The answer of the chancellor, masters and scholars of the Vniversity of Oxford, to the petition, articles of grievance, and reasons of the city of Oxon presented to the honorable committee for regulating the University of Oxford the 24. of July, 1649.

To the Fowerth and last Reason, We answer.

1. That such Courts as ours have been found by long experience to consist very well with the most flourishing Commonwealths that ever were or are in the world, and with the liberty of those peo∣ple who had or have no other order or manner of proceedings in their Courts then such as is objected to ours.

2. That (as we humbly conceive) the wisdome of this State in former ages thought it fit that our Ancestors should use the practice of the Civill Lawes in our Court, the better to traine up young Student•• in the knowledge of them, that they might thereby be made more serviceable to the Common-wealth in affaires at home and abroad.

3. That our University Court is of such antiqui∣ty that the Common Law Bookes, and some very ancient, take frequent notice of it, the proceeding•• thereof being alwaies allowed by the Common-Law. And the Lord Chief Justice Cooke in his Book Of the Iurisdiction of Courts in England (lately publish∣ed by authority of the Honorable House of Com∣mons) makes honorable mention of the Courts in both the Universities.

4. That if the Cittizens be plaintiffes (as most commonly they are) besides the expedition which they may finde there, They may have the benefit of the Defendants Oath to ease them in their proofe; They may have good sureties put into Court not on∣ly to bring in the Defendants but also to pay the Iudgement and Costs of Suit, They may arrest not only

the Body of any Priviledged person, but also his goods, debts, and things in Action.

5. That though this particular (if it were a grie∣vance) does not only concerne the Cittizens of Ox∣on, but all others who shall have any commerce or dealing with Schollers or Priviledged persons, yet have no others complained of our Court, and the Petitioners of all others have least cause.

6. That we doe not challenge or exercise any o∣ther jurisdiction over the Petitioners or others in the Vniversity Court then the Cittizens of Oxon themselves, and all or most other Citties and Bo∣roughs in England doe claime and daily practice without contradiction over all other free-borne people of the Land; to wit, to Arrest and compell them to answer in their respective Courts, if they can be there legally attached to Answer.

7. That we doe not claime or exercise any grea∣ter or other Priviledge in this particular then (as we conceive) is granted to and used by other Vni∣versities in Europe as well as ours; to wit, to sue and be sued before their own Iudge, a Priviledge indul∣ged to them and us in favour of Learning; That Schollers may not be called abroad to answer Suits, to the great neglect of their studies, and expence of their time and money.

8. That in mixt Suites where one party is of the Priviledge of the Vniversity, and the other of the Citty since it cannot be otherwise, but such Causes must be heard and determined either in our Court, or the Towne Court, or both must be subject

to a forraigne jurisdiction (which would be equal∣ly repugnant to the Priviledges of both Bodies, no way advantageous untothem, and extreamly incon∣venient for us) we cannot but conceive it more con∣sonant to justice, and withall more convenient that the Priviledge of the Vniversity should herein take place of theirs,

• 1. Because this Priviledge has been anciently granted to us, and we have been many hundred years in possession of it, and it is also confirmed un∣to us by Act of Parliament.
• 2. Because the Iudges in the Vniversity Court, having no interest in the particular Suits brought before them, cannot be thought other then indifferent; Whereas if Scholers should be Sued in the Towne•• Court where the Major and Bayliffes, Judges and Jury, are all Tradesmen, it is very much to be feared it would goe hard with the poore Schollers.
• 3. Because (as we humbly conceive) the Vniversity is still (as it has alwaies been reputed) the more noble Corporation, more Serviceable in the publique, and in which the whole Nation has a greater interest then in the Citty or Citti∣zens; who for the most part are beholding to the Vniversity for much of their livelyhood and subsist••nce (as themselves in the fift Article doe imply) whereas we have no dependence upon them, but only wares for our mony at deare r••tes.
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• 4. Lastly Because (as we likewise conceive) if the Petitioners should prove so unfortunately successefull in their desires as to obtaine the liber∣ty of Suing Schollars in their Towne Court, it would prove in the end very prejudiciall to themselves; for besides that it would minister oc∣casions of discontent and continuall quarrells betwixt the Bodies, it would deterre Schollars from having any dealing or commerce with their new Judges the Cittizens.