A defence of the rights and priviledges of the University of Oxford containing, 1. An answer to the petition of the city of Oxford. 1649. : 2. The case of the University of Oxford, presented to the Honourable House of Commons, Jan. 24. 1689/90.

To the Fourth and last Reason, We answer.

• 1. That such Courts as ours have been found by long experi∣ence to consist very well with the most flourishing Commonwealths that ever were or are in the world, and with the liberty of those people who had or have no other order or manner of proceed∣ings in their Courts then such as is objected to ours.
• 2. That (as we humbly conceive) the wisdom of this State in former ages thought it fit that our Ancestors should use the pra∣ctise of the Civil Laws in our Court, the better to train up young Students in the knowledge of them, that they might thereby be made more serviceable to the Commonwealth in affairs at home and abroad.
• 3. That our University Court is of such antiquity that the Common Law-Books, and some very ancient, take frequent no∣tice of it, the proceedings thereof being always allowed by the Common-Law. And the Lord Chief Justice Cook in his Book Of the Iurisdiction of Courts in England (lately published by au∣thority of the Honourable House of Commons) makes honou∣rable mention of the Courts in both the Universities.
• 4. That if the Citizens be Plaintiffes (as most commonly they are) besides the expedition which they may find there, they may have the benefit of the Defendants Oath to ease them in their proof; They may have good sureties put into Court not only to bring in the Defendants, but also to pay the Iudgment and Costs of Suit; they may arrest not only the Body of any Priviled∣ged person, but also his goods, debts, and things in Action.
• 5. That though this particular (if it were a grievance) does not only concern the Citizens of Oxon, but all others who shall have any commerce or dealing with Scholars or Priviledged

• persons; yet have no others complained of our Court, and the Petitioners of all others have least cause.
• 6. That we do not challenge or exercise any other jurisdi∣ction over the Petitioners or others in the University Court than the Citizens of Oxon themselves, and all or most other Cities and Boroughs in England do claim and daily practice without contradiction over all other free-born people of the Land; to wit, to Arrest and compel them to answer in their respective Courts, if they can be there legally attached to Answer.
• 7. That we do not claim or exercise any greater or other Pri∣viledge in this particular than (as we conceive) is granted to and used by other Universities in Europe as well as ours; to wit, to sue and be sued before their own Judge: a Priviledge indulged to them and us in favor of Learning; that Scholars may not be called abroad to answer Suits, to the great neglect of their stu∣dies and expence of their time and mony.
• 8. That in mixt Suits where one party is of the Priviledge of the University, and the other of the City, since it cannot be otherwise but such Causes must be heard and determined either in our Court, or the Town Court, or both must be subject to a forreign jurisdiction (which would be equally repugnant to the Priviledges of both Bodies, no way advantagious unto them, and extreamly inconvenient for us) we cannot but conceive it more consonant to justice, and withal more convenient that the Privi∣ledge 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 unto us by Act of Parliament.
  • 2. Because the Judges in the University Court, having no interest in the particular Suits brought before them, cannot be thought other then indifferent; Whereas if Scholars should be Sued in the Town Court where the Maior and Bayliffs, Judges and Jury, are all Tradesmen, it is very much to be feared it would go hard with the poor Scholars.
  • 3. Because (as we humbly conceive) the University is still (as it has alwaies been reputed) the more noble Corporation,

• ...
  • more Serviceable in the publick, and in which the whole Na∣tion has a greater interest than in the City or Citizens; who for the most part are beholding to the University for much of their livelyhood and subsistence (as themselves in the fifth Article do imply) whereas we have no dependence upon them, but only wares for our mony at dear rates.
  • 4. Lastly, Because (as we likewise conceive) if the Petitio∣ners should prove so unfortunately successful in their desires to obtain the liberty of Suing Scholars in their Town-Court, it would prove in the end very prejudical to themselves; for besides that it would minister occasions of discontent and con∣tinual quarrels betwixt the Bodies, it would deter Scholars from having any dealing or commerce with their new Judges the Citizens.