A32051	----	By the King. A proclamation for the removing of the courts of Kings-bench and of the Exchequer, from Westminster to Oxford Proclamations. 1644-01-01. England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription A32051 of text R214920 in the English Short Title Catalog (Wing C2625). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A32051 Wing C2625 ESTC R214920 99826966 99826966 31378 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32051) Transcribed from: (Early English Books Online ; image set 31378) Images scanned from microfilm: (Early English books, 1641-1700 ; 1882:13) By the King. A proclamation for the removing of the courts of Kings-bench and of the Exchequer, from Westminster to Oxford Proclamations. 1644-01-01. England and Wales. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. aut 1 sheet ([1] p.) by Leonard Lichfield, [Printed at Oxford : 1644] Copy catalogued imperfect; cropped at foot, with loss of imprint and some text; imprint from Wing. Reproduction of the original in the Bodleian Library. eng Courts -- Law and legislation -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Oxford (England) -- History -- Early works to 1800. A32051 R214920 (Wing C2625). civilwar no By the King. A proclamation for the removing of the courts of Kings-bench and of the Exchequer, from Westminster to Oxford. Whereas the sole England and Wales. Sovereign 1644 777 1 0 0 0 0 0 13 C The rate of 13 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-03 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion CR HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms BY THE KING . ¶ A Proclamation for the removing of the Courts Kings-Bench and of the Exchequer , from Westminster to Oxford . WHEREAS the sole power of appoynting the Place or Places in which Our Great Courts of Iustice shall be kept , and of removing them from one place to another , as urgent occasion shall move Us , by the Lawes of this Kingdome is inherent in Our Royall Person . And whereas it is of great importance to Our service in these times of difficulty and distraction , to have Our Iudges of Our said Courts to attend neere unto Us , by whose advice We may the better proceed in all those Cases wherein the Iudgement and knowledge of the Lawes is required . And whereas more especially the Chancellor , or Lord Keeper of the Great Seale of England , and the Judges of Our Court , called the Kings-Bench , were and are to follow the King ; and Our Court of Exchequer , being the proper Court of Our Revenue , ought to attend Us as We shall appoynt . And whereas Our Cities of London and Westminster have been , and yet are , the chiefe Causers , and Maintainers of this prsent Rebellion against Us And We taking into Our serious consideration , that while Our Courts of Kings-Bench , Common-Pleas , & of Our Exchequer are kept at Westminster , many of Our good and Loyall Subjects might be compelled or injoyned , by Proces in Our name , to make their appearance there , which they could not doe without hazard of Imprisonment , or other dammage or violence from the fomentors of this Rebellion ; and many might suffer prejudice by Verdicts and Judgements had and obtained against them by default or otherwise , when they could not with safety come to make their just defences : thereupon We did resolve to remove those Courts from Westminster to Our City of Oxford , whether other of Our Courts of Iustice have been and are already removed by Our former Proclamation . And to the end that there might not be any prejudice to any of Our Subjects , by discontinuance of their Suits in those Courts or otherwise , We did send Our severall Writs of Adjournment , directed to Our Iudges of Our said Courts of Kings-Bench and Common-Pleas , and to Our Barons of Out Exchequer , thereby commanding and giving Warrant and authority to them respectively , to adjourne all Pleas and Prices depending before them , in and from the Two and Twentieth day of November last past , to the first returne of Hillary Terme next , commonly called Octabis Hillarii , to be helden then at Our City of Oxford . But our Messenger sent with those Writs ( as We haue been informed ) for no other cause but for doing his duty in carrying and delivering those Writs , was imprisoned , and in an unjust and illegall way Sentenced to dye , and brought to a place of execution , and threatned to be Hanged , as at that time another of Our Messengers for no other cause then for doing his duty in the like kind , in carrying Our Proclamations to London , was then shamefully Hanged and Murthered , ( an Act so Barbarous as no former age can paraleli ) and We have not yet received any certain and particular information touching the execution of those Writs . In pursuance therefore of Our former resolution of removing those Courts from Westminster to our City of Oxford , We doe for the present by this Our Proclamation , authorized under Our Great Seale of England , Ordaine and appoynt , and by these presents publish and Declare Our Will and Pleasure to be , That Our said Courts of Kings-Bench and Exchequer , shall for the next Hillary Terme , at the usuall and accustomed time for holding of the same , be holden and kept at Our said City of Oxford , and not at Westminster , and shall be continued and kept there during that whole Terme and afterwards at the severall times and Termes for holding and keeping of those Courts , untill Our farther pleasure be known and published for removing them from Oxford . And We doe hereby straightly charge and Command , all Our Iudges of Our said Court of Kings-Bench , and Our Barons of Our Exchequer , and all Officers , Protonotaries , Clerkes , 〈…〉 
A32080	----	By the King. A proclamation to declare, that the procez of green waxe may be sealed at Oxford as well as at London, for the Courts of Kings-Bench, Common-Pleas and Exchequer during these times of this unhappy distraction. Proclamations. 1643-10-12. England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription A32080 of text R214854 in the English Short Title Catalog (Wing C2700). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A32080 Wing C2700 ESTC R214854 99826910 99826910 31321 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32080) Transcribed from: (Early English Books Online ; image set 31321) Images scanned from microfilm: (Early English books, 1641-1700 ; 1845:9) By the King. A proclamation to declare, that the procez of green waxe may be sealed at Oxford as well as at London, for the Courts of Kings-Bench, Common-Pleas and Exchequer during these times of this unhappy distraction. Proclamations. 