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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

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A DEFENCE OF THE RIGHTS and PRIVILEDGES OF THE University of Oxford CONTAINING 1. An Answer to the Petition of the City of Oxford 1649. 2. The Case of the University of Oxford presented to the Honourable House of Commons Ian. 24. 1689 90. Oxford Printed at the THEATER 1690. Imprimatur IONATHAN EDWARDS Vice-Can Oxon. Mar. 31. 1690. THE PREFACE THE Priviledges of this Vniversity have been in so full clear and expressive words granted to our Predecessours and have since been us'd here with so much moderation and prudence That we their successours might with reason have expected rather the happiness of enjoying them than the trouble of maintaining them But so it happens That those very rights which were designedly given to the Vniversity as the best means of securing our peace and quiet have frequently by the malice of our Adversaries been made the occasions of our disturbance Once at least in every age The Citizens have renew'd their complaints against us which have all equally been founded on no reason and consequently have all alike met with no success It is remarkable that nothing hath formerly been more beneficial to us than these groundless complaints of the City and that to these chiefly we owe almost all those Charters which we now enjoy For when this contentious humour of the Citizens did thus in an unaccountable manner discover it self in the reigns of Ed. 3d. Hen. 4th Hen. 8th and Car. 1st it did not only justify the prudence of their Ancestours in granting us our ancient rights but convinc'd those excellent Princes of a farther necessity of giving greater and more unquestionable Priviledges Thus have we been oblig'd to their bad manners for our good laws and do faithfully keep an exact register of their contentions by the date of our Charters We have publish'd therefore these two following Treatises not only out of respect to our selves but out of kindness to the City For when once the most sober and judicious part of them shall be convinc'd That their demands are unreasonable and unjust That some turbulent Men under the popular pretence of defending the rights of the City do only carry on their own designs and interest at the publick charge It is impossible to conceive That the Citizens will still be impos'd on and not find some better imployment for their or ratber as it originally was for our mony At least if they are resolv'd to copy out the example of their Predecessours in opposing the Vniversity They should be so wise withall as to have imitated their Methods of opposing it Their Fathers took advantage of that lucky Crisis in 1649 When the Vniversity was obnoxious for its loyalty when learning it self was a crime and when the Iudges were as bad as the Petitioners This Effort was unsuccesful indeed but well-design'd for which we may reasonably perhaps accuse them of ingratitude but must for once acquit them of folly But if the Citizens shall now again renew the same designs when there is not a return of the like favourable juncture It will be justly suspected that they are heirs only of their Fathers malice but not of their cunning For can they think this a fit time to depress Learning and Religion Can they imagine that those Charters which have been always given to us by the best and greatest of our Kings will not receive confirmation from their present Majesties Or that this Honourable house of Commons is less a Friend to Learning and Justice than the Wise Parliament which first ratify'd our Charters If not if there be no ground for these surmizes now we may probably think That the Citizens will either wholly desist or expect a fairer opportunity of undermining their Benefactours But what success any discourse may have that applies it self to the justice and prudence of the City we dare not determine More certain we are That these Treatises will succeed in their other design and will give full satisfaction to all impartial and unprejudic'd Readers The Articles of the City have all met with plain and direct answers The Charters that we insist on are nam'd and pointed out and no subterfuge is taken in general expressions The Matter of Fact will be abundantly justify'd by our Registers The pretended difficulty in law is for the use of the City made obvious to every capacity and we submit it to others judgments whether the inferences which are few are not fairly drawn and warranted by reason For as the Cause it self was such That it needed no other advantage than to be set in its true light so was the dignity of the Body concern'd so great that it disdain'd any assistance from sophistry The Nature of this work would not allow us the liberty of digressions and therefore it is still to be wish'd That all men in a greater work were distinctly inform'd of the first rise of our Priviledges of the motives upon which they were first given and the absolute necessity of the continuance of them That they were acquainted with the offences of the City that occasion'd our Charters with the signal and Extraordinary wisdom of those Princes that granted them and lastly with the constant success which upon all contests with the Town attended and confirm'd them For since above an Hundred volumes are printed beyond Sea concerning the Rights of Universities and The Priviledges of Students It is to be hop'd That we who yeild not to any forrain Vniversity in the greatness of our Priviledges will show equall diligence in the just History and defence of them The only thing that in all probability hath hitherto prevented their work hath been the integrity knowledge and favour of the Iudges who having usually been bred among us knew the Extent of our Priviledges and have not suffer'd our rights to be examin'd by the unequal standard of the immunities of mean Corporations For as our Charters have been such as have left us no reason to envy the forrain Authentick so have the Year-Books hitherto abundantly supply'd the place of Glosses and Comments However tho' we have no reason at present to doubt of the continuance of the same justice to us we may reasonably desire and yet probably not need an exact History of our rights as that which tho' it might not be requisite as a necessary support would yet at least be commendable as an Ornament of this Vniversity April 6. 1649. To the Supream Authority of the Nation the Commons in Parliament Assembled The Humble Petition of the Maior Aldermen Bayliffs and commonaltie of the City of Oxon. in the County of Oxon. Humbly sheweth THAT they taking notice of the late memorable Acts of Parliament made for regulating of the Privy Councel and for taking away of the Court of Star-Chamber the high Comission Court and others of the like nature and being thereby made sensible of your worthy intentions to disinslave the free born People of this Nation from all manner of Arbitrary Judicature or Power and enable them to
