acted, and BE IT ENACTED by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same, THAT all persons whatsoever who shall for gain in any playhouse, booth, or otherwise, exhibit any stage play, interlude, shew, opera, or other theatrical or dramatical performance, or act any part, or assist therein, within the precincts of either of the said universities, or within five miles of the city of Oxford, or town of Cambridge, shall be deemed rogues and vagabonds; and that it shall and may be lawful to and for the chancellor of either of the said universities, or the vice chancellor thereof, or his deputy respectively, to commit any such person to any house of correction within either of the counties of Cambridge or Oxford respectively, there to be kept to hard labour for the space of one month, or to the common gaol of the city or county of Oxford, or town or county of Cambridge respectively, there to remain without bail or main prize for the like space of one month; any license of the chancellor, masters, and scholars of either of the said universities of Oxford or Cambridge, or any thing herein or in any other statute, law, custom, charter, or privilege, to the contrary notwithstanding.(1)

II. AND WHEREAS by an act made in the seventh year of the reign of King Edward the Sixth, which prohibits all persons not licensed according to the direction of the said act to sell wine by retale, and permits no more than three taverns or wine sellers in the city of Oxford, and four taverns or wine sellers in the town of Cambridge, it was provided, That the said act, or any thing therein contained, should not in any wise be prejudicial or hurtful to any of the universities of Oxford and Cambridge, or to the chancellor or scholars of the same, or their successors, or any of them, to impair or take away any of the liberties, privileges, franchises, jurisdictions, powers and authorities to them, or any of them appertaining, or belonging, but that they and every of them, and their successors, might have, hold, use, and enjoy, all their liberties, privileges, franchises, jurisdictions, powers, and authorities, in such large and ample wise, as though the said act had never been made, so always, that there should not be any more or greater number of taverns kept or maintained within any of the said towns of Oxford or Cambridge, than might be lawfully kept and maintained by the provision, true meaning and intent of the said statute :(2) AND WHEREAS by an act made in the twelfth year of the reign of King Charles the Second, intituled, an act for the better ordering the selling of wines by retale, and for preventing abuses in the mingling, corrupting, and vitiating of wines, and for setting and limiting the prices of the same, it was provided, That the said act, or any thing therein contained, should not in anywise be prejudicial to the privilege of the two universities of this land, or either of them, nor to the chancellor or scholars of the same, or their successors, but that they might use and enjoy such privileges, as theretofore they had lawfully used and enjoyed:(3) AND WHEREAS by an act made in the ninth year of the reign of Queen Anne, for charging certain new duties on stampt vellum, parchment, and paper, and for other purposes, whereby, amongst other things, several duties therein expressed are directed to be paid for every piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed or written any licence for retailing of wine, or for selling of ale, beer,

(1) This enactment is repealed by stat. 6 & 7 Vict. c. 68, s. 1.

or other exciseable liquors by retale, it was provided, That nothing in the said act contained should extend, or be construed to extend, to prejudice any right the two universities of Oxford and Cambridge, or either of them had, or claimed to have, to the licensing any taverns, inns, or alehouses within their several jurisdictions, but that the said universities might from time to time, grant licences for any taverns, inns, and alehouses, within their several jurisdictions, subject to the several duties aforesaid, in as ample manner as they respectively might lawfully have granted the same, if the said act had never been made :(1) AND WHEREAS by an act made in the twelfth year of the reign of her said Majesty Queen Anne, intituled, An Act to enable such officers and soldiers as have been in her Majesty's service during the late war, to exercise trades, and for officers to account with their soldiers, it was provided, that neither the said act, nor an act made for the like purpose in the tenth and eleventh years of King William the Third, should in anywise be prejudicial to the privileges of the universities of Cambridge and Oxford, or either of them, or extend, to give liberty to any person to set up the trade of a vintner, or to sell any wine or other liquors within the said universities, without licence first had and obtained from the vice-chancellors of the same respectively:(2) AND WHEREAS by an act made in the last session of parliament, intituled, An act for laying a duty upon the retalers of spirituous liquors, and for licensing the retalers thereof, it was enacted, That from and after the twenty ninth day of September, one thousand seven hundred and thirty six, any person or persons who had followed and exercised the art or business of distillation for seven years then last past, or had served, or on the twenty fifth day of March, one thousand seven hundred and thirty six, were serving any apprenticeship to the same, should and might have full liberty and authority to exercise or follow any other trade, art, business, or manufacture in any city, town, or place, within that part of Great Britain called England; any law, charter, grant, custom, or usage to the contrary notwithstanding: AND WHEREAS since the making of the said last mentioned act, and under colour thereof, persons not licensed by the chancellor, masters, and scholars of the said university of Cambridge, or by the chancellor or vice chancellor of the said university of Oxford, have exercised and followed, or may exercise and follow, in the said city of Oxford and town of Cambridge, the trades of vintners or wine sellers, and much evil rule and disorder may be practised in taverns not so licensed, to the great annoyance of the said chancellors, masters, and scholars, and corruption of the youth educated in the said universities; BE IT FURTHER ENACTED by the authority aforesaid, THAT from and after the twenty ninth day of September, one thousand seven hundred and thirty seven, nothing in the said last mentioned act contained shall extend or be construed to extend, to prejudice the right which the chancellor, masters, and scholars of the said university of Cambridge, or the chancellor or vice chancellor of the said university of Oxford, in the right of the said university of Oxford respectively, claim of licensing taverns and other publick houses within the precincts of either of the said universities; but that the said chancellor, masters, and scholars of the said university of Cambridge, and the chancellor and vice chancellor of the said university of Oxford, in right of the said university of Oxford respectively, shall and may use and enjoy the said right, as fully and freely as they might

