Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	ecclesiastical_a	judge_n	1,876	5	7.5811	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49528	A defence of the rights and priviledges of the University of Oxford containing, 1. An answer to the petition of the city of Oxford. 1649. : 2. The case of the University of Oxford, presented to the Honourable House of Commons, Jan. 24. 1689/90.	University of Oxford.; Harrington, James, 1664-1693. Case of the University of Oxford.; Langbaine, Gerard, 1609-1658. Answer to the petition of the city of Oxford.	1690 (1690)	Wing L366; ESTC R9958	36,771	63

2. That the number of poor People both now and heretofore abounding in the City is very much occasioned by the Petitioners illegal erecting of multitudes of Cottages upon the Town wall and Ditch which they rent out to such poor people and thereby much enhance their own Revenues to the prejudice and impoverishing of the University by whose Free and charitable contributions those poor are exceedingly relieved and maintained 3. That if all the Charitable donations given to maintain the Poor of Oxford by several Members of the Vniversity were rightly imployed by the Petitioners to that end for which they were given they could not want a convenient stock wherewithall to set them on work as we conceive 4. That the improvement desired by the inclosure of Portmead would not be only to the prejudice of the right of several Colleges and their Tenants in respect of their said right of Common therein but to the general impoverishment of the poor inhabitants of the City who claim and use a like right of Common in the said ground which hath been and is a great support to them and therefore when the like design of enclosure hath heretofore been attempted by the richer Citizens it has been mainly opposed and hindred by the poor inhabitants of Oxon and so we conceive they do oppose it at present And it is to be considered that the piece of ground which they desire to enclose containes by estimation eight hundred Acres of rich Meadow 5. If the City have the inheritance of Port-meadow and that it shall be thought fit to give way to such an inclosure as is desired for the ends by them proposed the University will not oppose so as their interest in the disposing and the right of the Colleges and their respective Tenants be preserved or a valuable consideration given them in recompence of their said Common in the said Meadow To the first Article of the Cities pretended Grievances 1. WE answer and say That the University hath time out of mind and are warranted so to do by divers Charters confirmed by Act of Parliament exercised Power and Iurisdiction in all causes mentioned in this Article whereof or wherein a Priviledged person is one party 2. We do claim Allowance of our Priviledge for such Persons justly priviledged as the Chancellor shall under the Common seal certifie to any Court to be so priviledged and we have had it without the formalitie or charge of long Pleading paying only a fee for the allowance of the Certificat 3. We have ever proceeded according to the course of the Civil Lawes and after witnesses have been openly produced in Court and sworne their examinations are taken in writing by the Judge and Register and then published that all parties may have Copies of them according to the course of the Civil Law the High Court of Chancery and the Admiralty 4. We do not Proceed in an Ecclesiastical way but in causes Ecclesiastical 5. Sometimes heretofore we have used the censure of Excommunication against our own Members at the instance and for the benefit of the Citizens but not so these fifteen or sixteen years and that course being now in effect abolished by Act of Parliament it cannot be matter of present or future Grievance to the Petitioners 6. We do use Summons or Citations at first before we grant out an Arrest against persons of quality and such as are likely to abide and continue within the jurisdiction But against Strangers that have no abiding there and against such as are like to fly we do grant Arrests without any previous Citation 7. That our Sentences are as the Petitioners untruly suggest meerly arbitrary and grounded upon no Law but at the will of the Iudge we deny for in his Sentences the Judge followes the Justice and Equity of the Civil Law and Common Law and the Statutes of the Land against which he cannot nor does not judge 8. If the Judge be thought to have judged erroniously or unjustly Writs of Error are not brought to our Court because the manner of proceedings there are not as at the Common Law but the party grieved may either appeal or complaine of a nullity and have redress And if it be appealed in the University there are there appointed yearly four or five Doctors and some Masters from the Congregation and Convocation to hear the complaint and from their judgments there lies an Appeal to the Supream Power in Chancery where the Judges of the Land and other learned Lawyers both Common and Civil have usually been nominated Judges Delegates as in the Admiralty and Prerogative Court To the Third The University does claim the Night-walke and by Custome confirmed by Act of Parliament hath exercised the same time beyond the memory of man and that if any man be found by the Proctors abroad in the night without a reasonable cause by the same Custome he is liable to pay forty shillings for his Noctivagation and this extends as well to Townsmen as Scholars or Strangers But for barely being abroad about a mans own private or any other publique occasions such as are specified in this Article we absolutely deny 2. We further affirme that if any man be taken in the Night he may put in Bayl and shew a reasonable cause of such his being abroad the next day or as soon as he can and upon his so doing he is to be dismissed without any payment 3. If any Proctor have at any time transgressed the just bounds of their power the University does not avow them in it the party grieved may take his course against him To the Fourth The University time out of minde hath used the sole power of admitting or Licensing Common Brewers To the Fifth The University never did challenge or exercise any such power as is mentioned in this Article To the Sixth The University doth not take upon them to Discommon any man at pleasure but only upon very great cause and wrong to the University after monition and due proceedings and that by common consent in Convocation To the Seventh The University by several Charters confirmed by Act of Parliament does require an Oath of the Maior and sixty two Citizens to maintain their lawful Priviledges and so it is expressed in the Oath To the Eighth The University doth challenge by Agreement and Indenture under the common Seal of the Town-Corporation the Offering of sixty three pence yearly by the Maior and sixty two Burgesses But without any relation to the High-Altar or Mass or the Souls of so many persons slain To the Ninth The University by Custome confirmed by Act of Parliament does claime a power to make By-Lawes for the good government of the University and the Peace of the Place in such things as belong solely to the jurisdiction of the University whereby the Townsmen as well as others are obliged in order to the peace and good government of the University But in things that belong to the government of the City we meddle

