The case of the city of Oxford shewing how far the said city is concerned to oppose the confirmation of the charters and pretended priviledges of the University by Parliament. 1687 Approx. 17 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). A31137 Wing C1034 ESTC R3581 12245518 ocm 12245518 56927

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 Early English books online. (EEBO-TCP ; phase 2, no. A31137) Transcribed from: (Early English Books Online ; image set 56927) Images scanned from microfilm: (Early English books, 1641-1700 ; 623:16) The case of the city of Oxford shewing how far the said city is concerned to oppose the confirmation of the charters and pretended priviledges of the University by Parliament. 4 p. s.n., [S.l. : 1687] Caption title. Reproduction of original in Bodleian Library.

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 eng University of Oxford -- Charters. Oxford (England) -- History. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2009-04 Assigned for keying and markup 2009-05 Keyed and coded from ProQuest page images 2009-06 Sampled and proofread 2009-06 Text and markup reviewed and edited 2009-09 Batch review (QC) and XML conversion
THE CASE OF The City of Oxford: SHEWING How far the ſaid CITY is Concerned to Oppoſe the Confirmation of the CHARTERS, and Pretended Priviledges of the Univerſity by PARLIAMENT.

I. BY a Charter bearing date the 3o day of March 11o Car. 1 mi. the ſole Licenſing of Taverns is Granted to the Univerſity, and all Magiſtrates and others within or without the Univerſity (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 Stattue made 7o Edw. 6th. 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 Juſtices of the Peace, to Licence Inns and Ale-houſes within the ſaid City.

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 give no Account of themſelves, and to puniſh ſuch as are faulty by Impriſonment, Baniſhment, or otherwiſe, with a Mandate to the Mayor and Officers of the Town to be Aſſiſtant to the ſearch after ſuch Offenders; and by colour of this Charter, and a pretended Cuſtom they claim a Power to Impoſe Forty ſhillings upon any (whether Citizen or Stranger) • being out of his Houſe or Lodging after Nine of the Clock; which they have Exerciſed not only upon Private Citizens, but upon the Magiſtrates of the City in the Execution of their Offices, and have Impriſoned the Conſtables for keeping Watch and Ward according to the Statute of Wincheſter, which is a great Invaſion upon the Liberty of the Subject, and hath been often ſo declared in Weſtminſter-Hall; wherefore it is humbly hoped this Parliament will not Affirm the ſame by a Law.

III. By the ſaid Charter the Clerkſhip of the Market is Granted to the Univerſity, with free Power to Diſpoſe of the Stalls and Standing-Places in the Markets, to have the full Government of the Markets, and to take Toll in the Markets; Whereas the Univerſity hath only a Title to the Clerkſhip of the Market, (and that did Anciently belong to the City;) but the Markets, and the Placing of them, and all Stallage, Piccage, and Toll, and all others Profits therein, by ancient Uſage and Preſcription, do yet belong unto the City; and for the Profits thereof, the City doth Pay a large Fee-Farm to Their Majeſties. So that in caſe the ſaid Charter ſhall be confirmed by Parliament, the ſaid City will looſe the ſaid Markets and Profits ariſing thereby, which is a very conſiderable part of that Revenue, whereby the Corporation is maintained and ſupported.

IV. Power is given to the Univerſity, by the ſaid Charter, to hold a Court-Leet, or view of Frank Pledge as well over the Town, and all the Inhabitants as over the Univerſity; that it ſhall be a full and compleat Leet, and that the Univerſity ſhall have the Perquiſites thereof, and Power to Diſtrain for the ſame. Whereas the City hath Five Leets, one Abſolute and Compleat for North-gate Hundred, and four other for the Four Wards within the City, and therein have all the Power of Leets; Except, 1ſt. the Enquiry into the Aſſize and Aſſay of Bread, Beer, and Wine. 2d. The Examination of Weights and Meaſures. 3d. The Puniſhment of Fore-ſtallers, and Regraters. 4th. The Puniſhment of Putrid Victuals. 5th. The Puniſhment of thoſe who wear Arms in the Univerſity; And, 6th. the Survey of the High-ways, and Streets; which being Anciently likewiſe in the City, were 29o Edvardi the 3d. ſurrendered into the King's Hands, and by Him Granted to the Univerſity; and for theſe Six Points the Univerſity have ever ſince 29o Edvardi 3d. held a qualified Leet over the City and Suburbs, for ſo much, and for ſo many Things and Inquiries as were given to the Univerſity 29o Edvardi 3d. And this Leet is to be ſerved by a mixt Jury, one half Priviledged Men, and the other half Free; and the Penalties impoſed by the ſaid Univerſity in this Leet are to be Eſtreated, and ſent to the City, and to be Levied by them to their own uſe towards their Fee-Farm.

