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.

JULY 24. 1649. THE ANSWER OF THE CHANCELLOR, MASTERS, and Scholars of the Vniversity of OXFORD, to the Petition, Articles of Grievance, and Reasons of the Citty of OXON. According to the directions of an Order of the Honorable Committee, 21. of Iune 1649.

To the Petition.

WHereas the Petitioners charge the University with the exercise of an Arbitrary and unlimited pow••r o∣ver ••hem to their most intolerable sufferings and oppressions, which they pretend they have for a long time undergone, & at this time suf∣fer, (although the Petitioners by their Councell at severall times before this Honorable Committee have a••quitted the present Governors of the Uni∣versity from any such charge, and a••though the Uni∣versity for many years now lat•• past have suffered g••••••t w••on••s, & diminu••ions of their just & ancient 〈◊〉〈◊〉 by th•• P••titioner••, who h••ve ta••••n upon them 〈◊〉〈◊〉 ••••••••ossesse them of some ••f them before com∣〈◊〉〈◊〉 of oth••rs while ••••eir complaint is yet de∣•••• 〈◊〉〈◊〉)

We answer and say, That the University neither hath exercised, nor does challenge the exercise of any Arbi∣tr••ry power or jurisdoction over the Cittizens; But onely 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 in the Uni∣versity, and their Tenants, and other men, are (as we conceive) equally interessed•• with the Petitio∣ners in a right of Common in that Meadow.

2. That the number of poore People, both now and heretofore abounding in the Citty, is very much occasioned by the Petitioners illegall erecting of multitudes of Cottages upon the Towne wall and Ditch, which they rent out to such poore people, & thereby much enhance their own Revenues to the prejudice and impoverishing of the University, by whose Free and charitable Contributions those poore are exceedingly relieved and mainteined.

3. That if all the Charitable donations given to mainteine the Poore of Oxford by severall Members of the University were rightly imployed by the Petitio∣ners to that end for which they were given, they could not want a convenient stock wherewithall to set them on worke, as we conceive.

4. That the improvement desired by the inclosure of Portmead would not be only to the prejudice of the right of severall Colledges and their Tenants in re∣spect of their said right of Common therein, but to the

generall impoverishment of the Poore inhabitants of the Citty, who claime and use a like right of Com∣mon in the said ground, which hath beene, and is a great support to them, and therefore when the like designe of enclosure hath heretofore been attemp∣ted by the richer Cittizens, it has been mainely op∣posed and hindred by the Poore inhabitants of Oxon; and so (we conceive) they doe oppose it at present. And it is to be considered that the Piece of ground which they desire to enclose containes by estimati∣on eight hundred Acres of rich Meadow.

5. If the Citty have the inheritance of Port-mea∣dow, & that it shal be thought fit to give way to such an inclosure as is desired for the ends by them pro∣posed, the Vniversitie will not oppose, so as their in∣terest in the disposing, and the right of the Colleges and their respective Tenants be preserved, or a valu∣able consideration given them in recompence of their said Common in the said Meadow.

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.

To the Paper of Reasons exhibited by the Petitioners Aprill 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 ••yre, 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 Vniversity Court and the juris∣diction thereof, is of a higher antiquity then any Charter of the Cittizens legally confirmed con∣cerning their Court.
• 2. For that in the most and principall Charters of the Citty, as also in such Acts of Parliament as tend to the confirmation of them, there is an ex∣presse saving of all the Rights and Priviledges of the University.
• 3. For that it appears by common practice that the Cittizens mutually sue one another in the Courts at Westminster and elsewhere, both by o∣riginall Suits commenced in those Courts, and

• by removing their Suits out of their own Court by Writs of Habeas Corpus, Certiorari, and Writt•• of Error.
• 4. For that they are ordinarily sued by Stran∣gers both in the Courts at Westminster, and in o∣ther Courts; and we cannot ••ind that ever they pleaded any such Charters of Exemption; or if they did, that any such Plea was ever allowed to them; Whereas the Vniversities Priviledge hath been frequently pleaded and in all ages allowed.

Whereas the Petitioners claime by their Charters the same Liberties and Customes with London. We answer.

