fhe IhiiVerfify oP Ox-fr-rc) -Jrom an. ^ Lii'TTtinafidJi in ^he C/irtnce&rsJXeiftjrer aSLOODEN A HISTORY OK THE UNIVERSITY OF OXFORD FROM THE EARLIEST TIMES TO THE YEAR 1530. H. C. MAXWELL LYTE, m.a., f.s.a., DEPUTY KEEPER OF THE PUBLIC RECORDS. LONDON : MAC MI LEAN AND CO. AND NEW YORK. 1886. ^^ ,, LIBRARY \_<^ SAiVTA BARBARA ALM^ MATRI OXONIENSIS PREFACE HE favourable reception which was given to my "History of Eton College" some years ago has encouraged me to attempt a " History of the University of Oxford." There is a certain affinity between the two subjects, but the second is by far the more important and the more complex. Few institutions in Europe can boast a higher antiquity than the University of Oxford ; few have a wider reputation. Amid the political, religious, and social changes of mediaeval and modern times, it has enjoyed a continuous existence of more than six centuries, retaining a great part of its original organisation, and many of its ancient character- istics. It has given to the country a long series of eminent statesmen, churchmen, and scholars ; and it has received from successive kings charters investing it with peculiar and important privileges. Various movements affecting the nation at large have had their origin at Oxford, and the affairs of the University have at almost every stage been closely connected with those of the State. It has been my endeavour to trace the origin and develop- ment of the Universit}', and its relations towards the b 2 viii' PREFACE. authorities claiming civil or ecclesiastical jurisdiction in Oxford in the middle ages. I have therefore recorded at some length the successive incidents of the protracted struggle between the clerks and the townsmen, a struggle which ended in the complete triumph of the academical over the municipal body. " The University," says the late Mr. J. R. Green, " found Oxford a busy, prosperous borough, and reduced it to a cluster of lodging-houses. It found it among the first of English municipalities, and it so utterly crushed its freedom that the recovery of some of the commonest rights of self- government has only been brought about by recent legislation." The history of the University in the middle ages, indeed, is not that of a body of sequestered students, intent only upon the advancement of learning ; it is rather that of a society of men swayed by every current of popular opinion, and often separated from one another by differences of race, of language, of profession, of political sentiment, and of religious conviction. " North against South, Scotch against Irish, both against Welsh, town against gown, academics against monks, nominalist against realist, juniors against seniors, the whole University against the Bishop of the diocese, against the Archbishop of the province, against the Chancellor of its own election, were," as Dean Stanley remarks, " constantly arrayed against one another." I have in a separate chapter attempted to describe the ancient organisation of the University, illustrating it by numerous references to the contemporary statutes of the Universities of Paris and Cambridge. Without attempt- ing a detailed history of the different Colleges, I have given some account of the foundation of each, prior to the year 1530, with an abstract of the statutes by which it was PREFACE. ix originally governed. At the outset, however, I must warn my readers against the common error of supposing that the Colleges formed the component parts of the University to which they were affiliated. As will appear in the following pages, the University was a flourishing institution long before the establishment of the oldest College, and the influence of the Colleges did not become predominant until near the close of the period embraced in this volume. The chapters relating to the Colleges, have, in fact, little bearing upon the general history of the University, and they may almost be regarded as appendices. Considering how fully M. Haureau, Mr. MuUinger, and others, have discussed the history of scholastic philosophy, I have not thought it necessary to dwell at great length upon the character of the studies that were pursued in the universities of mediseval Europe. Nor have I entered into minute details concerning the history and topography of the town of Oxford, subjects which will, I hope, ere long receive adequate treatment at the hands of a local antiquary. The plan at the end of the last chapter will perhaps sufficiently indicate the relative positions of the different colleges and religious houses shortly before the general suppression of the latter by Henry VIII. It does not, however, profess to give the form or dimensions of structures that no longer remain. I have in the text briefly noticed the chief academical buildings, but technical accounts of them would be more appropriate in a separate work, for which Mr. J. \V. Clark's splendid " Architectural History of the University and Colleges of Cambridge " might well serve as a model. The authorities upon which this volume is based consist parth' of manuscripts prcser\ed in the Public Record Office, X PREFACE. in the British Museum, and in Hbraries at Oxford, Lambeth, Paris, and other places, and partly of chronicles and other printed books. Antony Wood's great work on the " History and Antiquities of the University of Oxford" has been constantly before me, though I have rarely had occasion to quote it. Rejecting his and other abstracts as unsatis- factory, I have gone to the original authorities, but I have not hesitated to avail myself of any good transcripts that have been available for my purpose.^ Frequent references will therefore be found to the manuscript collections of Thomas Smith, of University College, in the Library of the Society of Antiquaries, to Hare's Register of Privileges in the British Museum, and to Bryan Twyne's voluminous collections, preserved among the archives of the University. Untrustworthy as a historian for lack of the faculty of weighing evidence, Twyne was an industrious transcriber, and it was from his manuscripts that Wood obtained most of the materials for the earlier part of his " Annals." Although fully aware that my work is unworthy of the great subject with which it deals, I may plead that it is the first attempt at a consecutive history of the University. Wood was avowedly an annalist, who recorded events, not always accurately, under particular )'ears, without at- tempting to classify them, or show their connexion with one another.^ Subsequent writers have generally taken him ' The references given in brackets indicate the places where tran- scripts may be found of the docu- ments cited immediately before them. ^ The discrepancies between the dates given by Wood and those given in this book are, in many cases, due to the fact that he followed the legal year, beginning on the 25th of March, whereas I have uniformly followed the his- torical year, beginning on the ist of January. PREFACE. xi as their sole authority for the history of the University, or, while treating of all the Colleges in turn, have practically ignored the existence of the University itself. The recent foundation of the " Oxford Historical Society " encourages the hope that in the future there will be more of independent research. Its publications will doubtless supply details concerning the internal history of most of the Colleges, especially during the sixteenth, seventeenth, and eighteenth centuries. With regard, however, to the general history of the University during the middle ages, I fear that the researches of the Society are not likely to reveal the existence of many im- portant documents other than those to which references will be found in the following pages. The materials for such a history often fail just at the point where fuller information would be desirable, and the formal Latin writs from which I have sought to extract all available information do not afford the lively pictures of academical life that are to be found in the English State Papers and familiar letters of a subsequent period. In the absence of authentic records, little can be said about the early life of some of the most distinguished men who have taught in the schools of Oxford. When I began this History of the University, it was my intention to bring it down to a very recent period, and I have made some collections with that object. Finding, however, that there is no prospect of my being able to proceed with it otherwise than slowly, I now issue a single volume, which is, I trust, complete so far as it goes. It remains for me to express my thanks to those who have helped me in my work. The Bishop of Chester, the Rev. C. W. Boase, and Mr. C. Branch, have very kindly read most of the pages in proof, and favoured mc with valuable xii PREFACE. corrections and suggestions. For access to manuscripts or other assistance, I am indebted to Lord Harlech, the Master of University College, the Provost of Queen's College, Mr. C. L. Shadwell, Mr. James Parker, Mr. C. T. Martin, Mr. F. Madan, and Mr. Gamlen. Two whom I would have mentioned among these have passed away, the late Warden of Wadham, and the Rev. H. O. Coxe, whose kindness I can never forget. Mr. Lionel Muirhead has, by permission of the Rev. T. Vere Bayne, Keeper of the Archives at Oxford, made for me a careful and exact draw- ing, of which a photographic reproduction is given on the frontispiece. The only other adornments of the book, the headpieces and tailpieces, have been copied or adapted, by my wife and Mr. Anderson, from woodcuts, mostly of early date. H. C M. L. 3, PoRTMAN Square, W. 7 December, 1886. CONTENTS. CHAPTER I. PAGE Oxford in the Tenth and Eleventh Centuries The Domesday Survey The Castle Origin of the Mediaeval Universities The System of Academical Degrees Regents and Non-Regents Origin of the different Faculties Ecclesiastical Authority at Paris The earliest Schools at Oxford Subjects of Study Robert Pullus Vacarius Civil Law and Canon Law Jurisdiction of the Bishop of Lincoln Giraldus Cambrensis A Foreign Student at Oxford Cosmopohtan Character of the Mediaeval Universities .... i CHAPTER 11. A.D. 1208 1272. Dispersion of the University Humiliation of the Townsmen Re- establishment of the University Jurisdiction of the Chancellor Edmund Rich Origin of the Mendicant Orders The Dominican Convent at Oxford Study of Aristotle The Jews at Oxford Arrival of the Franciscans Anecdotes of the early Franciscan Scholars Robert Grosseteste jNIigration of Scholars from Paris Contests with the Townsmen Attack on the Papal Legate Punishment of the Clerks Grosseteste as Bishop of Lincoln Study of the Bible St. Frideswyde's Chest Attack on the Jewry Aymar de Lusignan Murder of a Scholar Charter of Privileges CONTENTS. Increasing Authority of the Chancellor Visit of Archbishop Boniface National Differences Removal of the Dominican Convent Popularity of the Franciscans Adam Marsh Quali- fications for Degrees Importance of the Liberal Arts Roger Bacon Jurisdiction of the Chancellor Richard of Wych Thomas Cantilupe Great Riot Migration to Northampton Punishment of the Jews Cross near St. Frideswyde's i6 CHAPTER III. Origin of the Collegiate System The Chantry of Alan Basset The Bequest of William of Durham Origin of Balliol College Walter de Merton Origin of ]Merton College Ordinance of 1264 En- largement of the Scheme Purchase of Land Statutes of 1274 Reforms of Archbishop Peckham Origin of University College Ordinances of 1280, 1292, and 131 1 Development of the House of Balliol 69 CHAPTER IV. A.D. 1273 1334. Francesco d'Accorso Dante Thirst for Learning The La Fytes at Oxford Population of the University Extravagant Estimates Celebrity of the University Promotion of Graduates Poverty of the University Bishop Cobham's Library The House of Congre- gation Establishment of Chests Rewley Abbey Gloucester College Career of a Benedictine Student The Monks of Durham Ambitious Schemes of the Dominicans Controversy between the University and the Dominicans The Thomist Philosophy John Duns Scotus Value of Logic Realists and Nominalists William of Ockham Aggressiveness of the Franciscans Estab- lishment of the Carmelites Feud between the Clerks and the Townsmen Enactment against Retailers Grievances of the Townsmen- The Great Riot of 1298 Humiliation of the Towns- CONTENTS. men Development of the Chancellor's Authority Struggle with the Bishop of Lincoln Controversy with the Archdeacon- Internal Dissensions Condemnation of Heretical Doctrines Feud between Northerners and Southerners Lawlessness of the Clerks Prohibition of Jousts Secession to Stamford CHAPTER V. Progress of the Collegiate System The Origin of Exeter College Stapledon Hall Bishop Stapledon's Statutes Foundation of Oriel College The Original Statutes The Lincoln Statutes Ordinance of 1329 Foundation of Queen's College Statutes of 1340 Enlargement of Merton College Removal of University College Changes at Balliol College Sir Philip de Somerville's Statutes 137 CHAPTER VI. A.D. 13351377- Pre-eminence of the University of Oxford Richard of Bury Durham College Benedictine Students Increasing Power of the Chan- cellor The Great Riot of 1354 Rout of the Clerks Interdict on Oxford Enlargement of Privileges Humiliation of the Townsmen Commemoration of St. Scholastica's Day Agreement with the Archdeacon Fresh Struggle with the Bishop of Lincoln Dignity of the Chancellor Robert Stratford Supremacy of the University Lawlessness of the Clerks Arrogance of the Friars Richard Fitz-Ralph The Great Pestilence Canterbury College Eject- ment of John Wyclif Bishop Cobham's Library Scottisli Students at Oxford 156 CHAPTER VII. The Origin of New College William of Wykeham Purchase of Land Erection of Buildings Winchester College Architectural Genius of the Founder The Plan of New College The Warden CONTENTS., PAGE and his Duties The Manner of electing Scholars Studies of the Scholars Prayers to be said Meals Disciplinary Rules The Library Death of the Founder 183 CHAPTER VIII. Academical Life in the Middle Ages Popular Character of the Universities The Journey to Oxford Admission to the Uni- versity Chambers and Halls The Principals of Halls The Manciples Contents of a Clerk's Room Books in Use General Sophisters Ouestionists Determiners Bachelors of Arts The Licence to Teach TheVesperies The Ceremonies of Inception Regents and Non- Regents Payments for Lectures The Faculty of Medicine The Faculty of Civil Law The Faculty of Canon Law The Faculty of Theology The Cost of Inception- Lectures Ordinary, Cursory, and Extraordinary The Schools- Division of the Academical Year Processions Funerals The Bedels The Proctors The Chancellor The Academical Courts ^Convocation^The Faculty of Grammar 195 CHAPTER IX. The mythical Origin of the University Claims asserted in 1296 and 1322 Walter Burley's Opinion Ranulph Higdcn Camden's Edition of Asser The Liber dc Ilyda The Benedictine Tradition Legend of the Greek Philosophers Testimony of the pseudo- Ingulf The Origin of University College Suit with Edmund Franceys Petition of 1379 The Forged Charter of 1220 Opinions of different Historians Controversy between the Convent of St. Frideswydc and the University The forged Bond of 1201 238 CHAPTER X. Early Life of John Wyclif Ejectment from Canterbury College- Embassy to Bruges Wyclif as a Schoolman Wyclif at St. Paul's Action of Gregory XL Hesitation of the University Wyclif at Lambeth The " Poor Priests " Translation of the Bible The CONTENTS. xvii PAGE Eucharistic Controversy Condemnation of Wyclif s Opinions WycliPs " Confession " Attack on the Friars Nicholas Hereford Proceedings at Black Friars The " Council of the Earthquake " Decree of the Archbishop Excitement at Oxford Repyng- don's Sermon Submission of the Chancellor Appeal to John of Gaunt Flight of Hereford and Repyngdon Act for the Arrest of Heretics Proceedings against Henry Crumpe Submission of Repyngdon and others Later Submission of Hereford Convo- cation at St. Frideswyde's Immunity of John Wyclif Character of Wyclif s Writings Action against the Lollards Unpopularity of the Friars Enactment against Unlicensed Preachers The Statute " De Haretico Comburendo " Forged Testimonial in favour of Wyclif Arundel's Constitutions Final Struggle of Lollardism at Oxford Condemnation of Wyclif s Doctrines The Council of Constance Exhumation of Wyclif s Body 249 CHAPTER XL A.D. 1378 142I. Intellectual Torpor Statutes against Provisors Promotion of Graduates Henry V. Appointment of a Steward Visitations by Archbishops Courtenay and Arundel Visitation by Bishop Repyngdon The Papal Schism Action of the Universities of Paris and Oxford Proposals for Ecclesiastical Reform Progress of the Religious Orders The Library Chests Disturbances Welshmen and Northerners Expulsion of Irish Clerks Reform of Discipline 287 CHAPTER XII. A.D. 1422 1485. Continued Decline of the University Relaxation of Discipline Erection of the Divinity School^Cardinal Beaufort's Bequest Bishop Kemp's Benefaction The Library Humphrey, Duke of Gloucester Donors of Books Foundation of new Chests Privi- leges The Chancellorship of Oxford Time-serving Policy of the iii CONTENTS. PAGE University George Neville Noblemen at Oxford Acts of Re- sumption Visits of Edward IV. and Richard III. Rupture between the Universities of Paris and Oxford The Councils of Basel and Ferrara Irish Clerks at Oxford National Differences Statute against Chamberdekens^Turbulence of the Clerks Intestine Controversies Claims of the Lawyers Proceedings against Heretics The Oxford Press Enlargement of Gloucester College Foundation of St. Mary's College and St. Bernard's College 314 CHAPTER XIII. The Origin of Lincoln College Richard Fleming Death of the Founder Erection of Buildings Thomas Rotherham, the Second Founder Statutes of 1480 The Origin of All Souls' College Henry Chicheley Connexion with Henry VI. The Site and Buildings The Statutes Benefactors after Chicheley The Origin of Magdalen College William Waynflete Magdalen Hall Enlargement of the Scheme The Buildings The Statutes. 344 CHAPTER XIV. A.D. 1485 1509. Accession of Henry VII. Correspondence about Bishop Stillington Royal Visit Benefactions of Henry VII. Arthur, Prince of Wales The Lady Margaret Contests for the Office of Bedel The Chancellorship Bishop Russell Cardinal Morton Bishop Smyth Archbishop Warham St. Mary's Church The School of Canon Law Riots Pestilences The Renaissance Petrarch and Boccaccio The Study of Greek Guarino's English Pupils Cornelio ViteUi William Grocyne Thomas Linacre The Humanists and the Church John Colet Erasmus at Oxford . . 369 CHAPTER X V. The Origin of Brasenose College William Smyth and Richard Sutton -The Statutes The Collegiate Buildings Benefactions The CONTENTS. xix TACE Origin of Corpus Christi College Richard Fox Alteration of the original Scheme The Buildings The Statutes Influence of the Renaissance New Statutes for Balliol College 396 CHAPTER XVI. A.D. 1509 1530. Archbishop Warham as Chancellor Wolsey's Power Proposed Revision of the Academical Statutes Submission to Wolsey Appointment of the Proctors Controversies between the Uni- versity and the Town John Haynes Riots Charter of Privileges Arbitration rejected Excommunication of the Mayor Pesti- lences The Sweating Sickness Decay of the Academical Halls Revived Study of Greek Greeks and Trojans Sir Thomas More's Remonstrance Linacre's Lectureships Lectures provided by Wolsey Foundation of Cardinal College Suppression of St. Frideswyde's and other Religious Houses The Buildings The Statutes Rise and Spread of Lutheranism The Cambridge Students at Oxford Proceedings against Garret Dalaber's Narrative Committee on Heresy The King's Divorce Opinions of the Universities Fall of Wolsey Confiscation of Cardinal College Conclusion 418 Plan TO illustrate the Topography of Oxford in ad. 1530 INDEX 487 ERRATA. Page go, line 17, for " Rue de Fouarre " read " Rue du Fouarre.' 334, line 17, for " Innocent IV." read " Innocent VIII." HISTORY UNIVERSITY OF OXFORD. CHAPTER I. Oxford in the Tenth and Eleventh Centuries The Domesday Survey The Castle Origin of the mediaeval Universities The System of Academical Degrees Regents and Non-Regents Origin of the different Faculties Ecclesiastical Authority at Paris The earliest Schools at Oxford Subjects of Study Robert Pullus Vacarius Civil Law and Canon Law Jurisdiction of the Bishop of Lincoln Giraldus Cambrensis A foreign Student at Oxford Cosmopolitan Character of the mediaeval Universities. HE University of Oxford did not spring into being in any particular year, or at the bidding of any particular founder : it was not estab- lished by any formal charter of incorporation. Taking its rise in a small and obscure asso- ciation of teachers and learners, it developed spontaneously into a large and important body, long before its existence was recognised by prince or by prelate. There were cer- tainly schools at Oxford in the reign of Henry I., but the B 2 THE TOWN OF OXFORD. previous history of the place docs not throw much light on their origin, or explain the causes of their popularity. The town seems to have grown up under the shadow of a nunnery, which is said to have been founded by St. Frides- wyde as far back as the eighth century. Its authentic annals, however, begin with the year 912, when it was occupied and annexed by Edward the Elder, King of the West Saxons.' To him is doubtless due the great mound at its western extremity, which must have been thrown up in order to command the passage of the river Thames. One of the King's sons, Alfward by name, died at Oxford in 924.^ Notwithstanding its partial destruction by the Danes, and its ready submission to Sweyn, Oxford was considered a place of great strategical importance in the eleventh ccntury.3 Its position on the borders of Mercia and Wessex rendered it also particularly convenient for parleys between Englishmen and Danes, and for great national assemblies.4 There Harold Harefoot was proclaimed King by the Witenagemot in 1036, and there he died three years later. 5 The formal division of the town into parishes must have been made at an early period, the churches of St. Martin, St. Aldatc, St. Edward, St. Mildred, and St. Ebbe, having probably been dedicated to their respective patrons before the invasion of England by the Normans. The name of Port-Meadow recalls the common rights of pasture that the townsmen have enjoyed for upwards of eight hundred years.^ It is not known whether Oxford offered any active resistance to the arms of the Conqueror, though the large number of houses described in the Domesday Survey as ' Anglo-Saxon Clironiclc, (ed. vol. i. pp. 409, 462 ; vol. ii. p. Thorpe) vol. ii. p. 78. ; 498. ' Ibid. p. 84. 1 5 Anglo-Saxon C/irotticic, vol. ii. 3 Ibid. pp. 115, 118. I p. 131 ; Freeman, vol. i. p. 539. * Ibid. p. 120; Freeman's Eng- \ '^ Freeman, vol. v. p. 516; Green's lish Towns and Districts, p. 252 ; History of tlic English Pcoplr, History of t lie Norman Conquest, vol. i. p. 215. THE TOWN OF OXFORD. 3 " waste," or uninhabited, seems to indicate that many of the townsmen must have been killed or ousted by the Normans.^ The population in the time of Edward the Confessor has been estimated at three thousand, and that in 1086 at only seventeen hundred.^ Several houses were granted to foreigners on condition that the occupants should, when required, assist in repairing the fortifications, and Robert d'Oili, a Norman baron, was appointed Constable of Oxford. Under his directions the great mound of Edward the Elder was, in 107 1, strengthened by the erection of a formidable castle at the point where the artificial lines of defence joined the waters of the Thames. ^ The massive towers of St. George's in the Castle, and St. Michael's at the North Gate, designed partly for warlike, and partly for ecclesiastical purposes, are lasting memorials of the time when Oxford was an almost impregnable stronghold.-* The position of the original church of St. Peter le Bailey testified, until lately, to the great width of the bailey or open court by which the Castle was formerly surrounded.^ In the later years of his life, Robert d'Oili set himself to repair the parochial churches within and without the walls of Oxford, and to build a great bridge on the north side of the Castle.^ Under his protection the town began to regain its former prosperity, and occasional visits from the Kings of England in the twelfth century tended to enhance its reputation. The siege of the Castle by Stephen in 1141, memorable for the romantic escape of the Empress Matilda across the frozen river, is the last military event of importance ' Freeman, vol. iv. pp. 18S and 778. ^ See Air. James Parker's very valuable paper On iJie History of dc Abingdon, (ed. Stevenson) vol. ii. p. 3. " Freeman, vol. iv. pp. 46, 734 ; vol. V. p. 636. Oxford during tJie Tenth and j ^ xhe present church was built Eleventh Centuries. ^ Annates Monasiici, (ed. Luard) \ol. iv. p. 9 ; Ch/'onico/t Monasterii in 1S74 on a new site. ^ Citron. Monast. de Abingdon vol. ii. pp. 14, 15. B 2 4 EARLY UNIVERSITIES. in the annals of mediaeval Oxford.' Retaining for a while its rank as one of the chief centres of political life in the south of England, and as a suitable meeting-place for parliaments and synods, Oxford became thenceforward more and more distinctively known as a seat of learning and a nursery of clerks.^ The schools which existed at Oxford before the reign of King John, are so seldom and so briefly noticed in con- temporary records, that it would be difficult to show how they developed into a great university, if it were not for the analogy of kindred institutions in other countries. There can be little doubt, however, that the idea of a university, the systems of degrees and faculties, and the nomenclature of the chief academical officers, were alike imported into England from abroad. They seem to have originated in the schools of Paris and Bologna, which attained celebrity at the beginning of the twelfth century, and became the models for other schools in different parts of Europe. The lectures that were then given at Paris by Guillaume de Champeaux, and at Bologna by Irnerius, attracted large audiences from various quarters, and the number of teachers increased in proportion with the increasing number of learners. Voluntary associations were, before long, formed at both places, for the purpose of securing uniformity ot discipline, and defend- ing the common interests of teachers and pupils, and associa- tions of this kind came to be known as stitdia, and eventually as Huiversitates? The true meaning of the term University is frequently misunderstood. According to some, a university is a place at which all the arts and sciences are taught ; according to others, it is a collection of semi-independent colleges of ' Gcsta Stcp]iani, (ed. Sewcll) p. ^ Freeman, vol. v. p. 319. 87 91 ; Gervase of Canterbury, (ed. "^ Maiden, On the Origin of Stubbs) vol. i. p. 119 125 ; vol. ii. Universities. p. 74, 75; Freeman, vol. v. ]>. 310. / . ACADEMICAL DEGREES. 5 students. Neither of these definitions, however, will stand the test of history, for there have been great and learned universities neither professing to impart universal knowledge, nor boasting a single affiliated college. Indeed in the earliest and broadest sense of the term, a university had no necessary connexion with schools or literature, being merely a com- munity of individuals bound together by some more or less acknowledged tie. Regarded collectively in this light the inhabitants of any particular town might be said to constitute a university, and in point of fact the Commonalty of the towns- men of Oxford was sometimes described as a university in formal documents of the middle ages.' The term was, however, specially applied to the whole body of persons frequenting the schools of a large studiinn. Ultimately it came to be employed in a technical sense as synonymous with studinni, to denote the institution itself This last use of the term seems to be of English origin, for the University of Oxford is mentioned as such in writs and ordinances of the years 1238, 1240, and 1253, whereas the greater scat of learning on the banks of the Seine was, until the year 1263, styled "the University of the ]Masters," or " the University of the Scholars," of Paris. ^ The system of academical degrees dates from the second half of the twelfth century. Teachers who had served a long apprenticeship in the schools were naturally distrustful of any ambitious new-comer who, like Abelard, presumed to lecture on a subject in which he had not himself followed a regular course of instruction. ^ After the manner therefore of the mediaeval traders and craftsmen, they banded themselves together into exclusive societies which may fairly be described as guilds of learning. It became a fundamental ' Twyne ^IS. vol. xiv. f. 414. Discussions, (ed. 1853) pp. 494, = Patent Roll, 22 Hen. III. m. I 495. 13; Munimcnta Acadciiiica, (ed. ^ Aht\^x6..,HistoriaCalmnitatnin, Anstcy) pp. 8, 25 ; Thurot, De 1 cap. viii. ; Jourdain, bidex cJiroiio- r Ori:;anisiXtioii de l' EnscigncDioit, ' logicus C/iaflariun Univcrsitatis p. 1 1, and errata; SirW. Hamilton's Parisicnsis, p. ii. 6 ACADEMICAL DEGREES. rule of all these societies that nobody should be allowed to teach without a formal licence.^ In the words of Mr. Mullinger, " the possession of a university degree was originally nothing else than the possession of a diploma to exercise the function of teaching." ^ The graduate was styled a Magister, a Doctor, or more rarely a Professor, of the subject on which he had received licence to lecture, the three titles signifying alike that he was actually a teacher, and not merely, as now, that he had passed certain examinations or performed certain exercises. Thus far then these appellations were purely descriptive, indicating a vocation rather than an honorary rank. They only acquired their technical sense when they began to be retained for life by persons who had ceased to teach. It is easy to understand how the change came about. The name of Master was as music in the ears of scholars who by their talents had raised themselves from the plough ; it was highly prized even by scholars of noble birth. Retired teachers, who, as parish priests or otherwise, continued to reside in the immediate neighbourhood of a university, did not cease to be members of the academical body; the licence formally bestowed on them was not wholly withdrawn. They often took part in the deliberative assemblies of the Masters, and, under certain circumstances, they were free to resume their lectures. A distinction was indeed made at an early date between the Rcgcntes, who had the actual management of the schools, and the Non-Rcgciites, who had abdicated their functions in this respect, but Regents and Non-Regents were alike styled Masters. 3 In other words, the name of master was retained by men who were no longer engaged in the work of teaching, just as nowadays the name of barrister is retained by men who no longer practise at ' ATaldcn, pp. 15, 16, 54. = Tiic University of Cambridge, p. 78. ^ At Bolo.trna the actual teachers were st}led Legeiites, tlie retired teachers A^on-Legentes. Savigny, GescJiielite des I\ihnischen Rccliis, cap. xxi. 70. FACULTIES. 7 the bar. At this stage it had begun to indicate a title or degree rather than a vocation. The term Bachelor, which generally indicated an apprentice, and specially an aspirant to knighthood, was used in a technical sense at all the medieval universities, to denote a student who had ceased to be a pupil, but had not yet become a teacher. The degree of Bachelor was in fact an important step on the way to the higher degree of Master, or Doctor.^ The term Faculty, which was also common to all universities, and originally signified the capacity to teach a particular subject, came to be applied technically to the subject itself, or to the authorised teachers of it viewed collectively.^ Thus there might be separate Faculties of Theology, Law, Medi- cine, and the liberal Arts, coexistent within one university, although every university did not necessarily comprise all these Faculties. The University of Bologna was for a long time nothing more than an eminent school of law, its Faculty of Theology not being established until the year 1362. There w^ere no chairs of philosophy or of theology at the University of Salerno, even in its most prosperous days. It is characteristic of the Italian universities that they aimed chiefly at giving a purely professional education. They were for the most part frequented by students who were preparing for active careers as jurists or as physicians. The University of Paris, on the other hand, insisted on the advantage of a liberal education for all its members. Its primary object was to train their minds.3 The University of Paris differed furthermore from the great universities of Italy, in that it was generally regarded as an ' Maiden, pp. 22, 23 ; Thurot, p. 137. For the origin of the term see Du Cange's Glossariuin, Wedg- wood's Dictionaiy of English Etymology^ and Xotcs and Queries., 4tli S. vol. iv. p. 467, vol. X. p. 257. ' Thurot, p. 17 ; Mtcniuicnia Acadonica, passim. 3 Budinszky, Die Universitat Paris, p. 24. 8' THE UNIVERSITY OF OXFORD. ecclesiastical body.' The germs of it may probably be found in the episcopal and monastic schools that existed on the banks of the Seine in the early part of the twelfth century The Faculty of Theology at any rate had its origin in the cloisters of Notre Dame, while the first schools of the liberal arts were situated in the southern suburb, within the territorial jurisdiction of the Abbey of St, Genevieve.^ Thus it was that formal licences to teach could only be obtained from the Chancellor of the Cathedral Church, or from the Abbot or the Chancellor of St. Genevieve, the official representatives of ecclesiastical authority.3 The University of Oxford, scarcely less ecclesiastical in character than that of Paris, took its origin in a town which did not contain a cathedral church, or even a monastery of the highest rank. The nunnery said to have been founded by St. Frideswyde, was dissolved some time before the Norman Conquest, and the conventual buildings belonging to it seem to have undergone several vicissitudes in the course of the eleventh century. At length, in the reign of Henry I., they were definitely assigned by Roger, Bishop of Salisbury, the chief minister of the Crown, to a Prior and body of canons professing the rule of St. Augustine.^ A few years later, in 1129, Robert d'Oili the younger founded a larger establishment for members of the same order at Oseney, one of the many islets formed by the river on the western side of his castle. ^ The cloisters of St. Frideswyde's ' Thurot, pp. 29 31. ^ Ibid. pp. 4 7 ; Pasquicr, Re- cherches de la France, lib. ix. cap. 14; Vallet de Viriville, Histoii'e de I'Inshuction Publique, p. 138 ; Crcvier, Histoire de P Univcisitc de Paris, vol. i. pp. 117, 162. 3 Thurot, pp. 9, 15, 16 ; Du Boulay,///^/r/Vj Uiiii'crsitafis Par- is icnsis, vol. ii. pp. 124, 160, 161,346, 350 ; Crcvier, vol. i. pp. 256, 257. '* Dugdale's Motiasticon Angli- cannin, (ed. Caley) vol. ii. p. 134; Matthew Paris, Chronica iMajora, (cd. Luard) vol. ii. p. 139; William of Malmeslaury, Gcsta Pojitificiim, (cd. Hamilton) pp. 315, 316. St. Frideswyde's Priory is often classed among the Benedictine houses. s Dugdale, vol. vi. p. 251. THE LIBERAL ARTS. 9- Priory and of Oseney Abbey were probably the earliest schools of Oxford, though it should be remarked that neither of them ever attained to any great celebrity as a place of education. Of the masters who may have taught at Oxford before the year 1133, there is no record whatever, and it is not known how many of the seven liberal arts were studied there. A complete course of instruction in the twelfth century included the Trivhijn, which consisted of grammar, rhetoric, and logic, and the Quadriviiim, which consisted of arithmetic, geometry, music, and astronomy.' Few ordinary scholars, however, got beyond the easier or " trivial " subjects. Inasmuch as all studies were pursued in Latin, the common tongue of Western Christendom, the Latin grammar necessarily came first in order. The elementary treatises of Priscian and Donatus were used for inculcating the rules of syntax and prosody, but the works of Virgil, Ovid, Livy, Tacitus, and other Roman poets and historians, were also consulted as examples of literary style. The Categories of Aristotle and Porphyry's Isagoge were the text- books in the schools of logic ; the writings of Cicero and Quintilian in the schools of rhetoric. Teachers of the Trivmui also made use of the works of Boethius, Casslo- dorus, Orosius, Martianus Capella, and Isidore of Seville.'' Nevertheless, in the opinion of ecclesiastical teachers, the seven liberal arts were only profitable in so far as they paved the way for the study of theology. " Thus," in the words of M. Leon Maitre, " the object of grammar was to read Holy Scripture better and to transcribe it more accurately, that of rhetoric and logic to understand the Fathers of the Church and to confute heresies, that of ' The names of these studies are j ^ Mullinger, pp. 8, 21 32; Vallet given in the old line :-- \ de Viriville, p. 141 ; Leon Maitre, " LiJigua., tropics, ratio, nuinerus, Les Ecolcs Episcopales ct Monas- tonus, nngulus, asira." tiqiies, pp. 210213, 217 225. lo ROBER T P ULL US. music to sing sacred melodies better, and so likewise with the others." ' The study of theology itself was at a low ebb throughout England, when, in the year 1133, a teacher from Paris, named Robert Pullus, began to lecture at Oxford on the Bible. ^ Little is known as to his previous history, and it is uncertain whether he was an Englishman or a Breton. 3 All accounts, however, represent him as a man of eminence. His sound doctrine and exemplary life are highly commended by his contemporaries, St. Bernard of Clairvaux, and John of Salisbury ; and his Sententice, or opinions on Holy Writ, are still extant in eight books. ^ According to a chronicler of later date, he spent five years at Oxford, lecturing on theology, and preaching to the people on Sundays.^ Henry Beauclerc, anxious to secure the services of so distinguished a scholar, offered him a bishopric, but he, "having food and raiment," would not accept any higher post in England than the archdeaconry of Rochester. His archidiaconal duties did not involve residence, and, after returning for a while to Paris, he proceeded to Rome, where in 1 145 he was appointed Chancellor of the Papal Court.^ A few years after the departure of Robert Pullus, Oxford was visited by another eminent teacher, Vacarius, who is re- markable for having introduced into this country an entirely new branch of learning. The lectures given by Irnerius at Bologna at the beginning of the twelfth century, had done ' Page 210. ^ Anitalcs dc Oscncia in Annalcs Monastici, vol. iv. p. ig. His name is tlicre given as Piilein. 3 Freeman's Norman Conquest, vol. V. \i. 319. * ]\Iii;"nc, Pai7-oloi^icc Ciirsus, vol. clxxxii. c. 372 ; Jolm of Salisbury, (cd. (liles) vol. v. p. 78. Thc6"^7^- tt/ilitirnm Libri Otto of i\.obert J'ullus arc printed in Migne, Pa- troloi^ics Cursns, vol. cl.Kxxvi. cc. 640 1010, but the biography pre- fixed to them is untrustworthy. This author must not be con- founded with the Archbishop of Rouen, who died in 1221. 5 Bodleian MS. 712, f. 275. ^ Annates Monastici, vol. ii. p. 231 ; vol. iv. p. 19; John of Hexham, in Tuysden's Scriptorcs Decent, p. 275. VACARIUS. II much towards reviving in Italy the long-neglected study of Roman jurisprudence, and they had been attended by crowds of eager students from different parts of Europe. Thomas Becket among others had brought back to his native land some knowledge of the civil law, but no attempt had been made to teach it in England before the election of Theobald, Abbot of Bee, to the see of Canterbury. This prelate, in order to strengthen his posi- tion, invited several foreign jurists to attach themselves to his retinue, and the chief of them, Vacarius, a native of Lombardy, undertook to expound in England the system of Roman law which he had learned at Bologna, Vacarius made many disciples at Oxford, rich and poor alike flocking thither to imbibe the new ideas, and, in 1 149, he gave a more lasting character to his labours, by making a careful abstract in nine books of the Code and the Digest of Justi- nian. King Stephen became greatly alarmed. He could not view with indifference the rapid progress of a study which threatened to undermine the old laws of the realm, and he ordered Vacarius to desist altogether from his lectures. A royal edict was also issued forbidding Englishmen to own treatises on foreign law, and many manuscripts were consequently committed to the flames. All repressive measures however proved ineffectual. Vacarius himself remained in England through part of the reign of Henry II., and, in spite of the opposition of kings and popes, the civil law became before long one of the recognised subjects of study in the University of Oxford.' In the wake of the civil law followed the canon law, based on the celebrated Decretum of the monk Gratian.^ It would be interesting to know in what part of Oxford ' Robert de ]Monte in }tligne, : Opera Incdita, {^^.V>x&w&x)-<^. \2o ; Pat}-ologia Cjivsks, vol. clx. c. 466 ; Savigny, GcscJiicJite dcs RomiscJicn Gcrvase of Canterbury, (cd. Stubbs) Rcchts, cap. xxi. 36; Wenck, vol. ii. p. 384 ; John of Salisbury, Mai^istcr I'acarius. (cd. Giles) vol. iv. p. H"] ; Bacon, - MuUingcr, pp. 33 36. 12 THE SCHOOLS OF OXFORD. PuUus and Vacarius delivered their lectures, and whence their pupils came, but the chronicles afford no information on either point. This only is reasonably certain, that their auditors were for the most part students not attached either to the Priory of St. Frideswyde or to the Abbey of Oseney, else these two houses would surely have obtained some powers at Oxford analogous to those exercised at Paris by the Cathedral Church of Notre Dame and the Abbey of St, Genevieve. The early annals of the University show, on the contrary, that the clerks of Oxford were under the jurisdiction of the distant Bishop of Lincoln, and quite independent of the neighbouring Prior and Abbot. The grant of an important charter of privileges to the burghers, the assembly of a council for the forcible repression of heresy, two destructive fires, and several visits from Henry II. and his queen, are the chief events recorded in connexion with the town of Oxford in the second half of the twelfth century, but it is not stated how any of them affected the interests of the academic population.' The immediate successors of Pullus and Vacarius have no place in history, nor is anything known respecting the condition and progress of the local schools between the years 1149 and 1186. It was in or about this latter year that Gerald de Barri, who is better known by the Latinised name of Giraldus Cambrensis, paid a visit to Oxford, of wdiich he has left an interesting account in his autobiography. Born in Wales about the year 1147, Giraldus was one of the many ambitious students who repaired to France in order to sit at the feet of the Parisian masters. In course of time he became a noted lecturer on ' Annalcs Monastici, vol. iv. of Coggcshall, (cd. Stevenson) pp. 43, 3S0; Chronica Johnnnis i p. 122; Maitland's Albigcnses de Oxcnedes, (cd. Ellis) pp. 57, and Waldoises, p. 365 ; Peshall"s 61 ; Gcrvase of Canterbury, (cd. History of tlie City of Oxford, Stubbs) vol. i. p. 157; Ralph de p. 339; Madox's History of the Diceto, Imagines Historiiirion, (cd. Exchequer, vol. i. p. 401. .Stubbs) vol. i pp. 302, 31S ; Ralph GIR ALDUS CAMBRENSIS. 13 the Trivhnn, his discourses on rhetoric being considered specially worthy of praise. " So entirely devoted was he to study, having in his acts and in his mind no sort of levity or coarseness, that whenever the Doctors of Arts wished to select a pattern from among the good scholars they would name Giraldus before all others." Such at least is his account of his own excellence. Returning for a while to his native country, he obtained the archdeaconry of Brecon, and narrowly missed being made Bishop of St. David's, but he did not finally quit the schools of Paris until he had completed his studies in canon law and theology.' In 1184 he was appointed one of the chaplains of Henry II., and a journey to Ireland in the train of the King's son John, supplied him with the materials for his two most important works, a topographical account of Ireland, and a history of the English conquest of that island. The former has been justly styled " a monument of a bold and original genius," for in it Giraldus describes not only the incidents of his own journey, but also the physical geography, the climate, the natural history, the popular customs and the antiquities, of the places that he visited. " The TopograpJiia" says his latest editor, " was a novel experiment, and almost a solitary one ; it was regarded by our author's contemporaries with any feelings rather than complacency. For an archdeacon to occupy his leisure in recording the manners of rough- headed Kernes, and collecting the traditions, or describing the scenery of a barbarous and rude country, was looked upon as an undignified waste of time." ^ Giraldus on the contrary was highly pleased with his own performance. Writing of himself in the third person, he says : " In course of time, when the work was finished and revised, not wishing to hide his candle under a bushel, but wishing to place it in a candlestick so that it might gi\e ' Giraldus Cambrcnsis, (cd. Brewer) vol. i. i)p. ix xxxii, 23. Ibid. pp. xxvii^xlv. 14 THE SCHOOLS OF OXFORD. light, he resolved to read it before a vast audience at Oxford, where the clergy in England chiefly flourished and excelled in clerkly lore.' And as there were three distinc- tions or divisions in the work, and each division occupied a day, the readings lasted three successive days. On the first day he received and entertained at his lodgings all the poor people of the whole town ; on the second all the Doctors of the different Faculties, and such of their pupils as were of fame and note ; on the third the rest of the scholars, with the militcs of the town, and many burghers. It was a costly and noble act, for the authentic and ancient times of the poets were thus in some measure renewed ; and neither present nor past time can furnish any record of such a solemnity having ever taken place in England." ^ By this time at any rate the schools of Oxford had evidently become a university in fact if not in name. Their populous- ness at the close of the twelfth century is moreover attested by Richard of Devizes, and by Senatus, Prior of Worccster.3 Nor were they ignored by the highest authorities in the realm, for Richard I., himself a native of Oxford, gave a weekly allowance of no less than half a mark for the support of a certain clerk from Hungary, named Nicholas, who stayed there some time for the purpose of study."* ' ^^Ubi clcrus in Anglla magis j anni preferifi usque ad Pasclta;n prr vigebat et dericatu prcrccllebaty brc%>e RegisP Pipe Roll, 7 Richard - Giraldus Cambrcnsis, vol. i. j I. '' NicJiolao clcrico de Huiin na pp. xlvii, 72, 73. In another passage he mentions that scholars in Eng- land took their vacation at harvest- time, /bid. p. 27 r. ^ Richard of Devizes, (c'l. Ste- venson) p. 62 ; Bodleian MS. 633, v^ ix^ de liberatione stia qriaiii habct ex dono Regis, videlicet a die lune proxima antefcstum Saiicti Andrec iisqiie ad Piirificatioiieni per bre%ie Regis ; ct eideni Nicholao l7'j^ I'iij'^ de liberatio7ic sua afesto Sa/ie/i Relri ff. 209, 223. .ad Viiicula usque ad festuui Saiicti ^ ''^Niclwlao clerico de Ihcugeria, j Michaelis scilicet du)iidiani luarcam -I'iij^'' ei xi'p etviif^ ad susteiitaiiduui \ per cbdoinadain per idem bre7>e.''' se ill scolis afesto Saiicti Michael is V\\)Q. Roll, 8 Richard I. co. (:.\on. FOREIGN STUDENTS. IS It may seem strange to some that the first scholar of Oxford whose name has been preserved should have been a foreigner, but it should be borne in mind that throughout the middle ages all the great universities of Europe were cosmopolitan in character. An important edict issued by Frederick Barbarossa at the Diet of Roncaglia in 1158, expressly provides for the safe conduct and protection of foreign scholars travelling or sojourning in his dominions.' From an early period the law students at Bologna w^ere divided into the Citramontani, or Italians, who were again subdivided into seventeen Nations, and the Ultraniontani, or foreigners, who were similarly subdivided into eighteen Nations.^ So again at Paris the French formed but one of the four Nations that composed the Faculty of Arts, the other Nations being those of England, Normandy, and Picardy. It was to Paris that the most ambitious young Englishmen of the twelfth century, like John of Salisbury, Thomas Becket, and Stephen Langton, repaired for the pur- pose of study. On the other hand, there is no evidence to show that any distinguished persons received their education at Oxford before the time of King John. 3 ' Tvlalden, On the Origin of Universities, p. 48. ^ Savigny, Geschiehte des Roni- ischen Reehts, cap. xxi. 71. 