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. Presented to the honourable Committee for Regulating the UNIVERSITY of OXFORD the 24. of July 1649. OXFORD, Printed by H. Hall Printer to the University. 1649. April 6. 1649. To the supreme Authority of the Nation, the Commons in Parliament Assembled. The Humble Petition of the Major, Aldermen, bailiffs, and commonalty of the City of Oxon, in the County of Oxon. Humbly showeth, THat they taking notice of the late memorable Acts of Parliament, made for regulating of the Privy council, and for taking away of the Court of Star-chamber, the high commission Court, and others of the like nature; and being thereby made sensible of your worthy intentions to disinslave the free●borne 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 emboldened 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 o●Oxon, hav● under-gone, and at this time suffer, as by particulars hereunto annexed may appear; And for redress whereof your distressed Petitioners h●mbly impl●re 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 wherewithal to set them on work; for the raising whereof, there is a certain large piece of ground, called Portmeade, lying near the said City, wherein your, Petitioners have the inheritance and the Village of Woolvercot only Common of pasture therein by reason of vicinage which being enclosed & leased 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 hindered in these thei● pious, and good intentions, by the Inhabitants of Woolvercot 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 Portmeade, for the use aforesaid, leaving a proportionable quantity of ground, or otherwise allowing some sufficient recompense unto the said Inhabitants of Woolvercot in lieu thereof, All which we refer to the wisdom and judgement 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, and at several times put in execution against them by the University. 1. THe University claimeth power to determine all controversies whatsoever, between any persons whatsoever, if one of the parties be a privileged person (except in cases of main felony & freehold) & they claim allowance of their privileges in all other Courts, without pleading of them, & 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 equum & bonum, and merely Arbitrary, at the will of the vicechancellor, or his vicechancellor against whose sentence, how unreasonable soever, no Writ of Error will be by them allowed, or other red●ess 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 penary mu●cts, 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 & exercise a power over the Citizens, to impose 40 ●. upon any Citizen, being found out of his house after 9 of the clo●k, albeit it be in the summer time; and albeit they be Constable in their search for felons, upon pursuit of 〈◊〉 & cry; or Alde●men 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 alehouses, Brewers, and Maulsters, and usually take for the making of Licences for Brewers to Brew, and for Maulsters to make malt 17 s. 8 d. and take recognisances, of the Ale-house-keepers, but never return any of them to the Quarter Sessions. 5. They have challenged to have powers, and de facto have exercised a power, to pull down the Citizens houses of Habitation; and some of the butcher's Shambles within the City. 6. They take upon them power to discommon Citizens at their pleasure, and to inhibit all privileged persons, to have any commerce or trading with them; which power they have also exercised upon divers Citizens. 7 They exact from the Mayor and sixty two Citizens, an Oath for the maintenance of the University privileges; whereas many of their pretended privileges are mere Usurpations and encroachments upon the Liberties of the City, which the Citizens by their Oath● are bound to preserve. 8. They claim and exercise a power to enforce the Major, and sixty two Burgesses of the City, to come yearly to Saint Mary's 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 Mas● 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 to the University. 9 They claim a power to make By-laws, thereby to bind the Inhabitants of the City, which are mere 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 Deodans, 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 soil, 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 profit thereof, belong to the City toward their Fee-farm 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 authorise foreigners to exercise any trade there, as fully as a Freeman of the City; and that albeit such foreigner never served as an Apprentice. 15. In case the City punisheth any irregular Freeman for misdemeanour, or make any By-law for regulating of such misdemeanour, they presently become servant to some Master of Art●, or else to be an under Gardner to some college, or Hall, and thereby exercise their Trades, in contempt of the City, and their By-laws, & refuse to pay any payments with the City, except such as shall be warrantable under the S●al 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 privileged persons draw Townsmen in suit into the vicechancellors' Court for any matters whatsoever (except Mayhem, Felony, and Free hold) 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. Hen. 2. Edw. 3. and divers other subsequent Charters confirmed by act of Parliament and allowed by Justyces in Eyre and in the Courts at Westminster, they ought not to be impleaded out of their own Court, but to have their trial in their own Court according to the customs 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-farm which would be left or at least wise lessened in case that their suit● and trials should be in the chancellors Court, as well where a privileged person is Plaintiff● as Defendant: (there being at this present near about a third part of the Householders within the city privileged by the University as in conceived. Secondly, For that the proceedings in the University Court are by citation Viis & Modis, libel, Excommunication, and the like, and the sentences of the Chancellor, or his Vicechancellor, or commisary not