The answer of the chancellor, masters and scholars of the Vniversity of Oxford, to the petition, articles of grievance, and reasons of the city of Oxon presented to the honorable committee for regulating the University of Oxford the 24. of July, 1649.

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.

* 1.1THat Schollers and Priviledged persons draw Towns∣men 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 rea∣sons.

[ 1] First, for that by the ancient Charter of Hen. 1. Hen. Hen. 2. Edw. 3. and divers other subsequent Charters con∣firmed by act of Parliament and allowed by Justyces in Eyre and in the Courts at Westminster, they ought not to be im∣pleaded out of their own Court, but to have their tryall in their own Court according to the Customes and usages of London, for that they are by their Charters to enjoy the same libertyes and customes, and the Perquisites and Profits of their Court are parcell of their Fee-farme which would be left or at least wise lessened in case that their suit•• and tryals should be in the Chancellours Court, as well where a priviledged person is Plaintiff•• as Defendant: (there being at this present neare about a third part of the Householders within the Citty priviledged by the University as in con∣ceived.

[ 2] Secondly, For that the proceedings in the Universi∣ty Court are by citation Viis & Modis, Libell, Excommu∣nication, and the like, and the sentences of the Chancellor, or his Vicechancellor, or Commissarye not confined or ty∣ed to any certeine Lawe, either Civill, Cannon, or Common Lawe. But either according to any of these, or according to the Customes & statutes of the Universitye heretofore used

or h••reafter to be ordeined, or according to his and their best discretion, notwithstanding any statute whatsoever either made or to be made, against whose sentence (be the same just or unjust) there is no remedy either by removing the cause to any of the Courts of Westminster either of Law or equitie or otherwise then before themselves.

Thirdly, for that diverse Citizens have commenced seve∣rall [ 3] 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 desti∣tute of any redresse there at all.

Fourthly for that (as the Cittizens conceive) that Court [ 4] and the order and manner of their proceeding•• consisteth not with the present Constitution of the Commonwealth or the Libertye of the People, this particular not onely con∣cerning the Cittizens of Oxon, but all others who shall have any commerce or dealing with a Scholler or a Privi∣ledged Person.

The Vniversity claimeth a power to imprison,* 1.2 and to im∣pose a mulct of 40••. upon any Cittizen being out of his house after nyne a clocke at night without such reaso∣nable cause as the Procters or Vicechancellor shall allowe of•• the Procter having the benefit of the Mulct, and this hath beene exercised not onely upon private Cittizens but upon the publique Magistrates and Officers of the Citty, as Bailiffes, Constables, and the like being in the execution of their offices to preserve the peace, to pursue Hue and Cryes to keepe watch and ward, Convey offenders to prison by vertue of the Iustyce of peace warrants, to prevent es∣capes from the Gaole, whereof the Bailiff••s have the chardge and the like, which the Cittizens conceive to be a great Greevance contrary to the great Charter and other lawes to their Native and just liberties, the rather for that the fyve Aldermen and eight Assistants of the Citty, besides what the Law of the Land requires are by their Auncient Charters and by their Oathes bound to search for and ap∣prehend

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 pay∣ment upon a Cittizen that is abroad after such a tyme a∣bout his lawfull occasions, and to make the Proctor judge in his owne cause whether it was a lawfull occasion or no••, he being to have the 40••. And for a civill man to goe to the Vicechancellor for leave to be out of his house after nyne of the clocke or not to stirre abroad before 4 of the clocke in the morning is conceived by us to be a greater tyrannye then is fi•• for any freeman to beare,

* 1.3That the Vniversitye have heretofore restrained all Ba∣kers and Brewers within the precincts of the Citty and Suburbs thereof to bake or brew within the Citty, except they first take a Lycence from the Vniversity, for which they challenge 17••. 8••, and also enforceth them to take an oath to observe such assize as the Vicechancellor from time to time shall appoint, the which the Cittizens conceive to be a Greevance and a burthen both in respect of the money extorted from them•• there being no such somme of money due by the Lawes of this Land for such lycence, a•• also for that they conceive it most proper and peculier for the Citty to set up and order Trades within the Citty where they served as Apprentice, and for other re••sons hereafter men∣tioned in the Greevance concerning Trades being contrary to the Liberty of the People•• and privil••dge no waies sui∣table or proper (as the Ci••tizens co••ceive) for Schollers to pretend unto.

* 1.4The Vice-chancellour heretofore hath by power pulled down some Cittizens houses of habitation for which there as yet hath no satisfaction been made either to the Tenant or ••enants in possessi••n, or to the Ci••iz••ns who ••••d the i••∣heritance

thereof•• as namely in particuler the house of one Tredwell, then worth 10l. per annum, and the house of one Master Chambers worth 6l. per•• annum, for which it i•• con∣ceived the University ought to make satisfaction both to the Tenants and the Citty.