3 See the lives in Wright's Bio- grapJiia Britannica Literaria, vol. ii. and Budinszky, Die Universitat Paris., pp. 75 114. CHAPTER II. A.D. 1208 1272. Dispersion of the University Humiliation of the Townsmen Re- establishment of the University Jurisdiction of the Chancellor Edmund Rich Origin of the Mendicant Orders The Dominican Convent at Oxford Study of Aristotle The Jews at Oxford Arrival of the Franciscans Anecdotes of the early Franciscan Scholars Robert Grosseteste Migration of Scholars from Paris Contests with the Townsmen Attack on the Papal Legate Punishment of the Clerks Grosseteste as Bishop of Lincoln Study of the Bible St. Frideswyde's Chest Attack on the Jewry Aymar de Lusignan Murder of a Scholar Charter of Privileges Increasing Authority of the Chancellor Visit of Archbishop Boniface National Differences Removal of the Dominican Convent Popularity of the Franciscans Adam Marsh Qualifications for Degrees Importance of the Liberal Arts Roger Bacon Jurisdiction of the Chancellor Richard of Wych Thomas Cantilupe Great Riot Migration to Northampton Punishment of the Jews Cross near St. Frideswyde's. HE schools of Oxford, which had been growing in fame and popularity during the later part of the twelfth century, had a narrow escape of total extinction at the beginning of the thirteenth. An untoward event that occurred at the close of the year 1208, led to a serious breach between the burghers and the clerks, and for a w^iile it appeared as though English learning w^ould be compelled to abandon Oxford for some more congenial abode. A young woman was one day found lying dead at a house afterwards known as Maiden Hall, and there was clear proof that she ^ DISPERSION. 17 had met her end at the hands of a certain student of the Facility of Arts. According to one account, she had been killed by accident, according to another, she had been outraged and brutally murdered, but the offender, whatever the amount of his guilt, had already sought safety in flight. The enraged townsmen at once started in quest of him, and failing to find him, seized in his stead two innocent students who lodged in the same house with him, cast them into prison, and after a brief delay hanged them outside the walls of Oxford. These summary proceedings were, it is said, countenanced by King John, who was at that time specially incensed against clerks of all sorts, on account of the papal interdict on his realm. '^ The students were filled with alarm and indignation. St. Thomas of Canterbury had suffered martyrdom in vain if they were not to be safe from the arbitrary violence of a body of ignoble laymen. It mattered little whether the young men who had fallen victims to popular revenge, were or were not concerned in the tragedy at Maiden Hall ; they were scholars, or clerks, and as such, in the opinion of their comrades, subject only to ecclesiastical jurisdiction.^ Masters and pupils were alike concerned to withstand so gross a violation of their common rights. Some had already quitted Oxford in fear of the King's wrath, and now almost all the remainder, to the number, we are told, of no less than three thousand, deter- mined to abandon the schools. 3 After making every allowance ' Roger de Wcndovcr, Flores decision in the matter was con- Historiarmn, (ed. Coxe) vol. iii. j firmed by several of his successors. pp, 227, 228, 274 ; Matthew Paris, Hist aria Anfflorian, (ed. Madden) vol. ii. p. 120. When a highwayman was arrested for murdering a priest, the King is reported to have said : " He has killed an enemy of mine ; untie him and let him go." "^ Pope Celestine III. in 1194 referred all causes about scholars to ecclesiastical judges, and his 3 Ann ales de Danstaplia, in Aiinalcs Monastid, (ed. Luard) vol. iii. p. 32 ; Professor Huber, English Universities, (trs. by New- man) vol. i. p. 411, would have us believe that the statement of the chronicler, ^^ divisa: stmt scliolce,'' refers to a difference of opinion about the King's conduct between the northern and the southern scholars ! C 1 8 INTERDICT ON OXFORD. for exaggeration on the part of writers who had no means of obtaining exact statistics, it seems clear that the migration which took place in January 1209 was an event of considerable magnitude. Some of the seccders went to pursue their studies at Paris, some at Reading, some at Maidstone, and others perhaps at Cambridge. It was commonly reported that not a single scholar remained at Oxford.^ The matter did not end here, for the ecclesiastical authorities proceeded to lay the whole town under an interdict, more stringent apparently than that which Innocent III. had laid on England in general. The burghers were thus made to suffer spiritually as well as temporally. On the one hand, the interdict deprived them of all ordinary religious ministra- tions, while on the other, the departure of the clerks left their inns and halls tenantlcss, and greatly restricted the sphere of their commerce. This state of things lasted for more than four years, the burghers being tenacious of their municipal liberties, and unwilling to submit to any ex- ternal authority. At last, soon after the arrival in England of the Papal Legate, Nicholas, Bishop of Tusculum, in 1213, they applied to him for forgiveness and protection. They pledged themselves to abide by his decision, and at his bidding they went day after day in procession to the different churches of Oxford, stiipped and barefoot, carrying scourges in their hands, and chanting penitential psalms, until they had obtained absolution from the parish priests.^ This was but a preliminary act of humiliation, for the Legate did not issue his final sentence until the end of June, 1214. Taking into consideration the general grievances of the scholars ' Clironicon de Lanercost, (ed. j (2iiinqiic, vol. i. p. 182 ; ^^'alter of Stevenson) p. 4 ; Chronicon Petro- liUff^ense, (ed. Staplcton) p. 6 ; Coventry, (ed. Stubbs) vol. ii. p. 201. "" Roger de Wendover, vol. iii. p. Matthew Paris, Clironica iMajora, \ 274. It is not quite certain, how- (ed. Luard) vol. i. p. 228 ; Roger de I ever, that this was not part of the Wendover, vol. iii. p. 228; 67/;v///cy; I penance enjoined by the Legate in de Maihvs in Gale's Scripforcs June, 12 14. THE LEGATE'S DECREE. 19 against the townsmen, no less than the specific offence which had caused the secession, he then issued a decree, which, under cover of inflicting punishment on the one party, conferred substantial benefits on the other. He made the townsmen swear that if, at any future time, they should arrest a clerk, they would on demand deliver him up to the Bishop of Lincoln, to the Archdeacon of Oxford or his Official, to the Chancellor set over the scholars by the Bishop, or to some other authorised representative of the episcopal authority. Thus he established the immunity from lay jurisdiction which, under somewhat altered conditions, is to this day enjoyed by every resident member of the University of Oxford. He further vindicated the same principle by ordaining that, as soon as the interdict should be removed, all who had taken any part in the arrest and execution of the two clerks should go bareheaded, barefoot, and half naked, to the place where the dead bodies lay, and should reverently carry them to a churchyard, the rest of the commonalty following as witnesses. Moreover, for a lasting memorial of these events, he decreed that the townsmen should annually provide a dinner for a hundred poor scholars on St. Nicholas's day, and pay fifty-two shillings a year to the Abbot of Oseney, and the Prior of St. Frideswyde's, for the use of poor scholars. The appointment of the heads of these two religious houses as receivers on behalf of the clerks, seems only to show that they were the principal ecclesiastics permanently residing at Oxford, for the distribution of the alms and the management of the dinner were alike committed to the Bishop, his Archdeacon, or his Chancellor. It is highly important to observe that the Legate describes the Chancellor as " set over " the scholars by the Bishop of Lincoln, whose enormous diocese, it will be remembered, at that time stretched as far south as the Thames. If students had volun- tarily congregated in great numbers at Lincoln, the Chancellor of the Cathedral Church would doubtless have had an authority over them analogous to that enjoyed at Paris by the Chancellor c: 2 20 THE LEG A TES DECREE. of Notre Dame. But Oxford was so far distant from Lincoln that the Bishops found it convenient to appoint a separate Chancellor to govern and protect the clerks studying there. In the early part of the thirteenth century the Chancellors of Oxford acted simply as delegates of the Bishop, but their suc- cessors, as will appear hereafter, were gradually absorbed into the academic body, and eventually became quite independent of the episcopal authority. The Legate further showed his favour to the clerks by or- daining that they should not be made to pay more than a reasonable price for provisions or other necessaries, and by framing some regulations about the rent of the inns and halls in which they lodged. He decreed that for the next ten years to come, they should pay only one half of the rent agreed on by them and their respective landlords before the secession, and that for ten years more they should pay accord- ing to their own valuation. The assessment of the rent of any hall which had not already been inhabited by clerks, was referred to a board consisting of four Masters and four towns- men, who were instructed to make a new assessment every ten years. Finally the Legate ordered that at least fifty of the chief townsmen should annually swear, on behalf of the whole community, to obey all the permanent injunctions contained in his decree, and he declared that unless all these particulars were duly observed the townsmen would be held excom- municate, and the interdict would be reimposcd by the Bishop of Lincoln. The students were forbidden to return to Oxford until after the reconciliation had been formally effected ; and those few masters who had " irreverently" continued to lecture there during the secession, were suspended from the exercise of their rights for the space of three years. ^ Throughout his decree the Papal Legate was careful to respect the diocesan authority of the Bishop of Lincoln, and it was to tlic l^ishop that the townsmen sent a document signifying ' Miniiinaifa Acadr/nica, (cd. Anstcy) pp. 14. HUMILIATION OF THE TOWNSMEN. 21 their entire submission to the hard terms imposed on them.' The interdict was accordingly removed, the clerks returned, lectures were resumed, and Oxford again became a place of study. It was not long before a contention arose among the clerks themselves respecting one of the clauses in the Legate's decree. Many of the inns and halls in Oxford were owned by religious bodies, which of course had not been in any way concerned in the outrage of 1209, and when the tenants proffered one half of the accustomed rents, the monks de- manded the whole amount. The Abbey of Oseney, which would have been specially curtailed in revenue, applied for help to the Bishop of Tusculum, and obtained from him a charter of immunity. The secular clerks, however, refused to acknowledge the validity of this new charter, on the score that his legatine authority had by that time expired, and they persisted in their refusal until the next Legate, Cardinal Gualo de' Bicchieri, came to Oxford and put them to silence in 1216.^ The townsmen appear to have felt their humiliation acutely, and they did their best to hide it, by transferring to the Convent of Eynsham the perpetual obligation to pay the annual fine of fifty-two shillings, and to provide the annual feast. The monks must have been compensated in some manner, while the arrangement was made acceptable to the scholars by the promise of a dole of two shillings to every one who partook of the feast. 3 Thus originated an annual payment to the University, which continued long after its meaning was forgotten, and which even survived the dissolution of the monasteries. The first person who is definitely recorded to have taken a degree at Oxford, must have been a scholar there about the time of the interdict. Edmund Rich, sometimes called after ' Wood's Annals, vol. i. p. 186. I ^ Mun. Acad. pp. 4, 5. ^ Tvvvne MS. vol. xvii, f. 281. 22 EDMUND RICH. his birthplace Edmund of Abingdon, was born towards the close of the twelfth century, of parents who were remarkable for piety and asceticism. At the age of twelve he was sent to Oxford, and while still a mere grammar student, he determined that he would never wed an earthly bride. Stand- ing alone one day in church, he plighted his troth to the Blessed Virgin, and in token thereof placed a gold ring on the finger of her image. He placed another ring, similarly inscribed with the words of the angelic salutation, on his own finger, where he wore it constantly until the day of his death. From grammar he advanced in due course to logic, and, after spending some time in the schools of Paris with his brother, became a Master of Arts. He passed scatheless through manifold temptations, and voluntarily subjected himself to the severest discipline. Under a long grey robe he wore a shirt of hair ingeniously knotted, and other things calculated to vex the flesh. He spent whole nights in prayer and study, and seldom thought it necessary to wash him- self, being of opinion that so long as the heart was pure it mattered little whether the body were clean or dirty. Even before taking holy orders, he was distinguished from his fellows by his daily attendance at early mass before the hour of lecture, and he devoted a great part of his earnings to building a chapel in honour of his spiritual bride, the Virgin Mary, " Earth to earth, ashes to ashes, dust to dust," was the exclamation with which he would throw down his fees on the dirty window-sill, an easy prey to mischievous or dishonest pupils. After he had lectured at Oxford for six years on the logic of Aristotle and the Qiiadrivhun, he abandoned all secular studies, in obedience to a mandate which seemed to him to come from heaven. As he was intent on some geometrical diagrams, he fancied that he saw before him the figure of his deceased mother, who upbraided him for giving his time to such profitless subjects. Tracing on his rierht hand three circles inscribed with the names of the EDMUND RICH. 23 three Persons of the Holy Trinity, she said : " Henceforth, my dearest son, attend to such figures as these, and to none other." The dutiful Edmund at once began to study divinity, and he eventually took the degree of Doctor in that Faculty. As such he converted many persons by his systematic lectures, and yet more by his earnest sermons. The hagiographers assert that, while he was preaching one afternoon in the cemetery on the north side of All Saints' Church, his prayer averted from the whole audience the rain which descended in torrents all around. Edmund Rich was elected Archbishop of Canterbury in 1233, and he eventually became a recognised saint of the Latin Church, When the proposal for his canon- isation was under discussion, in 1243, the University of Oxford forwarded to Innocent IV. a testimonial setting forth the purity and excellence of his life.^ Edmund Rich had among his friends and contemporaries at Oxford, a student of theology named Robert Bacon, who deserves notice as one of the first Englishmen who joined the Dominican friars.^ The mendicant orders play so important a part in the history of our universities that it is well to remember the principles on which they were originally es- tablished. Up to the beginning of the thirteenth century, the primary object of the monastic system had been to secure the salvation of the individual monk.^ After the first glow of zeal for missionary enterprise had died away among them, the degenerate followers of St. Augustine, St. Benedict, and St. Bruno, gave themselves up to a somewhat selfish rule of life. Isolated from the outer world in their splendid and ' Martene et Durand, Thesaurus \ does not appear to have any foun- A'ovus, vol. iii. pp. 1775 1800, j dation in fact. See Wood's Col- 1839 1 84 1 ; C]\3.r\ts, Roger Bacon, leges and Halls, p. 660. p. 412; Chronicon de Laner- ^ Martene et Durand, vol. iii. p. cost, p. 36; Trivet, Annales,{Qd. 1841 ; Trivet, p. 229; Biographia Hog) p. 228. The common belief Britatinica, vol. i. pp. 338 341. that St. Edmund's Hall owes its 3 Milman's Latin Christianity, name and origin to Edmund Rich book ix. chapter ix. 24 THE MENDICANT ORDERS. opulent monasteries, they did not consider it part of their duty to preach in public, to baptize the young, to visit the sick, or to hear the confessions of the penitent.' Hence they had comparatively little influence on the people at large, and they were powerless to check the spread of heretical doc- trines. Dominic of Castile and Francis of Assisi alike saw the need of some more active religious organisation for the maintenance and propagation of Catholicism, and each became the founder of a new society. The Spaniard aimed at converting men by appealing to their intellects, the Italian by arousing their emotions ; but both were agreed that their disciples should mix freely with their fellow men, so as to act as missionaries and supplement the ordinary work of the parochial clergy. The Dominicans took the name of Fratres Prcedicatores, Friars Preachers, while the Franciscans, in their intense humility, styled themselves Fratres Alinores, Lesser Brethren, or Minorites. In England the former were commonly called Black Friars, and the latter Grey Friars, from the respective colours of their cloth gowns. The members of both orders were strictly forbidden to hold property even in their corporate capacity, and, through being obliged to depend entirely on the charity of the faithful, were generically known as Mendicants. A small band of Dominicans landed in Kent in the year 1221, and proceeded, with as little delay as possible, to Oxford.^ Unlike the monks of the older orders who had so often fixed their abodes in quiet country places, the mendicants elected to dwell in populous towns where there was a large field for their special work, and where money was likely to flow freely into their alms-bags. But the new-comers were attracted to Oxford by something more than the mere si^e ' Gicselcr's Ecclesiastical History, Div. iii. chapter iii. 68. The con- dition of the monasteries is well described in an cssav on MoiiJ;s aiui Moidicant Friars, in Pauli's Pictures of Old England. ' Trivet, p. 209. THE STUDY OF A RIS TO TLE. 1 5 or wealth of the town. Their brethren had ah'eady been established at Paris, in close connexion with the University, for about four years, and they were anxious to obtain a corresponding position at the chief seat of learning in England. The universities of the middle ages, though in many instances derived from an ecclesiastical origin, and almost always depending for protection on the ecclesiastical power, were far from being sanctuaries of orthodox faith. They were rather the arena in which scholastic disputants argued, with perfect freedom, on subjects sacred as well as profane. Speculative philosophy was there allowed to invade the domain of traditional theology, and various forms of unbelief manifested themselves openly. The great discovery that the works of Aristotle embraced the whole range of philosophy, threw the schools of Western Christendom into a ferment at the beginning of the thirteenth century. He had hitherto been known to them merely as a writer on logic, and his pre- eminence in that branch of learning soon caused an immense demand for all works bearing his name. The earliest Latin versions of his long-forgotten treatises on physical science were, according to M. Renan, translations " of a commentary made on an Arabic translation of a Syriac translation of a Greek text." The meaning of the author was often buried under the additions and errors of his expositors, and sometimes perverted in a pantheistic sense. For this reason it was that a provincial council held at Paris in 1209 absolutely pro- scribed the study of Aristotle's Natural Philosophy, and that six years later the Masters of that University were likewise forbidden to lecture on his Metaphysics. Nevertheless the new learning made steady progress, especially when more authentic translations, derived directly from the original Greek, began to be circulated. The Dominicans appear from the first to have thought it possible to harmonise the Aristotelian philosophy with the doctrines of the Catholic 26 THE EARL V DOMINICANS. Church, and they were undoubtedly the means of its extensive propagation in England, although their two most eminent teachers, Albert the Great and Thomas Aquinas, continued to reside at Paris.' If the primary object of the Dominicans in coming to Oxford was to acquire influence in the schools, they were none the less anxious to win converts to Christianity by their public sermons,^ Oxford was at that time a favourite resort of Jews, who, in considerable numbers, dwelt in the southern part of the town. The district lying between the High Street and the Priory of St. Fridesvvyde was known as the Jewry, and a synagogue stood almost face to face with St. Aldate's Church.3 It was therefore in the very heart of the Israelitish colony that the Black Friars established them- selves, when they took possession of some tenements close to the church of St. Edward, granted to them by the Countess of Oxford and the Bishop of Carlisle. There they made a humble oratory with a small cemetery adjoining, and there they opened a school which was called St. Edward's School, from the name of the parochial church. Conspicuous success attended their labours within the first twenty-five years of their residence at Oxford. So many Jews were baptized that the King found it worth while to establish a house for the reception of converts in Fish Street, on the site of the present Town liall.-^ Robert Bacon, a Doctor of Divinity, entered the order, and made its schools popular by his lectures. Richard Fishacre, a student from Devonshire educated in the convent under Bacon, took his degree publicly as a Black P^riar, and Walter Mauclerc, Bishop of Carlisle, ' MuUiiv^cr, pp. 91 98 ; Jourdain, RecJiercJics sicr r /Iristote ; Du Bou- hiy, Hist. Univ. I'aris, vol. iii. - Twyne MS. vol. xxiv. f. 10. '' There is an engraving of the Donms Coiiversoruni in Skelton's Oxonia Antigua, V\. 100. The King contributed thirty oaks towards the '^ FoiirtJi Report of tJic Historical \ Ijuilding of the Dominican school. Manuscripts Commission, p. 450. Close Roll, 17 Ilcn. III. m. 10. THE EARL V FRANCISCANS. 27 a prominent statesman, resigned his see in order to become a simple mendicant at Oxford.' In the meanwhile the other order of friars had also planted several flourishing convents in England. Some Franciscans arrived in London in the autumn of 1224, and before they had been there many weeks two of their number, a middle- aged priest and a young acolyte, started on foot for Oxford. On their way thither they met with an adventure which curiously illustrates the difficulties which beset the pioneers of a novel institution. They found themselves at dusk in a vast wood, and being unable to proceed by reason of the prevail- ing floods, they knocked at the gate of a grange belonging to the Abbey of Abingdon, and asked for hospitality in the name of the Lord whose servants they were. The porter admitted them readily, but the Prior, scanning with suspicion their coarse serge gowns, their knotted cords, and their bare feet, took them for mummers, and as such drove them out ignominiously. They would have fared badly indeed, had not a novice, more compassionate than his elders, contrived to shelter them for the night in a hayloft.^^ A very different reception, however, awaited them at Oxford, for they were courteously entertained there for eight days by the Domini- cans. Being moreover warmly welcomed by the townsmen, they hired a house in the parish of St. Ebbe, and there " many worthy Bachelors and many eminent men " took the vows of the order.3 In the following summer, the Franciscans, being cramped for space, and having no chapel of their own, moved to a larger house, which soon grew into a substantial friary. Just ' Trivet, p. 229 ; Matthew Paris, i. p. 257) has followed the inaccurate Chronica Majora, vol. v. p. 16 ; | account of these circumstances Foss's /<^^^- of England, vol. ii. j ciuoted from Wood's MS. in Dug- pp. 404 406. ! dale's Monasticon, vol. viii. p. ^ Mominioita Ffanciscana, (ed. Brewer) pp. 5, 9, 633 ; Mr. Green, 1524. 3 Monu))ienta Ffanciscana, pp. 9, {History of t lie English People, vol. 17. 28 THE EARL V FRANCISCANS. as in London they had estabh'shed themselves in a mean locaHty near Newgate, appropriately called Stinking Lane, so at Oxford they chose a marshy strip of ground by the river side beyond the town wall. In accordance with the custom of the order, their first buildings were lowly and plain, even the infirmary being little higher than a man's stature.^ So severe was their rule of life that for many years they had no beds, and none but the aged and the infirm wore anything on their feet. Friar Walter de Madeley ventured indeed to go to matins in a pair of shoes which he had found, but he never repeated the offence. As he was taking his midday siesta, he dreamed that he was attacked by robbers in a dangerous valley on the road to Gloucester. " Slay, slay ! " they seemed to say, and when he pleaded that he was a Friar Minor, they retorted : " You lie, for you do not walk barefoot." Another young friar was rebuked in a dream for laughing too much, but on the whole the conduct of the Oxford friars might almost have satisfied the severe founder of the order, if only they had followed his precepts with respect to study.^ Nothing is more characteristic of St. Francis than his profound distrust of every sort of learning. Himself a man of little education, he deliberately commended ignorance. Yet even during his lifetime the members of the order could scarcely be induced to cast aside all books as profitless, and before he had long been dead, they had become pre-eminent for learning. The friary at Oxford was from its earliest years distinguished as a seat of study. Its inmates would have been despised by the secular clergy and by many of the townsfolk, if they had been unable to hold their own in public sermons and disputations, and they therefore entered on the intellectual pursuits of the place with energy. The Warden, Agnello da Pisa, built a large school for them, and, as they themselves were manifestly incompetent to teach, ' Momimciita Franciscaiia, pp. I - Ibid. pp. 20, 28. xvii. 34. I ROBERT GROSSETESTE. 29 engaged some secular masters. He soon had occasion to regret that he had not insisted on a strict adherence to the precepts of St. Francis, for, on entering the school one day, he found the students engaged in an argument as to the existence of the Deity. "Woe is me!" he cried, "simple friars enter heaven, while learned friars are disputing whether there be a God at all ! " ' Agnello, however, was fortunate in securing the services of Robert Grosseteste, a man of spotless orthodoxy, and un- questionably the first English scholar of the age.^ Without any advantages of birth or person, Grosseteste had already begun to mount the ladder of fame. The son of a mere peasant, he was generally described by a nickname, which in Latin was rendered Capita, or Grossmn Capjit, and in English Greathead, or Grosthead. The date of his birth is unknown, and it is not certain whether he took his degree in Arts at Oxford or at Paris. Before becoming a lecturer in the Franciscan convent, he had been successively appointed to the archdeaconries of Chester, Wilts, Northampton, and Leicester, and he seems to have held the last two of these preferments until the year 123 1.3 At one time he acted on behalf of the Bishop of Lincoln as " Master," or Chancellor, of the scholars at Oxford, and he was clearly one of the leading men in the University in 1234, when, together with the Chancellor and Friar Robert Bacon, he was directed by the King to take measures for expelling from the town all women of loose character.'^ Many of his ' Momnnenta Franciscana, pp. issued within three weeks, he or- xxviii xxxiv. 27, 37, 634. dered that all ^^ pJibliccB meretriccs " Ibid. p. 37. et cojicubino' clericorton"' should he ^ Le Neve's Fasti ; Gascoigne, released from prison, those of the Loci e Libfo \'critatiini,^. 176. latter class who had houses in " Bp. Sutton's Register, f. 117. Oxford being allowed to remain (Twyne MS. vol. ii. f. 24); Kennetfs there on giving security for their Parocliial Antiquities,^. 21-]. The better behaviour. Prynne's Ec- King soon thought fit to moderate j clesiastical Jurisdiction, vol. ii. p. his severity, for by another writ, 445. 30 ROBERT GROSSETESTE. literary works may more safely be ascribed to the period when he resided at Oxford, than to his later years, when he was charged with the administration of one of the largest dioceses in the realm. His Sayings, especially, according to his latest biographer, " have the appearance of having been delivered as lectures at Oxford ; and generally they are plain, simple, and powerful applications of Scripture truths, with great force of illustration and terseness of language. The reverence for Scripture is unbounded, and no authority of Church, or Pope, or Council, is put on the same platform as the authority of Holy Writ." ^ His interest in physical science seems to date from his connexion with the friars. The founder of the Franciscan Order had, both by precept and example, enjoined on his followers the sacred duty of tending the sick, and they in consequence applied themselves diligently to the study of practical medicine. " With a Christlike sympathy," says Dr. Plumptre, " they took as their special charge those that suffered from the leprosy, which then, as the scourge of God, foul and terrible, was ravaging all Europe. It was the feature in his conversion on which Francis of Assisi himself dwelt with most thank- fulness, that he had overcome his natural loathing of the foulness of the leper's form, and had found a sweetness and joy ineffable in ministering to him."^ Some of the friars extended their researches into the wider field of natural philosophy, and it was doubtless with the encourage- ment of his Franciscan allies that Grosseteste made those experiments which among the vulgar obtained for him the character of a magician. ^ If the foundation of the Dominican and Franciscan convents did much to bring students to Oxford, the local schools profited even more by the misfortunes of the University of ' Perry's Life of Grosseteste, p. 47. '^ Conteinporaty Revie7t', vol. ii. p. 36- ^ Perry, p. 44 ; Franciscafin, p. xliii. UTonumeata MIGRATION FROM PARIS. 31 Paris, A dispute in the spring of 1229 between a party of young Picards and a tavern-keeper in the Bourg de St. Marcel, grew into a serious fray, in which several innocent scholars were killed by the Provost of Paris and his archers. The masters espoused the cause of their pupils, suspended their lectures, and, after trying in vain to obtain redress from the Queen-Regent and the Bishop, went away in anger. The most famous University in Western Christendom was thus dispersed, and its members betook themselves to Angers, to Orleans, to Rheims, and to other places. Henry III. saw here a good opportunity of humiliating the French monarchy, and sent trusty agents abroad to foment the strife. He moreover addressed a formal letter " to the Masters and the University of Scholars of Paris," sympathising with them in their affliction, and promising that if they would come to study in England they should receive ample liberties and privileges. The invitation proved highly attractive, especially to members of the English Nation at Paris, and a migration to Oxford was headed by John Blound, Ralph of Maidstone, William of Durham, and other teachers of eminence.' Two years later, the King was able to boast that Oxford was frequented by a vast number of students coming from various places over the sea, as well as from all parts of Britain.^ The sudden influx of strangers naturally had an unfavour- able effect on the discipline of the growing University. Some of the students openly set the Chancellor and Masters at defiance, whilst other offenders, who had no real connexion ' Cre.x\tr, Hisfflife de rUinvefsitL' (ed. Shirley) vol. i. p. 398; Cooper's de Pur is, vol. i. p. 337 ; Du Boulay, HisL Univ. Paj'is, vol. iii. p. 132 ; Patent Roll, 13 Hen. III. m. 6. (Twyne MS. vol. iii. f. 261) ; Matthew Paris, Clironica Majora, vol. iii. p. 168. ^ Royal and H/s/orital letters. Annals of Catnbridge, vol. i. As early as the year 1226 the young king granted twenty marks for the maintenance of Guy, brother of the Count of Auvergne, at the schools of Oxford. Issties of the Exeheqner, (ed. Dc\on) p. 6. 32 LA WLESSNESS. with the schools, pretended to be clerks in order to be exempt from the jurisdiction of the civil powers.' In the quaint words of Fuller, " these lived under no discipline, having no tutor, saving him who teacheth all mischief"^ Lawlessness pre- vailed at Oxford to such an extent that the King had to interfere, and in 123 1 he issued several writs tending to strengthen the authority of the Chancellor. He directed that whenever material force was required, the Chancellor and Masters should apply to the Bishop, who would thereupon summon the Sheriff of the county to their assistance, and that the Chancellor should be allowed to imprison refractory clerks in Oxford Castle at the expense of the University, and to release them from custody at his discretion. ^ For his own part the King handed over to the Chancellor certain scholars who had been found trespassing in Shotover Forest armed with bows and arrows, and so left them to be dealt with according to ecclesiastical law.'* He also caused proclamation to be made by the Sheriff that no one would be recognised as a clerk who was not under the care and tuition of some known master of the schools, all the pseudo-clerks being commanded to quit the town within a fortnight. 5 At the same time he tried to reconcile the two classes which were ever striving for supremacy at Oxford. It was but three years since a severe conflict had taken place, in which some clerks had been wounded, and some inns had been plundered. The town had for the second time been placed under interdict, the more guilty burghers had been cited to Rome, a fine of fifty marks had been levied for the benefit of poor scholars, and the commonalty had been obliged to acknowledge four of the ' Royal and Historical Letters, ' s Royal and Historical Inciters, vol. i. p. 396. vol. i. p. 397. The Papal Legate, - History of Ca))ihridgc,\ i. 34- \ Robert de Courcjon, had in 12 15 3 Royal and Historical Letters, ' laid down the rule : " Nnllus sit vol. i. p. 396 ; Close Roll, 15 Hen. j scholaris Parisiiis qui ccrtuni I II. m. 18 (Hare MS. f. 12). | vtagistruni non/iabeat."' Du Boulay, Close Roll, 15 Hen. III. m. 9. Hist. Unii'. Paris, vol. iii. p. 82. CONTESTS WITH THE TOWN. 33 chief Masters as final arbitrators in all future controversies between the laity and the clerks.^ Since then the townsmen, smarting under their humiliation, had taken advantage of the greater demand for accommodation caused by the arrival of the students from abroad, and had refused to let their houses except on unreasonable terms. The King, on taking the matter in hand, pointed out to the Mayor and the Bailiffs that the voluntary concourse of learned men at Oxford was no less profitable to the local traders and landlords than honourable to the country at large, and he showed the inexpediency of altogether driving such good customers away by extortionate charges. He proceeded to confirm the old arrangement according to which the inns were to be assessed by two respectable townsmen and two Masters, and ended his letter with a significant hint that he did not wish to be troubled any more on the subject. Inasmuch as a like arrangement prevailed at Paris and at Cambridge, the King was amply justified in styling it " the custom of a univer- sity." ^ Several causes of discord arose within the next few years. In 1232, some clerks were wounded in a riot, and the laymen inculpated, after being delivered from prison by a too friendly Bailiff, were recaptured by the Sheriff under a royal warrant. 3 In 1235, the University made formal com- plaint that the townsmen had violated a compact as to the price of victuals. -* In the following year there was further bloodshed, and peace was only restored with difficulty, by the intervention of royal commissioners and certain nobles and prelates. 5 ' Aniiales dc Dtenstaplia, in An- ^ Close Roll, 16 Hen. III., m. r i. nales Monastici, (ed. Luard) vol. " Close Roll, 19 Hen. III., m. iii. p. 109. \%b. "^ Royal and Historical Letters, '" Patent Roll, 20 Hen. III., mm. vol. i. p. 398 ; Du Boulay, vol. iii. ii(5, 5; Matthew Paris, Chronica p. 160; Cooper's Annals of Catn- \ Majora, vol. iii. p. 371. bridge, vol. i. p 41. \ D 34 ATTACK ON THE LEGATE. The next disturbance at Oxford was in nowise due to the feud between the clerks and the townsmen : it arose by mere chance on the occasion of the visit of the Papal Legate, Cardinal Otho, to Oseney Abbey in 1238. Some members of the University having sent him some delicacies for his table on the morning of the 23rd of April, went in the afternoon to pay their respects in person, and to ask of him a favour in return. The doorkeeper, however, a suspicious Italian, absolutely refused to admit them to the guests' hall. Irritated by this unexpected rebuff, they collected a great number of their comrades, and made a determined attack on the foreigners, who defended themselves with sticks, swords, and flaming brands plucked from the fire. The fury of the clerks reached its height when the Legate's chief cook took up a cauldron full of boiling broth, and threw its contents in the face of a poor Irish chaplain, who had been begging for food at the kitchen door. A student from the Marches of Wales thereupon drew his bow and shot the cook dead on the spot, whilst others tried to set fire to the massive gates which had been closed against them. The terrified Legate, hastily putting on a canonical cope, fled for refuge to the belfry of the Abbey, and there lay hid for several hours, while the clerks assailed the building with bows and catapults. News of the fray soon reached King Henry III., who happened to be staying at Abingdon, and he lost no time in despatching some soldiers to the rescue. Under their powerful escort the Legate managed to ford the river by night, accom- panied by the members of his suite. Still as he galloped away he seemed to hear the shouts of his adversaries ringing in his ears "Where is that usurer, that simoniac, that spoiler of revenues, and thirstcr after money, who perverts the King, overthrows the realm, and enriches strangers with plunder taken from us .' " Breathless and in tears he hastened to lay his complaint before the King, his grief and indignation being intensified by the fact that the man slain was his own brother, PUNISHMENT. 35 who had undertaken the office of chief cook in order to protect him from the danger of poison.' His tale met with ready sympathy. That very night, a writ was issued ordering the Mayor and good men of Oxford to assist two com- missioners sent by the King to make enquiry about the riot, and the Earl of Warren started with an armed force to arrest the chief offenders.'' Twenty or thirty scholars, some of them youths of noble birth, were consequently committed to prison in Wallingford Castle, and thence, at the request of the Legate, conveyed in open carts like felons to the Tower of London, where they were heavily laden with irons.3 The Lord Chancellor and Peter des Roches, Bishop of Winchester, went to Oxford in person, and guards were stationed at all the gates of the town to prevent the egress of a single member of the University. Nevertheless the jurors had to report that no less than thirty-seven of the guilty clerks had effected their escape, and the King found it necessary to call upon the sheriffs of distant counties to assist in capturing them.5 While the civil authorities were thus taking active measures against the offending clerks, the Legate on his side was not slow in making them feel the full weight of ecclesiastical censure. Two or three days after the riot, he pronounced sentence of excommunication on all who were responsible for it, prohibited all scholastic exercises and lectures in the University, and laid ' Matt. Paris, Chronica Majora, \ most entitled to credence about vol. iii. pp. 4S1 484, and Historia j events that took place at their own Mi)ior^ p. 407 ; Flores Historiarton, ; monastery. (ed. 1601) p. 298; Hemingford, in Giles's Rgrjitn Anglica7'ni Scrip- tores, vol. ii. p. 573 ; Annales ' Patent Roll, 22 Hen. III., m. yd, and Matthew Paris. 3 Afina/es Moiiastici, vol. i. pp. Monasiici, vol. i. pp. 107, 253; vol. \ 107, 253. iii. p. 147, vol. iv. pp. 8486 ; 1 * Ibid, and Patent Roll, 22 Hen. Trivet, Annales, t^. 224, It is im- \ III., mm. 6, 7. possible to reconcile the different \ ^ Close Roll, 22 Hen. III., m. accountsof the riot, but on the whole \ \2b ; Vrynnt's Ecclesiastical Juris- the chroniclers of Oseney seem the diction, \o\. iii. p. 558. D 2 36 INTERDICT OF OXFORD. the whole town under interdict. His decree was solemnly published by the Bishop of Winchester and the Abbots of Evesham and Abingdon, to a vast audience of clergy and laity assembled in the Priory of St. Frideswyde.' The King's wrath began to abate before very long, and the Archbishops of York and Dublin and other magnates suc- ceeded in obtaining permission for certain clerks dependent on them to go in and out of Oxford freely, with their horses, their harness, and their other movable property.^ On the 24th of May, this permission was extended to all Regent Masters and beneficed clergy who would promise in writing to appear when summoned by the Legate, and to all ordinary scholars who could find sufficient bail. 3 Eight days later, the gates of the town were thrown open without any special restrictions.* Cardinal Otho proved less placable than the King, and he gave full vent to his indignation against the University at a council that was held in London on the 17th of May. The English bishops, however, told him bluntly that the riot at Osency was entirely due to the insolence of his own servants,and complained that, by his appeal to the secular arm, he had sacri- ficed the liberties of the Church to his private feelings of animo- sity. The Bishop of Lincoln in particular took up the matter warmly, and pronounced a counter-excommunication on all who had interfered with his jurisdiction by arresting clerks residing in his diocese. When all other arguments in favour of leniency had failed, the bishops tried to work on the Legate's fears, warning him that among the students recently suspended from their studies at Oxford there were many Welshmen, Scots, and other foreigners, who were likely to take a bitter revenge. ^ Under this pressure he gave way, and it was probably with his approval that orders were sent to the Constable of the ' ^lattlicw Paris ; Hemingford ; ^ Prynnc, vol. iii. p. 558. Trivet ; and Florcs, as before. j ** Patent Roll, 22 Hen. Ill,, m. 6. ^ Close Roll. 22 Hen. HI., m. 14 ^' 'Matt. Vans ; A ;n/a/csMofias/2Cz\ and m. T4/' ; Patent Roll, m. 6. , vol i. pp. 107. 253., RECONCILIA TION. 37 Tower to deliver up to the Bishops of London and Lincoln a teacher of law named Odo de Kilkenny, another Master, and ten clerks, who had all been concerned in the fray at Oseney.' But he declared that he would not restore the University to his favour until its chief members had publicly begged for pardon. They accordingly assembled in the cathedral church of St. Paul in London, and walked in pro- cession to Carlisle House in the Strand, accompanied by the bishops who had pleaded their cause, and by the canons of Oseney, who had perhaps shown themselves remiss in the defence of the Italians. Then taking off their copes, their mantles, their girdles, and their shoes, in token of penitence, they went on to Durham House, where their submission was at length accepted by the aggrieved prelate.^ On the 29th of May, he issued a formal document, relaxing the interdict and giving permission for the resumption of academical teaching at Oxford. ^ At the beginning of July, the King ordered the Sheriff of Oxford to hand over to the ISishop of Lincoln some clerks who were still in custody; and authorised the Archdeacon and the Chancellor to proclaim that all who had lately fled in consequence of the riot might safely return to seek absolution without fear of arrest or injury.* Finally the Legate offered his full pardon to all penitent clerks without distinction, taking care nevertheless to exact from each of them a sum of money equivalent to a week's " com- mons," for the benefit, as he declared, of his brother's soul.s ' Close Roll, 22 Hen. III., m. 13. Odo de Kilkenny was soon after- wards sent to the Roman Court as an advocate on behalf of the Chap- ter of Lincoln. Matthew Paris. " Flores Historiariim^ p. 298 ; " Close Roll, 22 Plen. III., m. q ; Patent Roll, m. 13. The second of these writs is addressed, " Arclii- diacono et Cancellario Universita- tis Oxon;^' the term Unh'ejsitas beinsr used in its technical sense Matt. Paris, Chronica Majora,\o\, without the word ^^ jnagisiroriini.''' iii. pp. 484, 485. Wood erroneously I or '' sc/iola>iu/n" ?i{ter \t. assigns the reconciliation to the = Miinimcuta Acadeinica, pp. 7, next year. 8 ; Aniialcs iMonaslici, \ol. i. p. ^ Mii/iuiientaAcadt.-iiilta,Y)\^.'^ 7. 1 1 1. 38 BISHOP GROSSETESTE. The Bishop of Lincoln who contended so stoutly for the privileges of the clerks, was the same Robert Grosseteste who has already been mentioned as lecturer in the Franciscan schools at Oxford. He had been summoned thence in 1235 to govern one of the most important dioceses in England, and he had retained a warm affection for the scene of his early labours. Throughout his eventful episcopate, he exercised a wise and fatherly vigilance over the University, striving to guard it alike from external attacks and from internal dissen- sions. To him, if to anyone man, is due the marked progress which it made in the first half of the thirteenth century. Among the many benefits which he conferred on learning in general, must be reckoned a translation of Aristotle's Ethics, which he seems to have superintended in person ; and he certainly did much to popularise Aristotle's other works, by encouraging new translations, more accurate than those derived from the Arabic. Even when busily occupied with the duties of his high office, he contrived to find time to pursue the study of Hebrew and of Greek,' and his large- minded love of scholarship prompted him to invite Greek teachers, presumably men of alien faith, to settle in England.^ The active Mendicants found in him an enthusiastic patron ; the degenerate Benedictines a severe censor. Nevertheless the contemporary Benedictine historian was constrained to praise him as "an open opponent of the Pope and the King, a reprover of prelates, a corrector of monks, a director of priests, an instructor of clerks, a supporter of scholars, a noted preacher to the people, a persecutor of the ' '' Non bene scii'it linouas nt not understand Greek or Hebrew tran!;fe7-rct,nisi ci7xa Jiltinniiii vitce j he liad many assistants.'" Ibid, suce." " Grcccum et Hcbrauin non I p. Ix. So too Mr. Mullingcr de- scivit sitjjicie liter iit per se trans- \ scribes him as " ignorant of ferret, sed habiiit nuiltos adjutoresp . Greek." University of Cambridf^e, R. Bacon, Opera Jnedita, pp. gr, : p. 665. 472. I'rofcssor J>re\ver strang\>Iy : == Jkicon. Opera Inedita, \>\). 91, translates thi.'> : - 'Hujugh lie did 434. BISHOP GROSSETESTK. 39 incontincnt,an industrious student of different sorts of literature, a hammer and despiser of the Romanists." ' The greatest philosopher of the time, a Franciscan bound to Grosseteste by ties of personal friendship, was even more lavish of praise. " One man only," writes Roger Bacon, "has known the sciences, namely the Bishop of Lincoln, . . . whose life few prelates imitate, and whose studies the so-called learned orders and the secular clergy entirely neglect." ^ So again a theologian of the fourteenth century declares that to compare Grosseteste to any later teacher is like comparing the sun in h's splendour to the moon under eclipse.^ A saint in popular estimation, though not canonised by any pope, Grosseteste was confessedly one of the greatest of the schoolmen. For more than two centuries after his death, on the continent as well as at home, by rigid Catholics as often as by Lollards, the opinions of Lincolniensis, the Bishop par excellence, were quoted as of the highest authority in matters of theological controversy. It is therefore specially interesting to remark the advice which Grosseteste gave, when consulted as to the proper system of instruction to be pursued by the Faculty of Theology at Oxford. He answered that, just as skilful builders in laying foundations made careful choice of such stones as were capable of supporting the structure above, the Masters Regent in Divinity ought to take the Old and New Testaments as the only sure foundations of their teaching, and make them the subject of all their morning lectures, according to the practice prevailing at Paris. '^ Grosseteste was able to cite the example of the University of Paris on another occasion, when he complained to the Pope of certain teachers who had ventured to open schools at Oxford without proper licence. It was at his request that ' Matthew Paris, Chronica Ma- ^ Fasciculi Zizaiiioruin.