as
                   we
                   conceive
                   .
                
                 
                   4.
                   
                   That
                   the
                   improvement
                   desired
                   by
                   the
                   
                     inclosure
                     of
                     Portmead
                  
                   would
                   not
                   be
                   only
                   to
                   the
                   prejudice
                   of
                   the
                   right
                   of
                   several
                   Colleges
                   and
                   their
                   Tenants
                   in
                   respect
                   of
                   their
                   said
                   
                     right
                     of
                     Common
                  
                   therein
                   ,
                   but
                   to
                   the
                   general
                   impoverishment
                   of
                   the
                   poor
                   inhabitants
                   of
                   the
                   City
                   ,
                   who
                   claim
                   and
                   use
                   a
                   like
                   right
                   of
                   Common
                   in
                   the
                   said
                   ground
                   ,
                   which
                   hath
                   been
                   ,
                   and
                   is
                   a
                   great
                   support
                   to
                   them
                   ,
                   and
                   therefore
                   when
                   the
                   like
                   design
                   of
                   enclosure
                   hath
                   heretofore
                   been
                   attempted
                   by
                   the
                   richer
                   Citizens
                   ,
                   it
                   has
                   been
                   mainly
                   opposed
                   and
                   hindred
                   by
                   the
                   poor
                   inhabitants
                   of
                   Oxon
                   ;
                   and
                   so
                   (
                   we
                   conceive
                   )
                   they
                   do
                   oppose
                   it
                   at
                   present
                   .
                   And
                   it
                   is
                   to
                   be
                   considered
                   that
                   the
                   
                     piece
                     of
                     ground
                  
                   which
                   they
                   desire
                   
                   to
                   enclose
                   containes
                   by
                   estimation
                   eight
                   hundred
                   Acres
                   of
                   rich
                   Meadow
                   .
                
                 
                   5.
                   
                   If
                   the
                   City
                   have
                   the
                   inheritance
                   of
                   Port-meadow
                   ,
                   and
                   that
                   it
                   shall
                   be
                   thought
                   fit
                   to
                   give
                   way
                   to
                   such
                   an
                   inclosure
                   as
                   is
                   desired
                   for
                   the
                   ends
                   by
                   them
                   proposed
                   ,
                   the
                   University
                   will
                   not
                   oppose
                   ,
                   so
                   as
                   their
                   interest
                   in
                   the
                   disposing
                   ,
                   and
                   the
                   right
                   of
                   the
                   Colleges
                   and
                   their
                   respective
                   Tenants
                   be
                   preserved
                   ;
                   or
                   a
                   valuable
                   consideration
                   given
                   them
                   in
                   recompence
                   of
                   their
                   said
                   Common
                   in
                   the
                   said
                   Meadow
                   .
                
              
            
             
               
                 To
                 the
                 first
                 Article
                 of
                 the
                 Cities
                 pretended
                 Grievances
                 .
              
               
                 
                   1.
                   
                   WE
                   answer
                   and
                   say
                   .
                   That
                   the
                   University
                   hath
                   ,
                   time
                   out
                   of
                   mind
                   ,
                   (
                   and
                   are
                   warranted
                   so
                   to
                   do
                   by
                   divers
                   Charters
                   confirmed
                   by
                   Act
                   of
                   Parliament
                   )
                   exercised
                   Power
                   and
                   Iurisdiction
                   in
                   all
                   causes
                   mentioned
                   in
                   this
                   Article
                   ,
                   whereof
                   or
                   wherein
                   a
                   Priviledged
                   person
                   is
                   one
                   party
                   .
                
                 
                   2.
                   
                   We
                   do
                   claim
                   Allowance
                   of
                   our
                   Priviledge
                   for
                   such
                   Persons
                   justly
                   priviledged
                   ,
                   as
                   the
                   Chancellor
                   shall
                   under
                   the
                   Common
                   seal
                   certifie
                   to
                   any
                   Court
                   to
                   be
                   so
                   priviledged
                   ;
                   and
                   we
                   have
                   had
                   it
                   without
                   the
                   formalitie
                   or
                   charge
                   of
                   long
                   Pleading
                   ,
                   paying
                   only
                   a
                   fee
                   for
                   the
                   allowance
                   of
                   the
                   Certificat
                   .
                
                 
                   3.
                   
                   We
                   have
                   ever
                   proceeded
                   according
                   to
                   the
                   course
                   of
                   the
                   
                     Civil
                     Lawes
                  
                   ,
                   and
                   after
                   witnesses
                   have
                   been
                   openly
                   produced
                   in
                   Court
                   and
                   sworne
                   ,
                   their
                   examinations
                   are
                   taken
                   in
                   writing
                   by
                   the
                   Judge
                   and
                   Register
                   ,
                   and
                   then
                   published
                   ,
                   that
                   all
                   parties
                   may
                   have
                   Copies
                   of
                   them
                   ,
                   according
                   to
                   the
                   course
                   of
                   the
                   Civil
                   Law
                   ,
                   the
                   High
                   Court
                   of
                   Chancery
                   ,
                   and
                   the
                   Admiralty
                   .
                
                 
                   4.
                   
                   We
                   do
                   not
                   Proceed
                   in
                   an
                   Ecclesiastical
                   way
                   ,
                   but
                   in
                   causes
                   Ecclesiastical
                   .
                
                 
                   5.
                   
                   Sometimes
                   heretofore
                   we
                   have
                   used
                   the
                   censure
                   of
                   Excommunication
                   against
                   our
                   own
                   Members
                   at
                   the
                   instance
                   and
                   for
                   the
                   benefit
                   of
                   the
                   Citizens
                   ;
                   but
                   not
                   so
                   these
                   fifteen
                   or
                   sixteen
                   years
                   ,
                   and
                   that
                   course
                   being
                   now
                   in
                   effect
                   abolished
                   by
                   Act
                   of
                   Parliament
                   ,
                   it
                   cannot
                   be
                   matter
                   of
                   present
                   or
                   future
                   Grievance
                   to
                   the
                   Petitioners
                   .
                
                 
                   
                   6.
                   
                   We
                   do
                   use
                   Summons
                   or
                   Citations
                   at
                   first
                   ,
                   before
                   we
                   grant
                   out
                   an
                   Arrest
                   against
                   persons
                   of
                   quality
                   ,
                   and
                   such
                   as
                   are
                   likely
                   to
                   abide
                   and
                   continue
                   within
                   the
                   jurisdiction
                   :
                   But
                   against
                   Strangers
                   that
                   have
                   no
                   abiding
                   there
                   ,
                   and
                   against
                   such
                   as
                   are
                   like
                   to
                   fly
                   we
                   do
                   grant
                   Arrests
                   without
                   any
                   previous
                   Citation
                   .
                
                 
                   7.
                   
                   That
                   our
                   Sentences
                   are
                   (
                   as
                   the
                   Petitioners
                   untruly
                   suggest
                   )
                   
                     meerly
                     arbitrary
                     and
                     grounded
                     upon
                     no
                     Law
                     ,
                     but
                     at
                     the
                     will
                     of
                     the
                     Iudge
                     ,
                  
                   we
                   deny
                   ;
                   for
                   in
                   his
                   Sentences
                   the
                   Judge
                   followes
                   the
                   Justice
                   and
                   Equity
                   of
                   the
                   Civil
                   Law
                   ,
                   and
                   Common
                   Law
                   ,
                   and
                   the
                   Statutes
                   of
                   the
                   Land
                   ,
                   against
                   which
                   he
                   cannot
                   nor
                   does
                   not
                   judge
                   .
                
