case magdalen college case the chancellor of the university of Oxford or  Cambridge shall be allow cognizance of a action bring in the superior court  against the precedent and scholar of a college for good sell and deliver to  their use Henry pl Henry pl roll Abr dyer Inst hard c vent Chan case light Rep  l n Benl Danv cro car head skin vent Mod ld ray ld ray stram salk annal be Rep  will Bl Com l Com dig court p Indebilatus assumpsit against the precedent and  scholar of Magdalen college in Oxford for threescore pound due for butter and  cheese sell to the college the chancellor of the university demand conusance  by virtue of charter of privilege grant to the university by the king  progenitor and confirm by Act of parliament whereby among other thing power be  give they to hold plea in personal action wherein scholar or other privilege  person be modern concern and conclude with a express demand of conusance in  this particular cause Baldwin sergeant their privilege extend not to this case  for a corporation be defendant and their charter mention privilege person only  their charter be in derogation of the commonlaw and must be take strict they  make this demand upon charter confirm by Act of parliament and they have a  charter grant by king Henry the eight which be confirm by the statute  Elizabeth c but the charter of Kino Charles the first which be the only  charter that mention corporation be not confirm by any Act of parliament b the  university of Oxford original hold a court leet but by charter Richard and  Henry confirm by statute Elizabeth c it be incorporate de to make new and with  its other franchise and privilege this of conusance be establish in all plead  for trespass and in all complaint misdemeanour and crime except plead of  freehold where scholar servi or minister are One a part secundum statute well  custom c well secundum law royal power fit will porter ita quod Justicde banc  king de common banc well de assisis non see to send in Inst Litt salk and see  Com dig title university b and consequent be not material as to this demand  for a demand of conusance be strictijuris but admittin it material the king  patent can deprive we of the benefit of the commonlaw and in the  ViceChancellors court they proceed by the civil law if you allow this demand  there will be a failure of justice for the defendant be a corporation can be  arrest they can make no stipulation the ViceChancellors court can issue  distringass against their land nor can they be excommunicate precedent we find  of corporation sue there as plaintiff in which case the aforementioned  inconvenience do not ensue but none of action bring against corporation  Maynard contra servant to college and officer of corporation have be allow the  privilege of the university which they can not have in their own right and if  in their master right strong their master shall enjoy it the word mask in the  demand will include a co poration well enough Vaughan chief justice perhaps  the word and confirmal c in the demand of conusance be not material for the  privilege of the university be ground on their patent which be good in law  whether confirm by parliament or not the word mask do include corporation Inst  per coke upon the statute of Elizabeth c of cottage and inmate a Repealedby  Geo c a a demand of conusance be not in derogation of the commonlaw for the  king a by law grant rashly placita though it may fall out to be in derogation  of westminsterhall nor will there be a failure of justice for when a  corporation be defendant they make they give bind and put in stipulators that  they will satisfy the judgement and if they do not perform the condition of  their modern bind they commit the bail they have enjoy these privilege some  hundred of year ago the rest of the judge agree that the university ought to  have conusance modern er p but Atkins justice object against the form of the  demand that the word mask privilegiara can comprehend a corporation in a  demand of conusance howsoever the sense may carry it in a Act of parliament  Ellis and Wyndham justice if neither scholar nor privilege person have be  mention but a express demand make of conusance in this particular cause it  have then be sufficient and then a fault if it be one in surplusage and a  matter that come in by way of preface shall not hurt Atkins justice it be not  a preface they lie it as the foundation and ground of their claim the demand  be allow as to matter and form