{(t^.^\\\x- jora, vol. V. p. 407. ' ley) p. 135. "" Opera Incdiia.Y)'^. 2>}>- A?>~- i '' R. (Jrosseleste,7://-5-^'/rr,p. 346. 40 ST. FRIDESWYDE'S CHEST. Innocent IV. issued a decree that no one should lecture there in any faculty who had not been examined and approved by the Bishop of Lincoln or his deputy ; a decree which shows clearly that the Chancellor of the University was still regarded as an episcopal officer.^ A third instance of Grosseteste's watchful supervision occurs in the earliest ordinance relating to the finances of the University. Finding that the money paid half-yearly by the Abbey of Eynsham on behalf of the townsmen of Oxford was not always regularly applied for the use of poor scholars, he ordered that it should thenceforward be placed in a chest to be provided for the purpose at St. Fridesw}'de's. One of the canons selected by the Prior and the Chancellor, and two prudent persons selected by the University at large, were appointed to administer the funds for a year, at the end of which time they wxre enjoined to render a strict account of their stewardship. The right of borrowing from St. Frides- wyde's Chest was limited to scholars whose yearly income did not exceed two marks, and provision was made that all articles deposited in it by way of security for money advanced, might be sold if not redeemed within a twelvemonth. Any surplus remaining after the sale of a pledge was to be restored to the defaulting borrower, or, if he were dead, to be laid out in masses for the benefit of his soul.'' Grosseteste found serious cause for anxiety in the quarrels that frequently arose at Oxford between the clerks and the laymen. In 1240, some of the former thought themselves so ' Bp. Wallis's Register (Twyne Ibid. p. 499. At a later period MS. vol ii. f. 19). the University ceased to capital- "^ Munimt'/ita Ac(ide>nica,Tp\>.^ ise tlie money paid to it by the 10. A.D. 1240. V>Y a subsequent Convent of Eynsham, and, treat- statute of the Uni\-crsity the amount ing it as income applicable to of the loans was restricted to < charitable purposes, divided it 131. 4(/. in the case of a Master, j among the most needy Masters of 8j. in the case of a Bachelor, and ! Arts who were actually Rcgcni. 5^. in the case of a Sophister. Ii>ii/. pp. 500502. PO VERTY AND PO WER. 41 harshly used, that they migrated to Cambridge, in the hope of obtaining better treatment there, and a removal of the Uni- versity was recognised as not unlikely in a legal document executed three years later.' In order to understand this state of affairs, it is necessary to bear in mind that, in the first half of the thirteenth century, the University in its corpo- rate capacity was not possessed of any property whatever. The schools in which lectures were given, and the hostels and chambers in which studeats lodged, were alike hired from the townsmen or other landlords ; public business was gene- rally transacted in parochial or conventual churches lent for the purpose. Poverty, however, had its compensating advan- tages, for it left the University free to settle itself wherever it pleased, without risk of forfeiting buildings or endowments. The chief contests of the University against the townsmen of Oxford, against the Bishop of Lincoln, and against other adversaries, were fought and won before it became riveted to a particular spot by material interests. If argument failed and physical force was unavailing, the clerks could, at any rate, leave Oxford, their departure entailing pecuniary loss on the burghers, and grave discredit on the ruling powers in church and state, Gregory IX., in 1231, gave formal permis- sion to the masters at Paris to suspend their lectures whenever the liberties of their University were in danger, and at Oxford too, a general closing of the schools was understood to mean that the clerks would shortly disperse if their griexances did not receive prompt attention.^ The year 1244 is memorable for a riot somewhat different in kind from the riots which so often broke out at Oxford in the middle ages. The clerks, by way of revenge for some acts of extortion, invaded the Jewry in force, and sacked the sumptuous houses of their creditors. Forty-five of the ' Matthew Paris. CJnvnica Ma- ' Du Boulay, Hist. Univ. Paris, /ora, vol. iv. p. 7 ; Twyne MS. vol. vol. iii. p. 141. xii. f. 159. 42 PRIVILEGES. rioters were consequently committed to prison, and it was only at Bishop Grosseteste's urgent demand that the King ordered them to be transferred from civil to ecclesiastical custody.' It is somewhat remarkable that the Bishop should have appointed the Abbot of Oscney and the Prior of St. Frideswyde's as his deputies to receive the imprisoned clerks from the Sheriff, the claims of the Chancellor being thus en- tirely ignored.^ Nevertheless the affair seems to have obtained for the Chancellor a great accession of authority, for, only about a fortnight later, the King issued a decree that all controversies about debts, about the rent of lodgings, or about the price of horses, victuals, or clothes, in which a clerk of Oxford was concerned, should be heard and finally decided by the Chan- cellor.3 This decree, confirmed and renewed by a long series of English kings, may fairly be termed the Magna Charta of the University, for it contained the germ of most subsequent exemptions and privileges. It created a special tribunal for the benefit of students, and invested the Chancellor with a jurisdiction which no legate or bishop could confer, and which no civil judge could annul. The burghers of Oxford incurred the serious wrath of the King about three years later. When Aymar de Lusignan, the half-brother of Henry III., came to study in the schools, in the autumn of 1247, they quarrelled with him and killed his baker. The liberties of the town were consequently sus- pended for two months, and only renewed in consideration of ' CJironkle of Abingdon, (ed. ' the following day by the Prior of Halliwell) p. 5, where however the the Dominicans, the Minister of the date is given as 1245; Fourth \ Franciscans, the Chancellor of the Report of tJie Deputy Keeper of tJic ; University, tlie Archdeacons of Public Records, ^^. 1^,2. \ Lincoln and Cornwall, and P^riar " Close Roll, 28 Hen. III., m. ' John Bacon, on behalf of the clerks. I2(^ (Twyne MS. vol. xiv. f. 90). i Patent Roll, 28 Hen. HI., m. 6// ^ Registruni Privilegioruin. The (Twjne MS. vol. xiv. f. 28). 7"he King's writ was dated at Reading, order in which these persons are May 10. 1 246. and a deed of acknow- nanted is significant, ledgincnt was executed there on AYMAR DE LUSIGNAN. 43 a heavy fine. Various marks of the royal favour were be- stowed on Aymar de Lusignan during his sojourn at the University. He was appointed to a canonry at St. Paul's, and to several English benefices ; and he received on one occasion thirty quarters of charcoal for his fire, on another two hundred marks in money, and on a third thirty bucks from the Isle of Wight and the New Forest. It is therefore evident that his household at Oxford must have been very different to that of ordinary clerks.' A casual breach of the peace which occurred on May Day in 1248, was adroitly turned to the advantage of the University. A Scottish scholar of high position and good character, named Gilbert of Dunfermline, passing by the church of St. Martin at Carfax, late in the afternoon, was suddenly attacked by a party of townsmen, and, as he fled down the High Street, was pelted with stones and with offal from the butchers' stalls. Disabled by the repeated blows of his pursuers, he fell down close to the door of All Saints', and a few days later he died of the injuries he had received. The whole affair being ignored by the Bailiffs of the town, the masters of the University put a stop to all lectures, vowing that, unless due retribution was exacted, all the scholars should leave Oxford, and that the corpse should lie unburied until favourable replies should be received from the King and the Bishop of Lincoln. Grosseteste lost not a moment in ordering his official, Robert Marsh, to publish solemn sentence of excommunication on the murderers, and to make diligent search for them with the assistance of the more respectable burghers.^ The masters, however, were not content to let the matter drop until they had obtained some security against the recurrence of similar outrages. They ' Close Roll, 32 Hen. III., mm. Winchester in 1250. ]8, 14, 13, II, 10/', 10, 8/', 3 ; 34 "" R. Grosseteste, Epistolce.^ (od. Hen. III., m. 10. Aymar de Luard) p. 437 ; Close Roll, 32 Hen. Lusignan was elected Bishop of III.,m. 9. 44 PRIVILEGES. accordingly sent proctors to Woodstock to lay their griev- ances before the King, and, although the townsmen also sent delegates to argue the case on their behalf, Henry III. had no hesitation about granting another charter of privileges to the University. In it he ordained that any future en- quiries as to wrongs done to scholars should be made by juries consisting partly of townsmen and partly of unprejudiced persons from the neighbouring country ; and that in the event of any scholar being killed or grievously hurt by townsmen the whole commonalty should be fined, and the Bailiffs punished separately if found to have been negligent in the execution of their duties. He ordered that every Mayor and Bailiff of Oxford, on assuming office, should solemnly swear to respect the liberties and established customs of the University, and that the Chancellor should always be invited to hear these oaths taken. Moreover, in order to remove two fruitful causes of strife, he forbade the Jews to exact more then forty-three per cent, interest on loans to scholars, and stipulated that the Chancellor and Proctors should have the rioht of beincf present in person or by deputy at the assay of bread and ale." The Proctors, two in number, thus associated with the Chancellor, were, it should be remarked, the delegates of the University, the Chancellor being still, in theory at least, the delegate of the Bishop of Lincoln. A very serious controversy which is recorded to have arisen between the clerks and the townsmen in 125 1, was apparently due to the imprisonment of two of the former.^ The masters again closed their schools, and when Henry HI. came to Oxford with his queen at the beginning of February, the University prayed that thenceforth all clerks arrested by the civil authority should be transferred to the custody of the Chancellor. The King set the two prisoners at liberty, and ' Re(^istr!iin Privikgioruni {Close I ^ Annales iMonastici, vol. i. p. Roll, 32 Ilcn. III., m. 9). May 29, , 147. 1248. 1 PRIVILEGES. 45 promised that clerks arrested for comparatively light offences should be handed over to the Chancellor, who, as viceregent of the Bishop of Lincoln, would be able to inflict due punish- ment, but he reserved to the Bishop or his deputy, specially appointed, the sole jurisdiction over clerks charged with serious crimes. The younger members of the University openly ex- pressed their dissatisfaction at this compromise, and the masters, though approving it, did not resume their lectures for some time.' The King himself was quite resolute on the point, and when three clerks were soon afterwards arrested for wounding the servants of certain other clerks, he ordered that they should only be delivered to the Chancellor to be tried " according to the custom of the University," if the wounds were not likely to prove mortal.^ So again, three years later, he ordered certain prisoners to be handed over to the Chancellor unless they were charged with homicide, theft, or some other offence for which a layman would be in danger of life or limb.s In 1254, Innocent IV. took the University under his special protection, confirmed its different immunities and privileges, and directed the Bishops of London and Salisbury to guard it from evil.'^ He also issued a bull promising that the masters and scholars should not be summoned to judgment outside Oxford by the Holy See or" its Legates, on account of any contracts made within the limits of that town.^ Further privileges were granted to the University in 1255, somewhat at the expense of the liberties of the town. The King appointed that four aldermen and eight discreet burghers ' Monuniejita Frajiciscana, p. | concession should not be adduced 115. as a precedent on any future ^ Close Roll, 36 Hen. III., m. ijb. \ occasion. Twync MS. vol. xiv. 3 Close Roll, 38 Hen. HI., m. 8 I f. 287. (Hare MS. f. 17). In allowing two scholars imprisoned for maiming to ' Mnniatenta Academica, pp. 26 30. be delivered to the Chancellor in j ^ Register of Innocent IV., at 1262, the King stipulated that this Rome. 46 PRIVILEGES. should be chosen to assist the Mayor and the Baihffs in main- taining order and capturing malefactors, and that two officers in each parish should once a fortnight make diligent search for persons of suspicious character, every householder being made responsible for any one who stayed more than three nights under his roof. Vintners were enjoined to sell wine to clerks and to laymen on equal terms, and retail dealers were forbidden to intercept provisions coming to market, or to buy in order to sell again before nine o'clock in the morning. It was decreed that the half-yearly assay of bread and ale should be deemed invalid unless made in the presence of the Chancellor or his deputy ; and that bakers or brewers guilty of adulteration or dishonesty should, for the third offence, be put in the pillory. It was distinctly laid down that the Chan- cellor had the right of demanding the surrender of any clerks detained in the Castle for grave crimes, or in the town prison for lighter offences, and his jurisdiction was further extended by an enactment that any layman convicted of a serious assault on a clerk, should be confined in the Castle, until he should have satisfied the injured party or the Chancellor and University,' In the following year, the King ordered that the assessment of the inns and hostels occupied by scholars, should be made by a joint board of scholars and townsmen, once in five years, instead of once in ten years, and the dissatisfaction with which this change was viewed by the canons of Oseney and other owners of house property in Oxford, shows clearly that a reduction in rents ensued.'' Favoured alike by the King, the Pope, and the Bishop of Lincoln, the University of Oxford occupied a high position in the eyes of the world in the middle of the thirteenth century. Its decisions commanded general respect. Thus, when Henry III. became involved in a controversy with Bishop Ralegh, he ' Rcgisiruni Prh'ikgwrum (Pa- ^ /(^/(Z. (Patent Roll. 40 Hen. III., tent Roll, 39 Hen. III., m. 7). I m. 29) ; Aniiales de Osencia in Annalcs MonasUci^ vol. iv. p. iii. VISIT OF THE ARCHBISHOP. 47 consulted the masters of law at Oxford on the questions at issue, and he afterwards caused his defeated opponent to be denounced in the schools, as infamous.' So again, in 1252, Boniface of Savoy, Archbishop of Canterbury, laid his grievances against the Bishop of Winchester, before the great English university. Matthew Paris relates that the Primate " directed his steps towards Oxford, in order that, having summoned the whole body of scholars who were assembled there for purposes of study from different parts of the world, he might publish the wrong committed, so that by the scholars' report even distant nations might hear of the offence. And when proceeding thither he drew near to the town, an innumerable throng of clerks mounted on richly caparisoned steeds, and attired in fine apparel, came towards him, and on meeting him received him with applause and honour as became an archbishop and primate of all England, so noble by birth ; and provided him abundantly with meat and drink for his table. And when the Archbishop and the clerks of Provence in his suite remarked their courtesy, the dignity of their bearing, the texture of their dress, and the gravity of their character, they were obliged to own that the University of Oxford was worthy to be reckoned the rival of the University of Paris." The scholars were summoned by their common bell, to hear the Archbishop proclaim his decree on the 7th of December, 1252. In another place INIatthew Paris speaks of Oxford as " the second school of the Church." ^ At the same time, the cosmopolitan character of the University was very unfavourable to the maintenance of good discipline. The schools were frequented by impetuous young men, coming from different countries and speaking different languages, who viewed one another with distrust and antipathy. Blows were exchanged on slight provocation, " Patent Roll, 28 Hen. III., | ' "^ Chronica Majorn, vol. v. pp. ni. 10 ; Matthew Paris, Chronica \ 353, 368. Majora, vol. iv. p. 265. 1 48 INTESTINE FEUDS. and the battles of contending nations were on a small scale reproduced in the narrow streets of mediaeval Oxford. Party spirit showed itself specially strong whenever the natives of any particular country met to celebrate the festival of their own patron saint, for on such occasions they would assemble in great numbers, and go to church dancing and shouting, with masks over their faces and garlands on their heads. The University therefore resolved to put a stop to such excesses by prohibiting all national festivals, and decreed that if any one wished to do honour to the patron saint of his own diocese, he should go to his parish church alone, so that there should be no great assemblage at any place.^ It would appear that the University of Paris was also periodically troubled by demonstrations of over-zealous patriotism, but as it had recognised the existence of at least four different Nations within its Faculty of Arts, it was obliged to accord one annual festival to each Nation, besides the feasts of St. Catharine and St. Nicholas, which were observed by scholars of all races alike.^ The University of Oxford was not entirely successful in its attempt to suppress the spirit of clanship, for bloody feuds continued to break out from time to time within its precincts, until it became more exclusive in character. In 1252 there was a great controversy between the north-country scholars and the Irish scholars, which was not appeased without difficulty. An oath was eventually imposed on the members of both parties that they would not disturb the peace of the University, that they would not shield offenders from punishment, and that they would secretly denounce rioters to the Chancellor, an arrangement being moreover made that if the Chancellor was suspected of partiality in a suit ' Mini. Acad. \). 18. Nation at Paris was St. Edward - l)u Boulay, IlisL Univ. Pan's, the Martyr, but he was deposed in vol. iii. p. 420. A.T). 1275. The I favour of St. Thomas of Canter- orit^inal patron of the Enj^dish ' bury. THE DOMINICAN FRIARS. 49 between them, he should have two Northerners and two Irishmen as assessors. An agreement to this effect was subscribed by twenty-one representatives of the North, of whom sixteen were Masters, and by four Irish Masters and twenty-four Irish scholars. It is specially interesting as con- taining the earliest authentic mention of the assembly of the University in the church of St. Mary "in full Congregation."' In December 1258, there w^as a general encounter; Scotsmen, Welshmen, Northerners and Southerners, advanced to the fray under their respective banners, and several of the combatants were killed.^ A few weeks later, a party of riotous clerks, among whom was the vicar of St. Giles's Church, rescued from prison a man who had been condemned to death for murdering his wife.3 Well might Roger Bacon say that the scholars of Oxford scandalised the laity by their fights, their quarrels, and their other vices. ^ While the secular clerks were thus abusing the liberty accorded to them by the University, the mendicant orders, through the severity of their discipline and their serious attention to study, were rapidly gaining honour and in- fluence. The Dominicans, finding their residence in the Jewry too small for their wants, removed in 1245 to an island in the southern suburb, bounded on the north by Trill Mill Stream, and on the south by the main channel of the river. 5 There they built a church in the following year, and the convent at Oxford soon became the recognised place of study for friars from the northern part of Europe. When the Prior of the English Province showed himself reluctant to admit foreigners, he was severely punished by his superiors. A chapter-general, which met at Barcelona in 1261, not only condemned him to say seven masses, to live on bread and ' Mun. Acad. pp. 20 24. ; Abbyeviatio, p. 146. ^ ?slatt. Paris, vol. v. p. 726. | Twyne MS. vol. xxiv. f. 26. '^ Ibid.'^.'j\l\ Flores Historiarnm., j = Annales Monastici, vol. iv. pp. (ed. 1570) p. 281 ; Piadtoruin 94. 95. E so THE MENDICAXT ORDERS. water for seven days, and to undergo seven scourgings, but dismissed him from his place and sent him to Germany. The other officers of the order who had supported his policy were also made to suffer for their excessive patriotism.' No material trace of the Dominican convent is to be seen at Oxford, but a memorial of it still survives in the names of " Friars Street," " Blackfriars Road," and " Preachers' Pool." Encouraged by the success of the Dominicans, the Car- melites, or White Friars, came to Oxford, and in 1256 built themselves a house on the west side of Stockwell Street in the northern suburb. "" The Friars of the Sack also established themselves near the Castle; and in 1268 the Augustinian Friars obtained from the King the site for their future convent outside Smith Gate in Holywell. 3 The friars, however, who acquired by far the greatest in- fluence were those who professed the rule of St. Francis. Under a long series of able teachers the Franciscan school at Oxford grew in size and reputation, until it became famous throughout Christendom as the rival of the Dominican school at Paris.4 For some thirteen years after the promotion of Grosseteste to the see of Lincoln, the chair of divinity in the Minorite convent was occupied successively by three secular priests, each of whom, like him, quitted it in order to accept high ecclesiastical preferment. 5 In 1248 however, Friar Adam Marsh, a pupil of Grosseteste, who had taken the degree of Doctor before entering the order, was appointed to instruct his brethren in theology, and from that time forth ' Martene ct Durand, Thesaurus Novus Anecdoloriuii, vol. iv. pp. 1730, 1731- " Annales Alonastici, vol. ii. p. 113; Dugdalc's Mouasticon^ vol. viii. p. 1575. ^ Dugdale, pp. 1596, 1608. ^ Ibid. pp. 1525 1531- 5 Master Peter, Grosseteste' s immediate successor, was made a bishop in Scotland ; Master Roger de Weseham, Archdeacon of Ox- ford, Dean of Lincoln, and Bishop of Coventry ; Master Thomas W'al- lensis, Bishop of St. David's. Moujiiucnta Ernnciscaua, (cd, I]re\ver) pp. }-], 38. ADAM MARSH. 51 it was not found necessary to engage secular teachers.' Friar Roger Bacon, a writer by no means inclined to flatter the members of his own order, can hardly find words strong enough to express his admiration of his friend Adam Marsh. In one passage he classes him with Solomon, Aristotle, Avicenna, and Grosseteste, as "perfect in all knowledge"; in another he describes Grosseteste and Marsh as "the greatest clerks of the world, and men perfect in know- ledge, divine and human." ^ Some of the letters of " the Illustrious Doctor," as Marsh was formerly styled, have been preserved, and, if they scarcely warrant the high encomium of Bacon, they are at least interesting records of an unselfish and honourable life. The Oxford friar had as his two chief correspondents Robert Grosseteste, the champion of the English church, and Simon de Montfort, the champion of the English people. Yet, notwithstanding his apparent attachment to the anti-papal and constitutional cause, he was equally sought and consulted by such papalists as St. Bonaventura and St. Antony of Padua on the one hand, and by the queen of Henry III. on the other. " At one time," observes Dr. Pauli, " we find this ever-active man endeavouring to obtain increased stipends and allowances for poor scholars of merit, or books and vellum for some industrious members of his order ; at another time he is anxious to secure his brethren protection from the hostile university authorities, or^ to free them from attendance on some course of lectures. At one time we find him preaching before the court, or, by the command of the pope, exhorting his hearers to join the crusades ; at another time he has business with the Parliament in London, while he also accompanies the archbishop to Rome, and is one of the delegates at the Council of Lyons. Then again we find him occupied in the spiritual duties of his brotherhood, either ' Mo7iunienta Franciscana, pp. I ^ Opera Inedita, pp. 70, 75, 329. S, 39, 542. I E 2 52 RIVAL FACULTIES. compassionately administering consolation in the hour of bitterest need, relieving the conscience of a man who has unjustly possessed himself of property, or giving his advice and assistance to a poor woman, who has been involved in a complicated matrimonial process, and has been unmercifully dealt with by the subtile and avaricious practitioners of the law. " ' Two of Adam IMarsh's letters relate to a point of some im- portance in connexion with the system of academical degrees. Ever since the different schools at Oxford had become welded into one corporate body, it had been tacitly recognised that the University was " founded in Arts," or, in other words, that its primary duty was rather to provide students with a liberal education than to instruct them in the distinctive elements of any particular profession. All its members had as a matter of course applied themselves to the study of the Trivhnn or the Qiiadrk'ium, and it was only after mastering these that some of those who stayed a long time at Oxford had turned their attention to other subjects. The Faculties of Law and Theology were therefore composed exclusively of elderly or middle-aged men, who had already gone through the ordinary course in the schools of arts. The Franciscan students, however, viewed some of the liberal sciences with indifference, if not with hostility, and only took part in the public exercises of the University in order thereby to obtain the much coveted title of Master, or Doctor, of Theology. In the year 1253 they attempted a bold innovation, and a certain friar, named Thomas of York, who had never lectured in arts, came forward to claim a theological degree. The leaders of the University were thrown into considerable perplexity. On the one hand the candidate was well qualified to teach the subject which he had made his special study, and he had not violated any written rule ; on the other hand all precedents ' Pictures of Old Eni^daiid, (trs. I Drcwer's introduction \oMo)niiJic]iia by OUc) pp. 67, 68. Cf. I'rofessor I Frauciscaiux, pp. l.\x.\iv Ix.xxvii. DEGREES IN THEOLOGY. 53 were against him. A committee was appointed to report on the matter, and the Chancellor, Masters, and chief Bachelors, held three meetings before they could come to a decision. Adam Marsh pleaded the cause of his order zealously, but with- out success. Warned by the example of the University of Paris, where the Dominicans had established a perpetual right to one of the public chairs of divinity, the Oxford Masters refused to acknowledge an)/ difference between friars and other students. Although Thomas of York was, as a personal favour, allowed to " incept," or, as we should say, to take his degree, a statute was made declaring that thenceforth no one should be allowed to incept in theology who had not already been admitted Master of Arts in some University, before lecturing on a book of the Bible or of the Sentences or His- tories, and preaching publicly before the University, The Chancellors and Masters moreover, while reserving to them- selves power to grant dispensations, technically styled " graces," took care to enact that any one attempting to procure a grace by the interest of any powerful patron should ipso facto forfeit his privileges as a member of the University. They evidently intended by this clause to counter- act the subtle influence which, through the confessional and otherwise, the mendicant friars then exercised over spiritual and temporal magnates alike. And as a further security, they in- sisted that the new statute should be subscribed not only by the Chancellor, by the blasters Regent in Theology and in Law, and by the two Rectors, or Proctors, of the Faculty of Arts, but specifically by Friar Hugh of Misterton as representative of the Dominicans, and by Friar Adam Marsh as representative of the Franciscans.' The victory of the Masters of Arts was complete, and, notwithstanding the resistance of the Donuni- cans about sixty years later, it has proved lasting. Although I^.Iasters of Arts arc practically exempt from the duty of ' Moipujnenta Frnnciscana, (ed. ineiita AcadLiiiica.'^. 2^. Brewer) pp. 338, 346, 347 ; Mini, 54 ROGER BACON. lecturing in school, a degree in arts is no less necessary- nowadays as a preliminary for a degree in theology, law, or medicine, than it was six hundred years ago. At the same time it must be remarked, that the Masters of 1253, in their very anxiety to do honour to the liberal arts, unwittingly caused them to be regarded as mere preliminary studies for men aiming at higher knowledge. The Faculties of Theology, Law, and Medicine, soon took rank above the Faculty of Arts, and the teachers of these superior Faculties came to be styled Doctors, in contradistinction to the Masters of Arts.' The contemporary fame of Adam Marsh, and all other noted Franciscan teachers of the thirteenth century, has in later times been entirely eclipsed by that of a simple friar who lived and toiled almost unobserved within the walls of the convent at Oxford. Roger Bacon, now generally recognised as the greatest natural philosopher in England before the time of his namesake, Francis Bacon, joined the Grey Friars about 1257, after having devoted twenty years and a large sum of money to the prosecution of scientific studies. But he soon had occasion to regret the irrevocable vows that he had taken, for he found his new brethren intent on idle speculations, and when he showed himself desirous of writing a book for public circulation, his superiors threatened to seize his materials and to place him on a diet of bread and water. All his knowledge might have died with him if Pope Clement IV., more tolerant than the friars, had not expressly authorised him to commit his discoveries to writing. Thus released from his com- pulsory silence, Bacon set to work in good earnest, and in a wonderfully short time produced several books of the highest interest.^ This is not the place to notice Bacon's pro- ' Iluljcr's iL/ii^iish U/th'Cfsitics, (trs. h\ Xewmanj vol- i. p. 134. - I'^niilc Charles, Roj^^er Bacon, Sa I 'if. ses On7'ra('is. ses Doctrines. The biographer states that Bacon was educated " an College de Mer- lon on a eclici dii Ncs de Bronze^^ regardless of the facts that Merton ROGER BACON. 55 phctic anticipation of the use of gunpowder and of telescopes, or his other schemes and theories ; but his pages afford some information about the state of learning in the second half of the thirteenth century, especially at Paris and Oxford. P>om them we learn that civil law was the favourite study of the more ambitious scholars, inasmuch as it led to wealth and honour. "Jurists," writes Bacon in 1271, "receive all rewards and benefices, so that students of theology and philosophy have not wherewithal to live, to obtain books, or to explore and make trial of the secrets of science. Nor have jurists who profess the canon law, the means necessary for subsistence and study, unless on account of their previous knowledge of civil law. . . . Every first-rate man, having an aptitude for theology and philosophy, betakes himself to civil law, because he sees that civilians are enriched and honoured by all prelates and princes. . . . The greedy Faculty of Civil Law attracts the mass of the clergy." "A civil lawyer is more praised in the Church of God, even if he be skilled only in civil law^, and ignorant of canon law and theology, than a Master in Theology, and he is sooner chosen for ecclesiastical dignities." ^ These words only echo the complaint of Innocent IV., who had done his best to restrict the study of civil law to the confines of the Holy Roman Empire. He had, about 1254, issued a decree that no professor of law or advocate who was not skilled in the liberal arts, should be advanced to any ecclesiastical dignity or benefice whatever in France, England, Scotland, Wales, Spain, or Hungary, and he had suggested to the rulers of these countries that all lectures on the jurisprudence of ancient Rome should be absolutely prohibited in all places where it was not recognised in the ordinary courts of law. ^ But all repressive College Avas not founded until he was about fifty years of age, and that he died at least two hundred years before the foundation of llrasenose College. See Ur. Plump- tre's admirable article on Roger 15 aeon in the Conte/iiporaiy Reinew, vol. ii. pp. 364392. ' Opera hiedila. pp. 84, 418. - Du Boulay, Hist. Univ. Paris, \ol. iii. p. 265 ; Savigny, GescJiicJite dcs Roinisclicii Reditu ^^i\\). xxi. 137. S6 ROGER BACON. measures had proved ineffectual, and Bacon seems to have been somewhat alarmed lest the Doctors of Civil Law at Paris and Oxford should follow the example of those at Bologna, by refusing the tonsure, and by taking to themselves wives, while still claiming to be considered clerks. For his part the friar was of opinion that if clerks must needs study laws made by laymen, they would be better employed on the common law of their own country than on any foreign system, however venerable or popular.^ The prevailing studies of the theologians were no less sharply reproved by the same critic. Bacon complains that the commentaries of Peter Lombard were more highly valued than the text of Holy Scripture, and that, at Paris at least, lecturers on the Sentences had the first choice of hours. In contrast to the practice of his own day, he cites the examples of holy teachers and wise men of old, among whom he takes care to mention Robert, Bishop of Lincoln, and Friar Adam Marsh, who always adhered closely to the text.^ He declares that Richard of Cornwall, whose lectures on the Soitences, delivered at Oxford in 1250, had profoundly influenced the whole I'aculty, was a mere madman, and he finds small grounds for hope for the future, except in the comparative neglect which had already overtaken the Suninia ascribed to Alexander of PLales, "the Irrefragable Doctor." 3 He does not spare even Albert the Great or Thomas Aquinas, and he complains that the friars in general, puffed up with pride, attempted to teach without having themselves learned. He avers that thousands of boys entered the mendicant orders unable to read their Psalter or their Latin Grammar, and were forthwith set down to the study of theology--^ So again, when treating of the liberal arts, Roger Bacon urges that boys should be instructed in the Vulgate and in the ' Oprra Incdita, p. 419. 1 Opera Incdita, p. 327. - li'id. pp. 32S, 329. 42S. I Ibid. pp. 425,426. ^ Lharks, Roi^^cr Bacon, p. 415 ; ,' ROGER BACON. 57 moral writings of Seneca, rather than in the amatory poems of Ovid, and he declares that the ordinary method of teaching geometry was needlessly long and tedious,^ He laments the paucity of good mathematicians, and the fact that no lectures on optics had ever been given at Paris, and very few at Oxford. ^^ With regard to natural science he maintains boldly, that it is useless to rely on authority, experiment being the only sure guide to certainty.^ Such views were scarcely likely to find favour at a time when authority was worshipped with blind devotion, and there is reason to believe that the adventurous friar was m.ade to suffer for his opinions by imprisonment and disgrace. At any rate his superiors managed to suppress his works, so effectually that no quotations from them are to be found in authors of the thirteenth or fourteenth centuries.'^ His principal treatise, the Opes JMajiis, remained in manuscript until the middle of the eighteenth century, and three other treatises by him of the highest interest have only found an editor within the last thirty years. In the meanwhile the fame of Friar Bacon was kept alive by a vulgar tradition. According to ignorant persons, who could not appreciate the advantages of experi- mental science, the industrious scholar working in his cell for the glory of God and the advancement of true learning, was a crafty alchemist conspiring with infernal spirits to penetrate the inscrutable mysteries of nature. A similar charge of necromancy was brought against the fair name of Bishop Grosseteste, Bacon's great exemplar, but it was amply refuted by the many miracles and prophecies popularly ascribed to him. His death in 1253 was said to have been heralded by sounds of supernatural music, the deep tones of a heavenly bell above all proclaiming that the spirit ' Opera biediia, pp. 54. 66. 1 '^ Charles, Roger Bacon, pp. 37, == Ibid. pp. 35, 37. i 40^42. 3 Ibid. pp. 43, 469- i 58 THE UNIVERSITY OF OXFORD. of the holy Robert was departuig from the exile of this world, which he had never truly loved.' Henry of Lexington, Grossetcstc's successor in the see of Lincoln, showed himself unfavourably disposed towards the scholars of Oxford, and in 1257 some Masters of Arts, about nine in number, repaired to the King at St. Alban's, to make formal complaint that the Bishop was encroaching on the liberties of the University. Matthew Paris the chronicler, who was at that time a monk at St. Alban's, had a private interview with the King and pleaded their cause warmly, saying: " Sire, in the name of God take care of the Church already tottering. For the University of Paris, the nurse and mistress of so many holy prelates, is disturbed in no slight degree, and if the University of Oxford, which is the second school of the Church,or rather the very foundation of the Church, be similarly disturbed at the same time, it is greatly to be feared that the whole Church will be ruined." The delegates from Oxford were accordingly ordered to appear before the Parliament which was about to assemble at Westminster, and it would seem that the dispute was there settled.'' The exact point at issue is nowhere specified, but it is not improbable that the Bishop may have tried to restrain the Chancellor from inflicting spiritual punishment without his special leave. At any rate, in 1262, we find the Chancellor and scholars of Oxford issuing sentence of excommunication in their own name against the Bailiffs of the town, on account of the detention of certain clerks in prison. ^ A few months previously, the claims of the Chancellor had come into conflict with those of the Crown, respecting the right to decide causes between Jews and scholars. i\ll Jews in ICngland were, it will be remembered, looked upon as mere serfs of the King ; the districts in which they lived ' Perry's Life of Grosscfcst:^ p. 1 " Matt. Paris, Cliroiiica Majora^ 44 ; Matllicw Paris, Clironica \ \o\. v. p. 618. Mdjora, \kA. v. p. 407. I ^ Close Ru!l.4') IJcn. lll.,ii]. \il>. SCHOLARS AND JE IVS. 59 in the large towns were, like the royal forests, exempt from the operation of the common law. Thus, while the Angcvins and the Plantagenets had no compunction in helping them- selves freely and frequently from the hoarded treasures of the Jews, they were careful to protect them from pillage by others. The ecclesiastical law against usury did not apply to members of the Hebrew communion, and causes between them and Christians were referred to a mixed tribunal.' Before the establishment of St. Frideswyde's Chest, and other funds for granting loans to poor students, the Jews were the only money-lenders at Oxford, and they had consi- derable dealings with the clerks throughout the reign of Henry III, Although the rate of interest in their cases had been specially limited by the King to twopence a week on a pound, many misunderstandings used to arise, and the Chan- cellor was often called upon to decide between Hebrew credi- tors and Christian debtors. The Constable of Oxford Castle, how^ever, in 1260, took upon himself to call in question the Chancellor's authority over the Jews, contending that they did not form part of the ordinary community of the town. The matter was referred by the King to certain commissioners and a jury of townsmen, and they reported that it would not be wise to limit the Chancellor's jurisdiction too closely, "for the said Chancellor doth not take alms, or money of the said scholars or Jews, but nourisheth peace and tranquillity between them, and administereth speedy justice to either party."^ This testimony to the impartiality of the Chancellor's court would be the more valuable if there were no reason to suspect that in thus praising the Chancellor, the townsmen were chiefly actuated by a desire to humiliate the Jews ; for much as they hated the scholars, they hated the Jews yet more. Anyhow, the controversy was settled in favour of the Chancellor, with the full consent of the King. ' Stubbs's CoHstiiitiional His- I - Tovey's Ant^Ua fudaica, pp. to>'y, vol. ii. p. 530. I \-:i'hiy:). 6o RICHARD OF WYCH. Of the Chancellors who successively presided over the schools of Oxford during the long reign of Henry III., the most eminent, after Robert Grosseteste, were Ralph of Maidstone, Richard of Wych, and Thomas Cantilupe. All three became bishops of the English Church, and two of them obtained the posthumous honour of canonisation. Ralph of Maidstone, who was Chancellor in 123 1, has already been mentioned as one of the chief scholars who repaired to Oxford, in 1229, in consequence of the temporary dispersion of the University of Paris. ^ He was at that time Archdeacon of Chester, and after holding the deanery of Hereford for a while, he was elected Bishop of that diocese in 1234.^ Five years later, attracted by the zeal and holi- ness of the early friars, he resigned his see in order to become a Franciscan at Oxford. 3 Richard of Wych was born in Worcestershire towards the close of the twelfth century. Renouncing in favour of his brother a small landed estate and the hand of a rich heiress, he went, after the death of his father, to study logic at Oxford and Paris. One of his biographers dwells on the frugality of his habits at this period. He shared a room, and even the use of an academical cope, with two other students, so that when one of the three went to the schools the others had perforce to stay at home. Meat and fish were never seen at their table save on Sundays and holy days, and the rare occasions on which guests were expected. Nevertheless Richard of Wych used afterwards to look back on this as the happiest time in his life. After taking his degree at Paris, he settled at Oxford as a teacher of the liberal arts. Thence he betook himself to Bologna, where he studied ci\il and canon law for upwards of seven years. During the illness of his master he lectured in his stead for six months ' Page 31 ; Close Roll. | 3 Monmnenta Franciscana, (ed. ' he ^Q\'c, Fasti Fcclcsice Ani^li- \ Brewer) p. 542. cance THOMAS CANTILUPE. 6i with great success, but being unwilling to wed his master's only daughter, who was offered to him in marriage, he took the next opportunity of returning to his native land. He appears to have been Chancellor of the University of Oxford in or about the year 1238. Offers of honourable employment soon came to him from the two most eminent sons of the University, Edmund Rich, Archbishop of Canterbury, and Robert Grossetcste, Bishop of Lincoln. Attaching himself to the former as Chancellor of the Archiepiscopal Court, he accompanied his patron into exile, and stayed with him until his death at Soissy in 1240. Then he went to study theology in the convent of the Black Friars at Orleans, and there became a priest, though without actually joining the Dominican Order. He was consecrated Bishop of Chichester by Innocent IV. at the time of the Council of Lyons, and he was canonised by Urban VL in 1261, only eight years after his death.' The shrine of St. Richard, in the cathedral church of Chichester, soon became one of the most popular in the south of England, and his name is still retained in the reformed calendar of the Anglican Church.^ Thomas Cantilupe, the last of the Chancellors of Oxford who requires special notice in this place, was a man of illus- trious birth. His grandfather and his father had successively held high office under the Crown ; his mother was a mem.bcr of the noble house of Gournai. Born about the year [220, he was from an early age bred as a clerk, under the advice of his uncle, Walter Cantilupe, Bishop of Worcester. Plaving taken his degree as a Master of Arts at Paris, he applied himself to the study of jurisprudence and became a Doctor of Canon Law at Oxford. He was noted alike for his piety and for his wealth. While at Paris he kept a private chaplain to say ' The life of St. Richard, by his | Acta Sanctorum, vol. x. pp. 276 confessor, Ralph Docking, a Doini- j 3'6. nican friar, and another life of him j - SieY>^-\cn%' s Memorials 0/ the Sec from Capgrave, are printed in the 0/ Chichester. 62 THOMAS CANTILUPE. mass for him every morning, and he used daily to feed a certain number of poor persons at his lodging. On one occa- sion he took his plate with him from Oxford to London, and there gave a banquet to the King's son Edward, and other great men of the realm. He was chosen Chancellor of the University in 1262, and it is recorded that he discharged the duties of that office with singular ability. So anxious was he to appease a riot that had broken out between the Northern and the Southern clerks, that he interfered in person, at the im- minent risk of his own safety. He did not come out scatheless, but he freely forgave the injury to his academical cope that was done by a Northerner in the heat of the fray. In order, however, to prevent the recurrence of such events, he made it his rule to confiscate the arms of all riotous scholars, and to bestow them on others of better character. Thus it was that a certain Hugh le Barber was intrusted with the sword of Roger de Horn, a braggart who declared himself able to hold his own against twenty adversaries. From Oxford Thomas Cantilupe was summoned by Simon de Montfort and the barons of his party, in 1265, to act as Chancellor of all England, but his tenure of the Great Seal was brought to an abrupt close six months later by the fatal battle of Evesham. After this brief experience of political life, he went to study theology at the University of Paris, and he there gave '' cursory " lectures on the canonical Epistles. He returned, however, to complete his course at Oxford, and it was at Oxford that he took his degree as Doctor of Divinity in 1 273. His "inception" was by his own desire postponed for a while, in order that his former master. Friar Robert Kihvardby^ Archbishop-elect of Canterbury, might preside at it. The ceremony took place in the church of the Black Friars, and at the disputations called " Vcsperice" held on the previous day, the new Archbishop said publicly of his pupil : '' So help me God, this man is as pure in mind and bod}- to-day as on the day of his birth/' and in support of this statement added : THE GREAT RIOT OF 1264. 63 " If you ask of mc how I know this, I answer before God, that by hearing his confessions for very many years past I have read his conscience and Hfe as clearly as you could read a well-written book laid open before your eyes." Thomas Cantilupe was at that time about fifty-four years of age. After lecturing on theology for only sixteen months, he re- paired to the Council of L}'ons. On his return he was elected Chancellor of the University for the second time, and in 1275 he was promoted to the see of Hereford. He died in Italy seven years later, and after long negotiations he was canonised by Pope John XXII. in 1320.' No Englishman has attained a like honour since that date. The great question at issue between Henry III. and the barons did not seriously affect the peace of the University before the year 1264, and the strife which then arose at Oxford seems to have been due as much to local as to political causes. The slightest provocation on either side was generally enough to array clerks and laymen against one another, and it would have been strange indeed if the sudden arrival of the King's son Edward, with a considerable armed force, had not led to some disturbance. As it was, the civic authorities foresaw the danger, and tried to avert it by rigorously closing the gates against the prince, who had taken up his quarters at the King's Hall in the northern suburb. But no sooner had he resumed his journey towards the Welsh Marches than a party of scholars, impatient of restraint, determined to go out and amuse them- selves as usual in the fields of Beaumont. Finding themselves stopped at Smith Gate a gate which stood close to the site now occupied by the Clarendon Buildings they hewed down the wooden doors and carried them off in triumph into the Acta Sanctorum, vol. xlix. pp. 1 the bibliographer than to the his- 539 704. TJic Life and Gcsts of | torian. For a curious account of S. Thomas Cantilupe. by Richard ] the reHcs of St. Thomas Canti- Strange, a Jesuit, pubhshcd at j hipe, see The MontJi, for January, t;hent in 1674, is more vahiable to 1882. 