The Humble PETITION OF THE Major, Aldermen, Bayliffs, and Commonalty of the City of Oxon, in the County of OXON: TO THE Supreame Authority OF THE NATION, THE COMMONS in PARLIAMENT Assembled.
VVith their Grievances annexed, and the Parliaments Answer thereunto.
LONDON, Printed for Giles Calvert, at the Black-spred-Eagle at the West-end of Pauls, 1649.
ORdered by the Common Assembled in Parliament, That the humble Petition of the Major, Aldermen, Bayliffs, and Commonalty of the City of Oxon, in the County of Oxon, be referred unto
- Sir Arthur Haslerig.
- Sir Iames Harrington.
- Sir Iohn Danvers.
- Mr. Whitlock.
- Mr. Humphrey Edwards.
- Mr. Dove.
- Mr. Whitacre.
- Mr. Say.
- Sr. John Hypisly.
- Mr. Smith.
- Mr. Lemon.
- Mr. Iames Chalenor.
- Mr. Thomas Chalenor.
- Sir Thomas Wroth.
- Mr. Ashe.
- Mr. Allen.
- Mr. Salway.
- Sir G. Norton.
- Alderman Wilson.
- Mr. Millington.
- Mr. Oldsworth.
- Colonel Ven.
- Colonel Moor.
- Lord Gray.
- Mr. Fenwick
- Mr. Scot.
- Mr. Garland.
- Mr. Love.
- Mr. Masham.
- Mr. Boon.
- Mr. Bosvile.
- Mr. Blackistone.
- Mr. Pury.
- Mr. Weaver.
- Mr. Gurdon.
To the Supream Authority of the Nation, the Commons in Parliament assembled.
The Humble Petition of the Major, Aldermen, Bayliffs, and Commonaltie of the City
of Oxon, in the County of Oxon.
THat they taking notice of the late memorable Acts of Parliament, made for regulating of the Privy Councel, and for taking away of the Court of Star-Chamber, the high Commission Court, and others of the like nature; and being thereby made sensible of your worthy intentions to disinslave the free-born People of this Nation from all manner of Arbitrary Judicature or Power, and enable them to live like Freemen under the known Laws of this Land; are thereby at this present emboldned to make known unto you, the most intollerable sufferings and oppressions, which they for a long time past, and yet by an Arbitrary and unlimited power exercised over them by the University 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, [Page 4]taxes, and quartering of Souldiers are very much impoverished, and their City abounding with such multitudes of poor people, that they are not able to relieve them without provision of a convenient stock wherewithall to set them on work; for the raising whereof, there is a certain large piece of ground, called Portmeade, lying neer the said City, wherein your, Petitioners have the Inheritance, and the Village of Woolvercot only Common of pasture therein by reason of vicinage, which being, enclosed and leased out for certain years would raise a convenient stock for the relief and setting on work of the said poor. The which your Petitioners are very desirous, and have much indeavoured to effect, but have been, and still are hindred in these their pious, and good intentions, by the Inhabitants of Woolvercot aforesaid; Albeit your Petitioners have been, and are willing to allow them a proportionable quantity of ground, to be allotted them out of the said ground in lieu of their said Common.
Your Petitioners likewise humbly pray, that they be enabled by Authority of this present Parliament, to enclose, and demise for some competent number of years, the said ground called Portmeade, for the use aforesaid, leaving a proportionable quantity of ground, or otherwise allowing some sufficient recompence unto the said Inhabitants of Woolvercot in lieu thereof,
All which we refer to the wisdom and judgment of this Honorble 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.
- 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 maine felony & freehold) & they claime 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 Excclesiasticall way, by citation, excommunication, and the like, contrary to the course of the Common Laws; and their sentences are not grounded upon any certaine Law, either Civil, Canon, Statute, or Common Law, but secundum equum & bonum, and meerly Arbitrary, at the will of the Vice-Chancellor, or his Vice-Chancellor against whose sentence, how unreasonable soever, no Writ of Error will be by them allowed, or other redress 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 lawful power they take upon them to make Proclamations, thereby imposing not only penary 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 & 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 persuit of hue and cry; or Aldermen of the City, or Justices of the Peace, [Page 6]in conveying of Malefactors to the Goal, or the like; and so default of present payment of the 40 s. to send them to prison, there to continue until satisfaction made tot he 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 Alehouse-Keepers, but never return 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 proviledged 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 meer Usurpations and Incroachments 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 Major, and sixty two Burgesses of the City, to come yeerly 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 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, the reby to binde 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, [Page 7]which Office of Right belongeth to the City by their ancient Charters, and Usage, time out of minde.
- 11. They claim Fellows Goods, and Deodans, by their new Charter, albeit the City time out of memory hath enjoyed, and hath right unto them by their ancient Charters, as they conceive; and albeit, the City be at the charge of keeping of Fellons, and of the delivery of them.
- 12. The Market, the Soyl, and the Streets belong to the Citizens, together with Toll, Stallage, and Picage, yet the University claimeth all these; and divers times by Proclamation alter the Market days, whereas the University have onely the Clarkship of the Market, and the perquisites, and profits thereof, belong to the City toward their Free-farm Rent.
- 13. They set up divers Taverns in Oxon, and will not permit the City to set up any, contrary to the true intent of the Statute of 7. Ed. 6.
- 14. They claim power to set up Trades within the City, and to authorize Forraigners to exercise any Trade there, as fully as a Freeman of the City; and that albeit such Forraigner never served as an Apprentice.
- 15. In case the City punisheth any irregular Freeman for 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 Colledg, 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.
THe House being informed that there were Gentlemen of Oxfordshire at the door, they were called in, and the May or of Oxford presented a Petition to the House, which after the Petitioners were withdrawn, was read, and was Intituled, The Humble Petition of the Mayor, and Aldermen Burgesses and Commonalty of the City of Oxon, in the County of Oxon.
Ordered, That the consideration of the Petition of the Mayor, Aldermen, Burgesses and Commonalty of the City of Oxon, and the Particulars thereunto annexed, be referred to the same Committee, to whom the Petition of the Inhabitants of the County of Oxon is referred.
The Petitioners being called in, Mr. Speaker by Command of the House, gave them this Answer:
Mr. Mayor of Oxford, and you the Aldermen, and others, the House hath read your Petition, and are sensible of any grievance that may happen to the people, and in particular, of any grievance that may happen to you, and have appointed a Committee to sit this afternoon in the Dutchy Chamber to take your Petition into consideration; and for the manner of delivering your Petetion, They take notice of your modesty and good affections, and have commanded me to return you thanks, and I do in their names returns you thanks for your good affections.