confined or tied to any certain law, either civil, Cannon, or Common law. But either according to any of these, or according to the customs & statutes of the university heretofore used or h●reafter to be ordained, 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 then 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 privileged men after long and tedious suits of 3 or 4 years standing, and much expense, 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 proceeding● 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 privileged Person. The university claimeth a power to imprison, ●Greevance and to impose a mulct of 40●. upon any citizen being out of his house after nine a clock at night without such reasonable cause as the proctors or Vicechancellor shall allow of● the Procter having the benefit of the Mulct, and this hath been exercised not only upon private citizens but upon the public Magistrates and Officers of the city, as bailiffs, 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 virtue of the justice of peace warrants, to prevent escapes from the gaol, whereof the Bailiff●s 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 fyve Aldermen and eight Assistants of the city, besides what the Law of the Land requires are by their ancient Charters and by their oaths 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 Major or any Officer of the city find any privileged person disorderly and irregular they may have power and liberty to secure them until they may be sent to the Vicechancellor 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 no●, he being to have the 40●. And for a civil man to go to the Vicechancellor for leave to be out of his house after nine of the clock or not to stir abroad before 4 of the clock in the morning is conceived by us to be a greater tyranny than is fi● for any freeman to bear, 3 grievance 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 a licence from the university, for which they challenge 17●. 8●, and also enforceth them to take an oath to observe such assize as the Vicechancellor from time to time shall appoint, the which the citizens conceive to be a grievance and a burden both in respect of the money extorted from them● there being no such sum of money due by the laws of this Land for such licence, a● 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 re●sons hereafter mentioned in the grievance concerning Trades being contrary to the Liberty of the People● and privil●dge no ways suitable or proper (as the Ci●tizens co●ceive) for scholars to pretend unto. 4 grievance The vicechancellor heretofore hath by power pulled down some citizen's houses of habitation for which there as yet hath no satisfaction been made either to the Tenant or ●enants in possessi●n, or to the Ci●iz●ns who ●●d the i●heritance thereof● as namely in particular the house of one Tredwell, then worth 10l. per annum, and the house of one Master Chambers worth 6l . per● annum, for which it i● conceived the University ought to make satisfaction both to the Tenants and the city. 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 privileged persons of the University to have any commerce● trade, or dealing with such Citizens as the vicechancellor or Proctor 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 mere will and power against the public interest of the city's Liberties. And also to the utter ruin and destruction at their pleasure of any Citizen and his family in their Trade● Touching the Oath that the university demandeth of the Ma●or and of the citizens. The citizens take it as a grievance and burden to their Consciences, (which they hope the wisdom and Piety of the Parliament will not suffer) to have an Oath imposed upon them in general terms to maintain the privileges 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. The Citizens find themselves very much aggrieved that the Maior and 62 citizens with him should be compelled to come to St. Mary's yearly upon the tenth day of Februarye to make an oblation there at the high Altar of 63 pence for the souls of 63 scholars or privileged persons slain in the time of Edw. 3●. This in the original being gross ●uperstition 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 Inden●ture and one obligation of the penalty of 1000 marks entered into by the city unto the University in these days of superstition, for the continuance of that superstitious anniversary, may be delivered up to the citizens to be canceled, and the obloquy put upon the Citizens by reason of this ceremony quite abolished, And whereas the University now saith that they will be content with the 5s. 3d per annum and dispense with the superstitious Ceremonye● the citizen's desire by the wisdom and Authority of Parliament they shallbe excused from any such acknowledgement of that servile and superstitious nature, Not that we would contend with the university for such small matters (towards whom we ever have, and shall respectively Comport ourselves) but that we may not part with our liberties at any rate nor bear witness against the truth. The university claimeth power to make Bilawes to bind the Inhabitant● of the city, and to lay both pecunia●y Mulcts and imprisonment upon the breakers thereof as upon tailors that have made gowns after other fashions than have been set down in their Private orders, which they citizens conceive to be an unjustand arbitrary practice● That they should be bound by such laws as they never knew, nor ever consented uto by themselves or any representative. And their estates and persons should be liable to the pleasure of other● to whose Acts or Actions they are no ways Privye, and is as they conceive contrary to the fundamental laws of this Land, and the liberty of freemen of this Nation. The university claimeth Fellon'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 liable to all escapes, And it seemeth unreasonable that citizens should be at all the ch●rge and the university to have all the profit, and such persiquites (besides for the reasons aforesaid) may seem not very proper nor convenient for scholars