1. The Petitioners have not made it appeare, nor so much as asserted, that London has any such Liberty or Custome, whereby They may not sue & be sued out of their own Courts.

2. That supposing They have such a Liberty or Custome as present, yet the Petitioners have not made it appeare, or so much as asserted that Lon∣don had any such Liberty at or before the time of the Grant of those surmised Charters to the Cit∣ty of Oxford.

3. That divers other Citties and Boroughs in England have by their respective Charters like Grants of the same Libe••••ies with London and Oxon, who yet are not exempted from suing and being sued out of their own Courts.

4. That it will appeare that the most ancien•• Charter which the Citty of Oxon can pretend to, in r••lation to the liberti••s of London, is u••t••••ly re∣pugnant

to it selfe as to the principall of those Liberties.

5. That Custome is the work of time, and grow•• without Charter, and therefore can not be gran∣ted by Charter.

6. That the Customes of London are of great va∣riety to some of which (notwithstanding their Charter be generall for all) the Cittizens of Oxon doe not pretend; and to other some when they have laid claime by suits at common Law, by pe∣tition to the Lord Major and Aldermen of Lon∣don, by petition in Parliament, and by pleadings in Eyre, their claime ha's not been allowed.

3. Whereas the Petitioners suggest that their Fee Farme would be either lost or lessened in case their suits and tryalls 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 falne in their Rent, but enhan∣ced their Reven••es by challenging and taking se∣verall particulars as belonging to their Fee Farme which in truth are no parts of it.

2. That granting the perquisites of their Co••rt from the proper Suiters to be part of their Fee Farme, yet their suing and being sued in the Vni∣versity Court, where a Scholler or priviledged person is one party, would nothing impaire the just perquisites of their Court or Fee Farme, in re∣gard it was never otherwise since they had either Court or Fee Farme in Oxon.

4. Whereas the Petitioners conceive there are at this present neare about a third part of the houshol∣ders within the Citty Priviledged by the University, We answer.

1. That we conceive a tenth part of the Hous∣holders within the Citty and Suburbs are not priviledged persons; And that as the benefit of their priviledge by the daily growing oppressi∣ons and vexations of the Petitioners is in a man∣ner wholy destroyed•• so the number of privi∣ledged persons is much lesse then ever it was heretofore within the memory of man.

2. That if it were true which the Petitioners suggest, it thence followes, that the Petitioners by desiring (as they doe in their last Article) to restraine All Priviledged persons from exercising any Trade within the Citty, doe thereby desire to expose a rhird part of the Housholders within the Citty 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 Vniversity Court which we conceive we have sufficiently clea∣red in our former Answer to their First Article of Grievances.

To the Third Reason We Reply.

That there is as quick expedition in our Court as in any other Courts, and they may as well object That divers persons commenced severall Suits in the Courts at Westminster for iust debts due unto them by bond and for iniuries committed against them, and yet (it may be for want of good proofe by witnesse or otherwise, as for want of able Councell, or carefull Atturneies to look well to their pleadings and exe∣cutions, or for want of abilitie in the par••ies sued) af∣ter long and tedious suits and much expence have been de∣stitute of any redresse; and therefore this manner of reasoning is not at all concludent, being an argumēt drawne à non causa ut Causa, which if it were of any force, we might easily turne the edge of it upon the Petitioners, by giving instance in a Priviledged per∣son who ha's a Cause now or lately depending in the Town Court, werein he sites divers Cittizens for a just debt upon bond, and though his debt & bond were well proved or ready to be proved by suffici∣ent witnesses, and no defect in his Councell or At∣turney, nor any disability in the Defendants, yet could he not get his money in that Court, after a long and tedious suit neer two yeares, and much ex∣pence. 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 Fowerth 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 peo∣ple 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 wisdome of this State in former ages thought it fit that our Ancestors should use the practice of the Civill Lawes in our Court, the better to traine up young Student•• in the knowledge of them, that they might thereby be made more serviceable to the Common-wealth in affaires at home and abroad.