                 
                   8.
                   
                   If
                   the
                   Judge
                   be
                   thought
                   to
                   have
                   judged
                   erroniously
                   or
                   unjustly
                   ,
                   
                     Writs
                     of
                     Error
                  
                   are
                   not
                   brought
                   to
                   our
                   Court
                   ,
                   because
                   the
                   manner
                   of
                   proceedings
                   there
                   are
                   not
                   as
                   at
                   the
                   Common
                   Law
                   ,
                   but
                   the
                   party
                   grieved
                   may
                   either
                   appeal
                   ,
                   or
                   complaine
                   of
                   a
                   nullity
                   ,
                   and
                   have
                   redress
                   .
                   And
                   if
                   it
                   be
                   appealed
                   in
                   the
                   University
                   there
                   are
                   there
                   appointed
                   yearly
                   four
                   or
                   five
                   Doctors
                   ,
                   and
                   some
                   Masters
                   from
                   the
                   Congregation
                   and
                   Convocation
                   to
                   hear
                   the
                   complaint
                   ,
                   and
                   from
                   their
                   judgments
                   there
                   lies
                   an
                   Appeal
                   to
                   the
                   Supream
                   Power
                   in
                   Chancery
                   ,
                   where
                   the
                   Judges
                   of
                   the
                   Land
                   and
                   other
                   learned
                   Lawyers
                   ,
                   both
                   Common
                   and
                   Civil
                   ,
                   have
                   usually
                   been
                   nominated
                   Judges
                   Delegates
                   ,
                   as
                   in
                   the
                   Admiralty
                   and
                   Prerogative
                   Court.
                   
                
              
            
             
               
                 To
                 the
                 Third
                 .
              
               
                 The
                 University
                 does
                 claim
                 the
                 Night-walke
                 ,
                 and
                 by
                 Custome
                 confirmed
                 by
                 Act
                 of
                 Parliament
                 ,
                 hath
                 exercised
                 the
                 same
                 time
                 beyond
                 the
                 memory
                 of
                 man
                 ;
                 and
                 that
                 if
                 any
                 man
                 be
                 found
                 by
                 the
                 Proctors
                 abroad
                 in
                 the
                 night
                 without
                 a
                 
                   reasonable
                   cause
                
                 by
                 the
                 same
                 Custome
                 he
                 is
                 liable
                 to
                 pay
                 forty
                 shillings
                 for
                 his
                 Noctivagation
                 ;
                 and
                 this
                 extends
                 as
                 well
                 to
                 Townsmen
                 as
                 Scholars
                 or
                 Strangers
                 .
                 But
                 for
                 barely
                 
                   being
                   abroad
                
                 about
                 a
                 mans
                 own
                 private
                 ,
                 or
                 any
                 other
                 publique
                 occasions
                 ,
                 such
                 as
                 are
                 specified
                 in
                 this
                 Article
                 ,
                 we
                 absolutely
                 deny
                 .
              
               
                 2.
                 
                 We
                 further
                 affirme
                 ,
                 that
                 if
                 any
                 man
                 be
                 taken
                 in
                 the
                 Night
                 he
                 may
                 put
                 in
                 Bayl
                 and
                 shew
                 a
                 reasonable
                 cause
                 of
                 such
                 his
                 being
                 
                 abroad
                 the
                 next
                 day
                 ,
                 or
                 as
                 soon
                 as
                 he
                 can
                 ;
                 and
                 upon
                 his
                 so
                 doing
                 he
                 is
                 to
                 be
                 dismissed
                 without
                 any
                 payment
                 .
              
               
                 3.
                 
                 If
                 any
                 Proctor
                 have
                 at
                 any
                 time
                 transgressed
                 the
                 just
                 bounds
                 of
                 their
                 power
                 ,
                 the
                 University
                 does
                 not
                 avow
                 them
                 in
                 it
                 :
                 the
                 party
                 grieved
                 may
                 take
                 his
                 course
                 against
                 him
                 .
              
            
             
               
                 To
                 the
                 Fourth
                 .
              
               
                 The
                 University
                 time
                 out
                 of
                 minde
                 hath
                 used
                 the
                 sole
                 power
                 of
                 admitting
                 or
                 Licensing
                 Common
                 Brewers
                 .
              
            
             
               
                 To
                 the
                 Fifth
                 .
              
               
                 The
                 University
                 never
                 did
                 challenge
                 or
                 exercise
                 any
                 such
                 power
                 as
                 is
                 mentioned
                 in
                 this
                 Article
                 .
              
            
             
               
                 To
                 the
                 Sixth
                 .
              
               
                 The
                 University
                 doth
                 not
                 take
                 upon
                 them
                 to
                 Discommon
                 any
                 man
                 
                   at
                   pleasure
                
                 ;
                 but
                 only
                 upon
                 very
                 great
                 cause
                 and
                 wrong
                 to
                 the
                 University
                 ,
                 after
                 monition
                 and
                 due
                 proceedings
                 ,
                 and
                 that
                 by
                 common
                 consent
                 in
                 Convocation
                 .
              
            
             
               
                 To
                 the
                 Seventh
                 .
              
               
                 The
                 University
                 by
                 several
                 Charters
                 ,
                 confirmed
                 by
                 Act
                 of
                 Parliament
                 ,
                 does
                 require
                 an
                 
                   Oath
                   of
                   the
                   Maior
                   and
                   sixty
                   two
                   Citizens
                   ,
                
                 to
                 maintain
                 their
                 lawful
                 Priviledges
                 ,
                 and
                 so
                 it
                 is
                 expressed
                 in
                 the
                 Oath
                 .
              
            
             
               
                 To
                 the
                 Eighth
                 .
              
               
                 The
                 University
                 doth
                 challenge
                 by
                 Agreement
                 and
                 Indenture
                 under
                 the
                 common
                 Seal
                 of
                 the
                 Town-Corporation
                 the
                 Offering
                 of
                 sixty
                 three
                 pence
                 yearly
                 by
                 the
                 Maior
                 and
                 sixty
                 two
                 Burgesses
                 :
                 But
                 without
                 any
                 relation
                 to
                 the
                 High-Altar
                 ,
                 or
                 Mass
                 ,
                 or
                 the
                 Souls
                 of
                 so
                 many
                 persons
                 slain
                 .
              
            
             
               
                 To
                 the
                 Ninth
                 .
              
               
                 The
                 University
                 by
                 Custome
                 ,
                 confirmed
                 by
                 Act
                 of
                 Parliament
                 ,
                 does
                 claime
                 a
                 power
                 to
                 make
                 By-Lawes
                 ,
                 for
                 the
                 good
                 government
                 of
                 the
                 University
                 and
                 the
                 Peace
                 of
                 the
                 Place
                 ,
                 in
                 such
                 things
                 as
                 belong
                 solely
                 to
                 the
                 jurisdiction
                 of
                 the
                 University
                 ;
                 whereby
                 the
                 Townsmen
                 as
                 well
                 as
                 others
                 are
                 obliged
                 in
                 order
                 
                 to
                 the
                 peace
                 and
                 good
                 government
                 of
                 the
                 University
                 :
                 But
                 in
                 things
                 that
                 belong
                 to
                 the
                 government
                 of
                 the
                 City
                 we
                 meddle
                 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
                 ●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
                     case
                     of
                     Noctivagation
                     the
                     Proctors
                     are
                     any
                     Iudges
                     at
                     all
                     ,
                     but
                     only
                     Relators
                     of
                     the
                     Offendors
                     ;
                     nor
                     are
                     they
                     to
                     have
                     the
                     forty
                     shillings
                     ,
                     but
                     only
                     the
                     half
                     in
                     case
                     of
                     legal
                     conviction
                     ,
                     as
                     in
                     all
                     other
                     cases
                     of
                     mulcts
                     .
                  
