The head of the scholastic body was the chancellor, who was an officer of the diocesan bishop—in the case of Oxford, the bishop of Lincoln. From him those who had reached a certain degree of proficiency in the schools received their license to become teachers in their turn; and it was an established rule that all who had attained the rank of Master or Doctor should devote themselves for a certain time to the work of instructing others. They gave their lectures how and where they could, in cloister or church-porch, or in their own wretched lodgings, their pupils sitting literally at their feet, huddled all together on the bare ground; their living depended solely on their school-fees, and these were often received with one hand only to be paid away again with the other, for many an ardent young teacher of logic or rhetoric was, like John of Salisbury and Gerald de Barri, at one and the same time giving lectures in these arts to less advanced scholars and pursuing his own studies under some great doctor of theology. The course of study was much the same everywhere. From the fifth century downwards it had consisted of two divisions, trivium and quadrivium. Under the former head were comprised Grammar, defined by an early teacher as the art of “writing and reading learnedly, understanding and judging skilfully;”[2226] Dialectics, including logic and metaphysics; and Rhetoric, by which were meant the rules and figures of the art, chiefly derived from Cicero. The Quadrivium included Geometry, not so much the science now known by that name as what we call geography; Arithmetic, which in the middle ages meant the science of mystical numbers; Music, in other words metre and harmony; and Astronomy, of course on the Ptolemaic system, although as early as the fifth century a theory had been put forth which is said to have given in after-days the clue to Copernicus.[2227] There was a separate faculty of Theology, and another of Law. Between these different faculties there seems to have been a good deal of jealousy. The highest authorities of the Western Church, while encouraging by every means in their power the study of the canon law, set their faces steadily against the civil law of imperial Rome; the “religious” were over and over again forbidden to have anything to do with it: and on the continent the two branches of the legal profession were followed by different persons. As, however, the procedure of the canon law was founded upon that of the Theodosian code, the English clerical lawyers in Stephen’s time and in Henry’s early years found their account in combining the two studies; by degrees both together passed out of the hands of the clergy into those of a new class of lay lawyers; and in later days, while on the continent the canon law fell into neglect with its exclusively clerical professors, in England it was preserved by being linked with the civil law under the care of lay doctores utriusque juris.[2228]

Theology had, however, a yet more formidable rival in the schools of logic. The text-book commonly used in these schools was a Latin translation, made by Boëthius in the sixth century, of part of Aristotle’s treatise upon logic. Early in the twelfth century the natural philosophy of Aristotle was in some measure rendered accessible to western students through translations made by travelled scholars such as Adelard of Bath from Arabic versions which they had picked up in the schools of Salerno or of the remoter East. Of the “Ethics” nothing was known save a few fragments imbedded in the works of Latin writers, until a hundred years later, when they found their way back to Europe, probably in the train of the returning crusaders, and certainly in a very strange shape—that of a Latin translation from a Hebrew version of what was, after all, nothing more than an Arabic commentary founded upon a Syriac version of the original Greek text.[2229] Garbled as it was, however, this new Aristotelian lore revolutionized the schools of western Christendom by laying open to them wholly new fields of criticism and speculation. The spirit of free inquiry in which Adelard had begun to deal with physical science invaded every region of intellectual thought and knowledge, while the spread of legal studies helped to the invention of new methods of argument and disputation. In vain did Peter Lombard, in the famous book which gained for him his title of “Master of the Sentences,” strive to stem the rising tide and counterwork the influence of the rationalizing dialecticians by applying to the purposes of theology the methods of their own favourite science. The “Sentences” remained the accepted text-book of theology down to the cataclysm in the sixteenth century; but their effect was precisely the opposite to that which their author had desired.[2230] The endless “doubtful disputations,” the hair-splittings, the “systems of impossibilities,” which had already taken possession of the logic-schools in John of Salisbury’s day, were even more irritating to the practical mind and impetuous temper of Gerald de Barri. They were in fact ruining both theology and letters. “Our scholars,” Gerald complains, “for the sake of making a shew, have betaken themselves to subjects which rather savour of the quadrivium:—questions of single and compound, shadow and motion, points and lines, acute and obtuse angles—that they may display a smattering of learning in the quadrivium, whereof the studies flourish more in the East than in the West; and thence they have proceeded to the maintaining of false positions, the propounding of insoluble problems, the spinning of frivolous and long-winded discourses, not in the best of Latin, hereby holding up in their own disputations a warning of the consequences ensuing from their abandonment of the study of letters.”[2231] Yet it was from those very schools that Gerald himself, and men like him, had caught the fearless temper, the outspoken, unrestrained tone, in which they exposed and criticized not only every conspicuous individual, but every institution and every system, alike in the world and in the Church of their day. The democratic spirit of independence which had characterized the strictly clerical reformers of an earlier day had passed from the ranks of the priesthood into those of the universities, and had taken a mightier developement there. It was mainly through them that the nation at large entered in some degree into the labours of Theobald and his fellow-workers; it was they themselves who entered into the labours of Thomas Becket. A large proportion of both students and teachers—a proportion which grew larger and larger as time went on—were laymen; but an inveterate legal fiction still counted them all as “clerks.” The schools had grown up under the wings of the Church, and when they reached their full stature, they were strong enough both to free themselves from the control of the ecclesiastical authorities and to keep the privileges for which the clergy had fought. A priest of the English Church in our own day is as completely subject to the ordinary law of the land as any of his flock; but the chancellor’s court of the University of Oxford still possesses sole cognizance over all causes whatsoever, in all parts of the realm, which concern any resident member of the University.[2232]

