in England. The two universities enjoy the sole jurisdiction, in exclusion of the king's courts, over all civil actions and suits whatsoever, 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 charter they are at liberty to try and determine, either according to the common law of the land, or according to their own local customs, at their direction; which has generally led them to carry on their process in a course much conform'd 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 appointed by the congregation; from thence to other delegates 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, under the great seal in chancery.

As to the jurisdiction of the university courts in criminal 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 treason, felony, or mayhem; and the trial of treason, felony, and mayhem, by a particular charter, is committed to the university jurisdiction in another court, namely, the court of the lord high steward of the university.

The process of the trial is this. The high steward issues one precept to the sheriff of the county, who thereupon returns a panel of 18 freholders; and another precept to the bedells of the university, who thereupon return a panel of 18 matriculated laymen, quibus 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.