Oxford (England) -- History; University of Oxford -- History
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.
Public-domain text, read in full here on John Shaqi.
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