live like Freemen under the known Laws of this Land are thereby at this present emboldned to make known unto you the most intolerable sufferings and oppressions which they for a long time past and yet by an Arbitrary and unlimited power exercised over them by the University of Oxon have under-gone and at this time suffer as by particulars hereunto annexed may appear And for redress whereof your distressed Petitioners humbly implore your gracious assistance And whereas your Petitioners at this present partly through decay of trading and partly through the long and daily payments taxes and quartering of Soldiers are very much impoverished and their City abounding with such multitudes of poor people that they are not able to relieve them without provision of a convenient stock wherewithall to set them on work for the raising whereof there is a certain large piece of ground called Portmead lying near the said City wherein your Petitioners have the Inheritance and the village of Wolvercot only Common of pasture therein by reason of vicinage which being enclosed and leassed out for certain years would raise a convenient stock for the relief and setting on work of the said poor The which your Petitioners are very desirous and have much endeavoured to effect but have been and still are hindred in these their pious and good intentions by the Inhabitants of Wolvercot aforesaid Albeit your Petitioners have been and are willing to allow them a proportionable quantity of ground to be allotted them out of the said ground in lieu of their said Common Your Petitioners likewise humbly pray that they be enabled by Authority of this present Parliament to enclose and demise for some competent number of years the said ground called Portmead for the use aforesaid leaving a proportionable quantitie of ground or otherwise allowing some sufficient recompence unto the said inhabitants of Wolvercot in lieu thereof All which we refer to the wisdom and judgment of this Honourable House humbly desiring your serious and speedy considerations and resolutions herein and to make such order for your Petitioners relief touching the premises as you in your grave wisdoms shall think meet and expedient And we shall ever pray c. A Schedule of the Cities Grievances claimed at several times put in execution against them by the Vniversity 1. THE University claimeth power to determine all controversies whatsoever between any persons whatsoever if one of the parties be a priviledged person except in cases of maim felony and freehold and they claim allowance of their priviledges in all other Courts without pleading of them and without fee and to try matters of fact without Jury or without open examination of the witnesses in the case but only in private before a Register and proceed in an Ecclesiastical way by citation excommunication and the like contrary to the course of the Common Laws and their sentences are not grounded upon any certain Law either Civil Canon Statute or Common Law but secundum oequum bonum and meerly Arbitrary at the Will of the Chancellor or his Vice-Chancellor against whose sentence how unreasonable soever nor Writ of Error will be by them allowed or other redress admitted but only by appeal before themselves in their Convocation or Congregation in which particular the Citizens find themselves much grieved being by those proceedings not only delayed but oftentimes defeated of their just debts without any redress at all 2. Without any lawful power they take upon them to make Proclamations thereby imposing not only pecuniary mulcts but also imprisonment upon such persons as shall not obey their matters contained in such Proclamations and this not only upon Citizens but likewise upon all others dwelling within five miles of Oxon. 3. They claim and exercise a power over the Citizens to impose 40 s. upon any Citizen being found out of his house after 9 of the clock albeit it be in the summer time and albeit they be Constable in their search for Fellons upon pursuit of hue and cry or Aldermen of the City or Justices of the Peace in conveying of Malefactors to the Goal or the like and for default of present payment of the 40 s. to send them to prison there to continue until satisfaction made to the Proctors 4. They claim the sole power of Licensing of Ale-houses Brewers and Maulsters and usually take for the making of Licences for Brewers to Brew and for Maulsters to make Mault 17 s. 8 d. and take Recognizances of the Ale-house-keepers but never return any of them to the Quarter Sessions 5. They have challenged to have power and de facto have exercised a power to pull down the Citizens houses of Habitation and some of the Butchers Shambles within the City 6. They take upon them power to dis-common Citizens at their pleasure and to inhibite all priviledged persons to have any commerce or trading with them which power they have also exercised upon divers Citizens 7. They exact from the Maior and sixty two Citizens an Oath for the maintenance of the University Priviledges whereas many of their pretended Priviledges are meere Usurpations and Inchroachments upon the Liberties of the City which the Citizens by their Oaths are bound to preserve 8. They claim and exercise a power to enforce the Maior and sixty two Burgesses of the City to come yearly to St. Maries Church on the tenth of February called by them Scholastims day to make an Oblation at the high Altar of sixty three pence for the slaughter of sixty three Scholars tempore Ed. 3. to procure a Mass for the souls of the sixty three slaughtered persons for the non-performance whereof they give forth That they will put a bond in suit