made certain payments not long after 1260 for the support of poor students at Oxford, while Walter of Merton’s foundation dates from 1264; but it was not until the example had been set by Merton that the House of Balliol assumed a corporate being and became governed by formal statutes. The “pious founder” too was at the outset an involuntary agent, for the obligation to make his endowment was part of a penance imposed on him together with a public scourging at the Abbey door by the Bishop of Durham.[8] John Balliol, lord of Galloway, was the father of that John to whom King Edward the First of England adjudged the Scottish crown in 1292. His wife, the heiress, was Dervorguilla, grandniece to King William the Lion. It is to her far more than to her husband that the real foundation of the College bearing his name is due, and husband and wife are rightly coupled together as joint-founders, the lion of Scotland being associated with the orle of Balliol on the College shield. A house was first hired beyond the city ditch on the north side of Oxford, hard by the church of St. Mary Magdalen, and here certain poor scholars were lodged and paid eightpence a-day for their commons.[9] It was in the beginning a simple almshouse, founded on the model already existing at Paris, it depended for its maintenance upon the good pleasure of the founder, and possessed (so far as we know) no sort of organization, though customs and rules were certain to shape themselves before long without any positive enactment.
This state of things lasted until 1282, when Dervorguilla—her husband had died in 1269—took steps to place the House of Balliol upon an established footing. By her charter deed[10] she appointed two representatives or “proctors” (one, it seems probable, being always a Franciscan friar, and the other a secular Master of Arts) as the governing body of the House. The Scholars were, it is true, to elect their own Principal, and obey him “according to the statutes and customs approved among them,” but he and they were alike subordinate to the Proctors or (as they came to be distinguished) the Extraneous Masters. The Scholars, whose number is not mentioned, were to attend the prescribed religious services and the exercises at the schools, and were also to engage in disputations among themselves once a fortnight. Three masses in the year were to be celebrated for the founders’ welfare, and mention of them was to be made in the blessing before and grace after meat. Rules were laid down for the distribution of the common funds; if they fell short it was ordered that the poorer Scholars were not to suffer. The use of the Latin language (apparently at the common table) was strictly enjoined upon the Scholars. Whoever broke the rule was to be admonished by the Principal, and if he offended twice or thrice was to be removed from the common table, to eat by himself, and be served last of all. If he remained incorrigible after a week, the Proctors were to expel him. One feature of the Balliol Statutes which deserves particular notice is that none of them, until we reach the endowments of the sixteenth century, placed any sort of local restriction upon those who were capable of being elected to the Foundation.
This charter was plainly but the giving of a constitution to a society which had already formed for itself rules and usages with respect to discipline and other matters not referred to in it. The “House of the Scholars of Balliol” was placed on a still more assured footing when its charter was confirmed by Bishop Sutton of Lincoln two years later,[11] in which year the Scholars removed to a house bought for them by the foundress in Horsemonger-street, a little to the eastward of their previous abode;[12] and soon afterwards the Bishop permitted them to hold divine service, though they still attended their parish Church of St. Mary Magdalen on all great festivals.[13] Before the middle of the fourteenth century the society had considerably enlarged its position. It had bought houses on both sides of its existing building, so that it now occupied very nearly the site of the present front-quadrangle.[14] It received from private benefactors endowment for two Chaplains; and in 1327, with help furnished through the Abbot of Reading,[15] the building of a Chapel dedicated to Saint Catherine—the special patron whom we find first associated with the College in the letter of Bishop Sutton—was carried into effect. But the College remained dependent upon its parish Church for the celebration of the Mass until the Chapel was expressly licensed for the purpose by Pope Urban the Fifth in April 1364. As early as 1310 the College had become possessed of a messuage containing four schools on the west side of School-street, which were, according to the usual practice, let out to those who had exercises to perform, and thus added to the resources of the College.[16] Some unused land on this property was afterwards conveyed to the University to form part of the site of the Divinity School, and the University still pays the College a quitrent for it.[17]
During this time there seems to have been an active dispute among the Scholars as to the studies which they were permitted to pursue. Bishop Sutton had expressly ordained that they should dwell in the House until they had completed their course in Arts. It seemed naturally to follow that it was not lawful for them to go on to a further course of study, for instance, in Divinity, without ceasing their connection with the House. At length in 1325 this inference was formally ratified by the two Extraneous Masters in the presence of all the members as well as four graduates who had formerly been Fellows (a title which now first appears in our muniments as a synonym for Scholars) of the House.[18] One of the Extraneous Masters was Nicolas Tingewick, who is otherwise known to us as a benefactor of the Schools of Grammar in the University;[19] and one of the ex-Fellows was Richard FitzRalph, afterwards Vice-Chancellor of the University and Archbishop of Armagh, the man to whom above all others John Wycliffe, a later member of Balliol, owed the distinguishing elements of his teaching.[20] It was thus decided that Balliol should be a home exclusively of secular learning; and it reads as a curious presage, that thus early in the history of the College the field should be marked out for it in which, in the fifteenth century and again in our own day, it was peculiarly to excel.
But the theologians soon had some compensation, for in 1340 a new endowment was given to the College by Sir Philip Somerville for their special benefit. From the Statutes which accompanied his gift[21] we learn that the existing number of Fellows was sixteen; this he increased to twenty-two (or more, if the funds would allow), with the provision that six of the Fellows should, after they had attained their regency in Arts, enter upon a course of theology, together with canon law if they pleased, extending in ordinary cases over not more than twelve or thirteen years from their Master’s degree in Arts. Such was the rigour of the demands made upon the theological student in the University system of the middle ages; with what results as to solidity and erudition it is not necessary here to say.
Somerville’s Statutes further made several important changes in the constitution of the Hall or House, as it is here called. The Principal still exists, holding precedence among the Fellows, much like that of the President in some of the Colleges at Cambridge; but he is subordinate to the Master, who is elected by the society subject to the approval of a whole series of Visitors. After election the Master was first to present himself and take oath before the lord of Sir Philip Somerville’s manor of Wichnor, and then to be presented by two of the Fellows and the two Extraneous Masters to the Chancellor of the University, or his Deputy, and to the Prior of the Monks of Durham at Oxford. By these his appointment was confirmed. There was thus established a complicated system of a threefold Visitatorial Board. The powers of the lords of Wichnor were indeed probably formal; but those of the Extraneous Masters subsisted side by side by, and to some extent independently of, the Chancellor and the Prior. The former retained their previous authority over the Fellows of the old foundation; they were only associated with the Chancellor and Prior with respect to the new theological Fellows. Finally, over all the Bishop of Durham was placed, as a sort of supreme Visitor, to compel the enforcement of the provisions affecting Somerville’s bequest. One wonders how this elaborate scheme worked, and particularly how the society of Balliol liked the supervision of the Prior of Durham College just beyond their garden-wall. But the curious thing is that the benefactor declares that in making these Statutes he intends not to destroy but to confirm the ancient rules and Statutes of the College, as though some part of his extraordinary arrangements had been already in force.[22]
It is easy to guess that the scheme was impracticable, and in fact so early as 1364 a new code had to be drawn up. This was given, under papal authority, by Simon Sudbury, Bishop of London, afterwards Archbishop of Canterbury; but unfortunately it is not preserved. We can only gather from later references that it changed more than it left of the existing Statutes, and that it established Rectors (almost certainly the old Proctors or Extraneous Masters under a new name[23]) to control the Master and Fellows, and possibly