The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
Not only were questions of public policy and "constitutional usage"
determined by the Chancellor's court, but delinquents of all
descriptions were brought up for judgment. Here we shall do well to
remember that this was an ecclesiastical court, and therefore offences
against good morals as well as the law of the land were dealt with. A
person unjustly defamed as guilty of incontinence could clear himself by
a voluntary process of compurgation--that is, by the sworn testimony of
reputable friends. If, unhappily, he was guilty, he might rehabilitate
himself by formally abjuring his indiscretions. Both scholars and others
of the Privilege frequently appeared before the Chancellor in the
character of penitents. In 1443 a certain Christina, laundress of St.
Martin's parish, swore that she would no longer exercise her trade for
any scholar or scholars of the University, because under colour of it
many evils had been perpetrated, wherefore she was imprisoned and freely
abjured the aforesaid evils in the presence of Master Thomas Gascoigne,
S.T.P., the Chancellor. In 1444 Dominus Hugo Sadler, priest, swore on
the Holy Gospels that he would not disturb the peace of the University,
and would abstain from pandering and fornication, on pain of paying five
marks on conviction. In this case four acted as sureties, singly and
jointly. In 1452 Robert Smyth, _alias_ Harpmaker, suspected of adultery
with Joan Fitz-John, tapestry-maker, dwelling in the corner house on the
east side of Cat-strete, abjured the society of the same Joan, and swore
that he would not come into any place where she was, whether in the
public street, market, church, or chapel, on pain of paying forty
shillings to the University. On August 22, 1450, Thomas Blake,
_peliparius_, William Whyte, barber, John Karyn, _chirothecarius_,
"husbundemen" (householders), presented themselves before the
Chancellor, and, touching the Holy Gospels, abjured the game of tennis
within Oxford and its precinct.
At this point it will be convenient to refer to a custom not by any
means confined to the Universities, about which there appears to be some
degree of misconception. "Love-days," as they are called, have been
strangely confused with _law_-days, whereas the very essence of the
institution was the avoidance of litigation with all its expense and
ill-feeling. The practice of submitting disputes to friendly arbitration
was seemingly founded on the text: "Dare any of you having a matter
against another go to law before the unbelievers and not before the
saints?" In these circumstances it is not surprising that the clergy
bore a great part in such proceedings; and thus we find Chaucer
avouching of his Frere:
In love-dayes ther coude he mochel helpe,
For ther he was nat lyk a cloisterer,
With a thredbare cope, as is a poore scoler,
But he was lyk a maister or a pope.
Public-domain text, read in full here on John Shaqi.
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