The Cittizens conceive it to be a great pressure and in∣consistent with the Principles of charity, or the liberties of the people, or the lawes of the Land to inhibit all the Members or priviledged persons of the University to have any commerce•• trade, or dealing with such Citizens as the Vice-chancellour or Proctor at their liberty shall dislike, it being a meanes to breed enmity betweene neighbour and neighbour; and to hinder mutuall amitye betweene friend and friend, as also tending to a Monopoly of Trading, and done for the maintaining of some private interest, of meere will and power against the publique interest of the Citties Liberties. And also to the utter ruine and destruction at their pleasure of any Citizen and his family in their Trade••

Touching the Oath that the Vniversity demandeth of the Ma••or and of the Cittizens.

The Cittizens take it as a grievance and burthen to their [ 6] Consciences, (which they hope the wisdome and Piety of the Parliament will not suffer) to have an Oath imposed upon them in Generall Tearmes to mainteine the Priviled∣ges of the University, the Citizens not knowing what they are. And the University pretending all to be just which they claime; And besides the Maior by his oath is bound to mainetaine all the rights and liberties of the Citty, many of which do clash and stand in opposition to divers of those which the Universitye claime.

The Citizens finde themselves very much agreeved that [ 7] the Maior and 62 Cittizens with him should be compelled to come to St. Maries yearly upon the tenth day of Febru∣arye to make an oblation there at the high Altar of 63 pence for the soules of 63 schollers or Priviledged persons slaine in the time of Edw. 3••. This in the Originall being grosse ••uperstition and the memorye and continuance of it to be

totally abolished without any memoriall thereof to be ob∣served. And therefore hope and desire that one Inden••ture and one obligation of the penalty of 1000 markes en∣tered into by the Citty unto the University in these dayes of superstition, for the continuance of that superstitious anniversary, may be delivered up to the Cittizens to be cancelled, and the obloquie put upon the Citizens by reason of this Ceremonye quite abolished, And whereas the Uni∣versity now sayth that they wil be content with the 5s. 3d per annum and dispense with the superstitious Ceremonye•• the Cittizens desyre by the wisdome and Authority of Par∣liament they shallbee excused from any such acknowledg∣ment of that servile and superstitious nature, Not that wee would contend with the Vniversity for such small matters (towards whom we ever have, and shall respective∣ly Comport our selves) but that we may not part with our liberties at any rate nor beare witnesse against the truth.

[ 8] The Vniversity claimeth power to make Bilawes to bind the Inhabitant•• of the Cittye, and to lay both pecu∣nia••y Mulcts and imprisonment upon the breakers thereof as upon Taylors that have made Gownes after other fashi∣ons then have beene set downe in their Private orders, which they Cittizens conceive to be an unjustand arbitrary practice•• That they should be bound by such lawes as they never knew, nor ever consented uto by themselves or any representative. And their estates and persons should bee lyable to the pleasure of other•• to whose Acts or Actions they are no wayes Privye, and is as they conceive contrary to the fundamentall lawes of this Land, and the liberty of freemen of this Nation.

[ 9] The Vniversitye claimeth Fellon's goods and Deodands which the Cittizens take as a Greevance for that by their Auncient Charters they are by apt words granted unto them And moreover the Cittizens have the Custodye and charge of the Gaole and of the Prisoners, and the power to deli∣ver the Gaole and lyable to all escapes, And it seemeth un∣reasonable that Cittizens should be at all th•• ch••rge and the

Vniversitye to have all the profit, and such persiquites (be∣sides for the reasons aforesaid) may seeme not very proper nor convenient for schollers to trouble themselves withall.

The Vniversity inhibiteth the Citty from setting up any Tavernes within the Citty, or the selling of Wine by retaile, the which the Cittizens conceive to be against the true meaning of the Stat. 7. Edw. 6. And against diverse of the aun••ient Charters of the Citty, and therefore desire that this grievance likewise may be redressed.

The Vniversity assumeth power to set up Trades within [ 11] the Citty, and to authorize Forraigners to exercise Trades there, albeit they never serv'd as an Apprentice, the which the Cittizens take as a great Greevance and oppression, It being granted unto them by divers and sundry auncient Charters and confirmed in Parliament That no person or persons whatsoever, who are not of their Guilde shall set up any Trade•• or sell by Retaile with the••, much lesse that such that have not served as Apprentices, nor are liable to performe duties or servi••es of the Commonwealth as they pretend.

The Cittizens are willing that the Vniversity may enjoy and continue all just and due Priviledges, which either make for the advancement o•• Learning, or are fit for them to enjoy, but any priviledge or practize, which exalts it selfe above the power of the Civill Magistrate, which i•• founded upon superstition or Tyranny, or which is inconsi∣stent with the freedome and just Immunities of a subject or free Cittyzen, they hope and earnestly pray may be by the wisdome and goodnesse of this Parliament qui••e abolished.

Notes

• * 1.1

  1. Greevance
• * 1.2

  •• Greevance
• * 1.3

  3 Greevance
• * 1.4

  4 Greevance