64 ' SECESSION TO NORTHAMPTON. country, chanting over them part of the office of the dead. For this outrage some of the offenders were cast into prison by the Mayor and Provosts, or Baihfifs, in spite of the Chancellor's protest. The angry townsmen were about to make further arrests, when a clerk who saw them advancing in a body down the High Street, gave the alarm to his fellows by ringing the common bell of St. Mary's Church. The clerks were all at dinner, but, on hearing the warning sound, they seized their arms and rushed out at once to give battle. They wounded many of their foes, tore their banner, and put them all to flight. Then, flushed with victory, they pillaged a bowyer's shop, set fire to the house of one of the Bailiffs in the south part of the town, and broke open the Spicery, where the other Bailiff" lived, scattering the stores in all directions. Finally, they re- venged themselves on the Mayor, who was a vintner, by invading the Vintry and drawing all the taps, so that the wine flowed out into the street. For the moment the success of the clerks was complete, but when complaint was made to the King, and they found that they were likely to forfeit their privileges, they lost heart, and determined to secede from Oxford.' It was less than two years since, in consequence of a great riot, many masters and scholars had removed from Cambridge to Northampton, with the avowed intention of founding a third university.^ Thither the Oxonians also betook themselves, and a permanent coalition between the two bodies might have been eff'ected if the King had not induced them to return, by promising that they should not be molested if only they would keep the peace. Very few of them, however, had returned to Oxford before the King issued a new writ, ordering all the scholars to quit the town and stay at home until he should recall them after the session of Parliament then about to be held at Oxford. ' Robert of Gloucester's C//;w/zV/r, ] vol. i. p. 48 ; Close Roll, 49 Hen (cd. Hearnc)pp. 540542. ! III. m. 10/;; Ayliffe, vol. ii. p. ix. - Cooper's yhiJ!a/s n/ Cin/i/'riWiV, THE BARONS' WAR. 65 The reason assigned for this arbitrary mandate was, that many of the lords who had been summoned were so " untamed and fierce " that the King could not be responsible for their conduct. But even if he had really entertained this low opinion of his own followers and in the case of his Scottish allies it may have been well founded his real object in dispersing the University was to protect himself against treachery.^ Most of the clerks were in truth disaffected, and the University itself had such sympathy with the insurgent barons that it did not scruple to grant to them a loan of a great part of the money bequeathed by William of Durham as an endowment for poor Masters of Arts." When therefore Henry III. ejected the clerks from Oxford, many of them openly joined the barons, and by their advice repaired to Northampton, Meanwhile the King assembled his forces, and, as if to show his confidence in the justice of his cause, ventured within the walls of Oxford in person, and paid his devotions at the shrine of St. Frideswyde, in defiance of the popular super- stition that any king who entered the town would certainly incur the wrath of that holy virgin. 3 Parliament met on the 30th of March, and as it failed to bring about a reconciliation between the two parties, Henry HI. raised his camp and marched through Oxford at the head of a formidable army, on his way to Northampton. He found that town closed against him, and foremost among its defenders was a body of Oxford students, arrayed under a banner of their own, and fully ' An;2a/es Monastic/, {ed. Luavd) | vol. iv. p. 142; Walsinghami vol. ii. p. 100; vol. iv. p. 139; I Ypodigma NcustricE., (ed. Riley) p. Chronicle of Abitigdon, (ed. Halli- well) p. 16 ; Blaauw's Barotis' War, (ed. Pearson) p. 120; Patent Roll, 48 Hen. III. p. 2, m. 17 (Hare 514; Dugdale's Monasticon, (ed. Caley) vol. ii. pp. 137, 149. It is difficult to reconcile this tradition with the records of several royal I\IS. f. 20). I visits to Oxford, although it may be "^ Ahtn. Acad. p. 781 ; Smith's | remarked that the King's Hall and Annals of University College, y>- 10. 3 Chronicle of Abingdon, (ed. the Dominican convent, where the King sometimes stayed, were alike Halliwell) p. 17; Annaks Monastici, situated outside the walls of Oxford. 66 THE BARONS' WAR. equipped for war. So well Indeed did they ply their slings, their bows, and their catapults, that the King, enraged at the havoc they wrought among his men, swore that if he suc- ceeded in taking the town he would have them all hanged. The news of the fate awaiting them soon reached the rebel clerks, and, repenting of their rashness in taking up arms, some of them ran away, while others renewed their tonsures and took refuge in the churches. Northampton was taken by stratagem in a few days, and Henry III. was only deterred from carrying out his threat by the remonstrances of his own partisans, who pointed out that such violent measures would alienate from his cause all those of his nobles and other followers who had sons or kinsmen among the scholars.^ The battle of Lewes, a month later, entirely reversed the positions of the contending parties, and Henry HI. found himself a prisoner in the hands of Simon de Montfort. One of the first acts of the conqueror was to issue writs in the name of the King, ordering the dispersed scholars to return to Oxford, and by midsummer the University was re-established in its former habitation. ^ After the King had recovered his liberty, the University obtained from him a confirmation of former privileges, and also a decree that the rent of single rooms occupied by clerks in private houses should be assessed every five years, in the same manner as that of entire houses let as inns or halls, so that young men coming up fresh from the country should not be cheated by extortionate landlords.^ The Papal Legate, Ottobon, was induced to confirm the charter of his predecessor Cardinal Nicholas, and also to promise an indulgence of twenty days to all penitents who should attend the three great anni- versary masses of the University. '^ ' Knyghtoii, in Twysden's ^'f;'/})- " Rcgistnim Privilcgionun Univ. tores Decern, c. 2447. Oxon. (Charter Roll, 52 Hen. III. m. " Patent Roll, 48 Hen. III. p. 2. 6) ; Patent Roll, 53 Hen. Ill.m. 17 m. 11/; (Hare MS. f. 21) ; Annales (Hare MS. f. 23); Miin.Aead.^.Tjj^ Monastici, vol. iv. p. 139. ' Man. Acad. pp. 31, 32. O UTRA GE B V THE JE 1 1 'S. 67 The most memorable incident that occurred at Oxford during the last few years of the reign of Henry III. testifies to the bitter antagonism that subsisted between the Christians and the Jews.' It was on Ascension Day, 1268, as a long procession of clergy was wending its way towards the ceme- tery of St. Frideswyde's, to hear the public sermon, which the Chancellor of the University was wont to preach on that day, that a number of Jews made a sudden attack on the cross-bearer, and having wrenched the cross out of his hands, trampled it underfoot ignominiously. The King's son, Edward, who happened to be in the town at the time, at once sent news of the outrage to his father at Woodstock, and then the King in council decreed that the Jews of Oxford should be forced to atone for this insult to the Christian religion, by provid- ing two new crosses in the stead of the one they had broken. The larger of these crosses was directed to be " made of marble, fair and lofty, well and suitably carved and polished, with a crucifix above on one side and a figure of the Blessed Virgin with her Son on the other, conveniently arranged and gilded " ; and it was to be set up on the very spot where the outrage had been committed, with an inscription explaining the cause of its erection. The other cross was to be carefully wrought in silver gilt, having a staff of the same size as that of an archbishop's cross, and was to be given to the University to be carried in procession on all solemn occasions. The Oxford Jews, shrinking from the cost of constructing such splendid memorials, and shrinking yet more from the humiliation of having to provide for the use of Christian clergy the distinctive symbol of their hated creed, tried to evade the royal commands, by making over their goods collusively to people whom they could trust, and thus rendering themselves apparently poor. The manoeuvre, however, proved futile, for the King ordered ' A dispute in 1273, betv.-een tlie Chancellor and scholars on one side, and the Mayor and townsmen on the other, seems to have been settled by the royal commissioners appointed for the purpose. 2 68 PUNISHMENT OF THE JEWS. the Sheriff, the Mayor, and the cofferers of the Jews at Oxford, to make search for the secreted goods, and, if necessary, to seize and sell them. On the other hand, certain townsmen complained that the erection of a large cross in the street would seriously interfere with traffic, and in consequence of their remonstrance, it was decreed that the marble cross should be placed opposite to the synagogue. This order, which certainly seemed likely to cause fresh quarrels between Jews and Christians, was in turn revoked, and the King gave instructions that the cross should be set up near the church of St. John the Baptist, in the open space where his ex-Chanccllor and trusty adviser, Walter de Merton, was then rearing the walls of the earliest Oxford college, and he at the same time entrusted the custody of the silver cross to the Scholars of jMerton. It was not long, however, before the King was once more induced to reconsider the matter, and the marble cross was eventually placed on or near the site originally chosen, between the cemetery of St. Frideswyde's and the Jewry, while the processional cross was delivered into the hands of the officers of the University, and by them deposited with the rest of the common treasure in the Priory of St. Frideswyde.' These historical details, trivial as they may at first sight appear, are interesting, as showing firstly, that up to the year 1268 the University did not possess any buildings of its own, in which it could keep its property, and secondly, that the college of Walter de Merton, like most novel institutions, was for a time viewed with jealousy, if not with suspicion. ' Tovey's Anglia Judaica, pp. '70173; Mun. Acad. pp. 36, 37, 7S0 ; Ross, Historia Reguni, (ed. Hearne) p. 202. CHAPTER I I I. Origin of the Collegiate System The Chantry of Alan Basset The Bequest of William of Durham Origin of Balliol College^Walter de Merton Origin of Merton College Ordinance of 1264 En- largement of the Scheme Purchase of Land Statutes of 1274 Reforms of Archbishop Peckham Origin of University College Ordinances of 1280, 1292, and 131 1 Development of the House of Balliol. OR those who are acquainted with the Oxford of the present century only, and who regard the admission of " unattached students " to academical status as a novel experiment, it may be difficult to realise that the University was a large and flourishing body long before it contained a single college of secular students, The collegiate system did not take its rise until the second half of the thirteenth century, and at least three more centuries elapsed before it became predominant. Throughout the mediaeval period, the great majority of the secular students lived either in rooms hired from the townsmen, or in halls, hostels, or inns, which, though set apart for their use, and governed by graduates, were little more than boarding-houses. It was not until the reign of Henry V. that clerks were forbidden to lodge in the houses of laymen ; and the halls succumbed only gradually to the increasing power of the incorporated colleges. There are several instances in the early history of Oxford of kings, nobles, and prelates, paying for the education of 70 WILLIAM OF DURHAM. poor students who had been born on their estates, or had otherwise estabhshed a claim on their bounty. Rich men who were very zealous for learning may have resolved to maintain a succession of students at the University, may have engaged a special abode for them, and may even have laid down some sort of rules for their conduct ; but it is obvious that arrangements which depended absolutely on the pleasure of a living patron, were wanting in stability. The first per- manent provision known to have been made for the support of scholars at the University, is contained in a deed of the year 1243, by which the Prior and Convent of Bicester undertook to carry out the instructions given in the will of Alan Basset, then lately deceased. In consideration of two hundred marks received by them from his estate, they bound themselves to pay eight marks a year to two chaplains, who should pray daily for the souls of Alan Basset, his wife, and the faithful departed, at Oxford, or at whatever other place might there- after become the seat of the University.^ This foundation was primarily a chantry, and, as such, it was suppressed in the reign of Edward VI.; but a stipulation that the chaplains should be "scholars" fairly entitles it to a place among institutions designed for the encouragement of learning. About five years after the establishment of the chantry of Alan Basset, Master William of Durham, a scholar of some renown, bequeathed to the University of Oxford the sum of three hundred and ten marks wherewith to buy yearly rents for the maintenance of ten or more Masters in perpetuity. He died at Rouen in 1249, and, after an interval of four years, the University began to buy houses in the town of Oxford with part of the money which it had received from the executors of his will. Most of the fund however was allowed ' ReL,nster of Bp. Wallis, f. 71 (Twync MS. vol. xii. f. 159). Alan liassct, the founder of the chantry, may perhaps be identified with Alan Basset, who held various high offices under John and Henry III., and died in 1232. Cf. Foss's Judges- of England. 5/A' JOHN DE BALLIOL. yi to lie idle in a coffer known as "the Chest of William of Durham," from which unprofitable loans were occasionally granted to clerks, and from which the University did not scruple to help itself in times of need. "Certain magnates" too, presumably the barons who came to Oxford to attend the parliament, or conference, of 1264, borrowed a considerable sum from the Chest, and it was not until more than thirty years after the death of William of Durham that any of the rents purchased with his money began to be applied in accordance with the terms of his will.^ Irrespectively however of this delay, William of Durham can scarcely be considered the founder of the earliest secular college at Oxford, for it is very doubtful whether he intended that the recipients of his alms should be an organised community enjoying corporate rights. Sir John de Balliol, the father of the claimant of the Scottish crown, went some way towards founding the college which bears his name; but he too left his scheme to be perfected by others. It was in or before the year 1260 that he incurred the censure of Walter Kirkham, Bishop of Durham, by some serious offence against ecclesiastical order, and he was not pardoned until he had submitted himself to be publicly scourged by the Bishop at the door of the cathedral church, and had vowed to set apart a certain sum of money for the perpetual maintenance of poor students at the University.^ In fulfilment of this vow, an establishment known as " the House of Balliol " was ere long opened at Oxford, for the reception of poor scholars, the patron granting to each of them a weekly allowance of eight pence for ' Mun. Acad. pp. 780 783; ham, Archdeacon of Durhnm \\\\\. 'iiVM'CviS An7tals of University . Archbishop Clay's Rci^ister, (cd. C^/A'^t', pp. 4 10, 1720; Monu- vienta Franciscana, p. 256. WilUam of Durham has by some been identified with VVilham dc Lane- Raine) p. 245. - Clironicon de Lanercosf, (ed. StCN'enson) p. 69. 72 WALTER DE MERTON. "commons/' that is to say, for a share of the food at a common table.' Nevertheless it does not appear that he ever assigned to them any definite endowment, or accorded to them the right of self-government. He died in 1269, and although his widow DervorguiUa continued to pay the weekly allowances, she did not until 1282 take steps for giving a permanent character to the House of Balliol.^ While the scheme of William of Durham was in abeyance, and while that of John de Balliol was in slow process of development, Walter de Merton planned, founded, and firmly established at Oxford, a college which now boasts more than six centuries of corporate existence, and which may fairly claim to be the oldest institution of the kind in England. Too little, unfortunately, is known about the remarkable man who thus originated a society destined to serve as a model for many others at Cambridge as well as at Oxford. His surname seems to show that he was either born or educated at Merton in Surrey, and a notice of him by Adam Marsh has given rise to a conjecture that he was a pupil of that illustrious teacher. In 1238 he is simply styled " clerk," and it is not until twenty years later that he figures in public life for the first time, as Keeper of the Great Seal. The barons caused him to be dismissed from his post in 1260, on account of his attachment to the King's party ; but in the following year Henry HI., without consulting them, definitely appointed him Lord Chancellor at a salary of four hundred marks a year.3 Having by his own talents and industry raised himself to a position of wealth and honour, Walter de Merton resolved to do something for the advancement of learning, especially among the members of his own family. With this object he obtained licence, in 1262, to assign his ' Chroiiicoii de Mailros, in Ful- | Manuscripts Coviniission, p. 442. man's Re7uin Anglicarum Scrip- \ ^ I5p. Ilobhousc's Sketch of t lie tores. \ Life of Walter de Merton, pp. ^ Eourtlt Report cf tlie II istoric'd i 7. ORIGIN OF MERTON COILEGE. 73 manors of Maiden and P'arley for the maintenance of clerks studying in the schools.' At this time he apparently intended to employ the canons of Merton as the dispensers of his bounty, yet when he executed the conveyance he omitted all mention of them, and transferred the property to eight of his nephews who were then residing at the schools. This was not merely a gift from a celibate churchman to his nearest male heirs, but a lasting endowment for scholars, provision being made for the filling up of such vacancies as should from time to time occur among the eight clerks nominated in the deed.^ The locality in which Walter de Merton placed his original scholars is not indicated by name, but the course afterwards taken by him in the matter, leaves no reasonable doubt that the schools which they were attending were those of Oxford. In 1264, finding perhaps that the revenues of the manors of Maiden and Farley were more than sufficient for the purpose to which they had been assigned, the founder enlarged his scheme considerably, and issued a more elaborate ordinance for the government of "'the House of the Scholars of INIerton." He thereby appointed that the estates should be administered by a Warden, who should occupy the house at Maiden, in company with two or three aged or infirm chaplains, and who should, like them, be supplied with all the necessaries of life. The Scholars on the other hand, not less than twenty in number, were directed to reside, if possible, under one roof, at Oxford or wherever else the University might happen to be, on a yearly allowance of forty shillings apiece. A common dress was enjoined on them in token of mutual affection, and they were required to attend one or two anniversary services in com- memoration of their benefactors. They were allowed to retain their places so long as they did not break the rules by ' Foundation Statutes of Mcrtoii College, (ed. Percival) p. i. Ibid, p. 74 MERTON COLLEGE. misconduct or inattention to study, by the acceptance of a benefice, or what is more remarkable by the assumption of a reh'gious habit. They were entrusted with the privilege of filling up all vacancies in their own number, a preference being, however, reserved firstly for the founder's kin, and secondly for natives of the diocese of Winchester. Eight or nine of the senior Scholars were charged with the duty of going to Maiden once a year, for the purpose of auditing the Warden's accounts. In case the Warden or one of the Scholars became incapable of performing his duties efficiently, he was to be admitted as a brother of the house at Maiden, and maintained in it for the rest of his days. This establishment was also designed to be an almshouse for such servants of the founder as might happen to be left indigent at the time of his death, and a preparatory school for poor boys connected with his family. Finally, Walter de Merton placed his founda- tion in close connexion with a hospital which he had erected at Basingstoke, and constituted the Bishop of Winchester its special patron and protector.' The ordinance of 1264, though solemnly confirmed by the King and by the Bishop of Winchester, bears evident traces of haste in its composition, and takes much for granted. It was probably drawn up by Walter de Merton in order that some account of his intentions might remain on record, if he should lose his life or his fortune in the civil war which was then raging in England. The migration of the University of Oxford to Northampton might moreover have disarranged his whole scheme, if he had not distinctly made provision for such a contingency. Six years later, when peace had been re-estab- lished, he issued a more perfect ordinance, explaining many points which had been left doubtful in the first, and making several changes in the rules. It is scarcely necessary, however, to specify the different additions and corrections that were then introduced, inasmuch as the ordinance of 1270 was in its turn ' rercival, p. 5 ; Statu tts of tlic Cdlci^^cs 0/ (Ai/c^/v/, 1853, vol. i. SITE AND ENDOWMENTS. 75 superseded in 1274 by a code of forty-one statutes, which contain the final expression of the founder's wishes, as modified by the experience of ten years. It is sufficient to observe that the ordinance of 1270 confirmed the dual system by which one part of the community was maintained at Maiden and the other part at Oxford, and that it added considerably to the former endowments.' At first Walter de jMerton seems to have hired for his scholars one or more of the small hostels set apart for the use of members of the University, but as early as the year 1266 he began to acquire land, in order to give them a permanent habitation of their own at Oxford. The site which he selected for the purpose was in the southern quarter of the town, a little to the east of the Augustinian Priory of St. Frideswyde, Having purchased of the Abbot of Reading a plot of ground on the western side of the parochial church of St. John the Baptist, he obtained the King's permission to enclose it, provided that in time of war the burghers might pass through it in order to have access to the town -wall, then lately built. The advowson of the adjoining church passed to him with this plot of ground, and in the same year he secured for his new foundation the advowson of the church of St. Peter in the East, and of the chapel of the Holy Cross at Holywell outside the town, and he induced the Bishop of Lincoln to appropriate all three benefices to it for ever, so that the Warden and Scholars should receive the tithes and other parochial dues. He also bought a tenement on the eastern side of St. John the Baptist's from the Prior of St. Frideswyde's, and another from a Jew named Jacob the son of IMoses of London.^ On the site of these he soon began to erect buildings. He had conceived his scheme on so grand a scale that he resolved to rebuild the chancel of the parochial church as a chapel for his scholars, and also to ' Pcrcival, pp. 14 40; Statittts 1 - Hobhouse, pp. 16 i8:Tovey's 0/ ihc CoIh\i;\'s 0/ O.vjc'fii. \ .-h/^/i'a ///(/a/or, p'p. i So 183. 76 MERTON COLLEGE. cut a channel to divert some of the waters of the Cherwell, so that they might wash the court-yard of the College.^ None of the existing buildings of Merton College can, however, be ascribed to his time, although the high altar of the chapel was dedicated in 1277. The handiwork of the founder must be sought not in any material structure, but in the fatherly regulations by which Merton College was governed until a few years ago. The statutes of 1274, says Bishop Hobhouse, exhibit for the first time in English history " an incorporated body of secular students, endowed with all the attributes of the great Corporations of Regulars self-support, self-govern- ment, self-replenishment settled locally in connection with a great seat of study, acquiring a share of that influence in the University which the establishment of powerful monasteries within its bounds had almost monopolized in the hands of the Regulars, and wielding that influence for the benefit of the Church in the advancement of the secular clergy, who for lack of support and encourage- ment in the Universities, were sadly decayed in learning." ' They show that the founder had for some reason seen fit to close the house at Maiden, and transfer its inmates to Oxford, where the House of the Scholars of Merton was duly established within definite territorial limits. The Warden was the head of the whole body, and occupied a more important position than that assigned to him by the ordinance of 1264. No longer a mere manager of estates and distributor of revenues, he was required to be a man " circumspect in matters spiritual and temporal," and therefore presumably an ecclesiastic. The right of electing the Warden was vested in the seven senior Scholars, who might, if they pleased, make choice of one of their own number. Although liable to be reproved by inferior officers for misconduct, the Warden was only removable at the discretion of the Bishop of Winchester. ' I'crcival, ]). 7. | -' Hobliousc, p. 14. SCHOLARS AND FELLOWS. 77 He had an allowance of fifty marks a year for his tabic, and he drew upon the common fund for the wages of his servants, for the expenses of his wardrobe, and for the keep of his two horses. Every autumn he rode on circuit to the different estates belonging to the society, and, after examining their condition and prospects, fixed the terms on which they should be farmed during the ensuing year. He also received the rents from the collectors. The Scholars, for whose benefit the society was primarily established, formed the largest and most important section of it, and their number was appointed to increase in proportion to the increase of the revenue.' They were required to be " honourable, chaste, peaceable, humble, needy, teachable, and anxious for improvement," and to have undergone a year's probation before formal admission. They were bound by oath to accept and obey the rules of the House, and were all obliged to go through the usual course in arts, the founder having expressly commended philosophy as a most profitable training for theologians and others. At an indefinite time they were expected to proceed thence to the study of divinity, and the Warden might give leave to four or five of the most advanced to learn canon law or even civil law. It would appear that the elder students acted as tutors to the younger students, who were under the special charge of a resident grammar- master. This gramm.ar-master might be consulted without shame by the elder Scholars, and he was authorised to correct all mistakes that he heard in their conversation, whether Latin or English. Old and young were alike styled Scholars. When mentioned in relation to one another they were some- times called Fellows, but the word Fellow had not as yet acquired the technical sense which it now bears, and it was ' A papal bull of tlie year 1280 who were to till the ground and states that the establishment was wait on the scholars. Twyne MS. founded for forty scholars and for vol. xxii, f. 322. certain lavmen living religiously. 78 ME R TON COLLEGE. only used by Walter dc Mcrton in token of the spirit of equality and companionship which should prevail among the recipients of his bounty. It occurs in a similar sense in 77ie Reeve s Tale a century later : " Our corne is stolen, men wol us fonncs calle, Both the wardein, and eke our fellawes alle." ' The Scholars of Merton Hall, though of course clerks according to the wider meaning of the term, were not necessarily in holy orders. They were obliged to vacate their places on accepting a benefice, or on entering a monastic order. Expulsion was inflicted for grave offences, for in- subordination, and for idleness, while only such Scholars as had been expelled for offences of the more venial class, and had since shown signs of repentance, could ever hope to be re-admitted, and then only as probationers. If after a year's illness a Scholar seemed incurable, he was transferred to St. John's Hospital at Basingstoke. The right of settling all these matters lay with the Warden and six or seven senior Scholars, and against their decision there was no appeal. General chapters, or scrutinies, at which any member of the house might bring forward accusations against his fellows and ventilate grievances, were held three times a year, and the records of the fourteenth century show how minutely the conduct of the different inmates used to be examined on these occasions.^ When vacancies occurred, they were filled up by the unanimous vote of the Warden and at least si.x senior Scholars, candidates who were of the founder's kin, or natives of a diocese in which the College held property, being expressly preferred. In point of fact Northerners were seldom admitted. 3 The Scholars received an annual allowance of fifty shillings apiece, or rather of so much of that sum as ' Chaucer's Canfninny Ta/i's. \ 6jo 674. - Rogers's Llistory of Agri- \ ^ Twyne MS. vol. ii. f. 33. culture aud Piiccs, vol. ii. pp. ] INTERNAL ECONOMY. 79 remained over after the value of their commons had been deducted. It has been remarked as characteristic of Walter de Merton's scheme, that he assigned some portion of secular business to as many of his scholars as could be employed in the affairs of the College ; three of them acted as bursars, or treasurers, and five others as auditors of the accounts,' The eldest in each dormitory was styled the Dean, and was held responsible for the good behaviour and industry of the other inmates. All the Scholars dined and supped together in the refectory, or hall, where, according to monastic usage, some one read aloud in Latin during meals. The principal table was occupied by the Warden, the Vice-Warden, and three or four chaplains, and was served by five menials. To this table came also such of the land-agents of the College as had business to transact at Oxford. Inasmuch as most of the farms were kept in hand until the middle of the fourteenth century, the whole society was in great measure dependent on the honesty and prudence of these agents, who, by the founder's order, were constituted brethren of the house.'' Once a year a rigorous inquiry was held at one of the manors into the administration of the Warden, the agents, and the bailiffs, in the presence of the Vice- Warden and eight or ten of the senior Scholars. If it appeared that the annual revenue had been increased by their good management, one tenth of the increase v.^cnt to better the fare at the Warden's table. All the domestic service at the house in Oxford, and as far as possible in the manor houses, was performed by males, but the number and position of the difiercnt servants are not specified in the statutes. Poor boys of the founder's kin, up to the number of Rogers, vol. i. p. 115. Paris. This institution however = y /;/(-/. p. 24. Jt has been thought was intended for theologians only, by some that Walter de Merton and there is little resemblance based his statutes on those of the between the two codes. College of Robert de Sorbonne at So ME J^ TON COLLEGE. thirteen, received a free education under the care of the Warden, in order that they might become quahfied for scholarships, Walter de Merton justifying the favour shown to his own relations on the score that they would have succeeded to his property in the ordinary course of law, if he had not disinherited them by bestowing his goods on an academical institution. All members of the society were required to attend the commemorations of benefactors, that were held at the times of the three general chapters, or scrutinies. The Warden and eight or ten senior Scholars had the power of making addition to the statutes. Such was the novel institution set up at Oxford by Walter de Merton, at a time when other churchmen were still intent on furthering the extension of the monastic system. Many of his regulations were obviously copied from those of the religious houses. The subjection of the inmates of the House of the Scholars of Merton to a common head, their freedom from external interference, the novitiate to be undergone before admission, the use of a common table and of a common burial-ground, the anniversary services for the soul of the founder, and other arrangements, recall the internal discipline of a monastery. On the other hand, the Scholars were not lodged in a common dormitory, they were not dressed quite uniformly, and they were not required to observe the canonical hours on ordinary days. Above all, they were not bound by perpetual vows of poverty, chastity, or obedience. Walter de Merton was promoted to the see of Rochester in 12/4, but he died three years after, leaving the material fabric of his foundation at Oxford to be completed by others. In the later part of his life, he transferred the right of patron- age and visitation from the Bishop of Winchester to the Archbishop of Canterbury, who was accordingly called upon to settle questions from time to time arising out of ambiguities in the statutes. In 1284, there was a dissension between CORRECTION OF ABUSES. 8i the Warden and the Scholars, and Archbishop Pcckhani had occasion to issue an ordinance in which the latter were severely reproved. The charges made against them show that even within seven years of the founder's death the discipline of the society had become considerably relaxed. The canonical hours were entirely neglected by the Scholars, and the person who was appointed to read aloud at meals from the Morals of St. Gregory could scarcely make himself heard amid the prevailing din. The rule enjoining Latin conversation was habitually broken, and grammarians were despised. The Warden was set at nought by the Scholars, and even by the servants, and excluded from the weekly audit of accounts. The fare at table was less frugal than of old, and the cook and the brewer were in receipt of un- authorised salaries. The Scholars habitually took wood and straw for their private use, and sometimes dined outside the precincts of the College. Beneficed clergymen clung to their scholarships tenaciously, and the Warden could not obtain the expulsion of flagrant offenders. The statutes as to study were similarly violated, the Scholars of Merton Hall caring- only to acquire such learning as would prove useful and remunerative. Some devoted themselves to medicine, pre- tending that it was a branch of philosophy, while others who had duly received permission to study law for a limited time, could not be induced to return to the liberal arts. Vacant places, which should have been bestowed on promising youths, were reserved for men who had already achieved success in the schools, and no special favour was shown to the founder's kin, to natives of the dioceses of Win- chester and Canterbury, or even to the poorer candidates. The elementary school for boys had been suppressed.^ Most of the abuses were corrected by the Archbishop,^ and ' Statutes of the Colleges. - The school for boys was main- tained as late as the rei'ni of Edward III., Warton's History oj English Poetry, (ed. Hazhtt) vol. iii. p. 332. 82 UNIVERSITY COLLEGE. in spite of various imperfections, Merton Hall soon acquired a prominent position in the University. Its Scholars became distinguished for their sobriety of conduct and their appli- cation to study ; its Warden obtained a rank equal to that of the heads of the religious houses. Mention has been already made of the fund established at Oxford by William of Durham. Of the two hundred pounds and more, bequeathed by him for the maintenance of ten Masters, only one hundred had been invested in the pur- chase of rents within the first thirty years after his death, the whole income therefrom amounting to no more than twelve pounds a year. An important step, however, was taken in 12S0, by the appointment of certain Masters to enquire into the state of the fund, and to draw up a scheme for its future management. The report of this committee, accepted and confirmed by the University, was jM-actically the foundation-charter of the institution which is now known as University College. It provided for the establishment of a very small society, devoted exclusively to the study of theology. Four poor Masters, who had already acted as Regents in the schools of arts, were to be the only partakers of William of Durham's bount}-, until an increase in the revenue should permit an increase in their number. One at least of them was to be in priest's orders, and thc\' were all to stud}' divinity, under the super- intendence of persons appointed by the Chancellor, They were to li\'e together on a yearly allowance of fift)- shillings apiece, the idea of association being evidentl)' borrowed from the arrangements of Merton Hall. One of them was to receive an additional allowance of five shillings, in considera- tion of his collecting the rents and transacting other secular business, in conjunction with a Regent Master deputed b}' the University for the purpose. Inasmuch as it was not intended that the Scholars should form a society independent of the Uni\'crsil\-, they were alIo\vcd only a limited share ORDINANCE OF 1292. 83 in the management of their own affairs, all real power being vested in the Chancellor, the Masters Regent in Theology, and other officers of the University.' A house at the corner of School Street and St, Mildred's Lane, on the site now occupied by the north-eastern part of Brasenose College, had been purchased with some of William of Durham's money as far back as the year 1253, and it would appear that the Scholars appointed under the ordinance of 1280 were there provided with rooms free of charge. Through being the first hall acquired by the Uni- versity, this building received the name of University Hall.^ The members of the foundation came to be generally known as "the Scholars of University Hall," although the proper description of them as " the Scholars of the Hall of William of Durham" was retained in formal documents until the reign of Elizabeth. The revenue of the fund of William of Durham must have increased considerably between 1280 and 1292, for by some statutes issued in the latter year, it was ordained that there should be two classes of Scholars, the seniors receiving 6s. Sd. a year apiece more than the juniors, and having authority over them. A further allowance of 6s. 8d. apiece was granted to the Scholars for their servants and rooms, and the bursar's salary was doubled. As, however, the Hall was not yet full, an arrangement was made by which other clerks of good character might be admitted to lodge and board there at their own expense. In them we may recognise the protot}'pes of the "commoners," not members of any foundation, who now form the great majority of the academical body at Oxford. New benefactors having arisen, a library was established in University Hall, from which books might be borrowed under strict conditions. A rule was also made that disputations should be held in the Hall on certain days. Latin was Muiiinicnta Acadonica, pp. ] ' Smith's Annals of University 780783. 1 C^/A;i,v, pp. 9, 56 -37, 60. 84 UNIVERSITY COLLEGE. prescribed as the language for ordinary conversation, and the practice of reading aloud at meals was confirmed. The Scholars were made parties to the annual audit, and w^erc allowed the use of a common seal, but they were also subjected to severer discipline. They were enjoined "to live honourably as clerks, in a manner befitting saints, not fighting, not using scurrilous or low words, not reciting, singing, or willingly hear- ing, songs or tales of an amatory or indecent character, not taunting or provoking one another to anger, and not shouting so as to disturb the studies or repose of the industrious." A graduated scale was made, according to which a Scholar who insulted another in private was fined i^., if the offence was committed before their fellows 2s., and if in the street, in church, or in the recreation ground, 6s. ^d.'^ The general tendency of the statutes of 1292 was certainly to enlarge the independence of the Scholars ; and nineteen years later a supplementary body of statutes was made, by which the Scholars were allowed to fill up vacancies in their own society, the Chancellor, Masters in Theology, and Proctors of the University reserving only to themselves the right of rejecting the persons elected, and of expelling offenders. The favour which would seem to have been hitherto shown to natives of the neighbourhood of Durham, was secured for the future by a proviso that they should be preferred to other candidates of equal merit. It was also ordered, that any Scholar who absented himself from Oxford for a year, or accepted a living worth more than five marks, should thereby forfeit his place. The old rule about the study of theology was maintained in all its rigour, and a rule was added obliging every Scholar to become an "opponent" in the schools, within seven years of his first attendance at lectures. The study of canon law was declared permissible during vaca- tion tinie only. The Scholars were required to provide two masses a year in the parish church, for the soul of William of ' Mint. Acdd. pp. 56 61. BALLIOL COLLEGE. 85 Durham, and the senior among them was appointed to be their chaplain.' Reserving the subsequent history of University Hall for future notice, it is now necessary to revert to the students who had been maintained at Oxford by the alms of Sir John dc Balliol. It appears that for some time after his death they received their allowances regularly from his widow, Dervorguilla; but there is no proof of their existence as a dis- tinct community earlier than the year 1282, when a formal ordin- ance was issued for their government. In this, Dervorguilla committed the supreme authority to her two proctors, or agents, Friar Hugh de Hertilpol and Master William de Menyl, who, though members of the University, did not live in the house with the Scholars. The ordinance does not explain how future proctors were to be appointed after the death of the foundress, and it is only by examining a very imperfect list of these officers, who were also described as " Rectors," or "Extraneous Masters," that we arc led to believe that one of them was to be chosen from among the Franciscan friars, and the other from among the secular Masters of Arts. Such a belief, how- ever, receives considerable support from an ancient tradition, which points to Friar Richard de Slickebury as the confessor of Dervorguilla, and the person who persuaded her to carry out the wishes of Sir John de Balliol wdth regard to the scholars at Oxford.^ According to the ordinance of 1282 the Principal, the resident head of the society, was to be elected by the Scholars from among themselves, and was to exercise some degree of jurisdiction over them. The Scholars were to attend lectures on all ordinary days according to the statutes of the University, and also to take part in fortnightly disputations in their own house. On Sundays, and on all the principal festivals, they were to attend divine service in church, and to hear sermons. They Mini. Acad. pp. 8791. I rhaiiits. ('I'wync M.S. vol. .wii. ^ Woodford's Ansn'cr io Anna- I f. 103.) 86 BALLIOL COLLEGE. were also bound to provide three masses a year for the soul of Sir John de Balliol, and to make daily mention of him, of his widow, of his relations, and of the two Proctors, in their graces before and after meat. If the weekly commons for the whole society cost more than the sum allotted for the purpose by the foundress, the Proctors were to levy the necessary money from the richer Scholars only, and in cases of discontent they were empowered to expel all grumblers. 71ie use of Latin for ordinary conversation was more strictly enjoined on the Scholars of the House of Balliol than on those of Merton Hall or University Hall, for any one break- ing the rule on the subject was to be relegated by the Principal to a separate table at meals, and, if still contu- macious at the end of a week, he was to be expelled by the Proctors. The food that remained after meals was to be given to some poor scholar.' Such were the chief regulations issued by Dervorguilla in 1282, and it is clear that they were only intended to confirm and supplement certain other "statutes and customs" of which unfortunately no memorials arc now extant. The Scholars of Balliol lived for some years in a hired house situated in the northern suburb of Oxford, in Horsemonger Street, near the church of St. Mary Magdalen. Thence they removed to another house a few yards eastward in the same street, known as Mary Hall, which, with three adjoining plots of ground, was purchased for them by the Lady Der\'orguil]a in 1284.'' After their removal, Mary Hall came to be called New Balliol Hall, and the house which they had vacated, Old Balliol Ilall. In 1293. the Scholars obtained licence from the Bishop of Lincoln for the performance of divine service within the Hall, but they continued to attend the parish church of St. Mary ]\Iagdalen on all great festivals ; and their oratory was not licensed for the administration of ' Slatiitcs flf tJie Colleges, vol. i. ] ATanu scripts Coini/iissio/i, p. 4.1.6. ' Fourth Report of the Historical \ HALLS, HOUSES, AND COLLEGES. 87 the sacraments until the middle of the next century. In addition to the endowments given to them by the foundress, they acquired from the executors of the will of Sir John de Balliol the right to collect and retain all the debts owing to him at the time of his death, and they received several grants of property in Oxford and elsewhere from private benefactors. Before leaving the subject of the early collegiate foun- dations, it is well to remark that they were sometimes de- scribed as Halls, sometimes as Houses, and sometimes as Colleges. Any building set apart for the habitation of stu- dents might be styled an Aula, or Hall. The term Donms, or House, when employed in a technical sense, indicated a religious or semi-religious establishment, while the term Collegiuin was the Latin equivalent for our ^\-ord Corporation. It was therefore quite legitimate to use the term College in conjunction with the term Hall, the former meaning the living body, and the latter the material fabric, of an institution. In later times, the term Hall has come to be used in contra- distinction to College, to denote a society of students which does not enjoy corporate rights or endowments. There is, however, a survival of the earlier nomenclature at Cambridge, in the name of Trinity Hall, which is, strictly speaking, a College. Clare College and St. Catharine's College were until lately styled Clare Hall and St. Catharine's Hall. The term House, which has long since disappeared from Oxford, is still retained at Cambridge in the name of its earliest Colleee Peterhouse. ' Savage's Balliofergiis, p. 36 ; Eoiirih Report of the Histori.al Manuscripts Conuitission, pp. 442, 4-I-3- CHAPTER I \^ A.I). 1273 1334. Francesco cVAccorto Dante Thirst for Learning The La Fytcs at Oxford Population of the University Extravagant Estimates Celebrity of the University Promotion of Graduates Poverty of the LIniversity Bishop Cobham's Library The House of Con- gregation Establishment of Chests Rewley Abbey Gloucester College Career of a Benedictine Student The Monks of Durham Ambitious Schemes of the Dominicans Controversy between the University and the Dominicans The Thomist Philosophy John Duns Scotus Value of Logic Realists and Nominalists William of Ockham^ Aggressiveness of the Franciscans Establishment of the Carmelites Feud between the Clerks and the Townsmen Enact- ment against Retailers Grievances of the Townsmen The Great Riot of 1298 Humiliation of the Townsmen Development of the Chancel- lor's Authority Struggle with the Bishop of Lincoln Controversy with the Archdeacon Internal Dissensions Condemnation of Here- tical Doctrines Feud between Northerners and Southerners T-awless- ness of the Clerks Prohibition of Jousts Secession to Stamford. HE University of Oxford attained its higlicst celebrity within a century of the time when it first began to be recognised as a corporate body. Scholars resorted to it in great numbers not only from all parts of England and W'ales, but from Scotland, from Ireland, and from more distant countries beyond sea.' Edward I. was justl)' proud of this adv^ent of foreigners, and it was at his instigation that Francesco d'Ac- corso, one of the chief teachers of ci\il law at the Universit)- of Bologna, came to reside at Oxford. D'Accorso seems to ha\c attaclied himself to the King, when the latter was passing ' Kymcr's l-'odi-fii, \o\. ii. p. 43. FRANCESCO D'ACCORSO. 