upon Bond and though his debt and Bond were well proved or ready to be proved by sufficient witnesses and no defect in his Councel or Atturney nor any disability in the Defendants yet could he not get his mony in that Court after a long and tedious suit neer two years 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 Fourth 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 wisdom of this State in former ages thought it fit that our Ancestors should use the practise of the Civil Laws in our Court the better to train up young Students in the knowledge of them that they might thereby be made more serviceable to the Commonwealth in affairs at home and abroad 3. That our University Court is of such antiquity that the Common Law-Books and some very ancient take frequent notice of it the proceedings thereof being always allowed by the Common-Law And the Lord Chief Justice Cook in his Book Of the Iurisdiction of Courts in England lately published by authority of the Honourable House of Commons makes honourable mention of the Courts in both the Universities 4. That if the Citizens be Plaintiffes as most commonly they are besides the expedition which they may find there they may have the benefit of the Defendants Oath to ease them in their proof They may have good sureties put into Court not only to bring in the Defendants but also to pay the Iudgment 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 concern the Citizens of Oxon but all others who shall have any commerce or dealing with Scholars or Priviledged persons yet have no others complained of our Court and the Petitioners of all others have least cause 6. That we do not challenge or exercise any other jurisdiction over the Petitioners or others in the University Court than the Citizens of Oxon themselves and all or most other Cities and Boroughs in England do claim and daily practice without contradiction over all other free-born people of the Land to wit to Arrest and compel them to answer in their respective Courts if they can be there legally attached to Answer 7. That we do not claim or exercise any greater or other Priviledge in this particular than as we conceive is granted to and used by other Universities in Europe as well as ours to wit to sue and be sued before their own Judge a Priviledge indulged to them and us in favor of Learning that Scholars may not be called abroad to answer Suits to the great neglect of their studies and expence of their time and mony 8. That in mixt Suits where one party is of the Priviledge of the University and the other of the City since it cannot be otherwise but such Causes must be heard and determined either in our Court or the Town Court or both must be subject to a forreign jurisdiction which would be equally repugnant to the Priviledges of both Bodies no way advantagious unto them and extreamly inconvenient for us we cannot but conceive it more consonant to justice and withal 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 Judges in the University Court having no interest in the particular Suits brought before them cannot be thought other then indifferent Whereas if Scholars should be Sued in the Town Court where the Maior and Bayliffs Judges and Jury are all Tradesmen it is very much to be feared it would go hard with the poor Scholars 3. Because as we humbly conceive the University is still as it has alwaies been reputed the more noble Corporation more Serviceable in the publick and in which the whole Nation has a greater interest than in the City or Citizens who for the most part are beholding to the University for much of their livelyhood and subsistence as themselves in the fifth Article do imply whereas we have no dependence upon them but only wares for our mony at dear rates 4. Lastly Because as we likewise conceive if the Petitioners should prove so unfortunately successful in their desires to obtain the liberty of Suing Scholars in their Town-Court it would prove in the end very prejudical to themselves for besides that it would minister occasions of discontent and continual quarrels betwixt the Bodies it would deter Scholars from having any dealing or commerce with their new Judges the Citizens II. To the Reasons of their second Grievance made up with divers specious instances to cast aspersions upon the Universities Right and Priviledge of the Night-walk We answer 1. That the Right and Custome is so ancient so strengthned by confirmation of Parliament and the benefit thereof so great to all inhabitants by the careful practice and exercise of it and the continuance of it so absolutely necessary for the good government of the University especially for securing younger Scholars against the many temptations to lewdness and loosness which they ordinarily are exposed to by means of such Townsmen as make their own advantage out of the others luxury and deboystness that no man of any civil conversation Stranger Sojourner Citizen or other hath ever expressed the least reluctancy against it As for such disorderly walkers who are of a contrary disposition it is used only to reduce them to civility and the Proctors exercise the like power over them which the Constables and Magistrates in other places are allowed by the Laws of the Land to preserve the quiet of the place and to punish the misdemeanors of such as are disorderly 2. We do not know that any Proctors ever exercised such power over the Publick Magistrates of the City in the due execution of their offices as is charged in this Article Or if any did the parties grieved might have their remedy against them the University does not claim any such power 3. We answer and deny that the City have any such ancient Charters concerning five Aldermen and eight assistants of the City as is pretended in this Article 4. We likewise deny that in the