which the City in those days entered into the University 9. They claim a power to make By-laws thereby to bind the Inhabitants of the City which are meer strangers and were never called to the making of them 10. They take upon them power to make new Officers as Tole takers of Corn and the like and they constitute Coroners which Office of Right belongeth to the City by their ancient Charters and Usage time out of mind 11. They claim Felons Goods and Deodands by their new Charter albeit the City time out of memory hath enjoyed and hath right unto them by their ancient Charters as they conceive and albeit the City be at the charge of keeping of Felons and of the delivery of them 12. The Market the Soyl and the Streets belong to the Citizens together with Toll Stallage and Picage yet the University claimeth all these and divers times by Proclamation alter the Market days whereas the University have only the Clarkship of the Market and the perquisites and profits thereof belong to the City toward the feefarm Rent 13. They set up divers Taverns in Oxon and will not permit the City to set up any contrary to the true intent of the Statute of 7. Ed. 6. 14. They claim power to set up trades within the
City and to authorize Forraigners to exercise any trade there as Fully as a Freeman of the City and that albeit such Forraigner never served as an Apprentice 15. In case the City punisheth any irregular Freeman for misdemeanor or make any By-law for regulating of such misdemeanor they presently become servant to some Master of Arts or else to be an under Gardner to some Colledge or Hall and thereby exercise their Trades in contempt of the City and their By-laws and refuse to pay any payments with the City except such as shall be warrantable under the Seal of the University April 30. 1649. A Particular of the Grievances of the City of Oxon against the University of Oxon together with the reasons thereof exhibited unto the Honourable Committee for the regulating the said University according to the directions of an Order of the said Committee of the 26. of this instant April 1649. 1. Grievance THat Scholars and Priviledged persons draw Townsmen in suit to the Vice-chancellors Court for any matters whatsoever except Mayhem Felony and Freehold as well in cases where they are Plaintiffs as where they are Defendants in which particulars the Citizens conceive they have just cause of complaint for diverse reasons First for that by the ancient Charter of Hen. 1. Hen. 2. Edw. 3. and divers other subsequent Charters confirmed by act of Parliament and allowed by Justices in Eyre and in the Courts at Westminster they ought not to be impleaded out of their own Court but to have their tryal in their own Court according to the Customes and usages of London for that they are by their Charters to enjoy the same liberties and customs and the Perquisites and Profits of their Court are parcel of their Fee-farme which would be left or at leastwise lessened in case that their suits and tryals should be in the Chancellors Court as well where a priviledged person is Plaintiffe as Defendant there being at this present near about a third part of the Housholders within the City priviledged by the University as is conceived Secondly for that the proceedings in the University Court are by citation Viis modis Libell Excommunication and the like and the sentences of the Chancellor or his Vice-chancellor or Commissary not confined or tyed to any certain Law either Civil Canon or Common Law But either according to any of these or according to the Customes and Statutes of the University heretofore used or hereafter to be ordeined or according to his and their best discretion notwithstanding any Statute whatsoever either made or to be made against whose sentence be the same just or unjust there is no remedy either by removing the cause to any of the Courts of Westminster either of Law or equity or otherwise than before themselves Thirdly for that diverse Citizens have commenced several suits in that Court both for just debts due unto them by bond as also for insufferable injuries committed against them by priviledged men after long and tedious suits of 3 or 4 years standing and much expence have been destitute of any redress there at all Fourthly for that as the Citizens conceive that Court and the order and manner of their proceedings consisteth not with the present Constitution of the Commonwealth or the Liberty of the People this particular not only concerning the Citizens of Oxon but all others who shall have any commerce or dealing with a Scholar or a Priviledged Person 2. Griev The University claimeth a power to imprison and to impose a mulct of 40 s. upon any Citizen being out of his house after nine a clock at night without such reasonable cause as the Proctors or Vice-chancellor shall allow of the Proctor having the benefit of the mulct and this hath been exercised not only upon private Citizens but upon the publique Magistrates and Officers of the City as Bailiffes Constables and the like being in the execution of their offices to preserve the peace to pursue Hue and Cries to keep watch and ward Convey offenders to prison by vertue of the Justice of peace warrants to prevent escapes from the Goal whereof the Bailiffes have the charge and the like which the Citizens conceive to be a great Grievance contrary to the great Charter and other Laws to their Native and just liberties the rather for that the five Aldermen and eight Assistants of the City besides what the Law of the Land require are by their Ancient Charters and by their Oathes bound to search for and apprehend Malefactors within the