V. By the ſaid Charter it is Granted, that the Univerſity ſhall have Power to make Orders and Laws to bind all the Inhabitants in the ſaid City. Whereas the City and Univerſity are Two diſtinct Corporations, and the one in no ſort Subordinate to the other; and therefore it is not reaſonable that the Citizens ſhould be bound by Laws, which they never conſented to by themſelves or their Repreſentatives.

VI. By the ſaid Charter a Grant is made to the Univerſity 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 Univerſity is void, and Inquiſitions taken under their Grants Coram non Judice.

VII. By the ſaid Charter 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.

VIII. The Univerſity 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 pretend 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 Goal, and being liable to Eſcapes, and being at the Expence of holding Seſſions of the Peace, and Goal-delivery four times in the Year, and the Execution of Priſoners; it may ſeem unreaſonable that the Univerſity ſhould have the Profit of thoſe things, which uſually belong to other Cities in the ſame circumſtances.

IX. The Univerſity doth pretend to have a Power to Diſcommon Citizens at their pleaſure, and to inhibit all Priviledged perſons to have any Commerce or Trading with them, which they ſometimes uſe, to the ruine of the Citizens and their Families.

X. By the ſaid Charter it is Granted, that Scholars, their Servants, and the Servants of the Univerſity, ſhall not be forced to Appear at Muſters, or contribute thereunto; and that they ſhall be Diſcharged of Subſidies, Reliefs, Impoſitions, and Contributions.

XI. The Univerſity, by means of a Compoſition made ſhortly after the Conflict 29o Edw. 3d. and Confirmed by the ſaid Charter do require the Mayor, and 62 Citizens with him, Yearly upon Scholaſticas-Day, (which is the Tenth 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 the Third: This being in the Original groſs Superſtition, is too great a Badge of Popery to be required in a Proteſtant Univerſity.

XII. By the ſaid Charter it is Granted, that Scholars or Priviledged 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 Priviledge, or paying their Fees, which doth often fall out to be a very great Oppreſſion to the Officers, and Miniſters of Juſtice; for if upon demand of the Vice-Chancellor they do not diſcharge ſuch Priviledged perſon, the Vice-Chancellor, by colour of this Clauſe, doth Impriſon the Bailiff; as on the 20th of October laſt he did one Edward Adams, a Sworn Bailiff, 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 priviledged Man in any of the Courts of Weſtminſter, the ſaid Vice Chancellor doth Cite the Plaintiff into the Court of the Univerſity for Breach of their Statutes, and doth condemn him in Expences for Suing a Priviledged perſon out of the Univerſity.

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 colour of this Grant, the ſaid Univerſity do take upon them to ſet up Trades, and to Licenſe certain Perſons whom they call Priviledged 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 Univerſity and City.

XIV. Whereas by certain Compoſitions heretofore made between the ſaid Univerſity and City, the Menial Servants of all Schollers, and all their other Servants taking Wages without Fraud or deceit, are to enjoy the Priviledge of the Univerſity, the ſaid Univerſity upon pretence, of later 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 Mayor, or Bayliffs of Oxford, neither ſhall you Anſwer before any of them as your Judge, ſo long as you ſhall continue a Priviledged 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 ſhould be choſen into the Office of Chamberlain of the ſaid City, to avoid the ſame about two days before the Election for the ſaid Office, did procure himſelf to be Matriculated, upon pretence that he was a Groom to one Doctor Iriſh, although the ſaid Henry Wildgooſe did, and yet doth continue the Trade of a Painter, within the ſaid City; and hath no further relation to the ſaid Dr. Iriſh, than to protect himſelf againſt the ſaid City; and by colour of the ſaid Matriculation, the ſaid Henry Wildgooſe being Elected Chamberlain of the ſaid City, did and yet doth refuſe to accept the ſaid Office, and is protected in his Diſobedience by the Univerſity, by which means other Citizens are encouraged to withdraw themſelves from their Majeſties Service in the ſaid City.

