THE UNIVERSITIES OF EUROPE IN THE MIDDLE AGES RASHDALL Bonfcon HENRY FROWDE OXFORD UNIVERSITY PRESS WAREHOUSE AMEN CORNER, E.G. MACMILLAN & CO., 66 FIFTH AVENUE Map of TJMYERSITYT0WS \-The foTitLcal, IHyisiorLS are> those' of250OAJ). Trot samj& of the/ Tfmyersrtifs -w i.non,.Min.biirgh it Londoi THE UNIVERSITIES OF EUROPE IN THE MIDDLE AGES BY HASTINGS RASHDALL, M.A. FELLOW AND LECTURER OF HERTFORD COLLEGE, OXFORD IN TWO VOLUMES VOL. II, PART I ITALY — SPAIN — FRANCE — GERMANY — SCOTLAND ETC. OXFORD AT THE CLARENDON PRESS M DCCC XCV Lft 177 PRINTED AT THE CLARENDON PRESS BY HORACE HART. PRINTER TO THE UNIVERSITY CONTENTS OF VOL. II, PART I CHAPTER VI. THE ITALIAN UNIVERSITIES. PAGE Meaning of Studium Generale in the thirteenth century . 3 Claims of Modena 5 § i. REGGIO 6 § 2. VICENZA (1204) 7 § 3. AREZZO (?1215) 8 § 4. PADUA (1222) 10 Migration from Bologna, 1222 il Contract for Migration to Vercelli, 1228 . . . 12 Early history 13 Decline (1237-1260) and revival : Privileges . . 15 Subsequent history and organization 16 Colleges 19 Relations to Venice 21 § 5. NAPLES (1224) 22 § 6. VERCELLI (1228) 26 § 7. UNIVERSITY OF THE ROMAN COURT (1244-5) . . 27 Study of Oriental languages 28 Papal dispensations and degrees .... 29 § 8. SIENA (1246, 1357) 31 § 9. PIACENZA (1248) 35 § 10. ROME (Studium Urbis\ 1303 . . . . . . 38 § ii. PERUGIA (1308) 40 § 12. TREVISO (1318) 43 § 13. PISA (1343) 44 § 14. FLORENCE (1349) 46 § 15. PAVIA (1361) 53 § 1 6. FERRARA (1391) 55 § 17. TURIN (1405) 56 Transference to Chieri (1421) and to Savigliano (1434) . 57 § 1 8. CATANIA (1444) 58 Summary .......... 59 vi CONTENTS CHAPTER VII. THE UNIVERSITIES OF SPAIN AND PORTUGAL. PAGE § i. PALENCIA (1212-1214) . . . . . 65 § 2. SALAMANCA (ante 1230) . . . .. . 69 Music degrees .... 75 Lady students 79 Colleges .... 80 Note on SEVILLE 81 § 3. VALLADOLID • • • • 83 § 4. LERIDA (1300) . 86 § 5. PERPIGNAN (1349) .... .-. . 90 § 6. HUESCA (1359) . ... 92 § 7. BARCELONA (1450) . 94 § 8. SARAGOSSA (1474) .... 95 Note on AVILA . . . . 96 § 9. PALMA (1483) . . . . . 96 § 10. SlGUENZA (1489) .... 97 §n. ALCALA (1499) . 99 § 12. VALENCIA (1500) . . . . 99 § 13. LISBON and COIMBRA (1290) . 101 Summary , 107 CHAPTER VIII. THE UNIVERSITIES OF FRANCE. Introductory . . . . in 1. MONTPELLIER . 1 13 I. The University of Medicine. . . • .115 II. The University of Law 124 III. The University of Theology . .13° IV. The University of Arts 130 Colleges 131 Fluctuations in fame of Montpellier . . . .132 2. ORLEANS 136 The Early Schools of Law and Classics . . .136 Growth of the University 14° V*Bull of Clement V 142 Quarrels with town: Migration to Nevers (1316) . 143 Numbers and Constitution : Nations . . . .145 3. ANGERS .... ... 148 Ancient Cathedral School 148 Ir Parisian Immigration of 1229 and possibly 1219 . 149 Constitution and history I51 The Nations and Student-rights I52 Constitutional changes . . • • • *54 Colleges and numbers 157 OF VOLUME //, PART I vii PAGE § 4. TOULOUSE (1230, 1233) 157 Origin and early history . . . . . .158 Constitutional history 165 Numbers and Colleges 168 § 5. AVIGNON (13O3) . ... 170 Origin and Constitution 170 Colleges _ I?6 Confraternity of S. Sebastian and of Doctors . . 177 § 6. CAHORS (1332) I79 § 7. GRENOBLE (1339) igi § 8. ORANGE (1365) !82 § 9. Aix (1409) !84 § 10. DOLE (1422) !g7 § ii. POITIERS (1431) I9I § 12. CAEN (143|, 1437) . 194 § 13. BORDEAUX (1441) I9g § 14. VALENCE (1459) 200 § 15. NANTES (1460) 201 § 1 6. BOURGES (1464) 204 Note on BESANCON (1485) 205 Summary ........ 206 CHAPTER IX. THE UNIVERSITIES OF GERMANY, BOHEMIA, AND THE LOW COUNTRIES. § i. PRAGUE (1347-8) 2II Foundation by Charles IV 212 Constitution: independent University of Jurists (1372) 216 Endowments: Colleges 218 Czechs and Germans : the Bohemian Reform move ment ......... 220 Nominalists v. Realists : influence of Wycliffe . . 222 Exodus of Germans (1409) 225 The Hussite movement and the University . . 226 New Colleges 232 § 2. VIENNA (1365) 232 The School of S. Stephen 233 First foundation of University by Rudolf IV (1365) . 234 Second foundation by Albert III (1383) . . . 237 § 3. ERFURT (1379, 1392) 242 § 4. HEIDELBERG (1385) 247 § 5- COLOGNE (1388) 251 § 6. WURZBURG (1402) 253 § 7. LEIPSIC (1409) 254 § 8. ROSTOCK (1419) 256 § 9- LOUVAIN (1425) 259 § 10. TREVES (1454, 1473) .... . ! 263 viii CONTENTS OF VOL. II, PART I PAGE § ii. GREIFSWALD (1455-6) .... . . 264 Migration from Rostock (1437) ..... 264 Foundation of University (1456) . . . .265 § 12. FREIBURG-IM-BREISGAU (1455-6) . . . 268 § 13. BALE (1459) .... . . 269 § 14. INGOLSTADT (1459, 1472) . . 270 § 15. MAINZ (1476) . § 1 6. TUBINGEN (1476-7) . . 273 Summary . 275 CHAPTER X. THE UNIVERSITIES OF POLAND, HUNGARY, DENMARK, AND SWEDEN. § i. CRACOW (1364, 1397) .... .283 § 2. FUNFKIRCHEN (1367) . • 286 § 3. BUDA (1389) § 4. PRESSBURG (1465-7) ... ... 289 § 5. UPSALA (1477) . .290 § 6. COPENHAGEN (1478) . • .291 CHAPTER XI. THE UNIVERSITIES OF SCOTLAND. § i. S. ANDREWS (1413) ........ 295 Scotch students abroad and at home .... 295 Foundation of S. Andrews (1411-3) .... 297 Constitution : Student-rights ..... 298 The Pedagogy ........ 299 S. Salvator's College (1450) ..... 3°° Abolition of private Paedagogies .... 301 S. Mary's College (1537) and later history. . . 301 § 2. GLASGOW (1450) ........ 3°4 § 3. ABERDEEN (1494) ........ 3°9 Summary .......... 311 ILLUSTRATIONS. Map of the University towns of Europe , . . Frontispiece CHAPTER VI. THE ITALIAN UNIVERSITIES. VOL II. ' - i THE MEDIEVAL UNIVERSITIES. CHAPTER VI. THE ITALIAN UNIVERSITIES. For the authorities on the Italian Universities in general, see above, vol. I. p. 90. AT this point it may be desirable, even at the risk of some CHAP. VI. repetition, to remind the reader of the vagueness which long attached to the afterwards definite and highly tech- Studhim ° nical conception of a Studium Generale. The word origin- ally meant simply a Studium which was attended by thirteenth scholars from all parts. But as it was only for the study C€ of the higher subjects that it would be necessary for a student to take a long journey in quest of adequate instruc tion, the term naturally implied likewise a place of higher education and usually a place where teaching was to be found in one at least of what came to be technically known as the superior Faculties, with more or less definite implication of a plurality of teachers therein. Practically in the second half of the twelfth century it was only in a very few great centres — at first, indeed, almost exclusively at Paris, Bologna, Salerno, and Oxford — that the highest education in such subjects was attainable. Soon, however, through various causes — intestine feuds at Paris and Bo logna, the jealousy and ambition of neighbouring cities, the multiplication of Masters in quest of employment, and the like — individual Doctors or whole bodies of scholars began to transfer the traditions of the great Mother-studia to other places. Henceforth it was natural that these places B 2 THE ITALIAN UNIVERSITIES. CHAP. VI. should arrogate to themselves, with more or less success, the rank of Studia Generalia, and, when they ventured to multiply Doctors after the fashion of their parents, to claim for them the vague prestige attaching to teachers of the old archetypal Schools. Moreover, as the Mother-studia deve loped a more and more elaborate and complex organization, this organization was reproduced in the daughter-schools, and the term Studium Generale thus came more and more definitely to denote an organization of a peculiar type. When definite privileges — especially the privilege of dispen sation from residence — came to be attached to students and teachers of Studia Generalia, recognition as a Stu dium which conveyed these privileges became the most prominent differentia, and the way was prepared for that association of the term with a papally or imperially con ferred jus ubiqne docendi which has been already sufficiently explained. All that it is necessary to emphasize here is the vague and fluid meaning which the term Studium Generale carried with it at the end of the twelfth and the beginning of the thirteenth centuries. Small It is especially in Northern Italy that the tendency of a Generalia gr£at archetypal University to reproduce itself is exempli- numerous fiec[. The number, independence, and rivalry of the Cities in this region specially lent itself to the process. And their political autonomy may partially account for a more ex tended use of the term Studium Generale than is elsewhere observable. It was natural for a City Republic which drew students from half a dozen neighbouring Cities to style its Studium general, while it would not occur to the Masters of an old Cathedral City in France or England to claim such a title for their schools because it drew scholars from a neighbouring Duchy or County, though not from foreign countries J. Hence in Italy we are obliged in Italy. 1 Yet in a document of 1287 we still read that ' Quatuor Studia gene- ralia ad minus sint in Italia, scilicet in Curia Romana, Bononiae, Paduae et Neapoli' (Renazzi, Storia dell' Univ. degli Studj di Roma, I. p. 30 .., which shows how dubious was the recognition of many of the Studia mentioned below. THE ITALIAN UNIVERSITIES. 5 to treat as Studia Generalia many Schools which were CHAP. vi. certainly not of more importance than northern Studia which do not happen to be so described. It is a mere accident that we are obliged to include in our list of Universities places like Reggio in Emilia and to exclude Schools like Chartres and Laon, Lincoln and Salisbury, even Lyons and Reims, because they are not expressly called Studia Generalia in the twelfth or thirteenth century, and never afterwards acquired the organization and privileges which came to be associated with that term in the four teenth. Even in Italy itself there may have been towns not expressly so called in any extant document which possessed Schools of exactly the same type as those which are. These remarks may be illustrated by the difficulty of Claims of deciding upon the claims of Modena to a place among Modcna- Universities. We have already had occasion to speak of the secession of Pillius from Bologna to Modena J some time before 1 182. As, however, there is no express evi dence that Modena was ever looked upon as a Studium Generale, it is best not formally to include it in that category, though it is certain that during most of the twelfth and the thirteenth centuries - there was a very con siderable Studium of Law in the place, for which its Doctors would probably have claimed whatever prerogatives were enjoyed by such places as have next to be mentioned. It is often spoken of in the same category as Reggio 3. 1 Above, vol. I. p. 171 : for the Modenese, Parma, 1864, Stat. i. Rub. statement of Pillius, see Sarti I. pt. i. 163. 84 sq. As to the importance of the '2 Pillius, in describing his seces- School, see Tiraboschi, Storia d. Lett. sion, uses the word < Mutina quae juris Ital III. p. 638 sq., and Biblioteca alumnos semper diligere consuevit' Modenese (Modena 1781), I. 48 sq. : (ap. Sarti, 1888, I. pt. i. p. 84), but Muratori, Rer. It. SS. IX. 771, XV. Savigny's statement that Placentinus 560, and Antiq. Ital. Med. Aev. III. taught here earlier in the twelfth 905-6: Sillingardi, Catalogus omn. century is unfounded. Denifle, I. Episc. J\7utin. Mutinae, 1606, p. 91 p. 296. (where it appears that Honorius III '" Odofredus claims the privileges granted a faculty to absolve scholars accorded by the Civil Law to Profes- for ' injectio manuum'c. 1223) : Muni- sors in Regice civitates for Bolognese menti di storia patria della prov. Professors who teach 'citra Aposam/ THE ITALIAN UNIVERSITIES. CHAP. VI, There is, however, no evidence of graduation having taken J,*' place at Modena, which establishes a clear difference between the position of the School and that of its rival, Reggio. I shall therefore treat Reggio. and not Modena, as the first of the spontaneously evolved reproductions of Bologna. § 1. REGGIO. TACOLI, Memorie storiche di Reggio. Pt. III. Carpi, 1769. At Reggio, as in so many other older Law-Schools of Italy, the special School of Law was a development of an ancient School of Rhetoric and Grammar in that compre hensive and quasi-legal sense in which those studies were understood in the earlier Middle Age. It was here that Anselm the Peripatetic studied in the first half of the eleventh century under Sichelmus, a pupil of Drogo 1. To the year it 88 belongs a contract between the Podesta and a certain Jacobus de Mandra in which the latter undertakes to come to Reggio as a teacher and to bring scholars with him 2. It is only a conjecture, though a probable one, that the contemplated secession was from Bologna, and it is not certain, though equally probable, that it was ever carried out. It is, however, clear that at the beginning of the following century Modena and Reggio were the most formidable of Bologna's younger rivals. By 1210 Reggio was clearly recognized as a Studium Generale since a Canon of Cremona is dispensed from residence to study there3 — a privilege which could not be claimed except for study at a Studium GeneraJe. A Doctoral Anselm the Peripatetic Possible Bologna Secession, u8S. Clearly a Studium Generale in thirteenth century. not otherwise : ' Similiter et libcri eorum et uxores debent habere immunitatem, non qui decent leges Regii vel Mutinae : immo est una proditio' (Dig. L. xxvii. Tit. i. ad verb. Romce, ap. Sarti, I. pt. i. p. 86; the text is very corrupt in the printed edition). Accursius likewise denies the privilege of the Jurists of Modena and Reggio, ad he. (ed. Contius, 1576, c. 258;. See above, vol. I. p. 102 sq. 1 ' Itaque tune temporis apud Re- gium ciuitatem magistrum meum do- mnum Sichelmum, uestrum discipu- lum, liberalibus disciplinis a uobis studiosissime eruditum adii.' Ep. Anselmi Peripat. ad Drogonem, ap. Dumrnler, Anselm der Peripatetiker. Halle, 1872, p. 18. a ' Cum scolaribus causa Scolam tenendi et tenebit.' Tacoli, III. p. 227. '•> Denifle, I. p. 294. REGGIO. VIC EN Z A. 7 diploma has been preserved of the year 1276 which testifies CHAP. VI. to a regular College of Doctors, regular examinations by JjL the Doctors under the presidency of the Bishop, and a Universitas Scholarium 1. At the beginning of the Extinction. fourteenth century, however, seventeen students of Law complain that there is no longer a single Doctor in the place, and that the salaries are no longer provided by the Town ; and this petition expressly speaks of the Studium as having once been general 2. After this we hear of one or two individual Law-teachers here, as there were in almost every considerable Italian town3; but the Studium Generale had by this time entirely disappeared. § 2. VlCENZA (1204). Savi, Memorie antiche e moderm interno alle pubbliche scuole in Vicenza. Vicenza, 1815. The University of Vicenza 4 owes its origin to a definite Migration migration of scholars in 1204, and it is practically certain Bologna that the migration came from Bologna5. Its history as 1204. a Studium Generale is a short one ; for it seems to have come to an end in the year 1210°, though there was still, as in so many other Italian towns, an intermittent Studium of Law and of Medicine here 7. In later times, under the Venetian dominion, an attempt to get it erected into a 1 Tacoli, III. pp. 215-216. a secession. See above, vol. I. p. 2 ' Ut antiquitus fieri consuevit et 171 : Tiraboschi, T. IV. p. 66. maxime tempore boni status civitatis 6 ' Huic succedit Bernardus Vexil- predicte, imo priusquam generale lifer Papiensis. Sub isto venit Stu- studium vigere consueverat in civi- dium Scholarium in Civitate Vicentiae tate predicta.' Tacoli, III. p. 225. et duravit usque ad Potetariam 3 Tacoli, III. p. 226. Domini Drudi ' [Y. e. 1204-1210]. * The only earlier trace of a Maurisius, Hist. ap. Muratori, Rer. Studium is the mention of a Theo- Ital.SS. VIII. c. 15. < Studium gene- logian who taught in connexion rale fuit in Civitate Vicentiae, Ducto- with the Cathedral in 1184. Savi, resque [leg. Doctoresque] in contrata p. 12. Sancti Viti manebant : utetiamhodie 5 The evidence for this is the fact apud Priorem Sancti Viti apparent that two of the Doctors had taught privilegia collationis Studii.' Anto- at Bologna, taken in connexion with nius Godus, Chron. (ib. c. 75). the measures adopted at this time by 7 Some salaries were voted in 1 26 r . the City of Bologna which point to Savi, pp. 116, 117. 8 THE ITALIAN UNIVERSITIES. CHAP. VI, Studium Generale by John XXIII failed, and the fact that JjL such a document was considered necessary suggests, though it does not prove, that it had ceased to be regarded as a Studium Generale at all l. But during the short period 1204-1209 the University appears to have been a highly prosperous community. The scholars are said to have actually built or rebuilt the Church of S. Vitus, in which they installed a body of Camaldunensian monks from the convent at Verona; and in 1209 — apparently upon the departure of the Bolognese students — the patronage of it Four Uni- was to the Order. From the documents relating to this transaction it is clear that there were then four Rectors and as many Student- Universities ; while the number of the Doctors, the high position of many of the students, and the distant regions from which they had come testify, to the temporary scholastic importance of the place 2. versities. § 3. AREZZO (? 1215). We have already seen 3 how a Law-school was established Secession in Arezzo in 1215 by one of the early seceders from Bologna Bologna, Roffredus of Benevento4. Though he could 1215. not have remained in the town long5, the Studium had become by the middle of the century one of the most important of these primitive outgrowths of Bologna. One of statutes, the earliest Italian Codes of University Statutes which have 1255- 1 Savi, pp. 117-119. The petition contains the words ' cum alias fuerit Studium in civitate Vicentie.' 2 See the documents in Mittarelli, Annales Camaldunenses^ Venet. 1755, IV. p. 213 and App pp. 260-263. The words relating to the Rectors (in 1205) are 'dilectis in Christo fratribus magistro Roberto de Anglia, et Guilielmo Cancelino de Provincia, et Guarnerio de Alemannia, etManfredo de Cremona, rectoribus pro univer- sitate,' &c. In 1206 we have only ' Mag. Robertus de Anglia et dominus War. de Alamannia rectores univer- sitatis scolarium in Vicentina civitate commorantium.' Among the repre sentatives who cede back the Church in 1209 only one Rector is men tioned—a' Rector deUngaria,' which suggests the possibility of a fifth University having arisen. 3 See above, vol. I. p. 172. 4 ' Cum essem Arretii, ibique in cathedra residerem, post transmigra tionem Bononiae, ego Rofredus Bene- ventanus juris civilis professor an. Dn. MCCXV,' ap. Sard (1888;, I. pt. i- P- 133- 5 Not after 1218, as appears from Bulls of Honorius III : see Denifle, p. 424 «. AREZZO. 9 come down to us belongs to Arezzo, and is of the date CHAP. VI, 1 255. Unfortunately the constitution is totally different from _!J^_ that of the parent University, on which it consequently throws little light. Here the Rector is elected and the Statutes made by the Doctors — now seven in number — of Law, Medicine, and Arts. The University originated in the secession of a Master, not in a secession of students : hence the Masters seem to have made their own arrange ments, and assumed to themselves the right of conferring the licentia ubiqne regendi1. The School of Arezzo might no doubt have claimed the honours of a Studium Generale ex consuetudine while it lasted. But no trace of its existence can be discovered from the middle of the thirteenth century2 till the Studium was restored by the immigration of deserters from Bologna, in consequence of an Interdict3, in 1338. In 1355 a Imperial foundation-brief for a Studium Generale was obtained from the Emperor Charles IV 4. All trace of the revived Studium is lost after 1373 and a fresh Imperial privilege which was granted in 1456 failed to restore animation to the defunct University 5. 1 It is provided that no one is to in jure canonico et civili ; et hoc quia lecture 'nisi sit legitime, et publice, nonpoterant stare Bononiae.occasione et in generali conventu examinatus, excommunicationis D. Papae, quando et approbatus, et licentiatus, quod expulserunt legatum de terra. Ha- possit in sua scientia ubique regere.' bueruntsalarium CC florenorum auri.' See the Stat. in Guazzesi, DelV antico Annales Aretini ap. Muratori, Rer. dominio del vescovo di Arezzo in Cor- Ital. SS. XXIV. c. 878. Cf. above, tona. Pisa, 1760, p. 107 (reprinted vol. I. p. 217. by Savigny, III. App.). Here we 4 The brief (ap. Denifle, I. p. 427) have the method of licensing pre- declares that ' in eadem civitate longo valent at Bologna before the right of tempore studium viguerit juxta im- promotion was conferred upon the perialiaprivilegiaqueproptercivilium Archdeacon in 1219. It should be guerrarum discrimina dicuntur de- observed that the Masters of Gram- perdita ': of such 'privileges' there mar, Dialectic and Medicine seem is no trace. By this time the idea that here to act as a single College. a Studium Generale must be founded 2 Except that provision is made by Pope or Emperor was so firmly for the education of citizens by the established that, it being known that town-statutes of 1327. Denifle, I. Arezzo had once been a Studium pp. 425-6. Generale, it was presumed that there 3 ' Suo tempore (i.e. in 1338) vene- must have been a foundation-brief, runt doctores Arretium ad legendum ° Guazzesi, /. c. pp. 109, no. 10 THE ITALIAN UNIVERSITIES, CHAP, vi, § 4. PADUA (1222). § 4. — ** — RICCOBONUS, De Gymnasia Patavino. Patavii, 1698, &c. : and in Grsevius, Antiq. Italic?, T. VI. P. iv. TOMASINUS, Gymnasium Patavinum, Utini, 1654. PAPADOPOLUS, Historia Gyrnnasii Patavtm, Venetiis, 1726. FACCIOLATI, De Gymnasia Patavino Syntagmata XII. Patavii, 1752, and Fasti Gymnasii Patavini. Patavii, 1757. COLLE, Storia scientifico-letteraria dello studio di Padova. Padova, 1824 (the most elaborate of these histories). GLORIA, Monumenti della Universita di Padova (1222-1318). Venezia, 1884 ; Padova, 1885. Monumenti della Universita di Padova (1318-1405% Padova, 1888. Monumenti della Universita di Padova raccolta da Andrea Gloria e difesi contro il Padre Enrico Denifle. Padova, 1888. There are also two unimportant pamphlets, GROTTO DELL' ERO, Delia Uni- versitd di Padova, Cennied Iscrizioni. Padova, 1841 : arid LASTE, Brano Storico Portumo di Padova dalt anno MCCCCV al MCCCCXXIII. Padova, 1844. No Statutes were till recently known (except the Town-statutes of 1460 referred to below) earlier than the Jurist Statutes of 1463, printed with additions in 1551 (Statuta spectabilis et almce Universitatis Juristarum PatauiniGymnasii}\ the Statuta Dominorum Artistarum Achademice Patavince belong apparently to 1486. The Jurist Statutes of 1331 have recently been dis covered and printed by Denifle in Archiv f. Lit.- u. Kirchengesch. d. Mittelalters, VI. p. 309 sq. In spite of the number of its University historians, much of the history of Padua has been written for the first time by Denifle. Gloria has collected some useful documents, but they are edited in a very inconvenient form. He has been unwise enough to enter into an unequal combat with Denifle. There is an interesting study by ANDRICH, De Natione Anglicaet Scota Juris tarum Univ.Patav. aba. MCCXXII usque ad MDCCXXXVIII. (Patavii 1892). By far the most important of the daughters of Bologna was the great University of Padua, which early proved a formidable rival of the Mother University, and eventually surpassed it in everything but the incommunicable pre rogative of historical prestige. The famous Bologna Jurist Martinus, or another of the same name, appears to have taught at Padua some time before the year 1169, when we hear of the election as Bishop of Padua of a Jurist who was teaching in ' the School of Martinus ' J ; but, with the exception of this episode, we find no trace of a Studium Generale till the thirteenth century *. The 1 ' Qui tune regebat in legibus in Silvester as being born in 1177 and domo Martini de Goxo que erat being sent to study at Bologna and juxta majorem ecclesiam Paduanam ' Padua as a young man, but accord- gloria, Cod. Dipl. Pad.Ven. 1879, ing to Sarti (II. p. 165) the Saint pt. i. p. xcviii). died in 1326. 2 Colle ^1. p. 59) speaks of S. PADUA. II chroniclers say that the Studium of Bologna was * trans- CHAP. VI, ferred to Padua in the year I2221.' It is not improbable §44; that Law was taught at Padua at an earlier date, but its j^ratio11 history as a Studium Generale begins with this year. We Bologna, have seen to what a pitch the quarrels between the City I222- of Bologna and the Student-universities had been carried by the year I22O2 ; and it is quite possible that the Chron iclers' statement is no very gross exaggeration. There may well have been a short period during which Bologna was practically deserted by students. No doubt such a secession cannot have lasted long ; but, though a large proportion of the seceders probably returned to Bologna upon the re-establishment of peaceful relations with the town, a large body certainly remained behind. Later historians, anxious as usual to ascribe the origin of a University to some sort of authoritative charter or edict, represent the Emperor Frederick II as the author of the 'transference'3: but it is certain that whatever attempts the Emperor made to crush the University of Bologna did not begin till 1225*, and then were inspired on the one hand by hostility to that City, and on the other by his desire to benefit his own creation at Naples ; but not at all by any favour for Padua which was a member of the Lombard League no less than Bologna. In 1226 we hear of a book, the ' Rhetorica Antiqua' of Buoncompagni, being read in the Cathedral * in the presence of the Professors of Civil and Canon Law, and 1 'MDCCXXII ... Hocanno trans- to the reasons for the choice of latum est Studium Scholarium de Padua in Sarti (I. pt. i. p. 402). The Bononia Paduam.' Regimina Padua Bishop of Padua ' Bononiae degebat ' ap. Muratori, Rer. Ital. SS. VIII. c. in 1222, and no doubt encouraged 371, cf. ib. cc. 421, 459: Antiq. Ital. the project. V. c. 1129. In 1223 Jordan of 4 Chron. di Bologna ap. Muratori, Saxony preached ' Scholaribus apud SS. XVIII. 254: Sigonius, Histor. Paduam' and induced 33 of them Bonon. Francofurti, 1604, p. 100. to enter his Order. Lettres de Cf. Winkelmann, Ada Imperil inedita, Jourdain de Saxe, ed. Bayonne v Paris 1885, I. 263 : (in 1227 A.D.) ' senten- and Lyons, 1865), pp. 8, 12. tias . . . revocamus et specialiter 2 Vol. I. p. 173. constitutionem factam de studio et 3 We have an interesting hint as studentibus Bononie.' 12 THE ITALIAN UNIVERSITIES. Contract for Migra tion to Vc-rcelli, 1228. CHAP. VI, of all the Doctors and scholars dwelling at Padua1.' -*tf' It is a singular fact that the next document relating to the new University should be a contract made in 1228 between the representatives of the students and the City of Vercelli for the transference of the Studium to that place. Already the Commune of Padua had proved itself as unac commodating as that of Bologna : and the emissaries of the students had been sent abroad to get better terms for them elsewhere. Vercelli agreed to make over to the students 500 of the best houses in the place 2, and more if necessary. This fact is one of the best evidences we have as to the populousness of the early Universities. Even now, when the original single University of Bologna was throwing out colonies in all directions, we find the possibility con templated of a migration from one of them of not less — at a very low estimate of the average capacity of each house — than 2500 or 3000 students. It is provided that the rent of each house should not exceed 19 libra papienses, and should be fixed by taxors representing University and City. The City further agrees to lend 10.000 librce to scholars at a fixed rate of interest 3, to secure a due supply of provisions, and to provide ' competent salaries ' for one Theologian, three Civilians, four Canonists, two Doctors of Medicine, two Dialecticians, and two Grammarians, the Masters to be elected by the Rectors and to be compelled to teach gratuitously. The Commune further undertakes to send messengers to announce the establishment of the Studium in all parts of Italy, to provide two copyists (exemplatores) who shall transcribe books for the scholars at a rate to be fixed by the Rectors, and to grant certain immunities from 1 ' Item datus et in communi de- ductus fuit Paduae in maiori ecclesia in praesentia domini Alatrini, summi Pontificis capellani, tune Apostolicae sedis legati, venerabilis Jordani Pa- duani episcopi, Ciofredi theologi, cancellarii Mediolanensis, professo- rum iuris canonici et civilis et omnium doctorum et scolarium Paduae com- morantium anno domini 1226 ultimo diemensisMartii.' Doc. in Rockinger, De Arte dictandi in Italia (Sitzungs- benchte der bayerischen Akad. zu Munchen, 1861, p. 135). 2 ' Quingenta hospicia de miliori- bus, quae erunt in civitate et, si plura erunt necessaria, plura.' 3 Savigny's assumption that this is to pay their debts at Padua is perhaps too optimistic. PADUA. 13 taxation. The civil jurisdiction of the Rectors is recognized, CHAP, vi, the criminal jurisdiction being reserved to the town Magis- _1^*_ trates. On the other hand the Rectors and scholars promise on behalf of ' all the other scholars of their Rectorship ' that the whole Studium of Padua shall come to Vercelli and there remain for eight years : but there is a cautious proviso that, if the scholars are not able to execute the contract (as might easily happen if the Paduan authorities got wind of the affair), they shall not be bound by its terms. There has been much controversy concerning the extent Migration to which this contract actually took effect. On the one f^** the hand it has been supposed that it remained wholly un- Paduan executed, on the other that the entire Studium of Padua really was dissolved and transplanted to Vercelli for the eight years specified in the contract. It has now, however, been placed beyond all doubt that a considerable migration of students to Vercelli did take place, but that the Studium at Padua by no means came to an end in 1228. Both facts are proved by evidence of the same character. The Dominican General, Jordan of Saxony, records the ' con version ' of twenty scholars at Padua in i 229 l — the year after the contract ; while in the same year he mentions the ' conversion ' of the Rector 2 of the German scholars at Vercelli and of twelve or thirteen Masters or Bachelors. Nor (as we shall see) did the separate existence of the 1 ' Ubi bene viginti et probi postea date of which, see Denifie's note, I. intraverunt.' Lettres, p. 100. Again p. 283) speaks of the processions to about 1232, thirty were converted, his tomb in 1231 of ' litteratorum several of them Masters jb. pp. 166, turma scolarium, quorum non me- r68). So in a letter from a Doctor diocri copia uiget civitas Paduana,' then teaching at Padua to the Bo- (Portugalice Monumenta SS. T. I., lognese Doctor Petrus Hispanus the Olisipone, 1856, p. 124) ; and in the latter is invited to come to Padua next year, among those who wrote where ' habebitis multitudinem audi- to the Pope to obtain the canoniza- torum, ubi loci viget amcenitas et tion of the Saint was 'favore digna venalium copia reperitur ' (Sarti, I. magistrorum atque scolarium univer- pt. ii. p. 364 ). This letter, referred sitas tola.' Ib. p. 125. by Sarti to 1223, could not, according 2 ' Studens in Jure Canonico, Theu- to Denifle (I. 278), have been written tonicus, Spirensis Canonicus, qui before 1228 or 1229. The earliest rector erat Theutonicorum scolarium life of S. Antony of Padua (on the Vercellis.' Lettres,^, 114. Cf. ib, p 16. THE ITALIAN UNIVERSITIES. Early Or ganization CHAP. VI, colony absolutely cease with the expiration of the §04' contract. The Vercelli contract may be considered the locus classicus for the condition not only of Padua but indirectly also of Bologna in the first half of the thirteenth century. It is not clear whether there were at Padua three Rectors or four : at all events only three of them seem to have taken part in the proceedings. Nor does the Head of each ' Rectorship ' seem necessarily to have been styled Rector. We hear of a 'Rector' of the French, English and Normans, a ' Proctor ' of the Italian scholars and a * Pro vincial ' of the Rectorship of Proven9als, Spaniards and Catalans. But in the University which it was proposed to establish at Vercelli there were undoubtedly to be four Rectors, i.e. of the French, the Italians, the Prove^als, and one other. The name of the fourth Rectorship appears to have been left blank in the original MS.: in all proba bility it consisted of Germans1. Although (as has been said) the Paduan Studium was not immediately extinguished by the Vercelli secession, there can be no doubt that during the atrocious tyranny of the Ezzelino family (1237-1260) it was reduced to a very low ebb, and at length practically ceased to exist 2. Its revival dates from the restoration of freedom in 1260 which was followed by an exodus of students from Bologna on account of the war between that City and Forli, and of the Papal interdict on the Bologna Schools. The contract made in 1262 between the Bologna seceders and the City of Padua Decline, 1237-1260 Revival, 1260. 1 The original is not extant. In the first printed copy of it (Zacharia, Iter liilerar. per Italiam. Venet. 1762, p. 142), there is a blank after the third ' Rectore ' ; in a MS. copy preserved at Vercelli, the blank is filled up with 'Theotonicorum.' See Savigny's note, cap. xxi. § 116. It is printed by Savigny in an Ap pendix : also by Gloria, Mon. (1222- 1318) II. 5, and below, App. xvi. 2 ' Patavium (sic), quae nunc Padua vocatur, in qua multo tempore viguit studium literarum.' Albertus Magnus, De natura locorum. Lugd. 1651, T. V. tr. 3. c. 2, p. 286. In 1253 there is an allusion to a ' notary and scholar' (Muratori, Rer. Ital. SS. VIII. c. 271, 280). Gloria has attempted to show that the Uni versity Statutes, organization, &c. were preserved uninterruptedly from 1222, but his case, never a good one, is rendered hopeless by the discovery of the Statutes mentioned below. PADUA. 15 has recently been discovered1. In the year 1260 the town- CHAP, vi, statutes provide for the payment of salaria to Doctors, and .!*£. make other regulations for the benefit of the Studium : whereas the Statutes of the preceding year speak only of Masters of Grammar 2. At the same time a Code of Statutes was drawn up3. If any earlier written Statutes had ever existed, the very memory of them had perished : the Univer sity made an entirely new start in 1260, and was naturally organized on the later Bologna model with two Universities of Ultramontani and Citramontani; though during the year 1260, and often afterwards, both Rectorships were held by the same person 4. The Licence was conferred by the Bishop, and in 1264 a Bull of Urban IV sanctioned the Bull of practice5. In 1346 the University further obtained from ™^ IV' Clement VI a confirmation of its prerogatives as a Stu- Confirma- dium Generale. But, lest this Bull should be regarded tion of • • • Studium as in any sense a ' foundation of the University, it may Generale be well to add that the preamble recites that there had been a Studium Generale in the place from time imme morial in all Faculties except Theology6. The Bull for a Theologi cal Faculty, 1 It is contained in the newly I. pt. i p. 204. Cf. also Gloria, Mon. discovered Statute-book described (1222-1338' II. p. 175*7. below (p. 15, n. i : Archiv, VI. 513, 3 See the Preface to the Statutes cf. Facciolati, Fasti, pp. i, vi). In of 1331. Archiv, VI. 380. 1362 the historian Rolandinus re- * Archival. 399. The Rectorships counts his reading of his Chronicle were permanently united in 1473. before the Doctors and Masters, 5 Riccobonus, f. 3 : Tomasinus, p.g. some of whom were described as 6 See the Bull in Riccobonus, f. 4 ; ' Doctores in Physica et scientia Gloria, Mon. II. p. 25 (1318-1405) ; naturali,' one as 'Magisterin Loyica,' and a confirmation by Eugenius IV others as ' Magistri in Grammatica in 1439 (Riccobonus, f. 6) which et Rhetorica,' ' praesente etiam confers all the privileges of Paris, Societate laudabili Bazaliorum (sc. Oxford, Bologna, and Salamanca, Baccalariorum) et Scholarium libe- (mentioned in that order). The ralium Artium.' Chron. xii. 19, ap. Jurist Baldus declares that Padua Muratori, Rer. Hal. SS. VIII. c. was a 'Studium generale ex con- 360. suetudine et sic privilegia eumdem '2 Statuii del Comune di Padova, (sic] sunt quae Bononiae ubi est Stu- ed. Gloria, 1872, pp. 375, 380 (also dium generale ex consuetudine legi- printed by Denifle, I. p. 800). In tima.' So cited by Colle, I. p. 51 : 1273 the youthful Cervottus Accur- but the printed edition (Francof. ad sius was hired from Bologna at the Maen. 1589, T. V. cons. 77) has ' privi- liberal salary of 500 librae. Sarti, legia eadem sunt, quse ex privilegio 1 6 THE ITALIAN UNIVERSITIES. CHAP. VI, Studium Generale in Theology was obtained in 1363 from Jjl Urban V \ Newmigra- At the beginning of the fourteenth century (1306) the BoWna"1 numbers were largely increased by a temporary dispersion 1 306 and of the Bologna students in consequence of a Legatine Interdict on the City which had expelled the Lambertazzi and the Papal Legate2. The troubles of the year 1321 again brought an influx of Bologna students who had temporarily seceded to Imola : and thither the City of Padua (like Siena and probably other Italian Cities) sent envoys to negotiate a more permanent migration to their University. The treaty drawn up between the contracting parties on this occasion has been preserved, and makes it plain that the new-comers must have constituted by far the larger History of part of the Paduan University. Besides conceding the tes' ordinary University privileges, the City agreed that the Rectors should be allowed to bear arms (which was at present forbidden at Bologna), that scholars should not be tortured except in presence of the Rectors, that clerks should be handed over to the ecclesiastical judge, that sala ries should be provided for nine Doctors of Civil and Canon Law as well as for the permanent officials of the Studium, and lastly that the University should henceforth be governed by the Bologna Statutes 3. This last provision was found difficult of execution, as the seceders had omitted to bring with them a copy of their Statutes ; and the law of the University continued in a state of great confusion till the year 1331, when a new Code was prepared, taken mainly from the then current Statutes of Bologna, but partly from the older Paduan code 4. These Statutes have recently been Lotharii Imperatoris, ut dicitur.' et general! studio et honoribus et Baldus adds that the Bishop gave privilegiis pariter privavit : et fere the ' licentia legendi hie et ubique Scolares universi cum suis Doctori- terrarum.' Cf. Riccobonus, f. i. busiverunt Paduam.' Annal. Ccesenat. 