live like Freemen under the known Laws of this Land are thereby at this present emboldned to make known unto you the most intolerable sufferings and oppressions which they for a long time past and yet by an Arbitrary and unlimited power exercised over them by the University of Oxon have under-gone and at this time suffer as by particulars hereunto annexed may appear And for redress whereof your distressed Petitioners humbly implore 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 Soldiers 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 Portmead lying near the said City wherein your Petitioners have the Inheritance and the village of Wolvercot only Common of pasture therein by reason of vicinage which being enclosed and leassed 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 their pious and good intentions by the Inhabitants of Wolvercot 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 Portmead for the use aforesaid leaving a proportionable quantitie of ground or otherwise allowing some sufficient recompence unto the said inhabitants of Wolvercot in lieu thereof All which we refer to the wisdom and judgment of this Honourable 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 at several times put in execution against them by the Vniversity 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 maim felony and freehold and they claim allowance of their priviledges in all other Courts without pleading of them and 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 Ecclesiastical 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 secundum oequum bonum and meerly Arbitrary at the Will of the Chancellor or his Vice-Chancellor against whose sentence how unreasonable soever nor Writ of Error will be by them allowed or other redress admitted but only by appeal before themselves in their Convocation or Congregation in which particular the Citizens find 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 lawful power they take upon them to make Proclamations thereby imposing not only pecuniary mulcts but also imprisonment upon such persons as shall 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 and exercise a power over the Citizens to impose 40 s. upon any Citizen being found out of his house after 9 of the clock albeit it be in the summer time and albeit they be Constable in their search for Fellons upon pursuit of hue and cry or Aldermen 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 return any of them to the Quarter Sessions 5. They have challenged to have power 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 Maior and sixty two Citizens an Oath for the maintenance of the University Priviledges whereas many of their pretended Priviledges are meere Usurpations and Inchroachments upon the Liberties of the City which the Citizens by their Oaths are bound to preserve 8. They claim and exercise a power to enforce the Maior and sixty two Burgesses of the City to come yearly to St. 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 Mass for the souls of the sixty three slaughtered persons for the non-performance whereof they give forth That they will put a bond in suit which the City in those days entered into the University 9. They claim a power to make By-laws thereby to bind the Inhabitants of the City which are meer 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 Right belongeth to the City by their ancient Charters and Usage time out of mind 11. They claim Felons Goods and Deodands 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 Felons 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 whereas the University have only the Clarkship of the Market and the perquisites and profits thereof belong to the City toward the feefarm 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
ago 2. Whereas they object against it that it is conceived in General terms We reply So are all those Oaths which are required by the City of Oxon and other places of all their Freemen 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 Swear to preserve them We answer That neither this Oath which we require nor any other of that kind which is conceived in General terms 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 maintain and keep all the Franchises Liberties and Customs of the City to which many of them are altogether strangers at the time of their taking that Oath whereas none are required or admitted to Swear to maintain the Liberties of the University but a few Citizens of the Graver sort to whom by reason of vicinity and long conversation amongst us the Customs and Liberties of the University are sufficiently known 4. Though we do confess all Priviledges to be just which we claim yet we neither pretend to be our own Judges to determine in point of Controversy which are just neither do we pretend that the Maior or any Citizen is bound to Swear or if he do Swear is bound to maintain all or any Priviledges barely claimed by the University as just unless they be so in themselves and have been lawfully used by the University And therefore since as is clear by the words of the Oath we do not claim that the Maior and Citizens ought to Swear to maintain any other than the lawful Priviledges of the University And that it is acknowledged by the Petitioners that the Maior is bound by his Oath and known by common practice that every Freeman is in like manner bound to maintain all the Liberties of the City and that many of those do clash and stand in opposition to diverse of those which the University so claim It must follow that all such pretended Liberties of the City as do clash with those Liberties of the University which the Maior and Citizens are required by Oath to maintain must be in themselves unlawful 5. Lastly we crave leave to observe a very preposterous course taken