1643-10-12. England and Wales. Sovereign (1625-1649 : Charles I) 1 sheet ([1] p.) by Leonard Lichfield printer to the University, Printed at Oxford : 1643. At foot of title: Given at his Majesties Court at Oxford, this twelfth day of October, 1643. Because of the irregularities of the times, seals will be kept in London and in Oxford. Reproduction of the original in the Bodleian Library. eng Courts -- Law and legislation -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Oxford (England) -- History -- Early works to 1800. A32080 R214854 (Wing C2700). civilwar no By the King. A proclamation to declare, that the procez of green waxe may be sealed at Oxford as well as at London, for the Courts of Kings- England and Wales. Sovereign 1643 262 3 0 0 0 0 0 115 F The rate of 115 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2008-03 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms BY THE KING . ¶ A Proclamation to Declare , that the Procez of Green Waxe may be sealed at Oxford as well as at London , for the Courts of Kings-Bench , Common-Pleas and Exchequer , during these times of this unhappy distraction . HIs MAjESTY having received information from severall persons , and from severall parts of this His Kingdome , that the Legall proceedings in the great Courts of Justice at Westminster , the Court of Kings-Bench , the Court of Common-Pleas , and Exchequer , are much hindered because the Seales for those Courts commonly called the Green Waxe Seales , are kept and continued in London only , whether many of His Majesties Subjects dwelling in the Westerne and Northerne parts , and other parts of this Kingdome , dare not resort for their Procez to be sealed in these times of generall distraction ; But if His Majesty should ordaine that Seales should be kept at the City of Oxford , as well as at London , for the sealing of the Procez , of those Courts whether all Suitors , and their Atturneys , Clerks , and Sollicitors , might have a free and safe accesse for the suing out and sealing of their necessary Procez returnable in those Courts , and those be made returnable at , and in , the said Courts respectively at Westminster , where it is determined that a part of the next 〈…〉 〈…〉 God save the King . Printed 〈…〉 
A42845	----	By the governour I desire that present notice may be given by the vice-chancellour to the severall heads of all colledges and halls ... Glemham, Thomas, Sir, d. 1649. This text is an enriched version of the TCP digital transcription A42845 of text R43202 in the English Short Title Catalog (Wing G850). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A42845 Wing G850 ESTC R43202 26987268 ocm 26987268 109906 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42845) Transcribed from: (Early English Books Online ; image set 109906) Images scanned from microfilm: (Early English books, 1641-1700 ; 1718:9) By the governour I desire that present notice may be given by the vice-chancellour to the severall heads of all colledges and halls ... Glemham, Thomas, Sir, d. 1649. 1 sheet ([1] p.). Printed at Oxford by Leonard Lichfield ..., [Oxford] : 1645. Other title information from first line of text. Reproduction of original in Bodleian Library. eng Oxford (England) -- History -- 17th century. Great Britain -- History -- Civil War, 1642-1649. A42845 R43202 (Wing G850). civilwar no By the governour I desire that present notice may be given by the vice-chancellour to the severall heads of all colledges and halls ... Glemham, Thomas, Sir 1645 239 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-08 TCP Assigned for keying and markup 2007-09 Apex CoVantage Keyed and coded from ProQuest page images 2007-10 Mona Logarbo Sampled and proofread 2007-10 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion By the GOVERNOUR . I Desire that present notice may be given by the Vice-Chancellour , to the severall Heads of all Colledges and Halls , and by the Major to the severall Aldermen , and Church-wardens of every Parish , that they publish within their severall limits ; That it is His Majesties Pleasure , That a strict account be forthwith taken of the Provisions enjoyned by His Majesties late Orders and Proclamations for every person for sixe moneths . To which purpose , I have againe recommended it to the Gentlemen that made the former Search , to make another Search : And to begin on Monday the 19th of this instant January . And in respect such persons as upon this second View , shall be wanting of their due proportions , are severally to be proceeded against , without distinction of persons . I thought fit to give them this warning ; And therefore pray you not to faile to take all due meanes to make this His Majesties pleasure knowne ; And to that end likewise Mr Pye , His Majesties messenger , is to see many of these printed Papers in the severall parts of this Vniversity and City to be set up . Given under my hand at Oxford , this 12th of Ianuary , 1645. Printed at OXFORD , by LEONARD LICHFIELD , Printer to the Vniversitie , 1645. 
A53766	----	Civitas Oxon. A bill of all the burials from Friday the VIth of August to Satterday the XIVth anno Dom. 1641. Oxford (England : City) This text is an enriched version of the TCP digital transcription A53766 of text R214669 in the English Short Title Catalog (Wing O853). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A53766 Wing O853 ESTC R214669 99826764 99826764 31170 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A53766) Transcribed from: (Early English Books Online ; image set 31170) Images scanned from microfilm: (Early English books, 1641-1700 ; 1769:5) Civitas Oxon. A bill of all the burials from Friday the VIth of August to Satterday the XIVth anno Dom. 1641. Oxford (England : City) 1 sheet ([1] p.) s.n., [Oxford : 1641] Place of publication from Wing. Reproduction of the original in the Bodleian Library. eng Burial -- England -- Early works to 1800. Oxford (England) -- History -- Early works to 1800. A53766 R214669 (Wing O853). civilwar no Civitas Oxon. A bill of all the burials from Friday the VIth of August to Satterday the XIVth anno Dom. 1641. Oxford 1641 184 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-04 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 John Pas Sampled and proofread 2008-06 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion CIVITAS OXON. A Bill of all the Burials from Friday the VIth of August to Satterday the XIVth Anno Dom. 1641. Buried within the Walls as followeth Alsaints 0. S. Aldates 0. S. Ebbes 3. 2. of the small Pox 1. of a Consumption S. Iohns 0. S. Maries 0. S. Martins 0. S. Michael of the smal Pox 1. S. Peters in the Baylie of the small Pox 3. S. Peters in the East 3. 1. of a Consumption 1. Aged 1. of an Impostume Buried in the Suburbes as followeth Binsey 0. S. Giles 0. Holliwell of the smal Pox 1. S. Thomas 0. S. Mary-Magdalen 2. Which were Children suspected to have died of the Plague , but it is now thought that they died not of that disease , neither ( thanks be to God ) have any died of that disease within the said City , or Suburbes , these many Yeares . The totall of all that died this Weeke is 13. 
