Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49526	The answer of the chancellor, masters and scholars of the Vniversity of Oxford, to the petition, articles of grievance, and reasons of the city of Oxon presented to the honorable committee for regulating the University of Oxford the 24. of July, 1649.	University of Oxford.; Langbaine, Gerard, 1656-1692.	1649 (1649)	Wing L363; ESTC R19608	22,313	47

Right belongeth to the City by their ancient Charters and Usage time out of minde 11. They claim Fellons Goods and Deodans 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 Fellons 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 wheras the University have only the Clarkship of the Market and the perquisites and profite thereof belong to the City toward their Fee-farm 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 misdemeanour or make any By-law for regulating of such misdemeanor they presently become servant to some Master of Art● 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 refuse to pay any payments with the City except such as shall be warrantable under the S●al of the University● April 30. 1649. A Particuler of the Grievances of the City of Oxon against the Universitie of Oxon together with the reasons thereof exhibited unto the Honorable 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. THat Schollers and Priviledged persons draw Townsmen in suit into the Vicechancellors Court for any matters whatsoever except Mayhem Felony and Free hold aswell in cases where they are Plaintiffs as where they are Defendants in which particulers the Cittizens conceive they have just cause of complaint for diverse reasons First for that by the ancient Charter of Hen. 1. Hen. Hen. 2. Edw. 3. and divers other subsequent Charters confirmed by act of Parliament and allowed by Justyces in Eyre and in the Courts at Westminster they ought not to be impleaded out of their own Court but to have their tryall in their own Court according to the Customes and usages of London for that they are by their Charters to enjoy the same libertyes and customes and the Perquisites and Profits of their Court are parcell of their Fee-farme which would be left or at least wise lessened in case that their suit● and tryals should be in the Chancellours Court as well where a priviledged person is Plaintiff● as Defendant there being at this present neare about a third part of the Householders within the Citty priviledged by the University as in 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 Vicechancellor or Commissarye not confined or tyed to any certeine Lawe either Civill Cannon or Common Lawe But either according to any of these or according to the Customes statutes of the Universitye heretofore used or h●reafter 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 equitie or otherwise then before themselves Thirdly for that diverse Citizens have commenced severall 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 yeares standinge and much expence have beene destitute of any redresse there at all Fourthly for that as the Cittizens conceive that Court and the order and manner of their proceeding● consisteth not with the present Constitution of the Commonwealth or the Libertye of the People this particular not onely concerning the Cittizens of Oxon but all others who shall have any commerce or dealing with a Scholler or a Priviledged Person The Vniversity claimeth a power to imprison and to impose a mulct of 40● upon any Cittizen being out of his house after nyne a clocke at night without such reasonable cause as the Procters or Vicechancellor shall allowe of● the Procter having the benefit of the Mulct and this hath beene exercised not onely upon private Cittizens but upon the publique Magistrates and Officers of the Citty as Bailiffes Constables and the like being in the execution of their offices to preserve the peace to pursue Hue and Cryes to keepe watch and ward Convey offenders to prison by vertue of the Iustyce of peace warrants to prevent escapes from the Gaole whereof the Bailiff●s have the chardge and the like which the Cittizens conceive to be a great Greevance contrary to the great Charter and other lawes to their Native and just liberties the rather for that the fyve Aldermen and eight Assistants of the Citty besides what the Law of the Land requires are by their Auncient Charters and by their Oathes bound to search for and apprehend Malefactors within the Citty aswell by night as by day Neverthelesse the said Cittizens can desire no lesse but that if the Major or any Officer of the Citty finde any priviledged person disorderly and irregular they may have power and libertye to secure them untill they may be sent to the Vicechancellor or Proctor and they to deale in like manner with the cittyzens But that the Vniversitye should impose such a mulct and inslict imprisonment for Non payment upon a Cittizen that is abroad after such a tyme about his lawfull occasions and to make the Proctor judge in his owne cause whether it was a lawfull occasion or no● he being to have the 40● And for a civill man to goe to the Vicechancellor for leave to be out of his house after nyne of the clocke or not to stirre abroad before 4 of the clocke in the morning is conceived by us to be a greater tyrannye then is fi● for any freeman to beare That the Vniversitye have heretofore restrained all Bakers and Brewers within the precincts of the Citty and Suburbs thereof to bake or brew within the Citty except they first take a Lycence from the Vniversity for which they challenge 17● 8● and also enforceth them to take an oath to observe such assize as the Vicechancellor from time to time shall appoint the which the Cittizens conceive to be a Greevance and a burthen both in respect of the money extorted from them● there being no such somme of money due by the Lawes of this Land for such lycence