89 through Italy on his return from the Holy Land, at the very beginning of his reign, and he became one of his most trusted counsellors." It was not long before the King wrote urgently to D'Accorso's wife, exhorting her to join her husband in Eng- land, and offering to make a liberal provision for them and the members of their family.^ Oxford was chosen as the place of their abode, and in December, 1275, the Sheriff of the county received orders to give them the free use of the King's Hall, the royal residence in the northern suburb.s Although summoned away from time to time to attend the King in Parliament and elsewhere, Francesco d'Accorso must surely have given lectures on Roman law at Oxford. None of his works remain, and little is known of him beyond the fact that in his own day he was reckoned scarcely inferior in ability to his father of the same name, "the idol of the lawyers," and the compiler of the Great Gloss. Dante brands him as a man of immoral life, placing him in a part of hell where "all were clerks and great scholars and of great renown ; by one same crime on earth defiled." 4 It was probably in Italy rather than in England that the r^lorcntine poet gleaned his informiation about the Bolognese lawyer, although there are fair grounds for believing that he himself visited Oxford. Villani states that Dante, who was one of his contemporaries and neighbours at Florence, " v.-ent to the University (studio) at Bologna, and then at Paris, and in other parts of the world." 5 Boccaccio, a little later in point of time, mentions incidentally that Dante visited luTgland as well as France ; and Giovanni da Seravalle, Bishop of P^ermo, writing in 141 6, states positively that Dante studied the liberal arts at Padua and Bologna, and ' Savigny, Ccscliiclitc dcs Roinis- | ^ Patent Roll, 4 Edw. I. m. 35 chcn Rcclits im JMittclalier, cap. l (Twyne MS. ii. f. 43). xliii. ; Sinhhs's Coastitittionat His- j * ////Ivv/i^, canto xv. (trs. Carlyle). tcvy, vol. ii. pp. 107, 262, 264. I 3 Istoric Fiorciilinc, [Cldssid = Lord Harlech's MS. Letter- /ArZ/Vw/) vol. v. p. 136. Look of Richard of Lury, f. 4S. go DANTE A T THE SCHOOLS. theology at Oxford and Paris.' Some indirect evidence in support of this may be found in the Divina Conimedia, which contains a description of the coast of Flanders, an allusion to Westminster Abbey, and several scattered notices of English affairs.^ A close resemblance has also been traced between some of Dante's opinions and those of Roger Bacon, the great English philosopher.3 The date of Dante's undoubted sojourn at Paris must be placed either between the years 1287 and 1289, or between 1308 and 1314. On behalf of the earlier date, Dr. Plumptre argues that, after his banishment from Florence, Dante had neither the money nor the energy requisite for so long a journey, whereas in his younger days he may well have sought in travel and study some solace for his mortification at the marriage of Beatrice. It appears moreover that Sigier, who is mentioned in the Paradiso as a teacher in the Rue de Fouarre {)iel vico degli strami) at Paris, died in or before the year 1300.^ Lastly Giovanni da Seravalle states that the poet returned from Paris to Plorence, in consequence of his inability to defray the heavy expenses of incepting as a Doctor of Theology. On the other hand the earlier authorities Villani, Benvenuto da Imola, and Boccaccio, agree in referring Dante's sojourn at Paris to the period of his involuntary exile. It should be remarked too that the degree of Bachelor of Theology, which he is said to have obtained at Paris, implied a previous residence of not less than five years at a University that had a Faculty of Thcology.5 In an}' case Dante, who was born in 1265, would not have Ijccn qualified for the degree of Doctor of Theology before the ' Tiraboschi, Storia della Let- ' See Dr. Plumptre's interesting- tcraiura, {Classici Italiaui) vol. v. AxnzXG'wWXx^ Coiitentpo-arv ReTJciu pp. 714, 715. Cf. The Academy, vol. xi. pp. S43 859. I'"cb. 20, 18S6. Divina Conunedia, {cd. Scar- - Inferno, xv. 4-6, xii. 120, xxviii. tnzzini) vol. iii. p. 268. '33-135; Tio-^i^a/flii'iK y'n. 130-132; ^ Thurot, De P Ori^/inisa/icn de rnradiso, x. 137. \i\. 121-123. P JCnsei^neinenf, p. 110. THIRST FOR LEARNING. 91 year 1300, inasmuch as no one was allowed to proceed to it at Paris under the age of thirty-five.' On the whole it seems pro- bable that if the great poet ever visited Oxford, he went there at a period when his intellectual powers were fully matured. The more ambitious scholars of the middle ages were wont to travel great distances in quest of learning. " Not content with one teacher," writes Dr. Newman, "they went from place to place, according as in each there was pre- eminence in a particular branch of knowledge. . . . As then the legendary St. George or St. Denys wandered from place to place to achieve feats of heroism, as St. Antony or Sul- picius Severus went about on pilgrimage to holy hermits, as St. Gregory Nazianzen visited Greece, or St. Jerome tra- versed Europe, and became, the one the most accomplished theologian, the other the first Biblical scholar of his age, so did the m.ediseval Doctors and Masters go the round of Universities, in order to get the best instruction in every school."^ The ancient statutes of Peterhouse at Cambridge authorise the Masterand Scholars to send one or two of their number to study at Oxford. Thomas Cobham, Bishop of Worcester, is a notable example of a man who graduated in three different faculties in as many Universities. 3 The common opinion on the subject finds expression in Chaucer's remark that 'Sondry scoles maken subtil clerkes."'-* Although travelling was costly and dangerous si.x centuries ago, the Universities of Oxford and Cambridge were far more closely connected with those of the continent than they are now, for all the national churches of Western Christendom professed a common faith. The universities of England, of P'^rancc, of Italy, and of Spain, however much they might difter in scope, in constitution, and in character, recognised ' Thurot, p. iio; I.'u Boulay, ] ' Clironicles of Ediv. I. &^ //. , Ilisf. Utiii'. Paris, vol. iii. p. 82. \ (cd. .Stubbs)vol. i. p. 274. ' Ilislorical SkeLiifs.\>. 175. | * Tlw Merthautcs TuL. 92 COSMOPOLITAN UNIVERSITIES. the same standards of orthodoxy, and for the most part used the same text-books in their schools of theology, " The smallest school," writes Mr. Green, " was European and not local. Not merely every province of France, but every people of Christendom had its place among the ' nations ' of Paris or Padua. A common language, the Latin tongue, superseded within academical bounds the warring tongues of Europe. A common intellectual kinship and rivalry superseded the petty strifes which parted province from province or realm from realm. . . , Dante felt himself as little a stranger in the 'Latin' quarter around ]\Iont St. Genevieve as under the arches of Bologna." ' At the same time it was only natural that students sojourning in a foreign town should for the most part consort with their own countrymen. The Citraniontani at Bologna were subdivided into seventeen sections, and the Ultra- inontani into eighteen, while at Paris the English Nation comprised groups of students from England, Scotland, L'e- land, Sweden, Germany, and other countries.^ At Oxford, on the other hand, the students from the continent, however numerous they may at times have been, were mere units, and never acted together collectively after the manner of the Welsh, the L'ish, and the Scots. Most of them were doubtless natives of the foreign dominions of our Plantagenct kings. Such at least were tv.o young men of whose expenses at Oxford some curious details are recorded in the royal wardrobe accounts of 1289 and 1290. When Edward L returned from Gascony in August of the former year, he brought with him a clerk of Agen, called Master Stephen de la Fyte, and his nephews, Arnold and Bertram de la Fyte. Soon after their arrival in England, the uncle, who seems to have been an architect, and a person of some importance, was ordered to inspect IIi.-i(oyy of tlic I'.ni^Iish People^ - Savign\-, Gcsdiiclilc dcs R'oiui- \()1. i. p. 204. Cf. Miiiu'inciita schcn RccJits^ cap. x\i. 71. Aciidcwica, ]\ 2X3. THE LA FYTES AT OXFORD. 93 certain castles and manors, while Arnold and Bertram were sent to study at the University. They went to Oxford on the 20th of September, accompanied by a private tutor, and, it would seem, by a Spanish manservant. The King gave them a weekly allowance of half-a-mark for board, and made himself responsible for their other necessary ex- penses, which during the first nine months amounted to 61. i<^s. 2d. The entries on their account show payments for the rent of their inn, for wood and coals, for the salaries of their laundress and their barber, for the purchase of cloth and linen, and for the repair of their winter and summer clothes, their hose, and their shoes. The only scholastic charges recorded are those for the salaries of masters, " ordinary " and " cursory," and for the purchase of two copies of \\\Q Institutions of Ouintilian. At Midsummer, 1290, the King arranged to provide the two young men with certain clothes and a tabard apiece from his wardrobe every year that they remained at the University, and he at the same time raised their allowance to thirty-five marks a year, a sum which was evidently intended to cover all their current expenses.^ Two youths named Kingswood, who were sent to Oxford in 12S8, by Richard Swinfield, Bishop of Hereford, cost their patron only 13/. 19^-. 2d. in the course of about forty weeks, and a comparison of their expenses with those of Arnold and Bertram de la Fyte seems to show that, Vv'hilc a king's protege might require as much as 4^-. 6d. a week, an ordinary student could live at Oxford on 3^-. i\d. a week, in the reign of Edward I.' It is unfortunate that we have no similar m.eans of esti- mating the real number of resident members of the University ' Wardrobe Accounts, 16-18 Edw. ' duction to the HoiiseJiold Expenses I. (;t Exchequer Q.R.); Wardrobe of Bishop Siei?i/ield, -p- 118. Book, 1 8 Edw. I. (Tower). These ^ Household Expenses of Bishop documents arc quoted, but not quite S-ujinficld, p. 117. Cf. Riley's accurately, in Mr. WeblVs Intro- Me/iioriais of Londo/i, J), ^j^.). 94 THE NUMBER OF STUDENTS. at this its most flourishing period. Some very definite assertions have indeed been made on the subject. Richard Fitz-Ralph, the illustrious Archbishop of Armagh, declared, in a memo- rable discourse before the Papal Consistory at Avignon in 1357, that in his younger days there had been as many as thirty thousand students at Oxford, though their number had since dwindled down to less than six thousand/ And again, Dr. Thomas Gascoigne, who lived in the middle of the fifteenth century, seems to state positively in his TJieological Dictionary, that he had ascertained by personal examination of the rolls of the old Chancellors of Oxford, that there were thirty thou- sand students at Oxford before the time of the Great Plague. Antony Wood, though aware that these statements would seem incredible, did his best to establish their accuracy, and even within the last forty years a learned German writer has defended them with some warmth. Professor Huber contends that there were formerly three hundred inns and halls at Oxford, capable of accommodating on an average one hun- dred students apiece, and that the estimates of Fitz-Ralph and Gascoigne refer not only to students in the ordinary sense of the term, but also to all the " barbers, copyists, writers, parchmcnt-preparcrs, illuminators, book-binders, sta- tioners, apothecaries, surgeons, laundresses," and "' mulierailce'' of questionable fame, who were in any way connected with the students.^ There is, however, no proof of the occupa- tion of more than eighty halls at any one time, and, as Mr. Anstey points out, these could not on an average have held more than thirty inmates apiece; 3 while against the second plea may be cited the agreement of 1 290, which ' Dcfcnsoriiim Curatormn, rc- jirintcd in Brown's Fasciciilits rcriim expeicndaruni ct fic,i^'i- endariDii. In a trinslation made by John Trcvisa, before the year 1412, the passage runs: ''In my i ' Miin. Acad. p. xlviii tvmc in l>c univcrsitic of ()x('iif(ir(l were ] ritty pousand seders at ones ; and now bcj) unnc|;e sixc Jiousand.'' Harl. MS. 1900, f. \\b. *' The English U/u7'e7-sifies, (ti's. by Newman) vol. i. pp. 67, 403. EXTRA VA GAXT ES TIM A TES. 95 limited the "privilege" of the University to clerks and their servants, parchment-makers, illuminators, writers, barbers, and other persons who wore the livery of the clerks.' There still remains the original difficulty of reconciling the oft-quoted statements of Fitz-Ralph and Gascoigne with what is known about the boundaries of mediaeval Oxford, and the size of other contemporary universities. Both the wit- nesses were men of high position and character. The one speaks of matters within his own cognisance, the other pro- fesses to have derived his information from certain specific records. It is hard to understand how Fitz-Ralph could have ventured, even in a rhetorical passage, to make the extravagant statement attributed to him. Yet his error is not so strange as that of the Parliament of 1371, which based a scheme of taxation on an estimate that there were forty thousand parishes in England, when, in truth, there were not nine thousand.^ With respect to Gascoigne's testimony, it may be argued that his reference to the old rolls had no connexion whatever with his statement about the number of students at Oxford, and that it was in- tended to confirm a previous statement in the same sentence, to the effect that there were formerly very few lawyers resident in that town. 3 Apart from his quotation of documents which are now unfortunately missing, Gascoigne is not a very ' Mtin. Acad. p. 52. Mr. Anstey tween the different estimates of the has strangely rendered "qui sunt de number of Scots killed at the battle ;v?i5/jir/^;76cr//'w,"" who are occupied ; of Falkirk. about the clothes of the clerks." A ! ^ ^'^ Ante enim Diagiimii pcsteviiii lateragreement on the subject, given \ Anglia paucce fiicniJit qucrelce in in the same work, p. 346, and populo, et paicca iniplaciiationes, et another gi\en in Turner's Rccoj'ds sic fncrunt item paiici legistce in of the City of Oxford, p. 17, show : AnglicE regno, et panci legistce in the true meaning of the expression. ! Oxojiia, qnando fuernnt triginta Compare also Acta Sanctorum, for milia scotarium in Oxonia, ut 7ndi October, vol. i. p. 541. \ iti rotulis a7ttiquoru7n caJicellari- ^ Stubbs" s Constitutional His- ' ortini Oxonice, quando ego fui ibi- iory, vol. ii. pp. 422-433. Compare detn cancellariusrLoci e Libro also the great discrepancies be- Wiitatinn. (ed. Rogers) p. 202. 96 THE NUMBER OF STUDENTS. valuable witness as to the condition of Oxford a century before his own time. It is likely enough that he based his belief in the fable of the thirty thousand students on the passage in Fitz-Ralph's speech. No other mediaeval writers place the academical population of Oxford at so extravagant a figure. William of Rishanger, in his account of the tem- porary expulsion of the University by Henry III. in 1264, says that at that time "the number of clerks whose names had been inscribed in the registers of the masters {in uiatriculis rcctoruni) was, according to the testimony of many credible persons, upwards of fifteen thousand." ' This estimate in its turn seems much too high for our acceptance. The best guide to a true solution of the question is perhaps to be found in a formal statement as to the number of clerks who took part in the sanguinary riot of 1 298.^ We are distinctly told by the townsmen, who were fairly able to obtain accurate statistics, that the clerks mustered rather more than three thousand strong, and when we consider that few of them would have been content to remain inactive on so critical an occasion, we have fairgrounds for believing that the number of persons then enjoying the privilege of the University cannot have amounted to four thousand in all. It is not probable that the University of Oxford was much more populous than that of Paris, which, according to M. Thurot, could not in its palmiest days boast of more than two hundred teachers and fifteen hundred pupils. 3 The Oxford blasters certainly had no mean opinion of their own dignity and importance. When they were informed that the Pope had given a Catholic sanction to degrees conferred at Paris, by enacting that graduates of Paris might freely become teachers at any other university without obtaining a new licence, they at once demanded the same ' Walsingham"s Ypodigma Ncus- triiC, (cd. Riley) p. 514. '' 'i'uync MS. vol. iv. f. 72. 2 Dc r Organisation dc l' Ensci mcnt, pp. 32, 42. POVERTY OF THE UNIVERSITY. 97 right for themselves, and persuaded the Bishops of Lincoln and Carlisle to write to the Pope on their behalf It is worthy of note that their diocesan's letter contains in a tentative form the earliest assertion of the University's claim to a remote antiquity. The Bishop, writing in 1296, observes that "the University of Oxford, in the diocese of Lincoln, is by many believed to be the oldest of the seats of learning now existing among the Latins."' Twenty-one years later, Edward IL wrote to John XXIL, renewing the request for a general recognition of the validity of the Oxford degrees, on the ground that the great French University owed its origin to Englishmen.^ In 1322, the Oxonians, hearing that the Pope had conferred certain benefices and bishoprics on priests who had graduated at Paris, despatched a letter to him by the hands of their Chancellor, praying for similar tokens of papal favour, and declaring in set terms that the University of Oxford was older than that of Paris, and not a whit inferior to it in dignity. 3 After this, it be- came customary for successive Kings of England to write to every new Pope on his election, pleading the poverty of the Oxford graduates, and begging that they might be promoted to suitable benefices.'^ In its corporate capacity the University was undoubtedly poor, and it had scarcely any funds applicable for general purposes. St. Frideswyde's Chest and William of Durham's endowment were administered as separate trusts, and it is not clear that certain tenements granted to the University in the thirteenth century by Walter Gray, Archbishop of York, and by one of the bedels, named William Hoyland, were held uncondition- ^ Historical Papers from NoriJicrii \?iy, Hist. Univ. /'i:7;7V, vol. iii. pp. i?,?^-/^-/^;-.^, (ed. Raine)p. 122; Bishop , 150,449. Sutton's Register, f. 140.!^ (Twyne -' Ayliffe, vol. ii. p. xviii. ; /tfi/zr/// MS. vol. ii. f. 19). The graduates Report of t]ie Historical MSS.Com- of Paris had enjo}-ed the right of mission, p. 383. teaching elsewhere for a consider- ' Smith MS. vol. i. f. 9. able time. Thurot, p. 50; Du Bou- ! * Lambeth MS. vol. ccxxi. f. 226. H 98 POVERTY OF THE UNIVERSITY. ally,' Pupils paid their fees to their own masters, not to the masters collectively. It is a marked characteristic of the older medieeval univer- sities, that they could not afford to erect or purchase public buildings of any size. Nowadays the mention of a uni- versity conjures up a vision of lecture-rooms, examination- halls, libraries, and museums ; but at a time when archi- tecture was at its best, and when churches, town-halls, and castles, were rising on all sides, the chief dignitaries of the greatest universities had to be content to live in hired lodgings, and to lecture in hired schools. The University of Paris, the most illustrious seminary of Western Christendom, had no habitation of its own. Scholastic disputations, and the meetings of the different Faculties and Nations, took place, by favour of the local clergy, in certain parochial and monastic churches on the south side of the Seine.^ The official dinners of the Masters of Arts were given at the common taverns of the town. 3 So at Oxford in the thirteenth and fourteenth centuries, the Faculty of Arts used to assemble in the church of St. Mildred, while degrees were granted and other secular business was, by sufferance, transacted in the church of St. Mary the Virgin.-* Poverty was not without some compensating advantages, for as the clerks were not tied to a particular town by material interests, they could with light hearts threaten to migrate in a body, whenever the townsmen gave them cause for com[)laint.3 ' Midi. Acad. p. 372; Smilh's \-\\\c, Ilistoire dc V I>ist)-iiciiflii Fiih- Annals of Unh'crsity College, p. 59. liqiic, pp. 160, 353. ^ Savigny, Geschichlc dcs Roiiiis- ' Register of the English Nation, chen Rcchts lin Mittclaller, cap. MS. in the Library of the Sor- x.xi. 128; Du V>o\.'A;\)\ passim. It bonne, vol. iii. ft". iS, 31, etc. was not until a comparatively late * Mini. Acad, pp, jO, 4r, 81, 114, period that the four Nations com- 146, 18S, 189. posing the Faculty of Arts built = Gregory IX. specifically con- some schools in the Rue du Fouarre. finned the right of the scholars at and these did not belong to the Paris to migrate. Du Roula}-, Ilisl. University at large. \'allet de \'iri^ i'/tl\'. I\iris, vcd. iii. p. \\\. BISHOP COB HAM'S UBRARY. 99 The Chancellor and Masters of Oxford determined in 1274 to found a chantry in the church of St. Mary the Virgin, where masses might be said for the King and other benefactors ; and Edward I., in a circular letter to the archbishops and bishops of his realm, asked them to grant indulgences to all penitents who should resort thither.' It is, however, doubtful whether any practical steps were ever taken in the matter, although in building the beautiful new tower of that church about this time, a large arch was left open in its eastern wall as if to give access to a chantry. At any rate, the earliest edifice known to have been designed for the use of the University was not commenced until nearly fifty years later. It was in or about 1320 that Thomas Cobham, Bishop of Worcester, undertook to enlarge the old fabric of St. Mary's Church, by erecting a building two storeys in height imme- diately to the east of the tower, apparently on the very site previously selected for the University's chantry. His intention was that the lower room should be used primarily for the meetings of the Congregation of Regent Masters, and at other times for parochial purposes, and that the upper room should serve partly as an oratory and partly as a general library for members of the University. If he had been able to carry out his scheme, he would have provided two chaplains to say daily masses for him, and to attend in turn for some hours before and after dinner, in order to take care that the books should not be injured. But he died in 1327, and Adam de Brome, the Rector of St. Mary's, who had been acting as his architect or overseer, was left to complete the building as best he could. It was to little purpose that the good Bishop had bequeathed the sum of three hundred and fifty marks and his own collection of books to the projected library, for the executors of his will found themselves unable to pay the legac}-, and were even driven to pawn the books for fifty pounds, in order to raise money to ' Rymer's Firilcra, \ol. ii. p. 43. II 2 loo THE HOUSE OF CONGREGATION. defray his debts and funeral expenses. In reply to De Brome's remonstrances they could only say that if he chose to redeem the books he might assign them to the College which he had lately founded at Oxford. The offer was gladly accepted, and thus Bishop Cobham's books, which ought to have been chained to desks at St. Mary's, for the use of the University at large, were placed in the library of Oriel College, for the exclusive use of a small society.' In the meanwhile the lower room of the new building at St. Mary's was fitted up according to the founder's intentions, and it became the regular meeting-place of the Congregation of Regents, as distinguished from the Convocation, or Great Congregation, of Regents and Non-Regents, which continued to be held in the chancel of the church.^ Though afterwards superseded, and for a time degraded into a receptacle for lumber, the old House of Congregation has survived the changes of more than five centuries, and there are few spots in Oxford which have more venerable associations than that low vaulted chamber, in which successive mediaeval Chancellors granted to kneeling candidates the licence to teach as Masters in the schools of the University. It would appear that such movable property as the University possessed was kept at St. Mary's in the four- teenth and fifteenth centuries. In the reign of Henry III., as will be remembered, the University had no treasury of its own, and the money received yearly from the Abbey of Eynsham, and the processional cross supplied in 1268 by the offending Jews, had been placed for safety at St. Frideswyde's.3 But, either in consequence of some jealousy between the secular clerks and the canons regular of St. Frideswyde's, or owing to the comparatively remote situation of that priory, the ' Collectanea (Oxford Historical : a Congregation is described as Society), vol. i. pp. 6265. ; "great " or " solemn," Convocation '" It is not always easy to dis- ' is meant. Cf. Ahin. Acad. pp. 234, tinguish between these two bodies, 235, 267, 282, and other places, but it would api)ear that whenever | ^ Pp. 40, 68. ESTABLISHMENT OE CHESTS. loi Chancellors and Masters always preferred to transact their business in the parochial church of St. Mary the Virgin. There, we may reasonably believe, they kept the chests containing the different sums of money entrusted to them for the benefit of poor scholars. Between the years 1293 and 1323 at least five persons, Ela, Countess of Warwick, John de Pontoise, Bishop of Winchester, Henry de Guild- ford, called " le Mareschal," Hugh de Vienne, Canon of St. Martin's le Grand, and Gilbert Rothbury, Justice of the King's Bench, gave or bequeathed funds for the establishment of chests similar in principle to that already established at St. Frideswyde's by Bishop Grosseteste. Each of these chests had its own guardians, or trustees ; each had its own code of regulations ; the founder of each was separately mentioned by name in the public prayers and thanksgivings of the University. But the conditions under which loans were granted from the chests, and the stipulations as to the number oi Pater Nostcrs and Ave Ularias which the borrowers were bound to say for their benefactors, were nearly the same in all cases.' Of four other chests established about the same period little but the mere names are recorded.^ Benefactors who were unable or unwilling to found colleges, founded chests, and the two systems grew up side by side for about ' xlhin. Acad. pp. 6267, 82 85, de St. Leofard, Bishop of Chiches- 95 99, 102 106. For Henry de ter, who was reckoned among the Guildford, see the Xinth Report of benefactors of the University. Mun. the Historical MSS. Commission ; ' Acad. pp. cxHii. 373. The Ijurnell for Hugh de Vienne, see Registrum Chest probably owes its origin to Palatiniim D2ciielmense,{e.6..ll?iYdL\-) William Burnell, Provost of ^^'ells, vol. iv. p. cxii.; and for Gilbert Roth- who gave some property to Balliol bury, see Yq=>s^s Judges of England. College; and the Queen's Chest may " The Lincoln Chest was doubt- have been due to the bounty of less founded by Henry de Lacy, the l-lleanor of Castile, who was also great Earl of Lincoln, for whom the mentioned in the prayers of the University used annually to pray University. i\Tun. Acad. pp. cxlix. on the 17th of December. Man. 371. The word "aVAr"' was some- Acad.Yi-c^- The Chichester Chest times translated "chest,'' and was probably founded by Gilbert sometimes " hutch." LIBRARY UMVERSITV 01 CALIl'ORN SAMA BARBAIU I02 REWLE Y ABBE V. two centuries. There was ample scope for both, and, as will be seen, some of the colleges had chests for the exclusive use of their own members. These chests formed, as Mr. Anstey says, "a money-lending, or, more properly, pawn- broking department," for affording temporary relief to strug- gling scholars. It would appear that loans were made without any charge for interest, but, as he continues, "the ordinances always carefully stipulate that the pledges de- posited should, on the valuation of a sworn stationer of the University, fairly exceed in value the sum borrowed." " Silver cups and the like were sometimes taken as security, but the pledges generally consisted of Bibles, Missals, or other precious books. ^ Thus there are in the British Museum at least five manuscripts which bear inscriptions recording the dates at which they were respectively deposited in chests at Oxford, and the sums that were advanced for them.3 There are others in collegiate libraries. The religious orders made considerable progress at Oxford in the later part of the thirteenth century. In 1281, Edmund Plantagenet, Earl of Cornwall, founded a monastery for an Abbot and fifteen brethren of the Cistercian Order, at a spot called Rcwley in the suburb of North Oseney, to the intent that they should pray continually for the soul of his father, Richard, King of Germany, the uncle of Edward I. The Cistercians themselves often described Rewlcy Abbey as "the place of study at Oxford."'* It was not long before the Benedictines began to realise the importance of acquiring a house at Oxford in which students ' Mun. Acad. p. xxwiii. Air. - Boase's Ri\s;istcr of Exeter Anstcyrcckonsthcnumbcroflhc.se College, pp. vii, xii, 22, 23. chests in the fifteenth century at > Casley's Catalogue of MSS., twenty-four, but in so doing- he pp. 27, 67, 107, 134, 189. seems to inchidc several chests * Annates de Dunstaplia, in which were simply tlie depositories .'liinales Monastiei, (ed. Luard) of books, ornaments, and other vol. iii. p. 287; Dugdale's J/6V/a.f- goods of the Unixcrsity. tieo/!, vol. v. pp. 697, 699. GLOUCESTER COLLEGE. 103 of their order might Hve and study together, and a chapter- general, held at Abingdon in 1279, imposed a tax on the revenues of all the Benedictine monasteries in the province of Canterbury for this purpose.' But before any large sum could have been collected in this manner, the scheme was taken up by a rich nobleman. In 1283, John Giffard, Baron of Brimsfield in Gloucestershire, purchased certain tenements in Stockwell Street in the north suburb of Oxford, and there founded a house for thirteen black monks professing the rule of St. Benedict. They were at first chosen exclusively from the monastery of St. Peter at Gloucester, but about seven years later the founder was persuaded to alter and enlarge his scheme, by throv/ing the establishment open to students from any of the Benedictine houses in the southern province. The first Prior was chosen from among the brethren of Gloucester, and, in remembrance of its original connexion with that place, Giffard's new foundation received the name of Gloucester College, or Gloucester Hall.'' Its site is now occupied by Worcester College, and a dreary open space a few yards ofi" is still known as Gloucester Green. The heads of the Benedictine community in England watched the ' Clironicon Petrolnirgciisc, (ed. 32 ; Annales dc Wigoniia in An- Stapleton) p. 31. Wood and other 7iales Monastici, vol. iv. p. 488. writers sta^e that the Benedictines Wood asserts that Gilbert Clare, of Winchcombe had a place of Earl of Gloucester, lived here in study at Oxford in the twelfth 1260, and in proof of his asser- century. Dugdale's Mo)iasticou, tion points to an old shield of vol. iv. p. 404. It is true enough the Clare arms which in his time that they owned a house {imam was to be seen in one of the win- maiisioneiii) at Oxford in 11 75, dows. V)\ig^7x!iCs MonastLcoii,\o\. but there is no evidence to show iv. p. 403. It is more probable, that it was used by them as a place however, that these arms were set of study, or that it differed in up at Gloucester College in memory character from the three houses of the benefactions of the Clare in London which they owned at family to the monastery of St. the same period. See Dugdale's Peter at Gloucester. Some of the MoJiasticoii, vol. ii. p. 303. early charters of Gloucester College - Historia Moiiastcrii S. Petri are given in the Monasticon, vol. iv. G/oucestricc, (cd. Hart) vol. i. p. pp. 407, 408. I04 GLOUCESTER COLLEGE. growth of Gloucester College with warm interest,' and when it was announced that one of the students was about to take his degree as Doctor of Divinity, they resolved to mark the event by extraordinary solemnities. As the "inceptor," William de Brock, had formerly been a monk at St. Peter's, Gloucester, the Abbot, the Prior, and the brethren of that house, came to Oxford with certain esquires and dependents, a goodly cavalcade of a hundred horses in all. Thither came also the Abbots of Winchester, Reading, Abingdon, Evesham, and Malmesbury, and many Benedictine priors and monks, and both they and other dignitaries of the order who were unable to be present at the ceremony, loaded the inceptor w^ith gifts and praises. Being the first Benedictine to take a Doctor's degree at Oxford, De Brock had to find a master outside the precincts of his own college, and he selected the most important personage in the University, the Chancellor himself^ But when another inmate of Gloucester College was about to take a similar degree in 1301, it was thought desirable that De Brock, who was then Prior of Gloucester, should return to Oxford for a while, in order to preside at the scholastic disputations of his old colleague.3 It was in one of the earlier years of the fourteenth century that a certain Richard de Wallingford became a student at Gloucester College, and his career, as given in the chronicles of St. Alban's, may fairly be taken as a sample of that of many a Benedictine in the middle ages. By birth the son of a blacksmith, he was at the age of ten adopted by the Prior of Wallingford, and at his expense sent to Oxford seven years later. There he went through the usual course in grammar and philosophy, and took the degree of Bachelor of Arts at the age of twenty-three. Then, bidding farewell to the world, he assumed the Benedictine habit at St. Alban's ; ' Rc}'ncr, Aposlolatics Bcnedicti- uoruin in Aiiglia, part ii. pp. 53. 54. ' Hist. Mcnast. Gloucesiria^ \ol. p. 34. 3 Ibid. p. 35. STUDENTS FROM DURHAM. 105 but, after three short years of claustral life, he returned to Oxford, and, during a residence of nine years, appUed himself so diligently to the study of philosophy and theology as to be licensed to lecture on the Sentences of Peter Lombard. In 1326 he was elected Abbot of St. Alban's, and it is recorded that in his later years he used to lament that he had wasted so much of his time on the secular arts of arithmetic, geometry, astronomy, and music, instead of devoting his whole energies to acquiring a thorough knowledge of theology.^ In the meanwhile some Benedictines from the province of York had also established themselves in the northern suburb of Oxford. Hugh de Darlington, Prior of Durham, sent some of the younger brethren of that famous monastery to study in the schools of Oxford about the year 1286, and, some five years later, his successor, Richard de Hoton, began to build a house for them, on a plot of ground which he had purchased in Horsemonger Street, to the north-east of Balliol Hall, and consequently to the north of the great fosse called Canditch.^ The new-comers seem to have had a dispute as to precedence with the Cistercians, for in 1300 the University had to make a decree that in public processions the monks of Rewley should wd\\<. immediately after the Dominicans, and before the Benedictines. 3 While the older monastic orders were thus gaining a footing at Oxford, the friars for their part were striving to aggrandise themselves at the expense of regulars and seculars alike. The Dominicans in particular caused a good deal of trouble by their ambitious schemes. Not satisfied to contend against other aspirants to academical fame on terms of honourable rivalry, they aimed at securing a permanent supremacy by means of special rights and immunities. They desired to profit to the utmost by their connexion with the University, ' Gcsta Abbatii))i Sti. Albaiii, (cd. Riley) vol. ii. p. 182. - }Iist. Du/uiin. Soiptorcs T7xs, (Surtees Society) p. 72; Dugdale" Miuiasticon, vol. vi. p. 676. 3 Mini. Acad. p. 78. io6 CLAIMS OF THE DOMINICANS. to fill its highest offices, and to exercise the greatest influence in its schools, and yet to remain practically exempt from its jurisdiction. After a long struggle they had won a signal victory at Paris, and had compelled the reluctant University to reserve for them two of its twelve public chairs of theology.' If all succeeding Popes had shown as great partiality to their cause as Alexander IV. had shown in his famous bull Quasi liginnii vitce, they might have destroyed the indepen- dence of other universities. But, although they gained some success over the Cambridge Masters in the year 1303, they encountered at Oxford a body of men who were well able to hold their own against all assailants, in the schools and in the law courts alike. A sharp controversy arose between the Dominicans and the University of Oxford with respect to some statutes which were passed in 1303 and 131 1. The blasters assembled in Con- vocation, having observed that the solemn disputations known as" Vespcrice',' and the Latin sermons of Bachelors in Divin- ity, often attracted a number of listeners too large for any ordinar}^ school, passed a decree that for the future these exercises should always take place in St. Mary's Church. "^ The Dominicans chose to represent this as a wanton affront to themselves. Their con\'ent had proved spacious enough to accommodate Henry III. and his suite, a Parliament had been held within its walls, and its position, far removed from the traffic and turmoil of the High Street, made it in their opinion very convenient for scholastic assemblies. The vast audiences of clerks who from time to time had come there to hear l^csperuc, and sermons, had been a source of gain as well as of honour to the order, and the friars protested vehemently against any measure which would rob them of such welcome visitors. At the same time they took ' (l\-^\\c':,IIistoirc de I'Unii'cysite I ii.; ('j\c?>c\cY''i, luclesias/u'al Illsiory. dc Paris, vol. i. p. 392 ; Milman"s Mini. Acad. pp. 39- 395. /. i I tin Cii ' is/ii 1 11 ity, b o o k x i . c h ap t c r | DEGREES AV THEOLOGY. 107 exception to another recent statute of the University, which forbade any one to lecture on the text of the Bible who had not already lectured on the Sentences and taken the degree of Bachelor of Divinity, arguing with some force that the meaning of the inspired writers was far more intelligible than the subtle arguments of Peter Lombard. Having thus found some plausible grounds of complaint against the University, the Dominicans thought that they might safely attack the statute of 1253, which required a Master's degree in Arts as a preliminary qualification for all degrees in the superior faculties. This important statute had from the first been disliked by the Dominicans, because, as their ov/n rules did not allow them to graduate in Arts, it seemed to debar them from proceeding to the highly coveted degree of Doctor of Divinit}', unless they had graduated in Arts before assuming the black habit. In point of fact, the University had always been willing enough to relax the severity of the statute in favour of deserving candidates, but the Dominicans chafed under the humiliation of having to obtain by grace an honour which others could claim by right. They pointed out that a "grace" might be denied to a sound theologian, if a single secular ]\Iaster chose to oppose it, and they demanded that the obnoxious statute should be repealed as far as they were concerned. They sought moreover to establish at Oxford the singular right which they enjoyed at Paris, of being the sole judges as to the fitness of any members of their own body for academical degrees. The ^Masters replied to these pretentious claims by declaring plainly that they could not make any distinction between friars and other students, and by summoning all graduates to swear that they would uphold the liberties and privileges of the University. The Dominicans, being on the point of appealing to Rome against the University, declined to take the oath, and were in consequence excluded from all share in academical affairs. Having drawn up a formal appeal and proclaimed it io8 CLAIMS OF THE DOMINICANS. in the Franciscan and Carmelite convents, they deputed Friar Lawrence de Warwick to read it before the Regents and Non- Regents in St, Mary's Church. But when he repaired there for the purpose, he was promptly ejected, together with the notary-public and the other witnesses whom he had brought with him. Not to be foiled in this manner he collected a crowd in the churchyard, and, mounting a tombstone close to an open window on the south side of the chancel, proceeded to read the appeal in a loud voice to the Masters assembled within. He also affixed a written copy of it to the church door, and he did not retreat until the servants of the secular clergy and other bystanders began to jeer at him, and utter threats of setting fire to his convent. On another occasion he tried to serve a writ on the Chancellor in person, and, waylaying him as he was coming down from his schools, thrust the document at him, but the Chancellor would not look at it, and let it fall into the mud. The quarrel was embittered by several little incidents of this sort. When a Dominican Regent went one day to " determine " and dispute according to custom, he found the school already occupied by two other disputants, and he had to content himself with disputing against some friars of his own convent, to his and their shamc.^ No Dominican Bachelors were allowed to take degrees, and when one of them obtained a recommendatory letter from the King himself, he met with a downright refusal because he would not take the new oaths. ^ The bedels, or servants of the University, turned deaf ears to the commands of the Dominican Masters, and, in fact, entirely ignored them. The secular clergy, and even the laity of Oxford, deserted the Dominican church, and ceased to take Black P'riars as their confessors. Finally, in consequence of a decree of the Archbishop of Canterbury against all impugners of the University statutes, the Dominicans found themselves ' Di;4by Roll 234, in the liod- j - Close Roll, 5 Edw. II. in. 8/a Ician Library. j LEGAL PROCEEDINGS. 109 branded as excommunicate.' Nevertheless they did not despair of ultimate success. Edward II., doubtless under the influence of a mendicant confessor, espoused their cause warmly, and not only forbade the Chancellor and Masters to molest them before the next session of Parliament, but also threatened to subject the privileges of the University to a rigorous scrutiny, as if with the intention of annulling them altogether.^ He even went so far as to write to the Pope and to several Cardinals requesting them to decide in favour of the Domini- cans. 3 The Archbishop too was induced to mitigate his wrath. The cause came on for hearing before the Cardinal of St. Eustace at the end of January 13 13, when John Stratford, a Doctor of Laws, put in an appearance together with four others on behalf of the University.s He pointed out that the statute of 1253 had been actually subscribed by the master of the Dominican school at Oxford, and had been held in respect for sixty years. The more recent statutes he justified on grounds of public convenience. At the same time he refused to plead formally, for, as he said, the University was poor, and could not afford the expense of a protracted suit at a great distance from home. His real reason for desiring that the cause should be heard in England, was that the officers of the Roman court were likely to be prejudiced in favour of an order which had establishments in every part of the Latin Church, and numbered many Italians among its members. The Dominicans, on the other hand, declared that they could not obtain justice in England, because all the lawyers there were so closely attached to the University, either by oath or by sympathy, that not one of them would act for ' Digby Roll, as before. i, 1313. ^ Close Roll, 6 Echv. II. m. \2b. ; = Ibid. p. 3S0. Rymer's Ea'dera, vol. iii. pp. 379, Register of Archbishop Rey- 3S0. \Vood erroneously places the nolds, f. 33. second of these two writs under the ^ He afterwards became Arch- year 1 3 16. Its real date is February bishop of Canterbury. I lo ARBITRA TION AND A WARD. the other party.' Stratford eventually gained his point, and Pope Clement \^ ordered the Bishops of London, Worcester, and Llandaff to effect an agreement between the litigants. Legal proceedings were thereupon dropped by mutual con- sent, and, in the month of November, the University and the Dominicans respectively nominated two arbitrators, and bound themselves in a sum of two hundred pounds to abide by their decision. The award was given before long, and it must have proved highly satisfactory to the University. All the impugned statutes were specifically confirmed, and the Dominicans had to console themselves with an unimportant proviso that all Bachelors about to incept in theology should preach one sermon in their conventual church. A rule was at the same time made that in future a fortnight's notice should be given of any proposal to alter the statutes, and that no statute should be deemed valid which had not been passed by the Faculty of Arts and two other Faculties, or by a clear majorit}- of all the Regents collectively with the assent of the Non-Regents. The award was solemnly ratified by the King in the spring of 1 3 14. ' The quarrel, however, broke out again before long, for, in the autumn of that very year, Walter Reynolds, the newly appointed Archbishop of Canterbury, had occasion to repro\-e the Chancellor and Masters of Oxford for encouraging certain rebellious Dominicans to take proceedings against the chiefs of their own order.3 Two years later, he complained to four Cardinals that the University persisted in harass- ing the Dominicans ; and it was probably at his instigation that Edward IF, who had formerly been his pupil, wrote to Clement V. and to every member of the Sacred College, praying that the privileges of the Dominicans, wantonl)- infringed by the University, might be confirmed.-* ' Digby Roll, as before. tor, f. 58/A October i, 1314. ^ Patent Roll, 7 VAw. II. p. 2, " IbidA. 85/;. September, 1316; m. 10. Rymer's Firdcra, vol. iii. pp. 5SS -* Archbisliop ReynoUla's Regis- 589. R EXE IV A L OE COXTROVERSV. m So bitter was the animosity between the two parties that on one occasion a band of secular students forced the gates of the Dominican convent, beat the inmates, and overthrew the altars and images in the church. Legal proceedings were resumed, and the Chancellor of the University, Henry de Harcla, was despatched to the Roman Court, where he died while the suit was still pending.^ By this time the King had begun to regard the Black I'riars with less favour; and when they put forward a claim to be exempt from the criminal jurisdiction of the Chancellor, he ordered the Sheriff of Oxford to support the Chancellor against them, regardless of any privileges which they might have obtained from the Pope.^ On the other hand, they induced John XXII. to withhold his assent from two important articles of the award of 13 1 3, that, namely, which insisted on a Master's degree in Arts as a preliminary for the study of theology, and that which forbade any one below the degree of Bachelor of Divinity to lecture on the text of Holy Scripture.^ How long these points remained in suspense does not appear. John Luttrell, the new Chancellor of Oxford, seems to have started for Avignon in the month of December, 13 17, taking with him letters of introduction from the King and others, but it is not clear whether the cause was ever tried there.^ A year later, Archbishop Reynolds made a vain attempt at mediation.-' One result of the litigation was that the University found itself involved in debt. Its own slender resources had soon failed ; funds intended for the relief of poor scholars had been absorbed ; and individual members had contributed to the utmost of their means. There seemed to be no alternative but surrender or flight.'' Under these circumstances the ' Lord Harlech's ?^IS. Letter- * Ibid. ii. 146, 14S ; Aylitie, p. book of Richard of Buiy, ft". 144/-', xi\. 145/;, 146.^, 153. 5 Letter-book, as before, ft". 150') - Ayhffe, vol. ii p. .\ix. -^i53- 3 Letter-book, as before, f. 103/'. ^ IhiiL ft". 144 146. 