3. That our University Court is of such antiqui∣ty that the Common Law Bookes, and some very ancient, take frequent notice of it, the proceeding•• thereof being alwaies allowed by the Common-Law. And the Lord Chief Justice Cooke in his Book Of the Iurisdiction of Courts in England (lately publish∣ed by authority of the Honorable House of Com∣mons) makes honorable mention of the Courts in both the Universities.

4. That if the Cittizens be plaintiffes (as most commonly they are) besides the expedition which they may finde there, They may have the benefit of the Defendants Oath to ease them in their proofe; They may have good sureties put into Court not on∣ly to bring in the Defendants but also to pay the Iudgement 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 grie∣vance) does not only concerne the Cittizens of Ox∣on, but all others who shall have any commerce or dealing with Schollers or Priviledged persons, yet have no others complained of our Court, and the Petitioners of all others have least cause.

6. That we doe not challenge or exercise any o∣ther jurisdiction over the Petitioners or others in the Vniversity Court then the Cittizens of Oxon themselves, and all or most other Citties and Bo∣roughs in England doe claime and daily practice without contradiction over all other free-borne people of the Land; to wit, to Arrest and compell them to answer in their respective Courts, if they can be there legally attached to Answer.

7. That we doe not claime or exercise any grea∣ter or other Priviledge in this particular then (as we conceive) is granted to and used by other Vni∣versities in Europe as well as ours; to wit, to sue and be sued before their own Iudge, a Priviledge indul∣ged to them and us in favour of Learning; That Schollers may not be called abroad to answer Suits, to the great neglect of their studies, and expence of their time and money.

8. That in mixt Suites where one party is of the Priviledge of the Vniversity, and the other of the Citty since it cannot be otherwise, but such Causes must be heard and determined either in our Court, or the Towne Court, or both must be subject

to a forraigne jurisdiction (which would be equal∣ly repugnant to the Priviledges of both Bodies, no way advantageous untothem, and extreamly incon∣venient for us) we cannot but conceive it more con∣sonant to justice, and withall 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 un∣to us by Act of Parliament.
• 2. Because the Iudges in the Vniversity Court, having no interest in the particular Suits brought before them, cannot be thought other then indifferent; Whereas if Scholers should be Sued in the Towne•• Court where the Major and Bayliffes, Judges and Jury, are all Tradesmen, it is very much to be feared it would goe hard with the poore Schollers.
• 3. Because (as we humbly conceive) the Vniversity is still (as it has alwaies been reputed) the more noble Corporation, more Serviceable in the publique, and in which the whole Nation has a greater interest then in the Citty or Citti∣zens; who for the most part are beholding to the Vniversity for much of their livelyhood and subsist••nce (as themselves in the fift Article doe imply) whereas we have no dependence upon them, but only wares for our mony at deare r••tes.
• ...

• 4. Lastly Because (as we likewise conceive) if the Petitioners should prove so unfortunately successefull in their desires as to obtaine the liber∣ty of Suing Schollars in their Towne Court, it would prove in the end very prejudiciall to themselves; for besides that it would minister oc∣casions of discontent and continuall quarrells betwixt the Bodies, it would deterre Schollars from having any dealing or commerce with their new Judges the Cittizens.

II. To the Reasons of their second Grievance, made up with divers specious instances to cast aspersions up∣on the Vniversities Right and Priviledge of the Night-walke, We Answer.

1. That this Right and Custome is so ancient, so strengthned by confi••mation of Parliament, and the benefit thereof so great to all inhabitants by the carefull practice and exercise of it, and the con∣tinuance of it so absolutely necessary for the good government of the Vniversity, (especially for se∣curing younger Schollars against the many tempta∣tions to lewdnesse and loosenesse, which they ordi∣narily are exposed to by meanes of such Townes∣men as make their own advantage out of the others luxury and deboystnesse) that no man of any civill conversation, Stranger, Sojourner, Cittizen, or o∣ther, 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 pow∣er over them, which the Constables and Magistrates in other places are allowed by the Lawes of the land, to preserve the quiet of the place, and to pu∣nish the misdemeanors of such as are disorderly.

2. W•• doe not know that any Proctors ever ex∣ercised such power over the Publike Magistrates of the Citty 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 Vniversity does not claime any such power.