It is to be noted that in 14 H. 8. the ſaid Univerſity by the means of Cardinal Woolſey, did obtain a Charter, which Granted unto them an Arbitrary Power in their Courts, and many things which were the undoubted Rights of the City, and was very injurious to the Priviledges of the Citizens; the Univerſity in 22 H. 8. laboured to obtain a Confirmation of this Charter in Parliament but in vain; a Bill was brought in for that purpoſe, but rejected; and afterwards the ſaid City having Exhibited a Bill in Chancery againſt the ſaid Univerſity, and thereby complained that the ſaid Charter was deſtructive of all their Rights and Priviledges; the ſaid Univerſity anſwered, That although the King by means of the ſaid Cardinal had Granted the ſaid Charter, yet they had not, nor ever intended to put the ſame in Execution. Nevertheleſs the ſaid Univerſity 13 Eliz. prevailed for a Confirmation of the ſaid Charter by Parliament; in like manner the ſaid Univerſity by the means of Doctor Laud then Archbiſhop of Canterbury, did obtain the ſaid Charter 11 Car. I. and have ſuppreſſed the ſame ever ſince without attempting to get it Confirmed. But now upon pretence of ſecuring themſelves againſt the dangers of Popery and Arbitrary Government, have obtained leave to bring in a Bill for the Confirmation of their Charters; and have brought in a Bill for that purpoſe, and thereby it is Enacted that the ſaid Charter 11 Car. I. ſhall be good, effectual and available in the Law to all intents and purpoſes as amply, &c. as if the ſame were recited Verbatim in the ſaid Act; with a Proviſo that the ſaid Act ſhall not extend to the prejudice of the Priviledges and Liberties of Right belonging to the Mayor and Burgeſſes of the ſaid City, (which is not the name of the ſaid Corporation) but that they ſhall be free in ſuch ſort as they were before the making of the ſaid Act. By which Charter and Bill (if it paſs into a Law) all the Rights and Cuſtomary Priviledges of the ſaid City will be veſted in the ſaid Univerſity, and the Citizens of Oxford (who are Members of a diſtinct Corporation) will become ſubject to the Univerſity; nor will the Proviſo in the ſaid Act be any ſecurity unto them, for many of the Priviledges of the ſaid City will not be ſaved or affected by it; and the City of Oxford being Intituled unto the ſeveral Priviledges before ſpecified (except Felons Goods, and the power of granting Wine-Licenſes) by uſage and preſcription only, they can never hereafter have any benefit of that Proviſo, or intitle themſelves unto any thing comprized in that Charter, without proving the particular Uſage and Cuſtom at the time of making the ſaid Act, which in a ſhort time will be impoſſible for them to do, but the Proviſo will ſerve only to engage the two Bodies in continual Diſputes and Controverſies.

The Citizens of Oxford do with as much zeal deſire the Eſtabliſhment of the ſaid Univerſity, and their ſecurity againſt Popery, and Arbitrary power, as any of their own Members; but in regard nothing is granted by the ſaid Charter 11 Car. I. which may conduce to thoſe ends, but the ſame doth tend only to give them Dominion over the Citizens, and to inveſt them with the Liberties and Franchizes which of Right do belong unto the ſaid City, the Citizens of Oxford, who in all circumſtances have behaved themſelves with as much courage, reſolution and conſtancy in defence of the Church of England, as any of the ſaid Univerſity, do Humbly hope that they may have the protection of the preſent Government, and that being Members of one of His Majeſties Free Cities, they may partake in that common Liberty which he hath purchaſed for all the People of England.