Universities of Oxford and Cambridge Act 1859

1859 CHAPTER 19 22 and 23 Vict

An Act to repeal Part of an Act passed in the Thirteenth Year of Elizabeth, Chapter Twenty-nine, concerning the several Incorporations of the Universities of Oxford and Cambridge, and the Confirmation of the Charters, Liberties, and Privileges granted to either of them.

[13th August1859]

. . .F1 : And whereas by Letters Patent, dated the Twenty-ninth Day of May in the Thirty-second Year of the Reign of His late Majesty King Henry the Third, the said King did grant to the Scholars of the University of Oxford, amongst other things, that so often and whensoever the Mayor and Bailiffs of Oxford should take the Oath of their Fealty in their common Place, the Commonalty of the same Town should inform the Chancellor, in order that, if he wished, by himself or by some chosen Persons, he might be present at the taking of the aforesaid Oath, which Oath indeed as to the aforesaid Scholars should be of this Sort, that is to say, that the Mayor and Bailiffs themselves should keep the Liberties and Customs of the aforesaid University, otherwise their Oath should be of no avail, but should be taken again according to the prescribed Form; but if the Chancellor should not wish to be present, either by himself or by a Proctor, the Oath should nevertheless be taken: And whereas Provisions in relation to the Observance of the same Oath, or an altered Oath in lieu thereof, have been made by subsequent Letters Patent granted by Kings and Queens of this Realm to the Chancellor, Masters, and Scholars of the University of Oxford, and also by Orders of the Privy Council made in the Reigns of Queen Elizabeth, King James the First, and King Charles the Second: And whereas by the Statutes of the University of Oxford, which the Chancellor and Vice-Chancellor of the University have taken their respective Oaths to observe and perform, it is enjoined on each of them that they do exact the said annual Oath of the Mayor and Burgesses of Oxford: And whereas the Mayor, Aldermen, and Citizens of the City of Oxford desire to be relieved from the Obligation of taking any such Oath, and the Chancellor, Masters, and Scholars of the University of Oxford are willing that the said Mayor, Aldermen, and Citizens should be so relieved, but they are advised that such Relief can only be granted by the Authority of Parliament:

Textual Amendments

F1 Words recite Oxford and Cambridge Act 1571 (c. 29), ss. 2, 4, 5, 7.

Modifications etc. (not altering text)

C1 Short title given by Statute Law (Repeals) Act 1977 (c. 18), Sch. 3

I Repeal of Duty to take Oath. U.K.

So much of the herein-before recited Act of Parliament, and of all Charters, Letters Patent, Orders in Council, Obligations, Deeds, or Instruments, as imposes upon the said Mayor, Aldermen, and Citizens, or any of them, or any Municipal Officer of the City of Oxford, the Obligation of taking any Oath for the Conservation of the Liberties and Privileges of the University of Oxford, or any such Oath as is herein-before referred to, shall be and the same is hereby repealed and annulled and made void.

Modifications etc. (not altering text)

C2 The “herein-before recited Act of Parliament” means Oxford and Cambridge Act 1571 (c. 29)

II Prohibition of any Requisition to Mayor, &c. to take Oath. U.K.

The Mayor, Aldermen, and Citizens of Oxford shall not hereafter, nor shall any of them, nor shall any Municipal Officer of the City of Oxford, be required to take any Oath or to make any Declaration for the Conservation of the Liberties and Privileges of the University of Oxford:Provided always, that, notwithstanding anything herein contained, the Mayor, Aldermen, and Citizens of Oxford, and all Officers of the same City, shall observe and keep all manner of lawful Liberties and Customs which the Chancellor, Masters and Scholars of the said University have reasonably used, without any Gainsaying; saving nevertheless, the Fidelity of the said Mayor, Aldermen, Citizens, and Officers to the Queen’s Majesty, and saving also the Liberties and Privileges of Right belonging to the said Mayor, Aldermen, and Citizens, and to the Officers of the said City.