But when the enormity of this transgression reached the ears of the Masters of the University they came together in the presence of the Queen and Legate, having first suspended entirely all lectures and debates, and strenuously demanded that justice be shown them for such a wrong. For it seemed to them disgraceful that so light an occasion as the transgression of certain contemptible little clerks should be taken to create prejudice against the whole university; but let him who was to blame in the transgression be the one to suffer the penalty.

But when finally every sort of justice had been refused them by the King and the Legate, as well as by the Bishop, there took place a universal withdrawal of the Masters and a scattering of the Scholars, the instruction of the Masters and the training of the pupils coming to an end, so that not one person of note out of them all remained in the city. And the city which was wont to boast of her clerks now remained bereft of them.... Thus withdrawing, the clerks betook themselves practically in a body to the larger cities in various districts. But the largest part of them chose the metropolitan city of Angers for their university instruction. Thus, then, withdrawing from the City of Paris, the nurse of Philosophy and the foster mother of Wisdom, the clerks execrated the Roman Legate and cursed the womanish arrogance of the Queen, nay, also, their infamous unanimity [in the matter]....

At length, through the efforts of discreet persons, it was worked out that, certain things being done to meet the situation as required by the faults on both sides, peace was made up between the clerks and citizens and the whole body of scholars was recalled.[47]

Not infrequently a university which had decreed a cessation was invited to establish itself elsewhere. The cessation at Paris in 1229 was followed by an urgent invitation from the King of England:

The King; Greeting to the Masters and the whole body of scholars at Paris. Humbly sympathizing with the exceeding tribulations and distresses which you have suffered at Paris under an unjust law, we wish by our pious aid, with reverence to G.o.d and His holy church, to restore your status to its proper condition of liberty. Wherefore we have concluded to make known to your entire body that if it shall be your pleasure to transfer yourselves to our kingdom of England and to remain there to study we will for this purpose a.s.sign to you cities, boroughs, towns, whatsoever you may wish to select, and in every fitting way will cause you to rejoice in a state of liberty and tranquillity which should please G.o.d and fully meet your needs.

In testimony of which &c. Witnessed by the King at Reading, July 16. [1229].[48]

(e) _The Right of Teaching everywhere_ (Jus ubique docendi)

Masters and Doctors of the three leading universities, Paris, Bologna, and Oxford, were early recognized as qualified to teach anywhere without further examination, by virtue of the superior instruction given at those inst.i.tutions. Their degrees were in strictness merely licenses to teach within the dioceses in which they were granted. The recognition of these licenses elsewhere grew up as a matter of custom, not by any express authorization. At least one other university (Padua, founded 1222) acquired the privilege in the same way. Later universities,--or the cities in which they were established,--desiring to gain equal prestige for their graduates, obtained from the Pope or from the Emperor of the Holy Roman Empire bulls conferring upon them the same privilege.

Even Paris and Bologna formally received it from the Pope in 1292. "From this time the notion gradually gained ground that _the jus ubique docendi_ was of the essence of a Studium Generale, and that no school which did not possess it could obtain it without a Bull from Emperor or Pope." "It was usually but not quite invariably, conferred in express terms by the original foundation-bulls; and was apparently understood to be involved in the mere act of erection even in the rare cases where it is not expressly conceded."[49] In practice, the graduates of almost all universities where subject to further examination in one Studium or another before being admitted to teach there, although the graduates of the leading universities may have been very generally received without such test. The privilege is more important in officially marking the rank of a school as a Studium Generale, i.e. a place of higher education, in which instruction was given, by a considerable number of masters, in at least one of the Faculties of Arts, Theology, Law, and Medicine, and to which students were attracted, or at least invited, from all countries.

The Bull granting the _jus ubique docendi_ to Paris (Pope Nicholas IV, 1292) is here printed, although it is not the earliest example; a similar Bull was issued for Toulouse as early as 1233. The rhetorical introduction is omitted, as in most instances above.