up by the Citizens of latter times to overthrow the just and ancient Rights of the University by the new forged Engines of their City Oaths for first they frame an Oath contrary to our Priviledges and then complain of our Priviledges for being contrary to their Oath VII To the Reasons of the seventh Grievance We answer That for the great loss sustained by the University in Edward the Thirds time by the cruel and bloody outrage of the Townsmen against the persons and goods of many thousands of innocent Scholars the Maior Bayliffs and Commonalty then entered into two Bonds one of Five hundred pounds and the other of a hundred marks yearly to the University the former was given up upon the payment of fifty pounds only no way answerable to that loss the second was suspended by an Indenture of Composition so long as the Maior and sixty two such Townsmen as had been sworn that year to preserve the Priviledges of the University should yearly upon Scholastica's day repair to St. Maries Church and be there present at such service as was suitable to those times and should then and there offer sixty three pence which was to be distributed two parts of the poor and a third to the Minister of the Parish Upon the Reformation in Queen 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 City will redeem the University expects First recompence for the remainder of the Mony abated upon that first agreement Secondly a reparation for the Scandal of this Article and Grievance there being none more abhorring of Superstition than they who are herein charged with an endeavour of continuing it VIII To the Reasons of the eight Grievance We answer 1. That the University by ancient Custome confirmed by Act of Parliament have used to make By-Laws for the better ordering and government of the University and Scholars therein which By-Laws bind not only Scholars but Tradesmen also in relation to the Ordering and Government of Scholars and not otherwise And this power is adjudged in diverse Book-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-Laws 2. That the Petitioners themselves in other cases do both claim 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 As to the Instance concerning Taylors we answer as before That we have not made any By-Laws concerning them but in relation to the Government of Scholars and we conceive it inconvenient that it should be in the power of Taylors to inveagle young Gentlemen into new and chargeable fashions in Apparel contrary to the desires of their Parents the direction of their Tutors and the publick Discipline and Order of the University meerly to enhanse their own prices in the making and the Mercers gains in the selling of such dear 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 University than the Taylors 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 Deodands do of right belong The University claims them as granted to us in express 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 City have any such Charter precedent to ours that does grant them to the City and upon this we are ready to submit to a Tryal at Law 2. That if the Petitioners have no good Charter for them then their having the Custody and Charge of the Gaol 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 less to Deodands nothing being more known and ordinary than for several 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 City have one Gaol with the custody whereof they are
and 62 Citizens with him yearly upon Scholasticus Day which is the 10 th day of February to make an Oblation there upon the high Altar of 63 Pence for the Souls of 63 Scholars slain in the time of King Edward 3. This being in the Original gross Superstition is too great a Badg of Popery to be required in a Protestant Vniversity Answ. XI The barbarous Murder of sixty three innocent Scholars which they here own and term a Conflict and the Plunder of the whole University drew a great and just Amercement on the Criminals The City pretended they were not able to pay this Fine without their utter Ruine and did humbly pray and at last obtained from the University a Mitigation of it An annual payment of an hundred Marks was then accepted and this by the further favor of the University was changed into a small yearly Acknowledgment This Ceremony according to the Custom of that Age was not wholly free from Superstition and was therefore by consent of both parties under Queen Elizaheth changed into a Sermon a Communion and Offering The Custom did not take its rise from any gross Superstition unless it be so to make satisfaction for Murder and Robbery and if the continuance of it still displeases them they may put an end to it themselves by discharging their Bonds XII By the said Charter it is granted that Scholars or Priviledg'd Persons shall not be impleaded in the Courts of Westminster for such things as the Chancellor hath cognizance of and that they shall be dismissed from thence without pleading their Priviledg or paying their Fees which doth often fall out to be a very great Oppression to the Officers and Ministers of Iustice for if upon demand of the Vice-Chancellor they do not discharge such Priviledg'd Persons the Vice-Chancellor by colour of this Clause doth imprison the Bayliff as on the 20 th of October last he did on Edward Adams a sworn Bayliff for not discharging Henry Wildgoose who was arrested at the Suit of the City by a Writ issuing out of the Court of Common-Pleas and by colour of the said Clause if any Person sue a Priviledg'd Man in any of the Courts of Westminster the said Vice-Chancellor doth cite the Plaintiff into the Court of the Vniversity for breach of their Statutes and doth condemn him in Expences for suing a Privilegd'd Person out of the Vniversity Answ. XII It seems absolutely necessary as well for