other Courts and they may as well object That divers persons commenced severall Suits in the Courts at Westminster for iust debts due unto them by bond and for iniuries committed against them and yet it may be for want of good proofe by witnesse or otherwise as for want of able Councell or carefull Atturneies to look well to their pleadings and executions or for want of abilitie in the parâ—ies sued after long and tedious suits and much expence have been destitute of any redresse and therefore this manner of reasoning is not at all concludent being an argumeÌ„t drawne à non causa ut Causa which if it were of any force we might easily turne the edge of it upon the Petitioners by giving instance in a Priviledged person who ha's a Cause now or lately depending in the Town Court werein he sites divers Cittizens for a just debt upon bond and though his debt bond were well proved or ready to be proved by sufficient witnesses and no defect in his Councell or Atturney nor any disability in the Defendants yet could he not get his money in that Court after a long and tedious suit neer two yeares and much expence Yet is not the Court to be blamed but the dilatorie cunning of the Defendants and we cannot think it reasonable to charge the faylings of men or other intervening casualties upon the Law or the Court either theirs or ours the due proceedings of which later are in themselves as compendious as of any other ordinary Court whatsoever To the Fowerth and last Reason We answer 1. That such Courts as ours have been found by long experience to consist very well with the most flourishing Commonwealths that ever were or are in the world and with the liberty of those people who had or have no other order or manner of proceedings in their Courts then such as is objected to ours 2. That as we humbly conceive the wisdome of this State in former ages thought it fit that our Ancestors should use the practice of the Civill Lawes in our Court the better to traine up young Studentâ— in the knowledge of them that they might thereby be made more serviceable to the Common-wealth in affaires at home and abroad 3. That our University Court is of such antiquity that the Common Law Bookes and some very ancient take frequent notice of it the proceedingâ— thereof being alwaies allowed by the Common-Law And the Lord Chief Justice Cooke in his Book Of the Iurisdiction of Courts in England lately published by authority of the Honorable House of Commons makes honorable mention of the Courts in both the Universities 4. That if the Cittizens be plaintiffes as most commonly they are besides the expedition which they may finde there They may have the benefit of the Defendants Oath to ease them in their proofe They may have good sureties put into Court not only to bring in the Defendants but also to pay the Iudgement and Costs of Suit They may arrest not only the Body of any Priviledged person but also his goods debts and things in Action 5. That though this particular if it were a grievance does not only concerne the Cittizens of Oxon but all others who shall have any commerce or dealing with Schollers or Priviledged persons yet have no others complained of our Court and the Petitioners of all others have least cause 6. That we doe not challenge or exercise any other jurisdiction over the Petitioners or others in the Vniversity Court then the Cittizens of Oxon themselves and all or most other Citties and Boroughs in England doe claime and daily practice without contradiction over all other free-borne people of the Land to wit to Arrest and compell them to answer in their respective Courts if they can be there legally attached to Answer 7. That we doe not claime or exercise any greater or other Priviledge in this particular then as we conceive is granted to and used by other Vniversities in Europe as well as ours to wit to sue and be sued before their own Iudge a Priviledge indulged to them and us in favour of Learning That Schollers may not be called abroad to answer Suits to the great neglect of their studies and expence of their time and money 8. That in mixt Suites where one party is of the Priviledge of the Vniversity and the other of the Citty since it cannot be otherwise but such Causes must be heard and determined either in our Court or the Towne Court or both must be subject to a forraigne jurisdiction which would be equally repugnant to the Priviledges of both Bodies no way advantageous untothem and extreamly inconvenient for us we cannot but conceive it more consonant to justice and withall more convenient that the Priviledge of the Vniversity should herein take place of theirs 1. Because this Priviledge has been anciently granted to us and we have been many hundred years in possession of it and it is also confirmed unto us by Act of Parliament 2. Because the Iudges in the Vniversity Court having no interest in the particular Suits brought before them cannot be thought other then indifferent Whereas if Scholers should be Sued in the Towneâ— Court where the Major and Bayliffes Judges and Jury are all Tradesmen it is very much to be feared it would goe hard with the poore Schollers 3. Because as we humbly conceive the Vniversity is still as it has alwaies been reputed