to trouble themselves withal. The university inhibiteth the city from setting up any taverns within the city, or the selling of Wine by retail, the which the citizens conceive to be against the true meaning of the Stat. 7. Edw. 6. And against diverse of the aun●ient Charters of the city, and therefore desire that this grievance likewise may be redressed. The university assumeth power to set up Trades within the city, and to authorise foreigners to exercise Trades there, albeit they never served 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 Trade● or sell by retail with the●, much less that such that have not served as Apprentices, nor are liable to perform duties or servi●es of the Commonwealth as they pretend. The citizens are willing that the university may enjoy and continue all just and due privileges, which either make for the advancement o● Learning, or are fit for them to enjoy, but any privilege or practice, which exalts itself above the power of the civil Magistrate, which i● founded upon superstition or Tyranny, or which is inconsistent with the freedom and just Immunities of a subject or free Cittyzen, they hope and earnestly pray may be by the wisdom and goodness of this Parliament qui●e 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 June 1649. To the Petition. WHereas the Petitioners charge the University with the exercise of an Arbitrary and unlimited pow●r over ●hem to their most intolerable sufferings and oppressions, which they pretend they have for a long time undergone, & at this time suffer, (although the Petitioners by their council at several times before this honourable Committee have a●quitted the present Governors of the University from any such charge, and a●though the University for many years now lat● past have suffered g●●●t w●on●s, & diminu●ions of their just & ancient 〈◊〉 by the P●titioner●, who h●ve ta●●n upon them 〈◊〉 ●●●●ossesse them of some ●f them before come 〈◊〉 of oth●rs while ●●eir complaint is yet de●● 〈◊〉) We answer and say, That the University neither hath exercised, nor does challenge the exercise of any Arbitr●ry power or jurisdoction over the citizens; But only such just Power as they are by Law and custom confirmed by Act of Parliament warranted unto. Concerning portmead. 1. We answer and deny that the Petitioners have the inheritance of the said Meadow, but only a right of Common; and that divers Colleges in the 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, & 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 University were rightly employed by the Petitioners to that end for which they were given, they could not want a convenient stock wherewithal to set them on work, as we conceive. 4. That the improvement desired by the enclosure 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 hindered 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 contains by estimation eight hundred Acres of rich Meadow. 5. If the city have the inheritance of Port-meadow, & that it shall be thought fit to give way to such an enclosure 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 recompense of their said Common in the said Meadow. To the first Article of the city's 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 jurisdiction in all Causes m●ntioned in this Article● whereof or wherein a Priviledg●d person is one party. 2. We do claim Allowa●ce of our privilege for such Persons justly p●ivile●ged, as the chancellor shall under the Common seal certify to any Court to be so privil●dged; & we have had it without the formality or charge of long pleading, paying only a fee for the allowance of the certificate. 3. We have ever proceeded according to the course of the civil laws, and after witnesses have been openly produced in Court and sworn, their examinations are taken in writing by the Judge and Register, & then published that all parties may have Copies of them, according to the course of the 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 ●ly we do grant Arrests without any previous Citation. 7. That our Sentences are (as the Petitioners untruly suggest) merely arbitra●y and grounded upon no Law, but at the will of the I●dge, we deny● For in his Sentences the Judge follows 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 erroneously or unjustly, Writs of Error are not brought to our Court, b●cause the manner of proceedings there are not as at the Common Law, but the party grieved may either appeal, or complain of a nullity, and have redress. And if it be appealed in the university there are there appointed yearly four or ●ive Doctors, and some Masters from the Congregation and Convocation to hear the complaint, & from their judgements there lies an appeal to the supreme Power in Chancery, where the Juges of the Land & 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-walk, and by custom 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 custom he is liable to pay forty shillings for his Noctivagation; & this extends as well to Townsmen as scholars or Strangers. But for barely being abroad about a man's own private, or any other public occasions, such as are specified in this Article, we absolutely deny. 2. We further affirm, that if any man be taken in the Night he may put in bail and show 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 P●octor have at any time tran●gressed 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 mind 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 Vniver●ity by several Charters confirmed by Act of Parliament does require an Oath of the Major and sixty two citizens, to maintain their lawful Priviledges● & so it is expressed in the Oath. To the Eight. 