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whether the King, as special Visitor of Christ Church, was strictly authorised to demand his expulsion, without proof against him; and whether the Dean was bound to obey his command; but considering the character of Doctor Fell, we ought not, without proof, to suppose a violation of the Statutes. That the proceedings against Locke were spiteful enough, appears from Fell's own words, which afford some traits of Locke's character not altogether unimportant." He being a person ill affected, I have for divers years had my eyes on him, but so close hath his guard been on himself, that after several strict enquiries, I may confidently affirm, that there is not any man in the College, however familiar with him, who has heard him speak a word either against or so much as concerning the Government. And although very frequently, both in private and in public, discourses have been purposely introduced to the disparagement of his master, (Shaftesbury,) his party, and designs, he could never be provoked to take any notice or discover in a word or look the least concern: so that I believe there is not in the world such a master of taciturnity and passion." The answer of the Minister announces the King's "will and pleasure, that Locke be forthwith expulsed." The whole proceeding and the state of feeling against Locke, proves how far political passions may be carried, even in academic circles, and in men otherwise perfectly honorable, when once the Universities are admitted to bear a political character. No one, however, who understands those times, would assert that there was no reason for enmity towards Locke. It is only curious, that party-instinct should have thus seen through this "master of taciturnity." We must observe that in this whole business, the College alone was called into play, and not the University at all.

Note (53) referred to in Page 89.

That in the earliest Times, Oxford had a Chancellor of its own.

The analogy of the University of Paris, the nature of things, and well known facts of a later period, will assist us in the

[merged small][merged small][graphic]

JOHN LOCKE. M.A.

of Christ Church, Oxfords.

Author of the Exray commning Human Unden ming

A.D. 1690.

Day Haghe in the Quem.

establishment of this characteristic of the early Oxford constitution. Two documents of the time of Henry I. and one of Matilda, make mention of the "Cancellarius apud Oxenford," (vide Monasticon ii. p. 145, ed. 1819.) The date of these documents does not appear, but the two first must belong to some period between 1100 and 1134, which was the reign of Henry I. (Beauclerc.)

Wood expressly remarks that mention is nowhere made of any other " Cancellarius Oxoniensis," or "apud Oxenford," than the officer appointed to superintend the schools at that place; and this Chancellor is repeatedly named after the beginning of the thirteenth century so that it is evident that the officer above alluded to cannot be the Chancellor of Lincoln, but must have been the Chancellor of Oxford.

A document of 1201 is communicated by both Wood and Dyer, which contains the words "domo nostro Congregationis," alluding probably to the Congregation of the Masters. This is the first time in which the Congregation is mentioned; but we must suppose it earlier; otherwise it is impossible to understand how the intercourse between the Chancellor and the Masters should previously have been carried on. Before the middle of the twelfth century, scientific developement had reached to such a height in Oxford, that beyond a doubt, this assembly as well as the Chancellor, was already in operation.

The Paris document of 1201, and the Oxford Compact of 1214, which were referred to in our first volume, will have already given ample proof, that there was an ecclesiastical jurisdiction over both Scholars and Masters; and I will only venture on one further illustration of this fact.

In the year 1194, a Papal Bull bestowed upon the Archbishop of Paris and the Abbot of St. Geneviève the power of judgment in the money-matters of persons who were connected with the University, and resident within the limits of the ecclesiastical jurisdiction of either of these authorities, (v. Bulæus, iii. 500.) Ecclesiastical power was indeed, at that time, fully recognized,

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and the only innovation was the extension of this power to money

matters.

The Chancellor [at Oxford] was then an Episcopal officer, nominated exclusively by the Bishop.

NOTE (54) REFERRED TO IN Page 95.

The Nations considered as Corporations.

Whether these

Nations" ought to be looked upon as Corporations, is a question which I leave to be answered by those who consider the investigation worth their while. As a fact actually existing, we have here a body with certain common principles, common purposes, common laws, and common officers, with religious ceremonies for admission (sacra), and, doubtlessly, also with common property, although it may perhaps only have been of a moveable description. All these matters had obtained recognition on the part not only of the University, but of the Higher Powers. The position of the Proctors is in itself decisive on that point. But, setting that aside, a Royal brief of the year 1274, addressed to the Bishop of Lincoln, (v. Wilkins's Concil. ii. 25,) proves, that also other officers of the Nations were recognized by the Crown. It runs as follows: "Being desirous of providing for peace, &c. we lay it on your fatherly care to study to take valid bail of the Majors and Captains of the scholars studying at Oxford, that the scholars may come in safety without arms," &c. There can be no doubt that these Captains of the scholars are the arbitrators and the sureties of the Nations mentioned by Wood (an. 1265). We must not be led astray by a declaration like that of 1274, which, in fact, was made upon the occasion of a new solemn regulation, and, consequently, recognition of the Nations: namely, "Let there be no parties in the University, but one College and one body." It refers simply to the abuse of their position and the hostile difference which existed. Traces of the National and Provincial "sacra" are to be found in Wood (v. an. 1434), which also bear a direct reference to the antiquity of the ceremony of

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