the more noble Corporation more Serviceable in the publique and in which the whole Nation has a greater interest then in the Citty or Cittizens who for the most part are beholding to the Vniversity for much of their livelyhood and subsistâ—nce as themselves in the fift Article doe imply whereas we have no dependence upon them but only wares for our mony at deare râ—tes 4. Lastly Because as we likewise conceive if the Petitioners should prove so unfortunately successefull in their desires as to obtaine the liberty of Suing Schollars in their Towne Court it would prove in the end very prejudiciall to themselves for besides that it would minister occasions of discontent and continuall quarrells betwixt the Bodies it would deterre Schollars from having any dealing or commerce with their new Judges the Cittizens II. To the Reasons of their second Grievance made up with divers specious instances to cast aspersions upon the Vniversities Right and Priviledge of the Night-walke We Answer 1. That this Right and Custome is so ancient so strengthned by confiâ—mation of Parliament and the benefit thereof so great to all inhabitants by the carefull practice and exercise of it and the continuance of it so absolutely necessary for the good government of the Vniversity especially for securing younger Schollars against the many temptations to lewdnesse and loosenesse which they ordinarily are exposed to by meanes of such Townesmen as make their own advantage out of the others luxury and deboystnesse that no man of any civill conversation Stranger Sojourner Cittizen or other hath ever
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 Iuly 1649. OXFORD Printed by H. Hall Printer to the University 1649. April 6. 1649. To the Supream Authority of the Nation the Commons in Parliament Assembled The Humble Petition of the Major 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 freeâ—borne People of this Nation from all manner of Arbitrary Judicature or Power and enable them to live like Freemen under the known Laws of this Land are thereby at this present emboldned to make known unto you the most intollerable sufferings and oppressions which they for a long time past and yet by an Arbitrary and unlimited power exercised over them by the University oâ—Oxon havâ— under-gone and at this time suffer as by particulars hereunto annexed may appear And for redress whereof your distressed Petitioners hâ—mbly implâ—re your gracious assistance And whereas your Petitioners at this present partly through decay of trading and partly through the long and daily payments taxes and quartering of Souldiers are very much impoverished and their City abounding with such multitudes of poor people that they are not able to relieve them without provision of a convenient stock wherewithall to set them on work for the raising whereof there is a certain large piece of ground called Portmeade lying neer the said City wherein your Petitioners have the InheritaÌ„ce and the Village of Woolvercot only Common of pasture therein by reason of vicinage which being enclosed leased out for certain years would raise a convenient stock for the relief and setting on work of the said poor The which your Petitioners are very desirous and have much endeavoured to effect but have been and still are hindred in these theiâ— pious and good intentions by the Inhabitants of Woolvercot aforesaid Albeit your Petitioners have been and are willing to allow them a proportionable quantity of ground to be allotted them out of the said ground in lieu of their said Common Your Petitioners likewise humbly pray that they be enabled by Authority of this present Parliament to enclose and demise for some competent number of years the said ground called Portmeade for the use aforesaid leaving a proportionable quantitie of ground or otherwise allowing some sufficient recompence unto the said Inhabitants of Woolvercot in lieu thereof All which we refer to the wisdom and judgment of this Honorable House humbly desiring your serious and speedy considerations and resolutions herein and to make such order for your Petitioners relief touching the premises as you in your grave wisdoms shall think meet and expedient And we shall ever pray c. A Schedule of the Cities Grievances claimed and at several times put in execution against them by the University 1. THe University claimeth power to determine all controversies whatsoever between any persons whatsoever if one of the parties be a priviledged person except in cases of main felony freehold they claim allowance of their priviledges in all other Courts without pleading of them without fee and to try matters of fact without Jury or without open examination of the witnesses in the case but only in private before a Register and proceed in an Ecclesiasticall way by citation excommunication and the like contrary to the course of the Common Laws and their sentences are not grounded upon any certain Law either Civil Canon Statute or Common Law but secunduÌ„ equuÌ„ bonuÌ„ and meerly Arbitrary at the will of the Vice-chancellor or his Vice-chancellor against whose sentence how unreasonable soever no Writ of Error will be by them allowed or other redâ—ess admitted but only by appeal before