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 Major 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 custom confirmed by Act of Parliament does claim 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 towns men 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 licence taverns in Oxford, according to the true intent of the Statute 7o Edw. 6ti and the persons so licenced are, and may be townsmen as well as privileged persons. And the city hath no right to set up any. To the Fowerteenth. The university by ancient custom and several Charters confirmed by Act of Parliament, and special Compositions with the city doth claim, that privilege 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 than 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 Grievan●es o● the 10th of April; and by their council in the Audience of this Committee upon the 21 of June 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 ●yre, or any such custom 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 than 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 privileges 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 Court by Writs of Habeas Corpus, Certiorari, and Writt● of Error. 4. For that they are ordinarily sued by Strangers both in the Courts at Westminster, and in other Courts; and we cannot ●ind that ever they pleaded any such Charters of Exemption; or if they did, that any such Plea was ever allowed to them; Whereas the universities privilege hath been frequently pleaded and in all ages allowed. 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 custom, whereby They may not sue & be sued out of their own Courts. 2. That supposing They have such a Liberty or custom as 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 Libe●●ies with London and Oxon, who yet are not exempted from suing and being sued out of their own Courts. 4. That it will appear that the most ancien● Charter which the city of Oxon can pretend to, in r●lation to the liberti●s of London, is u●t●●ly repugnant to itself as to the principal of those Liberties. 5. That custom is the work of time, and grow● 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 Major 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 chancellor's Court, We answer. 1. That ever since the Borough of Oxon was first rent out to that Corporation in Fee Farm, they have continually fall'n in their Rent, but enhanced their Reven●es by challenging and taking several particulars as belonging to their Fee farm which in truth are no parts of it. 2. That granting the perquisites of their Co●rt from the proper suitors to be part of their Fee farm, yet their suing and being sued in the university Court, where a scholar or privileged 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 householders within the city privileged by the University, We answer. 1. That we conceive a tenth part of the householders within the city and Suburbs are not privileged persons; And that as the benefit of their privilege by the daily growing oppressions and vexations of the Petitioners is in a manner wholly destroyed● so the number of privileged 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 last Article) to restrain All privileged persons from exercising any Trade within the city, do thereby desire to expose a rhird part of the householders within the city as (being privileged, as they say) to want and beggary. 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 Reply. That there is as quick expedition in our Court as in any other Courts, and they may as well object That divers persons commenced 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 council, or careful atturneys to look well to their pleadings and executions, or for want of ability in the par●ies sued) after long and tedious suits and much expense 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 privileged person who has a Cause now or lately depending in the Town Court, werein he sites divers citizens for a just debt upon bond, and though his debt & bond were well proved or ready to be proved by sufficient witnesses, and no defect in his council or attorney, nor any disability in the Defendants, yet could he not get his money in that Court, after a long and tedious suit near two years, and much expense. Yet is not the Court to be blamed, but the dilatory cunning of the Defendants; and we cannot think it reasonable to charge the failings of men, or other intervening casualties, upon the Law or the Court, either theirs or ours; the due proceedings of which later are in themselves, as compendious as of any other ordinary Court whatsoever. To the Fowerth and last Reason, We answer. 1. That such Courts as ours have been found by long experience to consist very well with the most flourishing Commonwealths that ever were or are in the world, and with the liberty of those 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 practice of the civil laws in our Court, the better to train up young Student● 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 proceeding● thereof being always allowed by the Common-Law. And the Lord Chief Justice Cook in his Book Of the jurisdiction 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 plaintiffs (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 judgement and Costs of Suit, They may arrest not only the Body of any privileged 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 privileged 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 then 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 freeborn 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 privilege in this particular then (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 privilege indulged to them and us in favour of Learning; That scholars may not be called abroad to answer Suits, to the great neglect of their studies, and expense of their time and money. 