the quiet and security of the Scholars as for the better maintaining of discipline among them that their own Governors only should have an immediate jurisdiction over them And therefore there is not any University abroad where the members of it have not a right to be impleaded in their own Forum only and to be exempted from any forraign power This University of Oxford more particularly hath so long enjoy'd this Priviledge that it is not possible to assign the date of the Original grant For since we find the autority of our Court frequently own'd and allow'd under Hen. 3 d. Ed. 2 d. and Ed. 3 d. We have reason to think that this power is as ancient as the University it self Our right to it then is so well founded on reason and immemorial Custom that it is no wonder if we find it anciently in the year books not only acknowledged by the Town but always willingly own'd by the Iudges even before it was as it is now confirm'd by Act of Parliament The Lord Coke especially who is not usually a Friend to any other Courts but those at Westminster doth yet according to the example of his Predecessors make an Honourable mention of this Court and gives that Statute the name of Actus Benedictus that confirm'd it The Procedures of it have always been within the bounds of their ancient Jurisdiction and of this we need have no clearer evidence than that the only Act of injustice here alleg'd is that we discharge our own members and arrest those who deny our Autority and violate our right The Citizens were certainly ill inform'd when for a signal instance of our Exorbitances they charge us only with the due exercise of that power which upon solemn hearings hath twice at least been acknowledg'd at Westminster XIII By the said Charter it is Granted that Priviledged Men shall have as much Liberty to Trade as the Freemen of the said City and by color of this Grant the said Vniversity do take upon them to set up Trades and to License certain Persons whom they call Priviledg'd Persons openly to use Trades and to sell Merchandizes within the said City and Suburbs by Retail which is contrary to the ancient Charters Customs and Priviledges of the said City and to certain Compositions and Agreements made between the said Vniversity and City Answ. XIII Priviledg'd Persons have so ancient a right to the Exercise of any Trade that their prescription to it commences before the oldest Charter to the City and is sav'd by it This right is allow'd in Parliament 18 Ed. 1. declar'd by express words 14 Hen. 8. ratify'd by Statute under Qu. Elizabeth and only more largely explain'd by Car. 1. Limits have since been put to this Priviledge which the University have never transgress'd nor have ever as the Town uses to do Pleaded their Ancient Rights in bar of the subsequent restrictions of it XIV Whereas by certain Compositions heretofore made between the said Vniversity and City the Menial Servants of all Scholars and all their other Servants taking Wages without Fraud or Deceit are to enjoy the Priviledge of the Vniversity the said Vniversity upon pretence of latter Grants have fraudulently and with an intent to weaken the Government of the said City granted colourable Priviledges to divers Members of the City and upon pretence that they were become the under Groom Gardiner or Officer of some Colledge have matriculated them and whilst they have continued Members of the City have administred unto them an Oath to the effect following viz. You shall swear that you shall not attempt any Cause of yours before the Maior or Bayliffs of Oxford neither shall you answer before any of them as your Judg so long as you shall continue a Priviledg'd Person So God c. which in terms is repugnant to the Oath which every Freeman of the City doth take at the time of his admission into the Liberties of the said City and particularly they have within the space of three Months last past matriculated one William Turton upon pretence that the said William Turton was Gardiner of Exeter Colledge Whereas the said William Turton was and yet is a Freeman of the said City and doth continue to use the Trade of a Vintner and obtained the Title of the said Office only to avoid the bearing such Offices in the said City as his Condition and Substance had made him capable of Also one Henry Wildgoose a Freeman and one of the Common-Council of the said City being apprehensive that he
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
2. That the number of poor People both now and heretofore abounding in the City is very much occasioned by the Petitioners illegal erecting of multitudes of Cottages upon the Town wall and Ditch which they rent out to such poor people and thereby much enhance their own Revenues to the prejudice and impoverishing of the University by whose Free and charitable contributions those poor are exceedingly relieved and maintained 3. That if all the Charitable donations given to maintain the Poor of Oxford by several Members of the Vniversity 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 work as we conceive 4. That the improvement desired by the inclosure of Portmead would not be only to the prejudice of the right of several Colleges and their Tenants in respect of their said right of Common therein but to the general impoverishment of the poor inhabitants of the City who claim and use a like right of Common in the said ground which hath been and is a great support to them and therefore when the like design of enclosure hath heretofore been attempted by the richer Citizens it has been mainly opposed and hindred by the poor inhabitants of Oxon and so we conceive they do 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 City have the inheritance of Port-meadow and that it shall be thought fit to give way to such an inclosure as is desired for the ends