The answer of the chancellor, masters and scholars of the Vniversity of Oxford, to the petition, articles of grievance, and reasons of the city of Oxon presented to the honorable committee for regulating the University of Oxford the 24. of July, 1649.

To the first Article of the Citties pretended Grievances.

1. WE answer and say. That the Vniversi∣ty hath, time out of minde, (and are warranted so to doe by divers Charters confirmed by Act of Parliament) exercised Power and Iurisdi∣ction in all Causes m••ntioned in this Article•• where∣of or wherein a Priviledg••d person is one party.

2. We doe claime Allowa••ce of our Priviledge for such Persons justly p••ivile••ged, as th•• Chancel∣lour shall under the Common seale certifie to any Court to be so privil••dged; & we have had it with∣out

the formalitie or charge of long pleading, pay∣ing only a fee for the allowance of the Certificat.

3. We have ever proceeded according to the course of the Civill Lawes, and after witnesses have been openly produced in Court and sworne, their examinations are taken in writing by the Judge and Register, & then published that all parties may have Copies of them, according to the course of the Ci∣vill Law, the High Court of Chancery, and the Ad∣miralty.

4. We doe not proceed in an Ecclesiastical way, but in Causes Ecclesiasticall.

5. Sometimes heretofore we have used the censure of Excommunication against our own Mem∣bers at the instance and for the benefit of the Citti∣zens; but not so these fifteen or sixteen yeares, 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, be∣fore we grant out an Arrest against persons of qua∣lity, 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 ••ly we doe grant Arrests without any previous Ci∣tation.

7. That our Sentences are (as the Petitioners untruly suggest) meerly arbitra••y and grounded upon no Law, but at the will of the I••dge, we deny•• For in his Sentences the Judge followes the Justice and Equi∣ty of the Civill 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 er∣roniously or unjustly, Writs of Error are not brought to our Court, b••cause the manner of proceedings there are not as at the Common Law, but the party grieved may either appeale, or complaine of a nullity, and have redresse. And if it be appealed in the Vni∣versity there are there appointed yearely fower or ••ive Doctors, and some Masters from the Congre∣gation and Convocation to heare the complaint, & from their judgements there lies an Appeale to the Supream Power in Chancery, where the Juges of the Land & other learned Lawyers both Common and Civill have usually been nominated Judges De∣legates, as in the Admiralty and Prerogative Court.

To the Third.

The Vniversity does claime 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; & this extends as well to Towns∣men as Schollers or Strangers. But for barely being abroad about a mans owne private, or any other pub∣lique 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 Bayle and shew a reaso∣nable cause of such his being abroad the next day, or as soone as he can; and upon his so doing he is to be dismissed without any payment.

3. If any P••octor have at any time tran••gressed the just bounds of their power, the Vniversity does not avow them in it, the party greived may take his course against him.

To the Fourth.

The Vniversity time out of minde hath used the sole power of admitting or Licensing Common Brewers.

To the Fifth.

The Vniversity never did challenge or exercise any such power as is mentioned in this Article.

To the Sixth.

The Vniversity doth not take upon them to Dis∣common any man at pleasure; but only upon very great cause and wrong to the Vniversity after mo∣nition and due proceedings, and that by common consent in Convocation.

To the Seaventh.

The Vniver••ity by severall Charters confirmed by Act of Parliament does require an Oath of the Major and sixty two Cittizens, to maintaine their law∣full Priviledges•• & so it is expressed in the Oath.

To the Eight.

The Vniversity doth challenge by Agreement and Indenture under the common Seale of the Towne-Corporation the offering of sixty three pence yearely by the Major and sixty two Burgeses: But without any relation to the High••Altar, or Masse, or the Soules of so many persons slaine.

To the Ninth.

The Vniversity by Custome confirmed by Act of Parliament does claime a power to make By-Lawes, for the good government of the Vniversity and the Peace of the Place, in such things as belong solely to the jurisdiction of the Vniversity; whereby the Townes men as well as others are obliged in order to the peace and good government of the Vni∣versity: But in things that belong to the govern∣ment of the Citty we meddle not.

To the eleventh.

The Vniversity claimes Felons Goods and Deodands by an ancient Charter confirmed by Act of Par∣liament; and we deny that the City has any right to them at all.

To the Thirteenth.

The Vniversity does license Tavernes in Oxford, according to the true intent of the Statute 7⁰ Edw. 6^ti and the persons so licensed are, and may be Townesmen as well as Priviledged persons. And the Citty hath no right to set up any.

To the Fowerteenth.

The Vniversity by ancient Custome and severall Charters confirmed by Act of Parliament, and spe∣ciall Compositions with the Citty doth claime, that Priviledge persons may exercise Trades according to the Law, as farre forth as any Townesmen: But a∣gainst the Law (as not having served as an Appren∣tice in such Trades where the Law requires it) wee neither challenge nor exercise any more power then the Cittizens themselves.

To the Second, Tenth, Twelfth, and Fifteenth, and part of the Fourth we have forborne to answer, in regard the Petitioners have omitted them in their last paper of Grievan••es o•• the 10^th of Aprill; and by their Councell in the Audience of this Committee upon the 21 of Iune did openly declare they would not insist upon them.