112 ECCLESIASTICAL TAXATION. Convocations of the clergy of Canterbury and York came to the help of the necessitous University, and imposed a tax of a halfpenny in the mark on all ecclesiastical benefices in the realm. The chiefs of the older religious orders granted money in a somewhat less formal manner.' It was, perhaps, this general manifestation of ecclesiastical opinion which in- duced the Dominicans to come to terms with their adversaries, at the end of the year 1320. In a Congregation of the Univer- sity in St. Mary's Church, certain representative friars ten- dered a public apology on behalf of their brethren.^ It would appear, however, that this submission was not made without some corresponding concession on the part of the secular Masters, and we may probably refer to this period a statute of the Universit}', whereby members of the religious orders who had not graduated in arts were to be allowed to graduate in theology, if they had attended a course of lectures longer by two years than that required of secular candidates. 3 The controversy being thus settled, many of the parochial clergy tried to evade the necessity of pa}-ing their share of the tax, and as late as the year 1327 the University had not received the whole sum that should have been collected in the province of York.'* A tax of a farthing in the pound was in 1320 levied on all benefices in the southern province, for the maintenance of a converted Jew who was then teaching Hebrew at Oxford, the Council of Vicnne having decreed that there sliould be two lecturers on Hebrew, two on Arabic, two on Greek, and two on Chaldee, at the Roman Court, at Paris, at Oxford, at Bologna, and at Salamanca. ^ ' Letter-book, as before, ff. 145, tot ion Universitati, December 13, '53''^ 155) 15S ; Register of Bishop 1320. (Twyne MS. vol. iii. f. 367.) lUirghersh, f. 351 (Twyne MS. vol. ^ J///;/. Acad. p. 3SS. ii. f. ^b) ; Wilkins's Concilia, vol. ^ Historical Papcrs/roni A'ofi/wni ii. p. 551 ; Eii^lit/i Report of the His- Rei!;isters^ (ed. Rainc) pp. 346349. torical MSS. Conimissioii, p. 354. = Wilkins's Concilia, vol. ii. ji. - Letter-book, as before, ft". 154, 499 ; Constitutions of Clement \'. 157/' ; Sub>nissio Fratntni Prccdica- lib. v. cap. i. THOMA S AQ UINA S. 113 In striving to obtain supremacy at Oxford the Dominicans were to a great extent influenced by a desire to propagate the doctrines of their illustrious teacher, Thomas of Aquino, the attachment of their order to his memory having been deepened and strengthened by time. This remarkable man, often described as "the Angelic Doctor," had made an elaborate attempt to reconcile human philosophy with divine faith. He did not indeed pretend that every article of the Christian creed could be proved by man's unaided reason, but he maintained that natural and revealed truth were complemental to one another, and he compiled an enormous work which professes to contain a comprehensive and harmonious system of philosophy and theology.^ His plan was to bring forward the strongest arguments that his subtle brain could devise on both sides of every question, and then to give his own judicial decision in strict conformity with the teaching of the Church. Thus, as has been remarked, " the reasoner against almost any tenet of the Catholic faith may be furnished at a short notice with almost any kind of weapons out of the armoury of the great Catholic doctor." ^ Aquinas was, like his master Albert the Great, an ardent admirer of Aristotle, but finding that the exposition of Aristotle by Averroes, hitherto so popular in Western Europe, was incompatible with strict orthodoxy, he determined to reject it.3 The Franciscans, however, partly from their sympathy with the doctrine of Averroes, and partly from their jealousy of the Dominicans, refused to bow to the authority of the Angelic Doctor, and openly challenged his decisions upon many subjects. It would have been strange indeed if so voluminous a writer had proved invul- nerable at all points, and we accordingly find that some of his tenets were officially condemned at Paris during his own ' ^iMV^Wig&xWiih'ej-sity of Cam- p. iSS. bridge, pp. no 115. "' Mullinger, p. 114. ' Maurice's Medicrval Philosophy, U4 THOMA S A Q VINA S. lifetime' IMoreover, within three years after his death, which occurred in 1274, Stephen, Bishop of Paris, and the Faculty of Theology of that University, specifically condemned his teaching as to the absence of matter in angelic bodies,^ and Kilwardby, Archbishop of Canterbury, himself a Dominican, denounced his theory as to the constituent elements of man.^ The leaders of the Dominican Order became seriously alarmed, and a chapter-general held at Milan in 1278 despatched two friars in all haste to England, with instructions to punish and degrade certain of their brethren who had ventured to speak disparagingly of the great Dominican docton-^ So, again, a chapter-general held at Paris eight years later, bound all members of the Order to defend and propagate his doctrines under pain of suspension. ^ On the other hand, an Oxford P'ranciscan, William de la Mare, wrote an elaborate Censure of Friar Thomas ; and, to the extreme vexation of the Dominicans, Peckham, the Franciscan Archbishop of Canter- bury, reiterated his predecessor's decrees in the schools of Oxford.^ The Dominicans eventually won a signal victory, for, in 1322, Pope John XXII. enrolled their champion ' DialoiiKs Magistri Cuillcn/ii de Ockha/n, lib. ii. c. 19. ^ Petri Lombardi Scntcnticr Doctoris Bo?iave/iiiim opus (ed. 15 15). D'Argentrc tries to show- that the words " contra fratrcni Thotnam" were no part of the original decree, but it is easier to account for their omission after the canonisation of Aquinas, than for their interpolation into earlier manuscripts. ' Dialogns Magistri Guiliermi de Ock/iai)2, lib. ii. c. 19, 22, 24; I3'Argentr(5, Collcctio Jitdicionan, vol. i. pp. 185, 186, 201 ; M. Hau- rcau {Philosopliic SiJiolnstiqiir, \ol. ii. p. 213) writes a- if Kilward- by had taken part in a diocesan synod at I'aris in 1277. The real facts are that Stephen Tempier condemned thirteen errors at Paris on the loth of December, 1270, and two hundred and nineteen errors on Mid-Lent Sunday, 1276 or 1 277, whereas Robert Kilwardby condemned thirty-one errors at Oxford on the Thursday after St. Cuthbert's Day (20th March), 1276. * Marteneet Durand, '1 Jiesaurus A'o7'us Aiiccdotorioii, \q\. iv. p. 1793- 5 Ibid.^. 1 81 7. ^ Wadding, Scriptorcs Ordinis Minorum, p. 105 ; Wilkins's Cor,- cilia, vol. ii. pp. 107 110. THOMA S AQ UINA S. 115 among the canonised saints of the Latin Church, and another Bishop of Paris revoked the decisions of 1276, in so far as they affected '' the refulgent light of the universal church, the sparkling jewel of the clergy, the fountain of doctors, the very clear mirror of the University of Paris, the noble and illuminating candlestick," St. Thomas.' Italian painters have represented the Angelic Doctor as seated on a majestic throne between Plato and Aristotle, with Arius, Sabellius, and Averroes, crouching beneath his feet, and the greatest of Italian poets has placed him with eleven other sages in a dazzling orb, high in the realms of Paradise.^ Nevertheless, the opponents of Thomas Aquinas would not own themselves beaten, and having found a redoubtable champion in the Franciscan friar, John Duns Scotus, they carried on the contest with renewed zeal. The universities of Western Europe were for many years the scene of a wordy war between the Thomists and the Scotists, as the adherents of the rival factions came to be called from the names of their respective teachers. Duns has been claimed as a fellow-countryman by English- men, by Scotchmen, and by Irishmen alike, and he has formed the subject of several laborious biographies. Yet all that is certainly known about his life may be summed up in a very few words : he was born in the British islands, he became a Grey Friar, he lectured at Oxford in or about the year 1304, and, after resuming his lectures at Paris, he died at Cologne in 1308. All else is fable, or at best conjecture. ]\I. Renan has sufificiently shown that the posthumous reports of his universal charity, of his ecstatic fervour, and of his meek benevolence, were fabricated at a time when the Franciscans were intent on exalting their Subtle Doctor to the level of the Angelic Doctor of the Dominicans. E\-en the quasi- D"Argentr6, Colleciio Juditio- Monastic Orders, p. 394 ; Dante, rinii, vol. i. pp. 218, 222, 223. Paradiso, canto x. - Jameson's Le^^ends of iJic . I 2 1 1 6 /( V/X D I W'S SCO TL 'S. historical statement that Duns propounded the doctrine of the Immaculate Conception of the Virgin Mary to an applaud- ing assembly of Parisian divines, has been proved to have no foundation in fact.' Dismissing without serious comment the tradition that his lectures were attended by audiences of thirty thousand listeners, we need only remark in connexion with his Oxford career, that many writers of good repute have fallen into the strange error of supposing that he became a member of Merton College after having joined the Franciscan Order in his boyhood. Such a proceeding would have been forbidden alike by the practice of the Grey Friars and by the statutes of Walter de Merton.^ If it be true that Duns died at the early age of thirty-four, the rapidity of his mental productiveness may well be characterised as " the most w^onderful fact in the intellectual history of our race." 3 His treatise on the Sentences of Peter Lombard, generally known as the Scriptuni Oxoniense, alone fills six folio volumes of small type, and his other collected works occupy at least an equal space. No mere reproducer of other men's opinions, he was an independent logician of the greatest ingenuity, and it is only by the extraordinary irony of fate that the name of the learned schoolman Duns has in common parlance come to denote an ignorant blockhead.* One important distinction between the Thomists and the Scotists lay in the different estimates which they formed of the value of logic. Since the recovery of the long- lost philosophical writings of Aristotle, in the first half of the thirteenth century, logic had been tacitly degraded from its pre-eminence in the schools of Paris and Oxford. The ' Histoire Litteraire dc la France, ^ See the quotations given by vol. XXV. pp. 404 467. j Richardson, Webster, Trench, and - .See p. 74. ' Wedgwood, s.v. " Dunce." "^ Milman's Laf/n Cliristianity. JOHN DUNS SCOruS. 117 Thomists were unanimous in considering it an art, a valuable art indeed, but at best only a method of arriving at true know- ledge. According to them it dealt with artificial processes of the human mind, rather than with actual facts. Duns, on the other hand, claimed for it the first place among the sciences. He pushed realism to an advanced point, maintaining that logic treated of distinctions which had an objective existence anterior to their conception by man.' " The mind of Duns," remarks Dean Milman, '' might seem a wonderful reasoning machine ; whatever was thrown into it came out in syllogisms of the coarsest texture yet in perfect flawless character. Logic was the idol of Duns; and this logic-worship is the key to his whole philosophy." ^ As a theologian, however, he admitted that there were some mysteries which, even when revealed by God, could not be thoroughly analysed by the human understanding.^ Despite his dry method and his barbarous literary style, he had many followers, and the enthusiasm which his lectures excited attests the extra- ordinary intellectual activity of an age which could not appreciate the refinements of polite literature. " Precisely that contempt," says ]\Ir. Mullinger, "with which the ordinary scholar now regards the metaphysical researches of the school- men, was felt by the schoolman of the fourteenth century for researches such as hav^e mainly occupied many of the learned of our own time. Discussions on Greek metres and disquisitions on Etruscan pottery would have appeared, to the Oxonian of the days of Edward I., but solemn trifling, while the distinction between the prima and seciinda vitentio remained uninvestigated and the principutm individuationis undetermined ; and students, who could not have written a Latin verse or a page of Latin prose without solecisms that would now excite the laughter of an average English public ' Mullinger's University of Cam- ' pp. 307 382. bridge, pp. 173 186 ; Haurcau, * Latin Christianity. Philosophie Scliolastiquc, vol. ii. ' MuUinger, p. 185. ii8 WILLIAM OF OCKHAM. schoolboy, listened with rapt attention to series upon series of argumentative subtleties such as have taxed the patience and powers of some of our acutest modern metaphysicians." ' The influence of Duns Scotus was so great that in England at least the tide of popular favour turned against the system of St. Thomas Aquinas. His own authority, however, was in its turn assailed by an Englishman trained in the same cloister, and said to have been one of his own pupils. The controversy between Thomists and Scot'sts gave place for a time to a controversy between Realists and Nominalists. William of Ockham, the reviver of Nominalism, styled " the Singular Doctor," and " the In- vincible Doctor," maintained, in direct opposition to Duns, that universals, or general terms, existed only in name, being simply produced by the abstracting powers of the human mind, and having no real independent existence whatever. He was the founder of a school of thinkers who abandoned the attempt to harmonise philosophy with theology. Having assigned separate functions to each of these sciences, and being thus untrammelled by the necessity of subordinating everything to the decisions of the Catholic Church, he pursued logic fearlessly wheresoever it led him.^ In one sense of the word he may fairly be called "a freethinker," though he was a devoted member of the Franciscan Order and a strenuous defender of mendicancy. The daring contest which he main- tained against two succcssi\'e Popes, has earned for him a conspicuous position in the history of the fourteenth century; but it is not necessary in this place to discuss his views on the relations of Church and State and such matters, especially as nothing is certainly known about his career at Oxford. 3 lie was at once the glory and the reproach of his order. ' UiiivcrsifyofCaiiibridgc^^.ili. \ Mcrton. Perhaps the earliest allu- ^ Ibid. pp. iSS 193; Haurcau, | sion to his education at Oxford is vol. ii. pp. 418 474. ' that in a eulogy of the University, ' Wood ventures to claim him in Lambeth MS. 221, f 3o8<^. as a member of his own college- - THE FRANCISCAN FRIA RS. \ 1 9 The consciousness of intellectual superiority led the Fran- ciscans to adopt an aggressive policy in many countries. Not content with making proselytes in the open field of the Latin Church, they invaded the convents of other orders, and tried to attract the inmates to their own professedly holier rule of life. Such conduct naturally provoked a good deal of ill-feeling, and when the Oxford Franciscans admitted an Augustinian friar to their society, the Prior of the Augustinians retaliated by laying them under sentence of excommunication. Archbishop Peckham, however, a Franciscan friar, interfered in the matter, and soon settled it in favour of his own order.' On another occasion too, he did his best to increase the influence of the Grey Friars at Oxford, by forbidding the Carmelites and Augustinian friars to hear confessions within the archdeaconry.^ Bishop Dalderby of Lincoln was less partial, and when the Provincial Minister of the Franciscans asked him to license twenty-five of the Oxford friars to hear confessions, he cut the number down to four, and it was with difficulty that he was induced to license eight.3 The right to hear confessions was indeed a powerful weapon in the hands of the mendicants, and during the contest between the Dominicans and the University, the former used to absolve clerks and laymen excommunicated by the Chancellor, until the Bishop of the diocese prohibited the practice as an invasion of his special prerogative. The convent of the Oxford P"ranciscans, inconveniently crowded with students from different parts of the world, was materially enlarged in 1309, for, on the petition of the Earl of Richmond, Pope Clement V. granted to them the site of the adjoining convent of the PViars of the Sack, who had recently been suppressed. ^ ' Wilkins's Concilia, vol. ii. p. ' a.d. 1300. log. A.D. 12S4. ^ Jbiif. f. 391. (Twyne MS. vol. "^ Archbishop Peckham's Register, . ii. f. 15.) A.D, 1319. f. 166^. A.D. 1280. 5 J3u l3oiilay, Hist. Univ. Paris. 5 Bishop Dalderby' s Register, f. vol. iv. p. 127. 13. (Twyne MS. vol. ii. f. 23/'.) I20 THE CARMELITE ERIARS. The Carmelites, or White Friars, also grew in import- ance in the early part of the fourteenth century. Iji fulfil- ment of a vow made in a moment of peril on the field of Bannockburn, but contrary to the advice of Hugh le Despencer, Edward II. granted to them, in 13 17, his manor- house in the northern suburb of Oxford, generally known as the King's Hall. They soon abandoned their original dwelling on the swampy banks of the river, and established a convent for twenty-four friars on their newly-acquired property, between Stockwell Street and the church of St. Mary Magdalene.^ As late as the reign of Henry VI. it was customary for the Kings of England who visited Oxford to take up their abode at the Carmelite convent, in remem- brance of its having belonged to their own ancestors.^ Some vestiges of this historical building were in existence about seventy years ago, but they were removed in order to make room for the dreary houses of Beaumont Street, and its memory is only preserved in the name of a neighbouring alley still called Friars' Entry.3 The great development of the University in the later part of the thirteenth century tended to aggravate the old feud between the clerks and the townsmen. Scarce a year passed that the King did not receive a statement of grievances from the one side or from the other. One frequent cause of com- plaint on the part of the clerks was the unwholesome condition of the town. Butchers were wont to slaughter their beasts at Carfax, and in other public places, and chandlers used to pollute the air by melting grease in the open street.'* The main thoroughfares and the narrow alleys were alike in a disgraceful condition, deep in mire and filth ; and ' Bishop Daklcrby's Register, f. \ "^ Ross's Historia Regiivi, (ed. 38S (Twyne MS. vol. ii. f. 4^) ; Hearnc) p. 192. Patent Roll, 11 Edw. II. p. i, m. 3, | 3 Seethe engraving in Skelton's and p. 2, m. i (Twyne MS. vol. Oxoiiia Aniiqua. xxii. f. 117); Chi'onicles of Edw. I. '' Twyne MS. vol. iv.f. 61 ; Wood's a/id II., {(td. Stubbs) vol. ii. p. 300. AniiaLs, vol. i. pp- 361, 362. CLERKS AND TRADESMEN. 121 householders were often remiss as to the repair and cleansing of the pavement in front of their dwellings.^ Until re- strained by royal prohibition, the bakers and brewers of Oxford used to draw the water required for their respective trades at Trill Mill, and at the bridges leading to the Dominican convent, regardless of the sewers which emptied their foul contents into the river hard by.^ The wine sold to the scholars by the Oxford vintners was denounced as being at times unfit fpr human consumption, and exorbitantly dear,3 The townsmen were frequently accused of rapacity and illegal conduct, in charging higher prices for certain articles of food than were sanctioned by act of Parliament.4 The clerks, being desirous to buy direct from the producers and importers, viewed all forestallers and middle-men with special antipathy, and protested vehemently if the local traders in any way attempted to prevent country folk and strangers from exposing their goods for sale in Oxford. Under the idea that they could keep down prices more effectually by limiting the number of regrators, or retail victuallers, than by encouraging competition among them, they persuaded the townsmen to agree that there should never be more than thirty-two regrators in the town and suburbs, and they made complaint to the King whenever that number was exceeded. ^ They had influence enough at Court to obtain the dismissal of a certain Robert ' Close Roll, 29 Echv. I., m. \\b ; m. \']b. Patent Roll, 5 Edw. III. p. 3, m. 18. s Mim. Acad. p. 38 ; Rot. Pari (Hare MS. ff. ^i^), ^Sb) vol. i. pp. 163, 373 ; Twyne MS. vol. ^ Placitacorajn Rege. Mich. 21 iv. f. 67; Close Roll, 12 Edw. II. 22 Edw. I. (Twyne MS. vol. ii.f. 86.) m. 6 (Hare MS. f. 49) ; It appears 3 Twyne MS. vol. iv. f. 66 ; Patent from the second of these references Roll, 4 Edw. III. p. 2, m. 21, and that the contracted word " reg." in 5 Edw. III. p. 2, m. 8. the first of them stands for regra- '' Close Roll, 3 Edw. I. m. 181$ tores rather than for regentes. On (Hare MS. f. 25) ; Twyne MS. vol. the other hand see Register of the XV. f. 321 ; Patent Roll, 6 Edw. III. University, {td. Boase) vol. i. p. 295. 122 CONTESTS WITH THE TOWN. Wells from the office of Bailiff of the Hundred without the North Gate in 1288, and they solemnly resolved to suspend all lectures if he were ever reinstated.' The controversies between the clerks and the townsmen ran so high in 1286 and the following year, that special commissions were appointed to settle them.'' In 1290, the representatives of the University and of the town appeared before the Parliament at Westminster, and agreed to waive all hostile proceedings on either side, if the King would arbitrate on certain matters then in dispute. The townsmen were the complainants this time. They contended that the Chancellor habitually exceeded his legal powers, by rescuing rioters from custody, by exacting ruinous fines from laymen imprisoned at his command, by summoning people to appear before him without due notice, and by appropriating on behalf of the University the fines imposed on forestallers and dis- honest traders, and they declared that they suffered loss by the hard conditions vvliich the clerks made about the hire of their hostels, and by the extension of the privileges of the University to certain married men who carried on secular business in the town. Edward I. dealt suinmarily with these complaints, and gave decisions worthy of his reputation as the English Justinian, sometimes in favour of one party, sometimes in favour of the other. On the whole, however, the clerks seem to have been the principal gainers by the arbitration, and they caused the King's award to be registered in the collection of their privileges.^ The peace between the University and the town so formally ratified did not last long, for in 1298 there was a violent outbreak of ill-feeling. On Friday, the twenty-second of ' Midi. Acad. pp. 43^45, 68. [ i. p. 33 ; Rcgisti-um rrivilegiormn. " Patent Roll, 14 Edw. I. m. 7 i A copy of the award in Royal (Twyne MS. vol. v. f. 6); MS. 12. D. XI. f. 61, is headed : University Archives, Box M. No. ^^ Afagiia carta de concordia facta 2 (Twyne MS. vol. i.). | qticc dicitiiy ' Starra' inter U/ii- ' Rotnli Parliaineuforiiiu, vol. I I'crsitatcin ct Burgenses Oxonne." THE GREAT RIOT OF 1298. 123 February, a clerk had a scuffle with one of the Baih'ffs at Carfax and took away his mace. He was at once ar- rested, but, as he was being carried to prison, a party of his comrades rescued him, and avenged themselves on the Bailiff by breaking open the doors of his house. On the following day some of the clerks went armed to St. Mary's Church and fought with the townsmen whom they found there, wounding and ill-using them, and even beating to death a trader who had come from Iffley to Oxford with merchandise for sale. The Bailiff repaired to the Chancellor, and demanded that the malefactors should be committed to prison, but he replied curtly, " Chastise your laymen and we will chastise our clerks." Their indignation at this rebuff was heightened when they heard of a grim joke played by some clerks, who had forced a common beadsman to pray for the souls of certain living townsmen on the score that they would soon be dead. Foiled in their attempt to obtain justice, the townsmen took the matter into their own hands, and seized and imprisoned three clerks who had been concerned in the fray at St. INIary's. On the Sunday they continued to arrest scholars in Oxford and in the suburb, invading their inns, making havoc of their goods, and trampling their books under foot. It was scarcely to be supposed that the high- spirited young clerks would submit to such treatment, and they prepared to take their revenge on the morrow. In vain did the Proctors send the bedel about the town to forbid them to leave their respective inns ; by nine o'clock on the Monday morning bands of scholars were parading the streets in martial array. The Mayor was equally unable to restrain the ardour of the townsmen. The great bell of St. Martin's rang out an alarm, ox-horns were sounded in the streets, and messengers were sent into the country to collect rustic allies. The clerks, to the number, it is said, of three thousand, began their attack in several different places, and broke open various warehouses in the Spiccry, 124 THE GREAT RIOT OF 1298. in the Cutlery, and elsewhere. Armed with bows and arrows, with swords and bucklers, and with slings and stones, they fell upon their opponents, killing three and wounding about fift}^ One band led by Fulk de Neyrmit, rector of Piglesthorne, and his brother, took up a position in High Street, between the churches of St. Mary and All Saints, and attacked the house of a certain Edward Hales, who had made himself particularly obnoxious to the clerks on former occasions. Hales, however, took up his crossbow, and from an upper chamber sent an unerring shaft into the eye of the warlike churchman, who at once fell mortally wounded. The clerks thereupon lost heart and fled, closely pursued by the townsmen and the country folk. Some were struck down in the streets, while others who had taken refuge in the churches were dragged out and mercilessly driven to prison, lashed with thongs, and goaded with iron spikes. In the evening the Chancellor summoned the Mayor and Bailiffs to come to him, and demanded of them the keys of the town, but when they refused to surrender them, some clerks took forcible possession of Smith Gate and East Gate, and blocked up the latter with great logs of wood. Complaints were of course made to the King without delay, each side accusing the other of murder, violence, and robbery. The clerks assessed the damages done to them at a thousand pounds, while the townsmen claimed the extra- vagant sum of three thousand pounds.' Two commissions were successively appointed to enquire into the matter, and when the Bishop of Lincoln had passed sentence of ex- communication on their adversaries, the clerks abandoned the idea of migrating from Oxford. They had every reason to be satisfied with the decision of the commissioners. A fine of two hundred marks was imposed on the commonalty of the town ; certain laymen imprisoned by order of the Chancellor and subsequently released by the BailifTs w^ere ' Twync MS. vol. iv.ff. 72,77, 78, 143. Wood has mis-translated some words. CLERKS A XL) TOWNSMEN. 125 recommitted ; the two Bailififs were themselves removed from their office ; twelve of the most turbulent townsmen were altogether banished from Oxford, and six others, somewhat less guilty, were deprived of the places which they held in connexion with the University.^ So ended the great riot of 1298, but the records of the time are full of notices of minor frays and street brawls in which lives were often lost. After one of these encounters, the clerks concerned in it fled armed to Shotover Forest, and there maintained themselves for some time, setting their pursuers at defiance '^ ; on another occasion when some scholars had been shot in the street, the murderers found shelter within the walls of St. Martin's at Carfax, the official church of the towmsmen. So valuable indeed was the position of St. Martin's for warlike purposes, that the commonalty took measures for strengthening it, and complaint was made to the King in 1321 that they had raised the walls of one of the aisles, and crenellated them like a fortress, in order to overawe the clerks. 3 Meanwhile, the authority of the Chancellor was steadily in- creasing, and an incident that occurred in 1325 shows the pitch it had then attained. The Mayor of Oxford, having presumed to remove the pillory without the leave of the Chancellor, was solemnly excommunicated by him. The Regent Masters refused to hear his appeal, and he was finally compelled to sue for absolution in the church of St. Mary. It was not until a formal submission had thus been exacted of him, that the leaders of the University would agree to confer with the municipal authorities as to the site on which the pillory should thenceforth stand.'* In consequence of repeated complaints that the traders of Oxford used false weights and measures ' Twyne MS. vol. v. f. 6 : ! Mun. Acad. pp. 6769. University Archives, Box M. No. ! ^ Twyne MS. vol. iv. f. 102. I. (Twyne MS. vol. i.) Bishop I 3 University Archives, Box M. Sutton's Register, f. 253. (Twyne No. 12. (Twyne MS. vol. i.) MS. vol. ii. f. I.) An/tales Monas- " iMn?i. Acad. pp. 113 117. tici, (ed. Luard) vol. iv. p. 539. 126 THE CHANCELLOR OF OXFORD. with impunity, the King in 1328 confirmed the right of the Chancellor of the University to take part in the customary assize of bread and ale, and all the Mayor's attempts to ignore the Chancellor's jurisdiction in such matters were signally frustrated.' The constant and successful interference of the Chancellor in secular affairs encouraged the clerks to abuse their privileges, and, until checked by Edward II., some of them used to make money in an illicit manner, by buying up actions for debt, for breach of contract and the like, and then suing the defendants in the Chancellor's court, where laymen were not likely to obtain a favourable hearing.^ The growing power of the Chancellor was viewed with jealousy, not only by the commonalty of Oxford but also by the Bishop of Lincoln. In the very first year of his episcopate, Oliver Sutton called in question the immemorial right of scholars to cite their adversaries before the Chancellor, and their immunity from the jurisdiction of any civil court outside the University. He also disputed the right of the Chancellor to grant probate of scholars' wills, and it was with some difficulty that the Archbishop of Canterbury procured for the Chancellor the right of punishing immoral clerks in the Bishop's name.^ The Masters seem to have acknowledged their diocesan's claim to hear appeals from the University court, but in 1284 they complained that Bishop Sutton habitually tried to bring before himself cases which ought properly to have come under the cognisance of the Chancellor, and the Archbishop had to warn him that the University would disperse rather than submit to this " unwonted bondage." ' Twyne MS. vol. xxii. ff. 310, 273; Close Roll, 2 Edw. III. m. 23 ; Patent Roll, 2 Edw. III. p. i, ni. 16 19. -' Twyne MS. vol. x\ii. f. 316. Cf. Cooper's Annals of Cambridge, A.D. 1326. 5 Mun. Acad. pp. 41- -43 ; Twyne MS. vol. vii. f. 369 ; University Archives, Box I, No. 5. (Twyne MS. vol vii. f. 371.) Wilkinb's Concilia, vol. ii. pp. Ill, 113; Harleian MS. 6951, It". 29/', 30. THE CHANCELLOR OF OXFORD. 127 The clerks of Oxford had as their Chancellor in 1288, Robert Winchelsey, Archdeacon of Essex, who had pre- viously been Rector of the University of Paris.' When he resigned the office at the end of that year, a new question was raised, which, though apparently unimportant in itself, led to much bitterness and trouble. The Regent Masters having elected one of their number, named William of Kingscote, sent messengers to the Bishop to request that he might be confirmed as Chancellor according to pre- cedent. Sutton, however, refused to admit by proxy a man whom he did not know, and although the Masters protested that it was not usual for their Chancellors-elect to go out of Oxford, he persisted in his refusal. All lectures were thereupon suspended at the University, and, as the controversy raged for about six months, many students went away alto- gether.^ It required the intervention of the King and his council to effect a compromise, whereby it was arranged that the blasters should present their Chancellor-elect in person, if they could go to the Bishop and return without missing a single lecture, but that if the Bishop were far from Oxford he should confirm the Chancellor by proxy. 3 Kingscote's successor went to the Bishop as far as Newton Longueville, in Buckinghamshire, and several subsequent Chancellors were admitted by proxy, but Oliver Sutton took care to show his displeasure on such occasions. On the other hand the Masters were watching for an opportunity of obtain- ing greater freedom in the matter, and at the first occurrence ' Miin. Acad. p. 44 ; Wharton's ' 316. Anglia Sacra, \o\.\. p. 12. Win- chelsey afterwards became Arch- bishop of Canterbury. When efforts = Ibid. p. 318; Prynne's Ecclesi- astical Jurisdiction, vol. iii. p. 1297 ; Rotuli Parliainentonuii, vol. i. p. were made to have him canonised, 160. the University wrote to the Pope. * Bishop Sutton's Register, ff. 3, setting forth his great merits. Lord 51, 117. (Tvvyne MS. vol. ii. ff. i, Harlech's MS. Letter-book of 24, and Harleian MS. 6951. ff. 28^, Richard of Bury, f ly^^b. \ 29*^, ^ob.) ^ Annates Monastici, vol. iv. p. 128 THE ARCHDEACON OF OXFORD. of a vacancy in the Chancellorship after Sutton's death, they merely sent a delegate to their new diocesan at Bugden. Bishop Dalderby, however, saw through the manoeuvre, and only consented to confirm their nominee as a personal favour, on the score that the messenger sent to him was a near relation both of the Archbishop of Canterbury and of the Chancellor-elect of Oxford.^ These disputes with the Bishop were scarcely allayed when a controversy arose between the University and Gaillard de la Mote, Archdeacon of Oxford, as to the right of the latter to receive the probate of scholars' wills, and to exact fines from clerks convicted of immorality. Instead of being an English churchman, taking a prominent part in diocesan affairs and residing near Oxford, this Archdeacon was a foreigner, a Cardinal of the Roman Church, and an absentee from his proper sphere of work. Pi is duties were performed by proctors, to whom he farmed out the revenues of his office for a fixed annual sum, on the understanding that they might keep whatever they could make in excess of that amount. These rapacious underlings, being loth to forego any possible source of revenue, instigated the Archdeacon to complain to the Pope that the University was encroaching on his time- honoured rights, John XXII., disregarding the plea that no Englishmen should be dragged to judgment across the seas, appointed the Cardinal of St. Mary in Aquiro to hear the case, and a writ was sent to the Archbishop of Canterbury straightly ordering him to cite the Chancellor, the Proctors, and certain Masters, to appear at Avignon within sixty days. Archbishop Reynolds evidently disliked the task imposed on him, and delegated his authority in the matter to the Abbots of Oseney and Rewley. They in their turn showed themselves equally lukewarm, for, after making a pretence of searching for the individuals named in the Cardinal's writ, they merely issued a proclamation at St. Mary's, stating in general terms that ' Bishop Daldcrby's Register, f. 5. (Twync M.S. vol. ii. f. 4.) A.D. 1300. INTERNAL DISSENSIONS. 129 all persons implicated in the controversy were required to proceed to the Roman Court within the time specified.' Upon this Edward II. took the question up, and wrote to the Pope and to the two Cardinals concerned, urging that the case should be remitted to England for trial according to the custom of his realm.2 In the third and fourth years of his reign, Edward III. took similar steps on behalf of the University, and a compromise was attempted in 1330.3 The suit was, however, reopened in 1333, and it was not settled until 1345.'* While the University was bravely asserting its rights against the townsmen on the one hand, and against the Bishop of Lincoln and the Archdeacon of Oxford on the other, it was well-nigh rent asunder by internal dissensions. The secular clergy were jealous of the mendicant friars ; the students were banded together according to their nationalities ; rival masters contended in the schools. Archbishop Kilwardby came to Oxford in 1276 to settle some of the questions at issue, and, with the assent of a majority of the Regents and Non-Regents, he there condemned four common errors in Latin grammar, eleven errors in logic, and sixteen errors in natural philosophy, of which at least one had been maintained by the great luminary of his own order, Thomas Aquinas.s Eight years later, Kilwardby's successor in the archiepiscopal see of Canterbury, John Peckham, like him a graduate of Oxford and of Paris, summoned the Masters to appear at his visitation, and in their presence solemnly ratified Kilwardby's condemnatory decrees, and promulgated certain new articles directed against the doctrine of Friar Peter John Olivi.^ The Prior of the Dominican convent at Oxford opposed him openly, and the rest of the inmates declared with one ' Wilkins's Concilia, vol. ii. pp. \ " Collectanea, (Oxford Historical 526 528. Society) vol. i. pp. 18 25. ^ Rymer, vol. iv. pp. 189 191. ^ D'Argentre, Collcctio Jitdici- '^ Ibid. pp. ZTji 3S5) 411 413; wv/'w, vol. i. p. 185. University Archives, Box I, No. ' * Annales Monastici, (ed. Luard) II. (Twyne MS. vol vii. f. 396.) vol. iv. pp. 297 299. K I30 INTERNAL DISSENSIONS. voice that they would defend the opinions of their Friar Thomas against all men living.^ In 1285, when the Archbishop and his suffragans passed a censure on the teaching of a Dominican friar named Knapwell, the Provincial of the order in England denied their authority and appealed to the Pope.^ In the following year, the Chancellor of the University con- curred with a number of prelates and divines in condemning certain scholastic doctrines, and in 13 14 the Faculty of Theo- logy at Oxford reprobated some erroneous views then current as to the nature of the Holy Trinity.3 Edward II. seems to have been somewhat ashamed of the quarrels of the Oxonians, for in 1322 he issued a writ forbidding Dr. John Luttrell, who had lately been ejected from the office of Chancellor, to go abroad or to publish scandalous accounts of the dis- pute that had arisen between himself and the Masters and Scholars of Oxford. + The point at issue is not specified, but it was of so serious a nature, that the Chapter of Lincoln wrote to warn the Archbishop that it was likely to lead to a general schism. 5 Sharp words were not the only weapons used by the scholars in their disputes. The Northerners and the Irish came to blows in 1273, and several of the latter were killed.'^ Many of the leading members of the University went away in alarm, and Edward I. took their departure so much to heart that he ordered them to return at once, and threatened to visit with his grave displeasure any who should venture ' Wilkins's Concilia, vol. ii. pp. 107, 108, 1 10, 112. - Ibid. p. 120. 3 Ibid. pp. 123 124; Mun. Acad. Fasti, p. 19. In point of fact he was one of the champions of the University against the Dominicans. It may have been in consequence pp. 100 102. ' of the controversy with Luttrell * Close Roll, 16 Edw. II. m. 29/;. that the University in 1322 passed 5 Lord Harlech's MS. Letter- a statute limiting the duration of book of Richard of P)ury, f 155. the Chancellor's tenure of office to Wood states, somewhat inconsist- two years. Mini. Acad. p. 106. ently, that Luttrell was a Dominican '^ Knyghton, in Twysden's Scrip- friar and a Canon of Salisbur\-. tores Decent, c. 24.60. NORTHERNERS AND SOUTHERNERS. 131 to exercise their own free will in the matter. Some of the bishops, moreover, issued a notice earnestly exhorting the Oxford clerks in their respective dioceses to repair to the schools, "not armed for fight, but rather prepared for study." ' In thenextyear,however, there was a deadly encounter between two hostile parties, and four of the clerks concerned in it were committed to the Tower of London. '^ A few weeks later, the Northerners and Southerners appointed certain ecclesiastical dignitaries to effect a reconciliation between them, to be accompanied by a mutual restitution of plunder, and by stringent precautions against the recurrence of similar out- breaks in the future. Every member of the University was also required to swear solemnly that he would not carry arms, or join any conspiracy for disturbing the peace.^ In 1313 it was again found necessary to prohibit seditious gatherings and leagues for the espousal of private quarrels. The Scholars were reminded that they all belonged to one nation, and that such party divisions were most injurious to the community at large. "^ The spirit of faction, however, ran too high to be thus stamped out, and, after at least three other fatal frays between Northerners and Southerners, the University was in 1320 constrained to recognise the existence of two nation- alities within its own body, in a decree that one of the three guardians of the Rothbury Chest should always be a Northerner and another a Southerner.^ Quarrels of another kind broke out from time to time, and in Lent 1327, the students rose in rebellion against their masters, on account of some new statutes for the preservation of the peace. After several persons had been killed and wounded on both sides, victory declared for the younger combatants, and they secured the election of a Chancellor ' Wilkins's C'(rz7/rt', vol.ii. p. 25. i '' Mun. Acad. -p- 92. - Karleian MS. 6702, f. \o2,b. ' ^ Twyne MS. vol. xxiii. ff. 154, "^ University Archives, Box I, 1 55, vol. iv. f. 145 ; Muu. Acad. p. No. 12 (Twyne MS. vol. v. f, 103. The West-country men always 65). aided with the Southerners. 1 32 LA WLESSNESS. and two Proctors, who were thought to be favourable to their views.' The University was for a time nearly deserted, but in the autumn of the same year several statutes were passed for the repression and punishment of turbulent persons.^ The young Oxonians were indeed ever giving fresh proofs of their lawless instincts, at one time by fighting with the King's foresters, at another by rescuing prisoners from gaol, at a third by provoking a riot in the streets of Eynsham, and yet again by taking part in an attack on the Abbey of Abingdon. 3 No feeling of reverence deterred them from defiling by bloodshed the church and churchyard of St. Mary the Virgin.'^ Some of them were wont to spend their nights at eating-houses and taverns, regardless of any rules to the contrary, and it was deemed necessary in 1305 to invoke the aid of Parliament to put a stop to such irregular practices. 5 The Chancellor's threats of excommunication produced little effect on disorderly clerks, who well knew that if they made their escape from Oxford they could set his authority at defiance. A provincial council held at Reading in 1279 had indeed ordained that the different bishops should punish any runaways from Oxford who should seek shelter in their respective dioceses, but it was no easy matter to carry out the decree efficiently.'' ' Twyne ^IS. vol. x\ii. f. 366; Chronicles of Edw. I. and IL, (cd. Stubbs) p. 332. Cf. J. Sp7'otti Clironica^ (ed. Hcarnc) p. ']']. The fij;ht took place on the 3rd nones of for the statute there printed belongs really to the year 1346. See Cotton MS. Claudius, D. VIII. f. 7. "" Man. Acad. pp. 119, 122 125. ' Annah's Monastici, (ed. Luard) April, which fell on the Friday vol. iii. p. 286 ; Bishop Sutton's before Palm Sunday. The date ' Register, f. 253 (Twyne MS. vol. must, therefore, be either 1327, 1338, ii. f i ) ; Chronicles of Ediu. I. and or 1349. Cf. Bond's Handbook for II., p. 332 ; Wood's Annals, vol. i. I'crifyin.cr Dates. Wood gives the pp.412 418. (1 itc as 1347. Annals, vol. i. p. z]42. * Rymer's Ea'dera,\o\. iv. p. 454. The Chancellor and Broctors v/ho = Rotuli Parliainentornni^ vol. i. were deposed, were not those whose p. 163. names occur in Miinimoita Acadc- ^ Mun. Acad. pp. 3941, 124 ; mica, }). 118, under the year 1326, Wilkins's Concilia, vol. ii. p. 214. PROHIBITION OF JOUSTS. 133 In addition to the ordinary local causes of disturbance, the peace of the University was from time to time jeopardised by the advent of feudal lords with great retinues of armed men; and, in the years 1305 and 1309, the King found it necessary to forbid the holding of any jousts or tournaments in the neighbourhood of Oxford or Cambridge.^ " Many sad casualties," says Fuller, in his quaint style, " were caused by these meetings, though ordered with the best caution. Arms and legs were often broken as well as spears. JNIuch lewd people waited on these assemblies, light housewives as well as light horsemen repaired thereunto. Yea, such was the clashing of swords, the rattling of arms, the sounding of trumpets, the neighing of horses, the shouting of men all daytime, with the roaring of riotous revellers all the night, that the scholars' studies were disturbed, safety endangered, lodging straitened, charges enlarged, all provisions being unconscionably enhanced. In a word, so many war-horses were brought hither, that Pegasus was himself likely to be shut out; for where Mars keeps his terms there the Muses may even make their vacation."^ The disturbed state of the country in the reign of Edward II. was not without its influence on the University. In June 1312, the Earl of Pembroke came to Oxford, and called together the clerks and the townsmen, to complain of the arrest and detention of Piers Gavcston by the other associated barons, and to justify his own conduct. Inasmuch, however, as there was reason to suspect his sincerity, the Oxonians wisely refused to meddle in a matter which did not concern them. A few days later the headless corpse of Gaveston was brought to Oxford, and deposited in the convent of the Dominican friars. 3 In 13 18, a handsome young man, named John of Powderham, who had been educated in the schools of ' Rymer's /^i2'('/,i'rrt, vol. ii. p. 975 : ^ Clinviiclcs of Edw. I. and If., Close Roll, 34 Edw. I. m. 21. (ed. Stubbs) vol. i. pp. 207, 271 ; vol. '^ History of Cambridge. ii. pp. 44, 178, 180, 209. 134 POLITICAL DISTURBANCES. Oxford, took up his abode in the King's Hall, with a dog and a cat, pretending himself to be the eldest son of Edward I., and consequently the rightful owner. He was arrested by the Chancellor and the Bailiffs, and after being confined for a while in Bocardo, the prison adjoining the North Gate, he was in due course executed at Northampton.' Four years later the King, under pretence of providing for the security of the clerks, ordered the Chancellor and the Sheriff to exact an oath from all persons staying at Oxford that they would show themselves loyal subjects, and defend the town if neces- sary.^ In 1326 he sent to the Chancellor a statement of his grievances against the King of France, and against his own wife and son, and he subsequently enjoined the Chancellor to close Smith Gate, which was then under his custody, against Roger de Mortimer, the leader of the Barons' army.3 It does not appear which side the University espoused, but before many weeks were over, the Queen took possession of the town, while the King was flying before his enemies, Adam Orlton, Bishop of Hereford, there delivered a notable sermon before the University, defending the policy of the Queen, and advocating extreme measures against her ill- starred husband. There were grave troubles at Oxford in 1334. The Northerners fought against the Southerners, and the Chancellor arrested so many rioters that the Castle was filled to over- flowing, and the Sheriff protested that he could not be answerable for the safe custody of all the prisoners.^ Many of the more studious clerks, chiefly Northerners, resolved to quit Oxford for ever, and betook themselves to Stamford, ' Chrojiicon de La)tcrcost, (ed. I ' Close Roll, 20 Edw. II. mm, Stevenson) p. 236; Cliroiiclcs of j 6, 10. luiward I. and //., (ed. Stubbs) 1 * Walsingham, Ilistoria Aiie^U- vol. i. p. 282 ; vol. ii. pp. 55, i CMia, vol. i. p. iSi ; CJiroiiicIcs of 234 : Twyne MS. vol. xxiv. ff. 13, j Edw. I. and II., vol. ii. p. 310. 245. T Rofnli Parlia/iiailo!!!!!!. \o\. \i. Close Roll, 15 I'.dw. II. m. 20. p. 76. SECESSION TO STAMFORD. 135 where there were already some flourishing schools,' In the same year, a violent contention arose at Oxford between the clerks and their servants. This time the Chancellor and the Proctors were very remiss in punishing the offenders, and Edward III. was informed that there was reason to fear a total dissolution of the University. The Chancellor and the Mayor were therefore summoned to appear at Westminster, and the Lord Chancellor, Richard of Bury, Bishop of Durham, and two other prelates, were sent to Oxford to enquire into the case.^ In the meanwhile the King took steps to recall the clerks who had migrated to Stamford, and he ordered the Sheriffs of Lincoln and Oxford to forbid the performance of any scholastic exercises in that town, or elsewhere beyond the precincts of the existing universities.3 The clerks replied, with considerable show of reason, that they had left Oxford on account of the disturb- ances which occurred there very frequently, that they merely desired to pursue their studies in quiet and peace, and that their right to stay at Stamford was as good as that of members of any other profession/ The King was not to be turned from his purpose by arguments, and the Sheriff of Lincoln was again sent to inform the headstrong clerks that if they persisted in their disobedience they would forfeit all their goods, and specially their much-prized books. This second warning was equally disregarded ; seventeen Masters, six Bachelors, and certain other students, continued to attend the schools at Stamford, and it was not until five months later that they were compelled to disperse.