                   
                     5.
                     
                     As
                     for
                     what
                     the
                     Petitioners
                     have
                     proposed
                     as
                     an
                     expedient
                     in
                     this
                     point
                     ,
                     
                       That
                       the
                       Town
                       Officers
                       may
                       have
                       as
                       much
                       power
                       over
                       us
                       ,
                       as
                       she
                       Vniversity
                       Officers
                       over
                       them
                       ,
                    
                     we
                     conceive
                     it
                     would
                     be
                     neither
                     just
                     nor
                     safe
                     for
                     them
                     to
                     endeavour
                     ,
                     or
                     us
                     to
                     consent
                     to
                     the
                     dividing
                     that
                     power
                     with
                     them
                     which
                     by
                     Law
                     and
                     practice
                     is
                     wholly
                     ours
                     ,
                     and
                     which
                     is
                     so
                     absolutely
                     necessary
                     to
                     the
                     well
                     governing
                     of
                     the
                     University
                     .
                     Besides
                     ,
                     we
                     conceive
                     that
                     if
                     both
                     parties
                     should
                     walk
                     in
                     the
                     Night
                     ,
                     it
                     would
                     breed
                     occasion
                     of
                     quarrels
                     and
                     tumults
                     ,
                     if
                     not
                     Blood-shed
                     .
                     And
                     how
                     little
                     cause
                     the
                     Petitioners
                     have
                     to
                     complain
                     of
                     Tyranny
                     in
                     the
                     exercise
                     of
                     this
                     power
                     ,
                     we
                     dare
                     appeal
                     
                       to
                       the
                       consciences
                    
                     of
                     the
                     best
                     and
                     gravest
                     Citizens
                     ,
                     whether
                     they
                     have
                     not
                     enjoyed
                     both
                     quiet
                     and
                     profit
                     by
                     the
                     vigilant
                     care
                     of
                     the
                     Proctors
                     in
                     the
                     Night-watch
                     :
                     
                       To
                       the
                       knowledge
                    
                     of
                     such
                     others
                     of
                     their
                     Body
                     ,
                     whose
                     disorders
                     made
                     them
                     justly
                     obnoxious
                     to
                     that
                     power
                     ,
                     whether
                     they
                     have
                     not
                     usually
                     been
                     much
                     more
                     favorably
                     dealt
                     with
                     than
                     the
                     members
                     of
                     our
                     own
                     Body
                     :
                     Lastly
                     ,
                     
                       To
                       the
                       Testimony
                    
                     of
                     many
                     other
                     civil
                     Gentlemen
                     both
                     of
                     our
                     own
                     and
                     forraign
                     Nations
                     ,
                     who
                     in
                     times
                     of
                     peace
                     did
                     use
                     to
                     come
                     and
                     sojourn
                     in
                     Oxford
                     ;
                     whether
                     they
                     did
                     conceive
                     it
                     any
                     Grievance
                     to
                     them
                     to
                     be
                     subject
                     to
                     this
                     and
                     other
                     rules
                     of
                     Government
                     of
                     the
                     University
                     ,
                     which
                     the
                     Petitioners
                     are
                     pleased
                     to
                     traduce
                     as
                     arbitrary
                     and
                     Tyrannical
                     .
                  
                
              
            
             
               
               
                 III.
                 To
                 the
                 Reasons
                 of
                 the
                 Third
                 Grievance
                 ,
                 We
                 answer
                 .
              
               
                 
                   1.
                   
                   That
                   the
                   University
                   having
                   the
                   undoubted
                   
                     Assize
                     of
                     Bread
                     and
                     Beer
                  
                   (
                   and
                   the
                   Oath
                   for
                   the
                   observing
                   that
                   Assize
                   being
                   a
                   necessary
                   consequent
                   depending
                   on
                   it
                   )
                   the
                   right
                   and
                   custome
                   of
                   admitting
                   and
                   Licenceing
                   of
                   common
                   Brewers
                   and
                   Bakers
                   in
                   Oxon
                   is
                   not
                   only
                   ancient
                   ,
                   but
                   for
                   the
                   fitness
                   thereof
                   hath
                   also
                   received
                   and
                   had
                   confirmation
                   by
                   Act
                   of
                   Parliament
                   .
                   Neither
                   is
                   it
                   without
                   examples
                   of
                   like
                   nature
                   in
                   the
                   Book-cases
                   ,
                   where
                   time
                   hath
                   indulged
                   the
                   like
                   custome
                   to
                   persons
                   of
                   qualitie
                   in
                   other
                   places
                   .
                   And
                   this
                   particular
                   Right
                   of
                   the
                   University
                   hath
                   not
                   many
                   years
                   since
                   been
                   declared
                   by
                   the
                   free
                   and
                   voluntary
                   acknowledgment
                   of
                   the
                   Brewers
                   of
                   Oxon
                   themselves
                   ,
                   as
                   in
                   due
                   time
                   will
                   be
                   shewed
                   in
                   writing
                   .
                
                 
                   2.
                   
                   As
                   for
                   the
                   Fees
                   of
                   such
                   Licences
                   or
                   admissions
                   ,
                   we
                   answer
                   ,
                   they
                   have
                   been
                   anciently
                   paid
                   to
                   several
                   Officers
                   of
                   the
                   University
                   for
                   their
                   pains
                   about
                   that
                   business
                   ,
                   and
                   are
                   (
                   as
                   we
                   conceive
                   )
                   in
                   themselves
                   but
                   moderate
                   ,
                   far
                   short
                   of
                   such
                   Fees
                   as
                   are
                   required
                   by
                   the
                   City
                   ,
                   and
                   their
                   members
                   in
                   other
                   like
                   cases
                   ,
                   But
                   the
                   University
                   claimeth
                   no
                   Fee
                   to
                   their
                   Body
                   for
                   any
                   such
                   Grant
                   or
                   Licence
                   .
                
                 
                   3.
                   
                   We
                   further
                   conceive
                   it
                   is
                   not
                   improper
                   for
                   the
                   University
                   to
                   have
                   this
                   right
                   ,
                   (
                   which
                   in
                   all
                   probability
                   )
                   would
                   be
                   worse
                   practised
                   and
                   with
                   greater
                   prejudice
                   to
                   the
                   publick
                   ,
                   if
                   exercised
                   by
                   the
                   City
                   ;
                   whose
                   chief
                   Magistrates
                   are
                   for
                   the
                   most
                   part
                   men
                   of
                   the
                   same
                   Trades
                   ,
                   and
                   who
                   by
                   several
                   Acts
                   of
                   Parliament
                   are
                   prohibited
                   from
                   entermedling
                   with
                   the
                   Assizing
                   and
                   Correction
                   of
                   victuals
                   ,
                   or
                   the
                   defaults
                   therein
                   .
                
