The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CCLXXXIV. Baxter's Case. Mich. 30 Eliz. In the Exchequer.

AN Information in the Exchequer, was exhibited against Baxter of Cambridge, upon the Statute of 7 E. 6. Cap. 5. of Wines, and the selling of them against the purview of the said Statute. To which the Defendant pleaded, That King Rich. the second in the 5th year of his Reign, Granted unto the Chancellor and his Deputy, and the Scholers of the Vniversity of Cambridge, Custodiam assisae panis, vini, & Cervisiae, & correctionem & puni∣tionem eorundum;* 1.1 And that the Queen that now is, confirmed the said Grant in the third year of her Reign by her Letters Patents; which were after confirmed by Act of Parliament, 13 Eliz. And so pleaded to the Iurisdiction of the Court. Vpon which, It was de∣murred in Law.

Harris argued for the Queen; and said, That the Defendant could not plead that matter to the Iurisdiction of the Court at that time, for it is now too late, for that he hath oftentimes imparled, and that generally: In which case, the Court having general and ordinary Iurisdiction and Authority to hold plea of such mat∣ters, shall have Conusans of them, notwithstanding the matter which hath been shewed, and set forth. On the other side, It hath

been said, Quod Assisa venit de assidendo; that is, to have the Assise, as well in respect of the price, as of the measure: Which although it be admitted, yet the same shall not help them; For they of Cambridge have not Assisam ipsam; but only, Custodiam assisae, i.e. that the Assise, set down by the Queen and her Coun∣cel, be well kept; And that no other price, or measure be used in the uttering of Wines.

Popham, The Queens Attorny, to the same intent. The Sta∣tute of 51 H. 1. Ordains, That when Wheat is at such a price in the Market, then every penny Loaf is to weigh so much; and so when Barley is at such a price, then so much Beer shall be sold for a penny: And that was the general Assize limited by the said Sta∣tute: In these Cases, the Vniversity cannot appoint another As∣size, than that which is set down by the said Statute; but to take care, that the said Statute be well executed in such Assise. See the Statute of 31 E. 1. of Wines, scil. That Wines shall be sold ac∣cording to the Assize of the King; i. e. 12 d. the Gallon: And in that matter, the Vniversity hath Custodiam only; i.e. the survey of the Assize, and the execution of it, and authority to punish the Offences against the said Statutes, as well in the price, as in the measure according to the said Statutes, and not otherwise, &c. And as to the Statute of 7 E. 6. Cap. 5. By which it is provided, That the said Statute shall not be prejudicial to any of the Inha∣bitants of Oxford, or Cambridge, or unto the Chancellor, or Scho∣lers there to impair their Liberties, &c. The same ought to be in∣tended, that the Liberties and Franchises which the Vniversi∣ties had before by the Grant, ut supra, &c. i. e. to punish such Offences against the Assise, according to the old Statutes. For the said Statute of 7 E. 6. Cap. 5. being in the Affirmative, doth not take away the punishment appointed by any other Statute; but doth continue the same. And a further penalty is appointed, propter ulteriorem poenam.

And as to that which hath been said, That by the said Grant of Rich. the 2d,* 1.2 they have granted to them Cognitionem omnium Actionum personalium inter partem & partem, That will not help the Vniversity in this Case: For the Informer by the Statute, hath Liberty to sue in what Court he will in any of the Kings Courts of Record. And in this Case, the Queen is quodam modo a party; For she is to have the moyety; And so this cause is not meerly betwixt party and party, &c.

Notes

• * 1.1

  4 Inst. 229.
• * 1.2

  3 Cro. 52, 62