themselves in their Convocation or Congregation in which particular the Citizens finde themselves much grieved being by those proceedings not only delayed but oftentimes defeated of their just debts without any redress at all 2. Without any lawfull power they take upon them to make Proclamations thereby imposing not onely penary muâ—cts but also imprisonment upon such persons as shal not obey their matters contained in such Proclamations and this not only upon Citizens but likewise upon all others dwelling within five miles of Oxon. 3. They claim exercise a power over the Citizens to impose 40 â— upon any Citizen being found out of his house after 9 of the cloâ—k albeit it be in the summer time and albeit they be Constable in their search for Fellons upon persuit of 〈◊〉 cry or Aldeâ—men of the City or Justices of the Peace in conveying of Malefactors to the Goal or the like and for default of present payment of the 40 s. to send them to prison there to continue until satisfaction made to the Proctors 4. They claim the sole power of Licensing of Ale-houses Brewers and Maulsters and usually take for the making of Licences for Brewers to Brew and for Maulsters to make Mault 17 s. 8 d. and take Recognizances of the Ale-house-keepers but never returne any of them to the Quarter Sessions 5. They have challenged to have powers and de facto have exercised a power to pull down the Citizens houses of Habitation and some of the Butchers Shambles within the City 6. They take upon them power to dis-common Citizens at their pleasure and to inhibite all priviledged persons to have any commerce or trading with them which power they have also exercised upon divers Citizens 7 They exact from the Mayor and sixty two Citizens an Oath for the maintenance of the University Priviledges whereas many of their pretended Priviledges are meere Usurpations and Incroachments upon the Liberties of the City which the Citizens by their Oathâ— are bound to preserve 8. They claim and exercise a power to enforce the Major and sixty two Burgesses of the City to come yearly to Saint Maries Church on the tenth of February called by them Scholastims day to make an Oblation at the High Altar of sixty three pence for the slaughter of sixty three Scholars tempore Ed. 3. to procure a Masâ— for the souls of the sixty three slaughtered persons for the non-performance whereof they give forth That they will put a bond in suitâ— which the City in those dayes entered into to the University 9. They claim a power to make By-laws thereby to bind the Inhabitants of the City which are meere strangers and were never called to the making of them 10. They take upon them power to make new Officers as Tole takers of Corn and the like and they constitute Coroners which Office of
all commodities but having nothing to sellâ— But whether the Petitioners themselves bee not in an high measure guilty of that crime which they here object to the University we desire may be considered for that they have got by purchase or otherwise into their hands severall ancient Fayres Markets heretofore used to be kept in Oxon and sometimes belonging to some Colledges and have supprest them to make way for their owne sole Trading in that place and have of late without any 〈◊〉 warrant erected new Corporations of particular Trades and by colour thereof engrosse such Trades amongst themselves to the great prejudice of other Tradesmen and the enhansing of prices upon all manner of buyers VI To the Reasons of the sixt Grievance We Answer 1. That the Oath complained of by the Petitioners as to the forme of it hath been approved and setled upon solemne debate in Parliament above fower hundred years agoe 2. Whereas they object against it that it is conceived in Generall termes We reply So are all those Oathes which are required by the Citty of Oxon and other places of all their Free men when they are first enfranchised to preserve the Liberties of their respective Corporations 3. Whereas they pretend ignorance of our Priviledges and thereby insinuate how unjust it is they should Sweare to preserve them We answer That neither this Oath which we require nor any other of that kinde which is conceived in Generall termes does by intendment of Law bind the takers to any farther observance of the particulars comprehended within that generality then as they shall come To their knowledge And we farther say That this reason if it be of any force is much more pregnant against that Oath which is usually imposed upon all the Freemen of Oxon at their first admittance to maintaine and keep all the Franchises Liberties and Customes of the Citty to which many of them are altogether strangers at the time of their taking that Oath Whereas none are required or admitted to sweare to maintaine the Liberties of the Vniversiâ—y but a few Cittizens of the Graver sort to whom by reason of vicinity and long coversation amongst us the Customeâ— and Liberties of the Vniversity are sufficiently knowne 4. Though we doe confesse all priviledges to be just which we claime yet we neither pretend to be our own Judges to determine in poynt of Controversy which are just neither doe we pretend that the Major or any Cittizen is bound to sweare or if he doe sweare is bound