City as well by night as by day Nevertheless the said Citizens can desire no less but that if the Maior or any Officer of the City find any priviledged person disorderly and irregular they may have power and liberty to secure them until they may be sent to the Vice-chancellor or Proctor and they to deal in like manner with the Citizens But that the University should impose such a mulct and inflict imprisonment for Non-payment upon a Citizen that is abroad after such a time about his lawful occasions and to make the Proctor judge in his own cause whether it was a lawful occasion or not he being to have the 40 s. And for a civil man to goe to the Vice-chancellor for leave to be out of his house after nine of the clock or not to stirr abroad before 4 of the clock in the morning is conceived by us to be a greater tyranny than is fit for any freeman to beare 3. Griev That the University have heretofore restrained all Bakers and Brewers within the precincts of the City and Suburbs thereof to bake or brew within the City except they first take Licence from the University for which they challenge 17 s. 8 d and also enforceth them to take an Oath to observe such assize as the Vice-chancellor from time to time shall appoint the which the Citizens conceive to be a Grievance and a burthen both in respect of the mony extorted from them there being no such summ of mony due by the Laws of this Land for such licence as also for that they conceive it most proper and peculiar for the City to set up and order Trades within the City where they served as Apprentice and for other reasons hereafter mentioned in the Grievance concerning Trades being contrary to the Liberty of the People and a priviledge no waies suitable or proper as the Citizens conceive for Scholars to pretend unto 4. Griev The Vice-chancellor heretofore hath by power pulled down some Citizens houses of habitation for which there as yet hath no satisfaction been made either to the Tenant or Tenants in possession or to the Citizens who had the inheritance thereof As namely in particular the house of one Tredwell then worth 10 l. per annum and the house of one Master Chambers worth 6 l. per annum for which it is conceived the University ought to make satisfaction both to the Tenants and the City 5. Gr. The Citizens conceive it to
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
upon Bond and though his debt and Bond were well proved or ready to be proved by sufficient witnesses and no defect in his Councel or Atturney nor any disability in the Defendants yet could he not get his mony in that Court after a long and tedious suit neer two years and much expence Yet is not the Court to be blamed but the dilatorie cunning of the Defendants and we cannot think it reasonable to charge the faylings of men or other intervening casualties upon the Law or the Court either theirs or ours the due proceedings of which later are in themselves as compendious as of any other ordinary Court whatsoever To the Fourth and last Reason We answer 1. That such Courts as ours have been found by long experience to consist very well with the most flourishing Commonwealths that ever were or are in the world and with the liberty of those people who had or have no other order or manner of proceedings in their Courts then such as is objected to ours 2. That as we humbly conceive the wisdom of this State in former ages thought it fit that our Ancestors should use the practise of the Civil Laws in our Court the better to train up young Students in the knowledge of them that they might thereby be made more serviceable to the Commonwealth in affairs at home and abroad 3. That our University Court is of such antiquity that the Common Law-Books and some very ancient take frequent notice of it the proceedings thereof being always allowed by the common-Common-Law And the Lord Chief Justice Cook in his Book Of the Iurisdiction of Courts in England lately published by authority of the Honourable House of Commons makes honourable mention of the Courts in both the Universities 4. That if the Citizens be Plaintiffes as most commonly they are besides the expedition which they may find there they may have the benefit of the Defendants Oath to ease them in their proof They may have good sureties put into Court not only to bring in the Defendants but also to pay the Iudgment and Costs of Suit they may arrest not only the Body of any Priviledged person but also his goods debts and things in Action 5. That though this particular if it were a grievance does not only concern the Citizens of Oxon but all others who shall have any commerce or dealing with Scholars or Priviledged persons yet have no others complained of our Court and the Petitioners of all others have least cause 6. That we do not challenge or exercise any other jurisdiction over the Petitioners or others in the University Court than the Citizens of Oxon themselves and all or most other Cities and Boroughs in England do claim and daily practice without contradiction over all other free-born people of the Land to wit to Arrest and compel them to answer in their respective Courts if they can be there legally attached to Answer 7. That we do not claim or exercise any greater or other Priviledge in this particular than as we conceive is granted to and used by other Universities in Europe as well as ours to wit to sue and be sued before their own Judge a Priviledge indulged to them and us in favor of Learning that Scholars may not be called abroad to answer Suits to the great neglect of their studies and expence of their time and mony 8. That in mixt Suits where one party is of the Priviledge of