Desiring, therefore, that the students in the field of knowledge in the city of Paris, may be stimulated to strive for the reward of a Mastership, and may be able to instruct, in the Faculties in which they have deserved to be adorned with a Master"s chair, all those who come from all sides,--we decree, by this present letter, that whoever of our University in the aforesaid city shall have been examined and approved by those through whom, under Apostolic authority, the right to lecture is customarily bestowed on licentiates in said faculties, according to the custom heretofore observed there,--and who shall have from them license in the Faculty of Theology, or Canon Law, or Medicine, or the Liberal Arts,--shall thenceforward have authority to teach everywhere outside of the aforesaid city, free from examination or test, either public or private, or any other new regulation as to lecturing or teaching. Nor shall he be prohibited by anyone, all other customs and statutes to the contrary notwithstanding; and whether he wishes to lecture or not in the Faculties referred to, he shall nevertheless be regarded as a Doctor.[50]

(f) _Privileges granted by a Munic.i.p.ality_

Not infrequently mediaeval cities granted special privileges to universities and their members. These cities recognized the commercial and other advantages resulting from the presence of a large body of students within their gates, and made substantial concessions to retain them, or to secure the settlement of a university which might be migrating from some other city. Instances of the latter kind are numerous in the free cities of Italy. These privileges included very ample legal jurisdiction by the Rector of the university in cases affecting scholars, payment of professors" salaries by the city, exemption from taxes, loans to scholars at a low rate of interest, and guarantees against extortionate prices for food and other necessaries.

1. The following examples are cited, among many others in the statutes of the city of Padua:

The town of Padua binds itself to make loans to scholars, according to the quality of the scholars, upon good and sufficient securities or bonds worth a third more than the loan, and upon the oath and promise of the scholars that they accept the loan on their own account and for their own use in meeting their personal expenses and not for any other person or persons or for the use of others. (1260 A.D.)

Every six months the Chief Magistrate of Padua shall appoint two money lenders for the scholars,--judges or laymen at the will of the Rector of the scholars--who shall have charge of the town"s money that is to be loaned to the scholars. And they shall, in the name of the town, make loans to the scholars in accordance with the statutes and the agreement of the scholars, and at their own risk entirely, so that the town of Padua shall not incur loss. And the money lenders shall themselves deposit in the town treasury good and sufficient security as to this. (1268.)

Scholars shall be regarded as citizens with regard to matters advantageous, but not with regard to matters disadvantageous to them. (1261.)

Scholars shall not be required to pay the _tolloneum_ (i.e. taxes on imports, collected at the city gates). (1262.)[51]

2. A generation preceding the date of these statutes a large part of the university, dissatisfied with its treatment at Padua, migrated to Vercelli, more than one hundred and fifty miles away. The contract (1228 A.D.) between the rectors of the university and the proctors representing the town contains numerous privileges, among which are the following:

Likewise the aforesaid proctors have promised in the name of the town of Vercelli that the town will loan to the scholars, and to the university of scholars, the sum of ten thousand pounds, papal money, at the rate of two pence for two years, and thereafter three pence for six years [under proper security. The customary rate seems to have been four pence.] ... Likewise, when a scholar shall have paid the money loaned to him, the town of Vercelli will retain that amount in the common treasury as princ.i.p.al, and from it will help some other needy scholar under the same agreement and similar conditions. ... Likewise, the town of Vercelli will not allow provisions within the town limits to be withdrawn from their markets [in order to raise the price?] but will cause them to be delivered in the city in good faith, and will cause them to be put on sale twice a week.... [Also one thousand bushels of grain shall be put in the city granary and sold to scholars at cost in time of need.] ... Likewise the town of Vercelli shall provide salaries [for professors] which shall be deemed competent by two scholars and two townsmen, and if they disagree the Bishop shall decide the matter ... and said salaries shall be for one Theologian, three Masters of Laws, two Decretists, two Decretalists, two teachers of Natural Philosophy, two Logicians, and two Grammarians. [These professors shall be chosen by the rectors of the university. The town will send out at its own expense] trustworthy messengers under oath, who shall in good faith, and in the interests of the university of Vercelli, seek out the chosen Masters and Teachers, and shall use their best endeavors to bind them to lecture in the city of Vercelli. [The town will preserve peace within its borders, will consider scholars and their messengers neutral in time of war, will grant them the rights of citizens, and will respect the legal jurisdiction of the rectors, except in criminal and other specially mentioned cases.]

