Proclaimed on the fifth day before the Kalends of October (Sept. 27) at Constantinople, in the Consulship of Dalmatius and Zenophilas.[30]

(c) Canon Law

About 1142 (the year of Abelard's death) Gratian, a monk of Bologna, doubtless influenced by the school of Roman Law in that city, made a compilation of the Canon Law, which included the canons or rules governing the Church in its manifold activities,—"its relations with the secular power, its own internal administration, or the conduct of its members." Hitherto Canon Law had been regarded as merely a subdivision of Theology, just as Roman Law had been considered a branch of Rhetoric. It now became an independent subject,—further addition to the body of higher studies. As an influence upon the development of universities it was not less important than the Corpus Juris Civilis.

The compilation made by Gratian was added to in later generations, and the whole body of church law was known in the fifteenth century as the Corpus Juris Canonici (Body of Canon Law). Its main divisions are:

1. The Decree of Gratian (Decretum Gratiani) in three parts, published c. 1142. Part I contains one hundred and one distinctions (distinctiones) or divisions, which treat of matters relating to ecclesiastical persons and offices. Dist. XXXVII is translated below. Part II contains thirty-six cases (causae) each of which is divided into questions (quaestiones). These questions deal with problems which may arise in the administration of the canon law. Part III contains five distinctions which deal with the ritual and the sacraments of the church. Under each distinction, or question, are arranged the canons—the views of ecclesiastical authorities—on the matter under discussion.

2. The Decretals (Decretales), in five books, published by Pope Gregory IX in 1234.

3. The Sixth Book (Liber Sextus), a supplement to the Decretals by Pope Boniface VIII, 1298.

4. The Constitutions of Clementine (Constitutiones Clementinae), 1317.

5. Several collections of papal laws not included in those above, known by the general title of Extravagantes, i.e., laws extra vagantes, or outside of, the four compilations just mentioned.

Among all these the Decretum of Gratian was the great innovation which first marked out Canon Law as a distinct field of learning, separate from both Theology and Roman Law. It was written as a text-book; "it was one of those great text-books which take the world by storm." It created an entirely new class of students, separate from those devoted to Arts, Theology, Roman Law, and Medicine,—just as the development of Engineering and other new professional studies have created new groups of university students to-day,—and thereby increased the resort to the universities.

The selection following illustrates numerous characteristics of mediaeval university study. (1) The question itself is a very ancient subject of debate; the controversy, on religious grounds, concerning the study of the classics, had already continued for nearly a thousand years, and was destined to continue for centuries after the appearance of the Decretum. Many such questions were debated in the universities for generations. The debate on the classics still rages, though the arguments pro and con no longer raise the point of their influence on religious belief. (2) The selection is one among many examples of the powerful influence of Abelard's method in mediaeval writing and teaching. The reader will at once see in it the form of the "Yes and No." (3) It gives a very good idea of the substance of a university lecture, which would ordinarily consist in reading the actual text and comments here set down (see p. 111). (4) It shows how the mass of comments came to overshadow the original text, and by consequence to absorb the greater part of the attention of teachers and students. One object of university reform in all studies at the end of the fifteenth and the beginning of the sixteenth century was to sweep away this burdensome and often useless material, and to return to the study of the text itself (see p. 48). (5) It illustrates a common mode of interpreting in a figurative sense passages from the Bible which to the modern reader seem to have no figurative meaning. Thus (pp. 64, 66) the plagues of frogs and flies which Moses brought upon Egypt typify "the empty garrulousness of dialecticians, and their sophistical arguments "; the gifts of the three Magi to the infant Jesus signify "the three parts of philosophy," etc. Mediaeval literature contains a great mass of such interpretations.

The text and the "gloss," or commentary, are here placed on opposing pages for the sake of clearness. The text is a compilation, chiefly from earlier compilations; Gratian did not as a rule consult the sources themselves. His pupil, Paucapalea, made many additions to the text, one of which appears in this selection. The gloss here translated is the standard commentary (glossa ordinaria) which was used for centuries in the regular university lectures (see p. 108). Like the text, it is a compilation from many sources. It was first made (c. 1212) by John the German (Joannes Teutonicus), who added his own notes—usually signed "John"—to his selections from earlier glossators. The names or titles, often abbreviated, of commentators whom he quotes are frequently appended to their notes, e.g. John of Fa[enza], Hugo [of Pisa], C[ardinalis], Lau[rentius Hispanus]; many notes are unsigned. About 1238 the compilation of John the German was revised and enlarged by Bartholomew of Brescia, who also added comments from other writers, e.g. Arc [hidiaconus]. This revision forms the greater part, if not the whole, of the gloss which appears below.

The cross-references, in the comments below, are left untranslated. They are mainly citations of other passages in the Decretum itself. Such references as XVI. quaest III. nemo are to be read, Case XVI, question III, in the section beginning Nemo; XLVIII dist. sit rector means Distinction XLVIII, in the section beginning Sit rector. Several of the references in this selection are incorrect.

The gloss on this page belongs to the first line of text on page 60. It forms, with the Summaries on later pages, a complete analysis of the text. It indicates, first, the five subdivisions of the distinctio; second, its general purport. Later summaries analyze small portions of the text. (Cf. the description of the lecture by Odofredus, p. 111.)

This division is divided into five sections; the second begins: "Then why ..." (p. 68); the third begins: "The report has come to as" (p. 74); the fourth begins: "Christians are forbidden" (p. 75); the fifth begins: "As therefore is evident" (p. 75). John of Fa.[A]

Summary. Here follows the thirty-seventh division in which the question is asked whether it is fitting that the clergy be made acquainted with profane literature, that is, the books of the heathen. And first he proves that they should not be read (as far as "But on the other hand," p. 64). Then he proves the opposite and afterwards gives the solution (to "Then why," p. 68). The first two chapters are plain.

[SHALL PRIESTS BE ACQUAINTED WITH PROFANE LITERATURE, OR NO?]

But the question (h) is asked whether these men should be made acquainted with profane literature.

Here is what is written upon the matter in the fourth Carthaginian Council:

A Bishop should not read the books of the (i) heathen.

A bishop should not read the books of the heathen: those of heretics he may read carefully, either of necessity (k) or for some special reason.

So Jerome to Pope Damasus on the prodigal son:

Priests are blameworthy who, to the neglect of the Gospels, read comedies.

We see priests of God, to the neglect of the Gospels and the Prophets, reading comedies, singing the Amatory words of bucolic verses, keeping Vergil in their hands, and making that which occurs with boys as a necessity (k) ground for accusation against themselves because they do it for pleasure.

Idem:

They walk in the vanity and darkness of the senses who occupy themselves with profane learning.[B]

Does he not seem to you to be walking in the vanity of the senses, and in darkness of mind, who day and night torments himself with the dialectic art; who, as an investigator of nature, raises his eyes athwart the heavens and, beyond the depths of lands and the abyss, is plunged into the so-called void; who grows warm over iambics, who, in his over zealous mind, analyses and combines the great jungle of metres; and, (to pass to another phase of the matter), who seeks riches by fair means and foul means, who fawns upon kings, grasps at the inheritances of others, and amasses wealth though he knows not at the time to whom he is going to leave it?