(1) Vide ante. p. 104. (2) Vide ante, p. 113.

have used and enjoyed the same, if the said act had not been made; any thing in the said act contained to the contrary thereof in anywise notwithstanding.

III. PROVIDED ALWAYS, That all and every person and persons who have followed and exercised the art or business of distillation for seven years, before the twenty ninth day of September, one thousand seven hundred and thirty six, or have served, or on the twenty fifth day of March, one thousand seven hundred and thirty six, were serving any apprenticeship to the same, and who since the said twenty ninth day of September, one thousand seven hundred and thirty six, have exercised or followed in the said town of Cambridge the trades of vintners or wine sellers, without the licence of the chancellor, masters, and scholars of the university of Cambridge, shall have full liberty and authority to exercise or follow the said trades of vintners or wine sellers in the said town of Cambridge, so as they and every of them on or before the twenty fourth day of June next following, take out such licences, paying their proportion for the same of the money usually and annually paid by the vintners or wine sellers now licensed by the said chancellor, masters, and scholars, and upon such terms, and subject to such regulations, conditions, restrictions, and power of revocation, as the said vintners or wine sellers so licensed as aforesaid are subject to; any thing in this act contained to the contrary notwithstanding.

IV. PROVIDED ALWAYS, and be it further enacted by the authority aforesaid, That it shall not be lawful for the said chancellor or vice chancellor of the said university of Oxford, or any other officer of that body, to receive or take, directly or indirectly, any fee, perquisite, gratuity, or reward, for granting such licenses, as aforesaid; nor shall any sum of money, fee, gratuity, or reward be hereafter paid to any person or persons for or in respect of such licenses, other than such annual payments in like manner, and to the like uses, as have been usual in the university of Cambridge; any law or custom to the contrary notwithstanding.

V. PROVIDED ALWAYS, That this act, or any thing herein contained, shall not in any wise be construed to prejudice or confirm any of the liberties, privileges, franchises, jurisdictions, powers, and authorities appertaining or belonging to the mayor, bailiffs, and commonalty of the city of Oxford, or to any of them, but that they and every of them, and their successors, may have, hold, use, and enjoy all their liberties, privileges, franchises, jurisdictions, powers, and authorities, in such large and ample wise as though this present act had never been had or made.

VI AND BE IT FURTHER ENACTED by the authority aforesaid, That this act shall be deemed a publick act, and shall be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without specially pleading the same.(1)

At the town sessions held on the 20th of April, the following order was made

WHEREAS a person called by the name of Mad Tom has for several days last past gone up and down the town of Cambridge, with a sword and some other offensive weapons, to the disturbance of the inhabitants of this town. IT IS Therefore ordERED by this Court that the said person so called as aforesaid, shall immediately after this order or so soon as he can be apprehended within

(1) Stat. 10 Geo. II. c. 19.

this town, suffer the correction of whipping by the hands of the common cryer of this town, under which he is to continue until he leaves the same town.(1) In July, Thomas Holles Pelham Duke of Newcastle, (2) was elected High Steward of the University in the room of the Earl of Anglesey deceased.

This year, a grace was passed, constituting a Syndicate with plenary powers over the University press for three years.(3)

At Hampton Court, on the 29th of August, "Dr. Wilcox Vice"Chancellor of the University of Cambridge, & his Grace the Duke "of Newcastle, High Steward of the University, attended by several "Heads of Houses, Doctors in the several Faculties, Masters of Arts, " & other members of that learned body, waited on his Majesty in "their formalities; and being introduced by his Grace the Duke of "Grafton, Lord Chamberlain of His Majesty's Household, Mr. Vice"Chancellor presented the following address, congratulating his Ma"jesty on the birth of a Princess :(4)—

TO THE KING'S MOST EXCELLENT MAJESTY,

THE HUMBLE ADDRESS of the Chancellor, Masters and Scholars of the

University of Cambridge.