              
            
             
               
                 IV.
                 To
                 the
                 Reasons
                 of
                 the
                 Fourth
                 Grievance
                 ,
                 We
                 answer
                 .
              
               
                 
                   1.
                   
                   The
                   University
                   never
                   challengeth
                   ,
                   nor
                   did
                   any
                   Vice-chancellor
                   ever
                   exercise
                   any
                   such
                   power
                   of
                   
                     pulling
                     down
                  
                   ,
                   or
                   abating
                   ,
                   
                     Townsmens
                     houses
                  
                   .
                
                 
                   
                   2.
                   
                   As
                   to
                   the
                   two
                   Instances
                   ,
                   we
                   say
                   ,
                   those
                   houses
                   were
                   both
                   erected
                   by
                   the
                   City
                   and
                   those
                   who
                   derive
                   from
                   their
                   Title
                   ,
                   with
                   such
                   prejudice
                   to
                   the
                   common
                   passages
                   adjoyning
                   ,
                   that
                   they
                   were
                   presented
                   at
                   the
                   Leet
                   as
                   Nusances
                   ,
                   whereupon
                   they
                   were
                   ordered
                   to
                   be
                   abated
                   ,
                   viz.
                   so
                   much
                   of
                   the
                   first
                   of
                   them
                   as
                   might
                   enlarge
                   the
                   passage
                   at
                   Smithgate
                   (
                   which
                   had
                   been
                   obstructed
                   by
                   that
                   encroachment
                   )
                   to
                   the
                   conveniency
                   of
                   a
                   Coach
                   or
                   Cart-way
                   ,
                   and
                   what
                   was
                   done
                   by
                   the
                   Vice-chancellor
                   herein
                   ,
                   was
                   upon
                   the
                   request
                   of
                   the
                   City
                   ,
                   expressed
                   in
                   their
                   Letters
                   to
                   the
                   Lords
                   of
                   the
                   Privy
                   Council
                   the
                   17
                   th
                   .
                   of
                   April
                   ,
                   1634.
                   by
                   whose
                   Order
                   thereupon
                   made
                   ,
                   the
                   oversight
                   of
                   doing
                   thereof
                   was
                   referred
                   to
                   the
                   then
                   Vice-chancellor
                   ,
                   as
                   intrusted
                   with
                   the
                   Care
                   and
                   Custody
                   of
                   the
                   Streets
                   there
                   :
                   The
                   second
                   ,
                   totally
                   to
                   be
                   demolished
                   ,
                   as
                   being
                   most
                   notoriously
                   disliked
                   and
                   complained
                   of
                   by
                   the
                   whole
                   Countrey
                   ,
                   and
                   all
                   passengers
                   ,
                   to
                   whose
                   great
                   danger
                   it
                   was
                   in
                   their
                   travel
                   over
                   East-Bridge
                   ,
                   whereupon
                   it
                   was
                   newly
                   erected
                   :
                   upon
                   the
                   doing
                   thereof
                   the
                   Lords
                   then
                   directed
                   that
                   convenient
                   recompence
                   should
                   be
                   made
                   to
                   the
                   Owners
                   of
                   those
                   houses
                   by
                   those
                   that
                   did
                   abate
                   them
                   ;
                   which
                   was
                   in
                   truth
                   the
                   City
                   themselves
                   ,
                   and
                   not
                   the
                   University
                   or
                   Vice-chancellor
                   .
                
              
            
             
               
                 V.
                 To
                 the
                 Reasons
                 of
                 the
                 fifth
                 Grievance
                 ,
                 We
                 answer
                 .
              
               
                 
                   1.
                   
                   That
                   the
                   matter
                   here
                   intimated
                   by
                   the
                   Petitioners
                   (
                   for
                   it
                   bears
                   not
                   any
                   direct
                   charge
                   of
                   Discommoning
                   )
                   is
                   an
                   ancient
                   Priviledge
                   of
                   the
                   University
                   ,
                   albeit
                   rarely
                   practised
                   ,
                   and
                   not
                   but
                   upon
                   great
                   provocation
                   ,
                   to
                   which
                   the
                   University
                   has
                   recourse
                   as
                   to
                   their
                   last
                   refuge
                   against
                   the
                   professed
                   Adversaries
                   of
                   the
                   publick
                   rights
                   ,
                   peace
                   ,
                   and
                   good
                   government
                   thereof
                   ;
                   and
                   that
                   only
                   by
                   their
                   joint
                   and
                   general
                   consent
                   in
                   Convocation
                   ,
                   wherein
                   we
                   conceive
                   our
                   proceedings
                   justifiable
                   .
                   
                     
                       1.
                       
                       For
                       that
                       of
                       common
                       right
                       trading
                       is
                       free
                       for
                       all
                       persons
                       ,
                       where
                       ,
                       and
                       with
                       whom
                       they
                       please
                       ;
                       and
                       the
                       same
                       measure
                       we
                       do
                       herein
                       meet
                       to
                       the
                       Citizens
                       ,
                       they
                       may
                       ,
                       and
                       we
                       are
                       
                       content
                       (
                       if
                       they
                       see
                       just
                       cause
                       )
                       they
                       shall
                       meet
                       to
                       us
                       again
                       .
                    
                     
                       2.
                       
                       For
                       that
                       the
                       Petitioners
                       do
                       the
                       like
                       themselves
                       not
                       only
                       towards
                       the
                       University
                       and
                       Priviledged
                       persons
                       ,
                       but
                       even
                       to
                       members
                       of
                       their
                       own
                       Body
                       .
                    
                  
                
                 
                   2.
                   
                   We
                   further
                   answer
                   ,
                   That
                   this
                   practice
                   of
                   the
                   University
                   cannot
                   in
                   congruity
                   be
                   construed
                   as
                   tending
                   to
                   a
                   
                     Monopoly
                     of
                     Trading
                  
                   ,
                   in
                   the
                   intentions
                   of
                   those
                   that
                   use
                   it
                   ;
                   who
                   are
                   neither
                   so
                   ignorant
                   of
                   their
                   own
                   interest
                   ,
                   nor
                   so
                   much
                   enemies
                   to
                   it
                   ,
                   as
                   to
                   desire
                   any
                   thing
                   more
                   than
                   an
                   universal
                   Freedom
                   of
                   Trade
                   ;
                   which
                   as
                   it
                   is
                   most
                   consonant
                   to
                   the
                   native
                   liberty
                   of
                   every
                   Freeman
                   ,
                   and
                   to
                   the
                   Common-Law
                   of
                   the
                   Land
                   ;
                   so
                   would
                   it
                   be
                   more
                   beneficial
                   to
                   Scholars
                   than
                   any
                   other
                   persons
                   ,
                   they
                   living
                   wholy
                   upon
                   the
                   penny
                   ,
                   buying
                   all
                   commodities
                   ,
                   but
                   having
                   nothing
                   to
                   fell
                   .
                   But
                   whether
                   the
                   Petitioners
                   themselves
                   ,
                   be
                   not
                   in
                   an
                   high
                   measure
                   guilty
                   of
                   that
                   crime
                   which
                   they
                   here
                   object
                   to
                   the
                   University
                   ,
                   we
                   desire
                   may
                   be
                   considered
                   ,
                   for
                   that
                   they
                   have
                   got
                   ,
                   by
                   purchase
                   or
                   otherwise
                   ,
                   into
                   their
                   hands
                   several
                   ancient
                   Faires
                   ,
                   and
                   Markets
                   heretofore
                   used
                   to
                   be
                   kept
                   in
                   Oxon
                   ,
                   and
                   sometimes
                   belonging
                   to
                   some
                   Colledges
                   ,
                   and
                   have
                   supprest
                   them
                   to
                   make
                   way
                   for
                   their
                   own
                   sole
                   Trading
                   in
                   that
                   place
                   ;
                   and
                   have
                   of
                   late
                   without
                   any
                   just
                   warrant
                   ,
                   erected
                   new
                   Corporations
                   of
                   particular
                   Trades
                   ,
                   and
                   by
                   colour
                   thereof
                   engross
                   such
                   Trades
                   among
                   themselves
                   ,
                   to
                   the
                   great
                   prejudice
                   of
                   other
                   Tradesmen
                   ,
                   and
                   the
                   enhansing
                   of
                   prices
                   upon
                   all
                   manner
                   of
                   buyers
                   .
                
