A DEFENCE OF THE RIGHTS and PRIVILEGES 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.  
Oxford, Printed at the THEATER, 1690.   

Imprimatur,  
JONATHAN EDWARD'S Vicecan. Oxon. Mar. 31. 1690.   

THE PREFACE.  
THE Privileges of this University have been in so full, clear, and expressive words, granted to our Predecessors; and have since been used here with so much moderation, and prudence; That we, their successors, 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 University, 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 renewed 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 itself, in the reigns of Ed. 3d. Hen. 4th. Hen. 8th. and Car. 1st. it did not only justify the prudence of their Ancestors in granting us our ancient rights; but convinced those excellent Princes of a farther necessity of giving greater, and more unquestionable Privileges. Thus have we been obliged 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 published therefore these two following Treatises; not only out of respect to ourselves; but out of kindness to the City: For when once the most sober, and judicious part of them shall be convinced, 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 public charge; It is impossible to conceive, That the Citizens will still be imposed on; and not find some better employment for their, or ratber (as it originally was) for our money. At least if they are resolved to copy out the example of their Predecessors in opposing the University, They should be so wise withal, as to have imitated their Methods of opposing it. Their Fathers took advantage of that lucky Crisis in 1649; When the University was obnoxious for its loyalty; when learning itself was a crime; and when the judges were as bad, as the Petitioners. This Effort was unsuccesful indeed but well-designed, 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 Father's 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 ratified 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 Benefactors.  
But what success any discourse may have, that applies itself 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 unprejudiced Readers. The Articles of the City have all met with plain, and direct answers: The Charters, that we insist on, are named, and pointed out; and no subterfuge is taken in general expressions. The Matter of Fact will be abundantly justified 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 judgements, whether the inferences, which are few, are not fairly drawn, and warranted by reason. For as the Cause itself was such, That it needed no other advantage, than to be set in its true light; so was the dignity of the Body concerned so great, that it disdained any assistance from sophistry.  
The Nature of this work would not allow us the liberty of digressions and therefore it is still to be wished That all men, in a greater work, were distinctly informed of the first rise of our Privileges; 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 occasioned 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 confirmed them. For since above an Hundred volumes are printed beyond Sea concerning the Rights of Universities and The Privileges of Students; It is to be hoped, That we, who yield not to any foreign University in the greatness of our Privileges, will show equal 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 judges; who, having usually been bred among us, knew the Extent of our Privileges; and have not suffered our rights to be examined 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 foreign Authentic; so have the Year-Books hitherto abundantly supplied 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 University.   


April. 6. 1649. To the Supreme Authority of the Nation, the Commons in Parliament Assembled The Humble Petition of the Mayor, 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 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 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 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 wherewithal 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 hindered 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 quantity of ground, or otherwise allowing some sufficient recompense unto the said inhabitants of Wolvercot 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, etc.   