(h) In this thirty-seventh division Gratian asks[C] whether one who is to be ordained ought to be acquainted with profane literature. First, however, he shows that the clergy ought not to give attention to the books of the heathen.[D] Then he gives the argument on the other side and offers this solution, that some read the books of the heathen for amusement and pleasure, and this is forbidden, while some read for instruction, and this is lawful, in order that, through these books they may know how to speak correctly and to distinguish the true from the false. John, as far as "Then why" (p. 68). And notice that in all the chapters up to "But on the other hand" (p. 64) pleasure alone seems to be forbidden.

(i) Therefore they ought not to hear the laws, for it is a disgrace to them if they wish to be versed in forensic training. C. de testa consulta divalia. But, on the other hand, the laws are divinely promulgated through the mouths of princes as XVI. quaest. III, nemo.[E] Some say that it is lawful to hear the laws in order that through them the canons may be better understood. He argues in favor of this division in the section beginning "Some read profane literature" (p. 70). John.

(k) In order that they may know how to speak correctly.

Likewise [Jerome] on Isaiah:

He who misunderstands the sacred scriptures, or makes a wrong use of profane wisdom, is drunken with wine[F] and with strong drink.

They are drunken with wine who (l) misunderstand the sacred scriptures and pervert them, and through strong drink they make a wrong use of profane wisdom and the wiles of the dialecticians, which are to be called, not so much wiles as figures, that is, symbols, so-called, and images, which quickly pass away and are destroyed. Likewise, in accordance with tropology (m), we ought to regard as false prophets those who interpret the words of the scriptures otherwise than as the Holy Spirit utters them, and as divine those who from the inferences of their own minds and apart from the authority of divine words, proclaim as true the uncertain events of the future. Likewise, those who do not understand the Scriptures according to the actual truth eat sour grapes.

Likewise [Jerome] in the Epistle to the Ephesians:

Bishops are blamed who train their own sons in profane literature.[G]

Let those bishops and priests read [this] who train their own sons in profane literature, and have them read those well-known comedies and sing the base writings of the actors of farces, having educated them perhaps on the money of the church.(a) And that which a virgin, or a widow, or any poor person whatever had offered, pouring out her whole substance as an offering for sin, this [is devoted] to a gift (b) of the calendar, and a saturnalian offering, (c) and, on the part of the grammarian and orator, to a thank-offering to Minerva, or else it is turned over for domestic expenses, or as a temple donation, or for base gain. Eli, the priest, was himself holy, but because ...

(l) The ears of those who misunderstand the words of the Master should be cut off: as XXIV. quaest. I. si Petrus.[H]

(m) That is, in accordance with the moral[I] meaning, from trope, i.e. a turning[J] or application, when we apply our words to the shaping of character.

XLIII. distinct. sit rector.

Additio. They did the opposite and he writes of penitence, distinct. I. super tribus. Archi.

(a) He argues contrariwise in dist. XXXI. omnino.

(b) Strena,—the first gift which is given at the beginning of the Calendar[K]. It is given for a good omen. XXV. quaest. ulti. non observetis.

It is called Strena as if from sine threna, i.e. without lamentation.

(c) Sportula (a gift) which is given for fables of Saturn, or for celebrating the festival of Saturn, or for games of Saturn,—for good luck.

...he trained not his sons (d) in every form of improving discipline, he fell prostrate and died.

(Also from the replies of Pope Urban to Charles, Chapt. 48).

Palea [Paucapalea, a pupil of Gratian]:

Heretics, when disputing,[L] place the whole strength of their wits upon the dialectic art, which, in the judgment of philosophers, is defined as having the power not of aiding but of destroying study. But the dialectic art was not pleasing[M] to God the Father, Son, and Holy Spirit, for the Kingdom of God is in the simplicity of faith, not in contentious speech.

Also Rabanus on the Afflictions of the Church:

The blessed Jerome is beaten by an angel because he was reading the works of Cicero.

We read about the blessed Jerome that when he was reading the works (e) of Cicero he was chidden by an angel because, being a Christian man, he was devoting himself to the productions of the pagans.

[The discussion which follows, to "Hence Bede," etc., p. 66, is attributed, in modern editions, to Gratian.]

Hence, too, the prodigal son in the Gospel is blamed because he would fain have filled his belly with the husks (f) which the swine did eat.

Hence, too, Origen understands by the flies and frogs with which the Egyptians were smitten, the empty garrulousness of the dialecticians and their sophistical arguments.

From all which instances it is gathered that knowledge of profane literature is not to be sought after by churchmen.

But, on the other hand[N] one reads that Moses and Daniel were learned in all the wisdom of the Egyptians and Chaldeans.

One reads also that God ordered the sons of Israel to spoil (g) the Egyptians of their gold and silver; the moral interpretation of this teaches that should we find in the poets either the gold of wisdom or the silver of eloquence, we should turn it to the profit of useful learning. In Leviticus also we are ordered to ...

(d) Such a one is rejected by the evidence, as VI. quaest. I. qui crimen. Also, he cannot be a bishop. As XLVIII. dist. Sec. necesse. Nay he is called a dog rather than a bishop. As II. quaest. VII. qui nee. John.

(e) Because he read them for pleasure not for instruction, as de conse. dist. V. non mediocriter.

(f) That is, with profane wisdom which fills but does not satisfy,[O]

(g) XIIII. quaest V. dixit.[P]

...offer up to God the first fruits of honey, that is, the sweetness of human eloquence. The Magi, too, offered three gifts, by which some would have us understand the three parts (h) of philosophy.

[The reader will note that the two paragraphs following belong more properly to the first part of the argument; they may be inserted just before the third paragraph above,—"From all which instances," etc.]

Finally in his exposition of the Psalms, Cassiodorus bears witness that all the splendor of rhetorical eloquence, all the melody of poetic speech, whatever variety there may be of pleasing pronunciation, have their origin in divine Scriptures.

Hence also Ambrose says concerning the Epistle to the Colossians: The sum total of celestial knowledge or of earthly creation is in Him who is their Fountain-head and Author, so that he who knows Him should not seek anything beyond, because He is goodness and wisdom in their completeness; whatever is sought elsewhere, in Him is found in its completeness. In Daniel and Solomon he shows that He is for infidels the source of all their eloquence and wisdom. Infidels do not so think, because they do not, in the Gospels and the prophets, read about astrology and other such like things, which are of slight (i) worth because they avail not for salvation, but lead to error; and whoever devotes himself to these has no care for his soul; while he who knows Christ finds a treasure house of wisdom and knowledge, because he knows that which is of avail.