3. We answer and deny That the Citty have a∣ny such ancient Charters concerning five Aldermen and eight Assistants of the Citty as is pretended in this Article.

4. We likewise deny that in the case of Noctiva∣gation the Proctors are any iudges at all, but only Re∣lators of the Offendors; nor are they to have the forty shillings, but only the halfe in case of legall conviction, as in all other cases of mulcts.

5. As for what the Petitioners have proposed as an expedient in this point, That the Towne Officer •• may have as much power over us, as the Vniversity Offi∣cers over them, we conceive it would be neither just nor safe for them to endeavour or us to consent to the divideing that power with them which by Law and practice is wholly ours, and which is so abso∣lutely necessary to the well governing of the Vni∣versity. Besides, we conceive That if both parties should walke in the Night it would breed occasion of quarrells and tumults if not blood-shed. And how little cause the Petitioners have to complaine

of Tyranny in the exe••cise of this power, wee d••re appeale, to the consciences of the best and gravest Cit∣tizens•• whether they h••ve not enjoyed both quiet & profit by the vigilant care of the Proctors in the Night watch: To the knowledge of such oth••••s of their Body, whose disorders made them justly ob∣noxious to that power, whether they have not usu∣ally been much more favo••ably dealt with then the members of our own Body•• Lastly, To the Testimony of many other civill Gentlemen both of our owne and forraigne Nations, who in times of peace did use to come and so••ourne in Oxford; whether they did conceive it any Greivance to them to be sub∣ject to this and other rules of government of the University, which the Petitioners are pleased to tra∣duce as arbitrary and Tyrannicall.

III. To the Reasons of the Third Greivance, We answer.

1. That the University having the undoubted Assize of Bread and Beere (and the Oath for the ob∣serving that Assize being a necessary consequent de∣pending on it) the right and c••stome of admitting and Licenceing of common Brewers & Bakers in Ox∣on is not only ancient, but for the fitnesse 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 in∣dulged the like custome to persons of qualitie in o∣ther places. And this particular right of the Vniver∣sity hath not many yeares 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 seve∣rall Officers of the Vniversity for their paines about that businesse, & are (as we conceive) in themselves but moderate, farre short of such Fees as are required by the Citty, and their members in other like cases. But the Vniversity 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 proba∣bility) would be worse practised and with greater prejudice to the publique, if exercised by the Citty; whose chiefe Magistrates are for the most part men of the same Trades, & who by severall Acts of Par∣liament are prohibited from entermedling with the Assizing and Correction of victuals, or the defaults therein.

IIII. To the Reasons of the fowerth Grievance We answer.

1. The University never challengeth, nor did any Vicechancellor ever exercise any such power of pul∣ling downe, or abating, Townesmen houses.

2. As to the two instances, we say, Those houses were both erected by the Citty and those who de∣rive from their Title with ••such prejudice to the common passages adjoyning that they were presen∣ted at the Lee•• 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 Vicechancellor herein, was upon the request of the Citty, expressed in their let∣ters to the Lords of the Privy Councell the 17. of Aprill, 1634. by whose Order thereupon made the oversight of doing thereof was referred to the then Vicechancellor, as intrusted with the Care and Cu∣stody of the Streets there: The second, totally to be demolished, as being most notoriously disliked and complained of by the whole Countrey and all pas∣sengers, to whose great danger it was in their travell 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 thē; which was in truth the Citty themselves, and not the University or Vicechancellor.

V. To the Reasons of the Fift Greivance, We answer.

1. That the matter here intimated by the Peti∣tioners (for it beares not any direct charge of Dis∣communing) is an ancient Priviledge of the Universi∣ty, albeit rarely practised and not but upon great provo••ation, to which the University ha's recourse as to their last refuge against the professed Adversa∣ries of the publique rights, peace, and good gover∣ment

thereof, and that only by their joynt and ge∣nerall consent in Convocation, wherein wee con∣ceive our proceedings justifiable,