A Schedule of the City's Grievances claimed 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 maim felony and freehold) and they claim allowance of their privileges 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 merely Arbitrary, at the Will of the Chancellor, or his Vicechancellor, 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 Felons, 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 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 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 Citizen's houses of Habitation; and some of the Butcher's Shambles within the City.  
6. They take upon them power to dis-common 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 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 Mayor, and sixty two Burgesses of the City, to come yearly to St. 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 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 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 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 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 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 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 Arts, 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, 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 Privileged persons draw Townsmen in suit to the Vicechancellors 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 divers 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 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 leastwise lessened in case that their suits and trials should be in the Chancellor's 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 is 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 Commissary, not confined or tied to any certain Law, either Civil, Canon, or Common Law. But either according to any of these, or according to the Customs and Statutes of the University heretofore used or hereafter 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 than before themselves.  
Thirdly, for that divers 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 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 Privileged 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 Vicechancellor shall allow of, the Proctor 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 Goal, whereof the Bailiffs 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 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 Mayor 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 Nonpayment 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 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 fit for any freeman to bear.  
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 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, 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 privilege no ways suitable or proper (as the Citizens conceive) for Scholars to pretend unto.  
4. Griev. 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 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 privileged persons of the University to have any commerce, trade, or dealing with such Citizens as the Vicechancellor 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 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 Mayor and of the Citizens.  
6. Gr. 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 Mayor 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 Mayor and 62 Citizens with him should be compelled to come to St. Mary's 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 Privileged persons slain 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 marks entered into by the City unto the University in those 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 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 acknowledgement 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 ourselves) but that we may not part with our liberties at any rate, nor bear 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 Tailors that have made Gowns after other fashions than 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 liable 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 liable 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 retail, 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 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 Trades or sell by Retail with them, much less that such that have not served as Apprentices, nor are liable to perform duties or services 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 of Learning, or are fit for them to enjoy, but any privilege or practice, which exalts itself 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 june 1649.  
To the Petition.  
Whereas 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 Council at several times before this Honourable Committee have acquitted the present Governors of the University from any such charge, and although the University for many years now late passed 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 University 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 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 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 rend 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 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, and 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 mentioned in this Article, whereof or wherein a Privileged person is one party.  
2. We do claim Allowance of our Privilege for such Persons justly privileged, as the Chancellor shall under the Common seal certify to any Court to be so privileged; and 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, 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) merely arbitrary and grounded upon no Law, but at the will of the judge, 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, because 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 five Doctors, and some Masters from the Congregation and Convocation to hear the complaint, and from their judgements there lies an Appeal to the Supreme 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-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; and 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 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 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 University by several Charters, confirmed by Act of Parliament, does require an Oath of the Mayor and sixty two Citizens, to maintain their lawful Privileges, 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 Mayor 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 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 licence Taverns in Oxford, according to the true intent of the Statute 7o; Edw. 6 ●i 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 Fourteenth.  
The University by ancient Custom and several Charters confirmed by Act of Parliament, and special Compositions with the City doth Claim, that Privileged 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 Grievances of the 10 th' 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 Eyre, 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 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 Privilege 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 custom, whereby They may not sue and be sued out of their own Courts.  
2. That supposing They have such a Liberty or Custom 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 itself as to the principal of those Liberties.  
5. That Custom 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 plead 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 fallen in their Rent, but enhanced 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 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 vexation 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 Article) to restrain all Privileged persons from exercising any Trade within the City, do thereby desire to expose a third 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 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 Council, or careful Attorneys to look well to their plead and executions, or for want of ability in the parties 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, 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 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 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 practice 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 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 lest 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 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 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 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 unto them, 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 Town Court where the Mayor 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 than in the City or Citizens; who for the most part are beholding to the University for much of their livelihood and subsistence (as themselves in the fifth Article do imply) whereas we have no dependence upon them, but only wares for our money 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 Privilege of the Night-walk.  

We answer.  

1. That the Right and Custom is so ancient, so strengthened 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 looseness, 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 misdemeanours of such as are disorderly.  
2. We 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 Officers may have as much power over us, as she University 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 Bloodshed. 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 favourably dealt with than 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 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 custom 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 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, 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 public, 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 intermeddling 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 Vicechancellor ever exercise any such power of pulling down, or abating, townsmen's 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 Leet 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 17th. 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 Eastbridge, 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 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 Privilege 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 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, 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 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 Freeman, 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 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 Fairs, and 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 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 sixth 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 Freemen, 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 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 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 Mayor 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 Mayor 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 Mayor 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 divers 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 Mayor 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 Mayor 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 Mayor 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. Mary'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 of 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 divers 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 divers Inhabitants in Oxon not of their Corporation, nor any ways privy or consenting to their Orders, either by themselves or any Representatives.   
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 inconvenient that it should 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 enhanse their own prices in the making, and the Mercer's gains in the selling of such dear, but unnecessary, trim 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 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 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 than 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 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 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) rend 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 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. 6ti. 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 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.  

1. We answer, 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 unto 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 than 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 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 Hear 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 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 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 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 trial at Law for all such things as are merely 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 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 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 Civil Magistrate, not founded upon Superstition or Tyranny, nor inconsistent with the just freedom and immunities of the Citizens. Wherein we desire 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 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; Showing, That the City is not concerned to oppose the Confirmation of their CHARTERS by PARLIAMENT.  
Presented to the Honourable House of Commons on Friday jan. 24. 1689/ 90.  
Oxford, Printed at the THEATER, 1690.   