the University and the other of the City since it cannot be otherwise but such Causes must be heard and determined either in our Court or the Town Court or both must be subject to a forreign jurisdiction which would be equally repugnant to the Priviledges of both Bodies no way advantagious unto them and extreamly inconvenient for us we cannot but conceive it more consonant to justice and withal more convenient that the Priviledge of the Vniversity should herein take place of theirs 1. Because this Priviledge has been anciently granted to us and we have been many hundred years in possession of it and it is also confirmed unto us by Act of Parliament 2. Because the Judges in the University Court having no interest in the particular Suits brought before them cannot be thought other then indifferent Whereas if Scholars should be Sued in the Town Court where the Maior and Bayliffs Judges and Jury are all Tradesmen it is very much to be feared it would go hard with the poor Scholars 3. Because as we humbly conceive the University is still as it has alwaies been reputed the more noble Corporation more Serviceable in the publick and in which the whole Nation has a greater interest than in the City or Citizens who for the most part are beholding to the University for much of their livelyhood and subsistence as themselves in the fifth Article do imply whereas we have no dependence upon them but only wares for our mony at dear rates 4. Lastly Because as we likewise conceive if the Petitioners should prove so unfortunately successful in their desires to obtain the liberty of Suing Scholars in their Town-Court it would prove in the end very prejudical to themselves for besides that it would minister occasions of discontent and continual quarrels betwixt the Bodies it would deter Scholars from having any dealing or commerce with their new Judges the Citizens II. To the Reasons of their second Grievance made up with divers specious instances to cast aspersions upon the Universities Right and Priviledge of the Night-walk We answer 1. That the Right and Custome is so ancient so strengthned by confirmation of Parliament and the benefit thereof so great to all inhabitants by the careful practice and exercise of it and the continuance of it so absolutely necessary for the good government of the University especially for securing younger Scholars against the many temptations to lewdness and loosness which they ordinarily are exposed to by means of such Townsmen as make their own advantage out of the others luxury and deboystness that no man of any civil conversation Stranger Sojourner Citizen or other hath ever expressed the least reluctancy against it As for such disorderly walkers who are of a contrary disposition it is used only to reduce them to civility and the Proctors exercise the like power over them which the Constables and Magistrates in other places are allowed by the Laws of the Land to preserve the quiet of the place and to punish the misdemeanors of such as are disorderly 2. We do not know that any Proctors ever exercised such power over the Publick Magistrates of the City in the due execution of their offices as is charged in this Article Or if any did the parties grieved might have their remedy against them the University does not claim any such power 3. We answer and deny that the City have any such ancient Charters concerning five Aldermen and eight assistants of the City as is pretended in this Article 4. We likewise deny that in the
not To the Eleventh The University claims Felons Goods and Deodands by an ancient Charter confirmed by Act of Parliament and we deny that the City has any right to them at all To the Thirteenth The University does license Taverns in Oxford according to the true intent of the Statute 7 o Edw. 6 â—i and the persons so licensed are and may be Townsmen as well as Priviledged Persons And the City hath no right to set up any To the Fourteenth The University by ancient Custome and several Charters confirmed by Act of Parliament and special Compositions with the City doth Claim that Priviledg'd persons may exercise Trades according to the Law as far forth as any Townsmen But against the Law as not having served as an Apprentice in such Trades where the Law requires it we neither challenge nor exercise any more power then the Citizens themselves To the Second Tenth Twelfth and Fifteenth and part of the Fourth we have forborn to answer in regard the Petitioners have omitted them in their last paper of Grievances of the 10 th of April and by their Councel in the Audience of this Committee upon the 21. of Iune did openly declare they would not insist upon them To the Paper of Reasons exhibited by the Petitioners April 30. 1649. 1. To the Reasons of their first Grievance 1. TO the first Reason of their first Grievance We answer and deny it to be true that they have any such Charter allowed in Eyre or any such Custome as is pretended viz. Not to be sued out of their own Court Nor ought to have for the reasons following 1. For that the University Court and the jurisdiction thereof is of a higher antiquity then any Charter of the Citizens legally confirmed concerning their Court. 