charged yet there is another whithin the Liberties of the City and used by the County to which the University does commit most of their Prisoners and may do so by all 4. Though they by charged with their Gaol and Prisoners yet it is very little charges to them such Prisoners as have wherewithal being maintained out of their own goods and such as have not by Alms especially of the University and Colledges the Gaoler in the mean time making a good advantage of his place by Fees and otherwise 5. What charges they voluntarily put themselves to in the trials of Felons is more than they need to do for if the Felons be of the Body of the University they may be tried before our Steward at our charges if we please And if they be not of our Body they may and have been tried before the Judges of Assize and Gaol-delivery for the County 6. Why such Perquisites as are meerly matter of profit should be thought by the Citizens so improper for Scholars to enjoy we do not understand nor do we know how they do or can engage Scholars in such trouble as is surmised which the University do receive by the hands of their Bailiffs and may if they please rent them out to any other person 7. All the pretentions of the Petitioners in point of convenience do nothing respect either Deodands the goods of Fugitives Treasure Trove and other particulars which are in like manner challenged both by the University and City upon the same titles as Felons Goods are X. To the Reasons of the tenth Grievance 1. We answer and deny that the City hath any power by Charter or otherwise to set up Taverns or to Licence the selling of Wine by retail in Oxon nor doth the Statute of 7o. Edw. 6 ti cap. 5 ●o by Letter or Equity enable them so to do But the University both at the time and long before the making of that Statute had and used the Priviledge of Licensing and suppressing of Taverns in Oxon. And this our Priviledge is saved unto us by an express Proviso in that Statute by virtue whereof we do justifie the inhibiting the City to erect Taverns or Licence the sale of Wine by retail in Oxon. 2. We further say that in respect of that power which we claim and exercise over Vintners Brewers Bakers and other Victualers and in the Market and for those small perquisites we receive thence the Citizens are yearly abated and the University was anciently charged with a considerable part of their Fee-Farm-rent whereas we do not receive any considerable benefit this way proportionable to what the City hath or claims to have as belonging to their Fee-Farm other ways XI To the Reasons of the Eleventh Grievance 1. We answer that it is one of the most ancient Liberties of the University that the Priviledged persons thereof may use any Trade and exercise any Merchandize in Oxford or the Suburbs thereof as freely as any Citizen and this hath been confirmed unto us not only by Act of Parliament and Judgment in Parliament but also by Indentures of Composition between the two Bodies whereby the Priviledged persons have been ascertained that should exercise such Trade and Merchandize who in that regard are to be talliable by scot and lot and other charges with the Free-men of the City 2. We do not otherwise than according to this Priviledge assume power to set up trades within the City nor do we authorize Forreigners to exercise Trades in Oxon other than such as by the Law of the Land and Priviledge of the University are and ought to be allowed however some of them have of late years been unjustly molested by the Citizens for so doing 3. We deny that the City has any Charter so confirmed as is pretended to exclude Priviledged persons from exercising lawful Trades and selling by Retail within the City though they be not of their Guild no such Charter having hitherto been produced upon former Hearings when this point has been in debate betwixt us 4. Lastly we humbly conceive this Liberty cannot in equity and good conscience be taken from Priviledged persons who are many of them Butlers and Manciples or other Officers and Servants to the University and the Colledges and Halls therein having wives and Children to maintain which they cannot otherwise do than by Exercising lawful Trades their small wages and allowances which they receive by their respective places being scarce sufficient to maintain them in meat and cloaths and other necessaries if they were single persons and had no other charge To the Conclusion By what hath been said on either party we suppose it does sufficiently appear that some of the particulars in controversy betwixt us which the University claims as their just and ancient Priviledges and the City complain of as Grievances do concern meerly matter of profit and interest to which if our Title be good in Law we hope they will not be thought inconvenient for us to enjoy though the City desire to strip us of them And because a full hearing and exact discussion of all their and our Charters and Pretensions would occasion much trouble to this Honourable Committee we therefore humbly pray that we may be left to a tryal at Law for all such things as are meerly matter of Title and not be disturbed in our possession till we shall be evicted by Law As for other Particulars which concern matter of Power and Iurisdiction we likewise humbly desire that our Right may be cleared and acknowledged first and then the matter of Convenience taken into consideration whereby we hope it will appear that as those Priviledges are just and legal so they are no way unfit but absolutely necessary for us to enjoy as tending to the advancement of Piety Civility and Learning no way derogatory to the Power of the Civil Magistrate not founded upon Superstition or Tyranny nor inconsistent with the just freedome and immunities of the Citizens Wherein we desire it may be considered That many large immunities and Priviledges have been granted and are enjoyed by the City in respect of the University That their principal Benefactors have been members of the University That they receive an ample benefit by our continual commerce and trading with them all or most of our Revenue coming in from abroad but expended amongst them That their Children receive a liberal education and preferment amongst us beyond the proportion of other places That if it were not for the University the City of Oxford would be but of mean consideration That there are many other Cities but only one more University in the Land and those two as famous as any in the World That the Universities are the publick Nurseries of Religion Piety Learning and Civility and therefore have ever been the great Care of Parliaments and the Glory of the Nation That though some of the Powers claimed and exercised by the University over the Citizens may seem Grievous to the Citizens yet