Hence Bede says in the Book of Kings:

The clergy should not be prevented from reading profane literature.[Q]

He harms the mental acumen of readers, and causes it to wane, who thinks that they should in every way be prevented from reading profane books; for whatever useful things (k) are found in them it is lawful to adopt as one's own. Otherwise Moses and Daniel would not have been allowed to become learned in the wisdom and literature of the Egyptians and ...

(h) I.e. Ethics, natural philosophy, rational philosophy.

(i) Compared with other knowledge. John.

(k) He argues that the useful is not vitiated by the useless as XVII. q. IV. questi s. dist. IX. si ad scripturas. Contra Joan.

...Chaldeans, whose superstitions and wantonness nevertheless they shuddered at. And the teacher (l) of the gentiles himself would not have introduced (m) some verses of the poets into his own writings or sayings.

[On this Gratian comments:]

Then why[R] are those [writings] forbidden to be read which, it ...

(l) For we read that when Paul had come to Athens he saw an altar of the Unknown God on which it was written: "This is an altar of[S] the Unknown God in whom we live and move and have our being." And with this inscription the Apostle began his exhortation and made known to those Athenians the meaning of this inscription,—continuing about our God and saying: "Whom you pronounce Unknown, Him declare I unto you and worship." Then Dionysius,[T] the Areopagite, seeing a blind man passing by said to him (i.e. Paul), "If you will give sight to that blind man I will believe you." Immediately, when the name of Christ had been invoked, he was restored to sight and Dionysius believed.

(m) E.g. In the Epistle of Paul to Titus,[U] the quotation from Epimenides the poet: "The Cretians are always liars, evil beasts, slow bellies." I. quaest, i. dominus declaravit.

Also he introduced in the first Epistle to the Corinthians this from Menander: "Evil communications often corrupt good manners." XXVIII. quaestio I. saepe.

He used also this verse: "I shall hate if I can: if not, I shall love against my will." But Jerome in his fifth division on Consecration often used verses from Virgil and Augustine, this of Lucan's: "Mens hausti nulla" &c. XXVI. quaestio V. nee mirum. And, as a lawyer, he uses the authority of Vergil, ff. de rerum divisione, intantrum Sec. cenotaphium; and also, of Homer, insti. de Dontrahen. emp. Sec. pretium.

...is shown so reasonably, should be read? Some (n) read profane literature for their pleasure, being delighted with the productions of the poets and the charm of their words; while others learn them to add to their knowledge, in order that through reading the errors, of the heathen they may denounce them, and that they may turn to the service of sacred and devout learning the useful things they find therein. Such are praiseworthy in adding to their learning profane literature. Whence blessed Gregory did not blame a certain bishop for learning it but because, contrary to his episcopal obligation, he read grammar to the people in place of the Gospel lesson.

Hence also Ambrose writes concerning Luke:

Profane writings should be read that they may not be unknown.

Some we read (o) that we may not neglect (a) them; we read that we may not be ignorant of them; we read not that we may embrace them but that we may reject them.(b)

So Jerome on the Epistle to Titus:

Grammar should be read in order that through it the Sacred Scriptures may be understood.

If anyone[V] has learned grammar or dialectics in order to have the ability to speak correctly and to discriminate between the true and the false, we do not blame them. Geometry (c) and Arithmetic and Music contain truth in their own range of knowledge, but that knowledge is not the knowledge of piety. The knowledge of piety is,—to know the law, to understand the prophets, to believe the Gospel, (and) not to be ignorant of the Apostles. Moreover the teaching of the grammarians can contribute to life, provided it has been applied to its higher uses.

Idem:

From the example of Daniel it is established that it is not a sin to be learned in profane literature.[W]

(n) Whence Saint Gregory in his LXXXVI Division, and in many places.

(o) This entire section should be read with regard to profane knowledge according to Jerome, and the threefold reason why it should be acquired is shown: namely that it be not neglected, that it be not unknown, that it may be refuted[X]. So we read some, as the Old and New Testament, that we may not neglect them. Some we read (as the Arts) that we may not be ignorant of them. Some, as the writings of the heretics, that we may refute them. Some (we read) that they be not neglected, as the Old Testament.

(a) For although of no use yet knowledge of them is necessary, as in dist. VII. cap. ult.

(b) As the books of heretics. As XXIV. quaestio III. cap. ult.

(c) Geometry. He does not mention Astronomy because this subject has fallen into disuse as XXVJ. quaest. II. Sec. his ita.

Those who are unwilling to partake of the table (d) [i.e. meat] and wine of the king, that they may not be defiled, surely would never consent to learn that which was unlawful if they knew that (e) the wisdom and learning of the Babylonians was sinful. They learn, however, not that they may conform thereto, but that they may judge and convict. For example, if any one ignorant of mathematics should wish to write against the mathematicians, he would expose himself to ridicule; also in contending against the philosophers, if he should be ignorant of the dogmas of the philosophers. With this intent therefore they would learn the wisdom of the Chaldeans just as Moses had learned all the wisdom of the Egyptians. So too: If ever we are compelled to call to mind profane literature, and from it to learn things we before had omitted, it is not a matter of our personal desire, but, so to speak, of the weightiest necessity,—in order that we may prove that those events which were foretold (f) many ages ago by the holy prophets are contained (g) in the writings of the Greeks, as well as in those of the Latins and other Gentiles.

So, too, from the synod of Pope Eugene:

Bishops should appoint teachers and instructors in suitable places.[Y]

The report has come to us with regard to certain regions that neither teachers, nor care for the pursuit of letters, is found. Therefore, in every way, care and diligence should be used by all the bishops among the peoples subject to them, and in other places where the necessity may arise, that teachers and instructors be appointed to teach assiduously the pursuit of letters and the principles of the liberal arts, because in them especially are the divine commands revealed and declared.

Likewise Augustine in his book against the Manichaeans:

The vanity of the gentiles is repressed and refuted by the use of their own authorities.

If the Sibyl or Orpheus or other soothsayers of the gentiles,

(d) Daniel, Ananias, Misael[Z], Azarias.[AA] For it is disgraceful for one who is in a discussion not to know the law in question.

(e) From the fact that Jerome here quotes the example of Daniel, the argument is derived that in doubtful cases recourse should be had to the example of our forefathers and others. XVI. quaest. I. sunt nonnulli. XXII. quaest. I. ut noveritis. I quaest. VII. convenientibus. XII. quaest. II questa. XVI. quaest. III. praesulum. XVI. quaest. I. cap. ult. XXVI. quaest. II. non statutum. et cap. non examplo. C. de sen. et interlo. nemo[AB] contra. The solution is that where rules fail recourse must be had from similars to similars, otherwise not. XX. distinct. de quibus;[AC] assuming that it is as there stated. Likewise the argument holds that good is assumed from the very fact that it has come from something good. As VII. quaest. I. omnis qui. & XXXIIII. quaest. I. cum beatissimus. IX. quaest. II. Lugdunensis. XII. quaest. I. expedit. XXVIII. quaest. I. sic enim. XXXI distinct, omnino. John.