2. For that in the most and principal Charters of the City as also in such Acts of Parliament as tend to the confirmation of them there is an express saving of all the Rights and Priviledges of the University 3. For that it appears by common Practice that the Citizens mutually sue one another in the Courts at Westminster and elsewhere both by original Suits commenced in those Courts and by removing their Suits out of their own Courts by Writs of Habeas Corpus Certiorari and Writs of Error 4. For that they are ordinarily sued by Strangers both in the Courts at Westminster and other Courts and we cannot find that ever they pleaded any such Charter of Exemption or if they did that any such Plea was ever allowed to them Whereas the Universities Priviledge hath been frequently pleaded and in all ages allowed 2. Whereas the Petitioners claim by their Charters the same Liberties and Customs with London We answer 1. The Petitioners have not made it appear nor so much as asserted that London has any such Liberty or custome whereby They may not sue and be sued out of their own Courts 2. That supposing They have such a Liberty or Custome at present yet the Petitioners have not made it appear or so much as asserted that London had any such Liberty at or before the time of the Grant of those surmised Charters to the City of Oxford 3. That divers other Cities and Boroughs in England have by their respective Charters like Grants of the same Liberties with London and Oxon who yet are not exempted from suing and being sued out of their own Courts 4. That it will appear that the most ancient Charter which the City of Oxon can pretend to in relation to the liberties of London is utterly repugnant to it self as to the principal of those Liberties 5. That Custome is the work of time and grows without Charter and therefore can not be granted by Charter 6. That the Customs of London are of great variety to some of which notwithstanding their Charter be general for all the Citizens of Oxon do not pretend and to other some when they have laid claim by suits at common Law by petition to the Lord Maior and Aldermen of London by petition in Parliament and by pleadings in Eyre their claim has not been allowed 3. Whereas the Petitioners suggest that their Fee-Farm would be either lost or lessened in case their suits and trials should be in the Chancellors Court We answer 1. That ever since the Borough of Oxon was first rented out to that Corporation in Fee-Farm they have continually faln in their Rent but enhaunced their Revenues by Challenging and taking several particulars as belonging to their Fee-Farm which in truth are no part of it 2. That granting the perquisites of their Court from the proper Suiters to be part of their Fee-Farm yet their suing and being sued in the University Court where a Scholar or priviledged person is one party would nothing impair the just perquisites of their Court or Fee-Farm in regard it was never otherwise since they had either Court or Fee-Farm in Oxon. 4. Whereas the Petitioners conceive there are at this present near about a third part of the housholders within the City Priviledged by the University We answer 1. That we conceive a tenth part of the Housholders within the City and Suburbs are not priviledged persons And that as the benefit of their priviledge by the daily growing oppressions and vexation of the Petitioners is in a manner wholy destroyed so the number of priviledged persons is much less than ever it was heretofore within the memory of man 2. That if it were true which the Petitioners suggest it thence follows that the Petitioners by desiring as they do in their Article to restrain all Priviledged persons from exercising any Trade within the City do thereby desire to expose a third part of the Housholders within the City as being priviledged as they say to want and beggery To the second reason We answer That it proceeds wholly upon mistakes of the manner and rules of proceeding in the University Court which we conceive we have sufficiently cleared in our former Answer to their First Article of Grievances To the third Reason We answer That there is as quick expedition in our Court as in any other Courts and they may as well object That divers persons commenced several Suits in the Courts at Westminster for just debts due unto them by bond and for injuries committed against them and yet it may be for want of good proof by witness or otherwise as for want of able Councel or careful Atturnies to look well to their pleadings and executions or for want of abilitie in the parties sued after long and tedious suits and much expence have been destitute of any redress and therefore this manner of reasoning is not at all concludent being an argument drawn à non causa ut causa which if it were of any force we might easily turn the edge of it upon the Petitioners by giving instance in a Priviledged person who has a Cause now or lately depending in the Town Court wherein he sues divers Citizens for a just debt
charged yet there is another whithin the Liberties of the City and used by the County to which the University does commit most of their Prisoners and may do so by all 4. Though they by charged with their Gaol and Prisoners yet it is very little charges to them such Prisoners as have wherewithal being maintained out of their own goods and such as have not by Alms especially of the University and Colledges the Gaoler in the mean time making a good advantage of his place by Fees and otherwise 5. What charges they voluntarily put themselves to in the trials of Felons is more than they need to do for if the Felons be of the Body of the University they may be tried before our Steward at our charges if we please And if they be not of our Body they may and have been tried before the Judges of Assize and Gaol-delivery for the County 6. Why such Perquisites as are meerly matter of profit should be thought by the Citizens so improper for Scholars to enjoy we do not understand nor do we know how they do or can engage Scholars in such trouble as is surmised which the University do receive by the hands of their