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 6. 1649.

To the Supream Authority of the Nation, the Commons in Parlia∣ment 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 memora∣ble 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 na∣ture; and being thereby made sensible of your worthy intentions to disinslave the free••borne People of this Nation from all manner of Arbi∣trary 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 o•• Oxon, hav•• under-gone, and at this time suffer, as by particulars hereunto annexed may appear;

And for redress whereof your distressed Petitioners h••mbly impl••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 wherewith∣all 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 Inheritāce and the Village of Woolvercot only Common of pasture therein by reason of vicinage which being enclosed & lea∣sed 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 endea∣voured to effect, but have been, and still are hindred in these thei•• 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 en∣close, and demise for some competent number of years, the said ground called Portmeade, for the use aforesaid, leaving a proportionable quantitie of ground, or other∣wise 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 claim∣ed, and at several times put in execution against them by the University.

1. THe University claimeth power to determine all con∣troversies whatsoever, between any persons whatsoe∣ver, 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 Ec∣clesiasticall way, by citation, excommunication, and the like, contrary to the course of the Common Laws; and their sen∣tences are not grounded upon any certain Law, either Civil, Canon, Statute, or Common Law, but secundū equū & bonū, and meerly Arbitrary, at the will of the Vice-chancellor, or his Vice-chancellor against whose sentence, how unreasona∣ble soever, no Writ of Error will be by them allowed, or o∣ther red••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 mu••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, dwel∣ling within five miles of Oxon.

3. They claim & exercise a power over the Citizens, to im∣pose 40 ••. upon any Citizen, being found out of his house af∣ter 9 of the clo••k, albeit it be in the summer time; and albeit they be Constable in their search for Fellons, upon persuit of 〈◊〉〈◊〉 & cry; or Alde••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 pri∣son, 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 Oath•• are bound to pre∣serve.

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 Mas•• for the souls of the sixty three slaughtered persons; for the non-performance where∣of, they give forth, That they will put a bond in suit•• 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 Coro∣ners,

which Office 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 en∣joyed, 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 Proclama∣tion 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 per∣mit 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 Forraign∣er never served as an Apprentice.

15. In case the City punisheth any irregular Freeman for misdemeanour, or make any By-law for regulating of such misdemeanor, they presently become servant to some Master of Art••, or else to be an under Gardner to some Colledge, or Hall, and thereby exercise their Trades, in contempt of the City, and their By-laws, & refuse to pay any payments with the City, except such as shall be warrantable under the S••al of the University••

April. 30. 1649.

A Particuler of the Grievances of the City of Oxon against the Universitie of Oxon, together with the reasons thereof exhibited unto the Honorable Committee for the regulating the said University, according to the directions of an Order of the said Committee of the 26. of this instant April. 1649.

* 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