and 62 Citizens with him yearly upon Scholasticus Day which is the 10 th day of February to make an Oblation there upon the high Altar of 63 Pence for the Souls of 63 Scholars slain in the time of King Edward 3. This being in the Original gross Superstition is too great a Badg of Popery to be required in a Protestant Vniversity Answ. XI The barbarous Murder of sixty three innocent Scholars which they here own and term a Conflict and the Plunder of the whole University drew a great and just Amercement on the Criminals The City pretended they were not able to pay this Fine without their utter Ruine and did humbly pray and at last obtained from the University a Mitigation of it An annual payment of an hundred Marks was then accepted and this by the further favor of the University was changed into a small yearly Acknowledgment This Ceremony according to the Custom of that Age was not wholly free from Superstition and was therefore by consent of both parties under Queen Elizaheth changed into a Sermon a Communion and Offering The Custom did not take its rise from any gross Superstition unless it be so to make satisfaction for Murder and Robbery and if the continuance of it still displeases them they may put an end to it themselves by discharging their Bonds XII By the said Charter it is granted that Scholars or Priviledg'd Persons shall not be impleaded in the Courts of Westminster for such things as the Chancellor hath cognizance of and that they shall be dismissed from thence without pleading their Priviledg or paying their Fees which doth often fall out to be a very great Oppression to the Officers and Ministers of Iustice for if upon demand of the Vice-Chancellor they do not discharge such Priviledg'd Persons the Vice-Chancellor by colour of this Clause doth imprison the Bayliff as on the 20 th of October last he did on Edward Adams a sworn Bayliff for not discharging Henry Wildgoose who was arrested at the Suit of the City by a Writ issuing out of the Court of Common-Pleas and by colour of the said Clause if any Person sue a Priviledg'd Man in any of the Courts of Westminster the said Vice-Chancellor doth cite the Plaintiff into the Court of the Vniversity for breach of their Statutes and doth condemn him in Expences for suing a Privilegd'd Person out of the Vniversity Answ. XII It seems absolutely necessary as well for the quiet and security of the Scholars as for the better maintaining of discipline among them that their own Governors only should have an immediate jurisdiction over them And therefore there is not any University abroad where the members of it have not a right to be impleaded in their own Forum only and to be exempted from any forraign power This University of Oxford more particularly hath so long enjoy'd this Priviledge that it is not possible to assign the date of the Original grant For since we find the autority of our Court frequently own'd and allow'd under Hen. 3 d. Ed. 2 d. and Ed. 3 d. We have reason to think that this power is as ancient as the University it self Our right to it then is so well founded on reason and immemorial Custom that it is no wonder if we find it anciently in the year books not only acknowledged by the Town but always willingly own'd by the Iudges even before it was as it is now confirm'd by Act of Parliament The Lord Coke especially who is not usually a Friend to any other Courts but those at Westminster doth yet according to the example of his Predecessors make an Honourable mention of this Court and gives that Statute the name of Actus Benedictus that confirm'd it The Procedures of it have always been within the bounds of their ancient Jurisdiction and of this we need have no clearer evidence than that the only Act of injustice here alleg'd is that we discharge our own members and arrest those who deny our Autority and violate our right The Citizens were certainly ill inform'd when for a signal instance of our Exorbitances they charge us only with the due exercise of that power which upon solemn hearings hath twice at least been acknowledg'd at Westminster XIII By the said Charter it is Granted that Priviledged Men shall have as much Liberty to Trade as the Freemen of the said City and by color of this Grant the said Vniversity do take upon them to set up Trades and to License certain Persons whom they call Priviledg'd Persons openly to use Trades and to sell Merchandizes within the said City and Suburbs by Retail which is contrary to the ancient Charters Customs and Priviledges of the said City and to certain Compositions and Agreements made between the said Vniversity and City Answ. XIII Priviledg'd Persons have so ancient a right to the Exercise of any Trade that their prescription to it commences before the oldest Charter to the City and is sav'd by it This right is allow'd in Parliament 18 Ed. 1. declar'd by express words 14 Hen. 8. ratify'd by Statute under Qu. Elizabeth and only more largely explain'd by Car. 1. Limits have since been put to this Priviledge which the University have never transgress'd nor have ever as the Town uses to do Pleaded their Ancient Rights in bar of the subsequent restrictions of it XIV Whereas by certain Compositions heretofore made between the said Vniversity and City the Menial Servants of all Scholars and all their other Servants taking Wages without Fraud or Deceit are to enjoy the Priviledge of the Vniversity the said Vniversity upon pretence of latter Grants have fraudulently and with an intent to weaken the Government of the said City granted colourable Priviledges to divers Members of the City and upon pretence that they were become the under Groom Gardiner or Officer of some Colledge have matriculated them and whilst they have continued Members of the City have administred unto them an Oath to the effect following viz. You shall swear that you shall not attempt any Cause of yours before the Maior or Bayliffs of Oxford neither shall you answer before any of them as your Judg so long as you shall continue a Priviledg'd Person So God c. which in terms is repugnant to the Oath which every Freeman of the City doth take at the time of his admission into the Liberties of the said City and particularly they have within the space of three Months last past matriculated one William Turton upon pretence that the said William Turton was Gardiner of Exeter Colledge Whereas the said William Turton was and yet is a Freeman of the said City and doth continue to use the Trade of a Vintner and obtained the Title of the said Office only to avoid the bearing such Offices in the said City as his Condition and Substance had made him capable of Also one Henry Wildgoose a Freeman and one of the Common-Council of the said City being apprehensive that he