THE CASE OF THE UNIVERSITY of OXFORD; Showing, that the City is not concerned 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 experienced in the last. For when once the Grants of Kings to the University in general, and to every College in particular, shall be affirmed by Law, it is evident, that there will be no pretence nor colour left for any Arbitrary Power to violate our Privileges for the future. As the University designed nothing more by this Bill, but this Security to themselves; so were they careful to remove from the City all grounds of Jealousy on this occasion: And therefore they of their own accord charged 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 offered to the Parliament, as then called, in 1649, and rejected even by that Assembly. It is conceived, 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 concerned to oppose the Bill, but may, without danger to them, be referred 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 confirmed 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 University, and all Magistrates and others within or without the University (except the Chancellor, and his Vicechancellor) are prohibited to intermeddle with the Licensing of Vintners, in Oxford; and none are to Licence any Alehouses there, but by the Express consent of the Chancellor, or Vicechancellor; and by colour of this Grant they do Licence Ale-house-keepers, and take Recognizances; but did never Return any of them to the Quarter Sessions until about ten years' last passed, 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 Majesty's justices of the Peace, to Licence Inns and Alehouses 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 Privileges in that Grant, will not reduce them to as low a date, as the Charter itself. And therefore since this Power was originally vested in us at least under E. 3, We still justify our claim to it as given by him; and always saved 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 Licence 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 lodged 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 independent Corporations, which had once an indisputable right of granting Licenses, are restrained by this Law; it is easy even for the City to infer, 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 Alehouses is a Right of as ancient a date as the former; but not always perhaps in so express words saved 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 esteemed and allowed; nor is it, as we conceive, lessened by 5. and 6. Ed. 6. For the intent and design of that Act is to permit none to keep an Alehouse, but those that are Licenced by two Justices; but not to authorise all to keep one, who can obtain that Licence. The Vicechancellor 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 expressly saved; yet that this Law is no otherwise enforced and continued by 1 jac. c. 9 than that the ancient Privileges of the University should not be lessened by it.  
II. By the said Charter it is Granted, that the Chancellor, Vicechancellor, 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 Mayor 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, confirmed 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 explained by the Charter of Car. 1. This Power being totally vested in the Vicechancellor, and Proctors: those Persons who have set up a Watch, upon pretence of their Office, with a designed Affront to the University, have formerly been a merced by the Vice-Chan. and that Sentence against them was, upon an Habeas Corpus brought, in Painter's Case, affirmed 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 expressly required. 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 cleared, 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 placing 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 public 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 University; that it shall be a full and complete 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 Complete for North-gate Hundred, and four other for the Four Wards within the City, and therein have all the Power of Leets; Except, 1 saint. 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 University; And, 6 th'. the Survey of the Highways, 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 University 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 University 29. Ed. 3 d. And this Leet is to be served by a mixed jury, one half Privileged Men, and the other half Free; and the Penalties imposed by the said University 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. IU. 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 entitled 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 University of two Coroners. Whereas, time out of mind, the City hath had two Coroners, who have sat upon all Persons, as well Privileged 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 University 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 tried 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 Privilege, 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 Townsmen 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 Vicechancellor, which are Restraints inconsistent with the Liberty of a Freeman 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 harbour 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 University 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 expense 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 University 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 seized to his use. The University were not first entitled 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 Expenses 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 University doth pretend to have a Power to discommon Citizens at their pleasure, and to inhibit all privileged 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 owned, that the Citizens do wholly subsist by their trade with the University; and that the ruin 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 inclined 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 proved) an ancient Right of the University, and exercised long before that Charter upon urgent occasions; but withal so rarely practised, that those who now complain of it, will hardly be able to remember one single instance of it. Nor ought the Townsmen 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 University, 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, owned and settled in Parliament, 18. Ed. 1. and ever since allowed, upon solemn Hear, under Queen Elizabeth and King james. This is such a reasonable Privilege, that all Foreign Universities enjoy it. Nor is there any ground left for the City's Complaint, since it is always provided, that those Privileged persons, who exercise Merchandise in the City, and share in the Profit, should be equally chargeable with the City for such Merchandise.  
XI. The University, by means of a Composition made shortly after the Conflict 29o Edw. 3. and confirmed by the said Charter, do require the Mayor 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 Badge of Popery to be required in a Protestant University.  
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 Ruin; 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 favour of the University, was changed into a small yearly Acknowledgement. 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 Privileged 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 Privilege, or paying their Fees, which doth often fall out to be a very great Oppression to the Officers and Ministers of justice; for if upon demand of the Vicechancellor they do not discharge such Privileged Persons, the Vicechancellor, by colour of this Clause, doth imprison the Bailiff; as on the 20 th'. of October last he did on Edward adam's, a sworn Bailiff, for not discharging Henry Wild-goose, 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 Privileged Man in any of the Courts of Westminster, the said Vicechancellor doth cite the Plaintiff into the Court of the University for breach of their Statutes, and doth condemn him in Expenses for suing a Privilegded Person out of the University.  