1 Printed in Gloria, Man. (1318- ap. Muratori, Rer. It. SS. XIV. c. 1405^ II. p. 55. 1127. 2 ' Idem vero legatus [Napuleo de a The contract is preserved in the Ursinis] maximos contra praedictos Statutes, Archiv, VI. p. 523. Bononienses promulgavit processus, * Archiv, VI. pp 523-534 Another PADUA. discovered at Gnesen and published by Father Denifle1. The Statutes of 1432 appear in the printed edition of 1551. The general resemblance of the Paduan Statutes and Constitution to those of the parent University will make it unnecessary to give any detailed account of the former. A few points of difference may be noticed. The Univer sities of Law were divided into Nations more symmetrically than at Bologna2. Each University had ten votes, and each vote represented a Nation; the Germans alone had two votes s. The exclusion of citizens from the Universities was maintained as at Bologna 4 : but there was here no counterbalancing monopoly for citizen-professors. On the contrary, citizens are expressly excluded by the Statutes from the salaried Chairs, though their language shows that the Commune had made an attempt to thrust its citizens into them without election by the students. The Statutes provide that the salaried Doctors should be nominated by the Tractatores Studii who administered the funds pro vided by the City, but formally elected by the students 5. CHAP. VI, §J' Constitu- ^d^it Bologna. curious provision is the arrangement that the City should procure a mer chant from Venice to go to Bologna and fetch the books and other effects of the students, left behind them in their hurried flight. 1 Archiv, VI. pp. 309 sg., 523-6. The Statutes were found in the Chapter Library of Gnesen by Prof. Nehring of Breslau. They bear the date of 1301, but Denifle has shown that they really belong to I33I> These Statutes reveal with peculiar clearness the method by which the Student-domination was established. An offending Doctor ' prohibeatur publice a legendo, et scolaribus precipiatur, ne ipsum au- diant in virtute prestiti iuramenti,' and an offending scholar ; procla- metur per scolas quod nullus doctor ipsum in scolis tenere debeat et in eius legere presencia in virtute pre stiti sacramenti' (ib. p. 486) ; and this VOL. II. prohibition involved social excom munication : ' qui privatus est ab Universitate, intelligatur esse privatus comodo singulorum' db. p. 491). Thegjfc Statutes are also interesting as showing that there were regular University Sermons at the Dominican Church here as doubtless in other Italian Universities (ib. p. 479). 2 Archiv, VI. p. 399. 3 But there is a trace of another, perhaps older, division of each Uni versity into four ' generales ' or ' prin- cipales nationes ' (ib. pp. 466, 482). Cf. above, vol. I. pp. 156-158. 4 The Ultramontani have also a certain superiority ; since if the Rec tors issued contradictory commands, the Doctors are to obey the Ultra montane Rector. Archiv, VI. p. 399. 5 Archiv, VI. pp. 417-422. The bargains with Doctors by the Scho lars themselves, however, continued : ' ne aliquis rubore alterius consocii 1 8 THE ITALIAN UNIVERSITIES. CHAP. VI, There was a Doctoral College as at Bologna, but here _*il Civilians and Canonists belonged to the same corporation. At one time the Doctores Collegiati were limited to twelve, the number was afterwards increased to twenty, then to twenty-five, then to thirty. In 1382 all restriction of number was removed1. Medicine In the earlier portion of our period the University of Medicine and Arts was entirely subordinate to the Univer sity of Canon and Civil Law 2. Both Professors and Scholars were compelled to swear obedience to the Sta tutes of the Jurists ; and there was an appeal from the Medical Rector either to the Ultramontane or Citramon- tane Rector of Jurists (according to the nationality of the respondent), or to the Reformator Studii ; and fees were paid upon matriculation or graduation to the superior Uni versity. Such is the state of things confirmed or estab lished by an agreement of 1360. The agreement itself probably arose out of some resistance on the part of the inferior University ; and another revolt took place at the end of the century. At last in 1399, through the mediation of Francis of Carrara, son of the reigning Prince, the Jurists consented to renounce their unnatural supremacy: but the appeal to the Jurist Rector was maintained 3. It should be added that the relation of the Medical Univer- sui confusus in promissionibus agra- 2 The Artist-Rector was also tore- vetur, inhibemus singulis scolaribus, ceive the hood from one of the Jurist ne quis doctori suo in diebus colecte Rectors, after receiving authority aliquid promittat nee in libro aliquam so to do from the ' Cancellarius summam scribat nee publice dare ali- studii.' quam pecuniam vel alia exenia debeat 3 It was on this occasion, by way vel presumat, sed quilibet sine aliqua of compensation for their loss of proclamatione secrete offerat et det fees, that the Prince presented the suo doctori prout sibi visum fuerit University building to the Jurists, expedire' (ib. p. 471). The colleda Gloria, Mon. (1318-1405), II. pp. must be between twenty and forty 342-345. See also doc. ap. Denifle, aquilini (ib. p. 472). Archiv, III. 395 sq. The Reformator 1 Gloria, Mon. (1318-1405), II. 29, at this time was an ecclesiastical mem- 30. The College was now confined ber of the Carrara House. From a to Paduan citizens or salaried Pro- document of 1400 (Gloria, I.e. p. 374) fessors. Earlier (1303), it would it appears that the Conductiones appear that there were two Colleges were managed by three Tractatores (ib. p. 60). appointed by the Commune. PADUA. 19 sity to the College was here decidedly different from that CHAP VI, which obtained at Bologna. In a document of 1393 tne -M'- College enforces an oath of obedience to its Prior or Provost upon all students as well as upon the Professors \ In the University of Medicine and Art the Rector's juris diction extended to all criminal cases except such as involved mutilation2. This University was divided into seven Nations of which only one was Ultramontane3. In all the Universities ' servants and mercenaries ' were Disquali- excluded from a vote, while those who were sent to the ^0" °f University by charity (alienis sumptibus) were incapable youthful of office. Boys under thirteen were disfranchised in the Students' Artist University, those under fifteen by the Jurist Statutes 4. Padua did not possess a College till 1363, when the Col- Colleges. legium Tornacense was established for six students of Law by a Bolognese citizen, Petrus de Boateriis5. The other Colleges founded at Padua up to 1500 were the Collegium Jacobi de Arquado (1390), an endowment for Cypriots in 1393, the Collegium Pratense or Ravennense (1394), the Scholares Auximani (1397), the Collegium Ridium (1398), the Collegium Curtosii (1412), the Collegium Spinelli (1439), the Collegium Engleschi (1446), and the Scholares Tarrisiani (1454). All these Colleges were small, the largest apparently being the Collegium Pratense with twenty students. As in most other flourishing Italian Universities, the number of Colleges increased largely during the sixteenth and the first half of the seventeenth centuries; at Padua twenty such foundations were estab lished between 1512 and 1653 G. 1 Gloria, /. c. pp. 271, 272. In an doubt at this time the Jurist Rectors earlier document of 1306 the Scholars must have possessed at least as much are enjoined to obey the Prior by power as the Medical. the Bishop. Gloria, Mon. (1222- 3 Stat. Artist, xiii. 1318), I. p. 145: II. p. 63. The * Stat. Jur. ff. 41 a, 456; Stat. Scholars protested, and the Bishop Artist, ff. i 6, viii b. suspended the mandate. 5 Facciolati, Syntagmata, p. 120. 2 Stat. Artist, f. v\b. The Jurist 6 Ib. pp. 124-151: Gloria, Mon. Statutes (Stat. Jur. f. 20) simply (1318-1405), II. 76, 289, 331, 352. confer ordinary jurisdiction ; but no As to the endowments not styled fame. 20 THE ITALIAN UNIVERSITIES. CHAP. VI, During the earlier part of its existence the University §4- was dependent for its prosperity upon the troubles of its increasing great neighbour, Bologna. While actual secessions from Bologna lasted, it practically took the place of the Bologna Studium. In 1274 for instance, during the War with Forli, the Canons of the Council of Vienne were officially com municated to Padua 1. But gradually, with the declining fame of the Bologna Doctors and the incessant disputes with the Bolognese citizens in the first quarter of the four teenth century, Padua acquired a more independent and permanent reputation, and eventually rose to the position of the first University in Italy. Its progress was in no way retarded by the subjection of the City to the Dukes of the Carrara family in 1322 or to the Venetians in 1404- It was from Francis Carrara, in 1399, that the University received for the first time a building of its own2: while the ox-tax and the waggon-tax were assigned for the payment of the Doctors3. The Venetian government likewise adopted the policy of patronising and encouraging the University, and largely increased the salaries4. Four Paduan citizens were long allowed to act as Reformatores or Tutor es Studii5, while the election of Professors remained, nominally at least, in the hands of the students till 1445, and in the case of some chairs till circa \ 560 6. An edict Colleges in the above list, it is however, that a chair of Greek was not clear, though probable, that established before 1465, Stat. Artist. the scholars were obliged to live f. xxii. together. 3 Tomasinus, p. 19 sq. Hence no 1 Gloria, Mon. (1222-1318) II. p. doubt the name of the University 28. Cf. Fez, Thes. Nov Anecd. I. c. building, II bo. 430. * Tomasinus, p. iQsg. 2 Tomasinus, p. 18 : Stat. Jitr. f. 5 Tomasinus, p. 25. It was not 162: Muratori, Rer. Ital. SS. xii. till 1517 that a board of three Vene- p-974; and above p. 18. note 3. It was tians took their places. Ib. p. 26. on the invitation of James of Carrara 6 Riccobonus, f. 86; Tomasinus, that Petrarch took up his abode in p. 136 ; Stat. Jur. ft. 59, 62 ; Stat. Padua as a Canon of the Cathedral : Artist, f. xx6. In 1467 some of the but he had no official connexion chairs were assigned to Paduan with the University, which was as citizens and a share in their appoint- a body one of the last and bitterest ment to the Paduan civic authorities, enemies of Humanism. (See above, The consent of the Venetian Govern- vol. I. pp. 264-5.) It is noticeable, ment had of course been required PADUA. 21 inflicting a month's imprisonment upon a householder in CHAP. VI, whose house a student should be found shut up ' to prevent §t^ his attending the balloting,' suggests a comparison with the most hotly contested of old English Parliamentary elections 1. Among other honorary privileges, Venice conferred on Relations the Rector the right to wear a robe of purple and gold, to Venlce> and, upon resignation of his office, the title of Doctor for life with the golden collar of the Order of S. Mark 2. It was under Venetian tutelage that Padua reached the zenith of her glory, becoming in the fifteenth and sixteenth centuries one of the two or three leading Universities in Europe. Venetian subjects were forbidden to study else where than at Padua, and eventually a period of study there was required as a qualification for the exercise of public functions at Venice3. Padua became in fact the University town or, as M. Renan has styled it, the ' quartier latin ' of Venice : while the tolerance which, under the pro tection of the great commercial Republic, long defied the fury of the Catholic reaction, attracted an exceptional number of students — especially medical students4 from England and other Protestant countries, even when the days of medieval cosmopolitanism were elsewhere rapidly passing away 5. before. Stat. Artist. xxiii6. Speci- 2 Conringius, Diss. Acad. V. ed. mens of the Rotuli containing the Heumannus, 1739, p. 164. names of the elected Professors which 3 The first enactment dates from y were annually sent to Venice, are 1468, (Stat. Jur. f. 51 b], the second given in Tomasinus, p. 1555?. The from 1479. Riccobonus, f. iob. appointments to the elective chairs 4 At an earlier period we find at the time of the printed Jurist patients coming from long distances Statutes were made by the Rector to be treated by the Paduan physi- and Consiliarii (I. c~). cians. In 1396 a German came from 1 Stat. Artist, f. xxxiii a. (Such Halle to be cured of asthma; after episodes are, I believe, not unknown spending nine months under the care in Scotch Rectorial elections at of a German M.D. at Padua, he is the present day.) From the earlier said to have been cured by Bartholo- Statutes of 1331 we learn that 'evenit meus de Mantua. Gloria (1318- experiencia unum interdum ponere 1405), II. p. 306. plures ballotas in piside.' Archiv, 5 See Andrich, passim. There VI. p. 481. were a considerable number of 22 THE ITALIAN UNIVERSITIES. § 5. NAPLES (1224). CHAP. VI, The fullest special treatment of this University is in ORIGLIA, Istoria dello §5. Studio di Napoli. Napoli, 1753. Cf. also SIGNORELLI, Coltura nelle due SiciUe. Napoli, 1784, II. p. 244 sq.\ III. 28, &c. Many documents are printed in HUILLARD-BREHOLLES, Historia Diplomatica Frid. II. Parisiis, 1852, &c., and DEL GIUDICE, Cod. Diplomatics del regno di Carlo I. e II. d' Angio, I. pt. i. 250 sq. Creation of We have already seen1 the important influence which was Stesby exercised uP°n the whole theory of a University, and the p,°pe ^d mode in which Universities could originate, by the efforts of the Empire and the Papacy to call Studia into being for purposes of policy, and to create by a stroke of the pen that ' generality ' which had hitherto been secured only by educational efficiency and wide-spread appreciation. In Foundation these efforts the Empire took the lead. The University of of Naples, Naples was the first University in Italy which was founded at a definite time by a definite Charter, and the first Univer sity in any part of Europe to be so founded with the partial exception of Palencia, which was founded, though not chartered, by the Castilian King Alfonso VIII in 1212-1214. Motives of Bologna, though its University was in no sense the 2^ creation of the Papacy, was a Guelphic City, and the attempt to create a powerful rival to the great Italian Law School originated with the highly cultivated Emperor Frederick II, the friend of learning, the enemy of civic liberty, the mortal enemy of the Church and of the Papal See. His chief agent in carrying out the scheme was his Chancellor, the famous Petrus de Vineis2. If any pre cedent were wanted for the assumption by the Emperor English and Scotch students here > See above, vol. I. p. 10. even in the eighteenth century. The 2 The letter printed as one from English and Scotch Nations con- Magister P. < Neapolitani studii doc- tinued to exist till 1738. According toribus universis,' and ascribed to to Itter, De honor, s. gradibus acad. Petrus Blesensis in Migne, T. p. 1541, Padua, as early as 1409, was CCVII. c. 468 is no doubt by Petrus liberal enough to bestow its Medical de Vineis. Doctorate upon a Jew ! NAPLES. 23 of an ecumenical jurisdiction in matters scholastic, it was CHAP. VI, supplied by Frederick I's celebrated authentic Habita^. _*£. The Bull of foundation2 was issued in 1224, just on the eve of the outbreak of the great struggle with the revived Lombard league: and Frederick's Neapolitan and Sicilian subjects were forbidden henceforth to resort to any other School. If Frederick's hostility to the North- Italian cities was in a measure the inspiring motive of the foundation, the war in which that hostility culminated was the cause of its failure. By 1239 a ' reformation/ which probably meant practically a new beginning of the Studium, had become necessary 3. All Faculties were nominally included in the new Univer sity : but it appears that Theology was (as usual in Italy) taught only by Friars, and that no promotions in Theology took place by virtue of the Imperial Bull 4. We have already Second noticed the attempt of Conrad IV in 1253 to transfer the f' Studium altogether to Salerno: but it is very doubtful whether there was by this time any Studium left to transfer. Denifle thinks that the Neapolitan Studium did not outlive its Founder 5, though during its short spell of life no less a man than S. Thomas was numbered among its scholars 6. The Studium was a purely artificial creation, not the 1 Denifle, I. 454. to tne Benedictines of Monte Casino. 2 The documents are printed in Origlia, I. 102. But in 1332 John Huillard-Breholles, 11.450: Origlia, XXII authorises the extraordinary I. 77. Cf. Ryccardus de S. Germano graduation of a Friar in Theology ap. Pertz, 55. XIX. p 344. ' non obstante quod forsan in eodem 3 See the documents in Huillard- studio magistri promoveri non con- Breholles, IV. 497 (an invitation sueverunt in facultate iam dicta.' addressed to the Bolognese students), Bull ap. Denifle, I. 460. The first V. 493 sq. : Origlia, I. 94 sq. Origlia notice of a secular D.D. occurs in (I. 43\ by ascribing to Frederick's 1451. Origlia, I. 248. original foundation documents which 5 Denifle, I. 457- Conrad orders belong to this Reformation, traces that the 'studium quod rtgebatur back the origin of the University to apud Neapolim, regatur in Salerno.' a still earlier period. Orlando, Un codice di legge e diplomi * When the Dominicans left Naples Sicilians. Palermo, 1857, p. 58. in consequence of the King's dispute ° A. SS. Mar. 7 T. I. p. 660. He with the Pope in 1234, the Univer- afterwards taught Theology here. sity applied for a Theological teacher Origlia, I. 144. THE ITALIAN UNIVERSITIES. CHAP. VI, §5- Second Re formation, 1258-9. Organiza tion : de pendence on Crown. outcome of any spontaneous or genuine educational move ment. Its third lease of life dates from the ' reformation ' by King Manfred in 1258-9 1. It was not, however, till the accession of Charles of Anjou in 1266, when a real reform was carried out with the support and encouragement of Clement IV2, that the University began to enjoy even a really continuous existence and a modest prosperity. Naples, long the only University in Southern Italy, became the University town of a part of Europe which, after the decline of the Medical School at Salerno, played but little part in the intellectual movements of the Middle Age. The position and climate of the crowded city must have made it, during a great part of the year, an unsuitable residence for students from any more Northern region. The University of Naples was the creation of despotism and was habitually treated as such 3. There is no parallel in medieval history for such an absolute subjection of a University, in the minutest as well as the most important matters, to the Royal authority. It was placed under the immediate superintendence of the Royal Chancellor till the time of Ferdinand II (1497), when the King's Grand Chap lain became Governor of the University 4. In the causes of scholars the jurisdiction belonged to a Royal official ap pointed for the purpose, the Justiciarius Scholarium ; but in civil cases the Imperial privilege of trial by the scholar's own Master or by the Archbishop was respected, and in criminal cases the Justice was assisted by three Assessors chosen by the scholars — one by the Ultramontani, one by the Italians, the third by the Neapolitan subjects or Regnicolx 5. Whatever corporate life was possible to a University placed in this humiliating position belonged to the Professors and 1 See the documents in Origlia I. 104 sq. » 2 Origlia,!. 131 sq., Giudice, I. 250. Cf. the Bull of Ctement IV, sometimes wrongly ascribed to Gregory X (see Denifle, I. 459), printed in Martene andDurand,^4w/>//ss. Collect. II. 1274. The term universale studium is here used for studium generate. 3 The only code of Statutes printed by Origlia is contained in the Royal Edict of Charles I in 1278, Origlia, I. p. 219 (cf. I. pp. 81, 221). 4 Origlia, I. 287. 5 Document of 1266. Giudice, I. 255, Origlia, I. 81-3, 193 sq. NAPLES. 25 scholars together1, as at Montpellier and other Universities CHAP. VI, intermediate between the Bologna and the Parisian types. -+,5'. We do not, however, hear of an election of Rector or Rectors till the fourteenth century 2. The promotions were carried out under the superintendence of the Grand Chancellor after examination by the Doctors in the presence of the Royal Court, the Doctoral diploma or Licence running in the King's name3. On one occasion, indeed, Royal inter ference was carried to the unprecedented pitch of ordering a re-examination of the whole staff of Regents, when those who failed to satisfy the Examiners were summarily de prived both of degree and salary4. The University was in fact even more completely a mere department of State than the modern University of France. But a certain measure of freedom was essential to healthy University life : Naples may possibly have been in its later days a not inefficient educational institution, but it has no place in the history of medieval thought 5. 1 As in other Italian Studia the must mean the King's Grand Chan- Doctors of each Faculty also formed cellor, if indeed the text is not separate Colleges, at least from the corrupt. time of Joanna II who granted them 3 Origlia, I. 1195^., 2i6sq., 232 AY^. charters (Origlia, I. 222 sq.~). The ' In Medicine the candidate disputed Colleges of Doctors were confined to with each Regent Doctor who sent Neapolitan subjects and monopolised his depositio to the Chancellor; after- the right of Promotion. wards he was again examined by the 2 In the document of 1291 printed King's physicians. ' Et turn exami- by Origlia (1. 201), he appears to have nabitur idem baccalarius per Curiam misunderstood the expression ad nostram per Phisicos nostros qui de- regendum as an allusion to the positionem suam referent eidem Can- Rectorship. He speaks of allusions cellario,' /. c. p. 220. to a Rector earlier in the fourteenth * Savigny, cap. xxi. § 121. century, but the first that appears in 5 As a note of the progress of the his documents is in 1338, when the Greek Renaissance, it is perhaps Rectores studii are mentioned (p. 182). worth noticing the appointment of It is not, however, quite certain that Lascaris as Rhetor and Professor these were elective Rectors in the of Greek, as early as 1405, by Ferdi- usual sense, and where we hear of nand I (Origlia, I. 263), but it does ' puncta danda per Vicecancellarios not appear what was his connexion Rectoris studii,' the word ' Rector ' with the University. THE ITALIAN UNIVERSITIES. CHAP. VI. § 6. Migration from Padua. 1228. § 6. VERCELLI (1228). VALLAURI, Storia delle Universiia degli studi del Piemonte. Torino, 1845, I. 17 sq. : SAULI, Condizione degli Studi nella Monarchia di Savoia in Memorie della r. Academia dclle Scienze di Torino, Ser. II. T. VI. Torino, 1844: MANDELLI, // Cotnune di Vercelli nel Media Evo. Vercelli, 1857-8, T. III. pp. 1-50 : BAGGIOLINI, Lo Studio Generale di Vercelli nel Medio Evo. Vercelii, 1888 : BALLIANO, Della Universita degli studi di Vercelli, Vercelli, 1868. Coco, Intorno al trasferimento d. Univ. d. Padova a Vercelli, Padova, 1892. Mandelli is the most important source for documents. In dealing with the University of Padua1 we have already had occasion to examine the provisions of the contract under which a Studium Generale was established at Vercelli by an immense body of students from that University in 12282. The testimony of Jordan of Saxony shows that a considerable body of students with a regular University organization was actually at Vercelli in the following year3 : and, even after the expiration of the eight years for which the contract was made, it is clear that, though the bulk of the students had no doubt returned to Padua, some sort of Studium still maintained a rather intermittent existence in the place, though it was prob ably a Studium to which nothing but the 'consuetudo' 1 See above, p. 12 sq A document in Mandelli (III. 10) shows that a Doctor of Theology was afterwards added to the staff, but this of course does not show that graduation in Theology ever took place here. It is observable that before 1228 (perhaps 1205-8) theCommunehadorderedthe Podesta ' dare operam ad habendum studium scholarum ' (leg. scholarium). Mandelli; III. 14 Cf. Balliano, p. 37. 2 There is no reason to believe that the Cathedral School at Vercelli was ever any thing more than a Cathe dral School, but the following is worthy of reproduction from its intrinsic interest : 'Volentespraeterea statum hospitalis Scotorum reformare in melius... praecipimus quod minister domum emat vel faciat, secundum quod per venerabilem patrem Ugonem Vercell.episcopum de consensu Capi- tuli est statutum, in qua comuniter recipiantur pauperes clerici et alii indigentes et de hiis quae superfuerint annuatim, salva in omnibus pro- visione Scotorum et Hibernorum et aliorum pauperum, ad quorum re- ceptionem idem hospitale specialiter noscitur institutum, misericorditer sustententur.' Stat.of Cardinal Guala for the Cathedral of Vercelli (1224), ap. Mandelli, III. 13. 3 He speaks of the Theutonici,. the Provinciales, and the Lombards. (JLettres, p. 102). One of his Bio graphers, in speaking of the visit, treats the Studium as a thing of the past : ' nam tune studium ibi erat.' A. SS. Feb. 13, T. II. p. 735. (Ac cording to one reading. Cf. Denifle, I. p. 293, n. 282.) VERCELLI. THE ROMAN COURT. 27 established during the years of the Paduan secession could CHAP. VI, have given any claim to the dignity of a Studium Generale. „' About the year 1237, or soon after, the Emperor Frederick II Traces of sent a Doctor of Civil Law ' to teach your scholars and existence" others who should come from all parts V which seems to suggest that practically there was no longer any regular Law-teaching in the City. This Doctor seems to have attracted Students: since at the beginning of 1238 the Pope threatens the citizens with the dissolution of their Studium 2. An allusion to a Studium sufficiently impor tant to attract a Spanish dignitary to the place, and to warrant his getting leave of absence for the purpose, occurs in 1 244 3. There are sparse allusions to Salaria of Professors of Law up to 1340*. The Town Statutes of 1341 declare that there is and ought for ever to be a Studium Generale in Vercelli, and make provision for four Civilians, two Decretists, and one Doctor of Medicine 5 : but there are no traces of the Studium after the middle of Extinction, the fourteenth century, and the newly founded Turin took its place as the University of Piedmont at the beginning of the next century. § 7. THE UNIVERSITY OF THE ROMAN COURT (1244-5). CARAFA, De Gymnasia Romano. Romae, 1751. RENAZZI, Storia delT Universita degli Studj di Roma. Roma, 1803. Renazzi supersedes Carafa (who did not distinguish the Studium Curiae from the Studium Urbis), and has the fullest collection of documents. Alone among the Universities of the medieval or of the A migra- modern world the University of the Court of Rome was v° migratory, like the ancient Law-courts of our own and 1 ' Pro edocendis vestris Scholar!- posuit quod, cum ipse olim apud bus et aliis undique Venturis ' ; Vercellas insisteret scolasticis disci- Martene and Durand, Ampliss. Coll. plinis,' was persuaded to enter the II. cc. 1141, 1142: Baggiolini, p. 139. Order of Preachers when drunk. 2 Denifle, I. 292, 293. For traces of the later existence of 3 There is a Bull of Innocent IV the Studium, see Mandelli, III. p. 24 (Reg. ed. Berger, No. 529) in 1244 sq., Baggiolini, p. 103 s^. which recites that ' M. Velasci, magis- * Mandelli, III. 43. ter scolarum Astoricensis, nobis ex- 5 Mandelli, III. 41. 28 THE ITALIAN UNIVERSITIES. CHAP. VI, other countries, and followed the person of the Supreme ^)t7' Pontiffs when they left Rome for their more agreeable Italian residences or for a permanent retreat to Avignon. Thus, after the foundation of a University for the City of Rome in 1303, there were during the presence of the Curia, two distinct Universities in the same place, and during the sojourn at Avignon the Studium Curiae was no less distinct from the flourishing University of that town. Founda- The University of the Court of Rome was founded by purpose. Innocent IV in 1244 or 1245 l. It was primarily a University for Civil and Canon Law, but there was also a Theo logical Faculty, and in the fifteenth century we hear also of degrees being given in Philosophy and Medicine2. The Doctors in the Theological Faculty were as a rule members of Religious Orders, mostly Dominicans. A nucleus for the new University was found in an earlier project of Honorius III who had founded the Mastership of the Sacred Palace, an office always held by a Dominican Doctor of Theology, who was to give lectures to the idle courtiers of the Papal Palace3. The more extensive scheme of Innocent IV was likewise intended to find useful employment for the crowds of benefice-hunting ecclesiastics, who, as the Bull observes, ' flocked from all parts of the world to the Apostolic See as unto a mother V It is particularly worthy of notice that the Civil Law 1 Renazzi, 1. 30 sq. (but not in full) : of this office by Catalanus De Magts- Denifle, I. p. 302, supplies the pre- fro Sacri Palatii Apostolici, Romse, amble. Notice that the purpose of 1751). It was held at different times this Bull in declaring the Studium to by Albert the Great and Thomas be ' general ' seems to be primarily Aquinas. At a later time the Master to enable its beneficed students to was required, besides lecturing, to avail themselves of the privilege of exercise a censorship on sermons to dispensation from residence : ' ut be preached in the Pope's chapel, studentes in scolis ipsis . . . talibus and generally to act as a sort of privilegiis omnino, libertatibus, et guardian of the orthodoxy of the immunitatibus sint muniti, quibus Papal household and as consulting gaudent studentes in scolis, ubi ge- Theologian to the Pope. He was nerale regitur studium, percipientes especially to lecture on Theology to integre proventus suos ecclesiasticos the loungers and attendant clergy sicut alii.' waiting for the Cardinals at Consis- 2 Renazzi, I. 51, 255. tories. Renazzi, I. 24, 44-5. 3 Carafa, I. 135. There is a history * Renazzi, I. 28. THE ROMAN COURT. 29 received especial encouragement in a School which was the CHAP. VI, absolute creature of the Holy See, Priests habitually receiving _*£ dispensations to enable them to study it in spite of the prohibition of Honorius III — a sufficient refutation of the idea that the Supreme Pontiffs were systematically hostile to that study. Even Honorius III was no enemy to the Civil Law as such, though anxious to promote the study of Theology and Canon Law by the Priesthood and the Religious Orders. But the study of Civil Law soon became essential to the study of Canon Law ; and the Popes themselves were usually lawyers rather than Theologians. It is hardly necessary to say that in this Studium theConstitu- democratic Student-universities never established them-tlon' selves ; it was governed (subject to the supreme authority of the Pope) by the College of Doctors. The Cardinal Camerlengo was Chancellor, and presided over the promo tions which were carried out in the regular way after examination by the Doctors of the Faculty in the presence of the Chancellor1. This may be a convenient place to mention that the Papal Dis- Pope claimed a right to dispense with the whole or any part of the preliminaries required for the Doctorate in any degrees. University, and of demanding the admission of the candi date either immediately or after a certain limited period of residence. This right was very frequently exercised in favour of Friars at Paris and elsewhere; and, as was natural, with peculiar frequency in the Pope's own Univer sity, where the degrees were often conferred merely by Bull without any residence or study whatever. In fact the lucrative business conducted in very recent times by certain American Universities, in the Middle Ages had its centre at Rome. The Council of Constance made an ineffectual attempt to reform this abuse2. More rarely we find the Pope commissioning some ecclesiastic to confer a degree with the assistance of a certain number 1 Renazzi, I. 43, 48 93, 253, &c. Cone. Const. I. pp. 743,606. Cf below, Cf. Stat. Fior. p. 342. App. XVII. 2 Rcnazzi, I. 41 ; von der Hardt, 3° THE ITALIAN UNIVERSITIES. Study of Languages CHAP. VI, of Doctors of any University1. But these Papal degrees _l2l of course carried with them the jits ubique docendi : even when the degree was not conferred in a University, the graduate possessed (theoretically) rights in all Universities. The degree-giving power possessed at the present day by the Archbishop of Canterbury is of course a relic of this Papal dispensing power ; but in the Middle Ages, with all the abuses connected with degrees, a Doctorate which con ferred no rights whatever in any University at all would have been scarcely intelligible. The University of the Roman Curia was one of the five Universities at which the Council of Vienne in 1312 directed that Professors of the Greek. Arabic, Chaldee, and Hebrew languages should be maintained2. Under the eye of the Pontiff who had presided at the Council, the decree was put into execution at least to a greater extent than was perhaps the case in some of the other Universities mentioned. At all events, the Professors were appointed and drew their salaries, which is as much as could at times have been said for certain University Professors of Oriental languages at more recent periods 3. But the association of the Studium with Paris, Bologna, Oxford, and Salamanca on this occasion corresponds rather to the position which the Popes desired their School to occupy in Italy than to the position which it actually held. As it will not again be necessary to say much more about this somewhat cele brated episode in the history of the Universities, it may be well to add that the objects of the measure were purely missionary and ecclesiastical, not scientific. The new studies were to promote the conversion of Jews and Turks in the East, not to promote learning or the better under standing of the Hebrew Scriptures in the West4. 1 Renazzi, I. 257. The object is here said to be to avoid the expenses involved in taking a degree in a University. 2 Some MSS. omit Greek. Chartul. Univ. Paris. T. II. No. 695. 3 Renazzi, I. 49 ; Denifle, I. 307. 4 There are traces of the teaching of Hebrew at Paris up to 1430 and in this year the faculty of Arts (or at least the French Nation^ assented to the supplication of ' professores qui- dam Graeci, Hebraei et Chuldsei' for a ' stipendium.' Bulaeus, V. 393. Cf. SIENA. 31 § 8. SIENA (1246, 1357). There are short notices of the University in GIGLI, Diario Sancse (Lucca, CHAP. VI, I723\ H. pp. 101, 349. DE ANGELIS, Discorso storico stiff Universita di Siena, § 8. Siena, 1810 (I have not seen the edition of 1840) is of no value. CARPEL- " LINI, Sulla origine nazionale e populare delle Universita di studj di Italia, e particolarmente della Universita di Siena ( Siena, 1861) is an only slightly more substantial brochure. MORIANI, Notizie sulla Universita di Siena (^Siena, 1873) gives slight sketches of its history. BANCHI has published a most interesting series of documents dealing with the migration of 1321 -1322 in Giornale Storico degli Archivi Toscani, vol. V (1861), pp. 237 sq., 309 sq. But the most important authority is DENIFLE (I pp. 429-452), whose work is here based upon his own researches in the archives of Siena. Since Denifle two slight pamphlets have appeared, COLOMBINI, Cenni storici sulla Universita di Siena (Siena, 1891), and ZDEKAUER, Sulle origini d. Studio Senese (Siena 1893). The first notice of any kind of School in Siena occurs Migration in 1241, when we meet with a ' Professor of Grammar ' and *™£J na a 'Master in the Art of Medicine'1. In 1246, when 1 246. "a Frederick II attempted to prevent students from going to Bologna, Siena took the opportunity afforded by the dissensions in which the great University City was involved to hire a Doctor of Civil Law and proclaim the opening of a Studium by the accustomed method of sending messengers to the neighbouring towns with an announce ment of the lectures2. In the following year there were a considerable number of Doctors in the place. In 1252 Innocent IV granted the ' University of Masters and Doctors regent at Siena and of their scholars studying in the same' together with their Bedels an exemption from certain city taxes, and appointed the Bishop as their Conservator 3. It is probable that at this time the Studium would have called itself and been generally recognised as a Studium Generale in the loose and untechnical sense which was then given to the word, and it seems on the whole entitled Chartul. Univ. Paris. T. II. Nos. 777, upon all benefices in the Province 786, 857. See also Ch. Jourdain's for the support of a converted Jew dissertations in Excursions hist, et who is alleged to have been teaching phil. d travers le Moyen Age, pp. 233- at Oxford. Wilkins, Concilia, II. 499. 