University for many years now lat● past have suffered g●●●t w●on●s diminu●ions of their just ancient 〈◊〉 by the P●titioner● who h●ve ta●●n upon them 〈◊〉 ●●●●ossesse them of some ●f them before com 〈◊〉 of oth●rs while ●●eir complaint is yet de●● 〈◊〉 We answer and say That the University neither hath exercised nor does challenge the exercise of any Arbitr●ry power or jurisdoction over the Cittizens But onely such just Power as they are by Law and Custome confirmed by Act of Parliament warranted unto Concerning Port-mead 1. We answer and deny that the Petitioners have the inheritance of the said Meadow but only a right of Common and that divers Colleges in the University and their Tenants and other men are as we conceive equally interessed● with the Petitioners in a right of Common in that Meadow 2. That the number of poore People both now and heretofore abounding in the Citty is very much occasioned by the Petitioners illegall erecting of multitudes of Cottages upon the Towne wall and Ditch which they rent out to such poore people thereby much enhance their own Revenues to the prejudice and impoverishing of the University by whose Free and charitable Contributions those poore are exceedingly relieved and mainteined 3. That if all the Charitable donations given to mainteine the Poore of Oxford by severall Members of the University 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 worke as we conceive 4. That the improvement desired by the inclosure of Portmead would not be only to the prejudice of the right of severall Colledges and their Tenants in respect of their said right of Common therein but to the generall impoverishment of the Poore inhabitants of the Citty who claime and use a like right of Common in the said ground which hath beene and is a great support to them and therefore when the like designe of enclosure hath heretofore been attempted by the richer Cittizens it has been mainely opposed and hindred by the Poore inhabitants of Oxon and so we conceive they doe 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 Citty have the inheritance of Port-meadow that it shal be thought fit to give way to such an inclosure as is desired for the ends by them proposed the Vniversitie 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 Citties pretended Grievances 1. WE answer and say That the Vniversity hath time out of minde and are warranted so to doe by divers Charters confirmed by Act of Parliament exercised Power and Iurisdiction in all Causes m●ntioned in this Article● whereof or wherein a Priviledg●d person is one party 2. We doe claime Allowa●ce of our Priviledge for such Persons justly p●ivile●ged as the Chancellour shall under the Common seale certifie to any Court to be so privil●dged 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 Civill Lawes and after witnesses have been openly produced in Court and sworne their examinations are taken in writing by the Judge and Register then published that all parties may have Copies of them according to the course of the Civill Law the High Court of Chancery and the Admiralty 4. We doe not proceed in an Ecclesiastical way but in Causes Ecclesiasticall 5. Sometimes heretofore we have used the censure of Excommunication against our own Members at the instance and for the benefit of the Cittizens but not so these fifteen or sixteen yeares 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 ●ly we doe grant Arrests without any previous Citation 7. That our Sentences are as the Petitioners untruly suggest meerly arbitra●y and grounded upon no Law but at the will of the I●dge we deny● For in his Sentences the Judge followes the Justice and Equity of the Civill 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 b●cause the manner of proceedings there are not as at the Common Law but the party grieved may either appeale or complaine of a nullity and have redresse And if it be appealed in the Vniversity there are there appointed yearely fower or ●ive Doctors and some Masters from the Congregation and Convocation to heare the complaint from their judgements there lies an Appeale to the Supream Power in Chancery where the Juges of the Land other learned Lawyers both Common and Civill have usually been nominated Judges Delegates as in the Admiralty and Prerogative Court To the Third The Vniversity does claime 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 this extends as well to Townsmen as Schollers or Strangers But for barely being abroad about a mans owne 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 Bayle and shew a reasonable cause of such his being abroad the next day or as soone as he can and upon his so doing he is to be dismissed without any payment 3. If any P●octor have at any time tran●gressed the just bounds of their power the Vniversity does not avow them in it the party greived may take his course against him To the Fourth The Vniversity time out of minde hath used the sole power of admitting or Licensing Common Brewers To the Fifth The Vniversity never did challenge or exercise any such power as is mentioned in this Article To the Sixth The Vniversity doth not take upon them to Dis-common any man at pleasure but only upon very great cause and wrong to the Vniversity after monition and due proceedings and that by common consent in Convocation To the Seaventh The Vniver●ity by severall Charters confirmed by Act of Parliament does require an Oath