While money and books were the twin bases on which the fabric of the University reposed, it is plain that a great institution of the sort would involve the employment of numerous agencies not strictly concerned with the work of instruction, but engaged upon the not less necessary functions of maintaining order and ministering to the needs of the body. All persons so occupied were accounted as "of the privilege of the University," and were subject to the jurisdiction of the Chancellor. From an indenture between the University of Oxford and the Town, dated 1459, we find that the Privilege embraced:
"The Chaunceller, alle doctours, maistres, other graduats, alle studients, alle scholers, and alle clerkes, dwellyng within the precint of the Universite, of what condicion, ordre or degree soever they be, every dailly continuell servant to eny of theym bifore rehersed belonging, the styward of the Universite wyth their menyall men, also alle Bedells with their dailly servants and their householdes, all catours, manciples, spencers, cokes, lavenders, povere children of scolers or clerkes, within the precinct of the said Universite, also alle other servants taking clothing or hyre by the yere, half yere, or quarter of the yere takyng atte leste for the yere vi. shillings and viij. pence, for the half iii. shillings and iv. pence, and the quarter xx. pence of any doctour, maister, graduat, scoler or clerc without fraud or malengyne; also, alle common caryers, bryngers of scolers to the Universite, or their money, letters, or eny especiall message to eny scoler or clerk, or fetcher of eny scoler or clerk fro the Universite for the tyme of such fetchyng or bryngyng or abidyng in the Universite to that entent."
Parchment-makers, illuminators, scribes, barbers, and tailors were also, by convention, members of the Privilege.
Before going farther, it will be well to inquire what is intended by the "precinct of the University." There appears to have been some amount of uncertainty as to the radius included. In 1444 Henry VI. granted authority to the Chancellor to banish any contumacious person from the precinct of the University, which was taken to mean a circuit of twelve miles. On the other hand, on March 17, 1458, David Ap-Thomas swore on the Holy Gospels that he would keep the peace towards the members of the University, would inform the authorities of any plot against them which might come to his knowledge, would not assist in rescuing Richard Lude from prison, and would leave Oxford on the following day, nor presume to come within ten miles of the University for twelve weeks.
The Bedels
Of all the persons named as of the Privilege the bedels, as the executive officers, most distinctly represent its character and extent. The office of bedel was, of course, not confined to the Universities. In London, for example, the wards had their bedels, who were sworn, inter alia, to suffer no persons of ill repute to dwell in the ward of which they were bedels, and to return good men upon inquests. They were also to have a good horn and loud sounding. At Oxford the bedels were bound to make summonses for scholars at their request, and to arrest wrong-doers. The latter duty was naturally attended with some peril; and in 1457, one Richard of the Castle, flying from the hands of Came, Bedel, with drawn dagger, because he refused to go to prison, was banished from the University. Fines also were levied by the bedels, and they played a conspicuous part in the ceremonies of Congregation and similar assemblies. As the position was liable to abuse, they were bound by certain restrictions. Thus, they were forbidden to ask or receive [extraordinary?] fees from inceptors[3] and to carry anything away with them from the feasts at inceptions. They were required to attend funerals, but might not ask for a share of the offerings, nor for any present from the executors of the dead. And they had to give up their maces at the first congregation after Michaelmas, but were eligible for reappointment.
The bedels were of two grades—higher and lower; and the superior bedels were bound by immemorial usage to provide the inferior bedels with board and lodging and ten shillings a year for shoes. In 1337 the latter, on resigning their office in congregation, according to custom, complained that the superior bedels had neglected to furnish them with board. Thereupon the University decreed that the inferior bedels should be granted the option of standing at meals with the superior or receiving a weekly allowance of sevenpence as compensation. This allowance was to be suspended during the absence from Oxford of any inferior bedel, whether occasioned by his own affairs or those of the University. The annual payment of ten shillings for shoes was confirmed. Failure to observe these regulations subjected superior bedels to the loss of their office when the time came for the maces to be resumed.
The question will naturally arise—From what source, or sources, did the superior bedels obtain the means not only to provide for their necessities, but also to feed, house, and, to some extent, clothe their hungry and dissatisfied dependents? Light is thrown upon this subject in a way which shows that the superior bedels themselves may not have been without a grievance. At any rate, about seventy years later—in 1411—an ordinance draws attention to omissions on the part of the students, evidently inconvenient at the time, in the following words:
"The charity of students has in these latter days grown cold, so that they no longer make collections for the Doctors and Masters of their several faculties, nor make due presents to the Bedels; therefore it is decreed that henceforth all scholars, on receiving notices from a Doctor, Master, or Bedel of their respective faculties shall pay regular contributions according to the ancient statutes on pain of losing the current year of their academical course, and of forfeiting their privilege; and all principals of halls, at the notice of the Doctors, Masters, or Bedels, shall within a month from the commencement of such collection, take care that the members of their societies contribute, and send in the names of those who fail to do so to the Chancellor under a penalty of twenty shillings: and every Doctor or Master shall pay the Bedel honestly within a month from the commencement of the collection."
