The truculent student, however, was often inclined to appeal to force. Master John Hodilbeston, it is recorded in the Acts of the Chancellor’s Court (1434), when accused of a certain offence, was observed to have brought a dagger into the very presence of the Chancellor, contrary to the statutes, “wherefore he lost his arms to the University and was put in Bocardo.” The next case on the list of this mediæval police court is that of Thomas Skibbo. He is not a clerk, but he too finds his way to Bocardo, for he has committed many crimes of violence. Highway robbery and threats of murder were nothing to him, as a scholar of Bekis-Inn comes forward to depose, and, besides, he has stolen a serving boy. After the scholar and the ruffian, the Warden of Canterbury College steps forward. He has come to make his submission to the commissary, whom he had declared to be a partial judge, and whose summons he had refused to obey. Also, he has added injury to insult by encouraging his scholars to take beer by violence in the streets. The commissary graciously accepts his apology and his undertaking to keep the peace in future. The Master of the Great Hall of the University now comes forward. Evil rumours have been rife, and he wishes to clear his character of vile slanders that have connected his name with those of certain women. He brings no charge of slander, but claims the right of clearing himself by making an affidavit. This was the system of compurgation, by which a man swore that he was innocent of a crime, and twelve good friends of his swore that he was speaking the truth. In this case the Master was permitted to clear himself by oath before the commissary in Merton College Chapel, and Mistress Agnes Bablake and divers women appeared and swore with him that rumour was a lying jade. On another occasion the Principal of White Hall wished to prove his descent from true English stock. He insisted on being allowed to swear that he was not a Scotsman. A discreditable rumour to that effect had doubtless got abroad, without taking tangible form. But he was, he maintained, a loyal Englishman. “It was greatly to his credit” doubtless. Qui s’excuse, s’accuse, we are inclined to think in such cases. The appalling penalties which awaited the perjurer probably gave the ceremony some force at one time. But Dr Gascoigne enters his protest in the Chancellor’s book (1443) against the indiscriminate admission of parties to compurgation. National feeling and clan feeling ran high. Gascoigne says that he has known many cases in which people have privately admitted that they have perjured themselves in public. Moreover, he added, no townsman ventures to object to a person being admitted to compurgation, for fear of being murdered or at least maimed. No good end, therefore, can be answered by it.
But what is the cause of Robert Wright, Esquire-Bedel? He has some complaint against the master and fellows of Great University Hall (1456). The Chancellor listens for a moment, and then suggests, like a modern London police magistrate, that they should settle their quarrel out of court. They decide to appoint arbitrators, and bind themselves to abide by their award. The commissary is frequently appointed arbitrator himself, and his award is usually to the effect that one party shall humbly ask pardon of the other, pay a sum of money and swear to keep the peace. Other awards are more picturesque. Thus, when Broadgates and Pauline Halls decided to settle their quarrel in this way, the arbitrators ordered the principals mutually to beg reconciliation from each other for themselves and their parties, and to give either to the other the kiss of peace and swear upon the Bible to have brotherly love to each other, under a bond of a hundred shillings. David Phillipe, who struck John Olney, must kneel to him and ask and receive pardon.
As an earnest of their future good-will, it is often decreed that the two parties shall entertain their neighbours. Two gallons of ale are mentioned sometimes as suitable for this purpose; a feast is recommended at others, and the dishes are specified. As thus:—(1465) The arbiter decides that neither party in a quarrel which he has been appointed to settle, shall in future abuse, slander, threaten or make faces at the other. As a guarantee of their mutual forgiveness and reconciliation, they are commanded to provide at their joint charges an entertainment in S. Mary’s College. The arbiter orders the dinner; one party is to supply a goose and a measure of wine, the other bread and beer.