^ A trace of the sojourn of the Oxford scholars at Stamford ' Knyghton, in Twysden's Scrip- I vol. iv. p. 622 , Ayliffe's University tores Deceffii c. 2565 ; Royal MS. I '." r;itcnt Roll, 2 Edw. III. the Hospital see Dugdale'si^/cw^M'- /icoii, vol. vii. p. 642, and P7-oci'cd- ings of /lie Oxford ArcJutcctin-al Society, New Series, vol. ii. pp. ]). I, in. 28. For the history of , 178 1S4. QUEEN'S COLLEGE. 147 Oxford were so foul that the King was amply justified in commending the air of Cowley Marsh as " purer." Sixteen years after the first foundation of Oriel College by Adam de Brome, another clerk attached to the English Court established a very similar institution. In January, 1340, Robert de Eglesfield, chaplain to Queen Philippa, the wife of Edward III., obtained royal licence to found "a collegiate hall " for scholars, chaplains and others, under the name of " the Queen's Hall of Oxford." The site selected for it was in the parish of St. Peter in the East, a little to the north of the High Street, about mid-way between the East Gate of the town and the church of St. Mary the Virgin, Inspired doubtless by the example of Adam de Brome, and in avowed hope of future assistance, the founder resolved to place his college under royal protection, and accordingly gave the patronage of it to Queen Philippa and all subsequent Queens-Consort of England. It was by the Queen's special permission that he was allowed to issue some elaborate statutes for the government of the College, in March, 1340.' Unlike the statutes of Adam de Brome for Oriel College, the statutes of Robert de Eglesfield bear no direct trace of the influence of Walter de Merton ; in substance and in form alike they are wholly original. An ecclesiastical tone per- vades them throughout, and several of their enactments have a symbolical meaning. In founding Queen's Hall, Robert de Eglesfield had four objects in view the main- tenance of a Provost and twelve at least students of theology or canon law, the careful performance of certain religious services, the elementary education of a number of indigent boys, and the regular distribution of alms among the poor of Oxford. Of these the first two were evidently the most important in his eyes, the greater part of the statutes being devoted to them. The Provost, the head of the whole body, was to be elected ' Statutes of the CoZ/eges of Oxford^ vol. i. L 2 148 QUEEN'S COLLEGE. by a majority of the Fellows, and to be presented for con- firmation to the Archbishop of York, in whose province were situated the church of Brough-undcr-Stainmore and the manor of Ravcnwyk, which formed part of the endowment of the College. He was to be free to live wherever he pleased within easy reach of the College, and to hold any benefice which did not require continual residence. His income was fixed on a sliding scale, varying according to the number of Fellows in the College, the maximum amount being fixed at forty pounds a year. The Fellows, or Scholars, originally corresponding in num- ber to the Apostles, were to be poor men who had graduated in Arts, and who desired to proceed with the study of theology or, in some cases, of canon law.' A preference was to be shown to the founder's kin, and to natives of the counties of Cumberland and Westmoreland, and secondly to natives of places where the College held property, but otherwise the choice of the Fellows was to be unfet- tered, foreigners being expressly declared eligible. Can- didates from other colleges in Oxford, were not to be rejected, the founder having himself nominated a former Scholar of Stapeldon Hall to be one of the twelve original Fellows. Those Fellows who were not priests at the time of their admission were required to take priest's orders within a given time. Fellowships were to be tenable for life, on condition that the students of theology should in- cept, or take their full degree, within eighteen years, and the students of law within thirteen years. Any P'ellow who should obtain an independent income, civil or ecclesiastical, of ten marks a year, was to be forthwith ejected from the society. A disputation on theology was to be held once a ' It has been already remarked (p. 77) that in the statutes of Mcr- ton College the term Fellow is only nexiou of the Scholars with one another. In the statutes of Queen's Hall it is used in its technical used relatively to show the con- , sense. THE FELLOWS. 149 week under the presidency of the Provost. The allowance to each Fellow was to be ten marks a year, or rather so much of that sum as should remain over after the deduction of two shillings a week for his commons. The cost of the commons was not necessarily to be more than eighteenpence a week for each Fellow, the difference between the amount actually expended on food under the Provost's direction and the two shillings allowed on that score, being devoted to charitable purposes. Even on the lowest scale, the fare at Queen's Hall was intended to be more abundant than that at any other college at Oxford. On the other hand, the Fellows were strictly forbidden to indulge in costly break- fasts, in "second suppers," in drinking bouts, or the like. No " inception feasts " were to be held in the College, save at the inception of any of the actual Fellows. Individual Fellows were not to keep servants or other dependents in the College, or to have private oratories. Those only of them who had attained high academical rank were to have separate bed-chambers or separate studies. The use of musical instruments was forbidden, except at times of com- mon recreation, and the practice of archery was wholly proscribed. Hounds and hawks were to be rigorously excluded from the College, on the score that it did not become persons mainly subsisting on alms to give the bread of man to dogs. Notwithstanding the age of the Fellows, and their clerical character, the founder thought it necessary to warn them against gambling at dice, chess, or other games, and against frequenting taverns and houses of ill fame. One of the P^ellows was to serve as treasurer and another as chamberlain, with duties analogous to those of the bursars at Merton College and at Oriel College. Independently of the priest-Fellows, there were to be at Queen's Hall certain hired chaplains, removable at the pleasure of the Provost and Fellows. The chief of them was to be styled dean of the chapel, two others were to I50 QUEEN'S COLLEGE. serve as precentors, a fourth as sacristan, a fifth as reader in hall, a sixth as almoner, and a seventh as clerk of the treasury. The total number of chaplains was, however, limited to thirteen, lest it should exceed that of the members of the governing body. Each of the chaplains was to re- ceive commons to the value of a shilling a week, and a yearly allowance of twenty-eight shillings wherewith to buy clothes. The statutes give precise orders about the daily celebration of five masses, about the observance of the canonical hours by the chaplains, about the commemora- tion of benefactors, and about various details connected with the performance of divine service. Several passages in them show that the founder hoped to obtain for the College the advowson of a parochial church in Oxford, in order that an appropriation might be effected, like that by which the church of St. John the Baptist was united to Merton College, or that by which the church of St. Mary the Virgin was united to Oriel College. The chancel of the neighbouring church of St. Peter in the East, for ex- ample, might have been made to serve as the chapel of Queen's College; but, failing the appropriation of that or any other church in the town, Robert de Eglesfield resolved that a chapel should be built within the precincts of the College, and called the Chapel of All Saints. The chaplains were to be assisted in their ministrations by two clerks skilled in plain chant, who were also to act as teachers of music to the poor boys maintained in the College. These poor boys were to be elected in the same manner as the Fellows, a preference being again reserved for the founder's kin and for natives of places where the College held property. They were to serve as choristers in the chapel, and to attend masses and hours on Sundays and on other festivals on which they would not be required to go to school. The }'ounger boys were to study grammar under a grammar-niastcr, and the elder bo}S logic or philosophy QUEEN'S COLLEGE. 151 under a teacher belonging to the Faculty of Arts. The poor boys were to vacate their places at the end of the fourth term after their " determination " as Bachelors of Arts, or at latest within eight years of their admission to the College. Those of them who afterwards proceeded to the degree of Master of Arts were to be regarded as specially eligible for Fellowships. The poor boys and their four teachers were to receive weekly commons in hall at the rate of eight- pence apiece, the former receiving also some further dole from the almoner, and the latter a small fixed salary. The chief officers of the College were to be a " spenser," a cook, a baker, a brewer, a barber and porter, a gardener, a watchman, and a laundress, some of whom were to have scullions to assist them in their work. The younger Fellows were to undertake the office of steward of the hall for a week each in turn. Two of the founder's directions with regard to the discipline in hall are observed to this day. The students are still summoned to dinner by the sound of a trumpet, and the Fellows still sit on one side of the high table with their chief in the centre, like Christ and the twelve Apostles in old pictures of the Last Supper.^ In 1340, the Fellows were required to wear mantles of crimson cloth, symbolical of the Saviour's blood, those of the Doctors of Theology or of Canon Law being furred with black budge. The chaplains were to be clothed in white, and the poor boys and their masters sitting at a side table were also to wear a distinctive dress. At the beginning of every meal, the Fellows were to " oppose," or examine, the poor boys, so as to ascertain whether they were making good progress in their studies. A chaplain was then to read aloud a portion of Holy Scripture, and no conversation was to be permitted save in Latin or in French.'' ' Stanley's JA7//(5;7W A- (t/" C'(?;//r;'- < until the beginning of the present />//rj',Y>p. 133, 185. century. When the late Provost -' A trace of this custom remained Jackson was an undergraduate. 152 QUEEN'S COLLEGE. Thirteen paupers of cither sex, blind, deaf, dumb, or maimed, attired in crimson mantles, were to be brought into the hall daily, to receive their dole of bread, beer, soup and meat, or fish, at the discretion of the almoner. Half a bushel of soup, made of peas or beans mixed with oatmeal, was also to be distributed daily at the gate of the College. On Maunday Thursday thirteen poor persons were to be regaled in the hall and presented with clothes, after the ceremonial washing of their feet. At the end of each of the three academical terms, or oftener if necessary, the Provost and Fellows were to hold a solemn meeting, after the manner of a scrutiny at Merton College, or of a chapter at Oriel College, for the purpose of enquiring into the conduct of the different inmates of the College, from the Fellows downwards. Any dispute that might arise between the Provost and the majority of the Fellows was to be referred to the arbitration of the Archbishop of York. Robert de Eglesfield appears to have spent the closing years of his life in watching the progress of his collegiate foundation, and the earliest of its coviputi, or accounts, shows that he took commons in hall with the Fellows, and " battels " in his private chamber.' He died in May, 1349, but the place of his burial is unknown, and his supposed (t^^Y on a brass plate at Queen's College proves to be the Q-^gY o^ ^ later benefactor, Dr. Robert Langton.^ The one genuine relic of his time that the society still possesses is a loving-cup formed of a buffalo horn encircled by bands of silver-gilt, and resting on feet fashioned like birds' claws. the porter used to take a Greek aloud, dinner began. Testament to the senior Fellow in ' Ingram.' s Meinofi'a Is 0/ Ox/on/, hall directly after grace. The Queen's College, p. 3 ; Second P'ellow opened it, pointed to a | Report of the Historieal MSS. verse, and said '^ Legal,'' adding \ Coi)i;iiissio)t,Tp. i^c). the name of one of the Scholars, ' " Skelton's Pietas Oxoniensis, ]>. to whom the book was then taken. ' 26 ; Haines's AFaniial of Momi- Whcn tlie verse had been read mental Brasses, pp. Ixii. cwxii. ENLARGEMENT OF COLLEGES. 153 The word " wacceyl," which is engraved on it ten times, sufficiently explains the use to which it was put.' Each of the three Colleges founded at Oxford in the second half of the thirteenth century underwent some change of constitution or of material form in the first half of the fourteenth. At Merton Hall the fabric made considerable progress. The old vestry is known to have been built in 1310, and the beautiful Decorated windows of the choir cannot be earlier by many years, although a high altar was dedicated as far back as 1277. The stained glass in them was the gift of Henry Mansfield, who was Chancellor of the University in 131 1. The muniment-room and the chambers on the eastern side of the small quadrangle seem also to belong to the same period, while the date of the south- ern and western sides may be placed about fifty years later.^ In 1311, the small body of theological students supported by the fund of William of Durham, received some new statutes, which have already been noticed ; and about the year 1343 they seem to have removed from their original dwelling in School Street to larger premises on the southern side of the High Street, almost opposite to the houses adjoining the new College of Queen's Hall. They con- tinued to be described formally as " the Scholars of Master William of Durham/' but they came to be more generally known as " the Master and Scholars of the Great Hall of the University," or " the Master and Fellows of Micklc University Hall." ^ The fabric of Balliol Hall was considerably enlarged during the reigns of Edward H. and Edward HI. In 1309 ' There are engravings of it in \ vol. ii. pp. 272 277 ; Brodrick's Skelton's Oxonia Aniiqiia, and in Memorials of Merion College, pp. Cripps's College ai:d Corporation 13 16. Plate, p. 26. 3 Smith's Annals of University '' ArcJiccological foKrnal, vol. ii. College, pp. 57-62 ; L^ondon Gazette, p. 142 ; Proceedings of the Oxford \ No. 25,000. Architectural Society, New Series, ' 154 BALLIOL COLLEGE. or 1 3 10, the Scholars acquired the site of the eastern part of the present edifice, bounded on the south by Horsemonger Street, and on the east by Durham College.' In 1343, they acquired the building known as St, Margaret's Hall, which was situated between Old Balliol Hall on the west and New Balliol Hall on the east.- About the year 1310, Hugh de Vienne, Canon of St. Martin's le Grand, bequeathed to them fifty marks towards the erection of a chapel in memory of him, and in 1327 Nicholas de Quappelode, Abbot of Reading, gave theni a glass window worth ten pounds, some timber and other building materials, and more than twenty- six pounds in money, towards the completion of this building, which, it seems, was dedicated to St. Catharine. 3 A con- troversy as to the studies that should be pursued in the College was settled in 1325 by a decision of the two Extraneous Masters, that no Fellow of Balliol might lawfully devote himself to any branch of learning which was not reckoned among the seven liberal arts. 4 Fifteen years later, Sir Philip de Somerville, lord of Wichnore, endowed the College with the church of Mickle- benton and other property, and issued some new statutes for its government.5 These statutes professed to be merely supplementary to certain '"' ancient ordinances," and the changes avowedly introduced by them were not many. The number of Fellows, or Scholars, was increased from sixteen to twenty-two, a special chaplain was provided to say prayers for Sir Philip de Somerville and his relations, and the weekly commons of every P'cllow were raised to Savage's Balliofcrgus, p. 29. ; ncous Masters who gave this de- * Fouiili Report of the Uislorical \ cision was a Doctor, and the other MSS. Coininissio)!^ p. 447. ; a Bachelor, of Divinity. Richard 3 Rcgistriiiii Palatiniiiii Duiicl- | Fitz-Ralph, afterwards well known Diciisc, (cd. Hardy) vol. iv. p. 112 ; as AnJiacJiamis from the name of Fourtli Report of the Historical his see, is nientioned in the deed as MSS. Cojinaissio/i, p. 443. having been formerly a P^ello.v of ' //'/(/. J). 442. It is worthy of the House of Balliol. remark tliat one of the Extra- ' ^ Statutes of t/ie Ci'Iteges, vol. i. STATUTES OF 1340. 155 elevenpence, with a proviso that they might further be raised to fifteenpence in times of dearth. A more important innovation was made by a rule that six of the Fellows, having completed their course in arts should apply them- selves to the study of theology, and incept in that faculty within thirteen years. It is not clear whether the statutes of 1340 changed the constitution of the College, or merely confirmed changes that had been made since the issue of the statutes of 1282. At any rate, it is worthy of remark that whereas in 1282 all real power lay in the hands of the two proctors of the Lady Dervorguilla, the College in 1340 enjoyed the right of self-government. The two Extraneous Masters were indeed authorised by Sir Philip de Somerville to receive the oaths of the chief officer of the society and of the six students of theology, and under some circumstances to eject the former, but even in the execution of these duties they had associated with them the Chancellor of the University and the Prior or Warden of the Benedictine monks of Durham College. The experiment of intrusting visitorial jurisdiction over a secular college to a Franciscan friar and another extraneous Rector, was tried again, a few years later, at Pembroke College, Cambridge, and, there too, resulted in failure.' Under Sir Philip de Somcrville's statutes, the government of Balliol College was committed to a jMaster, whose rank, duties, and emoluments, were made to correspond more or less with those of the permanent heads of other colleges at Oxford. The office of Principal mentioned in the statutes of 1282 was retained, but the holder of it was placed in subjection to the Master. ' Mullinger's University of Catnbridge, p. 237. JMS^ CHAPTER VI. A.D. 1335 1377- Pre-eminence of the University of Oxford Richard of Bury Durham College Benedictine Students Increasing Power of the Chancellor The great Riot of 1354 Rout of the Clerks Interdict on Oxford Enlargement of Privileges Humiliation of the Townsmen Com- memoration of St. Scholastica's Day Agreement with the Arch- deacon Fresh Struggle with the Bishop of Lincoln Dignity of the Chancellor Robert Stratford Supremacy of the University Law- lessness of the Clerks -Arrogance of the Friars Richard Fitz-Ralph The Great Pestilence Canterbury College Ejectment of John Wyclif Bishop Cobham's Library Scottish Students at Oxford. HE period between the temporary secession to Stamford in 1334 and the outbreak of the Great Pestilence in 1349 must be accounted one of the most prosperous in the annals of the University. The number of students was seemingly as great as ever, and the high reputation of Oxford for scholastic learning was amply maintained by Walter Burley " the Plain Doctor," John Baconthorp "the Resolute Doctor," and Thomas Bradv/ardine " the Profound Doctor," who, according to the chronicler Knyghton, "was famous above all other clerks of Christendom." ' It is almost certain that William Ockham " the Singular Doctor," and Robert Ilolcot, were also educated at the chief university of their native land, and there is some ground for Thomas Fuller's ' '1 wysden's Scripiores Decoii, c. 2600. RICH A RD OF BURY. 1 57 boast that, even if Britain first received her Christianity from Rome, Italy received her school-divinity from England.' Richard of Bury, Bishop of Durham, writing about the year 1 340, mourns over the decadence of the University of Paris, and declares that the chief logicians there were at best imitators of their English contemporaries.^ Of all the prelates of the time, Richard of Bury was the most enthusiastic in his devotion to learning. The tutor and after- wards the trusty adviser of Edward III., the holder of various important offices in Church and State, and the generous lover of the poor, he is chiefly remarkable as a patron of literature. He kept separate collections of books in his different houses, and his bed-room was usually strewn with precious volumes. 3 He had about him a staff of " antiquaries, scribes, book-binders, correctors, illuminators," and the like. IMany of his literary treasures were bought abroad in the course of his embassies to Paris and the Roman Court. ^ In his opinion the true collector should never refuse to buy a book, unless the knavery of the seller seemed to require a check, or unless a more favourable oppor- tunity of buying was likely to occur again. s His opinions on all such points are contained in a quaint Latin treatise entitled Philobiblon. " Books," says this indefatigable collector, "are the masters who teach us without birch and ferule, without harsh words and anger, without exacting clothes and money. If you approach them, they are not asleep ; if in the course of your enquiries you interrogate them, they do not hide them- selves ; they do not grumble if you make mistakes ; they do not laugh if you are ignorant." ^ After bewailing the illiterate tastes of the clergy of his own day, the author makes the books pour out their own com- plaint : "We are forcibly ejected from the houses of the ' C]ni7-c]i Histury,hoo\L\\\. ^\\\. Diinehnoisis Script07-cs Trcs,^.\lo. c. 1 5. i " Philobiblon, cap. viii, - Pliilobiblon, cap. ix. | = Ibid. cap. iii. ' W. de Chambre, in Hisioiice \ ^ Ibid. cap. i. I s 8 RICH A RD OF B UR V. clerks, which should belong to us by hereditary right. We had formerly quiet cells in some inner chamber, but, oh shame ! in these wicked times we are altogether banished and suffer disgrace out of doors. For our places are occupied sometimes by hounds and hawks, sometimes by a biped beast woman to wit whose cohabitation was of old avoided by the clerks, from whom we have always taught our pupils to fly more even than from the asp and the basilisk. Therefore this beast, ever jealous of our studies and ever implacable, spying us at length in a corner, protected only by the web of some defunct spider, draws her forehead into wrinkles, abuses us in virulent lan- guage, and laughs us to scorn. She also points out that of all the furniture in the house we only are kept unemployed, and complains that we are useless for any purpose of domestic economy, and advises that we should forthwith be bartered away for costly head-dresses, cambric, silk, and twice-dipped purple clothes, variegated furs, wool, and linen." ' The good Bishop thought that at Oxford at least his books would be rightly valued, and he accordingly sent them to the house of the Prior and Convent of Durham on Canditch, in the north suburb of Oxford. The regulations drawn up for the due management of his library are believed to have been based on those of the Sorbonne at Paris, the town which he in one place describes as " the Paradise of the World." ^ Five of the Benedictine students were to be appointed librarians by the head of the house, and all the inmates were to have the right of borrowing books for perusal in their own cells. But it was also ordained in a very liberal spirit, that other resident members of the University, secular as well as regular, should be allowed to borrow duplicate volumes from the library, on condition that they should deposit a sufficient sum of money by way of security, and swear faithfully that they would not transcribe them. 3 ' Pliilobihlou^ cap. \\. \ Littcraire dc la France. ' Jbid. CA\).\\\\.;'Lcc\crc, Hisloire i ^ Pliiiolnblo/i, c^\-). ix. DURHAM COLLEGE. 159 It was Richard of Bury's intention to convert the colony of Durham students at Oxford into a body corporate, consisting of a Prior and twelve brethren, and, in gratitude for the signal defeat of the Scots at Halidon Hill, Edward III. took the proposed College under his special protection in 1338.^ Richard of Bury seems to have provided funds for the main- tenance of eight monks and seven young students of arts, but he died in 1345, leaving the scheme incomplete.^ His suc- cessor, Thomas of Hatfield, resolved that the establishment should be half monastic and half secular, and accordingly raised the number of art-students to eight, so that it should correspond with the number of regular Benedictines. He directed that the secular students, who were all to be natives of the diocese of Durham, should occupy a separate part of the building, that in the refectory they should sit at a second table with the clerks and servants, and that they should recei\'e two tunics and two hoods apiece every year. If well behaved, they were to be allowed to retain their places for seven years ; if found guilty of loose conduct or insubordi- nation, they were to be chastised or even expelled by the Warden, who was to be the chief, not only of the monastic sec- tion but of the whole College. This scheme, however, was not thoroughly carried out until after the death of Bishop Hatfield.^ The chiefs of the Benedictine Order certainly did their best to encourage learning. Grammar, logic, and philosophy, were taught in all the larger monasteries, and at least one monk out of every twenty was sent to the University to study theology or canon law. A chapter-general held at Northampton in 1343 assigned a salary often pounds a year to the monk lec- turing on divinity at Gloucester College, and twelve years later another chapter-general established a chair of divinity at Durham College with a similar endowment. The teachers ' Wilkins's Concilia, vol. ii. p. ' p. 138. 613. : ' Wilkins, vol. ii. pp. 614 619. - Hist. Ditnchii. Scriptorcs Tres, i6o BENEDICTINE STUDENTS. of canon law in both these houses were also well paid for their labours. Some of the Benedictine students held a disputation on theology, and another on philosophy, every week, and those of their number who did not aspire to a degree in Theology, delivered frequent sermons in Latin and in English, so as to exercise themselves in the art of preaching. The inmates of Gloucester College and of Durham College were by no means isolated from the rest of the University, for though they might not receive absolution or the Eucharist from monks of any other order, and although they incepted under Masters of their own profession, they mixed freely with secular students at the ordinary lectures and disputations in School Street. The feasts which they gave at the time of inception rivalled those given by the Augustinian canons, and far sur- passed those given by the austere Cistercians.^ In 1 33 1, the monks of Christ Church, Canterbury, had a house at Oxford close to the church of St. Peter in the East, on or near the site now occupied by St. Edmund's Hall. The rent paid for it was six marks a year, and, although it held only three students, it had a small oratory in which they performed divine service, by virtue of a licence from the Bishop of Lincoln. Small as was this society, its members could not live together in harmony, and there is reason to believe that they were, in 1341, transferred to Gloucester College, the common establishment of their order, in the northern suburb of Oxford.^ Canterbury College, which may fairly be reckoned ' Gesta Abbaticni S. Albani, (ed. Riley) vol. ii. pp. 459 464. The expenses of a Benedictine or Augustinian inceptor were limited by Benedict XII. to 2000 Gros Tonrnois, and those of a Cistercian inceptor to half that amount. BullariiDii Roinaiuiiii, vol. i. pp. 216, 226, 245. Clement V. had already limited the expenses of a secular inceptor to 3000 G70S ToH>-nois, a sum which was con- sidered equivalent to 41/. 13^-. ^.d. of English money. Cambridge Documents, vol. i. p. 379. "" Canterbury Letters, (ed, Shep- pard) pp. XV. xvi.; Ninth Report of the Historical MSS. Commission, \. pp. 78, 79. PRIVILEGES. i6i as another Benedictine house, was not founded until twenty years later. During the long reign of Edward III., the University ac- quired several new privileges, the rights of the townsmen being curtailed in a corresponding degree. In 1336, an order was made that in the absence of the King, the four aldermen of Oxford and their eight associates, and the two men elected from each parish for the preservation of the peace, should take their oaths before the Chancellor of the University or his deputy.^ This was accompanied by a decree that every householder should be held responsible for the proceedings of ail members of his family in selling wine or food to scholars, and by another that the townsmen should no longer prevent wholesale dealers from selling short lengths of cloth and linen to the scholars at the wholesale price. Two years later, the Chancellor received authority to hold the assize of bread and ale alone, if the Mayor did not come when duly summoned for the purpose, and a similar right would have been asserted with regard to the assize of weights and measures, if the municipal authorities had not hastened to make a compromise with the University on the subject.^ Regardless of the pro- tests of the townsmen, who were quite satisfied with their ancient shambles, the clerks in 1339 obtained a royal decree that no large beasts should thenceforward be slaughtered within the walls of Oxford. 3 They also caused the townsmen to be reproved on several occasions for the filthy condition of the streets and pavements. 1 The continual bickering that went on about such matters as these showed clearly enough that the old animosity between the two parties was as keen as ever. The clerks regarded the town as existing for their ' Regis/nan Privilcgiorttm. \ * Close Roll. 10 Edw. III. m. " Patent Roll, 12 Edw. III. p. 3, I 36^; Patent Roll, 12 Edw. III. p. 3. m. I (Hare MS. f. 80^); Mnn. \ m. 6 ; Patent Roll, 13 Edw. III. p. Acad. pp. 159167. 2, m. 10 (Hare MS. '^. 69, '85). AylitTe, vol. ii. pp. xlii xl M 1 62 THE GREAT RIOT OF 1354. service and convenience only ; the natives regarded the University as a colony of aggressive strangers planted in the midst of them. The former were constantly striving to enlarge the domain of their peculiar rights ; the latter were doggedly resolved to maintain the ancient liberties of the town. Such was the state of affairs when, on the feast of St. Schol- astica in 1354, there began the most bloody conflict that has ever taken place between the clerks and the laymen of Oxford. Like the riot which led to the dispersion of the University of Paris in 1229, this great conflict had its immediate origin in a vulgar brawl. A company of scholars who had been drinking at the Swyndlestock, a tavern near Carfax, after their midday dinner on the loth of February, brought their carouse to an end by flinging some of the wine into the landlord's face and cutting his head open with a quart pot. What happened next is not so clear, for each party after- wards accused the other of having been the first to take up arms. This much, however, is certain, that John de Bereford, the INIayor, caused the common bell of St. Martin's Church to be rung to summon the townsmen to battle. After making a vain attempt to check the impending riot, Humphrey de Charlton, the Chancellor of the University, rallied the clerks together by the sound of the great bell of St. Mary's Church. The fray began at once, but, the days being short at that time of the year, it was soon stopped by the darkness that enveloped the town at nightfall. It is very doubtful whether any one was killed or seriously injured that day on either side. The following morning, the Mayor and some of the chief townsmen rode to Woodstock, to lay their grievances before the King in person. The Chan- cellor, on the other hand, convoked the clerks at St. Mary's, and both there and at Carfax, made public proclamation that nobody should carry arms of offence or in any way disturb the peace. Lectures were given as usual, and, although a Doctor of Divinity and some of his pupils were forcibly THE GREAT RIOT OF 1354. 163 driven away from the Augustinian convent outside Smith Gate, it seemed for a time as if the angry feeh'ngs of the previous day had subsided. Such, however, was by no means the case. From an early hour the townsmen made secret preparations for renewing the fray on a larger scale. Every one who longed for an opportunity of avenging himself on the insolent clerks furbished up his shield and tested the string of his bow. Messengers were sent into the suburbs and into the neighbour- ing country to seek for assistance, and no pains were spared to ensure complete success. The onslaught began in the northern suburb. Eighty armed men assembled at St. Giles's Church about dinner time, and sallying forth fell upon some scholars who were disporting themselves in the fields of Beaumont. Taking aim at a short distance, they shot their arrows with such precision that they killed one clerk on the spot, and inflicted mortal wounds on several others. Nor did they desist until the affrighted clerks had sought refuge within the town, or at least within the lofty walls of the Augustinian convent, which stood on the site now occupied by Wadham College. Nothing could now avert a general encounter. The tolling of the town bell at St. Martin's was answered by that of the Univer- sity bell at St. Mar}''s. Both parties flew to arms. The clerks barred the gates of the town, and for some time de- fended themselves valiantly in the narrow streets and alleys. At vesper-tide, however, some new combatants appeared on the scene. A body of rustics, vaguely estimated at two thousand in number, forced the West Gate and poured into the town, headed by a black banner of dire import, and shouting, " Slay, slay ! " " Havock, havock ! " " Smite fast ! " " Give good knocks I " Sudden terror fell upon the clerks, and they fled for refuge to their respective inns, closely pursued by the enemy. When all active resistance on their part was thus at an end, the victorious townsmen proceeded to break open five inns, or halls. They beat and wounded the inmates, poured out their M 2 i64 THE GREAT RIOT OF 1354. wine and beer, trampled their bread and fish under foot, and carried off their books. The sack lasted until dusk, when public proclamation was made in the King's name that no one should injure the scholars or their goods, under pain of forfeiture. The next morning witnessed fresh scenes of violence, for the townsmen were again called together by their common bell soon after sunrise. Fourteen inns were successively attacked and plundered, their sturdy doors being either forced open with iron bars or set on fire. Some scholars were killed, others were grievously wounded, and others again were haled to prison in a pitiable condition. One band of rioters seized some unfortunate chaplains, and in derision of their tonsures flayed the skin off the crowns of their heads. The infuriated mob did not stop short of open sacrilege. When some friars went out carrying the reserved host in procession, and praying the Lord to appease the strife, a clerk named Haryngton fled to them in terror, hoping to find safety in the immediate presence of the blessed sacrament. His pursuers, however, tore him away from the priest who held the pyx, hurried him off to prison, and dashed the crosses of the friars to the ground. This was apparently the culminating point of the riot, for about midday the townsmen desisted from the attack, and retired to their houses. The boldest among them must have begun to realise that they had carried their triumph too far, and that they would surely be called to account for the deeds of violence that they had so savagely committed. The storm of the morning was followed by a strange calm in the afternoon, for the vanquished were preparing to quit Oxford. Six days after the bloodstained festival of St. Scholastica, there were scarcely any clerks left in the town, save such as dwelt within the strong walls of a monastery or college. All lectures were of course suspended, and those Masters who ventured to remain at Oxford, occupied part of their enforced INTERDICT ON OXFORD. 165 leisure in composing Latin verses to record the dire mis- fortunes that had overwhelmed their beloved University. On the 1 6th of February, a Master of Arts was sent to the Bishop of Lincoln with a minute account of the late riot, and of the losses that had been sustained by the clerks. Six members of the University were known to have been killed in the fray, and twenty-one others to have been dangerously wounded, irrespectively of a large number who were reported as missing. The list of victims includes priests and Masters of Arts, as well as younger students and servitors. Many of them were evidently Irish. The Bishop of Lincoln, incensed at the maltreatment of the clerks, and, if possible, even more incensed at the attack on the procession of Grey Friars, proceeded to lay the whole town of Oxford under interdict, so that the innocent and the guilty were alike deprived of the ministrations of the Catholic Church, The King also took the matter in hand, though apparently not before the beginning of March. The clerks were placed under the special protection of the Crown ; commissioners were sent to enquire into the causes of the riot, and the Sheriff of Oxfordshire was summarily dismissed from his office. Two hundred of the townsmen were arrested, and the Mayor, John de Bereford, a man particularly detested by the clerks, was, with several of his associates, committed to the Marshalsea prison.^ When it was clearly perceived at Court that the fatal riot on St. Scholastica's Day was the out- come of a protracted controversy, the Comm^onalty of the town and the University were advised, or required, to surrender their respective privileges into the King's hands. ^ ' Robert of Avesbury, (ed. I 859, ff. 292,^ 294^5; Patent Roll, Hearne) pp. 197 199 ; Leland's i 29 Edw. III. p. i, mm. 6, 13 ; p. 2, Itinerary, vol. vi. pp. 141 146 ; m. 26. Adam of Murimuth, (ed. Hog) i '^ Twyne MS. vol. iv. f. 533 ; p. 184; Twyne MS. vol. ii. f. 5; Cotton MS. Claudius D. VIIL, ff. vol. iv. ff. 76, 571 ; Bodleian MS, 56, 80. Jjt 1 66 CHARTER OF PRIVILEGES. In the case of the University the transaction proved to be a mere form, inasmuch as Edward III. restored all its ancient privileges within four days. The townsmen on the other hand were kept much longer in suspense, while the King and the Archbishop of Canterbury were striving to induce the scholars to return to Oxford.' Humphrey de Charlton, Chancellor of the University, and his brother Lewis, had strong influence at Court, where they were supported by Queen Philippa, by Edward the Black Prince, by the Earl of Stafford, by the Archbishop of York, and by the Bishops of Lincoln and Winchester.^ At their request, the King issued a new charter of privileges to the University in the later part of June. In it he granted a free pardon to all the Masters and scholars, and their servants, who had taken part in the great riot in February, and, after bestowing the highest praise on the University, as the main source and channel of all learning in England, more precious to him than gold or topaz, proceeded to frame several new regulations for the better government of the town of Oxford and its suburbs. He committed absolutely to the Chancellor or his deputy the assay and assize of bread and ale, and of weights and measures, the right of imposing fines on regrators, and vendors of putrid meat and fish, of excommunicating any persons who polluted or obstructed the streets, and of assessing the taxes to be paid by all servants, writers, illuminators, and parchment-sellers, who were subject to his jurisdiction. It was at the same time decreed that thence- forward the Sheriff and the Under-Sheriff of the county should, on taking office, swear to uphold the privileges of the University. 3 Thus did the Mayor and Commonalty of Oxford see their ancient rights once more curtailed, and they were left uncertain as to what further punishment might still ' Patent Roll, 29 EcUv. III. p. 2, ^ Eodlcian MS. 859. ni. 26; Wilkins's C(9677/r?, vol. iii. '< Rcgistiuiii Privilegiorion. p. 3,5- i HUMILIATION OF THE TOWNSMEN. 167 be in store for them. Three weeks later, the King and the Lords of liis Council ordered the townsmen in their corporate capacity to pay 250/. in compensation for property that had been carried off or destroyed during the riot ; but even after that large sum had been paid, the clerks were expressly left free to prosecute their claims against individual offenders. The Mayor and Bailiffs were also ordered to collect all the stolen goods that they could find, and to deliver them to the Chancellor and Proctors.' The list of goods so restored includes books on grammar, law, and medicine, lyres, carpets, ecclesiastical vestments, a great quantity of clothes, and a curious belt said to be made of human skin.^ All the prisoners were released on bail in the middle of July, except John de Bereford, the late Mayor. Finally at the end of that month, the King re-granted to the townsmen all such of their ancient rights as he had not lately transferred to the University.3 The clerks and their special protector, the Bishop of Lincoln, were not to be appeased so soon, and Oxford lay under ecclesiastical interdict for more than two years. It was necessary that the townsmen should undergo fresh humiliation before their offences against Holy Church could be forgiven. A formal reconciliation was at last effected in May 1357, on condition that the Ma}-or, the Bailiffs, and sixty of the most substantial burghers, should annually, on the feast of St. Scholastica, provide and attend a solemn mass in St. Mary's Church for the souls of the clerks who had been killed in the conflict, and offer at least a penny apiece."^ So humili- ating did this condition appear, that it gave rise to a popular belief that the Mayor of Oxford was obliged on the anniversary of the riot to wear round his neck a halter, or at best a silken cord. The arrangement certainly was not calculated to allay the spirit of strife, and as the representatives of the town ^ Rci^isfrm)! Pr/^'ili'/^/orui/i; Close ; ^ Close Roll, 29 Kdw. III. m. 21. Roll, 29 Edw. III. m. 17. j - Miiiiiiiicnta Acadonica, jip. " T\\ yne MS. vol. iv. f. 5S. I 190 202. i68 THE CHANCELLORS AUTHORITY. wended their way to church on St. Scholastica's Day they were year after year exposed to taunts and jeers, if not to actual blows, from their jubilant adversaries.' The prohibi- tion of masses for the dead in the middle of the sixteenth century seemed to release them from the necessity of per- forming their annual act of penance, and for fifteen years in the early part of the reign of Elizabeth there was no special service at St. Mary's on the loth of February. The University, however, sued them upon their bond of 1357 for fifteen hundred marks, and, though the Lords of the Council disallowed this claim, it was ordered that there should be an annual sermon or communion on St. Scholastica's Day, and that the offerings should be made as of yore. The service was maintained in a modified form down to the reign of Charles II. or even later.^ The claim of the Chancellor to exercise in the parishes of St. Mary Magdalen, and St. Giles, the authority con- ferred on him in 1355, was from the first disputed by Sir Richard d'Amory, who held the Hundred without the North Gate of Oxford direct from the Crown, but it was specifically confirmed by the King in the following year.3 The University was not less successful in resisting the claims of certain ecclesiastical dignitaries. In 1346, after a struggle lasting upwards of twenty years, a final agree- ment was made between the University and Cardinal Gail- lard dc la IMotc, the absentee Archdeacon of Oxford, by which it was settled that the former should have full jurisdic- tion over all Masters and Doctors, Regent and Non-Regent, over all scholars regular and secular, over all scholars' servants living with them, over the six bedels and the four stationers of the Uni\-crsity, and over all scribes employed by the scholars, the Archdeacon reserving to himself only his ancient rights Muiiiineittd Acadoiiica, p. 463. Wood's .'hinals, \o\. i. jip. 472, 473- ' Mn/i. Acad., pp. 173 iSo. THE CHANCELLORSHIP. 169 with regard to the cures of the parochial clergy, and the probate of the wills of the scribes.' The old controversy between the University and the Bishop of Lincoln broke out with renewed bitterness in 1350. William de Palmorva, a Doctor of Divinity, who had been successively Fellow of Stapeldon Hall and of Queen's College, was in that year elected in the usual manner to fill the office of Chancellor.^' Bishop Gynwell, however, for some reason of his own, delayed to confirm the election, and ex- hausted the patience of the Oxford Masters by his repeated evasions. Complaint was therefore made to Archbishop Islip, and he, ever true to the cause of the University that had bred him, at once despatched a peremptory letter to the Bishop, ordering him to confirm the election within six days, unless he could show some adequate reason to the contrary. Several weeks elapsed, and then the Primate took the matter into his own hands by deputing his Commissary to confirm the election, and authorising the resident members of the University to admit William de Palmorva as their lawful Chancellor. Bishop Gynwell was again cited to appear before the Archbishop, and, on his refusal to appear, the town of Banbury, in which his private chapel was situated, was laid under interdict. He in his turn disregarded the interdict, renounced any obedience to the see of Canterbury, and cited his metropolitan to appear before the Roman Court. ^ As far as the University was concerned, the question was already ' Mun. Acad., pp. 148 152. Mr. Society, vol. i. Anstey's proposed emendation of the text is quite unnecessary, inas- much as the month of February, 1345, fell within the fourth year of the pontificate of Clement VI. as stated in AIS. D. Several docu- ments relating to the controversy between the University and the Archdeacon are printed in the ^ The letters 7' and 71 being generally alike in mediaeval manu- scripts, this Chancellor had been called Palmorna by Wood, Le Neve, and other writers. Boase s Register of Exeter College, p. i. 3 Wilkins's Concilia, vol. iii. pp. 3 8 ; Register of Archbishop Islip, ff. 20, 2731, 35, 36, 83, 84 : G'//tvA?-'/6v; of the Oxford Historical \ Mun. Acad., \^^. 16S 172. 170 THE CHANCELLORSHIP. practically settled, for Palmorva was allowed to retain the office of Chancellor without any further annoyance. The controversy about his confirmation marks the last stage but one in the long struggle of the Chancellors of Oxford to emancipate themselves from the jurisdiction of their diocesan. The last stage of all was reached in 1368, when Urban V. issued a bull entirely abrogating the claim of the Bishop of Lincoln to confirm the Chancellor-elect of Oxford.^ From that time to the present, the University has enjoyed the right of electing and admitting its highest officer without reference to any superior authority whatever. The Chancellorship of Oxford was a much coveted post in the middle ages, for it generally proved a stepping-stone to higher preferment. Robert Stratford, who was Chancellor in 1335 and several succeeding years, was a man of great ability ; it was by his firmness and prudence that the scheme of setting up a rival University at Stamford was brought to nought. This danger was scarcely past when he was summoned by the King to take an active part in the government of the realm. Rather than lose so experienced a chief, the Proctors and Masters of the University granted him leave of absence from Oxford for three months. In .March 1337, he was appointed Chancellor of England, and five months later he was elected Bishop of Chichester. At the earnest request, however, of the Masters, he continued to hold the office of Chancellor of the University until the year 1340, some of his duties as such being performed, in his absence, by a Commissary.^ Like his brother, John Stratford, Archbishop of Canterbury, Robert Stratford was entrusted with the Great Seal more than once. 3 There was a disputed election to the Chancellorship of Oxford in 1349, and one of the claimants, John W^ylliot, broke ' Wilkins's Concilia, vol. iii. Patent Roll, 14 Edw. III. j). i, p. !':>. m. 47 (Hare AIS. f. 85/)). = Collectanea {0\[m(\ Historical ' Yo%'i,\ Judges of Engla)id. .Society), vol. i. pp. 15, 33 y^ : THE CHA N CELLO R'S A UTHORI TV. 171 open the chest of the University, took possession of the Chancellor's seal of office, and banished one of the Proctors who had opposed him. So fiercely indeed did party spirit run that the King was obliged to send commissioners to enquire into the matter.