"Item, Master, especially shall you swear that you will not hinder, as between Australs and Boreals, peace, concord, and affection; and if there shall have arisen any dissension between them, as between diverse nations, which in truth be not diverse, you will not foment or kindle it to the utmost, nor must you be present at assemblies, nor tacitly or expressly consent to them, but rather hinder them in such ways as you shall be able."
By the same statute the University was bound to intimate to the diocesan the names of all persons, whether Masters or others, who should disturb the peace of the University, and particularly as between the Northern and Southern students.
In 1428 fresh legislation was found to be necessary, and took the following form:
"Whereas there is no better way of punishing the disturbers of the peace than by a pecuniary fine, which in these days is more dreaded than anything else, therefore the following graduated scale of fines is put forth by the University. For threats and personal violence, twelve pence; for carrying of weapons, two shillings; for pushing with the shoulder or striking with the fist, four shillings; for striking with a stone or club, six shillings and eightpence; for striking with a knife, dagger, sword, axe, or other weapon of war, ten shillings; for carrying of bows and arrows, twenty shillings; for gathering of armed men and conspiring to hinder the execution of justice, thirty shillings; for resisting the execution of justice, or going about by night, forty shillings. And no Master or scholar shall take part with any other because he is of the same country, nor against him because he is of a different country; and if he be convicted of doing so, he shall incur an additional penalty graduated according to his pecuniary circumstances."
That the scholars indulged freely in the pleasant custom of hunting may, after this, be almost taken for granted. In a petition of the year 1421 complaint was made against them that they hunted with dogs and harriers in divers warrens, coningries, parks, and forests in the counties of Oxford, Berks, and Bucks, night and day, taking deer, hares, and rabbits, and menacing the wardens and keepers. Sometimes they contrived to combine their love of hunting with their love of street-fighting, as on the memorable occasion in Queen Elizabeth's reign, when the Magdalen men went deer-stealing in Shotover Forest, and one of them was sent to prison by Lord Norris, the Lord Lieutenant of the county. In revenge, the next time my Lord came to Oxford they set upon him at the Bear Inn, and, in the skirmish, several of the scholars were hurt, and "Binks," his lordship's keeper, sustained a severe wound. The Vice-Chancellor, intervening at this juncture, ordered the scholars to be confined to the college, while Lord Norris was requested to quit the University. Thereupon the former "went up to the top of their tower, and waiting till he should pass by towards Ricot, sent down a shower of stones they had picked up upon him and his retinue, wounding some and endangering others of their lives. It is said that upon the foresight of this storm divers had got boards, others tables on their heads to keep them from it, and that if the Lord had not been in his coach or chariot, he would certainly have been killed." In the sequel, the culprits were banished, and the Lord Lieutenant placated, albeit "with much ado by the sages of the University."
How on earth serious study could be pursued amidst these perpetual broils, to the engendering of which so many prejudices contributed, would be an insoluble mystery but for the probability, suggested by experience of University life in our own day, that the disturbances were confined, in the main, to the wilder spirits, though it may well be that occasionally peaceable persons were sucked into the vortex by the accident of their being abroad at the time, and on the scene of the affray, where their pacific character would receive scant consideration from the angry combatants. Esprit de corps also was a powerful incentive to action, and one from which even Masters were not exempt. To this must be added that the course of study itself seemed expressly devised to foster the belligerent temper. The air was laden with the breath of strife, as the Cambridge term "wrangler," which has survived to our day, plainly testifies.
The Highway of Learning
Let us follow the "poor boy," a technical expression at Oxford, through the stages of his academic career in that University. At the outset two courses were open to his parents or guardians: either he might be sent to a religious foundation like Durham College, where he would be under no obligation to take vows, but an oath would be required of him to honour the monks and assist the electing Church, to whatever station of life it might please God to call him. Or, as was infinitely more usual, he might be settled in a secular school of grammar in charge of a recognized master.
Before the rise of colleges, the vast majority of scholars resided in halls, some of which were kept by laymen. In 1421 the King, incensed at the constant breaches of the peace, commanded that all scholars and their servants should be under the governance of some sufficient principal approved by the Chancellor and Proctors, and should not be suffered to abide in laymen's houses. In 1432 a statute set forth that, whereas the principals of halls, fearing to lose their profits, did not punish the members of their societies, still less did they dismiss them, when it was their duty to do so; nay, even provoked disturbances—the consequence, it was believed, of illiterate persons and non-graduates keeping halls—it was ordained that henceforth all principals and their deputies must be graduates. In the preamble of another statute of the same date it was complained that grave crimes were committed by so-called scholars, who, nefando nomine "chamberdekenys," lived in no hall, but slept away their days, and passed their nights in riot and debauchery, crime and violence. This irregularity it was found difficult to suppress, for on May 13, 1447, two persons feigning to be scholars and guilty of violence, having been summoned according to law throughout the schools and not appearing, were banished. The form of banishment was as follows: "A, B, C, D, frequently convicted of a monstrous disturbance of the peace, and, according to the manners and forms accustomed to be observed in this University, duly cited, publicly cried, lawfully awaited, and in no wise appearing, but contumaciously refusing to obey the law, alike on account of their contumacies and offences we do ban from this University, and from neighbouring places, admonishing firstly, secondly, and thirdly, peremptorily, that none do receive, cherish, or protect the aforesaid A, B, C, D, on pain of imprisonment and the greater excommunication to be fulminated not unjustly against all who contravene."
Matriculation involved nothing more than an oath to keep the peace, which oath had to be taken also by the servant of the scholar, supposing him to have one. If the scholar chose a non-graduate teacher, he was compelled to enter his name in the books of some master of arts, and neglect to fulfil this requirement subjected the delinquent to the loss of the protection and privileges of the University tam morte quam in vita. At the commencement of every term as well as at the end, and at other times, when need was, the grammar masters held a convenite for the purpose of arranging the course of study. Each of them had to obtain a licence, and, as a test of his qualifications, he submitted to an examination in versification, dictation, and so forth, lest, as the statute quaintly expresses it, the language of Isaiah should be verified—Multiplicasti gentem, non auxisti lætitiam.