Likewise, the town of Vercelli will provide two copyists, through whom it will undertake to furnish men able to supply to the scholars copies in both kinds of Law [Civil and Canon] and in Theology, which shall be satisfactory and accurate both in text and in glosses, and the students shall pay for their copies [no extortionate prices but] a rate based on the estimate of the rectors [of the university].

... Likewise, the scholars or their representatives shall not pay the tributes in the district of Vercelli which belong and accrue to the town of Vercelli.... The Podesta [Chief Magistrate] and the town itself shall be bound to send, throughout the cities of Italy and elsewhere, (as shall seem expedient to them) notice that a university has been established at Vercelli, and to invite scholars to come to the University of Vercelli.[52]

The whole contract was made a part of the city statutes and was to be in force for eight years.

(g) _The Influence of Mediaeval Privileges on Modern Universities._

There is no question that the long series of privileges granted to mediaeval universities influences the university life of to-day. Out of many ill.u.s.trations of this fact two are here cited as affecting American higher education. The reader will observe in these paragraphs from the charters of Harvard College and Brown University the familiar exemption of corporate property from taxation, and the exemption of persons connected with these inst.i.tutions not only from taxes, but also from other public duties. The charter of Brown University refers explicitly to European university privileges. Both of these charters, with some amendments, are still in force.

And, further, be it ordered by this Court and the authority thereof, that all the lands, tenements, or hereditaments, houses, or revenues, within this jurisdiction, to the aforesaid President or College appertaining, not exceeding the value of five hundred pounds per annum, shall from henceforth be freed from all civil impositions, taxes, and rates; all goods to the said Corporation, or to any scholars thereof, appertaining, shall be exempted from all manner of toll, customs, and excise whatsoever; and that the said President, Fellows, and scholars, together with the servants, and other necessary officers to the said President or College appertaining, not exceeding ten,--viz. three to the President and seven to the College belonging,--shall be exempted from all personal civil offices, military exercises or services, watchings and wardings; and such of their estates, not exceeding one hundred pounds a man, shall be free from all country taxes or rates whatsoever, and none others.[53]

And furthermore, for the greater encouragement of the Seminary of learning, and that the same may be amply endowed and enfranchised with the same privileges, dignities, and immunities enjoyed by the American colleges, and European universities, We do grant, enact, ordain, and declare, and it is hereby granted, enacted, ordained, and declared, That the College estate, the estates, persons, and families of the President and Professors, for the time being, lying, and being within the Colony, with the persons of the Tutors and students, during their residence at the College, shall be freed and exempted from all taxes, serving on juries, and menial services: And that the persons aforesaid shall be exempted from bearing arms, impresses, and military services, except in case of an invasion.[54]

Exemption from "watchings and wardings," and from "military services, except in case of an invasion," is not included in the list of privileges cited in the preceding sections, but it was often conferred on mediaeval universities in almost the exact terms of these charters.

5. THE INITIATIVE OF CIVIL OR ECCLESIASTICAL POWERS

Many universities originated without the express initiative of any civil or ecclesiastical power. They either grew up slowly, as in the cases of Bologna and Paris, or established themselves quickly through a migration of students from some other university, as in the cases of Padua, Vercelli, and Leipzig; but in either event the charters which gave them standing as _Studia Generalia_, and the privileges emanating from imperial, royal, princely, or papal authorities, were granted after, rather than before, masters and students had gathered for their work.

The cases in which munic.i.p.alities granted privileges to migrating bodies of students, before their coming, are not included in the above statement.

In some instances, however, civil and ecclesiastical authorities took the initiative. Among other examples of universities established directly by them may be cited Naples, founded by Emperor Frederick II, 1224; Toulouse, by Pope Gregory IX, 1230, 1233; Prague, by Emperor Charles IV, 1348; Caen, by Henry VI of England, 1432. The motives which led to this action were, on the one hand, the desire of political powers for the support of learned men, especially lawyers; and, on the other, the desire of the papacy for the more effective propagation of the Catholic faith.[55]

The political motive appears in the Letters-patent of Henry VI for Caen, 1432:

It befits Royal Highness to govern with due magnificence the peoples subject to him in times of wars and of peace, to the end that they may be defended valorously and constantly from the violence of enemies, and from wrongs offered them; and that they may be rendered tranquil and quiet through laws and active justice, by securing to each man his rights, with due regard to the common interests. For we think that this sort of justice, so excellent and advantageous, can never be practiced without the industry of men of great learning, steeped in laws, divine and human. And formerly our kingdom of France happily abounded in such men; but many kinds of evil men swarmed in, by whom, in the long process of time, the aforesaid kingdom, at one time through the disturbances of civil war, and again through deadly pestilence, and finally through the various butcheries of men, and mighty famine--Alas! the pity of it!--has now been so shaken that scarcely can a sufficient number of sound justices be found in modern times, nor can others succeed, without great difficulty and personal peril, in acquiring securely knowledge and advancement, particularly in Civil Law; whence the aforesaid kingdom, once governed with commendable justice, is subjected to greater inconveniences unless a wholesome remedy be shortly provided....

We therefore, by our special favor, royal authority and plenary power, with the advice and consent of our distinguished Uncle John, governor and regent of our aforesaid kingdom of France and Duke of Bedford, and other n.o.bles of our race, and of many wise men of our great council, do const.i.tute, place, establish, found, and ordain forever by these present letters, a Studium Generale in our city of Caen, in the Diocese of Bayeux [Normandy].

The king does this for the better government of the kingdom, for the reason that no university exists within his jurisdiction in France, and for the preservation of the study of law:

We therefore, who with extreme longing desire to have our already-mentioned kingdom governed with justice and equity, and restored so far as we shall be able with G.o.d"s help [to restore it] to its pristine glory, [establish this university]

attentively considering the fact that no Studium in Civil Law has been established in our jurisdictions in France, and in the duchies of Normandy, Burgundy, and Brittany, the counties of Champagne and Flanders, the county of Picardy, and some other parts of the kingdom itself that are united in loyalty and obedience to us. [We do this] in order that the study of Civil Laws may not disappear in the aforesaid places, to the disadvantage of the State, but [that it] may become, under G.o.d"s guidance, vigorous to His glory, and the glory of our aforesaid Kingdom, and may flourish as an ornament and an advantage to future times.

The city of Caen is selected for the location of the university because of its favorable position, character, and surroundings. It is

A city, forsooth, suitable, quiet, and safe, becomingly adorned with noted monasteries, fraternities, cloisters, and homes of the Mendicant Friars and other devout religious bodies; with an overflowing population of mild-dispositioned, obedient, and devout people; [a city] fit also because of its varied supply of food and other things adapted to the needs of the human race; prosperous and well-disposed, situated on fertile soil, and near the sea, so that students, and merchants as well, can more readily and easily come together there from almost all parts of the world.

The King grants to the university--in order to establish its prestige--all the privileges granted by royal authority to any other university in France:

And, that the Doctors, Licentiates, Bachelors, students, and dependents of the aforesaid university, and their households and domestic servants, may be able the more freely and quietly to devote themselves to letters and scholastic deeds, we will, by our royal authority and plenary power, bestow upon these same Doctors, Licentiates, Bachelors, students, dependents, households, and domestic servitors, such and similar privileges, franchises, and liberties as have been granted, given, and bestowed by our predecessors the kings of France upon the rest of the universities of our kingdom.

The king grants in particular the usual privilege of a special judge for cases affecting members of the university:

And as Conservator of these [privileges] henceforth, we depute and appoint our Bailiff of Caen now in office, and his successors or whoever may hold that office; and to him we commit and consign by these present letters the hearing, determination, and final decision of cases and real actions [cases relating to conveyances of property] relating to persons and property, against all persons whatsoever who may be staying in our said Duchy of Normandy, or who may possess property there, either ecclesiastical or secular, if any action arises with regard to them, whether of offence or defence.

We command our justiciaries and officers, or those holding their places, one and all, to obey and to support efficiently the said Bailiff, the Conservator, or whoever holds his place, in the matters prescribed above, and such as are connected therewith.

And that the foregoing regulations may acquire strength and firmness we have caused the present letters to be secured by the affixing of our seal.[56]

FOOTNOTES:

[Footnote 4: History of my Calamities, _l.c._ p. 4.]

[Footnote 5: McCabe, _Abelard_, pp. 75, 76, 78.]

[Footnote 6: _l.c._. p. 82.]