              
            
             
               
                 VI.
                 To
                 the
                 Reasons
                 of
                 the
                 sixt
                 Grievance
                 ,
                 We
                 answer
                 .
              
               
                 
                   1.
                   
                   That
                   the
                   Oath
                   complained
                   of
                   by
                   the
                   Petitioners
                   ,
                   as
                   to
                   the
                   form
                   of
                   it
                   ,
                   hath
                   been
                   approved
                   and
                   setled
                   upon
                   solemne
                   debate
                   in
                   Parliament
                   above
                   four
                   hundred
                   years
                   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
                   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
                   ●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
               ancient
               and
               unquestionable
               Right
               ,
               already
               confirmed
               by
               Act
               of
               Parliament
               .
            
             
               VI.
               
                 By
                 the
                 said
                 Charter
                 a
                 Grant
                 is
                 made
                 to
                 the
                 Vniversity
                 of
                 two
                 Coroners
                 .
                 Whereas
                 ,
                 time
                 out
                 of
                 mind
                 ,
                 the
                 City
                 hath
                 had
                 two
                 Coroners
                 ,
                 who
                 have
                 sate
                 upon
                 all
                 Persons
                 ,
                 as
                 well
                 Priviledged
                 as
                 Free
                 ,
                 until
                 the
                 making
                 the
                 said
                 Charter
                 ;
                 and
                 therefore
                 the
                 City
                 having
                 an
                 Interest
                 in
                 the
                 Coroners
                 before
                 the
                 said
                 Grant
                 ,
                 the
                 Grant
                 to
                 the
                 Vniversity
                 is
                 void
                 ,
                 and
                 Inquisitions
                 taken
                 under
                 their
                 Grants
              
               Coram
               non
               Judice
               .
            
             
               Answ.
               VI.
               The
               University
               had
               long
               before
               ,
               by
               Charters
               of
               Hen.
               4.
               and
               Hen.
               8.
               power
               to
               hear
               and
               try
               all
               Felonies
               and
               Murders
               ,
               committed
               either
               by
               their
               own
               Members
               ,
               or
               against
               them
               ;
               and
               therefore
               it
               seemed
               necessary
               ,
               in
               pursuance
               of
               former
               Rights
               ,
               that
               for
               the
               better
               Inquiry
               into
               those
               Offences
               ,
               that
               were
               afterwards
               to
               be
               finally
               tryed
               by
               them
               ,
               the
               Coroner
               should
               be
               appointed
               by
               their
               Authority
               .
               This
               ,
               and
               this
               only
               is
               the
               new
               Grant
               of
               Charles
               the
               First
               ,
               and
               is
               such
               a
               Priviledge
               ,
               as
               may
               indisputably
               be
               granted
               by
               him
               ;
               and
               which
               cannot
               be
               thought
               to
               encroach
               on
               the
               Right
               of
               the
               City
               ,
               who
               still
               have
               power
               to
               appoint
               a
               Coroner
               for
               themselves
               ;
               and
               were
               forbidden
               by
               former
               Charters
               to
               assign
               one
               for
               us
               .
               The
               Coroner's
               Power
               indeed
               was
               before
               lodged
               in
               the
               Chancellor
               and
               Steward
               ;
               and
               Charles
               1.
               did
               not
               so
               properly
               create
               a
               new
               Office
               ,
               as
               divide
               the
               different
               Powers
               of
               a
               former
               Officer
               .
            
             
             
               VII
               .
               
                 By
                 the
                 said
                 Chahter
                 Towns-men
                 are
                 to
                 be
                 Answerable
                 for
                 their
                 Families
                 in
                 Buying
                 and
                 Selling
                 all
                 Wares
                 ,
                 where
                 either
                 Party
                 is
                 a
                 Scholar
                 ;
                 and
                 also
                 for
                 all
                 such
                 Persons
                 as
                 they
                 shall
                 harbour
                 in
                 their
                 Houses
                 above
                 three
                 Nights
                 ;
                 and
                 no
                 Towns-man
                 is
                 to
                 build
                 any
                 Cottages
                 without
                 the
                 Express
                 leave
                 of
                 the
                 Chancellor
                 ,
                 or
                 Vice-Chancellor
                 ,
                 which
                 are
                 Restraints
                 inconsistent
                 with
                 the
                 Liberty
                 of
                 a
                 Free-man
                 of
              
               England
               .
            
             
               Answ.
               VII
               .
               These
               pretended
               new
               Hardships
               are
               reasonable
               and
               ancient
               Customs
               agreeable
               to
               our
               ancient
               Charters
               .
               If
               the
               Servant
               sells
               false
               Goods
               ,
               the
               Master
               is
               obliged
               to
               Restitution
               ;
               if
               a
               Man
               will
               harbor
               a
               Stranger
               above
               three
               days
               ,
               he
               shall
               be
               responsible
               for
               him
               .
               And
               there
               is
               the
               same
               reason
               ,
               if
               a
               Man
               do
               erect
               a
               Cottage
               for
               the
               Reception
               of
               such
               persons
               as
               if
               he
               harboured
               them
               himself
               .
               Now
               it
               is
               not
               easy
               to
               imagine
               ,
               that
               these
               Customs
               which
               were
               the
               known
               Laws
               of
               the
               Land
               ,
               even
               before
               the
               Entrance
               of
               the
               Normans
               ,
               should
               be
               now
               inconsistent
               with
               the
               Liberty
               of
               the
               People
               of
               England
               ,
               and
               apparent
               Badges
               of
               Slavery
               .
            
             
               VIII
               .
               