Many and minute are the affairs of the Chancellor. At one time he is concerned with the taverners. He summons them all before him, and makes them swear that in future they will brew wholesome beer, and that they will supply the students with enough of it; at another he imprisons a butcher who has been selling “putrid and fetid” meat, or a baker who has been using false weights; at another banishes a carpenter for shooting at the proctors, or sends a woman to the pillory for being an incorrigible prostitute or to Bocardo for the mediæval fault of being a common and intolerable scold. Next he fines the vicar of S. Giles’ for breaking the peace, and confiscates his club. Then he dispatches the organist of All Souls’ to Bocardo, for Thomas Bentlee has committed adultery. But the poor man weeps so bitterly, that the Warden of that college is moved to have good hope of the said Thomas, and goes surety for him, and the “organ-player” is released after three hours of incarceration. The punishment of a friar who is charged with having uttered a gross libel in a sermon, and has refused to appear when cited before the Chancellor’s court, is more severe. He is degraded in congregation and banished.
The jurisdiction which we have seen the Chancellor wielding in this court had not been always his, and it was acquired not without dust and heat. At the beginning of the thirteenth century he was both in fact and in theory the delegate of the bishop of the diocese; not the presiding head, but an external authority who might be invoked to enforce the decrees of the Masters’ Guild.
Before that time the organisation of the University extended at least so far as to boast of a “Master of the Schools,” who was probably elected by the masters themselves, and whose office was very likely merged into that of the Chancellor.
As an ecclesiastical judge, deriving his authority from the Bishop of Lincoln, the Chancellor exercised jurisdiction over students by virtue of their being “clerks,” not members of the University. Over laymen he exercised jurisdiction only so far as they were subject to the authority of the ordinary ecclesiastical courts. At Oxford he had no prison or Cathedral dungeon to which he could commit delinquents. He was obliged to send them either to the King’s prison in the Castle, or to the town prison over the Bocardo Gate.
But from this time forward by a series of steps, prepared as a rule by conflicts between town and gown, the office of Chancellor was gradually raised. First it encroached on the liberties of the town, and then shook itself free of its dependence on the See of Lincoln.
The protection of the great, learned and powerful Bishop of Lincoln and the fact that, in the last resort, the masters were always ready to stop lecturing and withdraw with all the students to another town, for the University, as such, had not yet acquired any property to tie them to Oxford, were weapons which proved of overwhelming advantage to the University at this early stage of its existence. Again and again we find that, when a dispute as to police jurisdiction or authority arose between the University and the town, pressure was brought to bear in this way. The masters ceased to lecture; the students threatened to shake the dust of Oxford off their feet; the enthusiastic Grossetete, throwing aside the cares of State, the business of his bishopric, and the task of translating the Ethics of Aristotle, came forward to intervene on behalf of his darling University and to use his influence with the King. The Pope, Innocent IV. (1254), was also induced to take the University under his protection. He confirmed its “immunities and liberties and laudable, ancient and rational customs from whomsoever received,” and called upon the Bishops of London and Salisbury to guard it from evil. Against the combined forces of the Church, the Crown, and the evident interests of their own pockets, it was a foregone conclusion that the citizens would not be able to maintain the full exercise of their municipal liberty.
It was in 1244 that the first important extension of the Chancellor’s jurisdiction was made. Some students had made a raid upon Jewry and sacked the houses of their creditors. They were committed to prison by the civil authorities. Grossetete insisted on their being handed over to the ecclesiastical jurisdiction. As the outcome of this riot Henry III. presently issued a decree of great importance. By it all disputes concerning debts, rents and prices, and all other “contracts of moveables,” in which one party was an Oxford clerk, were referred to the Chancellor for trial. This new power raised him at once to a position very different from that which he had hitherto enjoyed as the mere representative of the Bishop of Lincoln. “He was invested henceforth with a jurisdiction which no Legate or Bishop could confer and no civil judge could annul.” A charter followed in 1248, which authorised the Chancellor and proctors to assist at the assaying of bread and beer by the mayor and bailiffs. On admission to office the latter were required to swear to respect the liberties and customs of the University, and the town, in its corporate capacity, was made responsible for injuries inflicted on scholars. The Chancellor’s jurisdiction was still further extended in 1255. To his spiritual power, which he held according to the ordinary ecclesiastical law and to the civil jurisdiction conferred upon him in 1244, a new charter now added the criminal jurisdiction even over laymen, for breach of the peace. By this charter Henry III. provided that,