UNIVERSITY COURTS, in England. The two univer-
sities enjoy the sole jurisdiction, in exclusion of the
king's courts, over all civil actions and suits whatso-
ever, where a scholar or privileged person is one of the
parties; excepting in such cases where the right of
freehold is concerned. And then by the university char-
ter they are at liberty to try and determine, either ac-
cording to the common law of the land, or according
to their own local customs, at their discretion; which
has generally led them to carry on their process in a
course much conformed to the civil law.
This privilege, so far as it relates to civil causes, is
exercised at Oxford in the chancellor's court; the judge
of which is the vice-chancellor, his deputy, or assessor.
From his sentence an appeal lies to delegates appoint-
ed by the congregation; from thence to other dele-
gates of the house of convocation; and if they all three
concur in the same sentence, it is final, at least by the
statutes of the university, according to the rule of the
civil law. But if there be any discordance or variation
in any of the three sentences, an appeal lies in the last
resort to judges delegates appointed by the crown un-
der the great seal in chancery.
As to the jurisdiction of the university-courts in cri-
minal matters, the chancellor's court at Oxford, and
probably also that of Cambridge, hath authority to try
all offences or misdemeanors under the degree of trea-
son, felony, or mayhem; and the trial of treason, fe-
lony, and mayhem, by a particular charter, is commit-
ted to the university jurisdiction in another court, name-
ly, the court of the lord high steward of the university.
The process of the trial is this. The high stew-
ard issues one precept to the sheriff of the county, who
thereupon returns a panel of 18 freeholders; and an-
other precept to the bedells of the university, who there-
upon return a panel of 18 matriculated laymen, laicos
privilegio universitatis gaudentes; and by a jury formed
de medietate, half of freeholders and half matriculated
persons, is the indictment to be tried; and that in the
guildhall of the city of Oxford. And if execution be
necessary to be awarded in consequence of finding the
party guilty, the sheriff of the county must execute the
university process; to which he is annually bound by
an oath.