8. That in mixed suits where one party is of the privilege 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 foreign jurisdiction (which would be equally repugnant to the privileges of both Bodies, no way advantageous untothem, and extremely inconvenient for us) we cannot but conceive it more consonant to justice, and withal more convenient that the privilege of the university should herein take place of theirs, 1. Because this privilege 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 Towne● Court where the Major and bailiffs, 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 always been reputed) the more noble Corporation, more Serviceable in the public, and in which the whole Nation has a greater interest then in the city or citizens; who for the most part are beholding to the university for much of their livelihood and subsist●nce (as themselves in the fift Article do imply) whereas we have no dependence upon them, but only wares for our money at dear r●tes. 4. Lastly Because (as we likewise conceive) if the Petitioners should prove so unfortunately successful in their desires as to obtain the liberty of Suing scholars in their town Court, it would prove in the end very prejudicial 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 privilege of the night-walk, We Answer. 1. That this Right and custom is so ancient, so strengthened by confi●mation 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 looseness, which they ordinarily are exposed to by means of such townsmen as make their own advantage out of the others luxury and deboistness) 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 misdemeanours of such as are disorderly. 2. W● do not know that any Proctors ever exercised such power over the public 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 judges at all, but only Relators of the offenders; 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 Officer ● may have as much power over us, as the university Officers over them, we conceive it would be neither just nor safe for them to endeavour or us to consent to the divideing that power with them which by Law and practice is wholly ours, and which is so 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 bloodshed. And how little cause the Petitioners have to complain of Tyranny in the exe●cise of this power, we d●re appeal, to the consciences of the best and gravest Cittizens● whether they h●ve not enjoyed both quiet & profit by the vigilant care of the Proctors in the Night watch: To the knowledge of such oth●●s of their Body, whose disorders made them justly obnoxious to that power, whether they have not usually been much more favo●ably dealt with then the members of our own Body● Lastly, To the Testimony of many other civil Gentlemen both of our own and foreign Nations, who in times of peace did use to come and so●ourne 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 c●stome of admitting and Licenceing of common Brewers & 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 custom to persons of quality in other places. And this particular right of the university hath not many years since been declared by the free and voluntary acknowledgement of the Brewers of Oxon themselves, as in due time will be showed 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, & 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 public, if exercised by the city; whose chief Magistrates are for the most part men of the same Trades, & who by several Acts of Parliament are prohibited from intermeddling with the Assizing and Correction of victuals, or the defaults therein. iv. To the Reasons of the fowerth Grievance We answer. 1. The University never challengeth, nor did any Vicechancellor ever exercise any such power of pulling down, or abating, townsmen 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 adjoining that they were presented at the Lee● as nuisances, whereupon they were ordered to be abated, viz. so much of the first of them as might enlarge the passage at Smithgate (which had been obstructed by that encroachment) to the conveniency of a Coach or Cart-way, and what was done by the Vicechancellor herein, was upon the request of the city, expressed in their letters to the Lords of the Privy council the 17. of April, 1634. by whose Order thereupon made the oversight of doing thereof was referred to the then Vicechancellor, as entrusted 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 country 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 than directed that convenient recompense 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 Vicechancellor. V. To the Reasons of the Fift grievance, We answer. 1. That the matter here intimated by the Petitioners (for it bears not any direct charge of Discommuning) is an ancient privilege of the University, albeit rarely practised and not but upon great provo●ation, to which the University has recourse as to their last refuge against the professed Adversaries of the public 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 & with whom they please; and the same measure we do herein mete to the citizens, they may, and we are content (if they see just cause) they shall mete to us again. 2. For that the Petitioners do the like themselves not only towards the University & privileged 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 Free man and to the Common Law of the Land; so would it be more beneficial to scholars than any other persons, they living wholly upon the penny, buying all commodities, but having nothing to sell● 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 fairs, & Markets heretofore used to be kept in Oxon, and sometimes belonging to some colleges, and have suppressed them to make way for their own sole Trading in that place; and have of late without any 〈◊〉 warrant, erected new Corporations of particular Trades, and by colour thereof engross such Trades amongst themselves, to the great prejudice of other Tradesmen, and the enhansing of prices upon all manner of buyers. VI. To the Reasons of the sixt Grievance, We Answer, 1. That the Oath complained of by the Petitioners, as to the form of it, hath been approved and settled upon solemn 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 Free men, when they are first enfranchised, to preserve the Liberties of their respective Corporations. 3. Whereas they pretend ignorance of our privileges, 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 Vniversi●y but a few citizens of the Graver sort, to whom by reason of vicinity and long conversation amongst us, the Custome● and Liberties of the university are sufficiently known. 