to maintaine all or any Priviledges barely claimed by the Vniversity as just unlesse they be so in themselves and have been lawfully used by the Vniversity And therefore since as is cleare by the words of the Oath we doe not claime that the Major and Cittizens ought to sweare to maintaine any other then the lawfull Priviledges of the Vniversity And that it is acknowledged by the Petitioners that the Major is bound by his Oath and known by common practice that every Freeman is in like manner bound to maintaine all the Liberties of the Citty and that many of those doe clash and stand in opposition to diverse of those which the Vniversity so claime It must follow that all such pretended liberties of the Citty as doe clash with those Liberties of the Vniversity which the Major and Cittizens are required by Oath to maintaine must be in themselves unlawfull 5. Lastly we crave leave to observe a very preposterous course taken up by the Cittizens of latter times to overthrow the just and ancient Rights of the Vniversity by the new forged Engines of their Citty Oaths for first they frame an Oath contrary to our Priviledges and then complaine of our Priviledges for being contrary to their Oath VII To the Reasons of the seaventh Grievance We Answer That for the great losse sustained by the Vniversity in Edward the thirds time by the cruell and bloody outrage of the Townesmen against the persons and goods of many thousands of innocent Schollars the Major Bayliffes and Commonalty then entred into two Bonds one of five hundred pounds and the other of a hundred markes yearely to the Vniversity the former was given up upon the paiment of fifty pounds only no way answerable to that losse the second was suspended by an Indenture of Composition so long as the Major and sixty two such Townesmen as had been sworne that yeare to preserve the Priviledges of the Vniversity should yearely upon Scholastica's day repaire to St Mariâ—s Church and be there present at such Service as was suitable to those times and should then and there offer sixty three penceâ— which was to be distributed two parts to the poore and a third to the Minister of the Parish Upon the Reformation in Queene Elizabeths time by consent of both Corporations that Service was changed into a Sermon or Communion but the Offering was agreed to be continued which if the Citty will redeeme the Vniversity expects First recompence for the remainder of the Mony abated upon that first agreement Secondly a reparation for the Scandall of this Article and Grievance there being none more abhorring of Superstition then they who are herein charged with an endeavour of continuing it VIII To the Reasons of the eight Grievance We Answer 1. That the Vniversity by ancient Custome confirmed by Act of Parliament have used to make By-lawes for the better ordering and government of the Vniversity and Schollars therein which By-lawes bind not only Schollars but Tradesmen also in relation to the Ordering and Government of Schollars and not otherwiseâ— And this power is adjudged in diverse Booke-cases to be binding unto strangers in the like cases albeit they never actually consented by themselves or any immediate Representatives to the making of such By-Lawes 2. That the Petitioners themselves in other cases doe both claime and exercise a like power over the Estates and Persons of diverse Inhabitants in Oxon not of their Corporation nor any waies privy or consenting to their Orders either by themselves or any Representatives 3. As to the instance concerning Taylors we answer as before That we have not made any By-lawes concerning them but in relation to the Government of Schollars and we conceive it in convenient that it shâ—uld be in the power of Tailors to inveagle young Gentlemen into new and chargeable fashions in Apparell contrary to the desires of their Parents the direction of their Tutors and the publique Discipline and Order of the Vniversity meerly to enhanse their own prices in the making and the Mercers gaines in the selling of such deare but unnecessary trimmings as this instance relates unto And we say farther That we know none more guilty of the Grievance here objected to the Vniversity then the Tailors of Oxford themselves are IX To the Reasons of the ninth Grievance We Answer 1. That the particulars here in Question are meerly matter of Law to which of the two Corporations Felons Goods and Deodanes doe of
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 Artâ— 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 Sâ—al of the Universityâ— 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 suitâ— and tryals should be in the Chancellours Court as well where a priviledged person is Plaintiffâ— 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 hâ—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 proceedingâ— 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 40â— 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 ofâ— 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 Bailiffâ—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 noâ— he being to have the 40â— 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 fiâ— 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 17â— 8â— 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 themâ— there being no such somme of money due by the Lawes of this Land for such lycence
