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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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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