CHANCELLORS' COURTS IN THE TWO UNIVERSITIES. Courts of local jurisdic tion, resembling borough courts, in and for the two Universities of Oxford and Cam bridge in England. 3 Bla. Com. 83. These are courts subsisting under ancient charters granted to these universities and confirmed by act of parliament. If the defendant be a member of the University of Oxford resi dent within its limits, the suit must be in this court, although the plaintiff is not con nected with the university or resident there, and although the cause of action did not arise within its limits ; Odgers, C. L. 1030, citing 16 Q. B. D. 761. The rule at Cam bridge is the same, except that the privilege cannot be claimed if any person not a mem ber of the university be a party. The Uni versity of Oxford claims a similar privilege in criminal matters when any member of the university, resident within its limits, is de fendant or prosecutor; Odgers, C. L. 1030; 4 Inst. 227; Rep. t. Hardw. 341; 2 Wils. 406; 12 East 12; 13 id. 635; 15 id. 634; 10 Q. B. 292. This privilege of exclusive jurisdic tion was granted in order that the students might not be distracted from their studies and other scholastic duties by legal process from distant courts.
The most ancient charter containing this grant to the University of Oxford was 28 Hen. III. A. n. 1244, and the privileges there by granted were confirmed and enlarged by every succeeding prince down to Hen. VIII., in the 14th year of whose reign the largest and most extensive charter of all was grant ed, and this last-mentioned charter is the one now governing the privileges of that uni versity. A charter somewhat similar to that of Oxford was granted to Cambridge in the third year of Elizabeth. And subsequently
was passed the statute of 13 Eliz. c. 29, whereby the legislature recognized and con firmed all the charters of the, two universi ties, and those of the 14 Henry VIII. and 3 Eliz. by name (13 Eliz. c. 29); 16 Q. B. D. 761 (Oxford), 12 East 12 (Cambridge), which act established the privileges of these uni versities without any doubt or opposition.
It is to be observed, however, that the privilege can be claimed only on behalf of members who are defendants, and when an action in the High Court is brought against such member the university enters a claim of conusance, that is, claims the cognizance of the matter, whereupon the action is with drawn from the High Court and transferred to the University Court ; 16 Q. B. D. 761, Procedure in these courts was usually reg ulated according to the laws of the civilians, subject to specific rules made by the vice chancellor, with the approval of three of his Majesty's judges. See (as to Oxford) 25 & 26 Viet. .c 26, § 12. Under the charter of Henry VIII. the chancellor and vice chancellor and the deputy of such vice chancellor are justices of the peace for the counties of Oxford and Berks, which juris liction was confirmed in them by 49 & 50 Viet. c. 31; 3 Steph. Com. 325.
The judge of the chancellor's court at Ox ford was a vice-chancellor, with a deputy or assessor. An appeal lay from his sentence to delegates appointed by the congregation, thence to delegates appointed by the house of convocation, and thence, in case of any disagreement only, to judges delegates ap pointed by the crown under the great seal in chancery; 3 Steph. Cora., 11th ed. 325.