(f) For example, as to the Incarnation, that passage in Virgil[AD]: "Jam nova progenies caelo demittitur ab alto."

(g) As that passage from Ovid[AE], "Odero si potero: si non, invitus amabo."

[The notes on the remaining paragraphs of the text are here omitted owing to their length.]

...or philosophers, are said to have foretold any truth, it certainly has weight in overcoming the vanity of the pagans; not, however, in leading to the acceptance of their authority. For as great as is the difference between the prediction of the coming of Christ by the angels and the confession of the devils, so great a difference is there between the authority of the prophets and the curiosity of the sacrilegious.

Likewise Pope Clement:

For the understanding of Sacred Scriptures knowledge of profane writings is shown to be necessary.

It has been reported to us that certain ones dwelling in your parts are opposed to the sacred teaching, and seem to teach just as it seems best to them, not according to the tradition of the fathers, but after their own understanding; for, as we have heard, certain ingenious men of your parts draw many analogies of the truth from the books they read. And there special care must be taken that when the law of God is read, it be not read or taught according to the individual's own mental ability and intelligence. For there are many words in divine scripture which can be drawn into that meaning which each one, of his own will, may assume for himself; but this should not be so, for you ought not to seek out a meaning that is external, foreign, and strange, in order, by any means whatsoever, to establish your view from the authority of scriptures; but you should derive from the scriptures themselves the meaning of the truth. And therefore it is fitting to gain knowledge of the scriptures from him who guards it according to the truth handed down to him by the fathers, and that he may be able correctly to impart that which he rightly learned. For when each one has learned from divine scriptures a sound and firm rule of truth, it will not be strange if from the common culture and liberal studies, which perhaps he touched upon in his youth, he should also bring something to the support of true doctrine,—in such manner, however, that when he learns the truth, he rejects the false and the feigned.

Likewise Isidorus in his book of Maxims:

Why Christians should be forbidden read the productions of the poets.

Christians are forbidden to read the productions of the poets because through the allurements of their fables the mind is too much stimulated toward the incentives to unlawful desires.

For not only by the offering of incense is sacrifice made to devils, but also by accepting too readily their sayings.

[Gratian draws the CONCLUSION.]

As therefore is evident from the authorities already quoted ignorance ought to be odious to priests. Since, if in ignorance of their own blindness they undertake to lead others, both fall into the ditch. Wherefore in the Psalm it is said: "Let their eyes be darkened that they may not see, and bow down their back always." For when those who go ahead are darkened, they who follow are easily inclined to bear the burdens of sinners. Therefore priests must endeavor to cast off ignorance from them as if it were a sort of pestilence. For although, in a few instances, it is said that a slave is flogged who does not do his master's will through ignorance of that will, this is not, generally understood of all. For the Apostle says: "If any man be ignorant, let him be ignorant," which is to be understood as referring to him who did not wish to have knowledge that he might do well.

Hence Augustine in his book of Questions:

Not every man who is ignorant is free from the penalty. For the ignorant man who is ignorant because he found no way of learning (the law) can be excused from the penalty, while he cannot be pardoned who having the means of knowledge did not use them.[31]

(d) Theology

As above noted, one of the two great contributions of the twelfth-century revival of learning to the field of university studies was scholastic theology. The number of books written on this subject was enormous. The ponderous tomes, loaded with comments, make a long array on the shelves of our great libraries, but they are memorials of a battlefield of the mind now for the most part deserted. The importance of the subject in the scheme of mediaeval education has been much exaggerated; it was the pursuit of a very small minority of students. It has a certain interest to the historian of education, however, as an illustration of the way in which a method struck out by a single original thinker may influence the work of scholars and universities for generations. The method of scholastic theology is mainly due to Abelard.

The roots of the nobly developed systems of the thirteenth century theology lie in the twelfth century; and all Sums of Theology, of which there was a considerable number, not only before Alexander of Hales [thirteenth century] but also before and at the time of Peter Lombard, may be traced back directly or indirectly to Paris.[32]

In this mass of theological writings one book stands out as the contribution which for three centuries most influenced university instruction in theology. This is the "Sentences" (Sententiae) of Peter Lombard (c. 1100-1160), in four books. The subjects discussed in this work are similar to those treated by Abelard in the Sic et Non (see p. 20). In not a few instances it adopts the form of presentation used in that book, i.e., the citation of authorities on both sides of the case. Like the Decretum of Gratian, it is an illustration of the widespread influence of the Sic et Non.

A great number of commentaries were written upon this book. A manuscript note in one of the copies in the Harvard library states that four hundred and sixty such commentaries are known; but I have been unable to verify the statement.

In theory, the Bible was studied in the Faculties of Theology in addition to the "Sentences"; but in the thirteenth century and later it seems to have occupied, in practice, a minor share of the student's attention. To this effect is the criticism of Roger Bacon in 1292:

Although the principal study of the theologian ought to be in the text of Scripture, as I have proved in the former part of this work, yet in the last fifty years theologians have been principally occupied with questions [for debate] as all know, in tractates and summae,—horse-loads, composed by many,—and not at all with the most holy text of God. And accordingly, theologians give a readier reception to a treatise of scholastic questions than they will do to one about the text of Scripture.... The greater part of these questions introduced into theology, with all the modes of disputation (see p. 115) and solution, are in the terms of philosophy, as is known to all theologians, who have been well exercised in philosophy before proceeding to theology. Again, other questions which are in use among theologians, though in terms of theology, viz., of the Trinity, of the fall, of the incarnation, of sin, of virtue, of the sacraments, etc., are mainly ventilated by authorities, arguments, and solutions drawn from philosophy. And therefore the entire occupation of theologians now-a-days is philosophical, both in substance and method.[33]

(e) Medicine

The medical learning of western Europe was greatly enlarged during the eleventh and twelfth centuries by the translation into Latin of numerous works by Greek, Arabic, and Jewish physicians. These became the standard text-books of the Faculties or Schools of Medicine. The Greek writers most commonly mentioned in the university lists of studies are Hippocrates (fifth century B.C.) and Galen (second century A.D.). Several of their more important works were first translated—like those of Aristotle—from Arabic versions of the original Greek. Avicenna (c. 980-1037) furnished the most important Arabic contribution. Accounts of these men and their writings may be found in any good encyclopedia. For the program of studies at Paris see D.C. Munro, "Translations and Reprints," Vol. II, Pt. III. A list of the books used at Montpellier, one of the most important medical schools, is given in Rashdall, Vol. II, Pt. I, p. 123, and Pt. II, p. 780; the list for Oxford, p. 454 f.