245. In England we find the Can- * Doc. ap. Denifle, I. p. 429. terbury Convocation in 1320 direct- 2 Ib. pp. 429, 430. ing a tax of a farthing in the pound 3 Reg. Vat. quoted by Denifle, /. c. THE ITALIAN UNIVERSITIES. CHAP. IV, §8. Disputed claim to be Studium Generale. Bologna Migrations in 1321 and 1338. to be placed alongside of Reggio and Vercelli as one of the spontaneously developed Universities of the thirteenth century. There is no reason why it should forfeit this honorary position because it was not permanently able to assert its privilege or to re-establish its position at a later date without making a fresh start and obtaining a Papal brief. By 1275 the Bologna immigrants had evidently long since returned, and we find the city adopting a resolution 'upon the having, bringing back, and founding a Studium Generale at Siena1.' This combination of terms clearly evidences the fact that in the view of the citizens the place had once been a Studium Generale 2 : with equal clearness it shows that de facto no such Studium Generale now existed. But by this time it was becoming less easy than it had been for a University to obtain recognition as a Studium Generale by mere prescription. When a new Italian Studium had succeeded in making itself * general ' by merely claiming to be so, it had usually been because a body of seceders from Bologna had brought with them something of the fame and prestige of the great Studium Generale par excellence. The resolution of 1275 evidently shows that it was imagined that it lay in the City's power to create a Studium Generale without invoking the assistance of Pope or King. The necessity of a foundation-bull was at this time not sufficiently recognised to prevent the attempt being made ; but it was becoming too well- established for the attempt to succeed. A few notices of salaried teachers continue to occur, but there was no real Studium Generale again till 1321. In that year the City once more opened her gates to a body of malcontent scholars from Bologna, where a dispute had arisen with the 1 ' Super habendo, reducendo et fundando generali studio literarum in civitate Senensi.1 Documents ap. Denifle, I. p. 431. 2 It is on this ground that I venture to date Siena from 1246, in spite of the authority of Denifle, who dates it from the Imperial Bull of 1357. See the criticisms of Kaufmann, Gesch. d. Deutsch. Univ. I. 376 : Deutsch. Zeit. f. Geschichtswissenschaft, I. 127. Really such Universities occupy a debatable ground between the Studia Generalia ex consuetudine and the Universities founded by Bull. SIENA. 33 town, which (among other outrages upon student-liberties) CHAP. VI, had executed a scholar for rape. The bulk of the fugitives _§M8V had temporarily taken refuge in the little town of Imola, and there the envoys of Siena succeeded by liberal offers of salaries in attracting to their City a considerable contingent of the Dispersion l. But a reconciliation took place before the close of the year2, and it was not till the next great Bologna exodus of 1338 (when Pisa and Arezzo obtained their foundation-bulls) that Siena once more leapt for a moment into the position of a de facto Studium Generale. But by this time the necessity of a bull of erection for a permanent University was established beyond all possi bility of doubt. The ancient but somewhat dubious and obsolete pretensions of Siena to the character of a Studium Generale were no longer likely to meet with respect. If the Studium was to be permanent, if it was to venture to confer degrees, and if these degrees were to be worth anything, such a Bull must be procured. Serious efforts were made to obtain the needful document from the Pope on the occasion of this Bolognese migration ; but the attempt failed and the bulk of the Masters and scholars no doubt returned to Bologna. After some further failures to obtain the privileges of a Studium Generale, the City at last in 1357 Imperial turned in despair to the Emperor Charles IV, from whom it obtained a Bull which, after declaring that the Studium had once been flourishing but had now sunk into obscurity, proceeds to confer upon it de novo the 'privileges of a Studium Generale V In 1408 a fresh grant of privileges 1 See the accounts and resolutions the rate of 100 florins per annum, of the Council in Banchi, /. c. p. 309 s#. Banchi, p. 329. In May 1321 the City had to borrow 3 The whole tone both of the no less than 'summamquatuormillium Bull and of the City, in so far as we florenorum de auro, pro expedien- can judge from the extracts in dis et adimplendis promissionibus Denifle (I. p. 447), negative the sup per sindicos comunis Senarum rec- position that any one whatever now toribus Universitatis scolarium et supposed Siena to be capable of ipsis scolaribus.' Banchi, p. 315. becominga Studium Generale without 2 Ghirardacci, II. pp. 17, 38. In a Bull. A confirmation of the Im- July, 1322, however, Dinus gives perial privileges was granted by a receipt for his salary at Siena at Sigismund in 1433. Denifle, I. p. 452. VOL. II. D 34 THE ITALIAN UNIVERSITIES. CHAP. VI, was obtained from Pope Gregory XII \ and it was at this _*4f-i time that the Studium for the first time entered upon a period of permanent vitality. A little before (1404) a College for thirty poor scholars had been founded by the City, on the basis of an older ' casa della misericordia,' Sapienza. known henceforward as the ' domus sapientie ' or ' Sapienza/ which was to live according to the rules of the famous Spanish College at Bologna 2. A Civic The most remarkable feature of this University throughout University. .^ ^story js ^g closeness of its dependence upon the town3. The attempt of the City in 1275 to erect a Studium by a distinct executive or legislative act represents the first attempt of the kind in the history of the Italian City- republics 4 ; and it remains the only instance (except the early secessions from Bologna) in which the attempt was made without any effort or apparent intention to apply for a Bull of erection. Writers eager to gain historical support for the theory of the State's educational omnipo tence have insisted much on the case of Siena as proving that the medieval conception of a Studium Generale was simply a Studium authorized by a Sovereign or independent Municipality. If such was the theory to which the states men of Siena attempted to give expression, the attempt conspicuously failed. Siena was never acknowledged as a Studium Generale except during the brief periods during which she welcomed fugitives from Bologna. Many other Italian Universities were, as completely as Siena, the creations of the free City government, but they never attempted to dispense with the formality of the Papal or Imperial Bull. 1 A number of Bulls were granted, 3 It recognised, however, in the am- one of which, in appointing the plest way, the Rectorial jurisdiction, Bishop 'Cancellariusstudii/expressly extending it even to Gives. Town- recognises the Bishop's existing au- statutes of 1338 ap. Denifle, I. 448. thority under the Imperial founda- 4 Putting aside cases where the tion. Denifle, I. p. 450. City merely negotiated with a Se- 2 Denifle, I. p. 451. cession from some other University. PIACENZA. § 9. PIACENZA (1248). 3.5 Some notices and documents occur in CAMPI, Hist. Univers. delle coseecdes. CHAP. VI, come seculari di Piacenza (Piacenza, 1651), II. p. 187 s#. &c. There are §9. scattered notices in Me morie per la Storia Letteraria di Piacenza. Piacenza, — *+- 1789. See also Annales Placentini ap. Muratori, Rer. Ital. SS. XX. cc. 932- 941. So far the Universities which we have considered have Conversion been either of spontaneous growth like the ereat parent °f,To'vn TT • 'A r T» i r- oCnOOlS University of Bologna, from which most of them may be into Studia considered as colonies or outgrowths, or artificial creations of Pope or Emperor. We now come to a fresh type of University— in Italy by far the most numerous— the class in which a Town-school, supported by the Municipality, obtained the privilege of a Studium Generate by Papal or Imperial Bull. The idea of applying for such a Bull was no doubt suggested by the precedents of Toulouse, Naples, and the Curia. Schools of Law and Arts and often Schools of Medicine existed— not always continuously, but inter mittently—in nearly every important City-republic in Northern Italy. Originally, as has been seen, these Schools were the private adventure of some Doctor who established himself in the Town, and supported himself by the fees of his scholars. But even in the second quarter of the thirteenth century the system of state-paid salaria began to supersede the voluntary system : and this by itself tended to give a formal and public character to these City schools. The Municipalities made contracts with the Professor for one, two, or more years. The presence of an eminent lawyer was of value to the town apart from his educational work : and in some of the contracts it was stipulated that the Doctor should give legal advice to the government when required as well as instruction to its future magistrates and lawyers. The Doctor would of course as a rule have graduated at Bologna or at least at one of those daughter- schools of Bologna at which the Bologna method of graduation had spontaneously established itself; but after the middle of the century the prestige attending these D 2 36 THE ITALIAN UNIVERSITIES. CHAP. VI. ' promotions '—the mysterious glamour which has ever }*_ since that date hung about the process of taking a 'degree' — was such that these paid Professors did not venture to conduct the ceremony of graduation on their own respon sibility. Their pupils in the Town-schools might learn Law, but could not become teachers, or assume in public and professional life the position which was everywhere accorded to the properly accredited Doctor of Law. So long as a School laboured under these disadvantages, it was not likely to attract students from distant cities, when it was just as easy to go to Bologna or to Padua. Hence the eagerness for those Bulls which, since the assumption of the prerogative of creation by Innocent IV and Frederick II, were recognised as elevating a School at one bound from a Studium Particulare into a Studium Generale with all the substantial privileges and the vague prestige which had gradually become associated with the latter appellation. The first Italian City to apply for such a Bull was Piacenza. The great Jurist Placentinus, best known as the traditional founder of the Law-school at Montpellier, was born at Piacenza and taught there in his old age : and there are some other traces of Law-teaching in the place from the end of the twelfth century. But the Studium Nominal had no pretensions to being general until a Bull was granted ^Uin2da8tion by Innocent IV in 1248^ conferring upon the Masters and scholars all the privileges of Paris and other Studia Generalia, and bestowing the ' right of promotion ' upon the Bishop. Little, however, came of the new departure. There is an Kefounded occasional notice of a Doctor of Law or Medicine teaching GaSazzo at Piacenza 2, but there is no evidence of the existence of Visconti. a #e facf0 Studium Generale till the year 1398, when Gian Galeazzo Visconti issued a fresh charter of erection, which he claimed to do by virtue of the Imperial power delegated to him as Vicar of the Empire 3. At this time 1 The Bull is printed in Campi, privilege of Paris,Padua, Bologna (no il. 399. tice the order), Oxford, Orleans, Mont- 2 These are collected by Denifle, I. pellier, Pavia, Perugia, ' de nostrse pp. ^67, 568. plenitudine potestatis a Caesarea dig- 3 Gian Galeazzo claims to confer the nitate nobis et nostris successoribus PIACENZA. 37 the necessary steps were taken for giving effect to the CHAP. VI, Charter, and the University of Pavia was formally sup- ^fy. pressed in favour of the new foundation 1. Piacenza was intended to be the University Town of the great North- Italian State which the tyrant of Milan and Pavia was building up. Many reasons can be easily suggested for unwillingness on the part of such a ruler to have a Univer sity in either of his capitals : and in Italy new Universities generally succeeded best in the less populous and prosperous cities, where empty houses were abundant and rents low. For a short time we find the usual Italian organization — Efforts a University of Artists and Medical Students combined Gakazzo. and a University of Jurists with their respective Rectors2 — established in Piacenza. Distinguished Professors were salaried. Between 1398 and 1402 no less than seventy-two salaried Professors (not all simultaneously) are found lecturing in the University — among them Baldus, the most famous Jurist of the day3. And here we may observe that we have now reached the period at which the progress of Humanism may be faintly traced in the altered characters of the academic curriculum. Among Gian Galeazzo's Professors were not only Professors of Theology, Law (including the Notarial Art4), Medicine, Philosophy, and Grammar, but of Astrology, Rhetoric, Dante, and Seneca. Yet in spite of this lavish expenditure, the project failed. The attempt to establish a University by pure state-action when there was no natural flow of students to a Town, and when the Town was too small to furnish a substantial nucleus by itself, was by no means always successful. The Studium had practically, it would seem, attributa.' Campi, III. p. 307. The * Gatti, p. 138, but see below, p. 54. claim is obviously a usurpation, but 2 ' In praesentia DD. Rectorum, et the form in which it is made testifies caeterorum Doctorum hujus alius to the general acceptance of the studii.' Campi, II. 190. It would power of creating Universities as appear that the Rectors were here one of the Imperial prerogatives. Doctors. Cf. /. c. p. 195. Denifle (I. p. 570) considers that the 3 Muratori, Rer. It. SS. XX. cc. document must have been issued 939, 940. before 1399, the date given by Campi. * As in most Italian Universities. THE ITALIAN UNIVERSITIES. CHAP. VI, collapsed a decade before the year 1412, when it was wisely determined to make the larger Pavia the University of the Milanese, and the subjects of the Duchy were forbidden to study elsewhere. But, though not a single lecture was given, the Doctoral Colleges of Piacenza still went on exercising their University privileges and in fact conducted a profitable traffic in cheap degrees — an abuse of which the Pavians naturally complained, but apparently without effect *. 10. Trans ference to Pavia, 1414. Founda tion. § 10. ROME (S indium Urbis\ 1303. For authorities, see above, § 7. Quite distinct from the University of the Curia, though by many writers confounded with it, was the University of the City of Rome, founded by Boniface VIII in 1303 2. It was a University for all Faculties, though practically Law and Arts were most prominent. In the course of the great Schism and the political commotions of that period it was altogether extinguished ; Eugenius IV is considered its second founder (1431) 3. Under his sanction it was endowed by the Roman Municipality with the proceeds of a wine- tax, and was placed under a board of Reformatores or Curatores. But at no period of the Middle Ages was this University of much importance from an educational point of view. The organization of the Studium more nearly followed 1 The Envoy of Pavia sent in 1471 to the Duke urges ' Privilegium Innocentii IV eis concessum datum fuit docentibus, et sic qui actu decent ; cum Privilegium dicat docentibus et scholaribus . . . ; sed hodie non docet, cum non sit Studium generale litera- rum.' Muratori, Rer. Ital. 55. XX. c. 931. A Collegium Jurisconsultorum and a Collegium DD. Artium et Medi- cince Doctorum seem, however, to have maintained their ground. Their Statutes are printed in Statula Varia Civitatis Placentia (Parmse, 1860, pp. 467, 559). Those of the College of Medicine (though in their present form of the sixteenth century) still contain provisions for graduation, which are absent in the Jurist Statutes of 1435. 2 The Bull is printed in Renazzi, I. 258. There is another Bull of John XXII which requires promo tions to be made with the consent of the Cardinal Vicar. Renazzi, I. 266. 3 See the Bull in Renazzi, I. 274. An attempt at restoration by Inno cent VII failed. Carafa, I. 167 sq. ROME. 39 the democratic Italian pattern than was possible in the CHAP. VI, University of the Sacred Palace. There was a Universitas §/(°' and a Rector or Rectors 1, elected by Doctors and scholars Consiitu- combined, who had jurisdiction in civil and minor criminal cases. In all cases except homicide the scholar had the option of being tried by his own Master according to the privilege of Frederick I or by the Cardinal Vicar : to whom also belonged jurisdiction in cases of homicide committed by clerks. When committed by lay scholars these cases were tried by the Senator 2. Till the time of Eugenius IV the salaried Professors were elected on the petition of the scholars by a body described as the ' Rectores et Syndici Romane Fraternitatis,' whom Renazzi supposes to be repre sentatives of the clergy of the Roman City3. Eventually in the time of Leo X the Studium sacri United Palatii seems to have been merged in the Studium urbis, g?~[j and the one Roman University established in a building Curioe. since generally known as the Sapienza 4. At this time many distinguished men were Professors in the Roman University, so much so indeed, that we are told that the teachers were more numerous than the scholars 5. 1 The Bull of Boniface VIII speaks or Collegium pauperwn scolarium sa- of Rectores, but we never hear of pientie Firmane founded by Cardinal more than one Rector. Dominicus de Capranica, Bishop of 2 Renazzi, I. 275. Fermo,ini455. Catalanus^DeEccl.Fir- 3 Ib.l. 66-7, 261. But the elections mana ejusque Episcopis, pp. 254-255. were subject to Papal interference, 5 Leo X declares in 1513 that /. c. pp. 67, 263. ' adeo scolarium copia defecit, ut 4 Ib. 1.55-6. An apparently quite quandoque plures sint qui legant, distinct building was the Sapienza quam qui audiant.' Denifle, I. 315. 40 THE ITALIAN UNIVERSITIES. § 11. PERUGIA (1308). CHAP. VI, BINI, Memone istoriche della Perugina Universita degli studj (Perugia, 1816), § IZ- is practically superseded by PADELLETTI, Contribute alia storia dello studio di Perugia net secoli 14 e 15 (Bologna, 1872), which is an edition of the Statutes of 1457, with an historical introduction, and by the unusually full and interesting series of documents published by Rossi (Document! per la storia delT Univer sita di Perugia) in the Giornale di erudizione artistica, vols. IV-VI (Perugia, J875 -77 : also printed separately) and Sen ii. vol. II. 1883. The series, however, unfortunately stops at the year 1389. I am indebted for the loan of this rare work to Professor Holland. Fonnda- Throughout the thirteenth century we find a succession of Professors hired by the Commune of Perugia to teach Law to the sons of its citizens: and in 1276 nuntii were despatched in the accustomed manner to announce the opening of the lectures in the neighbouring Cities also1. By the end of the century the School had obtained con siderable repute, and this is one of the few cases in which we have positive evidence of the existence of Universitates Scholariurn before the erection of the School into a Studium Generate2. The foundation-bull was obtained from Clement V in 1308 3, and it is significant of the usual connexion in Italy between a Studium Generate and Universitates Scholarium that the year before, as a preliminary to obtaining the Bull, the City formally recognised these Universities and bestowed upon their Rectors ' the same office and jurisdiction which Rectors have in Studia Generalia4.' The Doctors were elected periodically by the City authorities in conjunction with the Rectors. At first of course these Professors were 1 Rossi, Secolo xiii. Nos. 1-4. (All millesimo comincio in Perugia lo subsequent references to Rossi are studio generale.' to Sec. xiv). 3 Denifle, p. 538 note: Rossi (No. 4) 2 From documents of 1304 (^Rossi, and others wrongly give 1307. This Nos. i, a) it appears that steps Bull simply decrees 'ut in Ciuitate had already been taken with a predicta sit generale studium illudque view to the establishment of a ibidem perpetuis futuris temporibus Studium Generale : in Brevi Annali uigeat in qualibet facultate,' without della Citta di Perugia (Archivio expressly conferring the ' facultas Storico Italiano, XVI. pt. i, p. 59) ubique docendi.' sub an. 1301 we find ' In questo * Rossi, No. 3. PERUGIA. 41 persons who had already graduated at Bologna or some CHAP. VI, other f famous Studium ' : and at this transition-period in . «1,1'. the development of the medieval ideas about studia generalia it was not, it would appear, considered that the mere recognition of the School as a Studium Generale carried with it ' the right of promotion V If that were so, the only practical benefit which the City had gained by its Papal Bull was that terms kept at Perugia could be counted towards graduation at another University, and that its beneficed students might obtain leave of absence from their Bishops. In 1318, however, the City succeeded in obtaining a fresh Bull from John XXII authorizing the Fresh Bull promotion of Doctors in the legal Faculties, and in 1321 m ISI (when Perugia benefited by the great exodus from Bologna2) Medicine the privilege was extended to Medicine and Arts 3. In 1362 Nicolas Capocci, Cardinal Bishop of Tusculum, founded a Collegium Gregorianum (afterwards known Collegium as the Sapienza Vecchia) for forty scholars, of whom anrum°and six were to study Theology 4. This led to an appli- the study of cation for the privileges of a Studium Generale in this Faculty also. The case of Perugia illustrates with great clearness what had been the position of theological studies in Italy before the erection of academic Faculties of Theology in the fourteenth century, and how far — 1 On Nov. 25, 1317 the subject was 2 Ghirardacci, II. 5 ; above, vol. I. brought before a meeting of the p. 173. Priores Artium and the Camerarii 3 Rossi, No. 33. The dispensation Artium : ' Cum aliquis sit qui offert from residence even without the dominis prioribus artium et comuni licence of Bishop or Chapter was perusii se procuraturum privilegia conferred in the same year. (No. 36.) studii et conventus comuni perusii * Rossi, No. 101. The Cardinal a domino papa pro mille florenis de gives as a reason for this last provi- auro,'&c. (Rossi, No. 27). The Bull sion that ' diebus istis pauci clerici was granted on Aug. i, 1318 (ib. scolares reperiuntur qui sint docti in No. 28). The Bull contains the un- sacra pagina sciantque populo pro- usual limitation that no one was to ponere verbum dei.' For he goes be admitted D.C.L. after less than on to remark, 'Quod aduocationis six years' study or Doctor of Decrees officium maxime in partibus Italic after less than five, or without danpnationis (sic) est anime,' and having ' read ' two books of the consequently forbids the study of the Civil or Canon Law respectively as Civil Law to more than six ; the rest a Bachelor. were to study Canon Law. 42 THE ITALIAN UNIVERSITIES. CHAP. VI, that is to say, how little — their position was changed i,V_l by these Papal Bulls. We find here that the students of the new College were by the Founder's statutes to attend the lectures of the Mendicants. At Perugia, as everywhere else in Italy, Theology had been abandoned to the Mendicants. Here and there a few secular scholars might be admitted to their lectures. The erection of a Studium Generale in Theology merely gave these students — and also the Mendicant teachers them selves — the opportunity of gaining the honours of the Doctorate in their own Schools. Soon after the foundation of its University, in 1316, the citizens of Perugia were fortunate enough to secure the Jacobus de services of Jacobus de Belviso, one of the most famous Jelviso. Civilians of his age. The University was thus at once placed (so far as the distinction of a teacher could place it) on a level with Bologna and Padua, though the City did not succeed either by threats or bribes in preventing his being enticed away to Bologna. After five years' teaching, the fame which the University ac quired was permanent. Though its students do not appear to have been at any time very numerous 1, the most famous Jurists of the fourteenth century at one time or other taught at Perugia. The Canonist Johannes Andreas, Bartolus the most famous of the later medieval Civilians, his pupil Baldus, and Gentilis, the founder of the Science of International Law, are only the most famous of the distinguished teachers who were attracted to the place by the exceptional liberality, energy, and discernment of the Perugian Municipality 2, by whom the whole or most of the salaried chairs were expressly confined to non-Perugian Doctors. 1 The Matricula of 1339 contains tiones of Professors. Sometimes we 12 Doctors, 119 Scholars in Law, and find Doctors nominated or elected by 23 in Medicine. Rossi, No. 64. the Students, but the appointment 2 The records contain a series, was normally vested in five Sapientes probably unique in its completeness, Studii (who were apparently stu- of receipts for salaries and other dents) under the general control of documents relating to the conduc- the Priores Artium. T REV ISO. 43 In 1355 the City obtained an Imperial Bull of erection CHAP. VI, in addition to the Papal charter which it had long possessed, j ,1.2; This unusual step was apparently taken as a kind of imperial advertisement for the University, which had suffered a temporary depletion in consequence of a recent outburst of the plague1. The Statutes are derived from those of Bologna 2 as Statutes regards the orders and titles of successive paragraphs, but by the time of the extant edition (1457) they have suffered so much revision that the matter reproduced verbatim from Bologna is but a small proportion of the whole. The chief constitutional difference is that at Perugia not only are Ultramontani and Citramontani now merged in a single University, but the students of Medicine and Arts are likewise included in the same University and placed under the same Rector 3. The Ultramontane Nations are France, Germany, and Catalonia ; the Citramontane Rome,Tuscany, the March, and the Kingdom of Sicily4. The Rector's jurisdiction here extends to minor, but not to serious, criminal cases 5. § 12. TREVISO (1318). VERCI, Storia della Marca Trivigiana e Veronese (Venezia, 1786), prints the town-statutes relating to the Studium. These and some other documents relating to the hiring of Professors are now printed in MARCHESAN, L'Uni- versita di Treviso (Treviso, 1892), a history in which a very few facts are spun out into a book of 314 pages, exclusive of documents. In 1263, four years after the downfall of the Ezzelino Founda- tyranny,the City of Treviso resolved on the re-establishment tl( of a Studium, from which we may infer the existence of Schools at an earlier period. The resolution was carried out, but on a very small scale ; since only one Doctor of Law 1 Rossi, No. 96. that they were not to prevent others '2 The resemblance to the earlier from practising in the place. Bologna Statutes is much closer than 4 Padelletti, pp. 64, 65. to the printed Statutes of 1432. 5 * Levia autem volumus delicta 3 In 1389 the Doctors of Medicine intelligi, ubicumque arma non inter- were allowed to form a Collegium venerint.' Padelletti, p. 61. (Rossi, No. 241), but with the proviso 44 THE ITALIAN UNIVERSITIES. CHAP. VI, and one of Medicine were hired1. In 1314, however, steps § *t3'_ were taken for the establishment of a Studium Generale, and no less than twelve Professors were elected ; but some of the Professors whose services the City sought to attract would not accept the salaries offered ; and the University had to open with a much smaller and inferior staff to what had been contemplated 2. It was at first proposed to apply to the Pope for a Bull ; but as a matter of fact the foundation- bull was obtained in 1318 from the Imperial claimant, Frederick of Austria (the rival of Louis of Bavaria) to whom Treviso at that time adhered 3. But the University always remained insignificant. It is, indeed, doubtful whether it even survived the year of its formal erection. At all events the Venetian conquest of Padua, and the edict of 1407 forbidding Venetian subjects to study anywhere else, must have put an end to a Studium Generale (had such existed) in Treviso, which had formed part of the Venetian territory since 1339. § 13. PISA (1343). FABRUCCI, four Dissertations in Calogera, Raccolta d* Opusculi scientifici e filologid. Venezia, 1728-57, vols. XXII, XXIII, XXV, XXIX. FLAMINIO DAL BORGO, Dissertasione epistolare sulV origine della Universita di Pisa, Pisa, 1765. FABRONI, //isfor/a Academic? Pisance, Pisis, 1791. The last is the most important and prints the Statutes. The early School of Law. The School of Pisa dates from at least the end of the twelfth century 4. In the thirteenth century its fame was sufficient to attract students from Marseilles5; but it did not obtain the privileges of a Studium Generale till 1343, when a Bull was granted by Clement VI, conferring the privileges of ' Bologna, Paris, and other famous Studia 1 Verci, II. 107, 108. Cf. a docu ment of 1271 ; ib. II. Doc. p. 135 : Marchesan, pp. 317-319. There was some considerable number of students here in 1271. 2 Verci, VII. Doc. pp. 39, 46, 70, 71, 1351 142. Tacoli, Mem. Stor. d. JReggio, III. 226 : Marchesan, pp. 319-343. 3 Verci, VIII. Doc. pp. 147, 155 : Marchesan, p. 343. Cf. Denifle, pp. 466, 467. * A ' Nuntius Pisanorum Schola- rium ' is mentioned in a doc. of 1194. Fabroni, I. p. 401, Pisis. The ex pression suggests the existence of a Universitas. & Fabroni, I. p. 15. PISA. 45 Generalia V The application for this Bull was suggested by CHAP. VI, a great immigration of students from Bologna, which took § *,3' place in consequence of the interdict laid on that City by B?losna 1 * J J migration Benedict XII in I.3382. The City was no doubt further in 1338. influenced by rivalry with its enemy Florence, where Founda- attempts were being made to found a University. A scheme was proposed, hitherto unusual in Italy though common in Spain, for saddling the expenses of the Studium upon the ecclesiastical revenues of the diocese 3. It would, indeed, have been wiser had the Church allowed its revenues to be systematically applied to educational purposes instead of encouraging individual students to study in the Univer sities while holding benefices (often with cure of souls) the duties of which they were unable to perform. The appli cation was, however, refused by Benedict XII, but at a much later period we find Sixtus IV consenting to 5°°° ducats being raised by a tax upon the clergy for the support of the Studium4. For a short time after 1338 the Bologna colony kept Decline, the Schools of Pisa full. Even before the foundation-bull was granted, the twin Universities of Ultramontani and Citramontani reproduced themselves in Pisa, even if they did not exist before the migration 5. Two of the most eminent Jurists of the century, Bartolus and Baldus, taught 1 Fabroni, I. pp. 404-6. A Bull that Pisa could have had an Im- allowing beneficed clergy to obtain perial Charter before the Papal Bull, leave of absence to study at Pisa if such a document ever existed, was conferred at the same time. Ib. The phrase is possibly a mere piece pp. 406-8. The Foundation was con- of Ghibelline sentiment. From Fab- firmed by Urban V, in 1364 (Denifle, rucci, Raccolta, &c. T. XXV. x. it I. 320). It should be observed that would appear that the formula was Bartolus speaks of lecturing ' in used in his day. Generali Pisano Studio' in 1340, 2 Fabroni, I. p. 48. Cf. above, p. after the Bologna migration, but 9, n. 3. before the grant of the Bull. Fabroni, 3 Ib. p. 46. I. p. 49. From a diploma of 1438 it 4 Ib. p. 481. appears that the ' licences 'were then 5 A Rector Citramontanus is men- conferred ' Apostolica et Imperial! tioned in the year 1340. Fabroni, auctoritate' (Fabroni, I. p. 62) : but I. p. 60. From Fabroni, I. p. 93, the way in which the opening of the however, it would appear that there Studium in 1343 is described (cf. also were two Rectors, one of the Jurists, tb. I. 403) makes it very improbable the other of the Medicals and Artists. 46 THE ITALIAN UNIVERSITIES. CHAP. VI, here for short periods. But a combination of misfortunes § 14. --M-1 destroyed the prosperity of the Studium a few years after its foundation. War, famine, and, above all, the Black Death of 1348, dealt a blow from which it did not recover till the following century. At times the Schools seem to have been altogether suspended l. The existence of the University again becomes traceable as the City began to recover from the effects of the Florentine conquest of 1406. Its second birth, however, dates from the year 1472, when the restoration of the University was undertaken by Florence. Pisa had to accept academic prestige as a substitute for departed glory and decaying commerce. Revived by ln ^73 the Florentine University was dissolved2: Florence in — . .. . 1472. Pisa assumed the position of the University Town of the conquering State, and soon became one of the leading Universities in Italy, second perhaps to none but Padua. It was no doubt the policy of Florence, as of Venice in its relations to Padua, to keep up the population of its subject Town in a way which would be politically harmless. A very ample jurisdiction was allowed to the Rector, extending to all civil cases and all criminal cases short of theft or homicide 3. § 14. FLORENCE. (1349.) The most important authority is GHERARDI, Statuti della universita e studio Florentine (with a ' discorso ' by C. MORELLI), Firenze, 1881 — a magnificent edition. There are two articles by RONDARI (Ordtnamenti e vicende princi- pali delT antico studio Fiorentino] in Archivio Stor. Ital., Ser. IV. p. 14, 1884. PREZZINER, Storia del pubblico studio e delle societa scientifiche e letterarie di Firenze (Firenze, 1810), deals chiefly with the careers of the Professors. The reader will probably learn with some surprise the late origin and comparatively small prosperity of the Uni- 1 Fabrucci, Raccolta, &c. T. XXV. was temporarily transferred, thrice on p. xi sq. account of plague — in 1479 to Pistoja, '2 See the Decree, Fabroni. I. p. 409. in 1482 and 1486 to Prato — and 3 Fabroni, I. p. 442. It should be again to Prato in consequence of observed that thrice in the course of the revolt from Florence in 1495. the fifteenth century the University Fabroni, I. p. 86 sq. FLORENCE. 47 versity of a City which occupies so high a place in the history CHAP. VI, of Italian culture as Florence. While in most of the chief —ill Towns of North Italy we find Law-teachers salaried by the Commune throughout the thirteenth century, at Flo rence we find no trace of salaried Professors even in Grammar, Arts, and Medicine before 1320. In the following year, when Bologna was under interdict in consequence of the Revolution under Taddeo Pepoli, an attempt was made to establish a Law- school and to ob tain the privileges of a Studium Generale. The main Attempts body of the seceders from Bologna had established them- g^og^ selves at Imola. Thither in the accustomed Italian manner seceders envoys were despatched by Florence to bribe away the discontented Professors and their scholars with liberal offers of salaries, privileges, and full respect for the Rectorial jurisdiction \ Unfortunately the envoys of the Republic arrived too late. The most distinguished Professors had already entered into a contract with Siena, and the bulk of the students followed them thither2. Other Professors were secured and Law-lectures established at Florence ; but no further steps were taken for another generation to procure a Papal Bull3. The Studium Generale was not actually estab- Founda- lished till 1349, when the idea was revived, partly no doubt by jealousy of Pisa, and partly (as was alleged) by a desire to repair the deficiency of population due to the great plague of the preceding year. Clement VI granted the customary Bull for all Faculties 4. But the same ill-luck which had attended the Republic at Imola in 1322 seems to have pursued all its subsequent efforts to make Florence a lead ing University. Neither pains nor money were spared. An annual sum of 2500 florins was set aside for the expenses of the Studium5. Conservators were appointed, and distin- 1 Statuti, pp. 107 in. tion of the Studium we learn that the 2 See above, p. 29. salaries were suspended on account 3 Denifle, I. 554-9. of the expense to the Commune, * Statuti, p. 116: Matteo Villani, but they were resumed in 1357, Chron. I. cap. 8(ed. Moutier, Firenze, Villani, Chron. VII. 90 (III. p. 325). 1825, 1. p. 15). Soon after the founda- 5 Statuti, p. 113. 48 THE ITALIAN UNIVERSITIES. CHAP. VI, guished Professors were at times secured, but they would § tI>4'. not stay. At one time Perugia robbed it of Baldus1 ; at another Bologna enticed away Angelus of Perugia, even before the completion of the two years during which he was bound by oath to lecture at Florence 2. Her own illustrious citizen Petrarch resisted all the importunities by which Florence tried to entice him away from his canonry at Padua3. Like other Republics, too, Florence imitated the bad example set by the despot Frederick II, and forbade its citizens to study elsewhere than in their own University 4. Like Siena, Florence also obtained a Privilege from Charles IV in 1364 5, and in 1429 a ' domus sapientiae' for poor scholars was established6. Soon afterwards Martin V sanctioned a tax on ecclesiastical property for the benefit of the Studium 7. All these measures failed of more than a very moderate degree of success. The University never attained the position among the Studia of Europe which the rank of Florence among Italian cities might have been expected to secure for it. After the middle of the fifteenth century the Law School seems to have died out altogether 8. For many years together only a few Grammar Superseded Masters received salaries from the Republic. At length in 1472. r4723 under the guidance of Lorenzo dei Medici, the expe riment was abandoned, and the separate existence of the University merged in that of the more successful and prosperous Pisa, which was now placed under the govern ment of a board of Florentine officials9. The resolution of the Signory suggests at least one reason 10 for the failure Statuti, p. 302. ib p. 78. In 1350 Florence had Ib. p. 356 sq. appointed for its own Studium : Ib. pp. 283, 285, 306, 309. ' Octo prudentes viros cives floren- Ib. p. 115. tinos, populares et guelfos.' Statuti, Ib. p. 139. p. 123. Ib. pp. 210, 215, 221 sq. 10 Fabroni, I. p. 409: Statuti, p. Ib. p. 218. 