4. Though we do confess all privileges 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 Major or any citizen is bound to swear, or if he do swear is bound to maintain all or any privileges 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 Major and citizens ought to swear to maintain any other than the lawful privileges of the university, And that it is acknowledged by the Petitioners, that the Major 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 Major 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 privileges, and then complain of our privileges 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 Major bailiffs 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 Major and sixty two such townsmen as had been sworn that year to preserve the privileges of the university, should yearly upon Scholastica's day repair to St Mari●s Church, and be there present at such Service as was suitable to those times, and should then and there offer sixty three pence● which was to be distributed two parts to the poor, and a third to the Minister of the Parish. Upon the Reformation in Queen Elizabeth's 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 recompense for the remainder of the money 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 custom 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 bookcases to be binding unto strangers in the like cases, albeit they never actually consented by themselves or any immediate Representatives to the making of such By-Lawes. 2. That the Petitioners themselves in other 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 ways privy or consenting to their Orders either by themselves or any Representatives. 3. As to the instance concerning tailors, 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 in convenient that it sh●uld be in the power of Tailors to inveigle young Gentlemen into new and chargeable fashions in apparel, contrary to the desires of their Parents, the direction of their Tutors, and the public Discipline and Order of the university, merely to enhance their own prices in the making, and the mercers' gains in the selling, of such dear but unnecessary trimings 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 Tailors of Oxford themselves are. Ix.. To the Reasons of the ninth Grievance, We Answer, 1. That the particulars here in Question are merely matter of Law, to which of the two Corporations, Felons Goods and Deodanes 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 trial at Law. 2. That if the Petitioners have no good Charter for them, than 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 then for several Lords of Franchises to have the Goods of such Felons as were their Tenants, who yet are not kept or tried at their charges. 3. We say though the city have one gaol with the custody whereof they are charged, yet there is another within 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 is it 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 colleges; 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 merely 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 pretensions 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 F●lons 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. 6ti cap. 5to. 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 privilege of Licensing and suppressing of taverns in Oxon. And this our privilege is saved unto us, by an express Proviso in that Statute, by virtue whereof we do justify 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 victuallers, 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 We answer. 1. That it is one of the most ancient Liberties of the University that the privileged persons thereof may use any Trade and exercise any merchandise in Oxford, or the Suburbs thereof as freely as any citizen; and this hath been confirmed anto us not only by Act of Parliament, and Judgement in Parliament, but also by Indentures of Composition between the two Bodies, whereby the privileged persons have been ascertained that should exercise such trade and merchandise; who in that regard are to be talliable by scot and lot and other charges with the freemen of the city. 2. We do not otherwise then according to this privilege assume power to set up Trades within the city; nor do we authorise foreigners to exercise Trades in Oxon, other than such as by the Law of the Land and privilege of the University are and aught 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 privileged privileged 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 privileged persons, who are many of them Butlers and Manciples, or other Officers and Servants to the University and the Colleges and Halls therein, having Wives and Children to maintain, which they cannot otherwise do then by Exercising lawful Trades; their small wages & allowances which they receive by their respective places being scarce sufficient to maintain them in meat and clothes 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 privileges, and the city complain of as Grievances) do concern merely matter of profit and interest● to which i● our Title be good in Law, we hope they will not be thought inconvenient for us to enjoy, though the 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 trial at Law for all such things as are me●rely 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 jurisdiction we likewise h●mbly desire, That our Right may be cleared and acknowledged first, and then the matter of Convenience taken into consideration; whereby we hope it will appear, that as those privileges 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 Civill●Magistra●e, not founded upon Supers●ition or Tyranny, nor inconsistent with the just freedom and immunities of the citizens. Wherein we d●●●●e it may be considered, That many large immunities and privileges 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 public 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 account 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 commonwealth (next under God) does very much depend. We therefore humbly desire and pray, That the Golden reigns 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.