Most Gracious Sovereign,

WE your Majesty's most dutiful & loyal Subjects, the Chancellor, Masters & Scholars of your University of Cambridge, humbly beg leave to congratulate your Majesty on the happy delivery of her royal highness the Princess of Wales, and the birth of a Princess.

WE are deeply sensible of the many & great blessings we enjoy under your Majesty's most gracious Government, & how entirely all that is dear & valuable to this nation depends on your Majesty & your Royal family.

EVERY increase therefore of the Royal Progeny must be a new subject of joy, as it gives us a pleasing prospect of the continuance of our present happiness, and confirms us more and more in our hopes, that our most excellent

(1) Town Sessions Book.

On the 12th of April, 1738, the Court ordered that the person called Mad Tom be kept in the workhouse till Saturday next, and that he be then publicly whipped at the Market Cross, by the hands of the common officer and be then sent forthwith out of town. In an order to the like effect made the following day he is called Thomas Miller alias Mad Tom. On the 11th of July, 1739, the Sessions ordered that Mad Tom be apprehended and committed to the House of Correction till further order.

(2) This nobleman (who in 1748 was elected Chancellor of the University) was eldest son of Thomas Lord Pelham of Laughton, and was born 1st of August, 1693. In 1711, he assumed the name of Holles, having succeeded to great part of the estates of his maternal uncle John Holles Cavendish Duke of Newcastle, and the same year he married the Lady Harriet daughter of the Earl of Godolphin and grandaughter of John Duke of Marlborough. On his father's death in February, 1711-12, he succeeded to the Barony of Pelham of Laughton. In October, 1714, he was created Earl of Clare and Viscount Pelham, and in 1715, Duke of Newcastle. He was Lord Chamberlain of the Household from 1717 to 1724, Secretary of State from 1724 to 1754, when he became First Lord of the Treasury, which office he held till November, 1756, and again from July, 1757, to 1762. In July, 1765, he was constituted Lord Privy Seal. He was also Knight of the Garter, Warden of Sherwood Forest, Lord Lieutenant and Custos Rotulorum of the County and Town of Nottingham, Recorder of Nottingham, and one of the Governors of the Charterhouse. He died without issue 7th of November, 1769.

(3) Monk, Life of Bentley, i. 156 n.

(4) Augusta daughter of the Prince and Princess of Wales, born 31 July, 1737, afterwards married to Charles William Ferdinand Hereditary Prince of Brunswick, by whom she had Caroline the Queen of George IV.

Constitution, as settled at the Revolution, will be delivered down to all succeeding generations.

THE peculiar favour and protection your University hath received from your Majesty, calls upon us to distinguish ourselves in all instances of Duty, & we humbly presume to renew our repeated assurances of our zeal & affection for your person & Government,

MAY the good God grant your Majesty to reign long over us in health & Glory May you be happy in your whole royal family, in dutiful & loyal Subjects, and in the success of all your great designs for the prosperity of your people.

"To which his Majesty was pleased to return this most gracious "Answer :

I take very kindly this dutiful and loyal Address, & thank you for your Congratulation upon the birth of a Princess, your constant zeal & affection for me & my Government, you may be assured, will continue to you, in the fullest extent, my favour, Protection, and Encouragement.

"They all had the honour to kiss his Majesty's hand.

"They were afterwards introduced to her Majesty by the Right "Honorable the Earl of Grantham, her Majesty's Lord Chamberlain, " & Mr. Vice Chancellor made their compliments to her Majesty in "the following speech:

MAY it please your Majesty,

To accept the Congratulation of the University of Cambridge upon the birth of a Daughter of their Royal Highnesses the Prince and Princesses of Wales. THE greater any blessing is, the greater must be the anxiety & solicitude occasioned by the fear of losing it.

WHAT happiness is it to this nation, not only to enjoy all that Subjects can wish, but to have all the certainty there can be, that their blessings will be continued down to the latest ages, in a numerous & increasing Royal Family, designed by Providence to bless the world.

PERMIT us, madam, to express the sense we have of our happiness, & humbly to offer our sincere wishes for prosperity to your Majesty & your whole Royal Family.

Her Majesty returned a most gracious answer.

"They all had the honour to kiss her Majesty's hand. They had afterwards an entertainment given them."(1)

On the 30th of August, the Vicechancellor, attended by several Heads of Houses, Doctors, Masters of Arts, and other members of the University, waited in their formalities on the Prince of Wales at St. James's, and being introduced by Lord Baltimore, Lord of the Bed Chamber in waiting to his Royal Highness, the Vicechancellor made the following speech:

MAY it please your Royal Highness,

To permit the University of Cambridge to express their joy upon the safe & happy delivery of your Royal Consort, and the birth of a Princess.

(1) London Gazette, 27 to 30 Aug. 1737.