(f) Other University Text-books

The foregoing sections indicate the books which furnished the intellectual basis for the rise of universities, and particularly the basis for their division into Faculties. They do not indicate by any means the whole list of books used in the universities between 1200 and 1500; nor is it possible here to give such a list. Two facts only are to be noted concerning them: First, a considerable number of books already well known in the twelfth century were used in addition to those mentioned above. Among these may be mentioned the Latin grammars of Donatus (fl. 350 A.D.) and Priscian (fl. 500 A.D.), treatises by Boethius (c. 475-525) on Rhetoric, Logic, Arithmetic, and Music, and his translations of various portions of the Organon of Aristotle, and of the Iagoge, or Introduction to the Categories of Aristotle, by Porphyry (c. 233-306). The Geometry of Euclid (fl. 300 B.C.) was translated about 1120 by Adelard of Bath, and the Astronomy (Almagest) of Ptolemy (second century A.D.) was pharaphrased from the Arabic by Gerard of Cremona toward the close of the twelfth century, under the title Theorica Planetarum.

Second, during the whole period under discussion there was an active production of new text-books on the established subjects, some of which were widely used in the universities. Among the grammars was the Doctrinale of Alexander da Villa Dei, written in 1199. This rhyming grammar was enormously popular, and continued to be so, well into the sixteenth century. The Grecismus and Labyrinthus of Eberhard of Bethune (early thirteenth century), also grammars in rhyme, were widely used. Logical treatises often mentioned in university programs of study were De Sex Principiis (On the Six Principles), written about 1150 by Gilbert de la Porree, a teacher of John of Salisbury; and the Summulae of Petrus Hispanus (thirteenth century). In the thirteenth century Albertus Magnus made a digest of all the works of Aristotle, which proved to be easier for students than the originals, and which were sometimes used in place of them. Among mathematical works of this century were the Algorismus (Arithmetic) and the Libellus de Sphaera (On the Sphere) by John Holywood (Sacrobosco); and the Perspectiva Communis, i.e. Optics, by John (Peckham) of Pisa. A treatise on Music by John de Muris of Paris was produced in the early part of the fourteenth century. All of these were well-known university text-books. They appear in the list at Leipzig throughout the fifteenth century (see p. 139).

4. UNIVERSITY PRIVILEGES

The privileges granted by civil and ecclesiastical powers constitute a fourth important influence upon the growth of universities. Beginning with the year 1158 a long series of immunities, liberties, and exemptions was bestowed by State and Church upon masters and students as a class, and upon universities as corporations. Masters and scholars were, for example, often taken under the special protection of the sovereign of the country in which they were studying; they were exempted from taxation, and from military service; most important of all, they were placed under the jurisdiction of special courts, in which alone they could be tried. Universities as corporations were given, among other privileges, the right to confer upon their graduates the license to teach "anywhere in the world" without further examination, and the very important right to suspend lectures, i.e. to strike, pending the settlement of grievances against State or Church. They had, of course, the general legal powers of corporations. Thus fortified, the universities attained an astonishing degree of independence and power; and their members were enabled to live in unusual liberty and security. This fact in itself unquestionably tended to increase the university population.

The masters and scholars of Bologna, Paris, and Oxford seem to have led the way in securing privileges. Their precedent made it easier for later universities to secure similar rights. These were sometimes established "with all the privileges of Paris and Bologna," or "all the privileges of any other university."

The authorities who granted privileges were the sovereigns of Various countries,—the Emperor of the Holy Roman Empire, the kings of France, England, the Spains—feudal lords, municipalities, and the Pope or his legates. They usually conferred them upon special universities, or upon the masters and students in specified towns, and sometimes only for a definite term of years. Minor privileges differed greatly in different localities, but the more important ones—indicated above—were possessed by nearly all universities.

The documents which follow illustrate both the variety of privileges and the variety of authorities who granted them.

(a) Special Protection is granted by the Sovereign

I. The earliest known privilege of any kind connected with the history of mediaeval universities is the Authentic Habita. It was granted by Frederick Barbarossa (Frederick I), Emperor of the Holy Roman Empire, at the Diet of Roncaglia, Italy, in 1158; probably through the influence of Doctors of Law from Bologna. These men were doubtless familiar with the fact that similar privileges had been given to teachers and scholars by various Roman emperors, some of which were preserved in the Code of Justinian (see p. 54). The Authentic Habita may be regarded as the revival of an ancient Roman custom. The section of the Authentic granting the special protection of the Emperor follows:

After careful inquiry of the bishops, abbots, dukes, counts, judges, and other nobles of our sacred palace in regard to this matter, we, in our loving-kindness, do grant to all scholars who are travelling for the sake of study, and especially to professors of divine and sacred laws, this privilege: Both they and their messengers are to come in security to the places in which the studies are carried on, and there they are to abide in security. For we think it proper, in order that they may be upheld in their good works by our fame and protection, to defend from all harm, by definite special favor, those by whose knowledge the world is illumined unto obedience to God and to us his servants, and the lives of our subjects are moulded.... Therefore by this law, which is of general effect, and is to be valid forever, we decree that hereafter no one shall show himself so bold as to presume to inflict any injury upon scholars, or, for an offence committed in their former province, to impose any fine upon them,—which, we have heard, sometimes happens through an evil custom. And let violators of this decree, and the local rulers at the time in case they have themselves neglected to punish such violation, know surely that a four-fold restitution of property shall be exacted from all, and that in addition to the brand of infamy affixed to them by the law itself, they shall be forever deprived of their official positions.[34]

2. In 1200 Philip Augustus of France made certain regulations regarding the protection of students at Paris, and entrusted their execution to the Provost of that city. This is the earliest known charter of privileges for Paris. It should be read in connection with the following selection. For the text in full see D.C. Munro, l.c. p. 4.

Small causes, great events! As is narrated in the contemporary account given below, a simple tavern brawl led to the granting of these extensive privileges. This is one among many examples of the way in which the universities turned similar events to their own advantage. The passage also exhibits a typical conflict between town and gown.

On the dissension which existed between the Scholars and the Citizens of Paris. [1200 A.D.]

In that same year a grave dissension arose between the scholars and the citizens of Paris, the origin of which was as follows:

There was at Paris a notable German scholar who was bishop-elect of Liege. His servant, while buying wine at a tavern, was beaten and his wine jar was broken. When this was known, the German clerks came together and entering the tavern they wounded the host, and having beaten him they went off, leaving him half dead. Therefore there was an outcry among the people and the city was stirred, so that Thomas, the Provost of Paris, under arms, and with an armed mob of citizens, broke into the Hall of the German clerks, and in their combat that notable scholar who was bishop-elect of Liege, was killed, with some of his people.

Therefore the Masters of the scholars in Paris going to the King of France complained to him of Thomas, the Provost of Paris and of his accomplices who killed the aforesaid scholars. And at their instance the aforesaid Thomas was arrested, as were certain of his accomplices, and put in prison. But some of them escaped by flight, leaving their homes and occupations; then the King of France, in his wrath, had their houses demolished and their vines and fruit trees uprooted.