University for many years now latâ— past have suffered gâ—â—â—t wâ—onâ—s diminuâ—ions of their just ancient 〈◊〉 by the Pâ—titionerâ— who hâ—ve taâ—â—n upon them 〈◊〉 â—â—â—â—ossesse them of some â—f them before com 〈◊〉 of othâ—rs while â—â—eir complaint is yet deâ—◠〈◊〉 We answer and say That the University neither hath exercised nor does challenge the exercise of any Arbitrâ—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 interessedâ— 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 mâ—ntioned in this Articleâ— whereof or wherein a Priviledgâ—d person is one party 2. We doe claime Allowaâ—ce of our Priviledge for such Persons justly pâ—ivileâ—ged as the Chancellour shall under the Common seale certifie to any Court to be so privilâ—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 doâ— 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 â—ly we doe grant Arrests without any previous Citation 7. That our Sentences are as the Petitioners untruly suggest meerly arbitraâ—y and grounded upon no Law but at the will of the Iâ—dge we denyâ— 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 bâ—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 â—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 Pâ—octor have at any time tranâ—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 Vniverâ—ity by severall Charters confirmed by Act of Parliament does require an Oath
of the Major and sixty two Cittizens to maintaine their lawfull Priviledgesâ— so it is expressed in the Oath To the Eight The Vniversity doth challenge by Agreement and Indenture under the common Seale of the Towne-Corporation the offering of sixty three pence yearely by the Major and sixty two Burgeses But without any relation to the Highâ—Altar or Masse or the Soules of so many persons slaine To the Ninth The Vniversity by Custome confirmed by Act of Parliament does claime a power to make By-Lawes for the good government of the Vniversity and the Peace of the Place in such things as belong solely to the jurisdiction of the Vniversity whereby the Townes men as well as others are obliged in order to the peace and good government of the Vniversity But in things that belong to the government of the Citty we meddle not To the eleventh The Vniversity claimes Felons Goods and Deodands by an ancient Charter confirmed by Act of Parliament and we deny that the City has any right to them at all To the Thirteenth The Vniversity does license Tavernes in Oxford according to the true intent of the Statute 70 Edw. 6ti and the persons so licensed are and may be Townesmen as well as Priviledged persons And the Citty hath no right to set up any To the Fowerteenth The Vniversity by ancient Custome and severall Charters confirmed by Act of Parliament and speciall Compositions with the Citty doth claime that Priviledge persons may exercise Trades according to the Law as farre forth as any Townesmen But against the Law as not having served as an Apprentice in such Trades where the Law requires it wee neither challenge nor exercise any more power then the Cittizens themselves To the Second Tenth Twelfth and Fifteenth and part of the Fourth we have forborne to answer in regard the Petitioners have omitted them in their last paper of Grievanâ—es oâ— the 10th of Aprill and by their Councell in the Audience of this Committee upon the 21 of Iune did openly declare they would not insist upon them To the Paper of Reasons exhibited by the Petitioners Aprill 30. 1649. 1. To the Reasons of their first Grievance 1. TO the first Reason of their first Grievance We answer and deny it to be true that they have any such Charter allowed in â—yre or any such Custome as is pretended viz. Not to be sued out of their own Court Nor ought to have for the reasons following 1. For that the Vniversity Court and the jurisdiction thereof is of a higher antiquity then any Charter of the Cittizens legally confirmed concerning their Court 2. For that in the most and principall Charters of the Citty as also in such Acts of Parliament as tend to the confirmation of them there is an expresse saving of all the Rights and Priviledges of the University 3. For that it appears by common practice that the Cittizens mutually sue one another in the Courts at Westminster and elsewhere both by originall Suits commenced in those Courts and by removing their Suits out of their own Court by Writs of Habeas Corpus Certiorari and Writtâ— of Error 4. For that they are ordinarily sued by Strangers both in the Courts at Westminster and in other Courts and we cannot â—ind that ever they pleaded any such Charters of Exemption or if they did that any such Plea was ever allowed to them Whereas the Vniversities Priviledge hath been frequently pleaded and in all ages allowed Whereas the Petitioners claime by their Charters the same Liberties and Customes with London We answer 1. The Petitioners have not made it appeare nor so much as asserted that London has any such Liberty or Custome whereby They may not sue be sued out of their own Courts 2. That supposing They have such a Liberty or Custome as present