• 1. For that of common right trading is free for all persons, where & with whom they please; and the same measure we doe herein mete to the Cittizens, they may, and we are content (if they see just cause) they shall mete to us againe.
• 2. For that the Petitioners doe the like them∣selves not only towards the University & Privi∣ledged 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 then an universall Freedome of Trade; which as it is most consonant to the native liberty of every Free man and to the Common Law of the Land; so would it be more beneficiall to Scollers then any other persons, they living wholy upon the penny, buying all commodities, but having nothing to sell•• But whether the Petitioners themselves, bee 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 severall ancient Fayres, & Markets heretofore used to be kept in Oxon, and sometimes belonging to some Colledges, and have supprest them to make way for their owne sole Tra∣ding in that place; and have of late without any 〈◊〉〈◊〉

warrant, erected new Corporations of particular Trades, and by colour thereof engrosse such Trades amongst 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 Petitio∣ners, as to the forme of it, hath been approved and setled upon solemne debate in Parliament above fower hundred years agoe.

2. Whereas they object against it that it is con∣ceived in Generall termes; We reply, So are all those Oathes which are required by the Citty of Oxon and other places of all their Free men, when they are first enfranchised, to preserve the Liberties of their respective Corporations.

3. Whereas they pretend ignorance of our Pri∣viledges, and thereby insinuate how unjust it is they should Sweare to preserve them, We answer, That neither this Oath which we require, nor any other of that kinde which is conceived in Generall termes does, by intendment of Law, bind the takers to any farther observance of the particulars comprehen∣ded within that generality, then as they shall come To their knowledge; And we farther say; That this rea∣son (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 maintaine and keep all the Franchises, Liberties, and Cu∣stomes

of the Citty, to which many of them are alto∣gether strangers at the time of their taking that Oath; Whereas none are required or admitted to sweare to maintaine the Liberties of the Vniversi••y but a few Cittizens of the Graver sort, to whom by reason of vicinity and long coversation amongst us, the Custome•• and Liberties of the Vniversity are sufficiently knowne.

4. Though we doe confesse all priviledges to be just which we claime, yet we neither pretend to be our own Judges to determine, in poynt of Contro∣versy, which are just; neither doe we pretend that the Major or any Cittizen is bound to sweare, or if he doe sweare is bound to maintaine all or any Privi∣ledges barely claimed by the Vniversity as just, un∣lesse they be so in themselves, and have been lawful∣ly used by the Vniversity, And therefore since (as is cleare by the words of the Oath) we doe not claime that the Major and Cittizens ought to sweare to maintaine any other then the lawfull Priviledges of the Vniversity, And that it is acknowledged by the Petitioners, that the Major is bound by his Oath (and known by common practice, that every Free∣man is in like manner bound) to maintaine all the Liberties of the Citty, and that many of those doe clash and stand in opposition to diverse of those which the Vniversity so claime, It must follow, that all such pretended liberties of the Citty as doe clash with those Liberties of the Vniversity which the Major and Cittizens are required by Oath to main∣taine, must be in themselves unlawfull.

5. Lastly, we crave leave to observe a very pre∣posterous

course taken up by the Cittizens of latter times to overthrow the just and ancient Rights of the Vniversity, by the new forged Engines of their Citty Oaths; for first they frame an Oath contrary to our Priviledges, and then complaine of our Pri∣viledges for being contrary to their Oath.

VII. To the Reasons of the seaventh Grievance We Answer,

That for the great losse sustained by the Vniver∣sity in Edward the thirds time by the cruell and bloody outrage of the Townesmen against the persons and goods of many thousands of innocent Schollars, the Major Bayliffes and Commonalty then entred into two Bonds, one of five hundred pounds, and the other of a hundred markes yearely to the Vniversity; the former was given up upon the paiment of fifty pounds only, (no way answerable to that losse) the second was suspended by an Indenture of Composition so long as the Major and sixty two such Townesmen as had been sworne that yeare to preserve the Priviledges of the Vniversity, should yearely upon Scholastica's day repaire to S^t Mari••s 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 to the poore, and a third to the Minister of the Parish. Upon the Reformation in Queene Eli∣zabeths 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 Citty will redeeme the Vniversity expects First recompence for the remainder of the Mony a∣bated upon that first agreement, Secondly a repara∣tion for the Scandall of this Article and Grievance, there being none more abhorring of Superstition then they who are herein charged with an endea∣vour of continuing it.