                 The
                 Vniversity
                 hath
                 likewise
                 by
                 the
                 said
                 Charter
                 a
                 Grant
                 of
                 Felons
                 Goods
                 ,
                 and
                 Power
                 to
                 search
                 and
                 seize
                 such
                 Goods
                 ;
                 whereas
                 the
                 City
                 doth
                 claim
                 the
                 same
                 by
                 Charters
                 more
                 ancient
                 than
                 any
                 the
                 University
                 pretended
                 to
                 claim
                 by
                 ;
                 and
                 the
                 University
                 themselves
                 ,
                 under
                 their
                 Common-Seal
                 ,
                 have
                 granted
                 ,
                 that
                 Felons
                 Goods
                 do
                 belong
                 unto
                 the
                 City
                 ,
                 towards
                 their
                 Fee-Farm
                 :
                 And
                 the
                 City
                 having
                 the
                 Charge
                 and
                 Custody
                 of
                 keeping
                 the
                 Gaol
                 ,
                 and
                 being
                 liable
                 to
                 Escapes
                 ,
                 and
                 being
                 at
                 the
                 expence
                 of
                 holding
                 Sessions
                 of
                 the
                 Peace
                 ,
                 and
                 Gaol-delivery
                 four
                 times
                 in
                 the
                 Year
                 ,
                 and
                 the
                 Execution
                 of
                 Prisoners
                 ;
                 it
                 may
                 seem
                 unreasonable
                 that
                 the
                 Vniversity
                 should
                 have
                 the
                 Profit
                 of
                 those
                 things
                 ,
                 which
                 usually
                 belong
                 to
                 other
                 Cities
                 in
                 the
                 same
                 circumstances
                 .
              
            
             
               Answ.
               VIII
               .
               Felons
               Goods
               do
               by
               no
               ancient
               Charter
               belong
               to
               the
               City
               of
               Oxford
               ;
               nor
               can
               they
               produce
               any
               such
               Charter
               antecedent
               to
               ours
               .
               They
               were
               always
               ,
               as
               appears
               by
               a
               multitude
               of
               Records
               ,
               heretofore
               claimed
               by
               the
               King
               ,
               and
               were
               by
               the
               Sheriffs
               seised
               to
               his
               use
               .
               The
               University
               were
               not
               first
               
               intitled
               to
               them
               by
               the
               Charter
               of
               Charles
               1.
               having
               enjoyed
               them
               long
               before
               the
               Date
               of
               that
               Grant
               ,
               but
               by
               the
               Charter
               of
               Hen.
               8.
               confirmed
               by
               the
               Statute
               of
               13
               Eliz.
               We
               did
               not
               therefore
               indeed
               lay
               any
               claim
               to
               them
               in
               the
               Composition
               under
               Hen.
               6.
               because
               there
               was
               no
               reason
               ,
               that
               we
               should
               challenge
               that
               ,
               which
               we
               then
               had
               no
               right
               to
               .
               But
               the
               Interest
               of
               them
               being
               then
               vested
               in
               the
               King
               ,
               was
               ,
               as
               it
               lawfully
               might
               ,
               by
               Charters
               of
               several
               succeeding
               Princes
               ,
               transferred
               to
               the
               University
               .
            
             
               2.
               
               It
               is
               not
               unusual
               in
               other
               Cases
               ,
               that
               Felons
               Goods
               should
               be
               granted
               away
               from
               those
               that
               maintain
               the
               Prisoners
               .
               Nor
               ought
               the
               City
               ,
               especially
               ,
               to
               complain
               of
               their
               Expences
               in
               this
               kind
               ,
               whose
               Prisoners
               chiefly
               subsist
               on
               the
               Alms
               of
               the
               University
               .
               However
               this
               is
               matter
               of
               Right
               ,
               We
               insist
               on
               authentic
               Records
               ,
               and
               Charters
               ;
               and
               it
               is
               a
               great
               sign
               ,
               that
               on
               their
               side
               the
               Records
               are
               deficient
               ,
               when
               they
               have
               this
               Recourse
               to
               Argument
               .
            
             
               IX
               .
               
                 The
                 Vniversity
                 doth
                 pretend
                 to
                 have
                 a
                 Power
                 to
                 discommon
                 Citizens
                 at
                 their
                 pleasure
                 ,
                 and
                 to
                 inhibit
                 all
                 priviledg'd
                 Persons
                 to
                 have
                 any
                 Commerce
                 or
                 Trading
                 with
                 them
                 ,
                 which
                 they
                 sometimes
                 use
                 ,
                 to
                 the
                 ruin
                 of
                 the
                 Citizens
                 and
                 their
                 Families
                 .
              
            
             
               Answ.
               IX
               .
               It
               is
               here
               own'd
               ,
               that
               the
               Citizens
               do
               wholly
               subsist
               by
               their
               trade
               with
               the
               University
               ;
               and
               that
               the
               ruine
               of
               them
               and
               
                 their
                 Families
              
               ,
               is
               the
               necessary
               consequence
               of
               the
               loss
               of
               it
               .
               This
               Consideration
               hath
               had
               so
               good
               an
               effect
               on
               the
               University
               ,
               that
               it
               hath
               always
               inclin'd
               them
               to
               pity
               and
               moderation
               in
               the
               Exercise
               of
               
                 this
                 power
              
               ;
               And
               it
               might
               be
               justly
               expected
               ,
               that
               it
               should
               likewise
               have
               such
               influences
               on
               the
               Citizens
               ;
               as
               might
               hinder
               them
               from
               opposing
               the
               just
               rights
               of
               that
               Body
               ;
               on
               which
               they
               always
               heretofore
               were
               ,
               and
               now
               confessedly
               are
               dependant
               .
               But
               if
               some
               of
               them
               shall
               still
               molest
               the
               University
               ,
               and
               disturb
               our
               peace
               ,
               and
               good
               government
               ;
               We
               cannot
               possibly
               take
               a
               juster
               and
               milder
               method
               of
               procuring
               our
               own
               quiet
               ;
               than
               by
               cutting
               off
               all
               Correspondence
               with
               our
               factious
               adversaries
               :
               This
               right
               of
               Discommuning
               
               then
               is
               a
               reasonable
               ;
               and
               ,
               (
               as
               by
               many
               precedents
               can
               be
               prov'd
               )
               an
               ancient
               Right
               of
               the
               University
               ,
               and
               exercised
               long
               before
               that
               Charter
               upon
               urgent
               occasions
               ;
               but
               withall
               so
               rarely
               practised
               ,
               that
               those
               who
               now
               complain
               of
               it
               ,
               will
               hardly
               be
               able
               to
               remenber
               one
               single
               instance
               of
               it
               .
               Nor
               ought
               the
               Towns-Men
               to
               complain
               of
               this
               ,
               who
               have
               usually
               made
               it
               the
               Condition
               of
               their
               Leases
               :
               that
               they
               shall
               not
               let
               their
               Houses
               to
               a
               Scholar
               as
               an
               Under-Tenant
               ,
               and
               shall
               never
               grind
               at
               any
               other
               than
               their
               Mill.
               
            
             
               X.
               
                 By
                 the
                 said
                 Charter
                 it
                 is
                 granted
                 ,
                 that
                 Scholars
                 ,
                 their
                 Servants
                 ,
                 and
                 the
                 Servants
                 of
                 the
                 Vniversity
                 ,
                 shall
                 not
                 be
                 forced
                 to
                 appear
                 at
                 Musters
                 ,
                 or
                 contribute
                 thereunto
                 ;
                 and
                 that
                 they
                 shall
                 be
                 discharged
                 of
                 Subsides
                 ,
                 Reliefs
                 ,
                 Impositions
                 ,
                 and
                 Contributions
                 .
              
            
             
               Answ.
               X.
               We
               owe
               not
               this
               Grant
               originally
               to
               Charles
               the
               First
               ,
               but
               derive
               it
               from
               Custom
               ,
               own'd
               and
               settled
               in
               Parliament
               ,
               18.
               