yet the Petitioners have not made it appeare or so much as asserted that London had any such Liberty at or before the time of the Grant of those surmised Charters to the Citty of Oxford 3. That divers other Citties and Boroughs in England have by their respective Charters like Grants of the same Libeâ—â—ies with London and Oxon who yet are not exempted from suing and being sued out of their own Courts 4. That it will appeare that the most ancienâ— Charter which the Citty of Oxon can pretend to in râ—lation to the libertiâ—s of London is uâ—tâ—â—ly repugnant to it selfe as to the principall of those Liberties 5. That Custome is the work of time and growâ— without Charter and therefore can not be granted by Charter 6. That the Customes of London are of great variety to some of which notwithstanding their Charter be generall for all the Cittizens of Oxon doe not pretend and to other some when they have laid claime by suits at common Law by petition to the Lord Major and Aldermen of London by petition in Parliament and by pleadings in Eyre their claime ha's not been allowed 3. Whereas the Petitioners suggest that their Fee Farme would be either lost or lessened in case their suits and tryalls should be in the Chancellors Court We answer 1. That ever since the Borough of Oxon was first rented out to that Corporation in Fee Farm they have continually falne in their Rent but enhanced their Revenâ—es by challenging and taking severall particulars as belonging to their Fee Farme which in truth are no parts of it 2. That granting the perquisites of their Coâ—rt from the proper Suiters to be part of their Fee Farme yet their suing and being sued in the Vniversity Court where a Scholler or priviledged person is one party would nothing impaire the just perquisites of their Court or Fee Farme in regard it was never otherwise since they had either Court or Fee Farme in Oxon. 4. Whereas the Petitioners conceive there are at this present neare about a third part of the housholders within the Citty Priviledged by the University We answer 1. That we conceive a tenth part of the Housholders within the Citty and Suburbs are not priviledged persons And that as the benefit of their priviledge by the daily growing oppressions and vexations of the Petitioners is in a manner wholy destroyedâ— so the number of priviledged persons is much lesse then ever it was heretofore within the memory of man 2. That if it were true which the Petitioners suggest it thence followes that the Petitioners by desiring as they doe in their last Article to restraine All Priviledged persons from exercising any Trade within the Citty doe thereby desire to expose a rhird part of the Housholders within the Citty as being priviledged as they say to want and beggery To the second Reason We answer That it proceeds wholly upon mistakes of the manner and rules of proceeding in the Vniversity Court which we conceive we have sufficiently cleared in our former Answer to their First Article of Grievances To the Third Reason We Reply That there is as quick expedition in our Court as in any
right belong The Vniversity claimes them as granted to us in expresse words by an Ancient Charter the only way by which they can be granted and this Charter is confirmed by Act of Parliament and we deny that the Citty have any such Charter precedent to ours that does grant them to the Citty and upon this we are ready to submit to a Tryall at Law 2. That if the Petitioners have no good Charter for them then their having the Custody and Charge of the Gaole and the power to try the Prisoners when they purchase such a Commission and their being liable to Escapes will not entitle them to the Goods of Felons much lesse to Deodands nothing being more known and ordinary then for severall Lords of Franchises to have the Goods of such Felons as were their Tenants who yet are not kept or tryed at their charges 3. We say though the Citty have one Gaole with the custody whereof they are charged yet there is another within the Liberties of the Citty and used by the County to which the Vniversity does commit most of their Prisoners and may doe so by all 4. Though they by charged with their Gaole and Prisoners yet is it very little charges to them such Prisoners as have where-withall being maintained out of their own goods and such as have not by Almes especially of the Vniversity and Colledges the Gaoler in the meane time making a good advantage of his place by Fees and otherwise 5. What charges they voluntarily put themselves to in the tryalls of Felons is more then they need to doe for if the Felons be of the body of the Vniversity they may be tryed before our Steward at our charges if we please And if they be not of our Body they may and have been tryed before the Judges of Assise and Gaole delivery for the County 6. Why such Perquisites as are meerely matter of profit should be thought by the Cittizens so improper for Schollars to enjoy we doe not understand nor doe we know how they doe or can engage Schollars in such trouble as is surmisedâ— which the Vniversity doe 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 doe nothing respect either Deodands the goods of Fugitives Treasure Trove and other particulars which are in