A45682	----	A strange relation of the suddain and violent tempest, which happened at Oxford May 31, Anno Domini 1682 together with an enquiry into the probable cause and usual consequents of such like tempests and storms. Harrison, Robert, 17th cent. 1682 Approx. 24 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A45682 Wing H908 ESTC R11544 11824451 ocm 11824451 49621 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45682) Transcribed from: (Early English Books Online ; image set 49621) Images scanned from microfilm: (Early English books, 1641-1700 ; 32:17) A strange relation of the suddain and violent tempest, which happened at Oxford May 31, Anno Domini 1682 together with an enquiry into the probable cause and usual consequents of such like tempests and storms. Harrison, Robert, 17th cent. [2], 12 p. Printed for Richard Sherlock ..., [S.l.] : 1682. Attributed to Robert Harrison. Cf. Halkett & Laing (2nd ed.). Reproduction of original in Harvard University Libraries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Storms -- England. Oxford (England) -- Climate. 2004-08 TCP Assigned for keying and markup 2004-08 Aptara Keyed and coded from ProQuest page images 2004-10 Judith Siefring Sampled and proofread 2004-10 Judith Siefring Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion A Strange Relation Of the Suddain and Violent TEMPEST , VVhich happened at Oxford May 31. Anno Domini 1682. Together With an Enquiry into the probable Cause and usual consequents of such like Tempests and Storms . Printed for Richard Sherlock Booksellour in Oxford . ANNO. DOM. 1682. Animadversions upon the late suddain Tempest , which happened at Oxford on the Thirty First day of May last past . THose Accidents which are least expected , are either most dreadful , or most admirable : That which is common is contemned ; and familiarity makes men disgust the most Noble , because Usual , works of God. The Occurrence of unexpected Casualities breed Terrour ; of unfrequent Wonder : This over-joys the Ears : That overwhelms the Mind . Here then I have a Subject will exercise the faculties of both Soul and Sense ; If you have a mind to hear what former Ages have been seldome acquainted with , if to understand what later times may justly deprecate ; I shall faithfully publish the Relation , and seriously examine the Events , of a late Accident , which may respond to both your desires . 'T is pleasant to scann the variety of Natures operations , but grievous to pry into her Cryptick Machinations . The Tempest was amazing in facto , but will be terrible in futuro ; 't was repentine and violent , but will be significant and notable : But to the business . Upon the 31 of May last . The Morning was calm , serene , and clear , at Ten of the Clock an uncouth and intense Heat of the Sun seem'd to scourge the moistned Plains , as if He would have redeem'd in a moment the continued Bathings They had been so long plung'd into , by the quick and penetrating stroaks of 〈◊〉 redoubled Beams . This continued till about a quarter of an hour after Noon ; when presently a steddy and soft Wind seem'd to dislodge from his Back , and hoord up several Clouds and Vapors not far from our Zenith ; Having obser'vd this , I forthwith erected a Scheme , and beheld the Position of the Heavens ; from which I had no sooner learnt the impending Event , but immediately the presaged Storm came out of hand to attest the veracity of my judments . A miraculous , dismal , and hideous Storm followed : First , a Cataegis , or rushing murmur was heard in the upper Regions , which anon was felt in the lower : A huge , blustering , and boisterous Wind descended with such vehemence and irresistable force , that it proved inimical to antient Trees and antique Edifices ; was dangerous , if not destructive , to Way-faring Men , and out-laying Cattle ; 't was thick , and black , and with such violence reflected upon the Ter●●●●ous Globe , that thereby it wheeled , and contorted it self into such windings , that it hoised up , and as it were absorbed , the more subtile , light , pulveriz'd and dry particles of the Terrestrial bodies , which had been divided and separated by the preceding Ardour of the Sun's scorching beames ; these opacous particles were so gross and many , and so variously tossed in our Atmosphere , they denyed Us our Meridian Lustre of the Sun ; for thse beams the upper Clouds transmitted , They terminated : So that without a contradiction , we might have asserted a Solar Eclipse , at two Signs Elongation of the Luminaries . Whereas other Subitaneous and Erratick Winds ( as they call them ) are usually distinguished into three Species , The Typhon , Prester and Ecnephias ; This Thyella or Storm is reducible to none , but includes them all ; The first blast was like the Ecnephiae , which are the effect of distracted and shattered Airy Clouds ; Typhon proceeds from the Fumigation of the clashing Vapors ; and Prester is a Whirlewind intermixt with Fire , which were all visible in the time of this Storm 's continuance . And the concomitant Thunder was no less astonishing , then the described Wind : for besides the frightful Claps at every Eruption , the Lightening was deadly , ruinous , and powerful ▪ the Fulgur quick and Crispisulcant , and appeared several times to compose and distort its self to the Form and similitude of an Oxe's Horn ▪ otherwhiles to the likeness of the Pyramidical flame of a burning Torch , or indeed not much unlike the Spiritual Cloven Tongues : This Coruscation comprehended those three Kinds of ominous and pernicious Sceptoe's : viz. The Psoloes , fuliginous ; killing and destroying the tender Herbs : Arges , rapid ; blasting and smutting the hopeful Fruits : and Elicias , morbiferous ; and lineally compos'd according to the forementioned Figures . Lastly , the Rain was thick , strong , and ponderous ; its fall caus'd the tender Scions as it were reverence it , and bow to its presence ; several of the Drops were extended to the full Breadth of a Six-penny-piece , which also followed one another so closely that They seemed one continued Spout or Stream ; so that in less then half a quarter of an hour , these pouring Cataracts raised the water in a round and uniform Vessel of about 4 foot Diamiter , near two Foot higher then before , without the asistance of any other interfluent Rivulet , or commixing water . Hesiod in his Theogonia decyphers a fictitious Tempest ad amussim , with all the expressive Terms that Horrour and Amazement can invent : But Truth delights in a plain Dress ; such in Reality was This , as I have here described it ; whose more immediate and direful effects , are sadly evident in several Instances , as in the Subversion of Bridges , the Discussion of Walls , and Demolition of Houses ; the Despoliation of some Trees of their Boughs , and others of their Fruits , the Eradication of newly sown Seeds , the Exsiccation of those more deeply rooted , and a general either Deprivation or depravation of the Radical and vivificating moisture of all Trees , Herbs , Fruits and Plants : what the Wind left , the Rain beat down ; and what That spared , the Lightening struck : these are Tokens too evident . Again , t was easy by a sleight Animadversion to understand the Malitiousness of this Tempest , even from sensitive perceptions : You might have smell'd the Vapours in their Descent , abounding ( and therefore infecting subjacent Bodies ) with Stench and Corruption : You might have beheld an unusual Proreption of Animalcles out of the Bowels of the Earth , hunting and searching about for Food , as sensible of some convenient Aliment , which they commonly extract out of corrupted matter : You might have tasted a vitious juice or moisture adhereing to the leaves of Vegetables , afterwards incorporated therein , and remaining a sure Ground for the Generation and Nourishment of Insects , Caterpillars &c. When the Vivific Energy of the Sun shall more powerfully work upon Them. Now because such Events , with the vulgar , are usually sealed immediato Dei vel Daemonis Digito , with the immediate Finger of God or the Devil , I shall essay to demonstrate this Phaenomenon to be the meer Result of Secundary Causes , and to salve it from the common Observation of such like Contingencies , and the plain Operation of Physical Causes . For consider : I suppose the Integral parts of all Sublunary Bodies , as the mixt Bodies of Earth , Water &c , to be minute , slender , sleight , and slippery , and accordingly as these parts are mingled and intertexed one with another . The Body is constituted Fluid or Solid &c : But I conceive , the Fluid Bodies are composed of Oblong , Solid Bodies of variously figurated , Particles ; Now these Parts or Particles being Themselves compounded ( according to the Corpuscularian Philosophers ) of Self-moving Atoms , are either continual Movents or feasible Moveables : However , t is certain that by the diversly qualified Irradiations of aspected Planets , and chiefly of the two Luminaries , these Minute Particles are actuated or put in Motion ; by which Motion