VIII. To the Reasons of the eight Grievance We Answer,

1. That the Vniversity, by ancient Custome con∣firmed by Act of Parliament, have used to make By-lawes for the better ordering and government of the Vniversity and Schollars therein; which By-lawes bind not only Schollars but Tradesmen also in rela∣tion to the Ordering and Government of Schollars and not otherwise•• And this power is adjudged in diverse Booke-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-Lawes.

2. That the Petitioners themselves in other ca∣ses, doe both claime 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.

3. As to the instance concerning Taylors, we an∣swer as before, That we have not made any By-lawes concerning them but in relation to the Go∣vernment of Schollars; and we conceive it in conve∣nient

that it sh••uld be in the power of Tailors to in∣veagle young Gentlemen into new and chargeable fashions in Apparell, contrary to the desires of their Parents, the direction of their Tutors, and the pub∣lique Discipline and Order of the Vniversity, meer∣ly to enhanse their own prices in the making, and the Mercers gaines in the selling, of such deare but unnecessary trimmings as this instance relates unto: And we say farther, That we know none more guil∣ty of the Grievance here objected to the Vniversity then the Tailors 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 Cor∣porations, Felons Goods and Deodanes doe of right be∣long; The Vniversity claimes them as granted to us in expresse words by an Ancient Charter (the only way by which they can be granted) and this Char∣ter is confirmed by Act of Parliament; and we deny that the Citty have any such Charter precedent to ours that does grant them to the Citty, and upon this we are ready to submit to a Tryall at Law.

2. That if the Petitioners have no good Char∣ter for them, then their having the Custody and Charge of the Gaole, and the power to try the Pri∣soners when they purchase such a Commission, and their being liable to Escapes, will not entitle them to the Goods of Felons (much lesse to Deodands) no∣thing being more known and ordinary then for se∣verall

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 Citty have one Gaole with the custody whereof they are charged, yet there is another within the Liberties of the Citty and used by the County, to which the Vniversity does com∣mit most of their Prisoners, and may doe so by all.

4. Though they by charged with their Gaole and Prisoners, yet is it very little charges to them: such Prisoners as have where-withall being maintained out of their own goods; and such as have not, by Almes, especially of the Vniversity and Col∣ledges; the Gaoler in the meane time making a good advantage of his place by Fees and other∣wise.

5. What charges they voluntarily put them∣selves to in the tryalls of Felons, is more then they need to doe; for if the Felons be of the body of the Vniversity, they may be tryed before our Steward at our charges if we please. And if they be not of our Body, they may and have been tryed before the Judges of Assise and Gaole delivery for the County.

6. Why such Perquisites as are meerely matter of profit should be thought by the Cittizens so im∣proper for Schollars to enjoy, we doe not under∣stand; nor doe we know how they doe or can en∣gage Schollars in such trouble as is surmised•• which the Vniversity doe 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 doe nothing respect either Deodands the goods of Fugitives, Treasure Trove, and other par∣ticulars which are in like manner challenged both by the University and Citty upon the same titles as F••lons Goods are.

X. To the Reasons of the tenth Greivance,

1. We answer and deny that the Citty hath any power by Charter or otherwise to set up Taverns or to Licence the selling of Wine by retaile in Oxon; nor doth the Statute of 7^o. Edw. 6^ti cap. 5^to. by letter or Equity enable them so to doe. But the Universi∣ty both at the time and long before the making of that Statute had and used the priviledge of Licen∣sing and suppressing of Tavernes in Oxon. And this our Priviledge is saved unto us, by an expresse Pro∣viso in that Statute, by virtue whereof we doe justi∣fie the inhibiting the City to erect Tavernes, or Li∣cence the sale of Wine by retaile in Oxon.