From a notice of the year 1432 it transpires that the bedels received one-twelfth of all fines inflicted for misdemeanours; and, in 1434, prior to the admission of inceptors, the Chancellor announced that each inceptor would be required to pay the ordinary fee of thirty shillings and a pair of buckskin gloves for each bedel, or, in lieu of gloves, five shillings to be divided among the bedels. Two licentiates protested against such payment, stating that it was contrary to the statutes, whereupon an inquiry was held, by which it was established that these fees had been paid to the bedels from time immemorial and were therefore due.
The appointment of the bedels rested with the Regent Masters, and was one of their most jealously guarded prerogatives. Mention has been made of John Came, who for many years held the office of bedel. When he was elected, in 1433, by four Regent Masters and the two Proctors in congregation, an attempt was made by the Chancellor and the Doctors of the four faculties to substitute a nominee of their own, one Benedict Stokes, on the ground that they were the senior members of the University, and represented a majority of their faculties. Realizing that the supremacy of the Faculty of Arts was menaced, the Proctors resisted this claim and demanded the admission of Came, with the result that the Chancellor reluctantly gave way. An appeal was entered by Richard Cauntone, a doctor of laws, and the candidate, Benedict Stokes, but three days later was renounced by both of them as frivolous, and their cautions were forfeited. Even then the matter did not end. Two days afterwards, information came to the Proctors that one of the doctors had given his scholars to understand that the election would have been invalid but for a vote recorded by a doctor. Thereupon the Proctors, in order to settle the question once for all, summoned a congregation, by which it was determined that the phrase "major part" imported a numerical majority.
The election of bedels was conducted in the same way as that of the Chancellor. Every such election was preceded by three proclamations made within eight "legible" days after the office had become vacant.
The relations between the University and the Town will be dealt with presently. Here it may be noticed that the bedels exercised some control over the proceedings of the townsmen which concerned the interests of students. As an illustration, when the goods and chattels of Harry Keys, a scholar, which had been left in the house of Thomas Manciple, were "presyd" betwixt Thomas Smyth and Davy Dyker, the valuers were sworn before John Wykam, Bedel.
If the bedels, as public officials, were necessarily and conspicuously of the Privilege, the remark is not less true of those humbler functionaries, the personal attendants of the scholars. As we have seen, the payment of the bedels depended in part on collections, and the gains of the scholars' servants were derived from the same source. Every master was compelled by statute to exact contributions from his scholars at the end of term at what was called "collection." At the present time the expression is applied to terminal examinations, and this use of it originated from the circumstance that fees were paid by the scholars varying in accordance with the subject of study. For grammar the statutable amount was eightpence, for natural philosophy fourpence, and for logic threepence per term, and it was usual to reckon four terms to the year. To each scholar were allotted two servants—a superior and an inferior; the former receiving threepence, and the latter one penny per term. There was no evading these charges; even the poorest student had to pay "scot and lot" towards the support of both classes of menials, some of whom were doubtless better off than himself. The division of these servants into orders, resembling those of the bedels, has descended to modern days, most Oxford colleges having their upper and under "scouts." This, it has been well observed, "is a curious instance of the vitality of insignificant customs, which exist while the greater give place to new."
At the commencement of the chapter, a list was furnished of various occupations—more or less connected with the work of the University—the professors of which were regarded as of the Privilege. The term "privilege," in this and similar contexts, denotes administrative autonomy and special jurisdiction; and members of these trades were amenable to the Chancellor, while the Chancellor had to answer for their good behaviour to the King and Parliament. In the Middle Ages the Chancellor was not, as he is to-day, a permanent and ornamental figure-head, the duties properly pertaining to the office being discharged by the Vice-Chancellor. He was the active and dominant centre of University life, and, as such, took cognizance of numerous details which would now be deemed too petty, and even ridiculous, for a personage of his dignity and importance. So great, however, was the pressure of judicial and other business that it was necessary that he should be relieved of part of the burden, and thus we often find commissaries sitting in his room and stead.
The Ministry of Trade
The powers of the Chancellor were very considerable. They did not extend to questions of life or death, but he could fine, he could imprison, he could banish, and, being an ecclesiastic, he could excommunicate; and these methods of reproof and coercion were constantly employed by him as ex-officio justice of the peace and censor of public morals. The privilege of the University was of a dual nature. It protected the scholars in any court of first instance but a University court; on the other hand, the University obtained full control over its scholars, who were forbidden to enter a secular court. Litigants were allowed to appeal, and very frequently did appeal, from the Chancellor's decision to Congregation, and, if they were still not satisfied and the matter was sufficiently grave, to the Pope—that is, in spiritual causes. In temporal causes an appeal lay to the higher tribunals of the realm and the King. The Chancellor, also, might appeal to the King, invoking the secular arm in cases where the voice of the Church proved ineffectual in dealing with rebellious subjects, and the letter addressed to the sovereign for this purpose was called, in technical language, a significavit.