or Agitation They are caused to ascend Upwards , without any inclination of their own ; Because They find no other place , To or By which they may more easily continuate their Motion , for their Natural Downwards is obstructed by the Earth ; Just as the Dust being trampled upon , and put in Agitation by the prancing Feet of Coursers , assays Vpwards , although it have much more of an Internal Principle to retard such Motion . Those which are called Vapours are the parts of Fluid and more light Bodies , wherefore their Ascent is easily soluble ; But the Exhalations , which are parts of Solid and more gross Bodies , I suppose to be wheedled Vpwards , being complicated in the Embraces of Ascendant Vapours . These Vapours then , being , as I said , agitated by the Influence of Celestial Bodies , are yet more forcibly struck and moved by the Intense Sun beams , as is manifest by Their then more frequent and apparent Ascent : And altho they be Oblong , yet in Their Ascension seem Globular , because of their ready and quick circumgiration , whereby They impel one another ; till at length this Motion begin by litle and litle to languish and decay , when once , above the Atmosphere , they lose the Sun's reflex beams ; and so at last , by the cold of the middle Region , cohere and stipate more close together ; yet not altogether destitute of Motion , but retaining a Self-inflecting Activity , effectual to the conglomerating and reducing Them unto mutual Amplexes ; whereby , together with contrary Winds assistant to the Unition and Conjunction of their Vagabond parts , They concresce into Clouds . Whence t is evident , there are these causes prerequir'd to the Generation of Clouds , viz. The Superlunary Influence to exhale Vapours ; gentle Winds to conjoyn Them ; and sufficient Frigidity to congeal Them : which must all be duly contempered ; and which never so joyntly and proportionally concur , as in the Spring , and hence proceeds the frequent Alteration of Weather in that Season . But because I said , that Exhalations were carryed aloft by their Adhesion to Vapours ; 't is to be noted how they are separed in the Superiour Regions ; for We observe that some Clouds are wholly Airy , others Watry , others Fiery , &c. which manifestly denotes That Exhalations and Vapours are sometimes separated : Which will appear if we consider their Gravity or Levity ; for 't is plain that oft times the Gravity of Exhalations may stop their Course , and stay them behind , while the Light Vapours ascend higher ; or sometimes They may be left alone , while That impells Downwards the more Volatile Vapours from them , which is not effectual to the moving of Them ; or lastly They may be distinguished by the constant Agitation of the Winds , like Butter from Milk. Now therefore these Airy , Fiery , and Watry Clouds have large Superficies's considering their Matter , as Sense can testifie ; and therefore are suffulted by the Air 's Resistance , lest they should descend , even against their own Inclinations : but by the supervening Heat , and perhaps other Qualities of Celestial bodies , some ( or all ) of their Particles are Liquefacted , or otherwise prepared , and thereby unite the rest together more closely and compactly , and consequently become more Heavy ( for ponderosity proceeds from the smallness or Paucity of Pores ) till at length their own weight press and force them downwards ; being adjuted sometime by an Impulse of the superiour , sometime by a Recess of the inferiour Air ; through which they are strained , and as it were sifted , so that accordingly as That is more laxe or presst , the Rain or Wind are greater or less ; or as They connect with Analogus Vapours or Exhalations occurring in their Descent . Thus you have seen in brief , the Manner of the Ascending and Cohereing of Vapours , the Impending and Descending of Clouds . All this happened to this Storm by a signal and suddain Concurrence ; t was Signal , because Boisterous ; Suddain , because Vnobserved . The preceeding Serenity , Clearness and Emptiness of our Air , was the Reason , why the brisk , quick , and stated Southern Winds disburthened themselves here so fast of their Clouds ( collected , exhaled and concreted in Forraign Countries ) because of that Resistance was in the stuffed Air ( circumscribing this pure Air of ours ) less capable of admitting such grossly-coherent Clouds , being cloyed with such like before : or perhaps several opposite Winds blowing at the same time from opposite Plages ( as has not been seldome observed ) might terminate in Ours , and so Impell hither , dislodge themselves , and pile up , in our Vertex , several Clouds of different Contextures and Composures : and hence the Storm was made up of the Extreams of Wind , Thunder , and Rain . Amongst these Clouds being thus comping'd and penn'd up ( on the South and West , by their proper Winds , on the East and North by the Closeness of the Air ) the Celestial Powers bred intestine broils , and tumultuous Strivings , whereupon Each meditated their Exit downwards , through the Lower Regions of the Air , being less Stipated , and more yeilding , then the other Circumambient : And This with the more Impetuosity , because of the more agitated ( not rarified* ) Particles , conspiring all to a Motion Deorsum , both by Natural Tendency , and Influential Impression ; and with Difficulty overcoming obvious Remora's . So , the Whirl-wind was caused when an Aerial and Superiour Cloud was dilated , ( that is when his litle , long Particles put on a brisk and circular Motion , which required more Room then when they were almost quiet and still ) by Superlunary Agents , and forcing his way through some narrow chink of an Inferiour Cloud , where it found least resistance , descended as it were perpendicularly and from the Zenith ; The manner whereof may be rarely exhibited in an Eolipile . The Thunder was generated by a Tabulated and Compiled Order of Oblong Clouds , the Superiours of Which , being forcibly condensed by Celestial Beams , and by that Condensation gravitated , and by that Gravity violently detruded upon those subjected Clouds , caused a mighty Sound by their Impinging and Atrition thereupon , which rebounded in the Atmosphere ; And because the Exhalations were partly inflammable ( such are the Spirits of Metalls , the Effluvia's of Sulphur , Arsenick , Nitre , Ammoniack , Bitumen , Mercury , Camphire , Vitriol , Antimony and such like , abounding in the Bowels of the Earth and emissed by Subterraneous Fires ) therefore , I say , by this Elision and Attrition of the Clouds , Fire or Flame was accended ; which Flame has us●●lly those Effects , which are consequent to the Natures of the Exhalations or Vapours , whereof the Cloud is composed . The forementioned Variety of the Shapes of this Flame or Coruscation , I conjecture , to have born some Analogy , with their respective parts of the Superiour striking , and clashing Cloud . The Rain was generated by the hasty Resolution of an Inferiour Cloud , whose ponderous Ingredients promoted its Descent ; The largeness of the Drops proceeded partly from the other Vapours which coupled with them in their Rode to the Earth ; but chiefly from the compactness of the Cloud , which may be said rather to have been broken in peices , then resolved into parts : or perhaps , what is very probable , one watry Cloud fell upon another ; so that in joynt Forces both mutually conspired to a Descent , and the drops of th' one , mixt with those of th' other . Lastly , the ready Cessation of this Storm was caused by the few , but forcible , stroaks of the Superiour upon the Inferiour Clouds , which presently either totally dejected , or dissipated Them. Here suffer me to take a short digression , and make a parallel . We had a great , mighty , rushing Wind a few days before , the Apostles on the very day of , the Pentecost ; That was Defluxus Caeli , This Exhalatio Terrae ; That really came down from Heaven , This apparently ; That filled only one place , This especially one ; That happened where the Apostles and Disciples were gathered together , This where God's Ministers , Christ's Disciples are chiefly resident ; That when men of different Nations were dwelling at Jerusalem , This when men of different Countries were commorating in England : That brought Cloven Tongues , This their Similitude ; Those represented ( with the Prophet ) the Tongues , the best Member we have , These ( with the Apostle ) the worst Member we have ; That filled the Disciples Hearts with the Holy Ghost , This the Peoples Hearts with Holy Thoughts ; That caused Amazement , This Terrour ; That was a certain Seal of his first comeing in the Flesh , This may be a probable Sign of his second comeing in Glory ; That was a Token of the plentiful Harvest of the Gospel of Christ , This of the scarce Crop of the Fruits of the Ground : The Summ of all is ; That as the Spiritual Tempest was God's Ordinance and Method to prepare men for the Reception of the Holy Ghost , So this Natural one to awaken them to the Work of Repentance . Thus I have