Not the universities, however, but the towns, were the true strongholds of English freedom. The struggle of the English towns for municipal liberty which we have seen beginning under Henry I. was renewed under Henry II. and Richard with increased vigour and success. Henry Fitz-Empress was far too clear-sighted a statesman to undervalue the growing importance of this element in English social and political life. Most of his town-charters, however, date from the earlier years of his reign, and scarcely any of them contain anything more than a confirmation of the liberties enjoyed in his grandfather’s time, with the addition in some cases of a few new privileges, carefully defined and strictly limited.[2233] In the great commercial cities, where the municipal movement had probably received a fresh impulse from the extension of trade and intercourse with the continent which was a natural consequence of Henry’s accession to the crown, the merchant-gilds soon began openly to aim at gathering into their own hands the whole powers of local government and administration, and acquiring the position of a French “commune.” The French kings encouraged the growth of the communal principle as a possible counterpoise to the power of the feudal nobles; Henry, who had little need of it for such a purpose, saw the dangers which it threatened to his system of government and held it steadily in check. In 1170 Aylwine the Mercer, Henry Hund and “the other men of the town” paid a heavy fine to the treasury for an attempt to set up a commune at Gloucester;[2234] six years later one Thomas “From-beyond-the-Ouse” paid twenty marks for a like offence at York.[2235] Owing to the close connexion between the organization of the commune and that of the gilds, every developement of this latter institution also was watched by the Crown with jealous care; in 1164 the burghers of Totnes, those of Lidford and those of Bodmin were all fined for setting up gilds without warrant from the king;[2236] and in 1180 no less than eighteen “adulterine gilds” in London met with a similar punishment.[2237] Once established, however, they seem to have been permitted to retain their existence, for in the first Pipe Roll of Richard we find them again paying their fines “as they are set down in the twenty-sixth Roll of King Henry II.”[2238] A bakers’ gild in London, a weavers’ gild at Nottingham, one of the same craft and another of fullers at Winchester, make their appearance as authorized bodies at the opening of Henry’s reign;[2239] among the “adulterine gilds” of London were those of the butchers, goldsmiths, grocers, clothiers and pilgrims.[2240] The golden days of English borough-life, however, began with the crowning of Henry’s successor. “When History drops her drums and trumpets and learns to tell the story of Englishmen”—as he who wrote these words has told it—“it will find the significance of Richard, not in his crusade or in his weary wars along the Norman border, but in his lavish recognition of municipal life.”[2241] In his first seven years alone, we find him granting charters to Winchester, Northampton, Norwich, Ipswich, Doncaster, Carlisle, Lincoln, Scarborough and York. Some of these towns were only beginning their career of independence, and were content with the first step of all, the purchase of the firma burgi; some bought a confirmation of privileges already acquired; Lincoln in 1194 had got so far as to win from the king a formal recognition of its right to complete self-government in a clause empowering its citizens to elect their own reeve every year.[2242] King of knights-errant and troubadours as he seemed, Richard, it is plain, could read the signs of the times as clearly and act upon their warnings as promptly and as wisely as any of his race; and we may be very sure that this bold advance upon his father’s cautious policy towards the towns was dictated by a sound political instinct far more than by the mere greed of gain. John went still further in the same direction; the first fifteen years of his reign afford examples of town-charters of every type, from the elementary grant of the firma burgi and the freedom of the merchant-gild to the little Cornish borough of Helston[2243] up to the crowning privilege bestowed upon the “barons of our city of London” in 1215, of electing their own mayor every year.[2244]

From the charter of Henry I. to the establishment of the commune under Richard the constitutional history of London is shrouded in obscurity. The charter granted by Henry II. to the citizens, some time before the end of 1158, is simply a confirmation of his grandfather’s.[2245] During the first fifteen years of his reign two sheriffs of London appear annually in the Pipe Rolls; in 1171 there were four, as there had been in the thirty-first year of Henry I.; but in the twentieth year of Henry II., 1171, we find that their number was again reduced to two; and from 1182 onwards there seems to have been only one, till at Michaelmas 1189 the accounts were rendered by Richard Fitz-Reiner and Henry of Cornhill, both of whom continued in office till 1191.