^ A few years later, the University was able to boast that its Chancellor, William Courtenay, was " the son of an earl, and illustrious on account of his royal lineage."^ The University used to exercise strict supervision over many persons who, although not clerks in the strict sense of the term, were closely connected with the clerks. Thus, in 1348, the assent of the Chancellor was deemed necessary for the promulgation of a body of statutes by which the barbers, the surgeons, and the makers of sacramental wafers, bound them- selves together as one craft or body corporate. Most of these statutes had reference, as might be expected, to the admission of members and officers and the like, but fines for certain offences were made payable to the Chancellor and Proctors. The influence of the Church may also be detected in an enactment that no member of the craft should work on Sundays, except at harvest time, or shave any one at all on a Sunday who was not about to take part in the celebration of divine service. ^ Ten years later, it was decreed in Congre- gation that any tailor who cut the clothes of the Masters or of the bedels too short should be committed to prison.* Again, in 1373, in consequence of the frequent sales of valuable manuscripts to strangers, the Congregation of Regents ordained that no one save the public stationers should sell any book for more than half-a-mark within the limits of the Chancellors jurisdiction, under pain of imprisonment. 5 While the University was thus strenuously maintaining a struggle for supremacy in Oxford, it was often divided against ' Close Roll, 23 Edw. III. p. i, I Archbishop of Canterbury, m. 16/;. 3 Wood's Annals, vol. i. pp. - A.D. 1367. a\Iu?i. Acad.-p. 226. 443 446. He was a great-grandson of Ed- ' * Mujt. Acad. p. 212. ward I. He afterwards became ' Ibid. pp. 233, 234. 1/2 INTERNAL DISSENSIONS. itself on questions of purely academical interest. A decree passed by the Congregation of Regents in 1370, that Bachelors and opponents in Theology, and Masters of Arts, should take precedence of Bachelors of Civil Law in processions of the regular clergy, and some other decrees about responsions and disputations, gave dire offence to the whole Faculty of Law. Party spirit ran so high that several graduates were degraded and banished, and complaints were laid before the King him- self in Parliament. Five bishops were eventually deputed to settle the controversy, and by their authority the banished Masters were recalled, and the recent statutes modified.' About the same time, we read of bands of armed scholars plundering clerks and laymen alike, and venturing even to threaten the King's judges with personal violence.^ Law- less characters like these cared little for the Chancellor's excommunication, if they could but escape beyond the bounds of his authority, and it was for their punishment that the King from time to time renewed an arrangement by which the Chancellor of Oxford was empowered to apply to the Court of Chancery for the arrest of runaway clerks.3 The arrogance of the mendicant friars in the fourteenth century, was a fruitful source of trouble at Paris, at Oxford, and at Cambridge alike. Their lofty and well-built convents vied in splendour with the castles of the feudal barons ; their tables were spread with choice viands, and their gowns were made of costly stuffs.* Their conventual libraries were stored with precious manuscripts. It was a matter of common complaint that secular scholars could not pursue their studies at Oxford to any advantage, because the friars bought up all the books that were exposed for sale. 5 But such a complaint Mini. Acad. p. 233; Ayliffe, ' " PJiilobidlon, C7i\i. vi. See Pierce vol. ii. pp. Ix l\ii, l.xix, Ixx. the Plowmaih Crcde. - AylitVe, vol. ii. pp. xlix, liii. ^ R. Armachanus, Def elisor iitni '^ Patent Rolls, 12, 14, 21, 26, 31, Ciiratorum ; Wyclifs Eii^s^Iish 38, 43,46, Edward III. (Hare MS.) IVorks, (ed. Matthew) pp. 128, 221. ARROGANCE OF THE FRIARS. 173 as this would never have been heard if the friars had not made themselves objectionable in other ways. Assuming an air of superior wisdom and sanctity, they were wont to speak disdainfully of all other clerks. Thus a certain Dominican ventured to deride the whole study of the liberal arts in a public sermon at Oxford, and another friar went so far as to maintain that tithes ought to be paid to the mendicants rather than to the parochial clergy, that temporal lords might lawfully confiscate the endowments of churches and monasteries, and that the University itself was but a school of heresy.' Both these friars were forced to retract their intemperate words, but incidents of this sort were not easily forgotten. A Carmelite who was cited to answer certain charges in the Chancellor's Court, refused to appear, and was encouraged in his contumacy by the Prior of his convent, who cited the Chancellor himself to appear before an ordinary ecclesiastical judge.^ Unlearned friars used sometimes to tiy to obtain academic degrees in an irregular manner, by procuring re- commendatory letters from royal and other influential personages. The University had not at first sufficient courage to reject such unworthy candidates altogether, but it refused to allow them to lecture, and it held them up to scorn as " Wax- Doctors," who relied on the wax seals attached to the letters of their patrons, rather than on their own merits. About the year 1358, a stringent statute was passed against all external interference on behalf of persons aspiring to academical degrees. 3 But the chief cause of the unpopularity of the friars was their unscrupulous zeal in making proselytes. Inexperienced boys fresh from home were often cajoled into entering a convent, before they could consult their parents, or, ' ^fJln. Acad. pp. 20S 212. plained that friars were wont to - Close Roll, 34 Edw. III. m. obtain the " cappe of maysterdome 27^-; Patent Roll, 36 Edw. III. p. 2, by preyer of lordis, and grcte m. 44(5. ; giftis." Select English Works, (ed. ' SliDi. Acad. pp. 206, 208 212. ; Arnold) vol. iii. p. 376. Some vears later, Wvclif com- 174 RICHARD FITZ-RALPH. as Fuller quaintly says, " before they could well distinguish betwixt a cap and a cowl. " ' Once admitted and bound by irrevocable vows, they were in many instances allowed to neglect their lessons, in order that they might occupy them- selves in soliciting alms and favours from their friends and relations. The corrupt system of the mendicant friars did much to dis- credit them, even at a time when the schools of Western Christendom were ringing with the fame of the Franciscan Ockham. Richard of Bury, the learned Bishop of Durham, denounced it in bitter words, which the University of Oxford afterwards embodied in one of its statutes.^ Then again in 1351, certain Cardinals, and other dignitaries of the Papal Court, urged Clement VI. to suppress the mendicant orders altogether, on account of their aggressive conduct towards the parochial clergy.3 But by far the most notable opponent of the friars before the rise of John Wyclif, was Richard Fitz- Ralph, Archbishop of Armagh, who had been a Fellow of Balliol College, and Chancellor of the University of Oxford. Not content with striving to check their influence at home, he repaired to Avignon in 1357, in order to accuse them before Innocent VT., and in a great speech before the Papal Consistory, cited a striking instance of their audacity that had just come under his notice. " This very day," he said, " as I was leaving my inn, there met me a good man from England, who has come to this court for succour and remedy, and he told me that a little while after last Easter the friars at Oxford carried off his son, then under thirteen years of age, and that he was not allowed to speak to him except under the custody of the friars." One grievous result of this system, according to the Archbishop, was that the Ei niversity of Oxford had fallen into general disfavour, parents preferring that their sons should ' Histo>-y of the University of Acad. p. 207. Cambridge., iii. c. 46. ^ Gieselei's Ecclesiastical dristory , '" Philol)iblo}i, cap. vi. ; Mint. (trs. by Hull) vol. iv. p. 144. RICHARD FITZ-RALPH. 175 grow up mere tillers of the earth rather than that they should run the risk of being inveigled into convents.' The friars de- fended themselves with energy, and the controversy bade fair to last a long time, Fitz-Ralph being, it was said, assisted by voluntary contributions from other like-minded bishops.^ He died however in 1360, to the great grief of his admirers on either side of the Irish Channel. So high was his reputation for holiness and wisdom, that miracles were ere long reported to have been wrought at his tomb at Dandalk. In after years, the English Lollards and others did not hesitate to describe him as " Saint Richard of Armagh."3 Discouraged by the death of their great champion, the Anglican clergy did not send any one to represent them at Avignon.4 The strife, however, was maintained for some time in England, where the Universities of Oxford and Cambridge almost simultaneously passed statutes against the reception of students under eighteen years of age into any of the mendi- cant orders. The friars themselves proved the truth of the charges made against them, by demanding the absolute repeal of these statutes, and they eventually obtained a favourable decision on this point from the Parliament of 1366. They ' The Defensoriion CttratoruDi \ the churches of the Dominicans, of Armachanus, as Fitz-Ralph was the Franciscans, and the Carmehtes, generally called, is reprinted in at Avignon, before the beginning of Brown's Fasciculus Rtruin c.r- his great controversy with the friars. pctetidariim etficgioidarjini, vol. ii. | See Lansdowne MS. 393. For There is an early English version his connexion with Balliol College, of it by John Trevisa, in Harleian ' see the FoiirtJi Report of the His- MS. 1900. Dr. Lechler gives an to7-ical MSS. Conanissio?!, p. 433. abstract of the whole discourse in , " Fasciculi Zizanioruin, (ed. John Wiclif and his English Pre- cursors, vol. i. The passage about the number of students at Oxford Shirley) p. 284. 3 Select English Works of John Wyclif, (ed. Arnold) vol, iii. pp. 412, has already been noticed. Fitz- | 416; Wyclifs English Works, {^Ci. Ralph was Chancellor of the Uni- I Matthew) pp. 128, 507 ; Rotuli versity in 1333. Mun. Acad. pp. I Parlia?nentoruni, vol. iii. p. 69. 127 129. It is worthy of remark j Walsingham, Historia Angli- that he preached several times in 1 cana, vol. i. p. 285. 1 7 6 THE GREA T PES TIL ENCE. were, however, distinctly forbidden to make use of any papal bulls that might in any way be prejudicial to the English Universities.' The orders issued by Edward III. in 1344, and again in 1367, that the Chancellor of Oxford should not be summoned to appear in the Roman Court, were in all proba- bility directed against the friars.^ The decline of the University, which is so often mentioned with lamentation in writings of the second half of the fourteenth century, and subsequent times, may perhaps be said to date from the Great Pestilence of 1349. The effects of this terrible scourge were felt throughout England. " The population," says Dr. Stubbs, " was diminished to an extent to which it is impossible now even to approximate, but which bewildered and appalled the writers of the time ; whole districts were thrown out of cultivation, whole parishes depopulated, the number of labourers was so much diminished that on the one hand the survivors demanded an extravagant rate of wages, and ev'Cn combined to enforce it, whilst on the other hand the landowners had to resort to every antiquated claim of service to get their estates cultivated at all." ^ Little is known as to the actual extent of the ravages which " the foul death " com- mitted among the clerks of Oxford, but the unwholesome state of the town must have been very favourable to the spread of infection. The clergy of the Anglican Church died in such great numbers that many parishes were left without services or sacraments ; the yearly stipends of chaplains rose to an unprecedented amount. Bishops found themselves obliged to confer holy orders on illiterate candidates, and the interests of scholarship suffered accordingly.'' The great dearth of learned clerks, in consequence of the pestilences of 1349 and 1361, is expressly mentioned as one ' Rotuli Parlia))icntoniiii,\o\.\\. ^ Constitutional History, \o\. ii. p. 290. p. 400. - Ayliffc, vol. ii. p. lii ; Patent > II. Knyghton, in Twysdcn's ]\oll, 41 Eclw. III. p. I, m. 13. . Script o)'cs Decern. CANTERBURY COLLEGE 177 of the causes which led to the foundation of Canterbury- College at Oxford.^ This new college owed its name and origin to Simon Islip, Archbishop of Canterbury, who established it in 1361 or 1362, on a piece of ground on the north side of St. Frideswyde's Priory. As first designed by him, it was a hybrid institution, somewhat similar in character to Durham College. The Warden and three of the twelve Fellows were Benedictine monks of Christ Church, Canterbury, the other eight being secular students, and it was arranged that on any vacancy of the office of Warden, the Archbishop and his successors should have the right of selecting one out of three names submitted by the Prior and Chapter of Canterbury. The first Warden, Henry Woodhull, a Doctor of Divinity, was thus appointed in 1362. It appears, however, that matters did not go smoothly at this new home of learning, for in 1365 the Arch- bishop found it necessary to make a radical change, by ejecting the Warden and the other three monks and substituting for them four secular scholars.^ It is likely enough that Woodhull was a troublesome, self-willed man, for he had lately caused an angry strife between the Chancellor and the Proctors, by attempting to incept under a secular Doctor, instead of being satisfied to incept under a monk of his own order.3 The person appointed to succeed him in the government of Cantei'bury College was John Wyclif, a Bachelor of Divinity, whose learning, industry, prudence, and integrity are said to have attracted the favourable notice of the Archbishop.4 It was probably about this time that a new body of statutes was issued, entirely severing the connexion between Canterbury College and the Benedictine Priory of Christ Church, Canter- bury. These statutes show clearly that the founder's object was not so much to train young men for a degree in Arts, as to ^ Fifth Report of the Historical pp. 28 5 292. MSS. Commission^ p. 450. 3 Mtin. Acad. pp. 220 224. -' Lewis's Life of fohn IVicIif \ ^ Lewis, p. 290. N 178 EJECTION OF THE SECULARS. encourage graduates to pursue higher studies at Oxford. They show too how thoroughly the inmates of Canterbury College were regarded as members of one family, the term Fellow being still used in its original sense of comrade. The Fellows were to dress alike, to attend mass together in the early morning, to go together to the schools, accompanied by a servant who should carry their books, to take their meals together, to go out walking in couples after vespers, and at night to occupy four or five common dormitories. It was moreover decreed that any Fellow falling ill should after a while leave the College, so that the other inmates might not be distracted from their studies by the care and anxiety of nursing him through his sickness.^ There is no occasion, however, to examine these statutes in detail, for they only remained in force for a few months. Archbishop Islip, the founder of Canterbury College, died in 1366, and Simon Langham, his successor in the primacy, viewed the recent changes with disfavour. Being himself a member of the Order of St. Benedict, he lent a ready ear to the complaints of the monks of Canterbury, and, in March 1367, appointed one of their number, named John Radyngatc, to be Warden of Canterbury College, in the place of John Wyclif A few weeks later, he cancelled this nomination in order to reinstate Woodhull as the law- ful Warden. Wyclif, however, and his adherents, absolutely refused to retire, being no doubt firmly persuaded that, after the death of the original founder, nobody had any right to eject them ; and when the Primate sequestered the church of Pageham, which was their chief source of revenue, and prevented the delivery of certain books that Archbishop Islip had bequeathed to Wyclif, they appealed to the Pope. Langham for his part replied that Wyclif's appointment as Warden of Canterbury College ought not to be recognised, inasmuch as it had been obtained by fraud at a time when ' Wilkins's Concilia, ^ol. ii. pp. 52 58. CANTERBURY COLLEGE. 179 Archbishop Islip was in a feeble state of health. The cause was never tried by process of law, for, after hearing part of it in full Consistory, Urban V. referred it to Cardinal Andruyn, to be decided on grounds of general expediency. He seems to have thought that, after what had occurred, the monks and the secular clerks would never agree to live in harmony under one roof, and so he authorised his delegate to assign the College entirely to one section or the other.^ Wyclif thereupon withdrew his Proctor, perceiving clearly that he had no chance of success against so influential a person as Langham, who had recently been created a Cardinal. The papal mandate which virtually dismissed the secular clerks from Canterbury College, was issued in ]\Iay 1370, and in the following year the monks of Canterbury sold their share in the common house of the Benedictine Order in Stockwell Street, to the monks of St. Peter's Westminster. They reserved to themselves, however, a right to cancel the bargain, in the event of their being deprived of Canterbury College by process of law.^ In 1372, Edward III. issued a charter pointing out that the original constitution of Canter- bury College, to which alone he had given his royal con- firmation, had been twice violated, firstly by the ejection of the monks, and secondly by the ejection of the secular clerks. Nevertheless he agreed to ratify the recent changes, in con- sideration of a fine of two hundred marks paid to him by the Prior and Convent of Christ Church Cantcrbury.3 John Wyclif and the Fellows who were ejected with him, are not known to have received any part of this large sum in com- pensation for their losses. The subsequent history of Canterbury College may be summed up in a few words. Under the auspices of Thomas ' The documents relating to the suit about Canterbury Hall are given in Lambeth ^IS. 104, ff. 209 219. Some extracts from them are printed in Lewis's Life of foJui WicUf. ^ Clirist C /lurch Letters, (ed. Sheppard) p. xv. 3 Lewis, p. 300. N 2 i8o CANTERBURY COLLEGE. Chillenden, Prior of Christ Church, the fabric was rebuilt in the reign of Richard II., in a form which it retained almost unaltered for nearly four hundred years. The little quadrangle contained a chapel and a hall ; on the eastern side stood the main gateway, facing the end of St. John's Street; at the north-western angle a postern gate gave access to the open space now occupied by Peckwater Quadrangle. " The upper stories," says Mr. Sheppard, " were pargetted, that is, built of timber and covered with plaster impressed with fantastic designs ; while the ground story was strongly constructed with Headington stone." The roofs were covered with Stonesfield slates. In point of fact the buildings proved too large for the students from Canterbury, who at no one time were more than five in number, and the superfluous rooms were let to monks belonging to other houses subject to the Benedictine rule.' Canterbury College shared the fate of larger and more cele- brated monasteries in the reign of Henry VI I L, and the last remains of its ancient buildings were finally demolished in 1775.2 A memorial of it, however, still survives at Oxford in the name of Canterbury Quadrangle, and the story of its early vicissitudes must ever command the attention of all who are interested in the life of John Wyclif. Alongside of new colleges, religious and secular, several new chests for granting loans to scholars were established at Oxford in the reign of Edward III. ; and the University acquired so many movable possessions that it had to make elaborate provision for their safe custod}\3 The books which ' Christ Church Letters, pp. [ year, and another by William dc xiii XV, xvii, 59,60; Fifth Report \ Selton, Canon of Wells, in 1360. 0/ the Historical MS S. CoDiniis- \ AJun. Acad.pp. 12,0 140,213 220. sio)!, p. 450. I The property of the University was - See the engravings in Skelton's kept in the Proctors' Chest, the Oxonia Antiqua Restaitrata. Chest of the Four Keys, and the 'A chest was established by , Chest of Patterns. Ibid. Y>-p. 152 PhilipdcTurvile,Canonof Lichfield, '' 157. In 1361, Michael North- in 1336, another by John Langton, \ burgh, Bishop of London, be- liisliop of Chichester, in the same \ queathed 100/. for the maintenance LIBRARIES AT OXFORD. i8i Bishop Cobham had bequeathed to the University, but which, as has been seen, had passed into the h'brary of Oriel College, were forcibly removed thence in 1337 or 1338, by a band of clerks acting under the order of the Chancellor's Commissary.' They seem, however, to have lain unused for about thirty years. At last, in 1367, the Masters resolved to sell some of the more precious of them for 40/., and with part of that sum to provide a fixed salary for a chaplain who should act as librarian. The remainder of Cobham's books, together with certain others, which had hitherto been stowed away in chests, were placed on desks in the chantry over the House of Congregation at St. Mary's, and secured by chains."" Thus was established the first public library of the University, the prototype of the noble libraries of Humphrey, Duke of Gloucester, and Sir Thomas Bodley. The convents and colleges had their own little libraries, and in 1336 we find Stephen Gravesend, Bishop of London, bequeathing books to four different colleges. 3 So again, in 1368, Simon de Bredon, the astronomer, a former Proctor of the University, bequeathed books to each of the six secular colleges then existing at Oxford, namely those of Balliol Hall, University Hall, Merton Hall, King's Hall (Oriel), Queen's Hall, and Exeter HalL-^ The frequent wars of Edward HI. against France and Scotland did much to make the English universities more exclusively national than they had been before. He himself was willing enough that foreign clerks should visit England. In 1357, in 1363, and some subsequent years, he issued general letters of protection for all Scottish scholars who of twelve scholars of civil and ' " Mun. Acad. pp. 226 228. canon law at Oxford, for four years, ^ Nintli Report of the Historical and 20/. for their master. A'inth . MSS. Commission, i. p. 46. Report of tlie Historical MSS. Com- * Register of Arclibishop Whit- 7nissio)i,\. \). \~i. tlcsey, f. 122. Simon dc Bredon ' CoUcctafica {Oxford Historical was Proctor in or about the year Society), vol. i. p, 64. | 1337. Royal IMS. 12. I,). XI. f. 25. 1 82 FOREIGN STUDENTS. desired to repair to Oxford or to Cambridge for the purpose of study, and from time to time he granted special safe- conducts to the more eminent scholars. Thus in 1357, at the request of King David 1 1., he gave permission to John Barbour, Archdeacon of Aberdeen, to travel to Oxford with three scholars in his company. Barbour came to Oxford again seven years later with four horses, and in 1368 he passed through England with two horses and two valets on his way to Paris. He seems to have been a Master at this latter date, but his posthumous reputation rests on his historical poem, TJie Bruce, rather than on his achievements in the schools of philosophy or theology. Several other Scottish ecclesiastics of high position came to Oxford more than once during the closing years of the reign of Edward III.' By the treaty between the kings of England and France, concluded at Bretigni in 1360, it was agreed that students of either country might freely resort to the other, and enjoy the usual privi- leges.^ There was, however, no welcome in store for avowed foes. On the fresh outbreak of war nine years later, the Chancellor of the University of Oxford caused a ro}'al proclam- ation to be published at Carfax, ordering all French scholars to quit the realm within eight days.^ Four years later, the Dominicans at Oxford were commanded to eject from their convent certain false brethren, who, under pretext of desiring to study at the University, had come thither for the purpose of obtaining secret intelligence for the King's enemies.^ The severance of the tics that bound the Universities of Paris and Oxford together was one of the causes which brought about the rapid decline of both these famous seats of learning. ' Rotuli Scotiir^ \Qi\.\. pp. 808, : proclamationcm ilid/n co)ttc)>ipsit, 8 '5' 859> 87?) 881, 886, 905, 926. ' ct pliiribiis in regia via aiiiiiii siinin ' C/iro/iicou Anif/icr,{ed.Thomp- apertc inanifestavit.in coiitcmptiDii son) p. 48. doinini Rrgis." Twyne, MS. vol. ' A certain George le Fourbcr xxiii. f. 188. was accused of unseemly behaviour ^ Close Roll, 47 Edw. Ill, in, on this occasion : " /(ii';;i Geonrius !o. CHAPTER VII The Origin of New College William of Wykeham Purchase of Land Erection of Buildings Winchester College Architectural Genius of the Founder The Plan of New College The Warden and his Duties The Manner of electing Scholars Studies of the Scholars Prayers to be said Meals Disciplinary Rules The Library Death of the Founder. T is a remarkable instance of the longevity of popular appellations, that after more than five centuries of corporate existence, the College of St. Mary of Winchester in Oxford is still generally known as New College. It owes its origin and its formal name to William of Wykeham, Bishop of Winchester, one of the most gifted Englishmen of the middle ages. The able administrator of one of the most important dioceses in the realm, and the chief minister of two kings, Wykehain was pre-eminent as an architect of great and original genius ; but he is more especially to be remembered as the founder of the first public school in England, and of a college which in size and magnificence far surpassed all others at Oxford and Cambridge. His creative work was in both cases finished during his own lifetime, so effectually that all subsequent benefactions to either establishment appear insignificant. Men who have received their education at Winchester College, or at New College, are proud to be styled Wykehamists. 1 84 WILLIAM OF WYKEHAM. It is doubtful whether Wykeham himself studied in the schools of Oxford, and it is almost certain that he did not obtain a Master's degree. His rapid advancement in the Church was primarily due to his skill in architecture, which brought him under the immediate notice of Edward III. After acting for a short time as clerk of the King's works in the manors of Henle and Yeshampsted, Wykeham was, in 1356, appointed surveyor of the works at Windsor. A considerable part of the castle was reconstructed under his direction, and in 1359 he was promoted to the office of warden and surveyor of the castles of Windsor, Leeds, Dover, and Hadlam.' Two years later, he began to build the royal fortress of Queenborough in the Isle of Sheppey, and in 1364 he was made Keeper of the Privy Seal.^ Ecclesiastical dignities were in those days often given as rewards for secular service, and Wykeham received from the King the rectory of Pulham and other pieces of preferment, several years before his ordination as an acolyte in 1361. About four years after his admission to the priesthood, he was in possession of the archdeaconry of Lincoln and no less than eleven prebends, besides a parish church with cure of souls. He was elected Bishop of Winchester in 1366, and before his consecration as such in the following year, he was appointed Lord Chancellor of England. ^ Froissart says : " This Sir William of Wykeham stood so high in the favour of the King of England that by him all things were done, and with- out him was nothing done." '' Wyclif, or one of his followers, sneers at the promotion of a clerk who was "wise of building of castles. "5 The duties of the Chancellorship, or of the Bishopric alone, were sufficient to tax the energies of an able administrator, Lowth's Life of Jf 3'Xv//,\s\^ ; Dociiinciits relating to the '' Liber S. Mary de Calchou University and Colleges of Cam- {Bannatyne Club), p. 441. bridge (1S52), vol. i. p. 382 ; Twvne 193 ADMISSION TO THE UNIVERSITY. ordinary cases, however, the young student was entrusted to the care of a man who undertook to convey him to his destination for a sum varying in amount according to the length of the journey. The " bringers of scholars," and the " common carriers," who plied between Oxford and other large towns, occupied a position analogous to that of the pctits niessagers of the University of Paris, and were exempt from the jurisdiction of the municipal authorities.' All scholars could not afford to ride, and many a poor lad trudged to Oxford on foot, with his scanty bundle of clothes slung over his shoulder, glad enough to get a good supper and a night's lodging at any monastery on his road. The immediate future of the young clerk was doubtless settled before he left his home. If his parents or his patron had forbidden him to enter a convent, and if he was not so fortunate as to obtain admission to one of the few colleges that then existed for the maintenance of secular students, he must needs lodge in the town at his own expense. There was no examination or formal ceremony of admission to the University. In order to become a member of that privileged body, the young clerk had only to call on a resident master and declare to him that he proposed to attend lectures. He was not required to adopt any distinctive academical costume, the tonsure on his crown being considered sufficient token that he desired to be exempt from lay jurisdiction. Every master kept a list of his own pupils, and all whose names appeared on the roll were entitled to claim his aid and protection in the hour of trouble. The rolls were from time to time read aloud in the schools.'' ' Mun. Acad. p. 346; Rogers's , 306,444, 457,467,476; Caiiibridi^c Documents, vol. i. p. 332 ; Thiirot, p. 38. Mr. Maskell shows "that not only bishops, but priests, by special permission, or privilege, as versitdt Paris, p. 42. in the case of abbots, were per- -' Midi. Acad. iip. 17, iz. wo. niitted to confer the tonsure, antl Histoiy of Agriculture, vol. i. p. 660 ; vol. ii. p. 605 ; Boase's Register of Exeter College, pp. xii, 5, 10, 14 ; Budinszky, Die Uni- ADMISSION TO THE UNIVERSITY. 199 Considering the bitter feuds that raged at Oxford between the natives of different countries, we may be sure that the newcomer chose a master who came from his own neighbour- hood and spoke his own tongue. The germ of the modern system of matriculation may perhaps be found in a statute of the year 1420, which required that all scholars and scholars' servants who had attained years of discretion should swear before the Chancellor that they would observe the statutes for the repression of riots and disorders.' There was no rule as to the age at which persons could be admitted to the privileges of the University. At Cambridge it was thought necessary to enact that the scholars of King's Hall should not be less than fourteen years of age, while on the other hand a poem of the fifteenth century mentions twenty as the age at which a young man should "goo to Oxenford, or lerne la we." ^ In early times, the students of Oxford took lodgings wherever they could find them at a reasonable price. Some- times a party occupied the whole of a house ; sometimes a single student, like Chaucer's Hendy Nicholas, hired one room in the house of a townsman. ^ But from the very first, the University aimed at securing for its members the exclusive use of certain houses. As far back as the middle of the thirteenth century, a resolution was passed to the effect that no landlord should be allowed to recover possession of a even the minor orders." Monii- Universitate Oxoji celehrandi po- inenta.Ixititalia (ed. 1847), vol. iii. tcstatem habeaiit ta7n cancellarii pp. Ixxxvii, 145. It is not unlikely ' qiiavi coniviissarii ejiisde/n Uni- that the Chancellor of Oxford had ' vcrsifatis." Register F. f. 164^^. authority to confer the tonsure, ' Man. Acad. p. 278. even though his commissary had - Mullinger, p. 353 ; Ma'uiei's not authority to confer the minor and Meals in the Olden Time orders. In a letter to the collector (ed. Furnivall),p. xxxix. Cf. Thurot, of the papal revenues in England, p. Zl- written in or about the year 1489, ' Close Roll, 22 Henry III. ni. the University prays him to use his 12/'. ; Tlie Millcres Tale. influence '' /// i/ii/ici-es ordincs in 200 ACADEMICAL HALLS. house which had been let as a hall for students, or as a school, unless he intended either to live in it himself, or to let it to some other layman for a term of not less than ten years.' Inasmuch as young men who lodged in the houses of laymen were subject to no domestic control, and only too prone to form undesirable connexions, it was found necessary, in 1420, to enact that every scholar or scholar's servant claiming the privilege of the University, should dwell in a hall governed by a responsible Principal.^ So again, twelve years later, a decree was made imposing a fine on any townsman who should allow a clerk to lodge or board in his house without special licence.3 The change thus effected was of the highest importance. The halls devoted to the exclusive use of the clerks were for the most part small stone buildings, containing each a common room for meals, a kitchen, and a few bedrooms.* They all had their own distinguishing names. Some were called after the patron saint of a neighbouring church, as St. Edward's Hall, and St. Mary's Entry ; some after their owners, as Alban Hall, Tingewick Hall, and Peckvvater's Inn. Studley Hall once belonged to the abbey of that name, and Tackley's Inn to the rector of Tackley. ]\Iany of the halls took their names from the sign that was to be seen over the gateway, the Eagle, the Lion, the Elephant, the Saracen's Head, or the Brasen nose. Glassen Hall evidently dates from a period when glass windows were a costly luxury, and Chimney Hall from a period when large chimneys were uncommon. Aristotle's Hall was perhaps at one time inhabited by enthusiastic followers of that great philosopher, and some elementary lectures on his native tongue may once have been given in Greek Hall. The origin of the descriptive ' Mitu. Acad. p. 15. Cf. Cam. \ ^ Engravings of several of the /Jac. vol. i. pp. 350, 351. old halls are to be found in SkcIton"i J/////. Acad. pp. ly, 25, 279. Oxonia Antiqua. ' J hid. p. J2(.J. PRINCIPALS. 20I names of Angle Hall, Broadgates Hall, Leadenporch Hall, White Hall, and Black Hall, is sufficiently obvious.' Most of the halls originally belonged to laymen, and were let by them to the clerks at rents fixed by a board of assessors, consisting of four Masters and four townsmen ; =" but as time went on, the University and the different colleges and religious bodies of Oxford acquired a great deal of house property in the town. Every hall occupied by clerks had a resident Principal who exercised authority over all the inmates. 3 The office of Principal was evidently one of considerable profit. In the middle of the thirteenth century, it was found necessary to restrain Principals from selling their places, and in the fifteenth century it was formally decreed that none but graduates should be allowed to become Principals. '^ Any one applying for the Principalship of a hall was moreover required to find substantial security for the due payment of the rent, and to take certain oaths imposed by the University for the purpose of maintaining order.^ The tenants of single rooms in a hall were generally bound to attend the lectures given there, unless indeed they were themselves graduates.^ The rent of a room varied according to its size and position, and so we read of Js. 6d. a year being charged at one place, and I'^s. ^d. at another.^ In the reign of Edward III. the son of a prosperous citizen of London could be maintained at Oxford for less than lo/. a year.^ ' Several lists of halls are given ' * Ibid. pp. 14, 307, 360. A in Muniuienta Acadeiiiica, vol. ii. ! Bachelor of Arts was admitted Particulars as to their respective \ Principal of Staple Hall in 1442. positions are given in Peshall's Ibid. p. 529. City of Oxford. s Ibid. ^i^^. 13, 15, 93, 279, 512, "" Mun. Acad. pp. i, 2, 13, 56, 529,618,675,687. 156, 491, 749; Cambridge Docii- \ * /(^Z(^. p. 242, 517, 528, 582, 664. ine7its, vol. i. pp. 349 351 ; Du " Ibid.\)^. 556, 655. Boulay, vol. iii. p. 160. s In the accounts of the guardian ^ Mun. Acad. pp. 93, 279, 427. of Hugh atte Boure, his board is 517. charged at 2s. a week, his tuition at 202 MANCIPLES AND SERVANl'S. The Principal of a hall was not allowed to cater for the other inmates, and their payments for food were always made to an upper servant known as a manciple." It was the manciple's duty to go to market every morning, before the admission of the retail-dealers at- nine o'clock, and there to buy provisions as cheaply as he could on behalf of his employers.^ The amount of his salary varied in proportion to the amount which they contributed weekly towards the maintenance of the common table.3 Although he might have a wife and a house of his own in the town, the manciple was always reckoned among the privileged members of the University, and social distinctions were so little regarded that a scholar might become a manciple, or a manciple a scholar. '^ Private servants too sometimes applied themselves to study at Oxford, and a curious contract has been preserved by which a master undertook to improve his servant " in the kunnyng of writyng," and to give him two pairs of hosen, two shirts, four pairs of shoes, a gown, and 3^\ ^d. in money, during the first of his four years of service. s The ordinary salary of a private servant in the middle of the fifteenth century was 2/. a year, besides some livery.'' We may obtain a fair idea of the contents of a clerk's room at Oxford from some wills and inventories of the fifteenth century, wliich are entered among the Acts of the Chancellor's Court. The most conspicuous object in every chamber was of course the bedstead, which probably belonged to the Principal of the hall, while the mattress, the bolster, the blankets, and the sheets, belonged to the occupants If the latter was not 26^-. %d. a year, his clothes at 20s. ^ Ibid. p. 469. a year, and journeys and sundries * Ibid. pp. 52, 346, 46S, 525, 659, at 20s. a year, in all 9/. lo.v. 8c/. j 664, 686. Riley's Memorials of London.^ p. : ^ /Zi/V/. pp. 656, 661, 665. 379- ' ' Ibid. pp. 578, 693. ' Miin. Acad. pp. 468, 528, 547, : ' Ibid. pp. 565,567,579, 583, 61 1, 664. 612, 663 ; Reg. Aaa, ii 251^ 270. - Ibid. j). 46S. STUDENTS' CHAMBERS. 203 very poor, his bed would be adorned with a counterpane, a tester, and a curtain deftly embroidered with flowers, birds, or quaint designs.' Another important piece of furniture was the oaken chest, or coffer, in which he kept his most precious possessions under lock and key.^ Two Masters of Arts are recorded to have owned a table and chair apiece, but the absence of all mention of these and other necessary articles from most of the inventories seems to show that furniture was in part hired from the Principal, from the manciple, or from a townsman.'* The number and nature of the books to be found in the chamber of an Oxford student depended upon his wealth and his special pursuits. The poorer scholars had no books at all, and even among the graduates there was seldom one who could afford to have " at his beddes hed A twenty bookes clothed in black or red Of Aristotle and his philosophic."' Such lists of books as have been preserved tend to prove that the works of the Schoolnien were much commoner than those of the Fathers. Bibles, Missals, Portuaries, and Primers, seem to have been rare, unless indeed they lay in the different chests at St. Mary's, in pledge for loans granted to their needy owners.^ Rosaries of jet were to be seen in the rooms of pious clerks, while lutes, lyres, or hornpipes, betokened the musical tastes of others.^ Chaucer describes Hendy Nicholas as keeping his books and his mathematical instru- ments on shelves above his bed, while on a press covered with red cloth " there lay a gay psalt'ry On which he made at nightes melody, " Mini. Acad. pp. 532,545,565 | Prologue. 567, 579. 583, 611, 612,663. ' 5 Mi(n. Acad. pp. 515, 516, 532, = Ilnd. pp. 515, 566, 579, 612, 546, 561, 566, 577, 579, 582, 583, 613; Reg. Aaa, f. 251. ; 609611, 648, 658, 660, 663, 666, 3 Mill!. Acad. pp. 515, 613. 671. Chaucer. Cantcrbnyy Talcs, ' '^ Ilnd. pp. 515, 579, 584,663. 204 STUDENTS' CHAMBERS. So sweetely, that all the chamber rang : And Angelus ad Vtrginein he sang. And after that he sung the kinges note ; Full often blessed was his merry throat." ' Some of the clerks must hav^e been able to have fires in their private rooms, or they would not have wanted bellows, trivets, gridirons, and tongs. ^ Saws, too, they had, and hatchets, intended primarily for cutting up their firewood, but serviceable also in attacks upon the shops of the burghers. ^ Considering the unsettled state of the country, we need not be surprised at finding that grave Masters of Art had bows and arrows in their rooms, and that swords and daggers were kept ready for use.'^ A candlestick, a pair of snuffers, a pitcher and bowl, a pestle and mortar, and knives, might be seen in some scholars' rooms, and a few of the richer graduates could boast of silver spoons, and inkstands of Parisian metal-\vork. = Within his bedroom, the Principal of a hall generally had a " study," in which he kept his books, his reading-desk, and some stools or forms for the use of his pupils at lecture.^ All the inmates of a hall took their meals together, dinner of course being always served in the forenoon. ^ The amount which each individual contributed towards the common purse of the establishment was known as " commons," and varied from eightpence to eighteenpence a week.^ Extra food obtained from the manciple to be eaten in private was called ' The Millercs Tale. For the I * Ibid. pp. 515, 615, 639, 663, clerk's hymn see Tlic Academy, 1 665. vol. XX. p. 472. ^ Ibid. pp. 515, 525, 560, 579, " Mun. Acad. pp. 515, 546, 613, 584, 647, 660, 664, 683. 664; Reg. Aaa, f. 251. Mr. Mul- | * Ibid.^^. 515, 545. linger (p. 369) states too positively ' Mtin. Acad. pp. 360, 600; that "there was no fireplace and Wright's Domestic Manners, pp. no stove, this luxury being reserved 155, 248, 455, 456. for the hall alone." " Mun. Acad. pp. 75, 457, 469 5 Mun. Acad. pp. 515, -,1-^. 579. '^z{^. GENERAL SOPHISTERS. 205 " battels," ' It is highly probable that some of the halls were specially frequented by natives of particular districts, who thus banded themselves together and gained facilities for disturbing the peace of the University if so inclined.^ At the same time it should be remembered distinctly that in the eye of the law the members of a hall did not form a body corporate, and that the halls had no endowments whatever.3 In the third year of his residence at the University, the student of the liberal arts was allowed to become a " general sophister." As such he was required to attend the logical " variations " that were held " in the parvise " for at least a year, "disputing, arguing, and responding" on sophisms.* The ecclesiastical origin of these disputations is shown by the phrase " in parviso," the parvise being a cloister, paved plat- form, or other open space, immediately adjoining a church. 5 A curious instance of the survival of old names is to be found in the " testamur " or Latin certificate which is nowadays issued by the examiners at " Responsions," to the efifect that a successful candidate has answered to the questions of the masters of the schools " in parvisoT ^ After performing his exercises in the parvise for the prescribed period, the sophister was admitted "to respond to the question," He became a "questionist," though without ' Mioi. Acad. p. 320: Second i a week and known by the name of Report of the Historical MSS. \ Generals. Ayliffe, vol. ii. pp. 117, Commission, p. 139. Cf, Murray's j 118 ; Ward, vol. i. pp. 32 36. New English Dictiottary. ^ See Dii Cange, Littre, Viollet- '' Mutt. Acad. pp. Ixxvi, 590, 714, i le-Duc, and the Glossary of Archi- 725, 734. I lecture, under the words Paradisus, 3 This is still the main distinction Parvis, and Paradise, between a hall and a college. '' The happy recipient of the cer- ^ Mun. Acad. pp. 34, 35, 242, 1 tificategenerallyimagines that these 422, 684, 738, 744 ; Cambridge | words should be translated "for Documents, vol. i. p. 382. In the [ Smalls," or " for Little-go," the eighteenth century, the variations ' familiar names of the examination in the parvise were held three times officially known as " Responsions." 2o6 ACADEMICAL STUDIES. ceasing to be a sophister.' On the payment of a fee, varying in proportion to the amount of his weekly commons, his name was inscribed in a register, as that of a person who had obtained a certain definite rank in the University. The day of his advancement was one of the most important in his academical career. He gave robes to the Master who pro- pounded the question, and he entertained his friends at a feast or drinking-bout.^ If however he had ah'cady spent four whole years in the study of the liberal arts, he might very soon after- wards proceed to the ceremony of "determination," by whicli the degree of Bachelor of Arts was ordinarily obtainable. ^ At Paris, students seem to have been allowed to determine at the early age of fourteen, after attending the schools of logic for only two years, but at Oxford and at Cambridge, if not at Paris itself, the average age of the determiners can scarcely have been less than seventeen or eighteen.'* The course of teaching which they had gone through cannot, un- fortunately, be described with any certainty. It might be plausibly conjectured that the degree of Bachelor implied a knowledge of the Triviniii, and that of Master a knowledge of the Qiiadriviiim, but such a theory finds no support in the mediaeval statutes of the great universities. While grammar and logic were invariably studied before determination, and music, geometry, astronomy, and moral philosophy, after ' The regulations for some of the , //V^;/.f, pp. iv vi, Ixvii. chestsdividethepotential borrowers , ^^ Afu/i. Acad. pp. 242,410,411: into three classes, viz. Masters, Cam. Doc. vol. i. p. 384. In the IJachelors, and sophisters. Mun. \ thirteenth century, the statutes of Acad. pp. 85, 99, 104, 499. Oxford required an interval of about ' Ibid. pp. 156, 247, 410, 455; ' six months between "responding Cam. Doc.\o\.\. p. 384. Cf. Nintli to the question" and "determin- Report of tlic Historical MS S. Com- ing." Midi. Acad. p. 35. mission., i. p. 205. The ceremonies ; Thurot, p. 43 ; Vallet de \'iri- by which sophisters were admitted \ille, Histoire dc l Insiruclion to respond at Cambridge in the I'libliqne, p. 360 ; Mun. Acad. pp. sixteenth and seventeenth centuries 242, 410; Cam. Doc. vol. i. p. 385. are given in Peacock's Ohsci-iUi- DETERMINATION. 207 determination, there was no fixed rule of general obligation as to the time at which rhetoric, arithmetic, and natural and metaphysical philosophy should be studied. Priscian, Donatus, and Terence were the authors most frequently read in the schools of grammar, Porphyry, Boethius, Aristotle, and Petrus Hispanus, in those of logic, and Aristotle again in those of the three philosophies.' The Greek language, it will be remembered, was practically unknown in Western Europe in the later part of the fourteenth century. A short time before the beginning of Lent, four Mas- ters, two Northerners and two Southerners, were elected in Congregation to make arrangements for the ensuing determinations. In their presence every candidate was required to prove, by oath or otherwise, that he had gone through the prescribed course of study, and to produce favourable testimony from Masters or Bachelors of Arts worthy of credit.^ Any one who could do this, and could moreover satisfy them as to his age, stature, and morals, was forthwith admitted to determine, for, as Mr. An^tcy remarks, ' there seems to have been nothing corresponding to our modern plucking!' 3 The formal ceremonies of determination began on the morning of Ash Wednesday, and ended about ten days before Easter.t During the interval between these dates, the determining Bachelor was said to "stand in Lent," in allusion to his posture in school. 5 No determination was accounted valid which did not take place under the super- intendence of a Master of Arts, in one of the thirt\--two ' Mit7i. Acad. pp. 34, 242, 243, or other private place, or to wear 285, 413: Cambridge Doaeincn/s, furred hoods outside their own vol. i. p. 3S5 ; Thurot, p. 45. lodgings for two years to come, by " Mini. Acad. pp. 34, 243, 246, reason of the shortness of their 454; Cam. Doc. as above. stature. Register of the U/iit'ersitv 3 Mun. Acad. pp. Ixxxiv^, 246. ^ 6'-t/^r