endeavoured to trace out , and solve the unexpectedness of this Tempest ; In all which I do not recur to that self-moving and subtile matter , which the Cartesians so much dote upon ; but allow the Celestial Influences to be the Principle Efficient , and Primary Movent in all such Accidents . For the Position of the Heavens did evidently manifest this Tempestuous Weather ; and t was only the promising Sudum , made it unaccountable to the Vulgar , and the precedent Serenity of the upper Regions in our Zenith ; which was permitted until the more effectual and continued darting of the Stellar beams upon the suddainly-coagulated Mass of Vapours ; which after due , prepared , and sufficient operations , dissolv'd , dishevel'd and hurried Them downwards ; And the more forcibly , because the more perpendicular Rayes of the Planets produced this so repentine Effect . We find Mars , Sol and Mercury were pofited in Gemini , where they had all some Essential Dignity just without the Cusp of the tenth house in the South South West Plage of Heaven , whence all this Storm arose ; and we had all the rest of the Planets in or about medium Caeli in such an Hubbub and confused manner , as it was impossible but some notable Effect should quickly follow ; Observe the Congruity of this Position with the Storm , which seems to have been govern'd by the Influences of the Ninth , Tenth , and Eleventh Houses : The beginning of the Tempest was Wind , wherefore in the Ninth House we had the two Planets hot and dry by Nature , together with Ambiguous Mercury , in an Airy Sign : The middle was part Thunder , but most Rain , wherefore in the precise Tenth House we had a moist Planet in a Watry Sign ; The end was most Thunder and part Rain , so in , and upon the Cusp , of the Eleventh House were the Planets ( some of an hot and dry , others of a moist Nature ) in a Fiery Sign ; So that in all things the Storm was consonant to the Triplicities then possess'd by the Planets . But as the Storm was rare , so its Effects , or rather Events , will be no less admirable : The Summer , I judge , will be pestered with many Showers , and abundance of disturbing Southerly Winds ; Expect Diseases more rife ; an universal Scarcity of wholesome , but Plenty of Noxious Fruits . Autumn will abound with Rain unusual , and Sickness Epidemical ; a Soultry , Dark , Cloudy and Unwholsome Season ; and such unconstant Weather , that the Husbandman will find it difficult to make the profit recompense his Labour this year : And to gather empty Husks will be as great a Loss to him , as Grievance to the whole Nation . The Fields will be either scorched by interfering Ardour , or drowned by continual Moisture . These are my Sentiments upon this unusual Accident ; which seem to be more Ratified , by the preventional Comet , and postventional Conjunction ; of the One I have already spoken , of the Other I intend to treat . Search the Annals , and you may find what has been the usual Consequents of such like Tempests . Such an one happened in the Sixth of Hen. 3. whereupon followed a Dearth , an Earthquake , and a Comet . So in the Fifteenth of Richard 2. March 5. a suddain and terrible Tempest arose , with the violence whereof much hurt was done , after this ensued great Mortality by Pestilence , so that much Youths died every where , in Cities and Towns in passing great Numbers , herewith followed a great Dearth of Corn , so that a Bushel of Wheat in some places was sold at Thirteen-pence , which in those dayes was an exceeding great price : So in the Sixteenth of the same , were several such Tempests , whereby the Corn was spoiled , a Plague followed in Essex and a Dearth in Cambridge ; And in the Fifth of Q. Mary was a signal Tempest of Wind , which Our's equall'd in violence not in continuance , and thereupon followed a great Mortality in the next Harvest , by Quartanes and other Epidemical Rotts . But more Instancies would be as unnecessary as tedious . This therefore is the Flagellum Dei , to scourge the People's pride by blasting their Felicity : This is the denounced Wrath of God , to bring down their high minds by lopping of the Staff of their Bodies : But oh what Energy , what prevalency might a sincere Ninivitical Humiliation have against the Powers of Heaven ! How might it wrest and extort Mercy from God , and avert these impending Catastrophies ! which that you may all speedily set upon , is the hearty Desire , and earnest Prayer of Your Friend and Servant — Notes, typically marginal, from the original text Notes for div A45682-e110 South-VVest , or South-west by South . Arist Meteor . Arist. Met. Cartesius Meteor . As the Peripateticks . assert . Forreign Embassadours . Psal. 108. 1. James 3. 6. Raph ▪ Holins . 
A53767	----	The oath of every free-man of the City of Oxford. Oxford (England : City) This text is an enriched version of the TCP digital transcription A53767 of text R214670 in the English Short Title Catalog (Wing O854). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A53767 Wing O854 ESTC R214670 99826765 99826765 31171 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A53767) Transcribed from: (Early English Books Online ; image set 31171) Images scanned from microfilm: (Early English books, 1641-1700 ; 1769:6) The oath of every free-man of the City of Oxford. Oxford (England : City) 1 sheet ([1] p.) printed by Leonard Lichfield, Oxford : 1646. A detailed oath to defend the liberties of the city. Reproduction of the original in the Bodleian Library. eng Oaths -- England -- Early works to 1800. Oxford (England) -- History -- Early works to 1800. A53767 R214670 (Wing O854). civilwar no The oath of every free-man of the City of Oxford. Oxford 1646 646 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-04 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 John Pas Sampled and proofread 2008-06 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Civitas Oxon. ss. The Oath of every Free-man of the City of Oxford . YOU shall sweare that you shall be faithfull and true to our Soveraigne Lord KING _____ and to His HEIRES , and Lawfull Successors , KINGS and QUEENES of this Realm of ENGLAND . You shall be Obedient and ready to the Major , Alldermen , and Bayliffes ; Ministers , and Keepers of this City , ( Officers under the KING'S MAJESTY , ) and to their Lawfull Commandements . The Franchises , Liberties , and Customes of this City , you shall keep and maintaine to your power ; and in as much as in you is , you shall save this City harmlesse . You shall be partner of all manner of Charges touching this City ; as in Sommons , Contributions , VVatches , Taxes , Tallages , as another man of the same City is . You shall avow no Forraigne goods as your owne , whereby the KING may loose His Customè . You shall take none Apprentice for lesse time then for seven yeares ; and you shall cause him to be enrolled within the first year of his Apprentiship , and if he serve you well and truly , so shall you certifie at his out-going . You shall not take nor Receive , nor consent to the taking or Receipt of any Incorporation , or Fellowship ; nor of any Book , or Confirmations of Acts , or Ordinances for any Fellowship ; Company , or Fraternity within this City , or the Franchises , or Subur'os of the same ; without the speciall Assent , Consent , and Agreement , of the Major , and Bayliffes , and of the Councell of this City thereunto , first especially had and obtained . You shall know no Forraigne Marchant in this City , that useth any Craft , Buying or Selling ; but you shall warne the Chamberlaines , or else the Majors Serjeant thereof . You shall not Withdraw , Purloyne , or Withold ; nor consent to the Withdrawing , Purloyning , or Witholding , of any of the Charters , VVritings , Evidences , Escripts , or Myniments appertaining , or which of right ought to appertaine to this City ; but you shall do your best endevour to see them brought in and delivered to the use of this City . You shall Implead no Person of this Franchises , and Guild , out of this Court , if that you may haue right within this Court ; neither shall you Challeng , Claim , or take the Priviledge of any other Court or Courts , in any Action , or Suite , here Commenced , by any Person that is Free of this Guild ; except the same Priviledge be allowable by the Common Lawes of this Realm ; and in all things you shall be justified by the Major of this City , and his Councell , as a true and Obedient Citizen ought to be . You shall not concent to the Decrease of a Coffer , called [ Dame MARGARET NORTHEN , and CISSELEY HABERFIELD , ] nor to the Decrease of an other Coffer under five Lockes , without the Assent of the Major , and of his Councell ; and the Councell of this City , you shall truly keep . These poynts , and all other touching the Franchises , Liberties , and customes of this City , or any of them ; you shall keep and maintaine to the uttermost of your power . So God you help . And by the same Oath , you shall give Mr. Major the VVine and Spice , when it is asked of you . OXFORD , Printed by LEONARD LICHFIELD , 1646. 