by them proposed the University 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 Cities pretended Grievances 1. WE answer and say That the University hath time out of mind and are warranted so to do by divers Charters confirmed by Act of Parliament exercised Power and Iurisdiction in all causes mentioned in this Article whereof or wherein a Priviledged person is one party 2. We do claim Allowance of our Priviledge for such Persons justly priviledged as the Chancellor shall under the Common seal certifie to any Court to be so priviledged and 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 Civil Lawes and after witnesses have been openly produced in Court and sworne their examinations are taken in writing by the Judge and Register and then published that all parties may have Copies of them according to the course of the Civil Law the High Court of Chancery and the Admiralty 4. We do not Proceed in an Ecclesiastical way but in causes Ecclesiastical 5. Sometimes heretofore we have used the censure of Excommunication against our own Members at the instance and for the benefit of the Citizens but not so these fifteen or sixteen years 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 fly we do grant Arrests without any previous Citation 7. That our Sentences are as the Petitioners untruly suggest meerly arbitrary and grounded upon no Law but at the will of the Iudge we deny for in his Sentences the Judge followes the Justice and Equity of the Civil 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 because the manner of proceedings there are not as at the Common Law but the party grieved may either appeal or complaine of a nullity and have redress And if it be appealed in the University there are there appointed yearly four or five Doctors and some Masters from the Congregation and Convocation to hear the complaint and from their judgments there lies an Appeal to the Supream Power in Chancery where the Judges of the Land and other learned Lawyers both Common and Civil have usually been nominated Judges Delegates as in the Admiralty and Prerogative Court To the Third The University does claim 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 and this extends as well to Townsmen as Scholars or Strangers But for barely being abroad about a mans own 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 Bayl and shew a reasonable cause of such his being abroad the next day or as soon as he can and upon his so doing he is to be dismissed without any payment 3. If any Proctor have at any time transgressed the just bounds of their power the University does not avow them in it the party grieved may take his course against him To the Fourth The University time out of minde hath used the sole power of admitting or Licensing Common Brewers To the Fifth The University never did challenge or exercise any such power as is mentioned in this Article To the Sixth The University doth not take upon them to Discommon any man at pleasure but only upon very great cause and wrong to the University after monition and due proceedings and that by common consent in Convocation To the Seventh The University by several Charters confirmed by Act of Parliament does require an Oath of the Maior and sixty two Citizens to maintain their lawful Priviledges and so it is expressed in the Oath To the Eighth The University doth challenge by Agreement and Indenture under the common Seal of the Town-Corporation the Offering of sixty three pence yearly by the Maior and sixty two Burgesses But without any relation to the High-Altar or Mass or the Souls of so many persons slain To the Ninth The University by Custome confirmed by Act of Parliament does claime a power to make By-Lawes for the good government of the University and the Peace of the Place in such things as belong solely to the jurisdiction of the University whereby the Townsmen as well as others are obliged in order to the peace and good government of the University But in things that belong to the government of the City we meddle
not To the Eleventh The University claims 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 University does license Taverns in Oxford according to the true intent of the Statute 7 o Edw. 6 â—i and the persons so licensed are and may be Townsmen as well as Priviledged Persons And the City hath no right to set up any To the Fourteenth The University by ancient Custome and several Charters confirmed by Act of Parliament and special Compositions with the City doth Claim that Priviledg'd persons may exercise Trades according to the Law as far forth as any Townsmen But against the Law as not having served as an Apprentice in such Trades where the Law requires it we neither challenge nor exercise any more power then the Citizens themselves To the Second Tenth Twelfth and Fifteenth and part of the Fourth we have forborn to answer in regard the Petitioners have omitted them in their last paper of Grievances of the 10 th of April and by their Councel 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 April 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 Eyre 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 University Court and the jurisdiction thereof is of a higher antiquity then any Charter of the Citizens legally confirmed concerning their Court. 