But as to the Provost, it was decided that he should be kept in prison, not to be released until he should clear himself by the ordeal of water or sword, and if he failed, he should be hung, and if he was cleared he should, by the King's clemency, leave the kingdom.

And yet the scholars, pitying him, entreated the King of France that the Provost and his accomplices after being flogged after the manner of scholars at school, should be let alone and be restored to their occupations.

But the King of France would not grant this, saying that it would be greatly derogatory to his honor if any one but himself should punish his malefactors. Furthermore, this same King of France, being afraid that the Masters of the scholars, and the scholars themselves, would withdraw from his city, sought to satisfy them by decreeing that for the future no clerk should be haled to a secular trial on account of any misdemeanor which he had committed, but that if the clerk committed a misdemeanor he should be delivered over to the Bishop and be dealt with in accordance with the clerk's court. Also this same King of France decreed that whoever was the Provost of Paris should take oath that he would be loyal to the clerks, saving his loyalty to the King. Moreover this same King conferred upon the scholars his own sure peace and confirmed it to them by his own charter.

But that Provost, when he had been detained in the King's prison for many days planned his escape by flight, and, as he was being lowered over the wall, the rope broke, and falling from a height to the ground, he was killed.[35]

3. Special protection for a limited time is granted more explicitly by Philip IV in 1306:

Philip, by the grace of God King of France and Navarre, to our Provost at Paris, greeting. Whereas the University, masters and Scholars at Paris, are under our special guardianship and protection as they—both Masters, and Scholars as well—come to their studies, stay in the said city, or return to their own places; and inasmuch as injuries, annoyances, oppression, and violence are frequently inflicted upon them, as we have heard, not only in your prefecture but in other places also, to the prejudice of our guardianship,—which wrongs could not be prosecuted outside of Paris in any way which would prevent them from being distracted from their studies, to their serious prejudice and that of the aforesaid University, and from being harassed by serious struggles and expense,—therefore we entrust and commit to you their protection and custody, and in addition thereto the restraint of those persons who, to the prejudice of our protection and guardianship, inflict upon the above-mentioned Masters or Scholars unjust violence, injury or loss, either within the limits of your prefecture or in other places of our kingdom, wheresoever the aforesaid wrongs are committed.

This present arrangement is to be in force for a period of two years only.[36]

4. The personal property of Masters and Scholars is protected.

The privilege of Philip Augustus for Paris, 1200.

Also our judges [of the secular courts] shall not lay hands on the chattels of the students at Paris for any crime whatever. But if it seem that these ought to be sequestrated, they shall be sequestrated and guarded after sequestration by the ecclesiastical judge, in order that whatever is judged legal by the ecclesiastical judge may be done.[37]

More comprehensive protection is given by the charter of Philip IV, 1340/41, concerning Masters and Scholars at Paris. The king decrees—

Likewise, that their goods and means of support, whereon they have and will have to live in pursuing their studies as aforesaid, in consideration of their status, shall not be taken for our use or that of our subjects or be in any way whatever interfered with under cover of wars or any other pretext whatever, by any persons whatever, of whatever condition, status, or prominence they may be.[38]

(b) The Sovereign grants to Scholars the Right of Trial in Special Courts, in the City in which they are studying.

This remarkable privilege was one great source of the liberty of mediaeval scholars. Under its protection they could not be summoned to a court outside the university town, even to answer for an offense committed elsewhere; the plaintiff must appear at the town in which they were studying, and before specified judges, who were at least not inclined to deal severely with scholars. At Paris scholars were not only protected as defendants, but they had the right as plaintiffs to summon the accused to Paris.

1. The earliest document on the subject is the concluding section of the Authentic Habita, described above:

Moreover, should anyone presume to bring a lawsuit against the scholars on any ground, the choice [of judges] in the matter shall be given to the said scholars, who may meet their accusers before either their professors or the bishop of the city, to whom we have given jurisdiction in this matter. But if, in sooth, the accusers shall attempt to hale the scholar before another judge, the scholar shall escape from the merited punishment, even though the cause be most just, because of such attempt.

This provision is reminiscent of, if not actually inspired by, a similar provision for scholars in the Code of Justinian (see p. 54). The Authentic Habita as a whole is important as the fundamental charter of university privileges in Italy, if not in other countries. It was not granted to a university,—indeed, no university was apparently then in existence,—nor to the scholars of any special town; it was "of general effect." But "this pre-university charter was usually recognized as the basis of all the special privileges conferred on particular (Italian) universities by the States in which they were situated."[39] Probably it suggested, directly or indirectly, the granting of similar privileges to universities in other countries. It certainly affected those universities which were founded "with all the privileges of any other university." Two further illustrations follow.

2. In 1245 Pope Innocent IV exempted students at Paris from citation to ecclesiastical courts outside of Paris, in order that their studies might not be interrupted:

To the masters and scholars at Paris. In order that you may carry on your studies more freely and be less occupied with other business, we grant your petitions, and by the authority of this present letter bestow upon you the privilege of not being haled by apostolic letters beyond the limits of the city of Paris upon questions that have arisen within its limits, unless [these letters] make express mention of this privilege.[40]

3. The same privilege was granted as regards civil courts by Philip IV in 1340/41:

... The Masters and Scholars studying at Paris, if summoned by any secular judges of our realm, shall not be haled and cited to their courts outside of Paris; nor shall laymen who are subject to our rule attempt to bring this about.[41]

This right was known at Paris as the jus non trahi extra (right of not being haled outside). "It became henceforth the characteristic university privilege, not only of Paris but of all universities which were in any degree influenced by Parisian usage."[42]

(c) Exemption from Taxation

One of the most important privileges enjoyed by modern universities (in common with other educational institutions, and with churches) is exemption from taxation. This privilege is directly traceable to those of the mediaeval universities, and possibly through them to Roman laws on the subject. In the early history of universities the privilege was held, not by the corporations as such, but by masters and scholars as individuals.

1. One example of such exemption is found in the charter of Philip IV, 1340/41, already quoted:

To the aforesaid Masters and Scholars [of Paris], now in attendance at the University, and to those who are hereafter to come to the same University, or who are actually preparing in sincerity so to come, also while [they are] staying at the University, or returning to their own homes, we grant ... that no layman, of whatever condition or prominence he may be, whether he be a private person, prefect, or bailiff, shall disturb, molest, or presume otherwise in any way whatsoever to seek to extort anything from the aforesaid Masters and Scholars, in person, family or property, under pretext of toll, tallia [special form of feudal tax], tax, customs, or other such personal taxes, or other personal exaction of any kind, while they are either coming to the University itself, or actually preparing in sincerity to come, or returning to their own homes; and whose status as scholars shall be established by the proper oath.