A67175	----	A speech spoken in the council-chamber of the city of Oxford the 16th of September, '87 by William Wright, esq., deputy recorder of the said city, being the day on which the right honourable James, Earl of Abingdon, took the oath and accepted the office of lord high steward of the city aforesaid. Wright, William, b. 1658 or 9. 1687 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A67175 Wing W3717 ESTC R31849 12269535 ocm 12269535 58186 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A67175) Transcribed from: (Early English Books Online ; image set 58186) Images scanned from microfilm: (Early English books, 1641-1700 ; 1516:19) A speech spoken in the council-chamber of the city of Oxford the 16th of September, '87 by William Wright, esq., deputy recorder of the said city, being the day on which the right honourable James, Earl of Abingdon, took the oath and accepted the office of lord high steward of the city aforesaid. Wright, William, b. 1658 or 9. 1 broadside. s.n., [London? : 1687?] Imprint suggested by Wing. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Oxford (England) -- History -- 17th century. 2008-02 TCP Assigned for keying and markup 2008-03 SPi Global Keyed and coded from ProQuest page images 2008-04 Mona Logarbo Sampled and proofread 2008-04 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A SPEECH spoken in the Council-Chamber of the City of OXFORD , the 16 th of September , 87. by William Wright , Esq Deputy Recorder of the said City , being the Day on which the Right Honourable James Earl of Abingdon took the Oath , and accepted the Office of Lord High Steward of the City aforesaid . Mr. MAYOR , IT was the Custom of the ancient Romans , the greatest and wisest People that ever liv'd , to dedicate their Cities and Free-towns to the care and protection of some God , to whom they fled in all their Calamities , if they were invironed by their enemies , or threatned with any impendent danger , there they sought and there they expected to find relief . IN conformity to this great example , we of this place , tho' we do not pretend to such a choice , have sought and gain'd too the protection of one of the greatest men ; a person , who for his temperate zeal , for the establish'd religion , his firm adherence to the Laws of England , his steady and unshaken loyalty to the Crown , is deservedly the glory of the present , and will be the wonder as well as the example of all succeeding Generations . WE have seen his unwearied pains in serving the Crown , we have tasted his pious care of us , our Liberties and Franchizes , and have in all respects found him a zealous asserter of the public Good ; and that which makes him more dear to us now , a Champion for the Rights and Priviledges of this Corporation . Therefore he that shall search the Records and look into the former Triumphs and Glory of this City , will at no time find a greater occasion of Joy than is now afforded us ; for what can he that consults the honour and reputation of this City desire greater than to see this noble Lord become our Patron and Protector , to see him that has always made it his choice now make it his Duty to assist and defend us ? MY LORD , OUR unanimous Choice , the joyful Acclamations and general Satisfaction which attended your Lordship's Election , do sufficiently evince how much you are the Darling of this City , and your Lordship 's constant Inclination to assist us , even when you were under no Obligation , doth give us all possible Assurance that we shall never fail of your Lordship's Care , Shelter and Protection . In humble Confidence of this , we do repose in your Lordship's Care , a City in some measure worthy of so noble a Patron , a City compos'd of wise , discreet , and understanding Members , that have been in all Times famous for their Loyalty and Integrity to the Crown , and have therefore , in every King's Reign , since Henry II. been adorned with fresh Grants of Royal Franchizes , as Monuments , and noble Rewards of their couragious , and brave Adherence to their Sovereign . And lastly , a City that has been always honoured with the Protection of the Prime and Flower of the English Nobility , such as amongst many other were Ch. Brandon , Duke of Suffolk , Tho. Lord Cromwell , Francis Earl of Bedford , Robert , Earl of Essex , John Lord Williams , the Lord Hunsdon , Sir Tho. Knollys , the Lord Eleemore , Lord High Chancellor of England , the Lord Knollys , the Earl of Berks , and the late Duke of Buckingham , and we have now obtained the Protection of your Lordship also , as the Crown and Glory of them all . MY LORD , To perform well the Office of Lord High Steward of this City , requires no other measures , than what you have always practised . It hath been your Lordship's continual Study to do us good , and thereby you have performed that Office , without the least View to your Lordship's Person . Your Lordship is now become as a Guardian Angel to this Place , and have given us a Title to bring our Complaints , and to pray your Assistance in all our Difficulties ; and by the Security of so Noble a Patronage , your Lordship has given us an everlasting Establishment , and made us the Envy of all other Corporations , and thereby , as an humble Acknowledgement of the great Honour your Lordship has done us , I do , in behalf of myself , of this House , and of the whole Body of this City , return your Lordship our humble and hearty Thanks , making this our most earnest Request to Heaven , that your Lordship may flourish in all Honour and Greatness , and that there may never be wanting one of your Lordship's Name and Blood to protect us so long as this Corporation last , which I hope will be to the World's End. Price Two-pence . 
