cclxxxiv baxter case a information in the exchequer be exhibit against Baxter  of Cambridge upon the statute of e cap of wine and the sell of they against  the purview of the say statute to which the defendant plead that king rich the  second in the that year of his reign grant unto the chancellor and his deputy  and the scholar of the university of Cambridge custodiam assisae parish vines  in a vineyard in rows kind of beer amendment a punishment eorundum and that  the queen that now be confirm the say grant in the three year of her reign by  her letter patent which be after confirm by Act of parliament Elizabeth and so  plead to the jurisdiction of the court upon which it be demurrer in law Harris  argue for the queen and say that the defendant can not plead that matter to  the jurisdiction of the court at that time for it be now too late for that he  have oftentimes imparle and that general in which case the court have general  and ordinary jurisdiction and authority to hold plea of such matter shall have  conusans of they notwithstanding the matter which have be show and set forth  on the other side it have Leonard be say quod assisa go for sale de assidend  that be to have the assize as well in respect of the price as of the measure  which although it be admit yet the same shall not help they for they of  Cambridge have not assisam self but only custodiam assisae I e that the assize  set down by the queen and her council be well keep and that no other price or  measure be use in the utter of wine Popham the queen attorney to the same  intent the statute of h ordain that when wheat be at such a price in the  market then every penny loaf be to weigh so much and so when barley be at such  a price then so much beer shall be sell for a Leonard er p penny and that be  the general assize limit by the say statute in these case the university can  appoint another assize than that which be set down by the say statute but to  take care that the say statute be well execute in such assize see the statute  of e of wine sure that wine shall be sell accord to the assize of the king I e  d the gallon and in that matter the university have custodiam only I e the  survey of the assize and the execution of it and authority to punish the  offence against the say statute as well in the price as in the measure accord  to the say statute and not otherwise c and as to the statute of e cap by which  it be provide that the say statute shall not be prejudicial to any of the  inhabitant of Oxford or Cambridge or unto the chancellor or scholar there to  impair their liberty c the same ought to be intend that the liberty and  franchise which the university have before by the grant ut above c I e to  punish such offence against the assize accord to the old statute for the say  statute of e cap be in the affirmative do not takeaway the punishment appoint  by any other statute but do continue the same and a further penalty be appoint  near ulteriorem pnam and as to that which have be say that by the say grant of  Richard the d they have grant to they getting to know all act personali inter  parten parten that will not help the university in this case for the informer  by the statute have liberty to sue in what court he will in any of the king  court of record and in this case the queen be in modus a party for she be to  have the moiety and so this cause be not mere betwixt party and party c Inst  cro Leonard trin Elizabeth in the king bench