The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
"Whereas there are no more suitable means of allaying the lamentable
dissensions between the University and the Town, which are a sign of the
wrath of the Almighty, than the devout supplications of priests walking
in procession, therefore this ordinance is made for the regulation of
such processions. First shall walk the Chancellor, after him the Doctors
by two and two, in the rank of their several faculties, then Masters of
Arts, then Bachelors in Theology, then Non-Regents, then beneficed
Bachelors, then all other Bachelors, then secular priests non-graduates,
then scholars, all by two and two, and all silently praying for the
King and other benefactors living and dead, and for the peace and
prosperity of the University. Priests non-graduates shall be bound to
attend on pain of a fine of sixpence, but no licentiates of any faculty
soever may in any wise be present at the act."
It would not be fair to conclude this account without giving the
townsmen's version of the way in which the Privilege was exercised. This
can be conveniently presented in the terms of two petitions, one of
which certainly, and the other probably, dates from the second year of
Edward III. (1328). If there be any truth in the allegations, it must be
owned that the Chancellor abused his judicial position to a degree quite
intolerable to the victims.
I
"To the King and Council; the Burgesses of Oxford complain, whereas the
Chancellor and University of Oxford have cognizance of contracts,
covenants, and trespass between clerk and clerk, or clerk and lay, they
encroach on the franchise of the town, and draw to them these contracts,
etc., between laymen, especially in certain gifts and actions brought
before the Chancellor, wherein a clerk has some concern, who, by covine,
are made to incur large sums which were not due, and thus the defendants
are condemned and afterwards excommunicated in all the churches of the
town, unless they agree thereto; and if they are not absolved of the
sentence before the Chancellor, they are despoiled even to their
breeches, and must give all their goods to the clerk. In the same way a
plea of trespass in which there has been a cession to a clerk is made to
terminate in a plea of debt, and thus charges of rent upon free
tenements are proved, against law and in great burden to the tenements
of the town. Thus the Chancellor encroaches on the franchises of the
town, to the damage of the King's profits on writs and issues on pleas
of debts, &c., pleadable before the Justices, or before the Mayor and
bailiffs of the town. And with such proceedings taken before the
Chancellor concerning merchants and other strangers passing through, as
well as residents, the merchants will not repair thither on account of
such evil doings, and the town is thereby greatly impoverished."
II
Public-domain text, read in full here on John Shaqi.
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