Bailiffs and may if they please rent them out to any other person 7. All the pretentions of the Petitioners in point of convenience do nothing respect either Deodands the goods of Fugitives Treasure Trove and other particulars which are in like manner challenged both by the University and City upon the same titles as Felons Goods are X. To the Reasons of the tenth Grievance 1. We answer and deny that the City hath any power by Charter or otherwise to set up Taverns or to Licence the selling of Wine by retail in Oxon nor doth the Statute of 7o. Edw. 6 ti cap. 5 â—o by Letter or Equity enable them so to do But the University both at the time and long before the making of that Statute had and used the Priviledge of Licensing and suppressing of Taverns in Oxon. And this our Priviledge is saved unto us by an express Proviso in that Statute by virtue whereof we do justifie the inhibiting the City to erect Taverns or Licence the sale of Wine by retail in Oxon. 2. We further say that in respect of that power which we claim and exercise over Vintners Brewers Bakers and other Victualers and in the Market and for those small perquisites we receive thence the Citizens are yearly abated and the University was anciently charged with a considerable part of their Fee-Farm-rent whereas we do not receive any considerable benefit this way proportionable to what the City hath or claims to have as belonging to their Fee-Farm other ways XI To the Reasons of the Eleventh Grievance 1. We answer that it is one of the most ancient Liberties of the University that the Priviledged persons thereof may use any Trade and exercise any Merchandize in Oxford or the Suburbs thereof as freely as any Citizen and this hath been confirmed unto us not only by Act of Parliament and Judgment in Parliament but also by Indentures of Composition between the two Bodies whereby the Priviledged persons have been ascertained that should exercise such Trade and Merchandize who in that regard are to be talliable by scot and lot and other charges with the Free-men of the City 2. We do not otherwise than according to this Priviledge assume power to set up trades within the City nor do we authorize Forreigners to exercise Trades in Oxon other than such as by the Law of the Land and Priviledge of the University are and ought to be allowed however some of them have of late years been unjustly molested by the Citizens for so doing 3. We deny that the City has any Charter so confirmed as is pretended to exclude Priviledged persons from exercising lawful Trades and selling by Retail within the City though they be not of their Guild no such Charter having hitherto been produced upon former Hearings when this point has been in debate betwixt us 4. Lastly we humbly conceive this Liberty cannot in equity and good conscience be taken from Priviledged persons who are many of them Butlers and Manciples or other Officers and Servants to the University and the Colledges and Halls therein having wives and Children to maintain which they cannot otherwise do than by Exercising lawful Trades their small wages and allowances which they receive by their respective places being scarce sufficient to maintain them in meat and cloaths and other necessaries if they were single persons and had no other charge To the Conclusion By what hath been said on either party we suppose it does sufficiently appear that some of the particulars in controversy betwixt us which the University claims as their just and ancient Priviledges and the City complain of as Grievances do concern meerly matter of profit and interest to which if our Title be good in Law we hope they will not be thought inconvenient for us to enjoy though the City desire to strip us of them And because a full hearing and exact discussion of all their and our Charters and Pretensions would occasion much trouble to this Honourable Committee we therefore humbly pray that we may be left to a tryal at Law for all such things as are meerly matter of Title and not be disturbed in our possession till we shall be evicted by Law As for other Particulars which concern matter of Power and Iurisdiction we likewise humbly desire that our Right may be cleared and acknowledged first and then the matter of Convenience taken into consideration whereby we hope it will appear that as those Priviledges are just and legal so they are no way unfit but absolutely necessary for us to enjoy as tending to the advancement of Piety Civility and Learning no way derogatory to the Power of the Civil Magistrate not founded upon Superstition or Tyranny nor inconsistent with the just freedome and immunities of the Citizens Wherein we desire it may be considered That many large immunities and Priviledges have been granted and are enjoyed by the City in respect of the University That their principal Benefactors have been members of the University That they receive an ample benefit by our continual commerce and trading with them all or most of our Revenue coming in from abroad but expended amongst them That their Children receive a liberal education and preferment amongst us beyond the proportion of other places That if it were not for the University the City of Oxford would be but of mean consideration That there are many other Cities but only one more University in the Land and those two as famous as any in the World That the Universities are the publick Nurseries of Religion Piety Learning and Civility and therefore have ever been the great Care of Parliaments and the Glory of the Nation That though some of the Powers claimed and exercised by the University over the Citizens may seem Grievous to the Citizens yet