2. The charter of the University of Leipzig, in 1409, exempts certain property of the corporation, as such, from taxes:

Likewise in said town, in behalf of the aforesaid University, and for the increase of the same, we have instituted and founded two Colleges, ... and for these we have given and assigned two houses ... and these same houses of the said Colleges we have made free from all losunge, exactions, contributions, steura, laws, taxes, and from the control of the citizens of the beforementioned town; and of our sure knowledge we incorporate them and make them free for the advantage of the aforesaid University.[43]

The words steura and losunge refer to special forms of taxes whose exact nature is not known.

3. Not only were Masters, students, and corporate property exempt from taxation, but also persons connected with the universities in subordinate capacities. There was much dispute in some places as to the number and occupations of those who might be thus exempted. The following letter of Henry VI of England to the University of Caen, Normandy, settles one of these disputes.

On January 22, 1450, the King refused to free the dependents of the university from taxation. The Masters and Scholars thereupon made formal complaint to him that this refusal hindered the free and peaceful pursuit of their studies as guaranteed by his charter of 1432 (see p. 103). In reply (February 13, 1450), the King recognized the justice of the complaint and granted the desired privilege. Compare the similar exemption in the Harvard Charter of 1650 (p. 101). The letter is apparently addressed to the Bailiff of Caen and other royal officials.

Nevertheless since those letters of ours [of January 22] were sent, proper and true objection has been made to us as to those privileges, whereby we have well understood that the Doctors, Masters, Scholars, dependents, officers, households and servitors should not be subject to or obliged to contribute to such villein-taxes, aides, and octrois.

Therefore is it, that we—wishing our letters, gifts of privileges, and commands to be guarded and supported without any diminution or loss in any manner whatever, but to be increased, augmented and maintained—have regarded and also considered the fact that said members of our said daughter [i.e. the University] could not well carry out the requirements of study, or continue therein, if their servitors and households did not enjoy and use such and similar privileges as said members. Desiring, with all our heart the maintenance, continuation and increase of our said University which (not without good reason) we have under our special favor, considering these things, with the advice and counsel of our very dear and very beloved Cousin Edmond, Duke of Somerset, Lieutenant-General and Governor in our stead of our realms of France, the country and Duchy of Normandy, we command and strictly enjoin you all and each one of you so far as he shall be concerned, that you make or cause to be made free and exempt from said villein-taxes, aides, and octrois, one advocate, one purveyor, one bell-ringer, two booksellers, two parchment makers, two illuminators, two bookbinders, six beadles, five bailiffs, (one for each of the five Faculties) and seven messengers (understanding that there shall be one for each diocese in our said Duchy), and this you shall do up to this number of attendants and servitors of this our University, and at the same time, uphold, maintain and continue them in their rights, franchises, and liberties, of which by our said command, foundation, and augmentation, you find them to be and to have been duly possessed, without suffering anything to disturb or interfere with this.

And, although in our other letters devoted to the regulation of this University the said five bailiffs and seven messengers were not in any way included, yet by special grace through these present letters, to the end that our said University may be able to have the servitors necessary to it, without whom the requirements of study could not be continued and maintained, we wish the said five bailiffs and seven messengers to enjoy such and similar privileges as the rest who are named in our other said letters of regulation, notwithstanding that the said letters and any others whatever may require, or seem to require, the contrary to this.

And that the aforesaid suppliants may be able to have, at their need, these present letters in various and diverse places, we wish that copies of these, made under the royal seal, be in good faith made like the original.[44]

(d) The Privilege of suspending Lectures (Cessatio)

One of the most effective privileges of mediaeval universities was the right of suspending lectures. This was used again and again in cases of unredressed grievances against civil or ecclesiastical authorities,—more particularly against the former. A cessatio was usually followed by a migration of masters and scholars to some other university, unless satisfaction was promptly forthcoming. Such a migration was a serious blow to the commercial prosperity of any town; consequently the "cessation" was an instrument of great power for the extraction of all sorts of local concessions. It was often exercised without express authorization by civil or ecclesiastical powers, but the privilege was distinctly conferred by a bull of Pope Gregory IX for Paris in 1231:

And if, perchance, the assessment [right to fix the prices] of lodgings is taken from you, or anything else is lacking, or an injury or outrageous damage, such as death or the mutilation of a limb, is inflicted on one of you, unless through a suitable admonition satisfaction is rendered within fifteen days, you may suspend your lectures until you have received full satisfaction. And if it happens that any one of you is unlawfully imprisoned, unless the injury ceases on a remonstrance from you, you may, if you judge it expedient, suspend your lectures immediately.[45]

The events leading up to the granting of this privilege are worth recounting as an illustration of the way in which such rights were frequently secured. The "clerks" referred to were of course scholars. The cessation of lectures was followed by a migration to other cities until satisfaction was given. The exact nature of the satisfaction given by the king is not known. One important result, however, was the great charter of papal privileges just referred to,—"the Magna Charta of the University" of Paris.[46]

"Concerning the discord that arose at Paris between the whole body of clergy and the citizens, and concerning the withdrawal of the clergy" [1229]:

In that same year, on the second and third holidays before Ash Wednesday, days when the clerks of the university have leisure for games, certain of the clerks went out of the City of Paris in the direction of Saint Marcel's, for a change of air and to have contests in their usual games. When they had reached the place and had amused themselves for some time in carrying on their games, they chanced to find in a certain tavern some excellent wine, pleasant to drink. And then, in the dispute that arose between the clerks who were drinking and the shop keepers, they began to exchange blows and to tear each other's hair, until some townsmen ran in and freed the shop keepers from the hands of the clerks; but when the clerks resisted they inflicted blows upon them and put them to flight, well and thoroughly pommelled. The latter, however, when they came back much battered into the city, roused their comrades to avenge them. So on the next day they came with swords and clubs to Saint Marcel's, and entering forcibly the house of a certain shop keeper, broke up all his wine casks and poured the wine out on the floor of the house. And, proceeding through the open squares, they attacked sharply whatever man or woman they came upon and left them half dead from the blows given them.

But the Prior of Saint Marcel's, as soon as he learned of this great injury done to his men, whom he was bound to defend, lodged a complaint with the Roman legate and the Bishop of Paris. And they went together in haste to the Queen, to whom the management of the realm had been committed at that time, and asked her to take measures for the punishment of such a wrong. But she, with a woman's forwardness, and impelled by mental excitement, immediately gave orders to the prefects of the city and to certain of her own ruffians [mercenary body-guard] with all speed to go out of the city, under arms, and to punish the authors of the violence, sparing no one. Now as these armed men, who were prone to act cruelly at every opportunity, left the gates of the city, they came upon a number of clerks busy just outside the city walls with games,—men who were entirely without fault in connection with the aforesaid violence, since those who had begun the riotous strife were men from the regions adjoining Flanders, whom we commonly call Picards. But, notwithstanding this, the police, rushing upon these men who they saw were unarmed and innocent, killed some, wounded others, and handled others mercilessly, battering them with the blows they inflicted on them. But some of them escaping by flight lay hid in dens and caverns. And among the wounded it was found that there were two clerks, rich and of great influence, who died, one of them being by race a man of Flanders, and the other of the Norman Nation.