               Ed.
               1.
               and
               ever
               since
               allowed
               ,
               upon
               solemn
               Hearings
               ,
               under
               Queen
               Elizabeth
               and
               King
               Iames.
               This
               is
               such
               a
               reasonable
               Priviledge
               ,
               that
               all
               Forreign
               Universities
               enjoy
               it
               .
               Nor
               is
               there
               any
               ground
               left
               for
               the
               City's
               Complaint
               ,
               since
               it
               is
               always
               provided
               ,
               that
               those
               Priviledged
               persons
               ,
               who
               exercise
               Merchandize
               in
               the
               City
               ,
               and
               share
               in
               the
               Profit
               ,
               should
               be
               equally
               chargeable
               with
               the
               City
               for
               such
               Merchandize
               .
            
             
               XI
               .
               
                 The
                 Vniversity
                 ,
                 by
                 means
                 of
                 a
                 Composition
                 made
                 shortly
                 after
                 the
                 Conflict
              
               29
               o
               Edw.
               3.
               
                 and
                 confirmed
                 by
                 the
                 said
                 Charter
                 ,
                 do
                 require
                 the
                 Maior
                 and
              
               62
               
                 Citizens
                 with
                 him
                 ,
                 yearly
                 upon
              
               Scholasticus
               -
               Day
               (
               
                 which
                 is
                 the
              
               10
               
                 th
                 .
                 day
                 of
              
               February
               )
               
                 to
                 make
                 an
                 Oblation
                 there
                 upon
                 the
                 high
                 Altar
                 ,
                 of
              
               63
               
                 Pence
                 for
                 the
                 Souls
                 of
              
               63
               
                 Scholars
                 slain
                 in
                 the
                 time
                 of
                 King
              
               Edward
               3.
               
               
                 This
                 being
                 in
                 the
                 Original
                 gross
                 Superstition
                 ,
                 is
                 too
                 great
                 a
                 Badg
                 of
                 Popery
                 to
                 be
                 required
                 in
                 a
                 Protestant
                 Vniversity
                 .
              
            
             
               Answ.
               XI
               .
               The
               barbarous
               Murder
               of
               sixty
               three
               innocent
               Scholars
               ,
               which
               they
               here
               own
               ,
               and
               term
               a
               Conflict
               ,
               and
               the
               Plunder
               of
               the
               whole
               University
               drew
               a
               great
               and
               just
               Amercement
               on
               the
               Criminals
               .
               The
               City
               pretended
               they
               were
               not
               able
               to
               
               pay
               this
               Fine
               without
               their
               utter
               Ruine
               ;
               and
               did
               humbly
               pray
               ,
               and
               at
               last
               obtained
               from
               the
               University
               a
               Mitigation
               of
               it
               .
            
             
               An
               annual
               payment
               of
               an
               hundred
               Marks
               was
               then
               accepted
               ;
               and
               this
               ,
               by
               the
               further
               favor
               of
               the
               University
               ,
               was
               changed
               into
               a
               small
               yearly
               Acknowledgment
               .
               This
               Ceremony
               ,
               according
               to
               the
               Custom
               of
               that
               Age
               ,
               was
               not
               wholly
               free
               from
               Superstition
               ;
               and
               was
               therefore
               by
               consent
               of
               both
               parties
               ,
               under
               Queen
               Elizaheth
               ,
               changed
               into
               a
               Sermon
               ,
               a
               Communion
               and
               Offering
               .
               The
               Custom
               did
               not
               take
               its
               rise
               from
               any
               gross
               Superstition
               ,
               unless
               it
               be
               so
               to
               make
               satisfaction
               for
               Murder
               and
               Robbery
               ;
               and
               if
               the
               continuance
               of
               it
               still
               displeases
               them
               ,
               they
               may
               put
               an
               end
               to
               it
               themselves
               ,
               by
               discharging
               their
               Bonds
               .
            
             
               XII
               .
               
                 By
                 the
                 said
                 Charter
                 it
                 is
                 granted
                 ,
                 that
                 Scholars
                 ,
                 or
                 Priviledg'd
                 Persons
                 shall
                 not
                 be
                 impleaded
                 in
                 the
                 Courts
                 of
              
               Westminster
               ,
               
                 for
                 such
                 things
                 as
                 the
                 Chancellor
                 hath
                 cognizance
                 of
                 ;
                 and
                 that
                 they
                 shall
                 be
                 dismissed
                 from
                 thence
                 without
                 pleading
                 their
                 Priviledg
                 ,
                 or
                 paying
                 their
                 Fees
                 ,
                 which
                 doth
                 often
                 fall
                 out
                 to
                 be
                 a
                 very
                 great
                 Oppression
                 to
                 the
                 Officers
                 and
                 Ministers
                 of
                 Iustice
                 ;
                 for
                 if
                 upon
                 demand
                 of
                 the
                 Vice-Chancellor
                 they
                 do
                 not
                 discharge
                 such
                 Priviledg'd
                 Persons
                 ,
                 the
                 Vice-Chancellor
                 ,
                 by
                 colour
                 of
                 this
                 Clause
                 ,
                 doth
                 imprison
                 the
                 Bayliff
                 ;
                 as
                 on
                 the
              
               20
               
                 th
                 .
                 of
              
               October
               
                 last
                 he
                 did
                 on
              
               Edward
               Adams
               ,
               
                 a
                 sworn
                 Bayliff
                 ,
                 for
                 not
                 discharging
              
               Henry
               Wildgoose
               ,
               
                 who
                 was
                 arrested
                 at
                 the
                 Suit
                 of
                 the
                 City
                 ,
                 by
                 a
                 Writ
                 issuing
                 out
                 of
                 the
                 Court
                 of
                 Common-Pleas
                 ;
                 and
                 by
                 colour
                 of
                 the
                 said
                 Clause
                 ,
                 if
                 any
                 Person
                 sue
                 a
                 Priviledg'd
                 Man
                 in
                 any
                 of
                 the
                 Courts
                 of
              
               Westminster
               ,
               
                 the
                 said
                 Vice-Chancellor
                 doth
                 cite
                 the
                 Plaintiff
                 into
                 the
                 Court
                 of
                 the
                 Vniversity
                 for
                 breach
                 of
                 their
                 Statutes
                 ,
                 and
                 doth
                 condemn
                 him
                 in
                 Expences
                 for
                 suing
                 a
                 Privilegd'd
                 Person
                 out
                 of
                 the
                 Vniversity
                 .
              
            
             
               Answ.
               XII
               .
               It
               seems
               absolutely
               necessary
               ,
               as
               well
               for
               the
               quiet
               ,
               and
               security
               of
               the
               Scholars
               ,
               as
               for
               the
               better
               maintaining
               of
               discipline
               among
               them
               ,
               that
               their
               own
               Governors
               only
               should
               have
               an
               
                 immediate
                 jurisdiction
              
               over
               them
               .
               And
               therefore
               there
               is
               not
               any
               University
               abroad
               ,
               where
               the
               members
               of
               it
               have
               not
               a
               right
               to
               be
               impleaded
               in
               their
               own
               Forum
               only
               and
               to
               be
               exempted
               from
               any
               forraign
               power
               .
               This
               University
               of
               Oxford
               ,
               
               more
               particularly
               hath
               so
               long
               enjoy'd
               this
               Priviledge
               ,
               that
               it
               is
               not
               possible
               to
               assign
               the
               date
               of
               the
               
                 Original
                 grant
              
               .
               For
               since
               we
               find
               the
               autority
               of
               our
               Court
               frequently
               own'd
               and
               allow'd
               under
               Hen.
               3
               
                 d.
                 Ed.
              
