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 masses for the Nations on the day of the Patron Saint. It is well known that similar ceremonies took place at the Universities of Paris, Bologna, &c. If all this is not sufficient to meet the notion of a Corporation, let the Nations be called Communities, (as they are termed in the compacts,) or anything else: the facts remain the same. Nore (55) referred to in PAGE 96. On the SWORN OFFICERS of the Nations. From the Oxford Compacts of 1252, 1267, and 1274, it appears that not only Masters, but also Bachelors and Scholars took part openly in the consultations [concerning those Compacts]: also that the choice of the "Sworn Officers," (who temporarily at least, exercised a great, if not altogether preponderating, influence, upon the national, and thereby upon the academic affairs,) was by no means determined by the Degree, but, beside popular influences, by pecuniary considerations. "Let them be rich," said the Statute concerning the sworn officers; since they were obliged to offer security for their Nation or Province. We find, it is true, (1254) the expression "Regentes aut non Regentes;" yet the list given shows that Under-graduates also were elected. Besides, in the Compact of 1274, we find it expressly mentioned: "All the above was done and ordained with the full consent of all Masters, teaching or not teaching, [Regentium aut Non-Regentium,] Lords and Bachelors of the University, greater and smaller. The Lords* are doubtless members of noble birth, whether graduates or undergraduates. Besides, the very expressions made use of in the Royal Brief, quoted in the preceding Note, show that these Captains were looked upon as essentially representatives of the scholars in contradistinction to the Masters. [This may seem less certain: for Domine! is still the Oxford title of address to every common Bachelor.] NOTE (56) referred to in PAGE 101. On the actual use of the word Regent. The following may serve to illustrate all that has been said upon this subject. I must warn my readers especially, not to lay too much stress upon names. The expressions congregatio and convocatio are used indiscriminately until late in the sixteenth century: thus they are both used to signify the assembly of the Regentes, sometimes that of the Regentes and non-Regentes. The term convocatio, however, is the only one employed to signify the latter alone. This was also called congregatio magna, and sometimes convocatio magna. The expressions cœtus, conventus, senatus academicus do not appear in documentary papers with respect to Oxford, and seem only to have been occasionally used by Wood, and in a perfectly general sense. Comitia always signifies the regular assemblies of graduates and under-graduates for Scholastic acts. All this might be proved by some twenty passages in Wood, were it at all necessary. The expression congregatio, however, is the more prevalent one, partly for the larger body, partly with reference to the non-Regentes: nor can any fixed distinction between the functions of the Regents and non-Regents be pointed out before the end of the fifteenth century. In the Laudian Statutes it is at length firmly established, but it is there alluded to as having long subsisted : - prout ab antiquo fieri consuevit —prout de more antiquo observatum fuit―de more recepto, &c. The Statutes of Edward and Mary give no explanation of the matter. They only casually mention the congregatio regentium et non regentium. We cannot aim at a more precise analogy. Accidental points of reference, bearing more or less upon the subject, may be found in various passages, especially in Wood. The first mention of these matters I find in a protocol of 1281, which 66 says: Congregata universitate magistrorum regentium, et non regentium, etc.: Magistri et non regentes in partes se trahentes, et regentes similiter per se deliberavere, &c. tum compertum et declaratum unanimi consensu omnium magistrorum regentium et non regentium, etc." The negociations refer to the limits of the authority and attributes of the Archdeacon and Chancellor, consequently to a subject which would afterwards have fallen solely into the hands of the convocatio, (without any separation of regentes and non-regentes.) No mention is ever made afterwards of any such itio in partes: but that leads to no certain conclusion. The next indication we have, is the mention of the congregatio magna regentium et non regentium in 1311; without any nearer details as to the deliberations upon this occasion. However, several other statutes are referred to, relating to the “ Gradus" and many other matters, as decided in congregatione regentium et non regentium. Further on I find (in 1337, Rob. de Avesbury. Hist. Edward III. ed. Hearne) a deliberation in congregatione regentium respecting the election of the Beadles, their duties, fees, &c. The Beadles were to be elected in the same manner as the Chancellor, and by that is undoubtedly understood in congregatione regentium et non regentium. It would have been very extraordinary, for the regentes to come to such a decision, in a matter which at all times fell to the competence of all the Masters. Very probably, however, the expression regentes is here used in its original signification for Magistri, and consequently means both M. regentes and non regentes. Such a use of regens occurs even in the Edwardian Statutes. If we were permitted to suppose a similar confusion of terms in other passages, up to the middle of the sixteenth century, where mention is made of a congregatio regentium, or mag. regentium, the matter would be much simpler and much easier to explain. For all these cases refer to subjects, which (as the attributes of each party were afterwards established) came before the convocatio regentium et non regentium: consequently, in all of them we might properly understand by congregatio regentium the congregatio (afterwards "convocatio") magistrorum vel regentium. And this may appear the more probable, as the business which afterwards fell exclusively to the congregatio (such as the conferring of degrees) from their very nature could seldom become the subject of history. The only cases of the kind which I have found, are the following: one in 1368, where the question is about granting the Degree to a Franciscan; and another in 1578, when a Bachelor of Civil Law was to get his Degree. In both cases the congregatio mag. regentium must naturally be taken in the latter sense. But, if we may not assume regentes or magistri regentes to be synonymous with Magistri, it becomes no longer possible to decide the bounds between the competency of the two assemblies or rather, nothing remains, but to conclude, that the congregatio (in the later sense) occupied itself occasionally with all the subjects, which afterwards fell to the convocatio. This view of the subject may the more easily be presumed, since a similar course was pursued (as a general rule) at Cambridge. I do not consider it necessary to cite the passages bearing upon this point, (1370, 1383, 1396, 1506, 1513, 1522, 1528,) a single one will suffice to show how little information they afford.-In 1522 it was decreed by the regentes in full congregatio of the magistri, that, &c. The question is respecting a measure in favor of the Benedictines in scholastic acts. As a new Statute, the affair ought to have been brought before the convocatio, (as understood in a later sense,) which is here called plena congregatio magistrorum: but then, why do the regentes give their decisions alone? or is regens only here used to mean as much as magister? Without examining the Protocols, &c. on the very spot, we cannot hope to arrive at any certain result. NOTE (57) referred to in PAGE 102. School Poem in the reign of Henry III. A silly poem of the date of Henry III., in which a Magister is begged to grant a holiday, might possibly be quoted by some, as proving the great authority of the Masters in that day. It runs as follows: O Doctrinis vir præclare, Cujus sensus, tanquam mare, Nihil posco singulare, |