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 foreign power. This University of Oxford, more particularly hath so long enjoyed this Privilege, that it is not possible to assign the date of the Original grant. For since we find the authority of our Court frequently owned and allowed 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 itself. 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 owned by the judges, even before it was, as it is now, confirmed 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 confirmed 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 alleged, is that we discharge our own members; and arrest those, who deny our Authority and violate our right. The Citizens were certainly ill informed, when for a signal instance of our Exorbitances, they charge us only with the due exercise of that power; which, upon solemn hear hath twice at least, been acknowledged at Westminster.  
XIII. By the said Charter it is Granted, that Privileged Men shall have as much Liberty to Trade as the Freemen of the said City, and by colour of this Grant, the said University do take upon them to set up Trades, and to Licence certain Persons whom they call Privileged 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 Privileges of the said City, and to certain Compositions and Agreements made between the said University and City.  
Answ. XIII. Privileged 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 saved by it. This right is allowed in Parliament 18 Ed. 1. declared by express words 14 Hen. 8. ratified by Statute under Qu. Elizabeth, and only more largely explained by Car. 1. Limits have since been put to this Privilege; which the University have never transgressed; 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 University and City, the Menial Servants of all Scholars, and all their other Servants taking Wages without Fraud or Deceit, are to enjoy the Privilege of the University; the said University, upon pretence of latter Grants, have fraudulently, and with an intent to weaken the Government of the said City, granted colourable Privileges to divers Members of the City; and upon pretence that they were become the under Groom, Gardiner, or Officer of some College, have matriculated them, and whilst they have continued Members of the City, have administered unto them an Oath to the effect following, viz. You shall swear, that you shall not attempt any Cause of yours before the Mayor or Bailiffs of Oxford, neither shall you answer before any of them as your Judge, so long as you shall continue a Privileged Person. So God, etc. 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 passed, matriculated one William Turton, upon pretence that the said William Turton was Gardiner of Exeter College: 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 Wild-goose 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 Wild-goose 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 Wild-goose 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 University, by which means other Citizens are encouraged to withdraw themselves from their Majesty's Service in the said City.  
Answ. XIV. We have hitherto made good our Claim to these Rights and Privileges; it remains that we clear ourselves from the Charge of abusing them: We have given no colourable Privileges to any Member of the City; but neither have nor could deny their just Rights to those that demand them. Wild-goose, as a Limner, was entitled to his Privilege; the Right to it was vested in him by his Trade; Matriculation is only declaratory of that Right. Whoever will plead his Privilege, 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 Privilege; but his former Title was not destroyed by the new one that is superinduced. The City surmise that he entered 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 blamed for allowing him that Privilege, which, according to their own Charters, and their Agreements with the Town, they could not lawfully deny him. Wild-goose 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 Privilege, 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 Gardener to Exeter College. Turton is a Vintner Privileged by the University; and is entered as such; that he exercises a Trade still is the consequent of his Licence, that he bears no Office, is the result of his Privilege; and these are such rights, as the University can justly give, and he, as a Privileged Man, aught to enjoy. The Oath of Freemen is founded on their obligation to the City; and the force of it ceases, when their dependence determines: The University is above those mean designs, which this Pamphlet charges on them; They force no Man to be Privileged, nor accept the price of their Privilege; and, if the Citizens are so pleased, it would be an easy composition, that no Freeman should ever enjoy it.  
2dly. We have no reason to think, That Wild-goose was guilty of a Fraud; because we have as yet received 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 University. 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 passed between Mr. Recorder and Wild-goose, 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 entered a Clerk in the Common-Pleas; shall the future discovery of his Fraudulent intentions cast any reflection on the honesty of the Prothonotary, or the integrity of the judges? The Matriculation then of this Person cannot possibly be any crime in the University; and therefore the whole offence must be resolved 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 proved to us we are ready to alter the roll; and by consequence to deprive him of his Privilege. 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 Privilege was so far from being granted, pendente lite; that even, before any cause of action, it was obtained; 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 offered to us, the Evidence of the Parties concerned. Till therefore Wildgoose's offence be proved to the Vicechancellor, 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 Privileges 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 bar to his Privilege. Till the return be amended he is actually a member of your house; and consequently hath yet a right to those Privileges 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 divest him of the Privilege, 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 proved, that those controverted Rights were not originally grounded on a late Charter, but on ancient Customs, and Grants, most of them being expressly, and all heretofore implicitly confirmed by Parliament. And now it is time to inquire 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 Forefathers. They are such Privileges, 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 favour to Learning, as in respect to Justice.  
Thus have we fully recited and answered all the Articles of the City; and now we think it less nauseous to answer, than to repeat their Rhetoric; which hath no other Character of Truth, than that of Plainess and Simplicity: We cannot own, that Card. Woolsey and Archbishop Laud procured Charters absolutely new for us; but in this we are obliged to them, that they took care to have our Ancient Charters explained: For, since we are to deal with unquiet Men, an Explanation of a former Grant, is an equal favour to a new one. If the University had Privileges, and declined 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 purposed, 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 concerned to accuse the Citizens, but since some of them have been ready in surrendering 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 Privileges have been anciently ours, transmitted to us from our Predecessors, affirmed 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 Honourable House be preserved to us, both against the Encroachment of an Arbitrary Power, and of an Unreasonable City.  
FINIS.