               2
               d.
               and
               Ed.
               3
               d.
               We
               have
               reason
               to
               think
               that
               this
               power
               is
               as
               ancient
               ,
               as
               the
               University
               it self
               .
               Our
               right
               to
               it
               then
               is
               so
               well
               founded
               on
               reason
               and
               immemorial
               Custom
               ,
               that
               it
               is
               no
               wonder
               ,
               if
               we
               find
               it
               anciently
               in
               the
               year
               books
               not
               only
               acknowledged
               by
               the
               Town
               ,
               but
               always
               willingly
               own'd
               by
               the
               Iudges
               ,
               even
               before
               it
               was
               ,
               as
               it
               is
               now
               ,
               confirm'd
               by
               Act
               of
               Parliament
               .
               The
               Lord
               Coke
               ,
               especially
               who
               is
               not
               usually
               a
               Friend
               to
               any
               other
               Courts
               ,
               but
               those
               at
               Westminster
               ,
               doth
               yet
               ,
               according
               to
               the
               example
               of
               his
               Predecessors
               ,
               make
               an
               Honourable
               mention
               of
               this
               Court
               ;
               and
               gives
               that
               Statute
               the
               name
               of
               
                 Actus
                 Benedictus
              
               ,
               that
               confirm'd
               it
               .
               The
               Procedures
               of
               it
               have
               always
               been
               within
               the
               bounds
               of
               their
               ancient
               Jurisdiction
               ;
               and
               of
               this
               we
               need
               have
               no
               clearer
               evidence
               ,
               than
               that
               the
               only
               Act
               of
               injustice
               here
               alleg'd
               ,
               is
               that
               we
               discharge
               our
               own
               members
               ;
               and
               arrest
               those
               ,
               who
               deny
               our
               Autority
               and
               violate
               our
               right
               .
               The
               Citizens
               were
               certainly
               ill
               inform'd
               ,
               when
               for
               a
               signal
               instance
               of
               our
               Exorbitances
               ,
               they
               charge
               us
               only
               with
               the
               due
               exercise
               of
               that
               power
               ;
               which
               ,
               upon
               solemn
               hearings
               hath
               
                 twice
                 at
                 least
              
               ,
               been
               acknowledg'd
               at
               Westminster
               .
            
             
               XIII
               .
               
                 By
                 the
                 said
                 Charter
                 it
                 is
                 Granted
                 ,
                 that
                 Priviledged
                 Men
                 shall
                 have
                 as
                 much
                 Liberty
                 to
                 Trade
                 as
                 the
                 Freemen
                 of
                 the
                 said
                 City
                 ,
                 and
                 by
                 color
                 of
                 this
                 Grant
                 ,
                 the
                 said
                 Vniversity
                 do
                 take
                 upon
                 them
                 to
                 set
                 up
                 Trades
                 ,
                 and
                 to
                 License
                 certain
                 Persons
                 whom
                 they
                 call
                 Priviledg'd
                 Persons
                 ,
                 openly
                 to
                 use
                 Trades
                 ,
                 and
                 to
                 sell
                 Merchandizes
                 within
                 the
                 said
                 City
                 ,
                 and
                 Suburbs
                 by
                 Retail
                 ,
                 which
                 is
                 contrary
                 to
                 the
                 ancient
                 Charters
                 ,
                 Customs
                 ,
                 and
                 Priviledges
                 of
                 the
                 said
                 City
                 ,
                 and
                 to
                 certain
                 Compositions
                 and
                 Agreements
                 made
                 between
                 the
                 said
                 Vniversity
                 and
                 City
                 .
              
            
             
               Answ.
               XIII
               .
               Priviledg'd
               Persons
               have
               so
               ancient
               a
               right
               to
               the
               Exercise
               of
               any
               Trade
               ;
               that
               ,
               their
               prescription
               to
               it
               commences
               before
               the
               oldest
               Charter
               to
               the
               City
               ,
               and
               is
               sav'd
               by
               it
               .
               This
               right
               is
               allow'd
               in
               Parliament
               18
               Ed.
               1.
               declar'd
               by
               express
               
               words
               14
               Hen.
               8.
               ratify'd
               by
               Statute
               under
               Qu.
               Elizabeth
               ,
               and
               only
               more
               largely
               explain'd
               by
               Car.
               1.
               
               Limits
               have
               since
               been
               put
               to
               this
               Priviledge
               ;
               which
               the
               University
               have
               never
               transgress'd
               ;
               nor
               have
               ever
               ,
               as
               the
               Town
               uses
               to
               do
               ,
               Pleaded
               their
               Ancient
               Rights
               in
               bar
               of
               the
               subsequent
               restrictions
               of
               it
               .
            
             
               XIV
               .
               
                 Whereas
                 by
                 certain
                 Compositions
                 heretofore
                 made
                 between
                 the
                 said
                 Vniversity
                 and
                 City
                 ,
                 the
                 Menial
                 Servants
                 of
                 all
                 Scholars
                 ,
                 and
                 all
                 their
                 other
                 Servants
                 taking
                 Wages
                 without
                 Fraud
                 or
                 Deceit
                 ,
                 are
                 to
                 enjoy
                 the
                 Priviledge
                 of
                 the
                 Vniversity
                 ;
                 the
                 said
                 Vniversity
                 ,
                 upon
                 pretence
                 of
                 latter
                 Grants
                 ,
                 have
                 fraudulently
                 ,
                 and
                 with
                 an
                 intent
                 to
                 weaken
                 the
                 Government
                 of
                 the
                 said
                 City
                 ,
                 granted
                 colourable
                 Priviledges
                 to
                 divers
                 Members
                 of
                 the
                 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
               Maior
               or
               Bayliffs
               of
               Oxford
               ,
               neither
               shall
               you
               answer
               before
               any
               of
               them
               as
               your
               Judg
               ,
               so
               long
               as
               you
               shall
               continue
               a
               Priviledg'd
               Person
               .
               So
               God
               ,
               
                 &c.
                 which
                 in
                 terms
                 is
                 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
                 Months
                 last
                 past
                 ,
                 matriculated
                 one
              
               William
               Turton
               ,
               
                 upon
                 pretence
                 that
                 the
                 said
              
               William
               Turton
               
                 was
                 Gardiner
                 of
              
               Exeter
               
                 Colledge
                 :
                 Whereas
                 the
                 said
              
               William
               Turton
               
                 was
                 ,
                 and
                 yet
                 is
                 a
                 Freeman
                 of
                 the
                 said
                 City
                 ,
                 and
                 doth
                 continue
                 to
                 use
                 the
                 Trade
                 of
                 a
                 Vintner
                 ,
                 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
                 .
                 Also
                 one
              
               Henry
               Wildgoose
               
                 a
                 Freeman
                 ,
                 and
                 one
                 of
                 the
                 Common-Council
                 of
                 the
                 said
                 City
                 ,
                 being
                 apprehensive
                 that
                 he
                 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
               .