273. It also remarks that the delights 8 Ib. p. 260 sq. There are only and attractions of the city proved one or two isolated elections of Law unfavourable to study. This would Professors after 1450. be likely to be especially the 9 Fabroni, I. pp. 411, 440. We case with the sons of Florentine also hear of a Florentine Provisor, citizens. FLORENCE. 49 of the University — the scarcity and dearness of houses. CHAP. VI, It was the very wealth and commercial prosperity of the !/«!L City which proved fatal to the Studium. Of course such a consideration would not have prevented students from coming to Florence had its University ever achieved any extraordinary academic prestige. But when hotels were cheap and abundant at Bologna and Padua, what induce ment was there to students to desert those ancient and famous schools for a dearer residence in the unhistorical Florentine University? On the other hand at Pisa, as the document goes on to recite, the declining prosperity of the place and the departure of its wealthiest inhabitants, had left an abundance of good houses empty. This is not the only instance in which we find the endowment of the University promoted as a means of resuscitating a decay ing City. In the old, traditional, professional studies of the medi- The Uni- eval world the University of Florence occupied but tv^sj!^and a secondary position. The plan of this work prevents us naissance. from dwelling upon the place of Florence in the history of the Renaissance. It must suffice to record the bare facts that its University was the first to establish a Chair of Poetry with the especial object of providing lectures upon Dante, and that the first occupant of that Chair was the illustrious Boccaccio (1373-4) 1. Florence was also the first University in Europe to provide a Professorship of Greek. In 1360 Leontius Pilatus lectured in Florence upon Homer2, and in 1396 Manuel Chrysoloras was elected to a Chair of Greek at a salary of 100 or (according to one document) 150 florins, soon afterwards raised to 250 florins, a sum far exceeding any salary then paid to a Doctor of Law or Medi cine in the same University3. In 1404 we seem to trace a sort of anticipatory breath of the Savonarola spirit in the election of the preacher and Humanist John Dominic of Florence to a lecture on the Epistles of S. Paul. It is 1 Statuti, pp. 161, 345. a salary in the documents. 2 Prezziner, p. 16; but there is no 3 Statulij pp. 365, 370. Cf. p. 376. trace of any regular appointment to VOL. II. E 50 THE ITALIAN UNIVERSITIES. CHAP. VI, probable that this Friar was no mere scholastic Biblicus, but I_ill one who would have sought to interpret the real thought of S. Paul to his generation. It is not surprising, therefore, to learn that his superiors prevented his accepting the offer T. Many other names of great eminence in the his tory of Humanism occur among the Professors of the Medicean period, but the University as such played a smaller part in the humanistic movement than might naturally have been expected. Universities, at least in Italy, were above all things places of professional study, and their Professors were long the enemies of Humanism. The connexion of some of its representatives with the Univer sity of Florence was thus little more than an accident of its history, and just at the brightest period of Florentine literary history, the University disappeared from Florence altogether. Increase of The Statutes of Pisa and Florence2 supply us with good control. illustrations of the increasing tendency during the four teenth and fifteenth centuries to place the Universities more and more completely under the control of State boards of Rejormatores or Officiales. The change was indeed a corollary of the system of State-paid Salaria. The autonomy of the students was originally founded upon the power of the purse. When that power passed to the State, the real control of the Studium passed with it. The Rector, elected by the students from their own body, is still the superior of the Professors : but the Professors are now more and more relieved from their humiliating depen dence on the students by the subjection of both to the State authorities. At Bologna, as we have seen, a com mittee of students watched over the conduct of Professors, and reported to the Rector3. At Pisa the Bedels are 1 Statuti, p. 380. Cf. Echard, 55. Fiorent. p. 34. Yet earlier (1366) Ord. Praed. I. p. 864. we find the Officiales secretly taking 2 The Statutes of Florence are evidence from the scholars as to largely copied from those of Bologna. whether the Doctors observe the 3 See above, vol. I. p. 199. So as regulations of the ' Priores et Vexilli- late as 1387 at Florence. Stat. feri justitie et Collegia,' ib. p. 153. versities into one. FLORENCE. 5 , entrusted with the duty of noting the attendance and CHAP. VI punctuality of Professors, and they report not to the Rector 14141 but to the Officiates^. Even where the old system con tinues, the choice of Professors everywhere passed practi cally if not theoretically to the State2. Another constitutional change of great importance may Fusion of be traced in the Statutes of the fifteenth-century Italian *" Universities. Originally each Universitas was a perfectly i separate and independent guild. At a very early period, however, the four Universitates of Jurists at Bologna, Padua, and elsewhere were reduced to two, and these two became practically amalgamated into one Society under the joint headship of two Rectors. We have already noticed the difficulty which was experienced, as Univer sities multiplied and the number of rich students at each was proportionately diminished, of finding a sufficient number of residents able and willing to take the Rectorship. The fifteenth century Statutes are full of provisions for compelling unwilling candidates to fulfil the office. At Florence, for instance, the Rector-elect is required to give security that he will not leave the town before the expira tion of his year of office. In the event of refusal, military force is to be invoked and the recusant committed to prison 3. It thus becomes easy to understand the tendency to limit the number of Rectors. Consequently we find that the Ultramontane and Citramontane Rectorships have nearly everywhere been fused into one by the end of the fifteenth century, while frequently, as at Pisa and Florence, there is but one Rector of the whole Studium4. This change, facilitated no doubt by the increasing subordination of all the Univer- 1 Fabroni, I. p. 448. Studii.' There were, however, still 2 Stat. Fiorent. p. 50 : ' Quorum some minor Lectureships left to the omnium Doctorum et magistrorum students, ib. p. 51. electionem, pro meliori et maiori 3 'Alioquin Rector antiquus manu Universitatis nostre commodo et militari compellat, et aliis quibus- honore, in totum decernimus relin- cumque remediis,siopusfuerit,carce- quendam et relinquimus in manibus ribusmancipando.' Stat. Fiorent. p. 15. et prudentia . . . dominorum Officia- * Stat. Fiorent. p. 14 ; Fabroni, I. Hum et Gubernatorum huius almi pp. 93, 440. 52 THE ITALIAN UNIVERSITIES. CHAP. VI, sities to the State, tended to bring the Studia more into con- 1^1 formity with the Parisian pattern. The separate Colleges of Doctors and the separate Universities of students were alike transformed into mere Faculties of a single University. University Another consequence of the altered relation of the Uni- Bnildings. versjtjes to tjie state was the erection of magnificent University buildings or the dedication to University pur poses of some palace or public building already existing. We have seen how in the earliest days of Bologna the Schools were mere private rooms hired by the Professors and paid for by a collecta from his students. For Congre gations or great public functions a Convent or Church was borrowed. As the expenses of the Studium came to be more and more transferred from the students to the State, the rent came to be paid by the City governments : but still the buildings were as a rule merely hired. At times more dignified lecture-rooms were obtained by renting rooms in a Convent. This was at one time the case for instance at Ferrara and at Pisa1. But at the end of the fifteenth century we find a tendency to establish the University —all Faculties together — in a handsome building. The University had come to be looked _upon as a State in stitution : it was fitting that it should be as well housed as the Municipality itself. Thus at Pisa the Corn-Exchange was turned into a great University building by Lorenzo dei Medici in 1492. And in the course of the following century a similar transformation took place in all the Italian Universities, and to some extent in the Transalpine Uni versities also. At Pisa the same building accommodated a College or Sapienza for poor students, founded by Lorenzo dei Medici 2. 1 Fabrucci, Raccolta^. XXI. p. 26. 2 Fabroni, I. pp. 63-8. PA vi A. 53 § 15. PAVIA (1361). GATTI, Gymnasii Tidnensis historia et vindicice a scec. v usque ad finem xv, CHAP. VI. (Mediolani, 1704), the character of which is sufficiently indicated by the § 15- title. SANGIORGIO, Cenni storici sulk due Universita di Pavia e di Milano. Milano, 1831. VOLTA, Dei Gradi academici conferiti nello ' Studio Generale'' di Pavia sotto il dominio Viscontco in Archivio Storico Lombardo, Ser. ii. 1890, p. 517 sq. is a valuable article. The Memorie e document! per la storia delT Universita di Pavia (Pavia, 1878, 1877), contain a large collection of mostly very modern documents (with biographies of Professors), but add little to the medieval materials. No Statutes appear to be extant. Pavia was famous as a School of Law even before the Ancient first dawn of the scholastic reputation of Bologna 1, but all Lcax°° trace of these early Schools is lost before the twelfth cen tury, and there is no continuity between them and the Schools which eventually developed into a University. The revival of a Law-school at Pavia by the Commune seems to date from the beginning of the fourteenth century, when Johannes Andreae includes it with Bologna, Padua, and Perugia, as among the most famous Schools in Italy2. Its erection into a Studium Generale (with the privileges Founda- of Paris, Bologna, Oxford, Orleans, and Montpellier) was {jri obtained from Charles IV in 1361 by its tyrant Galeazzo Visconti II '6 ; and in 1389 a similar Foundation-bull was granted by Boniface IX (which entirely ignores the pre vious Imperial Bull), and another conferring the privilege of dispensation from residence 4. There was a University of Medicine and Arts as well as of Law : and Pavia for a time took a respectable place among Italian Studia. We have seen that in 1398 a University was established at 1 See above, vol. I. p. 106 sq. the case of some other of his emen- 2 < Studia Italic facundissimis et dations of Denifle's list : but a flour- clarissimis doctoribus floruerunt, ishing Studium was not necessarily nam hoc Bononiense Studium tune general. habuit Ja. Butrigarium in legibus 3 Gatti, p. 129: Sangiorgio, p. 40 : . . . etiam alia studia sc. Paduanum, Memorie, pt. ii. p. 2. Papien. et Perusinum facundissimis * Gatti, p. 139 : Mcmorie, pt. ii. pp. doctoribus claruerunt.' (Ap. Denifle, 4,6. As to the project for trans- I p. 577.) Kaufmann (I. p 387) ferring the Studium to Piacenza in makes Pavia a Studium Generale 1398. see above, pp. 36,37. The Edict at this time (i.e. before 1348) with is given in Gatti, p. 138, but can somewhat better reason than in hardly have been executed. 54 THE ITALIAN UNIVERSITIES. CHAP. VI, Piacenza, and the University of Pavia formally transferred — il' to that city. The actual effect of this measure was Vicissi- apparently to reduce the University at Pavia to a very low ebb, but not to entirely extinguish it except during part of the years 1400 and 1401, when the Doctors of Pavia seem to have transferred themselves to Piacenza l. After the death of Gian Galeazzo in 1402, when the prosperity if not the existence of the University at Piacenza came to an end, a University again becomes traceable at Pavia, but it again sank to a very low ebb in consequence of the political confusion which followed the break-up of Gian Galeazzo's dominions 2. It had no doubt practically ceased to exist by 1412, when its restoration was undertaken by Filippo Maria Visconti, who in that year succeeded to the Duchy of Milan in addition to his County of Pavia. It is not, however, till about 1421 that the graduations seem to have become numerous or the University to have entered upon a period of permanent prosperity 3. The edict which Galeazzo Visconti had published in I36i4, for bidding his subjects to study elsewhere than at Pavia, was renewed. Pavia became the University Town of the Milanese, as Pisa had become the University Town of Florence, and Padua of Venice. But the students of Pavia were by no means exclusively drawn from the immediate neighbourhood. German students still retained the habit of studying in Italy, and Pavia is especially mentioned with the more famous Padua as a University which they frequented 5. Here, as at Pisa and elsewhere, commercial and political decline contributed, by emptying the good houses of the town, to secure academical success 6. 1 Memorie, pt. i. p. 6 sq. : Volta, Memorie, pt. ii. p. 3 (Renewed in p. 545. See above, pp. 4, 35. 1392. Ib. p. 8). 2 Denifle VI- p. 581) declares that 5 JEn. Sylvius, Ep. 40 (Opp. Basi- the University at Pavia ceased to leae, 1571, p. 526^. exist in 1404, but the list of Rectors 6 ' Nam ipsa civitas et domus sunt in Memorie, pt. i. p. 7, is continued plerumque vacuae et inhabitatse, et till 1409. mercatum de pensionibus domorum * Memorie, pt. ii. p. 9 sq. : Volta, habemus pro libito.' Petrus Azario, P- 555 S1- Chron. p. 291, ap. Sangiorgio, 4 Gatti, p. 134: Sangiorgio, p. 42 : p. 41. FERRARA. 55 § 16. FERRARA (1391). BORSETTI, Historia Ferrarice Gymnasii, Ferrariae, 1735 ; GUARINI, Ad Fen: CHAP. VI. Gymn. Hist, per Borsettum conscriptam Supplemcntum, etc, Bononiae, 1740, „' 1741. Guarini corrects many of Borsetti's uncritical assumptions. There is an ineffectual Defensio by Borsetti (Venetiis, 1742). The Statutes of the University of Arts and Medicine are printed by Borsetti, I. p. 364. EFISIO, Notizie Storiche sulle Universita degli Studi in Ferrara, Ferrara, 1873, is a very slight affair. There were Schools in all Faculties except Theology Fonnda- at Ferrara at least from about the middle of the thirteenth tl( century, but the Studium did not become general till 1391. In that year the Marquis Albert of Este took the opportunity offered by a state visit to Boniface IX, as whose Vicar he nominally ruled, on occasion of the Papal Jubilee, to ask for the privileges of a Studium Generale in all Faculties. A Bull was accordingly granted 1 conferring the privileges of Bologna and Paris. The burden of the salaries, however, proved too heavy for the resources of the Town : which three years later petitioned the Marquis to release it from the obligation2. Another unsuccessful attempt was made to renew the Studium in 1402 3 : but the real resurrection of the University does not begin till 1430, Revival when the movement for a restoration of the University ln originated with the city government. A contract was entered into with the Humanist John de Finotis, then teaching at Bologna, to transfer himself and his pupils to Ferrara4, and in 1431 the still more famous Guarinus of Verona was hired ; and after the more elaborate Reforma tion of 1442 5 the University rapidly became a flourishing Studium, though its celebrity was not of the highest 1 Borsetti, I. p 18. The story of Frederick III in person conferred the earlier foundation or transfer- the Doctorate and its insignia upon a ence of the University of Bologna to student at Ferrara. Borsetti, I. p. 77. Ferrara, accepted by Borsetti, rests ' Jacobus de Delayto in Muratori, upon no authority. See Guarini, Rer. Ital. SS. XVIII. 909. I. p. 13. As an illustration of the • Ib. p. 973. Denifle, I. 3235?. received notion as to the Imperial * Borsetti, I. p. 29 sq. prerogative, it is noticeable that 5 Borsetti, I. 47 sq. THE ITALIAN UNIVERSITIES. reputation Govern ment. CHAP. VI, kind. It had the reputation of a place where degrees could /)7' be had cheaply. Indeed, by the sixteenth century it had Equivocal acquired the sobriquet of ' the refuge of the destitute V In 1474 there were no less than twenty-three salaried Professors in the Faculty of Law, and twenty-nine in that of Philosophy and Medicine2. A body of Reformatores— appointed partly by the Duke, partly by the Munici pality — was entrusted with the general government of the Studium, including that most important function of academical government, the appointment of Professors 3 and the contracts for their salaries. But the constitution closely follows that of Bologna, and the student-ascendancy is fully maintained. The Rectors possess jurisdiction in all civil suits of students, and in minor criminal cases where a scholar was defendant4. Among the distinguished Pro fessors of Ferrara in the fifteenth century were the Humanist Agricola and the Theologian Cochlaeus 5 : among its most distinguished students the poet Ariosto 6. Founda tion. § 17. TURIN (1405). PiNGONius, Augusta Taurinoruwi, Taurini, 1577. SAULI, Sulla con- dizione degli Studi nella Monarchia di Savoia in Mcmorie delta R. Academia delle Scienze di Torino, Ser. ii. T. VI, (1844), p. 152 sq. VALLAURI, Storia delle Universita degli Studi del Ptemonte, Torino, 1845, 1846. Cenni storici sulla R. Universita di Torino, Roma, 1873. Of these works Vallauri's is the most important. Some documents are printed in Monumenta Histories Patrice (Leg. Mun.) T. I, Aug. Taurin., 1838. The University of Turin was founded in 1405 by Louis of Savoy, Count of Piedmont and Prince of Achaia, with a Bull from Benedict XIII7. The Bull recites that the 1 See above, vol. I. p. 228, n i. - Borsetti, I. p. 93. 3 Borsetti, I. pp. 90, 115. 4 Borsetti, I. p. 406 sq. In more serious cases the Rector was to ask that a scholar should be amenable to the jurisdiction of the Duke in person and of him only. The Rector is to aid the defendant in his defence, and a scholar may not be tortured or ' in persona puniri ' without his consent. 5 Borsetti, I. p. 57. The Statutes of the College of Theologians, though placed by Borsetti in the seven teenth century (/. c. p. 62), are inter esting : it is worthy of note that the College claims precedence for its Dean above the Rectors. Guarini, however, gives the date 1467. (I. 23.) 6 Borsetti, I. p. 130. 7 Vallauri, I. 242. TURIN. 57 reason of the foundation was the war which was then CHAP, vi, devastating Lombardy and silencing its Universities — that 1/Jl is to say, the war which followed the partial break-up of the Visconti tyranny upon the death of Gian Galeazzo in 1402. From these troubles Turin was free, and in that City the unemployed Professors of Pavia and Piacenza were glad to take refuge. The University obtained a further charter from the Emperor Sigismund (in which Theology was included) in 141 2 1, and another in the following year from John XXIII 2, who had by that time been recognized in Piedmont. After the death of the Founder in 1418 the University Transfer- languished 3. It was restored by Amadeo VIII in c£eri°in 1424 4, but in 1421 it appears to have been de facto M2I> transferred to Chieri, though it was not till 1427, when all efforts to ' reform ' the Studium in Turin had failed 4, that the Duke's formal assent to the change was obtained5. At Chieri the University remained till 1434, when the Com mune became unable or unwilling to pay the stipendia with which they had been saddled by the Duke. Accordingly the Studium was again moved to Savigliano till 1436, and thence when it returned finally to Turin 6. Upon its return it ^^~ received a new Charter from the Regent Louis, in the r434- name of the reigning Duke Amadeo VIII, in which it is ^™ to provided that the Town shall pay an annual grant of 500 florins towards the expenses of the Studium, to be defrayed by a bridge- toll, while the Duke promised 2000 florins to be raised by a salt-tax. The University was placed under 1 Vallauri, I. 243. further dispute between the two 2 Vallauri, I. 258. sities, the Duke in 1429 gave a final 3 Sauli, p. 154; Vallauri, I. 52 sq. decision for Chieri. (Ib. p. 269.) In 1421 the clergy who had been 6 Vallauri, I. pp. 68 sq., 275 sq. taxed for the support of the Studium The move to Savigliano is usually petitioned to be released from the ascribed to the plague having reached burden as a Studium no longer Chieri, but Vallauri points out that existed at Turin (Vallauri, I. p. 259) : this was not till 1435, while the while the Commune of Chieri voted migration took place in 1434. A new salaries. (Ib. p. 57.) Bull was granted by Eugenius IV 4 Vallauri, I. 251 : Mon. Hist. Pat. in 1438. and another by Felix V in (Leg. Mun.) I. c. 478. 1441. Ib. pp. 304, 305. 5 Vallauri, I. 261 sq. After much 58 THE ITALIAN UNIVERSITIES. CHAP, vi, a body of Reformatores named by the Duke. There were i^8! to be at least two Canonists, four Doctors of Civil Law, one of Law and Medicine combined, and one of Theology1. A Collegio Grassi or Sapienza for poor scholars was founded in 1457 2, and another College by Sixtus IV in 1482 3. Turin was never during our period one of the leading Italian Universities, but many Jurists of consider able repute taught in it, and its reputation steadily increased during the latter half of the fifteenth century 4. § 18. CATANIA (1444)- AMICO, Catana illustrata, Pt. ii. Catanse, 1741, p. 302 sq. : CORDARO CLA- RENZA, Osservazione sopra la Storia di Catania, Catania, 1833, p. 202 sq. : AMARI, Sul diritto che ha I" Archiginnasio di Catania di essere reconoscinto Universita di prima classe. Ed. 2, Catania, 1867. Founda- In 1434 a petition was presented to Alfonso the Mag nificent, King of Aragon and Sicily, on behalf of the Senate of Catania by the Catanian Jurist Pietro Rizzari, asking for a Studium Generale in his native town. The petition was eventually granted, and in 1444 a Bull for its erection was obtained from Eugenius IV5. The Bull is in a rather unusual form. It gives the citizens of Catania power to found a Studium Generale in all Facul ties (with the peculiar addition ' and other liberal Arts, as well Greek as Latin '), on the model of Bologna, and confers upon it the privileges belonging to Studia Generalia 'by common law.' The clause relating to Greek letters is probably due to the survival of the Greek rite and language in Sicily and to the attempted fusion of East and West by the recent Council of Florence, rather than to any Renaissance ideas. There is no express grant of the jus ubique docendi. The Bull was immediately published with Endow- a royal edict actually establishing the Studium. The King 1 Vallauri I. p. 289 s#. 5 Catana illustrata, p. 304. Cordaro 2 Vallauri, I. p. 318. Clarenza and Amico seem disposed 3 Vallauri I. p. 325. to connect the University with the * Erasmus took his D.D. herein ancient School founded by Charondas 1506. Sauli, p. 166. and ' illustrated ' by Stesichorus ! CATANIA. 59 made a grant of 1500 ducats out of a local tax towards CHAP, vi, the cost of the Studium ; but the main part of the Li_l expense was borne by the City, in whom the whole govern ment of the Studium was vested by the Papal Bull1. The Bull also speaks of the intention of the Municipality to found a College or Colleges for poor Students. There seems to be no reason to believe that this last part Subsequent of the plan was ever carried out. But there can be no doubt that the University came into actual existence, with Rizzari as one of its Professors 2, and its continued life is attested by confirmations of privileges in 1458 and 1494 3. In 1515 a Royal edict speaks of the 'tenuity of salary, and penury,' and consequent incompetence of the Professors at Catania, and decrees that the Studium shall be ' reformed ' and the salaries paid in full, ' as they used to be of old time to capable and sufficient persons, and that lectures shall be read as they used to be V Summing up the results of our survey of the Italian Summary Universities, we shall find it possible to point out their characteristics with more definiteness and precision than will be the case with the Universities of any other country. (j) If the early-extinguished Arezzo and the wholly eccentric or abnormal Universities of Naples and of the Roman Court are put aside, they are all modelled on a single type. That type is of course the University of Bologna. In Italy alone do we find the University of 'foreign' students in its pure and unqualified form5. In most cases the extant Statutes are more or less closely copied - 1 Caiana illustrata, p. 313 sq. Siculi in aliis mundi partibus studiis 2 Cordaro Clarenza, III. p. 204. vacarecompellantur,' which no doubt 3 Amari, p. 16, who refers to supplied one motive for the multipli- Coco, Leges a Ferdinando latce &c. f. x. cation of Universities elsewhere. 4 Catana Hiustrata, pp. 362, 363. 5 Even in the most democratic The edict begins with the pre- Spanish Universities the power of amble ' Cum npn paucae pecuniarum the Chancellor constitutes a dif- summae a Regno extrahantur, quod ference. 6o THE ITALIAN UNIVERSITIES. CHAP, vi, (often to a large extent verbatim) from those of Bologna ; —«.«_! and, where the Statutes are not preserved, the same in debtedness may safely be inferred. (2) The second most conspicuous characteristic of this group of Universities is their municipal character. Wherever their origin is distinctly traceable, all except Bologna are found to be due to the initiative of the City or its ruler, whether acting independently or in concert with a body of seceders from Bologna or one of its elder daughters : while, at least from the end of the thirteenth century, the Professors are largely supported by the Municipality, and are increasingly subject to civic control and supervision. Though in later times the policy of the free Cities was often imitated by a tyrant, the Italian University system may be said to be the outgrowth of civic life. The Neapolitan and Roman Universities are of course exceptions, but they form no exception to, and may even have contributed to promote, the close connexion of the Universities in Italy with the State. (3) The third most important characteristic of the Italian , Universities — though this is a less distinctive feature than the two last — is the prominence of legal studies, to which may be added the hardly less important fact that the second place in the University was everywhere occupied by Medicine, to which the study of Arts was completely subordinate, while Theology at first stands altogether apart from University organization, and afterwards enters into but a slight and formal connexion therewith. The Italian Universities ' were primarily the homes of Law and of Physical Science. (4) All the three peculiarities above-mentioned were connected with a fourth — the comparatively unecclesiastical character of the Italian Universities. Except of course the University of the Court of Rome, they were under no further ecclesiastical control than was implied in the Papal Bull of erection and in the (wholly formal) conferment of the Licence by the Archdeacon or the Bishop. Where (chiefly during their earlier history) we find Papal interference with THE ITALIAN UNIVERSITIES. 61 their internal affairs, the interference is rather political than CHAP, vi, strictly ecclesiastical. In his relations with the Italian Uni- _i_ versities the Pope acts rather as one of the rival claimants to Italian Sovereignty than as the head of the ecclesiastical order : and here, as in other spheres of Italian life, the prominence of the Papacy in Italy dwarfs the importance of lesser ecclesiastical authorities 1. In the next chapter I shall proceed to consider the group of Universities which on the whole exhibits the closest approximation to the Italian type — the Universities of the Spanish Peninsula. 1 What distinctly ecclesiastical over all Guilds and the oaths by interference there is arises from the which they were constituted, jurisdiction exercised by the Church THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAPTER VII. THE UNIVERSITIES OF SPAIN AND PORTUGAL. The account of the Spanish Universities in SCHOTTUS, Hispanice Bibliotheca seu de Academiis ac Bibliotheds (Francofurti, 1608, 1. p. 28 sg.~), contains very little history ; and ZARATE, De la instruction publica en Espana (Madrid, 1855), is almost equally useless. DE LA FUENTE, Historia des las universidades, co- legios y demas establecimientos de ensenanza en Espana (Madrid, 1884-9), contains valuable documents, and forms (with the most important original researches of Denifle) my chief authority for many of the Universities. § 1. PALENCIA (1212-1214). The most important authority is D. RAFAEL DE FLORANES, Origen de los estudios de Castilla, especialmente los de Valladolid, Palentia y Salamanca, Ano 1793, ap. Coleccion de Documentos ineditos para la Historia de Espana , T. XX. (Madrid, 1852), to which de la Fuente (I. pp. 76-84) adds nothing. CLODULFO PELEAR ONTIZ, La Historia de Palentia y la Universidad Palentina v Palencia, 1881) is a popular sketch. THE earliest University which can in any sense be said CHAP. VII, to have been founded at a definite time by an act of §>t*' sovereign power, is the University of Palencia in Old Castile. The founder was King Alfonso VIII x of Castile, and the date 1212-1214. We must, however, be careful not to 1 ' Rex Adefonsus evocavit magis- pendia est largitus ' (Rodericus Tole- tros theologicos, et aliarum artium tanus, ib. T. II. p. 128; text corrected liberalium, et Palentise scholas con- by Denifle, I. p. 474). Tello did not stituit procurante reverendissimo et become Bishop till 1212, so that the nobilissimo viro Tellione eiusdem traditional date, 1200, preserved by civitatis Episcopo.' Lucas Tudensis an inscription in the University (fi249) ap. Hispania Illustrata, ed. building at Salamanca, is demon- Schottus, T. IV. (Francofurti, 1608), strably false. Cf. Denifle, I. p. 474. p. 109. ' Sapientes e Gallia et Italia The hypothesis of a much earlier convocavit, ut sapientie disciplina origin of the school of Palencia, a regno suo nunquam abesset, et adopted by Floranes, &c., is founded magistros omnium facultatum Palen- on a false reading, tie congregavit, quibus et magna sti- VOL. II. F 66 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, exaggerate the difference between the mode in which the Jjl University arose at Palencia, and the mode in which the earlier, spontaneously developed Universities came into being. On the one hand there was already an old Episcopal School here of considerable importance, presided over by the Magister Scholarum of the Cathedral. S. Dominic studied both Arts and Theology at Palencia about the year H841. On the other hand, no formal deed of foundation was issued by Alfonso or procured from the Pope. Alfonso's part in the foundation consisted in the invitation of Masters from more famous Schools, no doubt from Paris and Bologna, to come to Palencia and teach for salaries. Alfonso has, indeed, a better claim to be considered the first founder of endowed Professorships than the first founder of a University ; and the credit for the suggestion of this original step is due to his Councillor, Tello, Bishop of Palencia. As yet the idea that a Charter from Pope or King was necessary to originate a University, and the idea that such a Charter could artificially impart some at least of the prestige of a Paris or Bologna Mastership to the graduates of a less distinguished School, were alike undeveloped. Indeed it is not clear that any change took place in the constitution or organization of the old Cathedral School, in consequence of this enlargement of the scope of its instruction. It is probable that the new Masters would introduce the custom of Inception and the institution of a magisterial Guild which had by this time fairly taken root at Paris, if such an insti tution had not spontaneously developed itself at Palencia ; but on this point we have no evidence. We have no evidence, again, as to whether Palencia degrees at this early period actually obtained any sort of ecumenical recognition : but on the whole it is clear that the Studium 1 ' Missus Palentiam, ut ibi liberali- T. I. p. 542 ; Echard, SS. Ord. Prcedi- bus informaretur scientiis, quarum catorunt, I. p. 3. Another thirteenth- studium eo tempore vigebat ibidem ; century life of the Saint says ex- postquam . . . eas, ut sibi videbatur, pressly, 'Palentiam, ubi tune tem- satis edidicit, relictis iis studiis ... ad poris studium generale florebat ' theologiae studium convolavit.' Vita (A. SS. Aug. T. I. p. 388; Echard, auctore B. Jordano, A. SS. Aug. I. p. 26). PALENCIA. 67 erected or designed by Alfonso VIII was meant to embody CHAP.VII, the vague ideas then expressed by the term Studium §J- Generale1. The teaching was teaching of the kind imparted at Paris, Bologna, and Oxford, and it was intended to attract students from all parts. It appears that Masters of Theology, Canon Law, Logic Revivals and Grammar2 actually began teaching at Palencia ; and ^tion- that is the only sense in which the University can be said to date from 1212-1214. For in the last-mentioned year the Founder died : and the execution of his design was suspended till the accession of Ferdinand III. In 1 220 that monarch asked and obtained from Honorius III leave to use for the payment of Masters a fourth part of that third of the ecclesiastical property in the diocese which was in Spain assigned to the maintenance of the fabrics3. At the same time the Pope solemnly took the Masters and scholars of Palencia under his protection ; but nothing that can be properly called a Bull of foundation was issued, nor was any special privilege conferred on Masters licensed at Palencia over and above what would then have been enjoyed by Masters licensed in any other Cathedral-school. The first privilege, as distinct from endowment, conferred upon the Masters was derived not, as was usual in later times, from the Holy See, but from the Synod of Valladolid, which in 1228 enacted that teachers and scholars of Theology at Palencia might claim a dispensation from residence for five years 4. The brief history of the University of Palencia is, like Extinction, that of so many of the early Italian Studia, a mere succession c' I25°' of extinctions and revivals. It still existed in 12435. By 1 Denifle calls Palencia the first p. 475. Cf. below, p. 138, n. 4. University in Spain, and groups it 3 See Reg. Hon. III. ed. Pressuti, among the \ Hochschulen mit kaiserl. No. 3192, and the Bulls cited by oderkonigl. Stiftbriefen.' Intheab- Denifle, I. p. 475. The concession sence of further evidence than he has was granted for five years and re produced, this seems to me to require newed in 1225. Denifle, I. p. 476. the qualification indicated above. * Espana Sagrada, XXXVI. 216. 2 The Grammarian is styled an 5 Rodericus Toletanus, ap. Hisp. Auctorista. Doc. ap. Denifle, I. illust. T. II. p. 128. F 2 68 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP, vil, 1263 it had disappeared, and a petition was presented to *J- the Pope asking for its revival and the bestowal of the privileges of Paris. A favourable reply was received from Urban IV1, but it is not known whether any actual steps were taken towards its resuscitation. At all events it had ceased to exist before the end of the century. Two causes contributed to the failure. I shall frequently have occasion to remark that new and artificially created Universities never prospered without endowments of some kind or other, direct or indirect. Palencia was, indeed, endowed with a share in ecclesiastical tithes: but it appears that a tithe-war was raging in Castile at about the time when the University was breathing its last gasp. There can be little doubt that its extinction was in part due to the non payment of the tithes, in part to the competition of more formidable and more favoured rivals, the Studium Generale of Salamanca, and the privileged though not yet strictly 'general' Studium of Valladolid. At the revival of Palencia in J220 its second founder Ferdinand III was King of Castile only: but, after the final reunion of the crowns of Castile and Leon in 1230, the King's favour was at least shared by the Leonese University of Salamanca : while ValladolioV actually lay in the diocese of Palencia. Consti- As to the constitution of the University which thus tntion. expired there is little information to be had : but from the connexion in which it stood to the Cathedral School, from the prominent place of Theology among its studies, and from the fact that its original Masters were brought from France as well as from Italy, we may infer that the con stitution of the University, so far as a University in the strict sense developed itself at all2, would have been at least partially influenced by the Parisian model. In the later 1 Doc. ap. Colecrion, &c. p. 204 ; 2 The notion that the University Chartul. Univ. Paris. I. pt. i. No. 389. of Palencia was transferred to This is, it would appear, the earliest Salamanca is inconsistent with document in which Palencia is ex- the dates, and seems to have arisen pressly called a Studium Generale: later from a desire to increase « Erat enim in Palentina civitate, . ". . the antiquity of the last-mentioned Scientiarum Studium generale,' &c. School. SALAMANCA. 