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Another Cry of Heresy at Oxford: the Case of Dr John Holand, 1416
Published online by Cambridge University Press: 21 March 2016
Extract
The legal historian can scarcely help but encounter the world of academic learning in his studies. He meets the university teachers among his auctores; he finds the mode of their writing often determined by university exercises; in court records and formulary books he encounters graduates holding offices in the courts; he even finds the occasional wayward student who because of his impecunious ways or his transgression of the peace has been cited to appear in court. It is from a formulary book that a case of more than passing interest has come to light concerning Oxford in the early fifteenth century.
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- Copyright © Ecclesiastical History Society 1969
References
Page 99 of note 1 I should like to record here my gratitude to Dr A. B. Emden for valuable suggestions made at an early stage in this research and to Dr J. M. Fletcher for permission to consult his D. Phil, thesis at the Bodleian Library (‘The Teaching and Study of Arts at Oxford, c 1400-c 1520’, Oxford 1961).
Page 99 of note 2 On the Arches see MissIrene, Churchill, Canterbury Administration, London 1933, 1, 424-69Google Scholar.
Page 100 of note 1 I hope at a later date to present a full description of this MS. It is in the keeping of the Lincolnshire Archives Office at The Castle, Lincoln.
Page 100 of note 2 For tuitorial appeals see Churchill I, 427, 460-65, and Woodcock, Brian L., Medieval Ecclesiastical Courts in tbe Diocese of Canterbury, London 1952, 65–66 Google Scholar.
Page 100 of note 3 See Salter, H. E., Snappe’s Formulary and Other Records (Oxford Historical Society, vol. 80, 1924), 333-4Google Scholar.
Page 100 of note 4 See Emden, A. B., ‘Northerners and Southerners in the Organization of the University to 1509’, Oxford Studies Presented to Daniel Callus (Oxford Historical Society, n. s., vol. 16, 1964), 23 Google Scholar (hereafter cited as Oxford Studies).
Page 101 of note 1 Between 1410 and 1420 the university no longer permitted students to live in ‘digs’—‘chamberdeacons’ these students were called—and required them to live in halls or colleges. This increased markedly the number of halls. There were still 69 halls in 1444, but about a century later there were only 8 (and today only one of medieval origin). See Emden, A. B., An Oxford Hall in Medieval Times, Oxford 1927 Google Scholar, and W. A. Pantin, ‘The Halls and Schools of Medieval Oxford: An Attempt at Reconstruction’, Oxford Studies, 34-35.
Page 101 of note 2 A provocation was an appeal which looked ad futurum. In effect, it was a request for a restraining action against persons about to act prejudicially to one’s interests. Cf. Woodcock, 66-67.
Page 101 of note 3 A Benedictine monk of Christ Church, Canterbury, Langdon had incepted in theology in 1411 and in the same year had been a member of the committee of twelve appointed to investigate lollardy at the university. He later became bishop of Rochester (1421-34). See Emden, A. B., A Biographical Register of the University of Oxford to A. D. 1500, Oxford 1957-59, II, 1093 Google Scholar (hereafter cited as BRUO).
Page 102 of note 1 A Dominican, Claxton had been a member of the committe of twelve in 1411. See BRUO, I, 426.
Page 102 of note 2 A Benedictine monk of Bury St. Edmunds, Clare had served as a proctor for the English Benedictines at the Council of Pisa in 1409 and was a doctor of theology by 1414 (BRUO, 1, 425).
Page 102 of note 3 He had supported the visitation of Arundel in 1411 (BRUO, II, 1067) and was, perhaps, the senior doctor in the law faculties at this time.
Page 102 of note 4 By this time he had finished his arts course and was a member, possibly a doctor, in the faculty of theology. He had served on the committee of twelve in 1411. See BRUO, II, 744.
Page 102 of note 5 Fellow of Exeter College at this time, Alward was to become senior proctor of the university in the following year (1417-18). See BRUO, I, 29; A. B. Emden, ‘Northerners and Southerners in the Organization of the University to 1509’, Oxford Studies, 23.
Page 103 of note 1 Wilkins, D., ed., Concilia Magnae Brittaniae et Hiberniae, London 1737, III, 157 Google Scholar.
Page 103 of note 2 Compston, H. F. B., ‘The Thirty-Seven Conclusions of the Lollards, EHR, XXVI (1911), 744 CrossRefGoogle Scholar.
Page 104 of note 1 Wilkins, , Concilia, III, 339-41Google Scholar.
Page 104 of note 2 It concerned the form and responses of bachelors of civil and canon law to questions assigned for disputation by their masters ( Wilkins, , Concilia, III, 107 Google Scholar; see Strickland, Gibson, ed., Statuta antiqua universitatis Oxoniensis, Oxford 1931, xli)Google Scholar.
Page 105 of note 1 Wilkins, , Concilia, III, 227-29Google Scholar; see Gibson, Statuta, xl-xli.
Page 105 of note 2 For the curriculum of the law faculties see Hastings, Rashdall, The Universities of Europe in the Middle Age, new ed. by Powieke, F. M. and Emden, A. B., Oxford 1936, III, 156-57Google Scholar; L. E. Boyle, ‘The Curriculum of the Faculty of Canon Law at Oxford in the First Half of the Fourteenth Century’, Oxford Studies, 135-62. On disputations at Oxford, see Little, A. G. and Pelster, F., Oxford Theology and Theologians, c. A. D. 1282-1302 (Oxford Historical Society, vol. 96, 1934), 31ffGoogle Scholar.
Page 105 of note 3 Wilkins, , Concilia, III, 227-28Google Scholar.
Page 105 of note 4 H. E. Salter, Snappe’s Formulary, 161-62.
Page 106 of note 1 According to statutes dated 1368 by Anstey, cases terminable within the university should be appealed from the hebdomadary judge or official of the chancellor to the chancellor to the congregation of regent masters to a full congregation of regent and non-regent masters, thence in civil cases to the king and in spiritual cases to the pope ( Munimenta Academica, ed. Henry, Anstey (Rolls Series, London 1868), I, 231 Google Scholar). For similar statutes of 1456, see ibid. I, 460, and Gibson, Statuta, 277-79.
Page 106 of note 2 At convocation the chancellor would be flanked on his right and left by the doctors of theology, and they, in turn, by the doctors of canon law: I. L., T. C, and H. K. may have been these. See Gibson, Statuta, 187-88.
Page 107 of note 1 On congregations, see Rashdall, , Universities, III, 63–65 Google Scholar (but for correc tions see A. B. Emden’s footnotes) Mallet, C. E., A History of the University of Oxford, London 1924-27, I, 177 Google Scholar, and Gibson, Statuta, xxi-xxxix.
Page 107 of note 2 On the colleges, see Lyte, H. C. Maxwell, History of the University of Oxford from the Earliest Times to 1530, London 1886, ix Google Scholar; Emden, A. B. in his introduction to Rashdall, Universities , III, xxii–xxiii Google Scholar, and in his study An Oxford Hall in Medieval Times, Oxford 1927; Salter, H. E., ‘The Medieval University of Oxford’, History, XIV (1929), 58-9Google Scholar; W. A. Pantin, art. cit., 31.
Page 108 of note 1 BRUo, II, 944. At the time of the affair Holand was rector of Dauntsey Wiltshire.