A74235	----	Oxforde Hollar, Wenceslaus, 1607-1677. This text is an enriched version of the TCP digital transcription A74235 of text R212330 in the English Short Title Catalog (Thomason 669.f.8[10]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A74235 Thomason 669.f.8[10] ESTC R212330 99870962 99870962 161061 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A74235) Transcribed from: (Early English Books Online ; image set 161061) Images scanned from microfilm: (Thomason Tracts ; 245:669f8[10]) Oxforde Hollar, Wenceslaus, 1607-1677. 1 sheet ([1] p.) : ill. s.n., [London : 1643] An engraved plan and view of Oxford, by Wenceslaus Hollar.--Cf. Thomason. Annotation on Thomason copy: "printed. at London. 4th June 1643.". Reproduction of the original in the British Library. eng Oxford (England) -- Maps -- Early works to 1800. A74235 R212330 (Thomason 669.f.8[10]). civilwar no Oxforde Hollar, Wenceslaus 1643 209 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 John Pas Sampled and proofread 2008-11 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion map of Oxford OXFORDE inset view of Oxford Oxforde 1. Vniversity-Colledge 2. S. Maries Colledge 3. Queenes Colledge 4. All Soules Colledge 5. Oriall Colledge 6 Brasen nose Colledge 7 Lincolne Colledge 8 Exeter Colledge 9 Divinitie Schole 10 Vniversity Scholes 11 Iesus Colledge . 12 Bailioll Colledge 13 Trinitie Colledge 14. St. Iohns Colledge . 15. Waddam or newe Colledge 16. Corpus Christi Colledge . 17. Merton Colledge 18. Christ Church Colledge 19. Pembroke Colledge 20. Magdalene Colledge 21. S. t Maries Church . 22. All Hallowes 23 Christs Church 24. S. t Aldates Church . 25. S. t Ebbes 26. St Peters in the Baily 27. St Peters in the Easte . 28 St Michaelis 29 St Magdalene . 30 S. t Giles . 31. S. t Clemens 32 S. t Thomas 33 Ladies Chapell 34 somtime Osney Abbey . 35 White Friens 36 Glocester Hall . 37. Highe Bridge . 38. Highe Streate . 39 South Streate 40 North Streate 41 Corne market 42 Great Baily . 43. Quater Voys. 44. Castle Streate . 45 Catte Streate . 46 St Iohns Streate 47 Bridewell . 48. Christ Church Almes houses inset map of surrounding land 
A79005	----	By the King. A proclamation for the ease of the citty of Oxford, and suburbs, and of the county of Oxford, of unnecessary persons lodging or abiding there Proclamations. 1643-01-17 England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription A79005 of text R232023 in the English Short Title Catalog (Wing C2610). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79005 Wing C2610 ESTC R232023 99897796 99897796 137325 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79005) Transcribed from: (Early English Books Online ; image set 137325) Images scanned from microfilm: (Early English books, 1641-1700 ; 2527:15) By the King. A proclamation for the ease of the citty of Oxford, and suburbs, and of the county of Oxford, of unnecessary persons lodging or abiding there Proclamations. 1643-01-17 England and Wales. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 sheet ([1] p.) printed by L. Lichfield, [Oxford : 1643] Dated at end: "Given at our court at Oxford, the seventeenth day of January, in the eighteenth yeare of our reigne." Imprint from Madan and Wing (CD-ROM edition). Reproduction of original in the Bodleian Library. eng England and Wales. -- Army -- Barracks and quarters -- Early works to 1800. Vagrancy -- England -- Early works to 1800. Oxford (England) -- History -- Early works to 1800. Broadsides -- England A79005 R232023 (Wing C2610). civilwar no By the King. A proclamation for the ease of the citty of Oxford, and suburbs, and of the county of Oxford, of unnecessary persons lodging or England and Wales. Sovereign 1643 741 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms BY THE KING . ¶ A Proclamation for the ease of the Citty of Oxford , and Suburbs , and of the County of Oxford , of unnecessary Persons lodging or abiding there . HIs MAIESTY being inforced to draw into these parts and places diverse Regiments of Souldiers , who want fit places to Billet them in , by reason ( as He is informed ) there are many Women and Children as well as Men , who have no necessary employment either about His Majesties Person , or Court , or Army , and yet have thrust themselves into Houses and Lodgings in these places , from whence they keep out others , which must be placed here , and are but a burthen in the consuming those provisions which are and must be made for those , whose attendance and service is necessary , Hath therefore , by the advice of the Lords and others His Highnesse Commissioners , of His Princely care , thought fit to publish and declare His Royall Pleasure and Command as followeth . 1. That all such as have Houses , or parts of Houses , or other Roomes , sit for the entertaining , lodging , or disposing of any Souldiers , or others , doe truly deliver the number of roomes they have , the number of bedds , the true number of Persons there lodged , entertained or receaved , and their names , as neere as they can , and to whom they doe belong , or under whose command they are . 2. That all such as are so lodged or entertained doe truly deliver what their qualities are , under whose command , or upon what attendance , either to the Court or Army , what their names are , and doe truly set downe what bedds they have to receave them , and where . 3. That if any doe refuse to give such true information , or doe mis-informe in any thing , or doe colour any others to lodge there which ought not so to be , that He or Shee shall be subject to that punishment which the offence deserveth . 4. That if any Person shall not immediatly , or within twenty foure houres after the publishing of this Proclamation , depart from this Citty and Suburbs thereof , and County aforesaid , who cannot justify their abiding here as aforesaid , they shall be sent away by the Officers of the Army , or Ministers of Iustice , as the case shall require , with such disgrace as they deserve for such their fault herein . 5. That if in this County there be any Women or Children lodged or entertained under pretence of attending the Army , or any Souldiers therein , that the Commanders in that place shall examine and certify to the Kings Commissioners , what they conceave to be fit , According to whose Certificate , that shall be done which shall be just in such case . 6. That if any have houses of abiding in this County , or neere thereunto , that they remove thereunto speedily , where they shall have the Kings Protection for their safety . 7. That if any shall in any of these things offend , they are hereby to know , that they shall not only incurre the danger of contempt to His Majesty for such their offence , but also such other punishment as the nature of their offences shall deserve . 8. That if any Person come into the Citty or Suburbes thereof , he shall that night , or before , discover unto St Iacob Ashley the Governour of the Citty , his owne name , and the names of his servants , or company , and the place from whence he came , and the occasion of his comming . And that the Master of the House shall , before any new commer shall lodge in any house , deliver the name of such Person and his company to the Governour of the Citty , upon the like pain as aforesaid . ¶ Given at Our Court at Oxford , the Seventeenth day of Ianuary , in the Eighteenth yeare of Our Reigne . God save the King . 