2. For that in the most and principal Charters of the City as also in such Acts of Parliament as tend to the confirmation of them there is an express saving of all the Rights and Priviledges of the University 3. For that it appears by common Practice that the Citizens mutually sue one another in the Courts at Westminster and elsewhere both by original Suits commenced in those Courts and by removing their Suits out of their own Courts by Writs of Habeas Corpus Certiorari and Writs of Error 4. For that they are ordinarily sued by Strangers both in the Courts at Westminster and other Courts and we cannot find that ever they pleaded any such Charter of Exemption or if they did that any such Plea was ever allowed to them Whereas the Universities Priviledge hath been frequently pleaded and in all ages allowed 2. Whereas the Petitioners claim by their Charters the same Liberties and Customs with London We answer 1. The Petitioners have not made it appear nor so much as asserted that London has any such Liberty or custome whereby They may not sue and be sued out of their own Courts 2. That supposing They have such a Liberty or Custome at present yet the Petitioners have not made it appear 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 City of Oxford 3. That divers other Cities and Boroughs in England have by their respective Charters like Grants of the same Liberties with London and Oxon who yet are not exempted from suing and being sued out of their own Courts 4. That it will appear that the most ancient Charter which the City of Oxon can pretend to in relation to the liberties of London is utterly repugnant to it self as to the principal of those Liberties 5. That Custome is the work of time and grows without Charter and therefore can not be granted by Charter 6. That the Customs of London are of great variety to some of which notwithstanding their Charter be general for all the Citizens of Oxon do not pretend and to other some when they have laid claim by suits at common Law by petition to the Lord Maior and Aldermen of London by petition in Parliament and by pleadings in Eyre their claim has not been allowed 3. Whereas the Petitioners suggest that their Fee-Farm would be either lost or lessened in case their suits and trials 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 faln in their Rent but enhaunced their Revenues by Challenging and taking several particulars as belonging to their Fee-Farm which in truth are no part of it 2. That granting the perquisites of their Court from the proper Suiters to be part of their Fee-Farm yet their suing and being sued in the University Court where a Scholar or priviledged person is one party would nothing impair the just perquisites of their Court or Fee-Farm in regard it was never otherwise since they had either Court or Fee-Farm in Oxon. 4. Whereas the Petitioners conceive there are at this present near about a third part of the housholders within the City Priviledged by the University We answer 1. That we conceive a tenth part of the Housholders within the City and Suburbs are not priviledged persons And that as the benefit of their priviledge by the daily growing oppressions and vexation of the Petitioners is in a manner wholy destroyed so the number of priviledged persons is much less than ever it was heretofore within the memory of man 2. That if it were true which the Petitioners suggest it thence follows that the Petitioners by desiring as they do in their Article to restrain all Priviledged persons from exercising any Trade within the City do thereby desire to expose a third part of the Housholders within the City 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 University Court which we conceive we have sufficiently cleared in our former Answer to their First Article of Grievances To the third Reason We answer That there is as quick expedition in our Court as in any other Courts and they may as well object That divers persons commenced several Suits in the Courts at Westminster for just debts due unto them by bond and for injuries committed against them and yet it may be for want of good proof by witness or otherwise as for want of able Councel or careful Atturnies to look well to their pleadings and executions or for want of abilitie in the parties sued after long and tedious suits and much expence have been destitute of any redress and therefore this manner of reasoning is not at all concludent being an argument drawn à non causa ut causa which if it were of any force we might easily turn the edge of it upon the Petitioners by giving instance in a Priviledged person who has a Cause now or lately depending in the Town Court wherein he sues divers Citizens for a just debt
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 welfare but the flourishing condition of the Common-wealth next under God does very much depend We therefore humbly desire and pray That the Golden reins of that ancient Discipline by which both the University and City 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 hands which would we fear engage the members of both Bodies in continual quarrels and open a gap to such sad consequents as we shall be sorry to see but unable to prevent FINIS THE CASE OF THE University of Oxford Shewing That the City is not concern'd to oppose the Confirmation of their CHARTERS by PARLIAMENT Presented to the Honourable House of Commons on Friday Ian. 24. 1689 90. Oxford Printed at the THEATER 1690. THE CASE OF THE UNIVERSITY of OXFORD Shewing that the City is not concern'd to oppose the Confirmation of their CHARTERS by PARLIAMENT THE University desire this Confirmation of their Charters by Act of Parliament only to secure themselves from a return of those Encroachments in any succeeding Reign which they experienc'd in the last For when once the Grants of Kings to the University in general and to every Colledge in particular shall be affirmed by Law it is evident that there will be no pretence nor color left for any Arbitrary Power to violate our Priviledges for the future As the University design'd nothing more by this Bill but this Security to themselves so were they careful to remove from the City all grounds of Jealousie on this occasion And therefore they of their own accord charg'd this Act with a Proviso which fully secures