[2246] In that year, as we have seen, the commune won its legal recognition from John and Archbishop Walter of Rouen as representatives of the absent king;[2247] and although the charter which Richard issued to the citizens of London, shortly before his final departure from England in 1194, is a mere echo of his father’s,[2248] yet the existence of the new corporation is thenceforth a recognized fact. John’s first charter to London was issued from Normandy six weeks after his crowning. It renewed the old grant of the sheriffdom of London and Middlesex, with all rights and customs thereunto belonging, to the citizens and their heirs, to have and to hold of the king and his heirs for ever. They were to appoint as sheriffs any of their own number whom they might choose, and to remove them at their pleasure; and for this privilege they were to pay, through the said sheriffs, three hundred pounds a year to the Treasury.[2249] The establishment of the commune had reduced the sheriffs to the rank of mere financial officers, and the real head of the civic administration was the mayor. The first mayor of London, Henry Fitz-Aylwine, retained his office for life; and his life extended beyond the limits of our present story. Yet the true significance of that story is strikingly illustrated by the next step in the history of London, a step which followed two years after Fitz-Aylwine’s death. On May 9, 1215, John granted to the “barons of the city of London” the right of annually electing their mayor.[2250] Five weeks later the barons of England compelled him to sign, in the meadows of Runnymede, the Great Charter which secured the liberties not of one city only but of the whole English people; and among the five-and-twenty men whom they chose from among themselves to enforce its execution was Serlo the Mercer, mayor of London.[2251]

Little, indeed, as the burghers themselves may have dreamed of any such thing, the highest importance of their struggle for municipal liberty lies in this, that its fruits were to be reaped by a far larger community than was inclosed within the town-walls. It was from the burghers that their brethren in the rural districts caught once more the spirit of freedom which ages of oppression had well-nigh crushed out of their hearts. “‘Ketel’s case’” at Bury S. Edmund’s—the case of a tenant of the abbey who, dwelling “outside the gate,” was hanged for a theft of which he had been found guilty by the Norman process of the judicial duel usual in the manor-courts, and over whose fate the townsmen, rejoicing in the Old-English right of compurgation which they still retained, grew so bitterly sarcastic that the abbot and the “saner part of the convent” were driven by terror of a peasant revolt to admit their rural tenants to a share in the judicial franchise of the town[2252]—was in all probability only one out of many. The history of this same abbey of S. Edmund’s shews us how even the villeins were rising into a position more like that of their free brethren, how the old badges of serfdom, the heavy labour-rents, the hard customs, were vanishing one by one, and how in this process of enfranchisement the boroughs led the way.[2253] “The ancient customs belonging to the cellarer’s office, as we have seen them”—that is, as Jocelyn of Brakelond, who was a monk of S. Edmund’s from 1172 to 1211, had seen them in the old custom-roll of the house—“were these: The cellarer had his messuage and barn by the well of Scurun, where he solemnly held his court for the trial of thieves and of all pleas and quarrels; and there he received the pledges of his men, and enrolled them, and renewed them every year, and got gain by it, as the reeve did in the portmannimot. This messuage was the homestead of Beodric, who of old time was lord of this township, whence it was called Beodricesworth; whose demesne lands are now in the demesne of the cellarer; and what is now called the aver-land was the land of his rustics. Now the sum of his tenements and those of his men was three hundred and thirty acres, which are lands still belonging to the township, whereof the services, when the town was made free, were divided into two parts; so that the sacristan or the reeve should receive the quit-rent, that is, twopence on every acre; and the cellarer should have the ploughings and other services, that is, the ploughing of one rood for every acre, without food (which custom is observed still); he was also to have the folds wherein all the men of the township (except the seneschal, who has his own fold) were bound to put their sheep (this custom, too, is observed still). He was also to have the aver-penny,[2254] that is twopence for every thirty acres; this custom was changed before the death of Abbot Hugh (1180). For the men of the township had to go at the cellarer’s bidding to Lakenheath, to fetch a load of eels from Southrey, and often they came back with their carts empty, and so they had their trouble without any benefit to the cellarer; wherefore it was agreed between them that every thirty acres should pay a penny a year, and the men should stay at home. At the present time, however, these lands are so cut up that scarcely anybody knows from whom the payment is due; so that whereas I have seen the cellarer receive twenty-seven pence in a year, now he can hardly get tenpence farthing. Moreover, the cellarer used to have control over the roads outside the township, so that no one might dig chalk or clay without his leave. He was also wont to summon the fullers of the township to lend cloths for carrying his salt; otherwise he would forbid them the use of the waters, and seize whatever cloths he found there; which customs are observed unto this day.” “Moreover the cellarer alone ought, or used, to have one bull free in the fields of this township; but now several persons have them.” “Moreover the cellarer used to warrant those who owed service to his court, so that they were exempt from scot and tallage; but now it is not so, because the burghers say that those who do service at the court ought to be exempt for their service, but not for the burgage which they hold in the town, and forasmuch as they and their wives do publicly buy and sell in the market.”[2255] After the affair of Ketel, in fact, the cellarer’s court was merged in that of the town; “it was decreed that his men should come to the toll-house with the others, and there renew their pledges, and be written in the reeve’s roll, and there give to the reeve the penny which is called borth-silver, and the cellarer should have half of it (but he gets nothing at all of it now); and all this was done, that all might enjoy equal liberty.”[2256]