It would appear that at Oxford in the fourteenth century the office of alms-collector was held by one of the brethren. This conclusion, however contrary to the spirit and letter of the statutes, seems warranted by a remarkable legal document of the year 1341[601]. It is the record of a suit in the Hustings Court, in which Friar John of Ochampton, Warden of the Friars Minors at Oxford, ‘through Friar John de Hentham his attorney,’ charged ‘Richard de Whitchford minor[602],’ with refusing to render an account of the sums received by him when he was ‘receiver of pence of the said warden,’ and with embezzling sixty shillings or more, which he obtained from various people on the Monday after the feast of St. Michael, 1340. Two of the sums are specified, namely, one mark by the hands of Richard, servant of John de Couton, and 12s. by the hands of Thomas of London. The Warden claimed to have suffered loss to the extent of one hundred shillings; Richard de Whitchford could not deny the receipt of the money, but on his request the court appointed two auditors, Richard Cary and John le Peyntour; to these he rendered an account, and was found to be sixty shillings in arrears; ‘and,’ the record continues, ‘as he cannot make satisfaction he is committed to prison.’
In the fifteenth and sixteenth centuries the Oxford friars sometimes employed laymen to represent them in the courts[603]; sometimes the Warden appeared in person[604], but most of the legal business in the Chancellor’s court at Oxford was undertaken by one of the brethren. From 1507 or before, to the Dissolution, this duty was entrusted to Friar Brian Sandon. His name does not occur in the University Register, and he was, though a priest[605], probably not a student; indeed, his administrative business would hardly have left him time for other occupations. Between 1507 and 1516 and between 1527 and 1534, he appears as plaintiff or defendant in some fifteen suits in the Chancellor’s court[606]. Some of these afford glimpses into the life of the friars. On the 26th of March, 1512[607], Father Brian instituted an action against John Morys, his proctor, alleging that the latter
‘did not according to the convention before entered into between the said friar and John Morys, bring corn to the house of the friars minors;’
and on April 5th John Morys was committed to prison ‘at the instance of the provost (preposeti) of the friars minors for a debt[608].’
But if the friars did not grow corn, they seem to have made use of their meadows as pasture land. On the 20th of May, 1529[609], Friar Brian sued Margery, widow of John Lock, for 7s. 8d.,
‘for certain cheeses which the husband of the said Margery bought from the aforesaid Brian Sanden.’
Eventually the case was submitted to the arbitration of William Clare the elder, and Edmund Irishe, bailiffs of Oxford, with the addition of a third if necessary, each party binding itself to abide by the decision of the majority under penalty of 40s., in case of disagreement, to be paid to the party willing to accept the judgment.
While these and similar actions were instituted by Brian in fulfilment of the duties of his position, he was undoubtedly engaged in others of a private nature. At one time he acts as attorney for a priest[610]. At another he is charged with wrongfully keeping a knife, the property of dominus Galfred Coper[611]. In 1531[612] he had a dispute with his tailor and appealed to the law, alleging
‘that, whereas he had given to William Gos[613], tailor, three yards and three quarters of woollen cloth to make him a habit, the said Gos had purloined one quarter of a yard, and that in consequence his clothes were too short (nimis brevem et succinctam).’
Brian having declared on oath that he had supplied the above-mentioned amount of cloth, Gos promised to give him 14d. as satisfaction for the missing quarter of a yard. But later in the day he again appeared and charged the friar with perjury. After some more recriminations an agreement was come to out of court, and we hear no more of the habit.