69 Universities of Spain the constitution may be described as CHAP. VII mixed ; but on the whole they belong to the Bolognese _§Jl group rather than to the Parisian. § 2. SALAMANCA (ante 1230). The chief source of later accounts is CHACON, Historia de la Universidad de Salamanca (written in 1569), in the Semanario Erudito (ed. Valladares de Sotomayor), T. XVIII. (Madrid, 1788). The Memoria Historica de la Uni versidad de Salamanca, by VIDAL Y DIAZ (Salamanca, 1869), is a more elaborate history : DAVILA, Resena historica de la Univ. de Salamanca (Sala manca, 1849), a short semi-official summary. Cf. also MENDO, De Jure Academico (Lugd. 1668), Lib. i. qu. 7, p. 24 ; GONZALEZ DE AVILA, Teatro ecclesidstico de las igles. d. Castillas, T. III. (Madrid, 1650), p. 264; DE LA FUENTE, Hist, cedes, de Espana, 2 ed. IV. 232. DONCEL Y ORDAZ, La Uiiiver- sidad de Salamanca en el tribunal de la historia (Salamanca, 1858), is a vindication of the University against the reflections of Washington Irving and others as to its treatment of Columbus. MIDDENDORPIUS, Acad. celebrium libri VIII, p. 423 sq. gives a detailed account of the state of the University at the beginning of the seventeenth century; and some account of its present condition may be found in GRAUX, L Un. de Sala- manque, in Notices bibliographiques, &c. (Paris, 1884), p. 317 sq. The most valuable authority is, however, the collection of documents (including the" Statutes of 1411) published by DENIFLE (Urkunden zur Gesch. d. mittelalt. Universitdten) in the Archiv fur Literatur- und Kirchengeschichte des Mittelalters, V. (1889), p. 167 sq. See also authorities for Palencia, above, P- 65. The Universities of Spain were essentially Royal crea tions : and in this respect they stand alone among the Univer sities founded before the middle of the fourteenth century. In the same sense in which Palencia was founded by Alfonso VIII of Castile. Salamanca was founded by Al fonso IX of Leon, at some date before his death in I23O1 : Founded but there is no reason to assume that a foundation-charter ^^j ever existed. Like the earliest foundation of Palencia, c. 1 220. this first attempt to found a University at Salamanca proved abortive. The second founder of the University 1 Only Masters of Theology are ap. Hisp. illust. T. II. p. 113. De la mentioned. ' Hie salutari consilio Fuente (Universidades , I. p. 91) gives evocavit magistros peritissimos in the date as 'about 1215,' but on no sacris scripturis : et constituit scholas very obvious grounds, fieri Salmantiae.' Lucas Tudensis, 70 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, was Ferdinand III of Castile, who issued a charter of §^' privilege in I2421. But the prosperity of the University Re-founded dates only from the accession in j 252 of his son, Alfonso X and in m" (^e Wise), illustrious alike as astronomer and alchemist, 1242. as poet and as lawgiver — a worthy patron for a great Uni versity. The most important privileges of Salamanca were Charter of derived from the Charter granted by this monarch in i2^42. Alfonzo X, ^, . ^ , 1254. Though Salamanca owed its character as a Studium Generale or at least a Studium of more than local renown to royal liberality, its Schools continued to be constitu tionally the Schools of the Cathedral, and remained under the jurisdiction of the Scholasticus or Magister Scholarum 3, who conferred the Licences at night in the nave of the Cathedral4. By the Charter of 1254 the power to imprison and (in the last resort) to banish scholars is recognized as belonging to the Bishop and the Magister Scholarum jointly. Through all later changes the ecclesiastical Scholasticus held a more important position at Salamanca and most other Spanish Universities than the Chancellor either at Paris or in Italy. Even since the secularization of the University in 1845 the University retains a Chapel in the old Cathedral, and more vestiges are left of the ancient origin of that and so many other Universities in Chapter- 1 The document (in Spanish) is a commission therein named. Though preserved in the University Chapel the commission is headed by the of the Cathedral of Salamanca, Bishop of Salamanca and other and is printed by de la Fuente, dignitaries, there is nothing to show Universidades, I. p. 89. It con- that all the members were ecclesias- firms all privileges conferred by tics, still less that it was a ' spiritual the first Founder, as well as the tribunal' (as Denifle calls it, I. customs established in his time ; p. 481). Cf. de la Fuente, /. c. p. 90. hence the propriety of calling it 2 Printed by de la Fuente, I.e. p. 295. ' der eigentliche Stiftbrief der Uni- 3 The latter title (in Spanish versitat ' (Denifle, I. 480) is ques- Maestrescueld) appears the usual one tionable. From the words ' tambien in earlier times ; but Scholasticus is en casas como en las otras co- found in the later documents. The sas,' it may be inferred that the office can be traced from the twelfth privileges related chiefly to the taxa- century. We more rarely find Can- tion of lodgings, everywhere the cellarius. De la Fuente, Hist. Eccles. earliest subject of University legis- IV. p. 232; Universidades, I. p. 61. lation. Quarrels between townsmen 4 De la Fuente, Universidades, I. and scholars are to be referred to p. 178. SALAMANCA. 71 schools than is the case anywhere else in Europe1. The CHAP.VII, use of the word Claustro for a University Hall or building §,fy still testifies to the ancient connexion between the Spanish Universities and the Spanish Cathedrals. By the Charter of Alfonso X two Conservators — the Dean of Salamanca and another ecclesiastic — were appointed with more than the usual powers : since the taxation of lodgings, elsewhere entrusted to a joint board of scholars and citizens, was here lodged with the Conservators only. It is possible to trace in the somewhat despotic character of this docu ment the influence of Frederick II's Charter for Naples. There is no positive proof that as yet an autonomous University, whether of Masters or scholars, existed at all : though at the least there can be no practical doubt that the former assisted in the Examination for the Licence and conducted the Inceptions. The Masters are expressly for bidden to make a common seal without the Bishop's consent. In 1 255 Alfonso's regulations were confirmed at his Bulls of request by Alexander IV. The Bull, however, is no true 1255- Bull of foundation : it expressly recognizes that the King has already founded a Studium Generale at Salamanca, and does not question his authority to do so, or profess to improve the status of the Studium2. In the same year the Pope conferred upon Salamanca Other (1) the privilege of exemption from corporate excommuni- Privlleses- cation without the special authorization of the Holy See3; (2) the right to use a common seal, which had perhaps been refused by the Bishop ; (3) the right of scholars to 1 De la Fuente, Universidades, I. nobis apostolico id munimine robo- p. 86. Martin V made the Scholas- rari.' Archiv, V. p. 169. ticus an elective officer (Chacon, 3 On July 15. Archtv, V. p. 169. p. 45). It was repeated in Sept. with an 2 ' Apud Salamantinam civitatem addition in favour of officers of the . . . venerabilis fratris nostri . . . University : ' in universitatem magis- episcopi et dilectorum filiorum capi- trorum vel scolarium seu rectorum tuli Salamantinorum accedente con- vel procuratorum, aut quemquam silio et assensu generale Studium alium pro facto vel occasione Univer- statuisti, et ut generale studium a sitatis ' (Ib. p. 170). Cf. above, vol. doctoribus et docendis in posterum I. p. 314. frequentetur, humiliter postulasti a 72 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, get absolution for assaults on clerks from the Master of §,f' the Schools ; (4) the right of graduates to teach in all Studia Generalia except Paris and Bologna ; (5) leave for Priests and beneficed clergy but not regulars to study the Civil Law1. The restriction on the jus ubique docendi was removed in 1333 2. It is significant, however, of the origin of the Spanish Universities that in them, probably alone among the Universities of Christendom, degrees continued to be conferred in the name of the King as well as the Pope 3. The Siete In the celebrated Code called the Siete Partidas, issued ParUdas, ^ AjfQnso the Wjse 'm j 2£^ a whole tjtle4 js Devoted to the Universities of the Kingdom. Its provisions may be said to constitute a sort of educational Code— the first of the kind in modern Europe. It is of peculiar interest to the University historian because it contains the first authori tative attempt to define the hitherto vague and indefinite expression studium generate. It formally lays it down that Studia are of two kinds — * particular ' and ' general.' The former name may be given to any School in which ' a Master in a Town teaches a few scholars.' It may be established by a Prelate or a Town Council5. Here we have a mixture of the French and the Italian principles : as indeed in their actual origin the Universities of Spain are developments under Papal or Royal authority some of the Capitular, others of the Civic Schools. In a Studium 1 Archiv, V. pp. 170-172. This formula continued in use till 2 The previous Bull, though ad- 1830, when the conferment of degrees dressed ' Magistro scolarum Sala- was transferred to the Rector. De mantino,' does not expressly entrust la Fuente, Universidades, I. p. 190. the power of conferring the 'licen- 4 Part. II. Tit. xxxi.T. II. ed. Lopez, tiam ubique docendi' to any definite Madrid, 1843, p. 3525*7. Thetraditions person. This technical defect was that this code was drawn up by the set right by the Bull of John XXII lawyers of Salamanca, and that the in 1333, which recites that, in con- King's celebrated astronomical tables » sequence of the omission, ' honori were due to its astronomers, appear dicti studii multipliciter derogatur' to be mere conjectures. We do (Archiv, V. p. 173), and proceeds to not hear of a chair of Astrology confer the required power without till the time of Benedict XIII repeating the restriction. (Pedro de Luna). De la Fuente, I. 3 ' Auctoritate Apostolica et Regia /. c. p. 192. qua fungor, confero tibi gradum/ &c. 5 Tit. xxxi. ley i. SALAMANCA. 73 Generale there must be a separate Master for each of the CHAP, vn, seven Arts, or at least for Grammar, Logic, and Rhetoric, §,f' together with at least one Master of Laws and one of Decrees. Such a Studium can only be established by the Pope, the Emperor or the King 1, and the salaries are to be fixed by the latter. The power of the King to create a Studium Generale in the full sense of the word is perhaps something of an innovation. But we must remember that the idea that the degrees of a Studium Generale were necessarily of ecumenical validity is not to be found in the Siete Partidas, and was not yet established in Europe generally. When it was established, the Jurists very reason ably held that the power of a King only extended to the establishment of a Studium Generale respectit, regni. To obtain a universal validity for the degrees of a University, the Bull of Pope or Emperor or long custom was necessary : and those Spanish Universities which had not obtained the jus libique docendi by Papal or Imperial Bull were not held to have acquired this privilege by custom 2. How far the autonomous University organization had The established itself before the date of the Siete Partidas it is R :torehip< impossible to say. It is, however, fully recognized in the provisions of Alfonso. We may, therefore, be quite certain that Rectors were elected from this time, if not earlier3. The general principle is laid down that ' Colleges and Con federacies of many persons'4 are illegal. The case of Masters and scholars in a Studium Generale is declared to be an exception. Masters and scholars are recognized as together forming a Universitas, which is to elect a Rector whom they shall all obey. He is required to suppress feuds and quarrels between scholars and towns men, or among the scholars themselves, and especially to enforce those cardinal but seldom observed rules of medieval 1 Tit. xxxi. 11. i, iii. Consiliarii were introduced for the 2 See above, vol. I. p. 9 sq. first time by the Reform carried out 3 The Rectors are first expressly by Benedict XIII as legate circa 1380. mentioned in 1301. (See below, * ' Ayutamiento, e Confadrias de p. 76.) Accordingto Chacon (p. i8w.), muchos homes.' Tit. xxxi. 1. vi. 74 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP, vii, University disciplinarians — that scholars should not bear J,f'.. arms or walk abroad at night. He has power to punish offenders : but, if he fails to do so, a scholar is amenable to the King's judges. The last provision applies to criminal cases only. In civil cases the defendant scholar is allowed to appear before the Bishop or his own Master conformably to the Authentic Habita, which has also in spired the special protection afforded to scholars travelling to or from their University l. At the same time provision is made for the examination of candidates for the Licence in the Bologna fashion2. Various privileges and ex emptions are also conferred upon the Masters, particularly upon the Masters of Civil Law, who are styled ' Caballeros' and ' Senores de Leyes.' If a Doctor of Civil Law enters a Court of Justice, the Judge is to rise and to invite him to a seat on the bench, and he has constant access to the King's person. After twenty years' Regency, he attains to the rank of a Count 3. Endow- The endowment of the University was provided for by its Alfonso X. Royal patron, though not on a very munificent scale. A sum of 2500 maravedis was annually entrusted to the Conservators for the payment of Professors and the other expenses of the Studium. In the first foundation by Alfonso IX, Theology had (as at Palencia) been a prominent object. But in Spain, as in Southern Europe generally, Law was driving Theology out of fashion. And to the * Castilian Justinian ' the encouragement of legal study was the para- 1 Tit. xxxi. 11. vii, ii. That in the maestro : e quando hobiere bien de- then state of law and society, such prendido el saber debe venir ante los protection was needed is clear from mayorales de los estudios que han the clause of the last-mentioned law poder de le otorgar la licencia para which provides that the messengers esto.' Tit. xxxi. 1. ix. The exact coming to the scholars shall not be relations between the Scholasticus arrested for the debts of their fathers and the Doctors in the examinations or other fellow-countrymen. At are not clear. A characteristic feature Salamanca the Scholasticus was pro- of the Spanish Inceptions in later bably intended at least to share the times was a University bull-fight power conceded to the Bishop. Cf. given at the expense of the Inceptor. Chacon, p. 25 n. De la Fuente, /. c. I. p. 173 n. 3 ' Decipulo debe anteseer el esco- 3 Tit. xxxi. 1. viii. lar que qui siere haber honra de 4 De la Fuente, /. c. I. p. 295. SALAMANCA. 75 mount object. Moreover it was the consistent policy of CHAP, vil, the Popes to preserve the theological monopoly of Paris. §(f The original staff under Alfonso consisted of one Legist at a salary of 500 maravedis, four Canonists, i.e. two Decreta- lists at 500 maravedis each, one Decretist and a Bachelor at 300 each, two Masters of Logic, one of Grammar, and one of Physic, with only 100 maravedis. Here, as in Italy, the Doctors of Law are treated as a superior class both in point of salary and position : the Doctor of Medicine ranks with the mere M.A. or the still humbler Grammarian. An interesting feature of these provisions is that a Master of the Organ Music is provided 1. The University of Salamanca appears to be cesree the first which gave both degrees and practical instruction in Music. A Master of Music was always included among its Professors2. We hear nothing of musical degrees at Paris or in Italy, and at Oxford they do not appear till the fifteenth century. In the course of time, however, Sancho the Brave became Collapse impatient of paying the small endowment settled on the University by his father. By 1298 it appears that the unpaid Professors had struck work : and the Studium was suspended till Ferdinand IV bethought himself of the easier method of endowing the University out of the thirds 1 Salaries are provided for music in ' denjenigen, welcher entweder ein the Bull of 1313 (de la Fuente, /. c. I. Depot von Lebensmitteln besitzen P- 3r3) > and two Magistri in Musica oder dafur sorgen musste, dass an appear in the Rotulus Benefician- den Lebensbediirfnissen fur die dorum of 1355 cited by Denifle, I. Studierenden niemals ein Mangel p. 494. Salamanca produced Bartho- eintrat.' But I see no reason why lome Ramos de Pareja, who, accord- the word should not have its usual ing to Graux (p. 319), 'passe pour modern and medieval meaning of 1'inventeur de la musique moderne.' a purveyor of drugs. An endowed 2 The chair survived into the pre- Bachelor of Law is also provided, sent century, its last occupant being probably the earliest instance of ' al celebre Dorjague, quiza el mejor such an endowment. Bachelor-teach- compositor de miisica religiosa en ing, which was a merely University Espana a principios del presente exercise in the earlier Universities, siglo.' De la Fuente, /. c. I. p. 98. became important in new Univer- Salaries are also assigned to a Sta- sides where the staff was smaller. tionarius and an Apothecarius whom We see the same tendency in the Denifle (I. 483 w.) explains as German Universities, 76 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, §2. Re- endowed by Fer dinand IV and Boniface VIII with Thirds. Diffi culties. Endow ment of Theo logical chairs and ' Reform ' by Pedro de Luna. of ecclesiastical tithes. These thirds had often, with or without the Papal consent, been appropriated by the Kings under pretext of the Holy War against the Saracens ; and in 1301 Boniface VIII authorized the plan of Fer dinand IV for three years1. The thirds arising from the diocese of Salamanca were to be consigned to a separate chest in the Treasury of the Cathedral, the three keys to be kept one by the Dean, one by the Rectors, and one by the Conservators. The third part of the tithes thus appropriated to edu cational purposes was (as has been said) the third which properly belonged to the fabrics of the Churches. After its withdrawal the Churches naturally began to fall into disrepair: by 1310 the condition of the Cathedral had become alarming. The thirds were consequently with drawn from the University by Pope Clement V. The usual strike of Professors followed, and the existence of the Studium was virtually suspended till 1313, when the same Pontiff, upon petition of the Bishop, restored one- third of the thirds to the Professors 2 : and a varying share in these impropriated thirds formed the basis of the endowment of the University down to the latest times 3. The fame of medieval Salamanca was almost entirely that of a School of Civil and Canon Law. After the very earliest days of the University we do not hear of a single Doctor of Theology till 1315. In 1380, however, Pedro de Luna came to Castile as an envoy on behalf of the Avignon claimant to the chair of S. Peter. Sala manca and the Castilian kingdom declared for Clement VII : and an alliance now began between the Avignon Papacy and Salamanca which eventually passed into a permanent 1 See the document in an Inspexi- mus in Memorias de D. Fernando IV. de Cast. T. II. (Madrid, 1860), 267. No mention is here made of the purpose to which the thirds were to be applied. * The bull is printed by de la Fuente, Umversidades, I. p. 312. Cf. Denifle I. 490. 3 The proportion assigned to the University varied from time to time. The successive edicts on the subject are noticed by Chacon. Cf. Vidal y Diaz, p. 27 sq. SALAMANCA. 77 friendship between the Holy See and the most Ultra- CHAP, vii, montane of Universities. Pedro de Luna undertook as §4f" Legate a visitation and 'reformation' of the University, which was completed after his accession to the Papacy as Benedict XIII. A prominent feature of this ' reform ' was the establishment of theological chairs, which were endowed by Kings John I and Henry III 1. The exclusion of the theological Faculty from Salamanca Sala- and other Studia by the earlier Popes, especially the Theology. Avignon Popes before the Schism, was due to a desire to maintain the theological monopoly of Paris. The en couragement of the theological Faculty by Benedict XIII and Martin V was no less clearly inspired by antagonism to the Gallican University. From the Conciliar epoch the University of Paris became more and more identified with a Theology antagonistic to Ultramontane claims, and, from ; the sixteenth century, more and more out of harmony with the prevailing spirit throughout the greater part of Roman Catholic Europe. In Italy itself there was hardly a Faculty of Theology worthy of the name. In the controversies with Gallicans and with Protestants it was to Salamanca, almost alone among the greater Universities of Christendom, that the Popes could look for champions of the pure Ultra montane faith. At the same time it should be mentioned to the credit of Salamanca that her Doctors encouraged the then almost unorthodox designs of Columbus 2, and that the Copernican system found early acceptance in its lecture-rooms 3. Beyond what may be inferred from the Siete Partidas, Statutes of we know nothing of the Salamancan constitution before the date of the Statutes promulgated by Benedict XIII in 141 1. These Statutes, however, presuppose an existing code and do not enable us to do more than trace the main outlines of the University constitution. We have already seen that 1 De la Fuente, I. p. 208 sq. ; Cha- y Diaz, p. 55. Doncel y Ordaz, con, p. 25 sq. ; Denifle, I. p. 492 ; p. 13 sq. Archiv, V. p. 208 sq. 3 Doncel y Ordaz, p. 9; Graux, 2 De la Fuente, II. p. 26 ; Vidal p. 319. ii : Con stitution. 8 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, that constitution approximates to the Bologna rather than §t^' to the Parisian model. It is emphatically a Student-uni versity with a student Rector, and a body of Consiliarii elected by the various Nations or Dioceses1 : the Doctors form a College of their own, with a Prior or Primicerius at its head, though it does not appear that they were actually excluded from votes in Congregation as at Bologna2. The two other most important modifications of the Bolognese constitution are, (i) the inclusion of all Faculties under a single Rector (the Faculties, with the exception of Theology, do not appear even to have separate Deans of their own)3; (2) the extensive powers of the Cathedral Scholasticus, or as he is now called ' Chancellor of the University.' His functions extend considerably beyond the grant of the Licence. He has important judicial powers, being recognized as the judex ordinarius of scholars, and his jurisdiction extends both to contracts and to delicts, in addition (it may be presumed) to strictly spiritual causes. Either therefore the jurisdiction conferred by the Siete Partidas upon the Rector must by this time have been withdrawn, or the two jurisdictions must have been concurrent4. Besides this the Scholasticus has several functions of a more directly academical character. The appointment of Examiners requires his approval5. It is his duty to enforce by ecclesiastical censure the payment of the salaria upon the Rector and the official immediately charged with that duty and known as the 1 The names are not mentioned in an earlier period there seems to have 1411. The Statutes of Martin V pro- been more than one Rector. vide for the election of two Council- * Archiv, V. p. 196. The Statute lors each by four groups of dioceses, only refers to cases where an offend- which are not expressly called Na- ing scholar has left the town, but tions. All lie in the Peninsula (in- a general jurisdiction is implied eluding Portugal), but the group at a fortiori. Royal Conservators are the head of which stands Burgos also mentioned (p. 186). The Apo- includes students ' de regnis stolic Conservators are not named, Aragonie, Navarre vel alia qua- but the execution of this as well as cunque natione extranea.' Archiv, previous Papal Statutes is entrusted V. p. 186. to the Archbishop of Compostella 2 Archiv, V. p. 194. (p. 197). 3 Cf. de la Fuente, I. 274 sq. At 5 Archiv, V. p. 199. SALAMANCA. 79 'Administrator of the University,' and the appointment CHAP. VII, to vacant chairs by the Rector and consiliarii^. He is en- «f' trusted with one key of the University chest, the remaining four being kept by the Rector, another representative of the Student-university, and two of the senior Doctors of Law2. He has moreover a general power of punishing ' transgressions of oaths and constitutions and other crimes ' in the University and of holding annually 'general and special' inquisitions for their discovery3. In the Sala- mancan constitution, in short, we see a Bologna Student- university grafted on to an old capitular Studium without destroying, though of course it did in a measure limit, the ancient jurisdiction of the Cathedral Scholasticus4. Salamanca is not perhaps precisely the place where one Lady would look for early precedents for the higher education st of women. Yet it was from Salamanca that Isabella the Catholic is said to have summoned Dona Beatrix Galindo 5 to teach her Latin long before the Protestant Elizabeth put herself to school under Ascham. The Renaissance may, indeed, be considered to have begun in Spain long before it began in England, though it never advanced very much beyond a beginning. Salamanca was recognized as one of the great Univer- Receives sities of Europe — as the representative University of Spain ^x^er —by receiving the Liber Sextus of Boniface VIII with a 1298. special Bull in I2986. Again in 1311-12 the Council ofRecogni- Vienne placed it among the five Universities at which £° council of Vienne, 1 Archiv, V. pp. 189, 193, cf. p. those of 141 1. They give the appoint- j^u. 181. He conferred Bachelor's de- ment of Scholasticus to the ' difini- grees. Vidal y Diaz, pp. 121. 203. tores negotiorum ipsius universitatis,' 2 Archiv, V. p. 190. who presumably succeeded to the 3 Archiv, V. pp. 195, 196. single ' administrator' of 1411 (/. c.}, * At some previous date the Uni- 5 Graux, p. 320. The Privileges of versity must have obtained exemp- a Spanish University — those of tion from all Episcopal and Archiepi- Lerida in 1300 — are almost the only scopal authority ; since in the Bull of ones with which I am acquainted, 1411 (Archiv, V. p. 199) its members which expressly contemplate mar- are described as 'post sedem ried Undergraduates. Villanueva, apostolicam immediate subjecti ' to Viage Literario, XVI. p. 203. the Scholasticus. The Statutes of 6 Printed by de la Fuente, Univer- Martin V differ only in detail from sidades, I. p. 299. 80 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, Professors of the Oriental languages were to be established, ~M-1 though at the actual date of the Council it was undergoing one of those total eclipses which marked its early history : and we have evidence of the existence of these Oriental Numbers, lectures as late as the fifteenth century1. The numbers do not in the fourteenth century appear to have been very large ; though by the sixteenth the University had become one of the largest in Europe. A roll sent to Innocent VI in 1355 contains the names of only ten Masters and Licentiates, eighteen Bachelors, 179 scholars in Law, and 130 in other Faculties2. All the names are Spanish with the exception of two which are Portuguese. A large number of these Salamancan rolls survive. It was ' not for nothing,' as Father Denifle remarks, that the University down to the most recent times has displayed the Papal tiara in its arms. An escutcheon bearing Pedro de Luna's arms may still be seen upon the ancient University build ing which was erected under the auspices of that Pontiff, while an inscription in the ' Claustro ' of the University even describes him as the ' founder and prime restorer of Salamanca 3. ' Collets. Salamanca was late in acquiring Colleges. The small College of Oviedo was founded by a Bishop of that see in I3864. The earliest and most famous of the ' four greater 1 At least a ' legens de Ebraica cum was renewed annually, /. c. In aliis duabus linguis sibi ex certo 1641 Salamanca still boasted 3908 statute annexis, videlicet Caldea et students ; sixty years later there Arabica ' is provided with a salary by were 2000; at the beginning of the Statutes of 1411. Archiv, V. this century 1000; in 1875, 391. p. 178. Cf. above, p. 28. Graux, pp. 330, 332. Such has 2 In 1602 there were, according to been the fate of the city which, Middendorpius (p. 436), 4000 stu- on the strength of its University, dents at Salamanca, and there had aspired to the title of the Eternal formerly been 7000. The Sala- City. manca Matriculation-book of 1552 3 'Academiae conditor et reparator shows a total of 6328 persons — one primarius.' Archiv, V. p. 225: De of the most important data which la Fuente, Universidades, I. p. 209. exist for determining the academical * Vidal y Diaz, p 300. The same population of the medieval univer- writer speaks of a College founded sides. De la Fuente,. Universidades , by the Canons of S. Isidro of Leon I. p. 170. The oath to the Rector, in 1166, but gives no information as in which 'Matriculation' consisted, to its nature. SALAMANCA. 8 1 Colleges' — the Colegio Viejo or Colegio Mayor de San CHAP. VII, Bartoleme, which still possesses a peculiarly rich Library Jtf of MSS. and printed books — was founded by Diego de Anaya Maldonado, Archbishop of Seville, in 1401 for ten Canonists and five Theologians. Its constitution was that of the Italian Colleges. It was governed by an annually elected Rector and three Consiliarii ; and the Statutes are throughout modelled on the plan of a Student-university l. There was also a Hospital of S. Thomas Aquinas for sick scholars founded in the fifteenth century, and supported by the contributions of the charitable2. But it was not till the sixteenth century that Colleges began to multiply at Sala manca 3. Here, however, the Colleges remained faithful to their original design and the old system of Regency was superseded by the Professorial system, not (as at Paris and Oxford) by Collegiate teaching. SEVILLE. An interesting episode in the history of the Spanish Universities is the foundation of a Studium Generale at Seville for the study of Latin and 1 See the Statutes in vol. Ill of lar clerks living in community. The the elaborate Historia del col. viejo de Statutes confer the privilege ofdining 5. Barthol. Madrid, 1766-70, by Jos. in the kitchen instead of the hall in de Roxas y Contreras. As bearing winter (p. 38). Students were to on the usual age for entering on the confess twice and communicate once higher Faculties, it is noticeable that a year (p. 39). A later Statute con- the minimum age for admission was tains the curious provision that for eighteen (/. c. p. 20). The students ' atrox percussio, unde exeat sanguis here enjoyed the luxury of separate in rationabili quantitate, ipso facto bedrooms (p. 21). Cursory lectures privetur percussor a Collegio' (p. 42). were given in College (^the term In the Code of 1490 (which is in cursare is used for legere cursone, Spanish) occurs the provision that the p. 24), but for ordinary lectures the Rector shall not lend the College mule students went to the public schools. for more than three days without The disciplinary regulations for this the consent of the consiliarii (p. 54). self-governing community of students 2 Archiv, V. p. 204. in the higher Faculties illustrate the 3 A curious feature of University fact that the members of Colleges life at Salamanca was the presence of were originally subject to disciplinary four Colleges of the Spanish Military regulations as to attendance in Hall Orders. Vidal y Diaz, p. 125. One or Chapel, hour of entering, &c., not of the four ' greater Colleges ' is now so much because they were in statu occupied by the ' College of the pupillarivs, because they were secu- Noble Irish.' VOL. II. G 82 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, Arabic. The way for such a foundation had been prepared by the missionary § 3- efforts of the Dominicans, who from 1250 had assigned certain brethren to study Arabic to qualify themselves for mission-work among the Saracens. Some fifteen years later there were Schools for this purpose in Tunis and Murcia. The site of the earliest Dominican School of Arabic is not known : it may have been Seville. Alfonso the Wise — the second Founder of Salamanca — conceived the design of giving a wider scope to these Arabic studies. Denifle thinks that his motive was in part to facilitate commercial intercourse with the Saracens, but mainly to promote their conversion ; and these are certainly the motives expressed in his Charter. But a monarch so devoted to Astronomical and Mathematical studies was probably not unin fluenced by the desire to throw open to the learned of his realm all the wisdom of the Arabians. De la Fuente (I. p. 130) even conjectures that Arabic was actually meant to include 'Astronomy, Medicine, and Physic,' quoting a request of the King to the Archbishop and Chapter of Seville in 1256 to grant a Mosque (e unas mezquitas .... para morada de los Fisicos que vinieron de allende, e para tenerlos de mas cerca e que fellos fagan la su ensenanza a los que les habemos mandado, que los enseften con el su gran saber, ca para eso los habemos ende traido '). All that is certain is that in 1254 a Charter of privilege was granted very similar to that conferred on Salamanca, and that in 1260 Alexander IV issued a Bull (for a period of three years), in which the new studium is recognised as a Studium Generale, and dispensation from residence is granted to its students. Both documents are printed in the Memorial historico Espanol I, (Madrid, 1851^, pp. 54, 163. Whether the School ever existed except on paper, even the diligence of Denifle, to whom (I. pp. 495-499) I am indebted for the above facts, has been unable to discover. § 3. VALLADOLID. The most important authority is the dissertation on the Origen de los estudios de Castillo,, espedalmente los de Valladolid, &c. For D. Rafael de Floranes, ano 1793, ap. Coleccion de Documentos incditos T. XX. Madrid, 1852. Cf. Sangrador, Hist, de Valladolid, T. I. Valladolid, 1851, p. 186 sq. The constitution may be gathered from the later Estatutos de la insignc Universidad de Valladolid, Valladolid, 1651. The School of Valladolid dates from at least the middle of the thirteenth century T. And it was in very ancient times something more than a merely local church School. A Bishop who died in 1300 is said to have studied at Salamanca and Valladolid as if they were Studia of much 1 But the Studium could not have year provides for the restoration of been very important earlier than 1228, Palencia. since a Council at Valladolid in that VALLADOLID. 83 the same rank1. It presumably obtained privileges some kind from the Crown (though the Charters are not preserved) at an early date: since in 1293 Sancho the Brave, in establishing a Studium Generale2 at Alcala, confers upon it the privileges of Valladolid. In 1304 it received an endowment of 2O:oco maravedis annually from Ferdinand IV, who expressly styles it an e studio general 3, and alludes to the Rector of the Studium. In 1312 it possessed a Doctor of Decrees4, and a Bedel in 1323 5. On the whole there can be little doubt that Valladolid was held in Spain to be a Studium Generale by the end of the thirteenth century ; and it must certainly have fulfilled all conditions of the definition in the Siete Partidas. But since Bull of it did not possess the jus ubique docendi, it is in 1346 described by Clement VI (from the Roman point of view) as being hitherto a studium particulare and is by him erected into a Studium Generale with full ecumenical validity for its degrees 6. A fourteenth-century jurist would no doubt have described its position up to this date as being a studium generate respectu regni. But, as has been already pointed out, the idea of ecumenical validity did not enter into the earlier conception of a Studium Generale. There is there fore no reason, with Denifle 7, to say that the term ' Studium 1 Espana Sagrada, T. XXI. p. 109. a University, College and Univer- To assume (with Floranes. p 70) sity being fused into one according that because the Siete Partidas to an entirely new plan. See below, speaks of Studia Generalia in the p. 99. plural, at a time when the Studium of 3 Doc. ap. de la Fuente, I. p. 102. Palencia had vanished, Valladolid 4 Doc. ap. Floranes, Coleccion, p. 81. and Salamanca must be the Univer- 5 Floranes, /. c. p. 83. sities referred to, is quite unwarrant- 6 See the Bull (in #' confirmation able. The provisions of the Siete by Clement VII) printed at the end Partidas are quite general. of the Estatutos and (partly) by ' Estudio de escuelas generales.' de la Fuente, I. p. 104. It recites that Doc. ap. Floranes, p. 75, and de la a ' studium, licet particulare, ab an- Fuente, I. p. 100. So far as I have tiquo viguit, atque viget,' and pro- been able to ascertain, no Studium ceeds in the ordinary terms to enact Generale was actually erected at ' ut in villa Vallisoletana przedicta, Alcala at this time. In 1499 a Papal perpetuis futuris temporibus gene- Bull was granted to the College of San rale Studium vigeat, in qualibet licita, Ildefonso, founded there by Ximenes, praeter quam Theologica, facultate.' conferring upon it the privileges of 7 I. p. 377. G 2 84 THE UNIVERSITIES OF SPAIN AND PORTUGAL. The licence. CHAP. VII, Generale' is used in 'an improper sense when applied to . »?'