B03318	----	Oxford this 11 of June 1644. Whereas by an order bearing date the 8th of this instant Iune, it was ordered, that all inhabitants and persons resident within this city, should at their perils within seven days after the date thereof, provide and lay in for their families three moneths provision of corne and other victuals ... Oxford (England). Council. This text is an enriched version of the TCP digital transcription B03318 of text R176057 in the English Short Title Catalog (Wing E930D). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B03318 Wing E930D ESTC R176057 53981650 ocm 53981650 180217 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B03318) Transcribed from: (Early English Books Online ; image set 180217) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2820:23) Oxford this 11 of June 1644. Whereas by an order bearing date the 8th of this instant Iune, it was ordered, that all inhabitants and persons resident within this city, should at their perils within seven days after the date thereof, provide and lay in for their families three moneths provision of corne and other victuals ... Oxford (England). Council. 1 sheet ([1] p.) s.n., [Oxford : 1644] Title from caption and first lines of text. Imprint suggested by Wing. Headpiece; initial letter. Signed: Cottington [and 9 others]. Reproduction of the original in the Bodleian Library. eng Emergency food supply -- Law and legislation -- England -- Oxford -- Sources. Oxford (England) -- History -- 17th century -- Sources. Broadsides -- England -- 17th century. B03318 R176057 (Wing E930D). civilwar no Oxford this 11. of June. 1644. Whereas by an order bearing date the 8th of this instant Iune, it was ordered, that all the inhabitants and p England and Wales. Privy Council 1644 296 1 0 0 0 0 0 34 C The rate of 34 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion OXFORD this 11. of June . 1644. WHereas by an Order bearing date the 8th of this instant Iune , it was Ordered , that all the Inhabitants and persons resident within this City , should at their perils within seven dayes after the date thereof , provide and lay in for their families three moneths provision of Corne and other Victuals . Now that there may be a full execution of that resolution ; It is Ordered , that M. Vice-chancellour appoynt honest and fit persons on Monday next to search , examine , and view the severall Colledges and Halls , and certifie this Board in writing , what provisions of Victualls is there made by the severall persons and Families Inhabiting in the said Colledges and Halls , with the names of the persons , and number of the Families , that the proportion of provision may be judged . And M. Thomas Nevill , M. William Loving , Alderman Charles , and Captaine Bowman are likewise appointed the same day to search , examine , and view the provisions laid in by the severall Inhabitants of what degree soever , of and in this Cit● or Suburbs thereof ; And to certifie us the number of the persons within the severall Families and what Provisions are laid in for the support of the said Families , according to the former Order , That all those who neglect to conforme themselves to the directions aforesaid may be put out of the Towne as persons justly to be suspected , which shall be strictly put in practise , Cottington . Hertforde . Hen. Dover . Sussex . Dunsmore . Seymour . Ch. Hatton . Ed. Nicholas . Io. Bankes . Ed. Hyde . 
B06225	----	A true confutation of a false and lying pamphlet entituled, A divelish designe by the Papists to blow up the citty [sic] of Oxford with gunpowder, on Thursday the 13. of January 1641. This text is an enriched version of the TCP digital transcription B06225 of text R185575 in the English Short Title Catalog (Wing T2608). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B06225 Wing T2608 ESTC R185575 52529333 ocm 52529333 179148 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06225) Transcribed from: (Early English Books Online ; image set 179148) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2778:15) A true confutation of a false and lying pamphlet entituled, A divelish designe by the Papists to blow up the citty [sic] of Oxford with gunpowder, on Thursday the 13. of January 1641. Tolson, John, 1575 or 6-1644. 1 sheet ([1] p.) s.n., [Oxford : 1641] Caption title. Initial letter. Imprint suggested by Wing. Signed: Io. Tolson vicecan. Oxon. deput., and 8 others. Reproduction of the original in the Bodleian Library. eng Anti-Catholicism -- England -- 17th century -- Early works to 1800. Oxford (England) -- History -- 17th century -- Early works to 1800. Broadsides -- England -- 17th century. B06225 R185575 (Wing T2608). civilwar no A true confutation : of a false and lying pamphlet entituled, A divelish designe by the Papists to blow up the citty [sic] of Oxford with gu [no entry] 1641 485 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-02 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A TRVE CONFVTATION OF A FALSE AND LYING PAMPHLET ENTITVLED , A Divelish designe by the Papists to blow up the Citty of OXFORD with Gunpowder , on Thursday the 13. of January 1641. TO All to whom these presents shall come . Whereas there have lately been diverse false reports in printed Pamphlets , and otherwise raised , & dispersed , of a Divellish designe by Papists to blow up the Citty of Oxford with Gunpowder . And that for the effecting thereof , there were found upon a search by Officers at the signe of the Starre neere Carfoxe , two and twenty Barrels of Gunpowder , two Barrels of Shott and Bullets , and great store of Warlike Amunition , as Shovells , Spades , Pick-axes and the like , with compleat Armes for one hundred and fifty men . These are to certifie , that upon examination of the premises , We can find no foundation of truth for the same , neither was there found at the said signe of the Starre , any powder , shott , Bullets , or other warlike Amunition , but such as was placed there by the Lord Lieve-tenant , and Deputie Lieve-tenants of the Countie of Oxford , wherealso the Magazin and store of powder , and Amunition for the said County , hath for many yeares before been kept , nor doth any cause appeare to suspect , that the said Gunpowder and Amunition , was intended to be disposed of , or imployed , but according to the direction of the Lord Lieve-tenant , and Deputie Lieve-tenants of the said County . And whereas these false reports may tend to the great Injury , and prejudice of Mr Thomas Williams who keepeth the said Inne . These are moreover to certifie that the said Mr Thomas Williams is of very good repute within the said Citty of Oxford , and conformable to the Protestant Religion of the Church of England , no way addicted to Popery , and most unlikely to comply , or confederate with any bad or popish designe , against his King or Country . And whereas the said reports have by some been pretended to be founded on some letters or speeches of one Martin Wright Alderman of the Citty of Oxford , the said Alderman doth utterly disclaime to have given any colour to the said reports by his subscription hereunto . In Witnesse whereof , We have subscribed our names . Dated at Oxford the seventh day of February 1641. Io. Tolson Vicecan . Oxon. deput Leonard Bowman Major . Samuel Fell Deane of Christ-Church . Robert Pinck Warden of New Colledge . Christopher Potter Provost of Queenes Colledge . Gilbert Sheldon Warden of All-soules Colledge . Iohn Saunders Principall of St Mary Hall . Henry Sowtham Alderman . Martin Wright Alderman . 
A49528	----	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 Approx. 116 KB of XML-encoded text transcribed from 32 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A49528 Wing L366 ESTC R9958 13546382 ocm 13546382 100139 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A49528) Transcribed from: (Early English Books Online ; image set 100139) Images scanned from microfilm: (Early English books, 1641-1700 ; 461:18) 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. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Oxford (England). -- Humble petition of the maior, aldermen, bayliffs, and commonaltie of the city of Oxon. 2002-02 TCP Assigned for keying and markup 2002-03 SPi Global Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-04 John Latta Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion 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 .