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 God 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 assign 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 God 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 institutions. 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 Municipality

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 principal, 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 illustrations 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 institutions 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 municipalities 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 nobles of our race, and of many wise men of our great council, do constitute, 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 God'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 God'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.]

[Footnote 7: l.c. p. 89.]

[Footnote 8: Ouvrages Inedits d' Abelard, ed. V. Cousin, p. 16.]

[Footnote 9: Sic et Non, CLVI. The Latin text of this book is printed in Ouvrages Inedits d' Abelard, ed. V. Cousin.]

[Footnote 10: Metalogicus, ed. Giles, I, 2, 3.]

[Footnote 11: Metalogicus, II, 10.]

[Footnote 12: Poole, pp. 119,114.]

[Footnote 13: Metalogicus, I, 24.]

[Footnote 14: Metalogicus, II, 10. The translation of this chapteris adapted from Giles, Works of John of Salisbury, I, p. xiii, and R.L. Poole, Illustrations of the History of Mediaeval Thought, pp. 210, 212.]

[Footnote 15: Metalogicus, II, 9.]

[Footnote 16: Denifle: Die Entstehung der Universitaeten des Mittelalters, I, 45, 46.]

[Footnote 17: See p. 115. The example given shows also an obvious weakness of the method.]

[Footnote 18: John of Salisbury, Metalogicus, IV, 24.]

[Footnote 19: Document printed by Rashdall, Vol. II, Pt. II, p. 754.]

[Footnote 20: Chart. Univ. Paris., I, No. 11, p. 73.]

[Footnote 21: l.c. No. 20, p. 78.]

[Footnote 22: l.c. No. 79.]

[Footnote 23: l.c. No. 246.]

[Footnote 24: Zarncke, Statutenbuecher der Universitaet Leipzig, p. 39.]

[Footnote 25: Digest, translated by C.H. Monro, p. xiii (preface to Code).]

[Footnote 26: l.c. pp. xxv, xxvi.]

[Footnote 27: Rashdall, I, 208.]

[Footnote 28: Preface to the Institutes; translated by T.C. Sandars, published by Longmans, Green & Co.]

[Footnote 29: Code, Bk. 12; 29, 2.]

[Footnote 30: A.D. 333, Code, Bk. 10; 53, 6.]

[Footnote A: Exodus, XVII. C.]

[Footnote B: Summary. Four classes of men are blamed under this caption, i.e. dialecticians, who wrestle daily with the dialectic art; and physicists, who raise their eyes athwart the heavens; and versifiers; and the avaricious, who acquire wealth by fair means and foul, though at the time they know not to whom they are going to leave it.]

[Footnote C: I.e., incidentally Hugo. Whether the clergy can give attention to the books of the heathen.]

[Footnote D: And he does this as far as the paragraph, "But on the other hand," (p. 66).]

[Footnote E: To the same effect C. de long. tem, praescript 1. fin. XXV. quaest. I. ideo. Arc.]

[Footnote F: Summary. Under this caption Jerome set forth five cases. For he says that they are drunken with wine who misunderstand and pervert the sacred scriptures. Secondly, they are drunken with strong drink who make a wrong use of profane wisdom. Thirdly, he sets forth who should be called false prophets. Fourthly, who are divine. Fifthly, that he eats sour grapes who expounds the scriptures otherwise than according to the truth, even though it be not contrary to the faith.]

[Footnote G: Summary. In this section those priests are blamed by Jerome, who cause their sons and nephews to read comedies and the verses of the poets; because also to this purpose and to other base purposes they divert the money of the church. Wherefore he says that such priest should be punished as was Eli who fell prostrate from his seat and died because he did not correct his sons. The statements which follow are clear as far as paragraph "But on the other hand" (p. 64).]

[Footnote H: The ears of those who misunderstand should be torn off.]

[Footnote I: Tropology.]

[Footnote J: And logos, speech, whence, tropologia, i.e. the [moral] application of the language. Hugo. As to this see 76 dist. jejunium. in fin.]

[Footnote K: I King. II. C.]

[Footnote L: Another reading: in their disputations.]

[Footnote M: Another reading: "It pleased God to save his people for his Kingdom" &c.]

[Footnote N: Summary. From now on, Gratian shows that the clergy ought to be learned in profane knowledge. And this is shown from six considerations. The first is stated at the beginning. The second begins: "One reads also." The third begins: "In Leviticus." The fourth begins: "The Magi, too." The fifth begins: "Finally." The sixth begins: "Hence also Ambrose."]

[Footnote O: For as husks load the belly and fill it but do not satisfy, so also this wisdom does not free from spiritual hunger nor banish blindness. But it oppresses with the weight of sins and with the guilt of hell. Whoever therefore, for the removing of the blindness of ignorance seeks to learn other arts and knowledge desires to fill his belly, as it were, with husks. According to Hugo.]

[Footnote P: Dan. I. a. Exodi III. & XI.]

[Footnote Q: Summary. Certain men forbade Christians to read the books of the gentiles but Bede blames them, saying that they can well be read without sin because profit may be derived from them, as in the cases of Moses and Daniel, and also of Paul, who incorporated in his Epistles verses of the poets, e.g. "The Cretans &c. &c."]

[Footnote R: Summary. Gratian solves the contradiction by saying that one ought to learn profane knowledge in addition, not for pleasure but for instruction, in order that the useful things, found therein may be turned to the use of sacred learning. Hence Gregory blamed a certain bishop, not for acquiring profane knowledge but because, for his pleasure, he expounded grammar instead of the Gospel.]

[Footnote S: Another reading to the Unknown God, i.e. dative case.]

[Footnote T: Dionysius was converted by the preaching of Paul.]

[Footnote U: The Apostle used sentences from the poets.]

[Footnote V: Summary. This section is divided into two parts. In the first part it is set down that it is not blameworthy if one learns grammar and logic in order to distinguish the true and the false. In the second part which begins with "Geometry and Arithmetic" it is set down that the knowledges of the quadrivium have a truth of their own. But they are not the knowledges of piety, and are not to be so applied. But the Old and the New Testaments are knowledges of piety, and are to be applied. And grammar, if applied to good uses may be made profitable.]

[Footnote W: Summary. Two questions were propounded by Jerome. The first was whether it is a sin to learn the learning and knowledge of the pagans, and Jerome answers that it is not, and proves this by the example of four youths, Daniel, Ananias, Azarias, Misael, and by the example of Moses. For these, had they known it to be a sin would not have acquired the learning. For they did so in order to convince unbelievers. Otherwise they would have been exposed to ridicule if, when they were disputing with these unbelievers about their dogmas, they were found to know nothing about them. The second question was, whether it is a sin to cite secular laws in preaching or in discussion. And he replies that it is not, because it is necessary to prove that those things which the sacred writers have said are contained in the books of the heathen.]