2. We further say, that in respect of that power which we claime and exercise over Vintners, Brew∣ers, Bakers, and other Victualers, and in the Market, and for those small perquisites wee receive thence, the Cittizens are yearly abated, and the University was anciently charged with a considerable part of their Fee Farme rent•• whereas wee doe not receive any considerable benefit this way proportionable to what the Citty hath, or claimes to have, as belon∣ging

to their Fee Farme other waies.

XI. To the Reasons of the Eleaventh Greivance

We answer. 1. That it is one of the most ancient Li∣berties of the University that the Priviledged per∣sons thereof may use any Trade and exercise any Merchandize in Oxford, or the Suburbs thereof as freely as any Cittizen; and this hath been confirmed anto us not onely by Act of Parliament, and Judge∣ment in Parliament, but also by Indentures of Com∣position between the two Bodies, whereby the Pri∣viledged 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 Citty.

2. Wee doe not otherwise then according to this priviledge assume power to set up Trades within the Citty; nor doe we authorize Forreigners to exer∣cise Trades in Oxon, other then 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 yeares been unjustly molested by the Cittizens for so doing.

3. We deny that the Citty ha's any Charter so confirmed as is pretended to exclude Priviledged priviledged persons from exercising lawfull Trades and selling by retaile within the Citty, though they be not of their Guild; no such Charter having hi∣therto been produced upon former Hearings when this point has been in debate betwixt us.

4. Lastly we humbly conceive this Libertie can∣not

in equity and good conscience bee taken from Priviledged persons, who are many of them Butlers and Manciples, or other Officers and Servants to the University and the Colleges and Halls therein, having Wives and Children to maintaine, which they cannot otherwise doe then by Exercising law∣full Trades; their small wages & allowances which they receive by their respective places being scarce sufficient to maintaine them in meat and cloathes 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 sup∣pose it does sufficiently appeare that some of the particulars in controversy betwixt us (which the Vniversity claimes as their iust and ancient Privi∣ledges, and the Citty complaine of as Grievances) doe concerne meerely matter of profit and interest•• to which i•• our Title be good in Law, we hope they will not be thought inconvenient for us to enjoy, though the Citty desire to strip us of them; And because a full hearing and exact discussion of all their and our Charters and Pretensions would oc∣casion much trouble to this Honorable Commit∣tee, we therefore humbly pray that we may be left to a tryall at Law for all such things as are me••rely matter of Title, and not be disturbed in our possessi∣on till we shall be evicted by Law.

As for other Particulars which concerne matter of

Power and Iurisdiction we likewise h••mbly desire, That our Right may be cleared and acknowledged first, and then the matter of Convenience taken into consideration; whereby we hope it will appeare, that as those Priviledges are just and legall, so they are no way unfit, but absolutely necessary for us to enjoy; as tending to the advancement of Piety, Ci∣vility, and Learning, no way derogatory to the Power of the Civill••Magistra••e, not founded upon Supers••ition or Tyranny, nor inconsistent with the just freedome and immunities of the Cittizens. Wherein we d••••••••e it may be considered, That ma∣ny large immunities and Priviledges have been granted and are enjoyed by the Citty in respect of the Vniversity: That their principall Benefactors have been members of the Vniversity: That they receive an ample benefit by our continuall com∣merce and trading with them, all or most of our Revenue coming in from abroad, but expended a∣mongst them: That their Children receive a libe∣rall education and preferment amongst us beyond the proportion of other places: That, if it were not for the Vniversity, the Citty of Oxford would be but of mean consideration: That there are many o∣ther Citties, but only one more University in the Land, and those two as famous as any in the World: That the Vniversities are the publique Nurseries of Religion, Piety, Learning, and Civility, and there∣fore 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 Vni∣versity over the Cittizens may seem Grievous to the

Cittizens, yet are they Necessary for us, without which it would be impossible to give a good ac∣compt of that great trust which is committed to us for the training up of youth, upon whose educati∣on not only their own wellfare, but the flourishing condition of the Common-wealth (next under God) does very much depend.

We therefore humbly desire and pray, That the Golden reignes of that ancient Discipline, by which both the Vniversity and Citty 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 feare) engage the members of both Bodies in continuall quarrells, and open a gap to such sad consequents, as we shall be sorry to see but unable to prevent••

FINIS.