Sometimes the King, moved perhaps by a petition from his lieges in one or other of the University towns, admonished the Chancellor to be more alert in the performance of his duty. In June, 1444, the head of the University of Oxford was in receipt of the following missive from Henry VI.:
"Trusty and welbeloved, we grete you wel, and late you wyte that we have understanden by credible report of the greet riotts and misgovernance that have at diverse tymys ensued and contynelly ensue by two circuits used in oure Universite of Oxon in the vigile of St. John Baptist and the Holy Apposteles Peter and Paule to the gret hurt and disturbance of the sad and wol vituled personnes of the same Universite, wherefore We, wolling such vices and misgovernaunce to be suppressyd and refused in the said Universite and desiring the ease and tranquillite of the said peuple in the same, wol and charge you straitly that ye see and ordeyne by youre discretione that al such vices and misgovernaunce be left and all such as may be founde defective in that behalve be sharply punished in example of all other; and more over We charge you oure Chancellor, to whom the governance and keeping of our paix within oure said Universite by virtu of our privilege roial is committed that in eschewing of all inconvenience, ye see and ordeyne that oure paix be surely kepe within oure Universite above said, as wel in the saide vigiles as at all other tymes; and for asmuch as We be enformed that the sermons in latin which ever before this tyme, save now of late, be now gretly discontynued, to the gret hurt and disworship of the same, We therefore, desiring right affecturusely the increse of vertu and cunning in oure said Universite, wol and commande you straitly that ye with ripe and suffisant maturite, advise a sure remede in that party, by the which such sermons may thereafter be continued and inviolably observed, wherein ye shal do unto Us right singulier pleisir.—Geven under oure signet at Farneham the 20 day of Juyn."
The reader will no doubt be interested to learn the occasion of this reprimand. The concluding portion invests it with a somewhat general character, and may be interpreted as pointing to a lamentable decline from a previous high standard of piety and learning, which only incessant preaching was calculated to rectify. Neglecting this postscript, it is pretty evident that the scandal arising from the observance of vigils was produced by the inconsiderate carousals of craftsmen included in the Privilege, and was therefore obnoxious to the magisterial notice of the Chancellor. It will be sufficient to refer to the riots on the Eve of St. John Baptist.
As was the custom in medi?val towns, different trades had different stations assigned to them, and the tailors, who must have driven a flourishing business in caps and gowns, had their shops in the north-west ward of St. Michael's Parish. In ancient days these satellites indulged at certain seasons—more particularly on the Eve of St. John Baptist—in unseemly demonstrations. They waxed very jovial, and, after eating, drinking, and carousing, "took a circuit" through the streets of the city, accompanied by sundry musicians, and "using certain sonnets" in praise of their profession and patron. As long as they kept within these limits there seems to have been no complaint, but the thing increased more and more. People were disturbed and alarmed, the watch beaten, and from blows the outrageous tailors passed to murder. And so it came about that their revelling, with the "circuit" of another profession on the Eve of St. Peter and St. Paul, was prohibited first by Edward III. and then by Henry VI. in the letter above cited.
Another trade closely associated with the University was that of the barbers. In the twenty-second year of Edward III. (1348) the whole company and fellowship of the barbers within the precincts of Oxford appeared before the Chancellor and announced their intention of "joining and binding themselves together in amity and love." They brought with them certain ordinances and statutes drawn up in writing for the weal of the craft of barbers, and requested the Chancellor to peruse and correct them, and, afterwards, if he approved, attach to them the seal of the University. The regulations having been seriously considered by the Chancellor, the two proctors and certain doctors, it was resolved to comply with the petition on the day following and constitute the barbers a society or corporation.
The first article stipulated that the said craft should, under certain penalties, keep and maintain a light before the image of our Lady in our Lady's Chapel, within the precincts of St. Frideswyde's Church; the second, that no person of the said craft should work on a Sunday, save on market Sundays and in harvest-time, or shave any but such as were to preach or do a religious act on Sunday all through the year; while a third provided that all such as were of the craft were to receive at least sixpence a quarter from each customer who desired to be shaved weekly in his chamber or house. One shave per week does not coincide with our modern notions of what is attractive and presentable in the outer man, but the same rule prevailed at Cambridge. The statutes of St. John's College in the latter university affirmed: "A barber is very necessary to the college, who shall shave and cut once a week the head and beard of the Master, Fellows, and Scholars, as they shall severally have need."
In the statutes of New College, Oxford, there is an injunction against the mock ceremony of shaving on the night preceding magistration. It is called a ludus (or play), and is believed to have been affined to the ecclesiastical mummeries so popular in the Middle Ages, in one of which the characters were a bishop, an abbot, a preceptor, and a fool shaved the precentor on a public stage erected at the west end of the church. There was also a species of masquerade celebrated by the religious in France, which consisted in the display of the most formidable beards; and it is recorded by Gregory of Tours that the Abbess of Poitou was accused of allowing one of these shows, called a Barbitoria, to be held in her monastery.
The only men of religion permitted to wear long beards ............