. such a Studium as Valladolid.' Theology. Clement expressly excludes a Faculty of Theology from the Bull : such a Faculty was first established, no doubt in accordance with the policy of breaking down the theo logical monopoly of the anti-papal Paris, by Martin V in 141 8 J, upon a petition presented by the envoys of the King of Castile and Leon at the Council of Constance. At about the same time the Statutes enacted for Salamanca by Martin V were adopted by the University, which was now endowed with a share in the thirds of a neighbouring district 2. Valladolid was not in the Middle Ages the see of a Bishop : and the University seems rather to have grown out of a Town-school through the exertions of the Municipality, but with the assistance and sanction of the Crown, than out of a purely ecclesiastical Studium3. The licences were, however, conferred by the Abbot of the secular Collegiate Church, till its erection into a Cathedral at the end of the sixteenth century, when the Chancellorship of the University passed to the Bishop. The University was endowed out of the ecclesiastical thirds appropriated by the Crown. The Colleges. l greater College of Santa Cruz ' was founded by Cardinal Gonzales de Mendoza4 in 1484 and the Dominican College of S. Gregory, whose magnificent buildings still in part survive, four years later by Alonso de Burgos, a Dominican Bishop of Cordova5. We are left to infer the earlier constitution of the Uni versity from the Code of Statutes approved by the Emperor Charles V. The organization of the University, the system of Examinations, the graduation ceremonies, the time of the Later Con stitution. 1 Floranes, /. c. p. 105. 2 Bull of 1417 printed by Denifle, Archiv, V. p. 215. 3 This may perhaps be inferred from the fact that Alfonso XI's decree for the payment of the thirds appro priated by the Crown towards the payment of Professors (in 1323) was directed to the Town Council (de la Fuente, I. p. 103). In 1346 Clement VI issued a Bull, on the King's petition, authorizing this application. Denifle, I. 378. 4 De la Fuente, II. p. 21. 5 De la Fuente, II. p. 29. VALLADOLID. 85 Lectures and the Vacations are, down almost to the minutest CHAP. vn. detail, copied from the Bolognese model. The old student- . \? . liberties are, indeed, more strictly preserved in these Spanish sixteenth-century Statutes than they were by that time in the majority of the Italian Universities themselves. There are, however, a few departures from the ancient model. The Abbot as Chancellor has become incorporated in the Uni versity and takes his position side by side with the Rector in University Congregations. Six of the twelve endowed Professors (Cathedrarii) sit in alternate years as Deputati with the Rector, Chancellor, and seven Consiliarii^ to form the executive Council or ordinary governing body of the Uni versity. The Rector is to be a Doctor or Licentiate, chosen by lot from among three candidates nominated by the Council : but the Councillors, similarily chosen by a mix ture of lot and nomination, were apparently students *. Above all, the election to the salaried chairs was entirely in the hands of the students, whereas in Italy the appoint ment had almost everywhere been formally or virtually transferred to the Prince or the City2. Every student of the Faculty had a vote, provided he had heard the trial- lectures of all the candidates. This system of ' Oppositions ' 3 or competitive trial-lectures is established here as in many other Spanish and French Universities. One remarkable provision, which seems to be of Spanish origin, may be noticed as a hint to modern University Reformers. After twenty years' service, a Professor was allowed what was known as his 'Jubilee' and was henceforth permitted to receive his full salary and to lecture by deputy4. 1 Estatutop, pp. 1-5. Six Con- elected by the University to defend siliarii were chosen in this way, its rights and preserve order at Uni- one by the College of the Holy versity pageants (p. 37). Cross. 3 Estatutos, p. 7 sq. 2 The only Conservators men- 4 See the Tit. De Cathedrariis tioned in the Statutes are the Milites Jubilatis, Estatutos, p. 20. 86 THE UNIVERSITIES OF SPAIN AND PORTUGAL. § 4. LERIDA (1300). There is no printed monograph on Lerida, but (what is much better) the original Privileges and Statutes are published by Villanueva in the Viage Literario a las Iglesias de Espana, T. XVI, Madrid, 1851. The existence of this invaluable collection was, however, practically unknown North of the Pyrenees before the appearance of Denifle's book. Some of the documents are printed by de la Fuente, I. p. 300.5(7. Denifle has printed others in the Archiv fur Lit.- u. Kirchengesch. des Mittelalt. IV. 253 sq. CHAP. VII, The zeal for education which, fostered by a spirit of §M4' national independence, had led to the establishment of Unlversit tnree Castilian Universities in the course of the thirteenth for Aragon. century, spread to the neighbouring and rival kingdom of Aragon at the end of the same century1. The Spanish Universities were above all things national institutions : and before the close of our period we shall find every one of the Spanish kingdoms in possession of its own Studium Generale. Difficulties In the great work of Denifle the Universities are classified cation entirely according to their origin, and fall into one or other of three main classes, (i) Universities which arose without a Charter of foundation ; (2) Universities founded by Papal Bull ; (3) Universities founded by Imperial, Royal, or Princely edict. There are, however, in point of fact not a few Universities which cannot be assigned to one or other of these categories without a very arbitrary procedure. This classification is peculiarly unsatisfactory in the case of Lerida, which is placed by Denifle — rightly perhaps if such a classification is to be adopted at all — in the third of the above classes, but it gives at best a one-sided view of the facts. Founda- No University, indeed, was more entirely the creation James7!!, °f a monarch's will. The University of Lerida was founded by James II of Aragon in 1300. But the document in which 1 The purpose of the foundation of scientiis nationes peregrinas expe- Lerida is thus described by the tere, nee in alienis ipsos oporteat Founder: ' Ut nee potissime nostros regionibus mendicare.' Villanueva, fideles et subditos pro investigandis T. XVI. p. 196. LERIDA. 87 his intention to found a Studium Generale in some town CHAP, vn, of his realm is first declared in a letter addressed to the Jj^ reigning Pope, asking for Apostolical approval for the undertaking. In consequence of this petition a Bull was issued by Boniface VIII conferring upon the University when founded the privileges of Toulouse. The King's actual Charter to the University, the seat of which is now fixed at Lerida, declares that it is founded by joint Regal and Apostolical authority1. In this procedure it is obvious that a jealous assertion of the Royal prerogative is combined with a desire to secure for the new foundation privileges which only an ecumenical authority could bestow. In other respects the Charter is clearly based upon the model of Frederick II's foundation -bull for Naples ; in accordance with which precedent another Royal edict forbade the teaching of Law, Medicine, and Philosophy in all other places within the King's dominions2. This provision brings into relief the real nature of the educational revolution introduced by the foundation of Universities. Formerly the Schools of any great Church might teach all subjects, and authorize qualified persons to become Masters in them. In Italy and perhaps parts of Spain the freedom of education was not even limited by the necessity for ecclesiastical authorization. By the foundation of Universities higher education was made, either formally (as at Naples and Lerida) or virtually (as in France and England), the mono poly of certain privileged Studia. At Naples the teaching of Grammar only was allowed in other places : at Lerida an explanatory edict exempts Logic also from the operation of the Royal prohibition. In some points, however, the King of Aragon's legislation was far more wise and liberal than that of the Neapolitan monarch. His original Charter3 1 ' In civitate nostra Ilerdensi nandum.' Doc. ap. Villanueva, XVI. studium generale in iure canonico et p. 200. Degrees were likewise con- civili, medicina, philosophia et arti- ferred by joint authority of King and bus et aliis approbatis et honestis Pope. /. c. p. 201. scientiis quibuscumque, auctoritate 2 Doc. ap. Villanueva, XVI. p. 199. Apostolica nobis in hac parte con- Cf. above, p. 23 cessa ac etiam nostra, duximus ordi- s Printed by de la Fuente, I. p. 311. 88 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, exhibits no jealousy either of ecclesiastical authority or of ._*,*' academic liberty. The privileges which it confers are the amplest ever yet bestowed on the first foundation of a University. Statutes Seldom did the actual beginning of a University's existence of 1300. f0now more promptly upon its formal erection. On Michael mas Eve, 1300, the students met and elected as their first Rector the then Archdeacon of Lerida ; and on the same day an elaborate Code of Statutes was solemnly promulgated. These Statutes are of peculiar importance in the constitu tional history of Universities. They are the earliest detailed Code of Statutes for a Student-university which has come down to us : and, allowance being made for constitutional changes adopted to suit the peculiar circumstances of Lerida, they reveal to us the whole organization and educational system of the University of Bologna on which they are undoubtedly modelled, at a period considerably before the date of the earliest Bologna Code now extant. They show us the Student-liberties, the Student-domination over the Professors, already in full operation. Nothing can more strikingly illustrate the extent and the established position of this Bolognese student-ascendancy than the fact of its deliberate adoption (with but few modifications) amid social conditions not a little different from those under which it had grown up, by a Spanish Sovereign. It had come to be accepted as an ordinance of Nature that Law- students should form a self-governing body. Consti- The principal modification introduced into the Bologna constitution is that (in accordance with Neapolitan precedent) a Chancellor nominated by the King takes the place of the Bishop as the licensing authority. The King, however, as a concession to the connexion generally existing between Chapter and Schools in Spain, grants that the Chancellor shall always be a Canon of Lerida l. On the other hand the academic jurisdiction of the Rector over foreign students 1 Villanueva, XVI. p. 201. He is p. 214, though being ' de praecipuis styled Cancellarius studii, not (it officialibus studii, privilegiis univer- should be observed) Universitatis, I.e. sitatis cancellarius gaudet,' /. c. p. 219. LERIDA. 89 is recognized more fully and ungrudgingly than it was ever CHAP. recognized by the Bologna Municipality. Foreign Doctors _*,*' and students1 are exempted from the jurisdiction of the State Courts (if they claimed the exemption) in all civil cases and in all non-capital criminal matters, and are allowed to choose between the Rectorial tribunal and that of their own Master. One other exception is noticeable. A lay student caught in the part of the town specially assigned to students' houses with arms or musical instru ments in his hands (the two offences are placed precisely on a level) may be fined by the town officials : a clerical student under similar circumstances is to forfeit the obnoxious weapon or instrument and to be sent to the Bishop or Rector for correction 2. The distinction shows how little, in Southern Europe, scholarity was held to imply clerkship. In Aragon the Municipalities were at this time more Endow- powerful than in Castile ; and at Lerida it is probable that m the Municipality had much to do with the foundation of the University. At all events, the endowment was supplied by them, and the Prohombres of the City were entrusted with the nomination to the salaried chairs — originally two in Canon Law, two in Civil Law, one in Philosophy, one in Medicine, and one in Grammar 3, but they were directed to be guided in their choice by the advice of the Rector and Consiliarii. Whether in consequence of this division of responsibility or otherwise, by the year 1311 the Studium had come to a dead-lock. In that year, however, the Council of the City offered to provide the salaries, on con dition that the Doctors should be chosen by the Bishop and 1 The University is expressly de- tatis statuta, licet dum in hoc studio fined as a ' Universitas scolarium fueris, ad eorum observantiam tene- forensium, qui non sint de civitate aris.' All Doctors and Bachelors Ilerdae, clerici vel laid in utroque were bound to swear obedience to jure studentes,' /. c. p. 201. But Mas- the Rector. ters and scholars ' cuiuscunque sci- 2 /. c. pp. 204, 5. entiae' must obey the Rector (I.e. 3 Villanueva, XVI. p. 214 ; Archiv, 217). Cf. p. 229, ' Cum te dicas^civem IV. p. 255 sq. Ilerdae, jurare non cogeris uriiversi- 90 THE UNIVERSITIES OF SPAIN AND PORTUGAL. Later History. CHAP. VII, Chapter. Eventually the King divided the cost of the \^' Studium between the Municipality and the Chapter l. From its revival in 1311 the University seems, but not quite without interruptions, to have enjoyed a moderate share of prosperity till its gradual evanescence in the course of the fifteenth century2. Its fame was chiefly derived from its School of Law : but among the 284 Bachelors and Scholars whose names appear in a Rotulus sent to Bene dict XIII in 1394, there are more Artists than Jurists, and the medical Faculty had more prominence here than in most Spanish Universities : in 1387—97 John I granted it a privilege already established at Montpellier and elsewhere, i.e. an annual corpse for dissection, with the curious pro viso that the criminal assigned for the purpose should be drowned 3. The oldest College in Spain was situated at Lerida — S. Mary's College founded in 1372 by Domingo Ponz, Chanter of Lerida4. S. Mary's College. § 5. PERPIGNAN (1349). This University is one which has been practically disinterred by Denifle (I. pp. 515-519) from MSS. at Rome and Perpignan, where the Statutes of circa 1379 are preserved. Its bare existence is recognized by de la Fuente, I. p. 239. The Statutes and other documents are now printed by FOURNIER, Statuts des Universite'sfranfaises, T. II. 1891, No. 1482 sq. Project After the annexation of the County of Roussillon to the versitv in crown of Aragon in 1344, the victorious King Pedro the Rons- Ceremonious— possibly from a desire to gratify his new sillon. 1 Espana Sagrada, T. XL VI I. p. 35*. 2 The continued existence of the University in the fourteenth and be ginning of the fifteenth centuries would seem to follow from the facts mentioned by de la Fuente, I. p. 246, but I can discover nothing as to its later history. It must have prac tically disappeared before 1464, when Paul II's Bull for Huesca declares that ' in eodem Regno Aragonum nullum aliud studium viget generale,' (Aynsa, Ciudad de Huesca, p. 626.) We find, however, a royal visitation of the University in 1565. Espana Sagrada, T. XLVII. p. 357. 3 Espana Sagrada, T. XLVII. P- 354- 4 The facts about this College are collected by Denifle from Vatican Archives (I. pp. 505-6). PERPIGNAN. 91 subjects and promote the fusion of the County with his CHAP. VII. older dominions— conceived the design of transferring the 1^- Studium from Lerida to some town in Roussillon. In confirming the privileges of Lerida in 1347 he inserts the clause 'so long as the said Studium shall remain in that City V The contemplated suspension of the Studium of Lerida was never carried out ; but in 1349 a royal edict 2 Founda- was issued erecting a new Studium Generale at Perpignan p in all Faculties (including Theology), inviting doctors and J349 scholars to attend it, promising the usual protection and directing the Consuls to provide a students' quarter in the city. The edict declares that there were Doctors teaching at Perpignan already : and as the Charter is said to be issued at the request of the Municipality, it is prob able that the University must be regarded (like Huesca and perhaps Lerida) as an expansion of a Town-school of Law. Little or no effect, however, was produced by the new Charter. The University was a failure and the King (still apparently unfavourable to Lerida) made a more successful attempt to erect a new University at Huesca. The real existence of the University of Perpignan does not begin till the issue of a Papal Bull of foundation for all Faculties except Theology in 1379 by the Avignon Pope Clement VII3, Bull of whom the University thereafter claims as its founder, at least when supplicating for benefices at the Papal Court 4. One of these benefice-rolls (of 1394) contains the names of a Rector, four Licentiates and twenty-eight Bachelors of Law, one Master of Arts, three Bachelors of Medicine, 137 Scholars in Law and 207 in Arts — most of them from the dioceses of Elne, Gerona, and Urgel, with a few from more distant regions 5. A Faculty of Theology was sanctioned by Nicolas V in 1447 6- The original Statutes 7 are based upon those of Lerida, Consti- but are influenced also by those of Toulouse and contain tutlon- 1 Doc. quoted by Denifle, I. p. 508. 4 Fournier, II. No. 1487. 2 Fournier, II. No. 1482. 5 Fournier, II. No. 1488. 3 Fournier, II. No 1483. The early 6 Fournier, II. No. 1513. Royal Foundation included Theology. 7 Fournier, II. No. 1485. 92 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, many original features 1. The Bishop of Elne is Chancellor §4f • m and approves of the Rector-elect in the name of the King. The Rectorship is usually held by a Bachelor or student, but a Doctor (probably not a salaried Professor) is occasion ally elected. Of the ten Consiliarii two at least must be Bachelors of Law, and two members of the Faculty of Medicine or Arts. The salaried chairs are filled by the Consuls after consultation with the Rector and Council. §6. HUESCA (1359). The History of the University is dealt with by AYNSA Y DE YRIARTE, Fun- dacion &c. de la antig. Ciudad de Huesca (Huesca, 1619), p. 613 sq. ; and RAMON DE HUESCA, Teatro historico de las Iglesias del rigno de Aragon, VII, Pamplona, 1797 (the latter I have not seen), both of whom print the most important documents, to which Denifle makes an important addition. No Statutes appear to be known before the printed edition of 1601. Huesca is the later name of the ancient Osca — the seat of the celebrated School opened by Sertorius for the instruction of Spanish youth. But it is of course impossible to establish any connexion between the School of Sertorius and the later University. The Saracen occupation by itself forbids the attempt to bridge over the gulf between the Roman and the medieval School. Founda- In J 354, probably in consequence of the failure of his Pedroyiv attempt to found a University at Perpignan, Pedro IV in 1359. issued a Charter creating one at Huesca2. The docu ment is closely copied from the Charter of James II for Lerida, including the prohibition to study elsewhere 3. 1 A remarkable feature is a specifi cation of the length of time for lectures, which was in winter : Morn ing 3 hours, Tierce 2 hours, Nones i| hours, Vespers a| 'vel circa.' In summer the hours are shorter. I have not elsewhere noticed the term 'Camerarii,' who seem to have been private ' Repetitores.' The public Repetitions were here given by Bachelors. 2 Aynsa, p. 624. 3 But with the exception as regards Theology, 'prseterquam in Ecclesiis et ordinibus quibus solitum est legi prefatam Theologiam.' Doc. ap. Aynsa, p. 624, and de la Fuente, I. p. 317. There is no mention of Papal authorization in Pedro's Char ter ; he claims to found the Studium Generale entirely suo jure, and to bestow the privileges conferred by the Holy See on Toulouse, Mont- pellier, and Lerida. HUESCA. 93 Unlike Lerida, however, Huesca was provided with a Theological Faculty from the first. The method adopted UL for the endowment of the Studium was peculiar and suggests an amusing ignorance of the fundamental axiom of Political Economy. A tax was imposed upon meat sold in the chief market of Huesca. The consequence was that the inhabitants bought their meat in the cheaper market of the Moorish quarter. This mistake was corrected in a subsequent edict which extended the tax to the Saracen market. A heavy contribution was also laid upon the Saracen and Jewish communities. But, in spite of these provisions, the University did not succeed. The com petition of Lerida, which, notwithstanding the monopoly clause in the Huesca Charter, continued to flourish, was too strong for it. By 1358 it appears that only one Bachelor of Law was lecturing in the place — a lecture which had been established by the inhabitants themselves long before the foundation of the University *. This last circumstance is interesting as showing that the University was in some sense an outgrowth of a Town-school of the Italian type. We hear nothing of a Chapter School or Maestrescuela. A privilege of King Martin is the only Bull of evidence of the continued existence of the University till the reign of John II, who in 1464 petitioned Pope Paul II in conjunction with the citizens for the renewal of the Papal privileges which, it was alleged, had been lost 2. These, indeed, had never had any real existence, except in so far 1 ' Nee ibi nunc aliquis eorum legit printed by Ramon de Huesca). nisi solum jam dictus Dominicus 2 Bull of Paul II (ap. Aynsa, Egidii Davena bacallarius in legibus, p. 625), appointing a Commission to quern ad legendum in dicta civitate enquire into the facts and renew the homines universitatis ipsius (i. e. the Studium Generale. It promises the town) de novo aduxerunt seu venire privileges of Toulouse, Lerida, and fecerunt, prout ante fundacionem Bologna. It should be observed that ipsius studii homines jam dicti con- this Bull does not question the right sueverunt tenere unum bacallarium, of Pedro to found a Studium Generale qui eorum filiis in dicta civitate solely regia authoritate, though it re- legebat.' Edict of Pedro IV, printed cites that the foundation was 'asede for the first time by Denifle, I. p. 511 Apostolica, ut asseritur, approbata et sq. (with other documents already confirmata.' 94 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, as the Pope's general permission to the King of Aragon JjL to establish a University in any town of his realm might be held to confer the power of founding Huesca as well as Lerida1. A Bull was, however, granted renewing the ' inter rupted ' Studium, and entrusting the right of promotion to the Archdeacon2. From the year 1473 the University began to be endowed in a more satisfactory way by the impropriation of prebends and other ecclesiastical property3, and maintained a substantial though far from glorious exist ence till it was thrown into the shade by the revival of Saragossa towards the end of the sixteenth century. § 7. BARCELONA (1450). My only authority is De la Fuente, I. pp. 236-240, and the documents printed by him, p. 232 sq. The Statutes of the University of Lerida provide for a most imposing array of ' Nations,' from which repre sentatives were expected by its sanguine founders to flock to the new seat of learning : and it was enacted that the Rector should be chosen from each Nation in turn. As a matter of fact, however, only two countries availed them selves of the opportunities thus placed within their reach in sufficient numbers for the establishment of academical Nations — the Aragonese and the Catalans. Lerida was perhaps selected for the seat of a University as lying in a central position, equally accessible from Aragon and from Catalonia. With this measure of independence the national or provincial aspirations of the King of Aragon's Catalan subjects were content till the year 1430, when the Town Council of Barcelona founded and endowed a Stu dium4, for which in 1450 they obtained a Royal Charter from Alfonso V and a Papal Bull from Nicolas V5 conferring 1 Had Lerida been disestablished, 4 De la Fuente, I. p. 237. this contention might have held good, 5 Printed ap. de la Fuente, I. but the Pope did not authorize the p. 333 sq. The Pope declares that establishment of two Universities. the Studium Generale is to be ' ad 2 The Bull is unpublished. Denifle instar studii Tholosani,' and confers gives its contents (I. p. 514). the privileges of that University: the 3 Aynsa, p. 630. King bestows those of Lerida and BARCELONA. SARAGOSSA. 95 on it the rights and privileges of a Studium Generale in all CHAP.VII, Faculties. It remained, however, very unimportant till its „' ' reformation ' in the middle of the sixteenth century. Barcelona, like Majorca and Valencia, was a great seat of Lullianist doctrine l. § 8. SARAGOSSA (1474). De la Fuente, I. pp. 248 sq., 340 sq. We have seen that it formed part of the earlier and vaguer conception of a Studium Generale that one at least of the higher Faculties should be represented in it. In time, however, the idea of ecumenical validity for the degree became the most prominent part of the idea. Hence there was no theoretical objection to the creation of a Studium Generale in Arts only ; but as a matter of fact, the only instance of such a creation within our period is the University of Saragossa, for which a Bull Bull of was granted by Sixtus IV in 1474 2. The Bull recites that there had existed in the city ( from ancient times ' a Studium in Arts, and that the senior Master had been styled Rector of the Studium. It proceeds, in accordance with the petition of the Chapter and Municipality, to create a Studium Generale in Arts only, to make the Master (Magister Major) Chancellor as well as Rector, and to give to the Masters and scholars all the privileges of Paris and Lerida. Two years later, in consequence of disputes arising between this glorified Head Master and the Chapter as to the administration of what was no doubt originally a Chapter School, it was found expedient to procure another Bull making the Archbishop Chancellor and Archbishop the Rector Vice-Chancellor, and giving power to the °e Chancellor, Vice-Chancellor and Chapter in conjunction to make Statutes for the government of the Studium 3. Perpignan. The omission of Huesca p. 340. A Studium Generale ex cow- testifies to the extinction of that Uni- suetudine in Arts only existed at versity. Erfurt. See below, pp. 100, 243. 1 De la Fuente, I. p. 147. 3 Bull printed by de la Fuente, 2 Printed by de la Fuente, I. I. p. 344. 96 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, The Studium, however, remained of so little importance — M— that, when in 1541 steps were taken for the erection of a University in the higher Faculties, no notice whatever was taken of these earlier Bulls 1. AVILA. According to Zarate (De la instruction publica en Espana, p. 208), a Uni versity was founded here in 1482 by Ferdinand and Isabella for Theology, Law, and Philosophy, and endowed with the confiscated property of the Jews : it was suppressed in 1807. Without seeing the documents, I do not venture to place it definitely among Studia Generalia even respectu regni. § 9. PALMA (1483). DAMETO, Hist. Gen. de Mallorca ed. 2, III. Palma, 1841. Career of It is impossible within the limits of this work to embark . on so difficult and obscure a subject as the life and teaching of Raymundus Lullius — one of the strangest episodes in the philosophical history of the Middle Ages. Lullius acquired fame in two characters. He was the inventor and propagator of a fantastic system of Logic, including a logical machine which was (like the Novum Organum of Francis Bacon) to ' equal intellects ' and solve all problems. At the same time he was an impassioned missionary who spent his life in inciting Pope and King to found Colleges for the study of Arabic and the con version of the Saracens 2, and who died a martyr to his own zeal in the missionary cause. The scientific and the missionary enthusiasm were united by the confidence of its author that the ' Great Art ' must perforce effect the conversion of the Arabs to the Christian faith. In both characters he left his mark upon his native Island of Majorca. It was through his persuasion that James I 1 /. c. p. 249 sq. ' Aprobacion de la doctrina de Lulio 2 The decree of the Council of por le Universidad de Paris, 1309,' is Vienne in 1311 for the creation of wrongly described. It is a certificate Oriental Chairs in the great Univer- of orthodoxy granted by the Bishop's sities is supposed to have been Official on the evidence of certain largely due to his importunity. The individual Masters, Bachelors, and document, which de la Fuente calls Scholars of Paris. PALMA. SIGUENZA. 97 of Aragon was persuaded to found in 1276 a 'Missionary CHAP.VII, College of Minorites at Miramar for the study of Arabic V § I0- This College obtained a Bull of Confirmation from His"^ John XXI2, and perished before the death of Lullius : but in ?follese at .11 , Miramar. the latter half of the fourteenth century, and all through the fifteenth, the philosophical, medical, and scientific doctrines of Lullius seem to have been taught at various places in the Island. It is reasonable to suppose that this Studium, if such it can be called, traced its origin back to the founder of the sect : but it is doubtful whether any connexion can be established between it and the Uni versity founded at Palma in 1483 by Ferdinand the Catholic with the privileges of Lerida. The University, so far as appears, can only claim to rank as a Studium Generale respectu regni 3. § 10. SIGUENZA (1489). Chapter in de la Fuente, Universidades, II. pp. 1-23,. and Documents, PP- 525-545- About the year 1476, Don Juan Lopez de Medina, Licentiate in Decrees, Archdeacon of Almazan in the Church of Siguenza, Canon of Toledo and ten other Churches, conceived the idea of devoting some portion of his ecclesiastical riches to a foundation of a very peculiar character. Outside the walls of Siguenza he built a Convent to be called the Convent of S. Antonio de Portaceli, which he made over to the Franciscans or, in the event of their leaving it, to the ' Religious of San Jeronimo.' The occupants of the Convent were to be specially devoted to study; and in close connexion with this College-Convent three chairs of Theology, Canon Law, and Arts were erected, and endowed (by permission of the Founder's patron, Cardinal Mendoza, who was 1 Dameto, III. p. 47. The Bull 2 See the two chapters devoted to speaks of the ' Studium Generale Ma- that subject in de la Fuente, I. 113 gistri Raymundi Lulli,' but this must sq., 241 sq., and the documents in mean onlya Studium Generale forthe Dameto, III. p. 81 sq. Franciscan Order (Studium Ordinis). 3 Dameto; III. pp. 77, 449. VOL. II. H 98 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, Bishop of Siguenza as well as Archbishop of Seville), the § *°- first two with Canonries and the last with a ' portion ' in the Church of Siguenza l. The Chairs were to be filled by secular clerks who had graduated at Siguenza. It was from the first contemplated that others besides the Friars should attend the Studium : but in 1477 an independent College secular College for a Rector and twelve Scholars (in annexed, memory of Christ and his Apostles) with four student- servitors was founded by the Archdeacon, and endowed by the annexation of a number of benefices or 'portions'2 in various parochial Churches held by him whether in right of his Archdeaconry or otherwise. The patronage was reserved for the Founder and his heirs. It was from the first intended that the scholars should follow a regular course of a University character, but it was not College- until 1489 (after the Founder's death) that a Bull was Umveisity, obtajned frOm Innocent VIII, authorizing the students of the College to receive the degree of Bachelor from the Doctors or Masters of the Studium and the degrees of Doctor and Licentiate from the Bishop as Chancellor after examination by the Doctors 3, and conferring upon them all the privileges enjoyed by graduates of other Uni versities. A College and a University were thus fused into one, the Rector of the College (who was assisted by two Consiliarii) becoming also Rector of the University 4. The new form of University thus evolved became the model upon which similar College-Universities were after wards erected at Alcala and elsewhere in Spain. 1 De la Fuente, II. p. i sq., 525 sg. tents are summarized (Ib. II. p. i6sg.} ; A Hospital also formed part of the Villanueva, II. 102. foundation. * The Rector was at first elected 2 'Beneficia simplicia, et praesti- for two years, afterwards for one. monia, ac prsestimoniales portiones De la Fuente, II. p. 17. A dispute parochialium ecclesiarum de Palazue- soon arose as to the admissibility las,' &c. Ib. p. 529. of 'new Christians,' i.e. converted 3 The Bull is unfortunately not Jews or Saracens, which was de- printed by de la Fuente. Its con- cided against them in 1497. /6.p.543. ALCALA. VALENCIA. 99 § 11. ALCALA (1499). The following is from Denifle, I. pp. 646-648, de la Fuente, Univer- CHAP. VII, sidadcs II. p. 66: Constitutioms insignis Collegii 5. Ildefonsi ac . . . totius §§ 11-12. almae Complutensis Acad., Compluti, 1560. In 1293 Sancho IV of Castile projected the foundation of a Studium Generale at Alcala, and conferred upon it the privileges of Valladolid ; but nothing seems to have been done in execution of the scheme. Nothing at all events is heard of any considerable Studium at Alcala until 1459, when, on the petition of Alfonso Carrillo, Archbishop of Toledo, Pius II granted leave for the establishment of three chairs in Arts and Grammar by the impropriation of bene fices J ; but, as this Bull does not expressly create a Studium Generale and no promotions seem to have taken place, the School must rather be looked upon as a studium particular e privilegiatum until the year 1499, when a Bull of creation was issued for a University, or rather a College of San Ildefonso, with power to grant degrees, by Alexander VI, on the petition of the famous Ximenes, Archbishop of Toledo. The Founder of the College declared it to be on the model of the College of S. Bartholomew at Salamanca 2. The right of promotion was bestowed upon the Abbot of the Collegiate Church of S. Justus and S. Pastor, and the graduates were endowed with the privileges of Valladolid, Salamanca, and Bologna. By the Papal Bull, Bachelor's degrees were to be conferred by the Professors of the College. The actual inauguration of the College took place in 1508, while the Statutes were not published till 1510. 3 § 12. VALENCIA (1500). The following account is from de la Fuente, Universidades, I. pp. 228-235, IL P- 55 sq. Cf. Denifle, I. p. 643 sq. I have not seen ORTI Y FIGUEROLA, Memorias historicas de la fundacidn y progresses de la insigne Univ. d. Valencia (Madrid, 1730), or MIGUEL VELASCO Y SANTOS, Resena historica de la Univ. de Valencia. There are some documents in VILLANUEVA, Viage literati, T. II. p. 90 sq. The history of this Studium is peculiarly interesting as an indication of the zeal of Spanish Municipalities in the 1 De la Fuente, II. p. 556. ' De la Fuente, II. p. 66 ; Denifle, 2 De la Fuente, II. p. 559. I. p. 648. H 2 100 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAK VII, cause of education. In 1246 Innocent IV granted a Bull * If- exempting Regents in the Studium which the King of Aragon was intending to erect at Valencia from residence on their benefices l. It appears to have been intended to found a Studium Generale, since James I of Aragon proclaimed liberty to teach in Arts, Medicine, and Law at Valencia, and Innocent IV speaks of it as destined to be a Studium of the highest utility not only to the aforesaid realm, but also to its neighbours ; but nothing further appears to have been done till 1374, when the City petitioned the King for a Studium Generale2: while on its own responsibility it proceeded to take the modest step of hiring a solitary Bachelor of Arts to begin teaching in the place. In Spain the right of a Council to establish a Studium (i.e. a Studium Particulare) was not so un questioned as in Italy, nor the right of the Bishop and Chapter so well established as in Northern France. The Bishop excommunicated the Jurados of the City, and imprisoned the B. A. on the ground that the action of the Council infringed the monopoly granted by James II to Lerida. He was at length discharged on the strength of the earlier edict of James I : but the opposition of the Chapter seems to have thwarted the efforts of the Council to establish a more substantial Studium till 1389, when two Jurists, two Medical Doctors, four teachers of the Notarial Art, and one Master of Medicine and Arts, were commissioned to draw up Statutes. In 1412 a Studium of Arts with a code of Statutes was established by agreement between the Council and the Chapter 3. Under the old per mission of James I this Studium might possibly have claimed to be a Studium Generale respectii regni*, though (accord ing to the Siete Partidas) a School could not claim this distinction, even if founded by Royal authority, unless it included one of the higher Faculties ; and there is no reason to believe that promotions ever took place here. The 1 De la Fuente, I. p. 293. 4 It was also from the Papal 2 Ib. p. 320; Villanueva, II. pp. point of view, under the Bull of 105-7. 1246, a Studiwn particulare privi- 8 Villanueva, II. p. 167 sq. legiatum. VALENCIA. LISBON AND COIMBRA. 101 Studium at length obtained a Bull of foundation and privi- CHAP. vii. lege from the Valencian Pope, Alexander VI, in 1.500 A.D.1 !,i!