the Rights Liberties and Immunities of the City and puts them wholly out of the reach of this Bill As the confirmation is by Act of Parliament so is the Proviso made by the same Authority and therefore no greater power can secure our rights than that which as Effectually restrains our Encroachments The Town of Cambridge are so sensible of their own Security in this Clause that though they have equal Reason to oppose this Bill as the City of Oxford yet they wholly rest satisfied with the Proviso But the Citizens of Oxford have taken this opportunity to present a List of their old pretended Grievances most of which were offer'd to the Parliament as then call'd in 1649 and rejected even by that Assembly It is conceiv'd that the City of Oxford will by force of the Proviso have the same liberty to dispute the Justice of our Rights after this Act as before it and that therefore they are in no wise concern'd to oppose the Bill but may without danger to them be referr'd to the ordinary course of Law However since they have represented as new Grants the ancient and unquestionable Rights of the University founded on immemorial Customs ancient Charters of Kings and confirm'd all except one by Act of Parliament it hath been thought sit to discover that Fallacy and to give a full Answer to every one of their Articles I. BY a Charter bearing date the 30. day of March 11. Car. 1. the sole Licensing of Taverns is Granted to the Vniversity and all Magistrates and others within or without the Vniversity except the Chancellor and his Vice-Chancellor are prohibited to intermeddle with the Licensing of Vintners in Oxford and none are to License any Ale-houses there but by the Express consent of the Chancellor or Vice-Chancellor and by colour of this Grant they do License Ale-house-keepers and take Recognizances but did never Return any of them to the Quarter Sessions until about ten years last past and have since Returned the same but seldom Whereas by the Statute made 7. Edw. 6 th the Power of granting Wine-Licenses in Oxford is Vested in the City and also by the Ancient Charters of the said City none that is not of the Guild of the said City ought to sell any Wine by Retail in the same and the Magistrates of the said City by several Acts of Parliament have Power as Their Majesties Iustices of the Peace to License Inns and Ale-houses within the said City Answer I. The University claims the sole Licensing of Taverns but derives that Power much higher than from the Charter of Car. 1. The recital and explanation of ancient Priviledges in that Grant will not reduce them to as low a date as the Charter it self And therefore since this Power was originally vested in us at least under E. 3 We still justifie our claim to it as given by him and always sav'd to us in the Statutes of his Successors The 7. Ed. 6. doth not take away this Power but set limits to it it restrains the University to three Taverns only and neither by Letter or Equity enables the City to License any The 12. Car. 2. saves the Rights of the University and takes away all pretences of any right from the City For if that power which is now lodg'd in the University should be taken away from us It is evident That according to the legal exposition of that statute the King only and not the City could have any advantage by our loss For since all independant Corporations which had once an indisputable right of granting Licenses are restrain'd by this Law it is easy even for the City to inferr That a Subordinate Corporation which could heretofore lay no good claim to that power must at least equally be subject to that restraint 2. The Licensing of Ale-Houses is a Right of as ancient a date as the former but not always perhaps in so express words sav'd to us This Power as a branch of the Clerk-ship of the Market was indisputably ours and in all Compositions with the Town was heretofore so esteem'd and allow'd nor is it as we conceive lessen'd by 5. and 6. Ed. 6. For the intent and design of that Act is to permit none to keep an Ale-house but those that are Licens'd by two Justices but not to authorize all to keep one who can obtain that License The Vice-Chancellor therefore doth still retain his Negative Voice nor is it reasonable since the inconvenience of Ill Houses in Oxford would be so great that any should be permitted there without his Consent and Approbation But Lastly it is to be noted That though in the precedent Statute the Rights of the University be not expresly sav'd yet that this Law is no otherwise enforc'd and continued by 1 Iac. c. 9. than that the ancient Priviledges of the University should not be lessen'd by it II. By the said Charter it is Granted that the Chancellor Vice-Chancellor or Proctors shall have Power to search by Day or by Night for suspicious Persons and for such as can
ancient and unquestionable Right already confirmed by Act of Parliament VI. By the said Charter a Grant is made to the Vniversity of two Coroners Whereas time out of mind the City hath had two Coroners who have sate upon all Persons as well Priviledged as Free until the making the said Charter and therefore the City having an Interest in the Coroners before the said Grant the Grant to the Vniversity is void and Inquisitions taken under their Grants Coram non Judice Answ. VI. The University had long before by Charters of Hen. 4. and Hen. 8. power to hear and try all Felonies and Murders committed either by their own Members or against them and therefore it seemed necessary in pursuance of former Rights that for the better Inquiry into those Offences that were afterwards to be finally tryed by them the Coroner should be appointed by their Authority This and this only is the new Grant of Charles the First and is such a Priviledge as may indisputably be granted by him and which