like manner challenged both by the University and Citty upon the same titles as Fâ—lons Goods are X. To the Reasons of the tenth Greivance 1. We answer and deny that the Citty hath any power by Charter or otherwise to set up Taverns or to Licence the selling of Wine by retaile in Oxon nor doth the Statute of 7o Edw. 6ti cap. 5to by letter or Equity enable them so to doe 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 Tavernes in Oxon. And this our Priviledge is saved unto us by an expresse Proviso in that Statute by virtue whereof we doe justifie the inhibiting the City to erect Tavernes or Licence the sale of Wine by retaile in Oxon. 2. We further say that in respect of that power which we claime and exercise over Vintners Brewers Bakers and other Victualers and in the Market and for those small perquisites wee receive thence the Cittizens are yearly abated and the University was anciently charged with a considerable part of their Fee Farme rentâ— whereas wee doe not receive any considerable benefit this way proportionable to what the Citty hath or claimes to have as belonging to their Fee Farme other waies XI To the Reasons of the Eleaventh Greivance We answer 1. 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 Cittizen and this hath been confirmed anto us not onely by Act of Parliament and Judgement 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 Citty 2. Wee doe not otherwise then according to this priviledge assume power to set up Trades within the Citty nor doe we authorize Forreigners to exercise Trades in Oxon other then 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 yeares been unjustly molested by the Cittizens for so doing 3. We deny that the Citty ha's any Charter so confirmed as is pretended to exclude Priviledged priviledged persons from exercising lawfull Trades and selling by retaile within the Citty 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 Libertie cannot in equity and good conscience bee taken from Priviledged persons who are many of them Butlers and Manciples or other Officers and Servants to the University and the Colleges and Halls therein having Wives and Children to maintaine which they cannot otherwise doe then by Exercising lawfull Trades their small wages allowances which they receive by their respective places being scarce sufficient to maintaine them in meat and cloathes 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 appeare that some of the particulars in controversy betwixt us which the Vniversity claimes as their iust and ancient Priviledges and the Citty complaine of as Grievances doe concerne meerely matter of profit and interestâ— to which iâ— our Title be good in Law we hope they will not be thought inconvenient for us to enjoy though the Citty 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 Honorable Committee we therefore humbly pray that we may be left to a tryall at Law for all such things as are meâ—rely matter of Title and not be disturbed in our possession till we shall be evicted by Law As for other Particulars which concerne matter of Power and Iurisdiction we likewise hâ—mbly desire That our Right may be cleared and acknowledged first and then the matter of Convenience taken into consideration whereby we hope it will appeare that as those Priviledges are just and legall 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 Civillâ—Magistraâ—e not founded upon Supersâ—ition or Tyranny nor inconsistent with the just freedome and immunities of the Cittizens Wherein we dâ—â—â—â—e it may be considered That many large immunities and Priviledges have been granted and are enjoyed by the Citty in respect of the Vniversity That their principall Benefactors have been members of the Vniversity That they receive an ample benefit by our continuall commerce and trading with them all or most of our Revenue coming in from abroad but expended amongst them That their Children receive a liberall education and preferment amongst us beyond the proportion of other places That if it were not for the Vniversity the Citty of Oxford would be but of mean consideration That there are many other Citties but only one more University in the Land and those two as famous as any in the World That the Vniversities are the publique 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 Vniversity over the Cittizens may seem Grievous to the Cittizens yet are they Necessary for us without which it would be impossible to give a good accompt of that great trust which is committed to us for the training up of youth upon whose education not only their own wellfare but the flourishing condition of the Common-wealth next under God does very much depend We therefore humbly desire and pray That the Golden reignes of that ancient Discipline by which both the Vniversity and Citty have for so many hundred of years stood and flourished together may not be let loose to the certain debauching of both Bodies for the enriching and advantage of one nor be committed to other handsâ— which would we feare engage the members of both Bodies in continuall quarrells and open a gap to such sad consequents as we shall be sorry to see but unable to preventâ— FINIS 1. Greevance â—Greevance 3 Greevance 4 Greevance