_ As an indication of the advance of the Renaissance it may be noted that it was declared to be a Stuclium for ' Greek and Latin Letters ' as well as for the usual Faculties. § 13. LISBON AND COIMBRA (1290). The principal monograph on this University is LEITAO FERREIRA, Notidas chronologicas da Universidade de Coimbra (in Colleccam dos Documentos da Acad. Real da Historia Portugucza, Lisboa, 1729), which unfortunately con tains but few documents. These DENIFLE (I. 519-534) largely supplements from the Vatican Archives. I have also made use of an anonymous Notice Historique de VUn. dc Coimbre, Lisbonne, 1878. The short Statutes of 1309 and a few other documents are printed by RiBEiRoin Dissertacoes chronologicas e criticas, T. II. Lisboa, 1811, p. 241, and there are some notices and documents in BRANDAO, Monarchia Lusitana, Part V. Lisboa, 1752. RIBEIRO also deals briefly with Coimbra in Hist, dos Estabelecimentos scientificos de Portugal (Lisboa, 1871-76). The Exposicdo succinta da organisacao actual da Univer sidade de Coimbra by the VISCONDE DE VILLA-MAJOR (Coimbra, 1878), contains an historical introduction, as also does the Esboco historico-litterario da Fac. de Theologia da Univ. de Coimbra, by MANUEL EDUARDO DE MOTTA VEIGA (Coimbra, 1872). For copies of the last two books and for some other infor mation, I am indebted to the courtesy of Dr Viegas, Rector in 1891. For other authorities, see Villa-major, /. c. pp. 8, 9. There is a Catalogo dos Pergamin- hos do Cartorio da Univ. de Coimbra (Coimbra, i88ix, by MONTE PEREIRA ; the oldest document catalogued is dated 1381. BRAGA, Historia da Universi dade de Coimbra, T. I. Lisboa, 1892, came into my hands after this section was in type. It contains some fresh facts illustrated with considerable learn ing, but some of the quotations from Comte and Mr. H. Spencer might have been spared. There is a Portuguese translation of Denifle's section with notes by RODRIGUES (A Universidade dt Lisboa- Coiinbra), Coimbra, 1892. The large number of Universities in Spain testifies to the essential distinctness of the Spanish kingdoms which continued to assert their individuality in spite of their rapid political amalgamation culminating in the Spanish Monarchy of Charles V. The unity of the kingdom of Portugal from its first foundation to the present day is The proclaimed by the fact that throughout its history it has possessed (if we except the Jesuit University of Evora) but one national University2. Its Founder was the first Portu- 1 De la Fuente, I. p. 347. of the Abbey of Alcobaca establishing 2 Fortunato de S. Boaventura in 1269 a Studium of Grammar, Logic, (Hist, da real Abbadia de Alcobaca, and Theology, ' ad communem utili- Lisboa, 1827, p. 55) cites the charter tatem monachorum nostrorum et 102 THE UNIVERSITIES OF SPAIN AND PORTUGAL. CHAP. VII, guese Sovereign who inherited the whole kingdom of !J2l ' Portugal and Algarve,' the first Portuguese monarch great in the arts of peace, the poet-king Diniz. While, however, the Portuguese University has ever since maintained a cer tain historic continuity, it has changed its local habitation more frequently than any other University in the world, with the exception of the ever-migratory University of the Papal Court. Its original seat was at Lisbon. There are some scanty notices of Church Schools before the University epoch at Lisbon1, but most of them were monastic, and the most famous of the Portuguese Church Schools was not at Lisbon but in the Metropolitan City of Braga2. The University of Lisbon is one of those which were made, and not evolved. In 1288 a petition was presented to Nicholas IV by the Abbot of Alcoba9a, the Prior of Santa Cruz in Coimbra and other ecclesiastics praying for the establishment of a Studium Generale to be supported by a tax upon the convents or benefices of Papal Bull the petitioners3. In 1290, accordingly, a Bull of privilege 13 "' was issued4. It was not, however, quite in the form of an ordinary Bull of foundation. It recognizes the University as already founded by King Diniz5, and recites that omnium appetentium incompara- 2 Mon. Lusit. V. p. 524 ; Motta bilem scientiae margaritam ' : but as Veiga, p. 19. the Abbot of Alcobaca is found in 3 Mon. Lusit. p. 530; Ferreira, p. 1288 at the head of the petitioners 41; Motta Veiga, p. 22. De la for a Studium at Lisbon, it may be Fuente's claim (I. p. 69 sq.) for assumed that no great success at- Coimbra as ' the most ancient Uni- tended this interesting— and perhaps versity ' in the Peninsula is quite unique— attempt to establish some- unfounded. thing like a Studium Generale in con- 4 Much is made of the statement nexion with a Monastery. Ribeiro that S. Antony of Padua was sent (Hist. I. p. 13) also speaks of the foun- to school at S. Mary's Church, close dation in 1286 by D. Domingos Jardo, to which he was born : but it is clear Bishop of Evora and Lisbon, of a that he was very young at the time, 'College or Seminary' for estri(!ted and to contemplate no limit to their authority : but by powers of 1340 the democratic spirit seems to have so far spread from the legal to the medical University that any alteration tion. of the Statutes which affected the students now requires their consent as well as that of the Masters 5. The rights 1 Cartulaire, I. p. 222 ; Fournier, Oxford. Cartulaire, I. p. 229; Four- II. Nos. 911, 912. At times, how- nier, II. No. 914. ever, we find the Pope ' reserving' 4 Germain, £cole de Mcd. p. 26; the Chancellorship to himself. Car- Cartulaire, I. p. 68. The student tulaire, I. pp. 250, 254 ; Fournier, II. Proctorship was suppressed in 1550, Nos. 925, 926. Each Master could but the Consiliarii still retained the license his own Bachelor and present right of petition and remonstrance him to the Rector. Cartulaire, I. against the irregularities of the Doc- p. 187 ; Fournier, II. No. 885. tors. The Consiliarii, who at this 2 Cartulaire, I. pp. 341, 343; Four- time were actually appointed by the nier, II. No. 947 quater. The Senior Dqctors from among the students, Master is entrusted with certain were abolished in consequence of a functions by the Legate in 1220, revolutionary movement among the though the name Decanus does not students in 1753. From other evi- appear. dence, however, it would appear 3 Another parallel with Oxford is that they were selected by lot from the use of the Oxford term ' cetus among the Bachelors, magistrorurn ' which I have rarely 5 Cartulaire, I. p. 367 : Fournier, II. noticed except at Montpellier and No. 947 quater. At the same time 122 THE UNIVERSITIES OF FRANCE. Cu. VIII, of the students do not, however, appear to have been in _ijl practice very extensive. It was only twice a year that the Chancellor summoned an assembly of the entire University of Masters and scholars1 in the Church of S. Firmin, when the students conferred with the Doctors as to the arrangement of a lecture-list for the ensuing Session, and an opportunity was afforded for the general ventilation of student-grievances. We find the students at these assemblies petitioning that lectures should be given on such and such a book 2. The student Proctor was more over at any time at liberty to remonstrate with a Doctor negligent in the performance of his duty, or otherwise infringing upon the rights of the students 3. But, if their demands were neglected, the University of Students had no power to fine or suspend a Doctor after the summary fashion in vogue at Bologna : they could only carry their complaint to the College of Doctors or to the superior ecclesiastical authorities. This Montpellier system of con sultation and co-operation between teachers and students in the arrangement of lectures constitutes one of the few pieces of medieval student-autonomy which might possibly be imitated with advantage by the modern University reformer. The period of study required for the Bachelorship in Medicine was fixed in 1340 at twenty-four months of actual all previous Statutes are quashed, sorum : 'Anno Domini XVi- elusion of the Doctors in the Guild and by a tolerably jealous assertion of the episcopal supremacy over the Studium. In its main outlines these Statutes no doubt represent the de facto constitution of the Studium before their enactment. Legatine The Rector is to be elected from among the Doctors by l^e outg°mg Rector and Councillors : he is to be confirmed by the Bishop, who is required to grant the confirmation as a matter of course ; but the Rector is to swear obedience to the Bishop, and his power of decreeing a cessation without the consent of the Bishop is limited to a period of eight days. The Doctors are only enjoined to swear before the Rector to give their lectures according to the Statutes, but do not take a general oath of obedience to the Rector and University as at Bologna. There are to be twelve Consiliarii, one elected from the Chapter of Maguelone, one from the town — that is, presumably the students who were natives of the town — the rest ' according to Nations and provinces of Nations, as hitherto observed.' These Nations were (as has been mentioned) Provence, Burgundy, and Catalonia : the Rector being elected from each Nation in turn 1. The Councillors were in practice usually Licentiates or Bachelors. In this University, as in many others of the same type, it is curiously difficult to determine with what authority the power of Statute-making ultimately rested. It is clear enough that the ordinary governing body of the University was the Rector and his Facilitates of Canon and Civil Law. Faculty (Canon and Civil Law) in It is clear that there was a close and addition to the Prior of the joint limited College of Regent Doctors (to College. In 1341 the Bishop at- whom were no doubt reserved the tempted to give the insignia to a rights of a ' Faculty of Promotion '): Doctor as well as to license him but they did not enjoy the same (Cartulaire, I. pp. 399 400; Four- monopoly of ordinary Lectures as at nier, II. No. 958). The sequel is Angers and Orleans. The exact not known : but the later practice extent of their privileges must be certainly was for this to be done by left doubtful. I see no reason for a Doctor. calling into existence (with Fournier, l Cartulaire, I. p. 319: Fournier, Hist. III. p. 418) a Prior of each II. No. 947. MONTPELLIER. 129 Councillors, and the Statutes were promulgated by the CH. vm, Rector with the consent of the Council. But sometimes the §MIj. ' advice ' of the Doctors is also mentioned, and sometimes also that of many nobles and other ' notable persons.' Occasionally these persons formally claim to be the ' major and saner ' part of the whole University ; but it is clear that, if the whole body of students was ever summoned and allowed to exercise any real voice in legislation, this was an exceptional rather than an ordinary method of procedure. It must be remembered that even in the University of Bologna itself Statute-making was an affair of very rare occurrence, and even the Statutes were made only by the nominees of the students, not by the students themselves. Finally, it must be observed that at Montpellier, even after the students had obtained the Con stitution of 1339, important Statutes still seem to require the consent of the Bishop 1. The Statutes contain nothing about the jurisdiction Jurisdic- in cases of scholars, which remained with the Bishop2. tlon' Throughout the history of Montpellier the relations between citizens and students were somewhat exceptionally strained; but we must forbear to enter into the details of such quarrels. The great subject of contention was thn right claimed by the students to import wine into the town in spite of the protective system which excluded all wine except that grown on the land of citizens 3. 1 Fournier, II. Nos. 1081, uu sq. which had for many years been The appointment of a Master of the taken away from the ordinary Taxors Ceremonies {Preceptor ceremoniaruwi) (ib. pp. 424, 430, 482; Fournier, II. in 1491, to marshal processions, Nos. 976, 980). A special body of &c., is a feature which I have not 'Guardians' for the Medical Univer- noticed elsewhere. Fournier, II. sity were appointed in 1395 (Car- No. 1195. tulaire, I. p. 670). There is no 2 Cartulaire, I. p 403. Afterwards mention of Conservators Apostolic in 1351 the Royal Judex Parvi Sigilli till the time of Martin V (1421). was made Guardian or Conservator of Fournier, II. No. 1089. Privileges, with a certain jurisdiction 3 Cartulaire, I. p. 332 ; Fournier, including the taxation of houses II. No. 947. &c. VOL. II. K 130 THE UNIVERSITIES OF FRANCE. III. The University of Theology. CH. vni, The regular Orders made a practice of establishing their -til Studium Generale or chief School of Theology for the province in the towns where there was a secular University, even where there was no secular Faculty of Theology. A College was founded for the Carthusian monks of Valmagne by James I in 1263!. And round this nucleus it would seem that something like a Studium of Theology grew up 2, though it is certain that there was no graduation in Theology or jus iibiqne docendi 3 till the Bull of Martin V in 1421, which created a Studium Generale in Theology with the Bishop as Chancellor. Its students remained members of the legal University ; its Masters formed a College with a Dean of their own4. It is just worth noticing that Regulars were not at Montpellier, as in most Universities, excluded from the Rectorate. In the declining days of the School the monastic Colleges formed too large an element in the University to be ignored. There were not too many students at Montpellier as well off as a Benedictine Prior5. IV. The University of Arts. Arts held the subordinate position which they had every where in the Law Studia, but there was a regular University of ' Doctors and students in Arts ' at least as early as 1242. 1 Cartulaire, I. p. 197 sq. ; Four- But the Bull may mean a ' studium nier, II. Nos. 892, 893. generale ' of the Order, and monastic 2 King John of France in 1351 students educated elsewhere often granted to the Bedels of the graduated at Paris. Or the College ' Societas ' of Theological Masters may have been founded in anticipa- the right of carrying silver staves tion of a Studium Generale in Theo- like the Bedels of the other Faculties. logy, for which the City petitioned, Cartulaire, I. p. 428. circa 1365. Cartulaire, I. p. 474; Four- 3 The Bull of 1289 does not men- nier, II. No. 994. Cf. Dcnifle, 1.348 ; tion Theology ; yet a Bull of 1364 Germain, III. 63. for the College of S. Ruf speaks of 4 Fournier, Nos. 1092, 1112. At Montpellier as a 'studium generale' the same time the Pope conferred in Theology as well as Canon Law, the ' Jus non train extra ' (ib. No. and the students were certainly to 1095) and many other privileges, graduate in Theology (Cartulaire, I. 5 Fournier, II. No. 1081. p. 464 sq. ; Fournier, II. No. 992). MONTPELLIER. j 3 r the date of an extant Code of Statutes1. These Statutes, CH. vni, like all very early Statutes, are extremely short and simple: _?J_ but they are sufficient to exhibit one or two very striking constitutional peculiarities. The Statutes are not made by the Masters, but imposed upon them by the authority of the Bishop. There is no trace of a Student-university, except that after the Dean, who is the Head of the Faculty, there is mentioned a ' Rector of the said University.' This Rector is a Master, and it is improbable that he was elected by the students. After the French annexation, the School of Arts was placed under the more direct control of the Consuls, and the single Regent of Logic and Grammar received a Municipal salary. The Faculty, though it continued to give degrees, became really— as in many other French provincial Universities— little more than a Grammar-school2. The Colleges at Montpellier were, (i) the College of Colleges. Valmagne, already mentioned (1263); (2) the College of Brescia or Pezenas, founded in 1360 by Bernard Trigard, Bishop of Brescia 3 ; (3) the College of S. Ruf, founded in 1364 by Cardinal Angelico Grimouard, brother of Urban V5 for eighteen Canons Regular of the Monastery of S. Ruf at Valence 4 ; (4) a Benedictine House, partly Monastery, partly College, and known as the College of S. Benedict! founded in 1368 by the Benedictine Pope Urban V (who had been a Montpellier student), and dependent upon the Abbey of S. Victor at Marseilles 5 ; (5) the College of Mende or des Douze-Medecins, also founded by Urban V in 1369 out of Church property, for the benefit of his native diocese of Mende— perhaps the first purely medical College in Europe6; (6) the College founded by Michael Boel, \ Cartulaire, I. p. 190. • Cartulaire, I. p. 551 ; Fournier, Faucitton in Revue Arche'ol.deM. II. No. 1010. The Statutes (Cartu- T. IV. p. 248 ; Fournier, II. No. 1197. laire, I. p. 609 sq. ; Fournier, II. No. Fournier, II. No. 1067. 1025) are the only College Statutes 4 Cartulaire, I. pp. 464, 495 ; Four- I have noticed which prescribe mini- nier, II. Nos. 992, 1006, 1218. mum hours of study, i.e. lectures for 5 Cartulaire, I. p. 492; Fournier, three 'horas magistrales,' one or II. No. 1004. more ' horas licentiatorum seu bacal- K 2 132 THE UNIVERSITIES OF FRANCE. CH. VIII, Physician, for Medicine, in 1421 l ; (7) the College of Gironne §J- or Aragon or du Vergier. partly legal and partly medical, founded in 1460-68 by Jehan Brugere, Master of Medi cine, and Jehann du Vergier, President of the Parlement of Languedoc 2. Besides there were of course, as in most University towns, the Convent-colleges of the four great Mendicant Orders. Medical We have seen that in the twelfth century Montpellier was already one of the great Studia of Europe— all but on a level with Paris, Bologna, and Salerno. This position it retained till about the middle of the fourteenth century. The growing influence of the Arabic medicine, with its astrological and alchemistic absurdities, may repre sent a real retrogression in Medical Science 3 : but it in no \ way diminished the fame of Montpellier. Rather its fame was enhanced by the decline of the ' Civitas Hippocratica.' No medieval Physicians stood higher, than Arnauld of Villeneuve, Bernard de Gordon4, and the other Montpellier Doctors of this period ; and, on the other hand, it was just at the moment when the Arabic influence became predominant that a new era in the history of Surgery was introduced by the Montpellier Physician Gui de Chauliac 5 : here the men of the later Middle Age unquestion- lariorum,' and three hours' private Villeneuve, whose medicine was study before supper. The Rector highly alchemistic (ib. p. 38). Some- was the senior student and held times the Montpellier Physician de- office for three years. scended lower than alchemy. Ger- 1 Fournier, II. No. 1088. The son has occasion to denounce a document is simply a bequest. Montpellier Physician who recom- Nothing seems to be known as to mended a talisman for kidney-disease, its actual execution. Astruc, pp. 91, 212. 2 Fournier, II. Nos. 1167, 1169, * Known as the author of the 1170. The College of Gironne has Lilium Medicince, printed at Frank- sometimes been mistakenly made a furt in 1617, Venice 1496, and else- distinct College from the College du where. Vergier. The Statutes are remark- 5 Author of a treatise on Anatomy able as giving the Patron absolute styled Inventorium scu Collectorium authority over the College and its in parte Chirurgicali scientice Medicince, administration. published in 1367. Aigrefeuille (1737) 3 Prunelle, p. 20 sq. Raymundus II. p. 346. Cf.Prunelle, p. 43 s#. This Lullius was a pupil of Arnauld of same Physician, so really eminent in MONTPELLIER. 133 ably advanced beyond the Arabs and the Jews, with whom CH. VIII, the superstitious horror of mutilating a corpse forbade §,*' much progress in Anatomy or Surgery. The same super stition had been shared by the Christian Church 1 ; but the Statutes of 1340 provide for at least one 'anatomy' in two years 2. The results even of the scanty opportunities for anatomical study thus afforded were by no means contemptible. It is said that operations were successfully performed in medieval Montpellier which were unknown to surgical practice at the beginning of the present cen tury, and cures effected of diseases then regarded as incurable 3. It should be added, as an illustration of the influence of the works of the ancient physicians upon medical progress, that most of the operations or remedies adopted by Gui of Chauliac appear to have been known to the ancients and adopted by him from their writings. After the middle of the fourteenth century a rapid Declin decline is discernible in the position of Montpellier. In 1362 the University of Law complains bitterly to its alumnus on the Papal throne, Urban V, that whereas it once possessed 1000 students there were now scarcely ioo4. The Colleges founded by Urban V and other acts of patronage seem to have produced a slight revival. The Surgery, accounted for the plague of 2 Cartulaire, I. p. 344 ; Fournier, 1348 by a conjunction of Saturn, II. No. 947 quater. In 1376 increased Jupiter, and Mars (Germain, III. to one a year. (Cartulaire, I. p. 569; p. 119). The fact that Surgery was Fournier, II. No. 1020.) practised by Physicians shows the 3 PruneJle's treatise contains a superior position of the art as com- number of details of great interest. pared with the position it held at He (p. 43) says of Gui de Chauliac Paris. The Surgeons were not, how- that he ' pratiquoit la plupart des ever, usually Physicians. By an operations qui sont encore en usage, edict of Charles VI in 1399 the prac- Celles de la cataracte, de la taille tice of Surgery is forbidden without lui etoient familieres. Ce fut lui qui the licence of the Consuls granted releva la methode de Celse,' &c. after examination by the Magistri Among the diseases, since regarded Jurati. Cartulaire, I. p. 682 ; Four- as incurable, which Gui treated nier, II. No. 1055. successfully are cancerous tumours, 1 The mutilation of corpses had which he is said to have cured by been forbidden by Boniface VIII. means of arsenic. Ib. p. 44. (Extravag. commun. lib. III. tit. vi. 4 Cartulaire, I. p. 450 sq. cap. i.) 134 THE UNIVERSITIES OF FRANCE. CH. VIIL roll of petitioners for benefices despatched to Clement VII -Jl in 1378 still shows the names of some 380 graduates and students in Law, but the medical roll contains only fifty- six names1. Of course the roll only contains the names of ecclesiastics, who in the case of the medical students would hardly be a large majority. About 1390, however, we find the University complaining bitterly of its diminish ing numbers2. Many causes may be assigned. The French annexation, the consequent estrangement from Spain, the growth of rival Universities at Perpignan and elsewhere, may have had some effect3. But it is more important to notice that the system of Salaria was never introduced at Montpellier till the close of our period, which must have made it difficult for the University to compete with better endowed institutions. Nor did the restriction of the ordinary lectures to a small number of specially appointed Professors answer the purposes of an endowment as in some other French Universities. As a School of Law the fame of the University disappears after the four teenth century. But the importance of its medical School 1 Cartulaire, I. p. 578 sq. 3 I see no reason whatever for 2 About 1390 (Cartulaire, I. p. 649 ; ascribing the decline of the Uni- Fournier, II. No. 1060) the Medical versity with Fournier (Hist. III. p. students petition the Consuls and 389) to 'le pouvoir trop absolu de Royal Councillors against the Mas- 1'autorite ecclesiastique.' For (i) ters, who have nearly ruined the Uni- this power was not greater, but on versity by their ' exhigua diligentia the whole less, in the second half of et effrenata cupiditas obcecantis our period than in the first, and (2) avaricie/ and the promotion of this power was not greater at Mont- ' appothacharios et barbitunsores ig- pellier than in some Universities, naros.' How low the University had e.g. Angers and Orleans, which con- sunk in the fifteenth century may be tinued flourishing. Equally little gathered from the ruinous condition ground is there for attributing it of the College des Douze-Medecins (with Germain) to the hostility of in 1422, when we find a student the Consuls. It must be remembered describing himself as ' unicus colle- that the fifteenth century was a giatushonorabilis collegiidominorum period of decadence in the Uni- [? leg. duodecim] medicorum.' Four- versities generally, though not nier, II. No. noo; Guiraud, Le College equally so everywhere. I do not des Douze Mcdecins, p. 24. The re- see any evidence that the Pope building of the College in 1494 (Gui- nominated Professors here (Hist. raud, p. 27) is a sign of life in the III. p. 486). University. MONTPELLIER. 135 was by no means at an end. The Renaissance introduced CH. VIII, a period of revived activity ; and this revival was powerfully Jjl stimulated, under the influence of their Montpellier Physi cians, by Charles VIII and Louis XII. The latter in 1498 made an annual grant of 500 livres to the Studium, 400 of which were to be devoted to providing salaries of 100 livres per annum for four Doctors1. Sooner or later the old system of an unlimited number of unendowed Regents everywhere broke down. When it was not supplanted by endowment, University teaching was superseded (as at Paris and Oxford) by the College system. The influence of the Renaissance was as much felt in Continu- the Schools of Medicine as in those of Theology and Arts. In i ^37 a new era is marked by the announcement of fame of ^^' . . . , ^ , Mont- a course of lectures upon Hippocrates m the original Greek peiiier. by the illustrious Rabelais 2, and from this time the Greek influence again becomes predominant at Montpellier, though lectures on the Arabic Physicians occasionally make their appearance upon the Lecture-lists up to 1607 3. In the seventeenth century Montpellier still continued to be a formidable rival to Paris 4, and to attract students from distant countries. Our own Sir Thomas Browne studied at Montpellier as well as at Padua and at Leyden. The 1 Fournier, Hist. III. p. 4°°; petition of the students in 1567. Statuts, II. No. 1209. Among other (Ib. p. 75.) How faithful the School favours granted by Charles VIII was remained to the Greek tradition may a prohibition to the Master Chirur- be inferred from the fact that in 1673 geons of Montpellier in 1486 to make a Doctor was required on pain of new ' Masters in Chirurgery ' unless suspension to cease teaching a doc- they had been examined and approved trine contrary to that of Hippocrates, by the Chancellor or Dean and one Aristotle, and Galen. The Medical Doctor named by the Faculty teaching continued to consist chiefly (Fournier, II. No. 1186). in lectures upon the Greek texts till - 'D. Franciscus Rabelaesus pro the eighteenth century, when they suo ordinario elegit librum pro- take a subordinate place. (Ib. p. 100.) gnosticorumHippocratis quern Greece * Especially during the short interpretatus est.' Liber Lectionum, period at the beginning of the seven- ap. Germain, La Med. Arabe, p. 15. teenth century, when Montpellier 3 Germain, £cole de Med. pp. 93, was Protestant. At this time the 94. The Arabic authors were, how- Law-School revived under Pacius ever, struck out of the ' books re- and other eminent teachers. Casau- quired for the Schools' on the bon was here from 1596 to 1599. 136 THE UNIVERSITIES OF FRANCE. CH. vill, constitution of the University, with all its ecclesiasticism JLtl and medievalism, survived with few changes till the Revo lution : and even at the present day a tradition of the extinct University seems to place the ' Faculty of Mont- pellier' at the head of the French provincial Schools of Medicine. § 2. ORLEANS. LE MAIRE, Histoire et Anhquitez de la Ville et Duche cT Orleans (Orleans, 1648;, p. 332 sq., traces the University back to the Druids, but prints a few documents. GOYON, Hist, de V jfrglise d Orleans (Orleans, 1650;, contains scattered notices. The principal modern work is BIMBENET, Histoire de rUniversite de lois d' Orleans, Orleans, 1853 ; also Les ecoliers de la nation de Picardie et de Champagne a FUniv. d Orleans, in Mem. de la Soc. arch, de rOrlc'anais, T. XX. (1885) ; and Chronique historique extraite des Registres des Ecoliers Allemands, in Memoires de la soc. d' agriculture, sciences, &c., d'Orle'ans, 1874. LOISELEUR has an article on Les Privileges de YUniversite de lois d' Orleans, in Memoires de la Societe Archeologique de VOrleanais, T. XXII. (1889). A most interesting account of the earlier Schools of Rhetoric and Grammar is given by LEOPOLD DELISLE in the Annuaire Bulletin de la Soc. de FHist. de France, T. VII. p. 138 (1869). See also Mile A. DE FOULQUES DE VILLARET in Memoires de la Soc. archeologique de I'Orlcanais, T. XIV. (1875). A few documents were pub lished by THUKOT in Bibliotheque de T Ecole des Chartes, T. XXXII. (1871), p. 379 sq. But all collections of documents are now superseded by Four- nier s collection. FOURNIER has also a monograph on La Nation allcmande a F Universite' d'Orle'ans, in Nouv. Rev. Hist, de droit, 1888. The ancient We have already seen that in the earlier Middle Ages some instruction in Law everywhere entered into the ordinary curriculum of the Schools as a branch of the ' Liberal Arts.' In the ninth century this was the case as much in France as in Italy. But both in Italy and in France there were one or two Schools at which the teach ing of Law gradually attained an exceptional prominence, and the teachers of Law eventually became a distinct body under the title of Masters of Law. The position which was held in Italy by the Schools of Ravenna, Pavia, and afterwards of Bologna, was occupied in France by the Schools of Lyons and Orleans. With Lyons, since in the Middle Ages it never rose to full University rank, we are not concerned. Of the legal fame of Orleans we have an interesting illustration in the account of a suit between the great monasteries of Fleury and S. Denys which took ORLEANS. 137 place about the year 830 l. The case was heard by the CH. vill, Bishop of Orleans and the Count Donatus of Melun as _i^l Royal Judges : but, since the dispute related to Church property, the proceedings had to be governed by Roman Law, with which the Royal Judges were unfamiliar. They therefore adjourned the case to Orleans, where they could have the assistance of ' Masters ' or ' Doctors of the Laws 2.3 Respecting this ancient Law- school, we have little more The - direct evidence till the thirteenth century ; though, accord- ing to Fitting, its existence and importance at the end of the eleventh and the beginning of the twelfth centuries are attested by the production of the compilation known as the Brachylogus, which he believes to have been composed in that place. The same writer also gives reasons for believing that in the earliest period the law-teaching of Orleans was based on the West-Gothic Breviarium, and that it was not till a later period that the older law texts were introduced into the School 3. In the twelfth century, however, we hear most of the TheClassi- fame of Orleans as a School of Grammar, Rhetoric, and ° Classical literature, subjects we must remember at that twelfth . ,. century. time more closely connected with legal studies than was the case in the later Universities 4. At the School of 1 A still earlier instance is cited by Heitnat und das Alter dcs soge- Fitting from Mabillon, A. SS. Ord. nannten Brachylogus, p. 36. 5 Bened. (Yen. 1733) saec. I. p. 144, * This seems to me to be forgotten where S. Lifardus, a native of Or- by Denifle when he denies all con- leans, is described as ' in causarum nexion between the Law-university temporalium legibus discretor prae- of the thirteenth century and the cipuus.' ancient Classical Schools. I am glad 2 ' Visum est missis dominicis pla- to find my view supported by Four- citum Aurelianis mutare. Venientes nier, Hist. III. p. 5 sq. It may just itaque ad condictum locum legum be worth mentioning as suggesting magistri et iudices utraque ex parte the continuity of the Law School acerrime decertabant. Enimvero that a l Magister scholarum Aurelia- namque adcrant legum doctores tarn nensium ' is one of the Papal delegates ex Aurelianensi quam ex Vastinensi for the decision of a dispute between provincial Pertz, 55. XV. p. 490. the Bishop of Paris and the Abbot 3 Die Rechtsschule zu BoL pp. 46-48, of Ste Genevieve in 1201. Migne, 67, cf. above, vol. I. p. 105 ; Uber die T. 214. c. 1188. i38 THE UNIVERSITIES OF FRANCE. CH. vin, Orleans were educated the Classical commentators l, the JLi. professional letter-writers 2, and the versifiers of the twelfth century. Orleans seems to have escaped almost wholly the dialectical frenzy of the age: here, and here almost alone after the decline of Chartres, there lingered down to at least the middle of the thirteenth century the classical traditions of the age of Bernard and John of Salisbury. A versifier of the time of Innocent III still places Orleans, as the School of Letters, on a level with Salerno the School of Medicine, Bologna the School of Law, and Paris the School of Logic 3 : while in the Battle of the Seven Arts, a French poem of the same period, Grammar is personified as the lady of Orleans, as Logic is the lady of Paris 4. This School of Grammar, however, appears to have dwindled into insignificance before 1300 A. D., though even in the second half of the thirteenth century the clerks of Orleans 1 Several commentaries on Lucan's Pharsalia and on the amatory works of Ovid emanated from the School of Orleans. Delisle, p. 144. 2 All the Secretaries of Popes Alexander III and Lucius III were educated here. /. c. p. 153. ' Dic- tamen ' is spoken of almost as the name of a distinct Faculty at Orleans. A Master of the School is styled ' Magister in Dictamine.' /. c. p. 156. Cf. above, vol. I. p. no sq. 3 ' In morbis sanat medici virtute Salernum ^Egros. In causis Bononia legi- bus armat Nudos. Parisius dispensat in artibus illos Panes unde cibat robustos. Aurelianis Educat in armis autorum lacte tenellos.' — I.e. pp. 143-4. 4 The poem is printed by Jubinal in his edition of Rutebeuf (Paris, III. l875> P- 325 sq.\ Three lines of the poem are worth quoting on account of the light they throw upon the rare word with which they conclude : ' Car Logique, qui toz jors tence, Claime les auctors auctoriaus Et les clercs d'Orliensglomeriaus.' Cf. below, chap. xii. § 8. Most of the Latin poets are mentioned in this composition, but few of the prose writers (Seneca is an excep tion), which shows that the classical culture of Orleans was far behind the level attained by Chartres in the preceding century. Even the most unintelligent study of the Latin Aristotle was better than that of the silver-age poets who absorbed the energies of the scholars of Orleans. Cf. also a passage, cited by M. Gatien-Arnoult in the Memoires de I'Acad. des Sciences de Toulouse, 1857, p. 208, from the discourse of Helinandus at the opening of the Uni versity of Toulouse : ' Ecce quaerunt clerici, Parisiis artes liberales, Aure lianis auctores, Bononiae codices, Salerni pyxides, Toleti daemones, et nusquam mores.' Cf. also du Meril, Poesies Pop. du Moyen Age, pp. 151, 152. ORLEANS. 139 still retained a repute for scholarship in the somewhat CH. vin, degenerate form of a skill in the art of capping verses 1. §^' In the thirteenth century Orleans began a new life as The Law- a School of the Civil and Canon Law. Though there is ^^ no reason (with Denifle) to negative all continuity between teenth the thirteenth century School of Law and the twelfth ce century Schools of Grammar and Dictamen, or to deny that Law may have continued to be studied at Orleans throughout the earlier period 2, it is probable that the revival of the School was due to external influences, and was connected with the prohibition of the Civil Law at Paris by the Bull of Honorius III in 1219 3. It is not,, however, till 1235 that we have direct evidence of a distinct Law-school at Orleans ; though we know that it was one of the places in which the Masters and scholars of Paris took refuge during the dispersion of 1229 4. In 1235 Gregory IX 5, in reply to an enquiry from the Bishop, rules that the prohibition of his predecessor was confined to Paris ; at Orleans the Bishop might freely allow its study except to certain beneficed ecclesiastics G, to whom it was forbidden by another Bull of Honorius III. That no question was raised at an earlier period is explained by the fact that a new Bishop had just mounted the episcopal throne who felt a scruple as to the legitimacy of the encouragement which his predecessor had probably given to the exiled Civilians of Paris. The prohibition of the Civil Law was highly injurious to a scientific study even of 1 Delisle, /. c. p. 147. Orleans circa 1180 A. D., but cites no 2 Fitting (Die Rechtsschule zu Bol. authorities. p. 47) insists much upon the asser- 4 See above, vol. I. p. 337. tion of Clement V in 1309, that the 5 Doc. in Denifle, Chartul. Univ. Studium of Law' laudabiliter viguerit Paris., I. pt. i. No. 106 : Fournier, I. ab antique.' So Denifle, I. p. 258 : No. 2. At the same time the Pope but he hardly allows for the short- granted a Faculty to the Bishop to ness of the medieval memory or absolve for assaults on clerks. Four- the exuberant rhetoric of medieval nier, I. No. 3. scribes. 6 It was not forbidden to all eccle- 3 So Denifle, I. p. 259. Le Maire siastics, as Fournier, Hist. III. p. 6. (P- 374) makes Bouchard d'Avesne See Appendix XI. study and profess Civil Law at 140 THE UNIVERSITIES OF FRANCE. CH. vill, the Canon Law in the -French capital : and as a School of JJL Law Orleans began almost from its foundation to surpass the fame of Paris l. From this time at least it may be considered a Studium Generale ex consuetudine ; and it remained throughout the Middle Ages the greatest Law University of France. Thomas Aquinas, indeed, places it on a level with the three great Studia Generalia — Paris, Bologna, Salerno 2. It is a curious fact that some of the Orleans Professors are said to have been in the habit of partially employing the vulgar tongue in their Lectures 3. TheScho- I hope hereafter to show that the origin of the University of Oxford must be sought in a scholastic migration similar to that which probably originated the importance of Orleans. I shall then have occasion to point out how decisive were the effects upon the constitutional develop ment of that University of the circumstance that Oxford was not the See of a Bishop. Had it been so, the Head of the Chapter Schools would certainly have claimed a juris diction over the newly established Schools of the Parisian settlers : the development of an independent University would probably have been delayed, and its constitution would certainly have been profoundly modified. At all events, this is exactly what happened at Orleans. The Scholasticus of the Cathedral, already accustomed to grant licences to the Masters of Grammar, at once claimed over the Masters of Law all the authority which was asserted, and something more than was permanently retained, by the Chancellor of Paris. The emancipation of the Masters from the capitular yoke was here very slow. The Masters no doubt from the first formed a Universitas of 1 In 1286 a Bishop of Amiens bantur.' Job. Faber (a Montpellier speaks of * Aurelianenses peritiores Jurist of the fourteenth century) ap. in jure quam Parisienses et magis Savigny, cap. xlviii. An extract is intelligentes.' Fournier, I. No. 1287. given by Savigny (cap. Ivi) from an 2 Bononia in actoribus, Aurelianis Italian Jurist in a language ' half in legibus. De Virt. et Vit., cap. ult. Latin, half Italian/ but he appears 3 ' Fuerunt (ut dicitur) Aurelia- to have employed this dialect only nenses lectores, qui partim latinum, in the moral digressions which he partim gallicum in cathedra loque- introduced into his lectures. ORLEANS. 