cannot be thought to encroach on the Right of the City who still have power to appoint a Coroner for themselves and were forbidden by former Charters to assign one for us The Coroner's Power indeed was before lodged in the Chancellor and Steward and Charles 1. did not so properly create a new Office as divide the different Powers of a former Officer VII By the said Chahter Towns-men are to be Answerable for their Families in Buying and Selling all Wares where either Party is a Scholar and also for all such Persons as they shall harbour in their Houses above three Nights and no Towns-man is to build any Cottages without the Express leave of the Chancellor or Vice-Chancellor which are Restraints inconsistent with the Liberty of a Free-man of England Answ. VII These pretended new Hardships are reasonable and ancient Customs agreeable to our ancient Charters If the Servant sells false Goods the Master is obliged to Restitution if a Man will harbor a Stranger above three days he shall be responsible for him And there is the same reason if a Man do erect a Cottage for the Reception of such persons as if he harboured them himself Now it is not easy to imagine that these Customs which were the known Laws of the Land even before the Entrance of the Normans should be now inconsistent with the Liberty of the People of England and apparent Badges of Slavery VIII The Vniversity hath likewise by the said Charter a Grant of Felons Goods and Power to search and seize such Goods whereas the City doth claim the same by Charters more ancient than any the University pretended to claim by and the University themselves under their Common-Seal have granted that Felons Goods do belong unto the City towards their Fee-Farm And the City having the Charge and Custody of keeping the Gaol and being liable to Escapes and being at the expence of holding Sessions of the Peace and Gaol-delivery four times in the Year and the Execution of Prisoners it may seem unreasonable that the Vniversity should have the Profit of those things which usually belong to other Cities in the same circumstances Answ. VIII Felons Goods do by no ancient Charter belong to the City of Oxford nor can they produce any such Charter antecedent to ours They were always as appears by a multitude of Records heretofore claimed by the King and were by the Sheriffs seised to his use The University were not first intitled to them by the Charter of Charles 1. having enjoyed them long before the Date of that Grant but by the Charter of Hen. 8. confirmed by the Statute of 13 Eliz. We did not therefore indeed lay any claim to them in the Composition under Hen. 6. because there was no reason that we should challenge that which we then had no right to But the Interest of them being then vested in the King was as it lawfully might by Charters of several succeeding Princes transferred to the University 2. It is not unusual in other Cases that Felons Goods should be granted away from those that maintain the Prisoners Nor ought the City especially to complain of their Expences in this kind whose Prisoners chiefly subsist on the Alms of the University However this is matter of Right We insist on authentic Records and Charters and it is a great sign that on their side the Records are deficient when they have this Recourse to Argument IX The Vniversity doth pretend to have a Power to discommon Citizens at their pleasure and to inhibit all priviledg'd Persons to have any Commerce or Trading with them which they sometimes use to the ruin of the Citizens and their Families Answ. IX It is here own'd that the Citizens do wholly subsist by their trade with the University and that the ruine of them and their Families is the necessary consequence of the loss of it This Consideration hath had so good an effect on the University that it hath always inclin'd them to pity and moderation in the Exercise of this power And it might be justly expected that it should likewise have such influences on the Citizens as might hinder them from opposing the just rights of that Body on which they always heretofore were and now confessedly are dependant But if some of them shall still molest the University and disturb our peace and good government We cannot possibly take a juster and milder method of procuring our own quiet than by cutting off all Correspondence with our factious adversaries This right of Discommuning then is a reasonable and as by many precedents can be prov'd an ancient Right of the University and exercised long before that Charter upon urgent occasions but withall so rarely practised that those who now complain of it will hardly be able to remenber one single instance of it Nor ought the Towns-Men to complain of this who have usually made it the Condition of their Leases that they shall not let their Houses to a Scholar as an Under-Tenant and shall never grind at any other than their Mill. X. By the said Charter it is granted that Scholars their Servants and the Servants of the Vniversity shall not be forced to appear at Musters or contribute thereunto and that they shall be discharged of Subsides Reliefs Impositions and Contributions Answ. X. We owe not this Grant originally to Charles the First but derive it from Custom own'd and settled in Parliament 18. Ed. 1. and ever since allowed upon solemn Hearings under Queen Elizabeth and King Iames. This is such a reasonable Priviledge that all Forreign Universities enjoy it Nor is there any ground left for the City's Complaint since it is always provided that those Priviledged persons who exercise Merchandize in the City and share in the Profit should be equally chargeable with the City for such Merchandize XI The Vniversity by means of a Composition made shortly after the Conflict 29 o Edw. 3. and confirmed by the said Charter do require the Maior