141 T. of a University the vague and indeterminate character which had grown CH. VIII up at Paris towards the end of the twelfth century. We §,f' have tolerably clear evidence of the existence of such Growth a Universitas at the middle of the thirteenth century l. is not quite certain whether there was any Rector ; it is more probable that the Doctors had no Head except the Scholasticus. At all events the right of the University to elect a Rector was matter of dispute as late as i 270-1 280 2. And when the Doctors attempted to arrogate to themselves the powers of a really independent corporation, and to make Statutes for the government of the Schools, we find their claim disputed by the Bishop. The first written 1 When the Pastoreaux invaded Orleans (c. 1251), one of them was killed by a student, and a serious riot ensued, since the citizens took the side of the heretics. Matthew Paris concludes : ' Novum quippe et absurdum fuit, ut laicus, immo ple- beius, spreta auctoritate pontificali, in publico tarn audacter et in tali civitate, ubi viguit scolarium univer- sitas, prsedicaret . . . Exturbata est igitur tota universitas, et compertum est circiter viginti quinque clericos, absque laesis et diversimode damp- nificatis, miserabiliter occubuisse.' Chron. Maj. (ed. Luard), V. p. 250. The writer's whole tone implies the importance of the School and the large numbers of the students. The expression * scolarium universitas ' probably points to a formal Guild, though it does not prove it. Another contemporary account speaks of the ' congregationem clericorum que ibi jamdiu resederat.' Fournier, I. No. 8. An earlier brawl (in 1236) testifies to the presence of ' scholares juvenes illustrissimi et genere praeclariVMatt. Paris, Hist. Maj. III. p. 371 ; Four nier, I. No. 4). Other documents are published by Doinel, Hugnes de Boutciller et le massacre des clercs a Orleans en 1236 (Orleans, 1887), which show that Denifle's attempted correction of the date to 1241-2 (I. p. 260) is mistaken. 2 ' Lex ista allegatur cotidie ad hoc, quod universitas potest facere et eligere judicem, licet electus alias nullam habeat jurisdictionem, unde privatus consensus non facit judicem eum, qui non est alias judex. Hoc est verum, nisi sint privilegiati col- legiati, unde scolares Parisienses, qui habent Universitatem, possunt sibi eligere rectorem. Sed nos, qui sumus hie Aurelianis, singuli ut singuli non possumus hoc facere. Itaque bonum esset adire, ut impe- traretur, nam collegium illicitum est, si non fuerit a superiore approbatum ut ff. Quod cujusc. univ. 1. I. Dico colligunt hie, quod qui habet curam collegii vel rectoriam, est judex sin- gulorum de collegio seu de universi- tate et lex ista hoc dicit. Sed quod universitas eligat eum, certe lex ista hoc non dicit nee lex alia.' This is an extract from the Lectura? of the Orleans Professor, Jacques de Re- vigny. (Fournier, I. No. n.) The date is not certain. Note the con trast between this French view of the Law of Corporations and that of Italian Jurists. See above, vol. I. PP- 153 s1-> 302 sq. 142 THE UNIVERSITIES OF FRANCE. CH.VIII, Statute of which we have any record was made between _Lfl 1288 and 1296, for the purpose of limiting the number of 'ordinary' lecturers. It fixed the staff of the University as follows : two Doctors in Decrees, three in Decretals, and five in Civil Law. The Statute is enacted by the Scholasticus after deliberation with the Doctors and the Chapter, and with the consent of the Bishop1. At the beginning of the following century, however, a new Bishop wanted the Doctors to admit a sixth Civilian, and, upon the refusal of the University, threatened to add four or five more to the number at his own pleasure. An appeal to Rome followed ; then the Bishop by his own authority allowed the intruded Doctor to lecture, and, to stop the progress of the appeal, forbade the Doctors to hold Congregations without his special leave. The upshot of the affair was that Bulls of a few years later (1306) a series of Bulls were procured from Clement V (once a student of Orleans), which recognized a University after the manner of the University of Toulouse 2, and conferred upon them some of the rights hitherto monopolized by the Scholasticus — the right of making Statutes for certain definite purposes, the right of electing a Rector, and all the privileges of the University of Toulouse. The prison of the Scholasticus was abolished; and his jurisdiction transferred to the Bishop. Provision was also made for the taxation of houses 3. Although the Bull seems to confer power only on the Masters, the practice of Toulouse was that the students should enjoy at 1 ' Prefatus scolasticus ad quern 2 ' Habeant Universitatem et col- ejusdem studii gubernatio et dis- legium regendum et gubernandum positio ab antique approbata et hac- ad modum Universitatis et collegii tenus pacifice observata consuetudine generalis studii Tholosani.' Four- pertinet. .. habito super hiis tarn cum nier, I. No. 19. doctoribus tune in dicto studio legen- 3 Fournier, I. Nos. 18-22. The tibus, quam cum capitulo ecclesie dili- limitation of the chairs to five appears genti tractatu, de ipsorum consensu to have been maintained, since et voluntate, interveniente insuper Bachelors from other Universities auctoritate tua, qui tune Aurelianensi swore ' quod juxta statutum apo- ecclesie presidebat . . . duxit . . . stolicum doctorum juris civilis nu- statuendum.' Fournier, I. No. 17. merum quinarium observabit.' Bim- (Bull of 1301.) benet, p. 204. ORLEANS. 143 least a nominal participation in the government of the CH. VIII, Studium. Accordingly we find the Statutes enacted by J^i the Rector, the Doctors, and the Proctors of the ten Nations, the latter being students and elected by students 1. It is probable (though not certain) that this student- organization had existed in some form or other from a much earlier period 2. The Masters and scholars had hitherto lived in Orleans Quarrel without any special University privileges whether Papal or Royal ; and the reader will by this time have seen too much of the invidious character and working of these privileges to be surprised at their introduction being resented by the townsfolk, however necessary they may have been to protect the students from as bad or worse oppression at their hands. When in 1309 the Masters and scholars had assembled to hear a certain Papal Bull read in the Dominican convent 3. the Assembly was dispersed by a violent irruption of burghers, who significantly reminded them of a great massacre of clerks by the Pastoreaux fifty-nine years ago4 and declared that they would never be at peace with the gownsmen until they renounced their privileges5. In 1312, after three years of confusion, Philip IV —who was just completing his subjugation of the Papacy, 1 Fournier, I. No. 22. the Church of Notre -Dame-de- 2 It is noticeable that at Toulouse Bonne-Nouvelle. Bimbenet (p. 297) there were also, in 1311, ten Con- describes a very beautiful building siliarii, sometimes styled Procurat 'ores, (as still surviving) of the fourteenth or but of these fourwere Masters. There fifteenth century traditionally known were no Nations at Toulouse. See as the Salle des actes ou des theses. below, p. 166. But Fournier (Hist. III. p. 192) 3 The Bull read was probably speaks of the Grandes Ecolcs as No. 25. The fact that the Uni- having been destroyed 'dans ce versity Congregations met in the siecle.' Dominican convent appears to be * The text has LXIX. Either this Bimbenet's only authority for sup- must be a distinct episode from that posing that the Schools were held mentioned above (p. 141, n. i), or here also. Of course his theory more probably LXIX is a mistake for (p. 306 that the University grew LIX. As to the date of the incident out of the Convent schools is quite itself, Fournier appears to be wrong contrary to all analogy and proba- in giving 1310. See Denifle, I. p. 260, bility. Afterwards the usual meeting n. 161. place was the University Chapel in 5 Fournier, I. Nos. 27-31. 144 THE UNIVERSITIES OF FRANCE. CH.VIII, of the Templars, of the Archbishop of Lyons, of the clergy _t^l throughout his realm — declared in favour of the Town. The Masters and scholars were forbidden to exercise their Papal privileges, to hold Congregations, to elect a Rector, to demand oaths or assume any other rights of an inde pendent corporation. Both the Universitas and the Nations were suppressed. Only the Masters might meet at the summons of their Dean to make necessary regula tions for the most strictly scholastic purposes l. By way of adding insult to injury, the King attempted to compensate the scholars for the loss of their University rights by handing them over to the protection or surveillance of the Bailiff and Provost of Orleans, the latter being made Conservator of such privileges as the King chose to recognize 2. After a few more years of discontent and agitation the scholars determined to resort to a remedy which seldom failed to extract reasonable terms from the Migration enemies of scholastic liberty. A little before Easter 1316 I3I(5 ' the whole body bound themselves by an oath to leave the town if their demands were not acceded to before the ensuing festival. The threat was executed, and the Masters and scholars decamped in a body to Nevers :5, 1 Fournier, I. Nos. 36-40. The as a studium ' liberalium artium, Ordinance, No. 37, is instructive precipue juris,' &c., but there is no as an account of the clear distinc- trace of any organized Studium ex- tion which it draws between the cept in Law after the decay of the Studiuin Generate and the Universitas. old Schools of Rhetoric. ' Universitatem hujusmodi que cau- 2 Fournier, I. Nos. 35, 37, 41. sam huic prestabat scandalo, nee - Ib. No. 47. The consent of the fuerat auctoritate nostra subnixa, town of Nevers was only obtained tolli decrevimus . . . Ceterum . . . stu- by a renunciation of most of the dium generale presertim juris cano- University privileges. It will be nici et civilis, dante Deo, perpetuum noticed how different the feeling of ibidem esse volumus, hoc salvo quod northern towns, who regarded Theologie magistri nullatenus ere- scholars as ' clerks,' was to the wel- entur ibidem, ne detrahatur privi- come generally accorded to migrating legiis Romane sedis studio Parisiensi students by the Italian cities. The concessis . . . Congregationes gene- settlement at Nevers ended in a riot, rales, que necdum vagandi, sed fre- in which the citizens pitched the quenter scandali materiam prestare Doctors' cathedrae into the river to solent, inhibemus eisdem.' It is float back to Orleans, ' clamantes alta observable that Orleans is spoken of voce, " Ecce studium portamus in ORLEANS. 145 which then lay in Burgundian territory. Pope John XXII CH. vin, (an alumnus of Orleans) interposed on behalf of the exiled scholars, and Philip V was at last driven to accept his mediation. The compromise which he suggested — the limi tation which it imposed upon the privileges of scholars — shows exactly where the shoe which the burghers of the University Town were required to wear, pinched most intolerably. By the Pope's mediation it was arranged that Com- the University should never interfere as a corporation in Promiss- disputes between a private citizen and an individual scholar1. If the criminous scholar was still allowed almost total impunity through his exemption from the jurisdiction of the lay tribunals, the Town Magistrates were at all events freed from the necessity of allowing their fellow-citizens, guilty or innocent, to be imprisoned or heavily fined at the bidding of the academical authorities for fear of a 'suspension of lectures,' or an eventual dispersion 2. The terms were accepted by the Town and Confirmed enforced by a Royal edict in 1320: after which the scholars returned to Orleans. It is from this time that the most flourishing period in the history of the Univer sity begins. The rotulus beneficiandorum presented to Numbers. Benedict XIJI in 1394 contains the names of ninety-five resident Licentiates in one or both Laws 3, and in all (844 ripperia Ligerris submergendum, et (Fournier, I. No. 55). The privilege postmodo de scolariis (sic] simili was the more invidious since private modo faciemus ! " ' Ib. No. 53. Cf. individuals were not allowed to No. 71, which gives the fines im- appear in the Courts by a legal posed by the Parlement of Paris on representative (Ib.}. All scholars fifty-seven offenders. There are two are here assumed to be clerks, but a articles on this secession to Nevers, doubt arises as to the fiscal immu- one by Duminy in the Bulletin de la nities of married scholars (Ib. No. Soc. nivernaise des Sciences et Lettres, 199). T. XI. (1883) p. 358, the other 2 Fournier, I. Nos. 58-68. by Bimbenet in Mem. de la Soc. 3 Fournier, III. No. 1891. Four- d'Agricult. Sciences et Arts d Orleans, nier (Hist. III. p. 41) seems to l877> P- 5- assume that the 844 represents the 1 ' Universitas, rector, doctores total number of students. But (i) aut scolares illius de factis singulorum it is doubtful whether every clerk, scolarium et doctorum universitatis however young, would have put nomine se nullatenus intromittant ' down his name, (2) and certain VOL. II. L 146 THE UNIVERSITIES OF FRANCE. CH.VIII, students, of whom 551 were resident. This maybe con- \f' jectured to represent an academic population of not less than 800 or 1,000; though it is, of course, impossible to estimate precisely the proportion of enrolled to unenrolled. Probably the expectants of ecclesiastical benefices would prove a majority. Constitu- The constitution of the University exhibits a remarkable tion- compromise between the rival types of Paris and Bologna. We have seen that before the Papal Bull of Incorporation the Scholasticus of Orleans, like the Chancellor of Oxford, occupied a double position as the Bishop's representative and at the same time Head of the Magisterial Guild. After the final establishment of a Rectorship, the Scholas ticus recedes into the position of the Parisian Chancellor, and the Rector becomes Head of the University proper. From this time the ordinary affairs of the University were administered by a College consisting of the Doctors Ordinary and the ten Proctors of the Student-Nations. These Nations were France, Germany, Lorraine, Burgundy, Champagne, Picardy, Normandy, Touraine, Aquitaine, and Scotland l. The Rector was elected by the Nations : but was often, if not usually, a Doctor. The occasions on which the whole University of Doctors and, students are summoned appear, however, to have gradually increased in that there must have been law-stu- Fournier, III. No. 1891, except Ger- dents who could not hold, and did many, one Proctor being mentioned not want, a benefice. Considering without the name of his Nation, the large proportion of students else- Bimbenet (p. 9) gives Guyenne in where who did not proceed so far as place of Aquitaine. In 1400 the the Licence, 230 Licentiates, of whom nation of France was divided into ninety-five were residents, must five provinces (Fournier, I. Nos. 238, represent more than 551 residents. 239), afterwards styled Parqueta. Note that the numbers were not Here, as in Italy, the German Nation swollen, as in many Universities, enjoyed mysterious privileges, i.e. by boy-students in Arts and in of taking their Licentiate's and Grammar. (M. Fournier has since Bachelor's degree by accumulation disclaimed the above interpretation after five years, while others took of his words.) five years for the Bachelorship and -1 The names are collected from five more for the Doctorate. Ib. Nos. various documents. All appear in 154, 344. ORLEANS. 147 frequency l : and in 1389 a dispute between the students CH. vm, and Doctors led to a more exact determination of the §,f relations between the College and the University by the Parlement of Paris. The University was not to be summoned till the matter had been discussed in the College, but a majority of the Proctors could insist on a General Congregation. On the other hand, the College could not disburse more than twenty solidi in a single Rectorship without consulting the Nations. The Proctors were to be Licentiates, or at least Bachelors, wherever possible2. Later changes slightly increased the power of the students 3. After the decay of the literary Schools in the thirteenth No other century, no regular Faculty of Arts manifests its existence ^Law! in the Orleans documents, nor any other Faculty except that of Law 4. Hardly any University of such high repute 5 No remained, as appears to have been the case at Orleans, Colleges- without a single endowed College for poor students. On the other hand, we find that there were hospicia for students presided over by Doctors, Bachelors or students, who in 1 Fournier, I. No. 155, contains solenne at which all Doctors, Licen- the first allusion to such General tiates and persons summoned by the Congregations. A Statute of the Rector attended besides the Cotte- German Nation (No. 192) forbidding gium Ordinarium. The Procurator its Proctor to consent to the expen- Generate (Registrar, Treasurer, and diture of more than forty solidi1 in- S3^ndic in one), becomes an increas- consultis eis ' perhaps indicates the ingly important official, and was powers by which the students evidently present at meetings of the managed to acquire a direct instead College, but it does not appear that of a representative share in the he had a vote. government of the University. A 4 In 1446 we find Grammatici Bull of 1388 allows a Licentiate or allowed to enjoy the University Bachelor to be Rector. (Denifle, privileges (Fournier, I. No. 290) : Les Univ. franc, p. 51.) and in 1447 ;No. 294) there is a pro- 2 Fournier, I. No. 216. vision against 'acquiring time' in 3 In 1406 three Proctors were Arts at the same time as Law, but given the power to demand a General this may refer to residence kept in Congregation (ib. No. 251). There- other Universities. form of Charles VII in 1447 (No. 294) 5 Among the alumni of later days (i) disfranchised students ' in primo are mentioned Reuchlin, Calvin, volumine auditionis existentes,' (2) Beza, Moliere, and Du Cange. recognized an intermediate collegium L 2 148 THE UNIVERSITIES OF FRANCE. CH. VIII, the middle of the fifteenth century are required to maintain J 3' quite as much discipline over their socii as was exercised by the Principals of Parisian or Oxonian Halls ]. § 3. ANGERS. POCQUET DE LIVONNIERE, Privileges de TUniversite d* Angers, 1709 and 1736. DUBOYS, Privileges des Professeurs de Droit, Angers, 1745. RAN- GEARD, Histoire de VUniversite d Angers, ed. Lemarchand, Angers, 1872, is one of the best, most learned, and most critical of the older University historians, containing many documents. (Rangeard lived 1692-1726.) DE LENS, VUniversite de TAnjou, T. I., Angers, 1880, continues Rangeard (who stops at 1428) and adds a few documents ; also La Faculte de Theologie dc rUniversite d' Angers (Revue de VAnjou, 1879). PORT, Statuts des quatre Facultes de TUniversite d' Angers, 1406-1498, Angers, 1878; also La Biblio- theque de TUniversite d' Angers (Revue de TAnjou, 1867). Origin. Angers was an ancient Cathedral School which gradually developed into a University. But here as in many other cases the development was not entirely spontaneous and independent. It owed its position as a Studium Generale to an immigration from one of the two great archetypal Studia : and its institutions were moulded more or less in conformity with the models already established at Paris and Bologna. The old The Cathedral School of Angers was in the first half of ^ eieventh century taught by two successive pupils of the celebrated Fulbert of Chartres 2 : at the end of the eleventh and beginning of the twelfth century it attained consider able reputation under two successive Scholastic^ Marbodus afterwards bishop of Rennes and Ulger afterwards bishop of Angers. The mythical accounts of the origin of the University seek to connect it with the names of these two prelates, the former of whom is even alleged to have pro- 1 < Doctores, licentiates et bacha- Cf. the padagogi at Angers, below, larios et alios quoscumque scolares p. 156. ad suam pensionem tenentes, quod 2 During the Episcopate of Hubert eos moribus et doctrina diligenter in- of Vendome (1010-1047). The Mas- struant,' &c. Fournier, I. No. 294. ters were Sigo, afterwards Abbot of It is, of course, quite possible S. Florent, and Hilduin, afterwards that these presiding students were Abbot of S. Nicolas, near Angers. elected, like the Oxford Principals. De Lens, I. p. 8. ANGERS. 149 cured a foundation-bull from Rome ]. The later Statutes CH. VIIL represent Ulger as the founder of a benefaction for the _^_ Bedels 2. Assuming that the fact and the date are correct, we cannot feel sure that the Bedels meant were originally the Bedels of the Schools and the whole story has a very apocryphal aspect : but there is no reason to deny (as Denifle seems rather disposed to do) all continuity be tween the old Cathedral School and the later University. We know, indeed, nothing of the special subjects for which Angers obtained its scholastic fame under Marbodus and Ulger ; but the early connexion with the celebrated Canonist, Fulbert of Chartres, may be held to indicate a probability that Law was included under its curriculum. After the time of Ulger, however, we have no positive knowledge of the Schools of Angers until the year 1229, Parisian -r, . . , . . Hi Immigra- when the great Parisian dispersion compelled many — tion °f perhaps the main contingent of the fugitive students — to I229- seek a home in Angers beyond the direct control of the French King. As, however, this migration fails to account for the special predominance of Law at Angers, it seems highly probable that the prohibition of the Civil Law at 1 De Lens, I. p. 9 ; Rangeard, I. support) of the clerks and Chaplains p. 10 sq. Marbodus became Scho- of the Church of S. Maurice in 1032; lasticus c. 1075, and died 1123 : Ulger but this is rather early for endowed became Bishop of Angers 'in 1124. Colleges. The 'Scholastria' was en- A ' Magister divinorum librorum ' is dowed in 1077. Document in Ran- mentioned by Abelard as teaching an geard, II. p. 159. extreme and heretical Realism 'in 2 ' Quiquidem bidelli ilia die, du- pago Andegavensi ' (ante 1120), Opp. rante tempore licentise, debent ad ed. Cousin, II. p. 84. De Lens unam comestionem recipi in parva makes Berengar teach at Angers aula dicti palatii ; et quisquis sit c. 1089, not as Scholasticus but as claviger seu custos ejusdem debet eis Grammaticus, a fact which he de- de bonis episcopi Andevagensis pro clares to be established by an ancient tempore ministrare panem et vinum Obituary of the Cathedral, /. c. (cf. et alia cibaria eisdem necessaria ; Rangeard, I. pp. 17, 18). Ifthedocu- quae prsedicta bonae memoriae do- ment of which a notarial certificate minus Ulgerius, quondam episcopus is given in Rangeard, II. p. 158, Andevagensis, eisdem contulit et be genuine, it would show that the donavit, et praedicta fieri perpetuo College of S.Maurice was established voluit et praecepit.' Stat. of 1373 in connexion with the Chapel of ST ap. Rangeard, II. p. 223; Fournier, Mary for the instruction (or rather I. No. 396. 150 THE UNIVERSITIES OF FRANCE. CH. vni, Paris in 1219 had already led to the transference of some Civilians from Paris to Angers. At all events it is to this Possible prohibition that Angers, more even than Orleans, owed its Migration ProsPerity- Angers was par excellence the School of Civil in 1219. Law. It is doubtful, indeed, whether promotions in any other Faculty than Civil or Canon Law ever took place here1 before 1432. Though Angers never possessed in medieval times the same scientific importance as the School of Orleans, it was hardly less famous as the school of practical lawyers, especially during the fifteenth century, and in the sixteenth surpassed it as a seat of the great legal Renais sance 2. A studium Angers is reckoned by Denifle among the Universities which grew up ' ohne Stiftbriefe ' : and from the fact that no less than seven Doctors are found teaching here at one time in the course of the thirteenth century, it is practically certain that regular graduations must have taken place3. By a curious accident we find the Studium, just at the time of the Parisian immigration, expressly described by a con temporary writer as a Studium Particulare4, while Matthew Paris no less distinctly implies its generality 5, though it is 1 There were of course schools of longs to the second half of the Grammar and Logic. In 1298 there century. were such schools at the Collegiate 4 'Annum millenum Domini, cen- Church of S. Peter, and the Dean turn bis et annos, has the right 'duos pueros et duos Vigintique novem,semitasolis agit, baccalarios duntaxat ponere et insti- Sanguine Parisius studium dissolvi- tuere in choro ecclesiae Sancti Petri tur : orbe predicti' (Rangeard, II. 187; Four- In toto sentit pnelia sacra Syon. nier, I. No. 370). The use of the Andegavis studium quod particulare word Baccalareus may naturally coheeret suggest that promotions already took Illud dissolvunt proxima bella place in Arts, but according to Ran- novum.' geard (I. p. 324) the term was then Joh. de Garlandia, De tnumphis applied to the younger ecclesiastics ecclesice, ed. Wright, p. 99. of a Church without reference to 5 ' Recedentes itaque clerici gene- their academical status. See above, raliter universi contulerunt se ad vol. I, p. 209, n. 2. majores civitates regionum diver- 2 Fournier, Hist. III. pp. 206, 7. sarum. Quorum tamen maxima pars 3 Tne Questiones Andegavis dispn- civitatem Andegavensium metropoli- tate in Bibl. Nat. Cod. Lat. 11724 tanam ad doctrinam elegit univer- (Denifle, I. p. 271). The MS. be- salem' (Matt. Par. Chron. Maj. (ed. ANGERS. J5I not till 1337 that it is officially recognized as such1. We C see the School in the act of passing from a 'particular' to a 'general ' Studium. It is one of the very few undoubted Studia Generalia that never obtained either a Papal Bull of foundation or express recognition of its jus ubiqne docendi. It was not till 1364 that it received a charter from Charles V conferring upon it all the privileges of the University of Orleans and appointing the Seneschal of Anjou and Provost of Angers Conservators 2. But by this time it had long been treated both by Kings and Popes as completely on a level with the formally constituted Studia Generalia3. The constitution of Angers is in the main strikingly Constitu parallel to that of Orleans. There is no evidence to show r which of them was the more ancient, but the total dis similarity between the original constitution of these two Universities and those of the greater Universities — Paris and Bologna— is the best evidence of their antiquity. Such a constitution could not well have grown up after the first half of the thirteenth century. In Angers and Orleans we have in fact a survival of that primitive and imperfect University organization out of which Paris began to emerge early in the thirteenth century and Oxford (as Luard), III. p. 168 : see above, vol. I. l In an Episcopal Ordinance P. 337)- ' Universalem ' is, of (Fournier, I. No. 378), ' Statum course, equivalent to ' generalem.' honorabilem et antiquum Andega- In the following year the Pope vensis studii generalis ... in quo writes, ' magistris et scholaribus tot boni viri ducum, comitum et ali- Parisius et Andegavi commoranti- orum principum et baronum fratres, bus' (Fournier, I. No. 362). The filii et nepotes et alto sanguine first express notice of the teaching derivati retroactis temporibus stu- of the Civil Law occurs in 1242 in duerunt.' a letter from Otho de Fontana, 'juris 2 Rangeard, II. 210; Fournier, I. civilis professor docens Andegavi ' No. 388. (Rangeard, II. p. 178 ; Fournier, I. 3 Fournier, I. Nos. 375~384- The No. 363). But there is perhaps a first Rotulus Beneficiandorum men- slight presumption that there was a tioned by Fournier is in 1342 (No. Studium of Law within the province 379) : the first general permission to when the Provincial Synod of Tours enjoy the fruits of benefices while in 1236 required a period of legal residing in the Studium is dated 1363 study for Officials and Advocates in (No. 387 ; Rangeard, II. 208). It the Ecclesiastical Courts (Mansi, received the jus non trahi extra from Concilia, XXIII. 412). Gregory XI in 1371 (No. 394). 152 THE UNIVERSITIES OF FRANCE. CH. viil, we shall see) some thirty years later1: and Angers re- § 3- tained this primitive simplicity longer even than Orleans. TheScho- As late as 1350 the Scholasticus or * Maistre-escoles ' is Head18 sti11 the sole Head of the University. He is himself a of the Uni- Regent Doctor of the School and the Head of the College of Doctors. Statutes of some kind are already in exist ence, but so little authority has the College acquired— so little has it emerged from the merely customary stage of its existence— that a Licentiate is found attempting, with the approval of the Scholasticus but in defiance of the College and its regulations, to incept under a Doctor who is not and never has been a Regent Doctor at Angers2. The result is an appeal to the Bishop, of whose authority over the Studium there is no question. The earliest extant Statutes are of some twenty years later and enable us to complete our picture. Under the Scholasticus is a Dean of the College of Doctors who exercises, con currently with the Scholasticus, a judicial authority over Masters and scholars, and acts as Treasurer of the College. There is no Rector of the University. The power of making Statutes is thus lodged entirely with the Scho lasticus and the Doctors. Indeed, the Doctors themselves seem only just emerging from that original state of abso lute bondage to the Scholasticus from which the Masters of Paris had emancipated themselves more than a century and a half before : the Statutes of 1373 are made by the The Scholasticus ' with the consent ' of the Doctors. There are, indeed, as at Orleans, certain Nations of students 1 It is worth noticing that many venerabilis vir magister Garnerius de of the Parisian settlers of 1229 were Cepeaux actu tune non regens, Englishmen. It seems to be implied neque rexerat in dicto studio or- that the five Englishmen mentioned dinarie, intendebat et jactavit se in by Matthew of Paris went to Angers. dicto studio venerabilem virum ma- Some of these are alleged to have gistrum Laurentium Beaulamere afterwards studied at Oxford, where creare in doctorem in legibus ; et the Chancellor's position was very quod ipse magister Laurentius ' in- closely parallel to that of the Scho- tendebat incipere sub eodem/ &c. lasticus at Angers (Matt. Paris I.e.; (Rangeard, II. p. 200; Fournier, I. Rangeard, I. p. 136). No. 381). 2 ' Ad nostri devenit notitiam quod ANGERS. 153 probably dating from the thirteenth century1 — side by side CH. vin, with the College of Doctors, but neither the University of students nor its constituent Nations or their Proctors are recognized by the magisterial College as sharing the supreme legislative power, though their Statutes do recog nize the authority of the Proctors over the students 2. The Nations are still the mere student-clubs or guilds which the Bologna Universities themselves must have been in their origin towards the close of the twelfth century. It was inevitable that the students should grow impatient Assertion of the yoke which the students of most other Law Uni- ^ hltgC e versities had thrown off. The first quarrel between the students on the one hand and the Scholasticus and Doctors on the other arose in 1389, when 283 students — 'the major and the saner part' as they styled themselves — appealed to the Parlement for a redress of grievances. By this time it was customary for the students to be summoned on im portant occasions to General Congregations, and the students contend that the Scholasticus was bound to decide by a majority of votes. It appears, however, that he sometimes disregarded the views of the majority or refused to 'conclude' at all : and the Doctors still claim that they are really the University 3. Initiation and adminis tration .clearly rested with the Doctoral College, though there were rare occasions on which the Proctors of the 1 The number is usually given as rans a Angiers,' make it probable that ten, and the names as the same as at some kind of student- organization Orleans, except that Brittany takes existed at that time. Rangeard, II. the place of Germany: but there p. 180; Fournier, I. No. 365. seems to be no express mention of 2 ' Item quod scholares infra them before 1373, and then there is mensem [Fournier reads ' menses ' ; nothing to fix the number at ten if so, the number must have dropped (Fournier, Hist. III. pp. 161-2) ex- out] a tempore sui primi adventus cept the statement of Rangeard (I. teneantur jurare statuta dicti studii p. 259). The Ordinances issued in observare : quod juramentum tene- 1279 by Charles III, King of Sicily antur praestare procuratori suae na- and Count of Anjou, as to interest, tionis.' Rangeard, II. p. 226 ; regrating, &c. at the request of the Fournier, I. No. 396. burghers and ' des escolliers demeu- 3 Fournier, I. No. 414. 154 THE UNIVERSITIES OF FRANCE. CH. VIII, Nations were summoned to confer with the Doctors l. The result of this rebellion was that the students acquired the modest right of electing a representative to assist at the audit of the University accounts2. It is probable, indeed, that it was the necessity of getting the students' consent for taxation on such occasions as the sending of a Roll to Avignon that originally compelled the Doctors to summon General Congregations, and that here, as so often both in Universities and in States, the power of the purse ultimately carried with it legislative supremacy. At all events it was the administration of the collecta raised for sending a Roll to the Pope in 1395 which led to a renewed rebellion. The students again brought their grievances before the Parlement and petitioned for a con stitution like that of other Universities 3. Reform The report of the Commissioners of Parlement was favourable to the demands of the students, and the upshot of the affair was that in 1398 the University was reorganized on the model of Orleans and a new code of Statutes drawn up. The Scholasticus and the Doctors, however, retained a rather more favourable position than at Orleans. There was a Rector, but it was provided that the Doctors should hold the office by rotation. The Scholasticus was allowed precedence over the Rector in scholastic acts, though not on other occasions. The ordinary administration was entrusted to the College of Doctors and Proctors presided over by the Rector, to which was here added the Procurator- General of the University. Three Proctors might demand a General Congregation, which is now definitively recognized as the governing body of the University4. In 1410, what- 1 ' Disoit outre ledict maistre- college, arche, seel, ne aucun signe escolle que il et les docteurs regents de Universite.' Fournier, I. No. ordinairement en ladicte Universite 425. seuls et pour le tout font Universite 2 Fournier, I. Nos. 417, 418. et college sans les escolliers, car ils 3 Fournier, I. Nos. 422-427. ont arche, seel et profession et 4 Fournier, I. Nos. 430-437 ; Ran- signes de 1'Universite, de corps et geard, II. p. 232. Yet it is worth de college ' : while the students are noticing that the Nations seem to spoken of as < eux qui n'ont corps ne have no means except social excom- ANGERS. 155 ever their previous number, there are six Nations only and CH. vin, the sixth is spoken of as a new creation. Their names supply interesting evidence as to the regions from which the University drew its students. They are, (i) Anjou (including the adjoining diocese of Tours), (2) Brittany, (3) Maine, (4) Normandy, (5) Aquitaine (including the 'provinces' of Bourges, Bordeaux, Narbonne, Toulouse, Auch), and (6) France 1. At the same time the consti- Demo- tution is still further modified in a democratic direction. cnanges The Rector is to be chosen exclusively from the Licentiates by electors named by the Nations : Doctors are ineligible as electors. Moreover, it is provided that in the Council or Congregation the Doctors shall have no votes in matters affecting themselves and their College. The superiority of the Rector to the Scholasticus is now for the first time proclaimed, respect being paid to the interests of the then occupant of the office 2. The Scholasticus has ceased to be the Head of the University, and he is henceforth limited to the conferment of the Licence, like the Chancellor of other Universities 3. As the sixteenth century approaches we find here as Curtail- elsewhere a reaction in favour of magisterial authority. The gj^ent- Statutes drawn up by the Commissioners of the Parlement rights, of Paris in 1494 enact that in future no one shall have a I494' munication to compel a new scholar the historian tells us (I. 385) ' Elle to join their body. Cf. the Statute subsistoit cependant avant leur (the of the Nation of Maine in 1419 :' No- Commissioners') arrivee a Angers, viter venientes . . .sijuramenta preli- mais sans avoir encore une forme bata noluerunt . . . facere, presentes aussi reguliere.' Or were the French in artibus scolasticis ipsos non socia- students hitherto outside the Nations bunt;ymoipsumjuramentumprestare like the ' Bononienses ' at Bologna? recusantes, ut prefertur, quantum As to the date, see Fournier, I. No. poterunt evitabunt, nee eos convi- 449 note. viando associabunt.' Fournier, I. 2 Rangeard, II. p. 244 ; Fournier, I. No. 465. Nos. 448, 449. The former wrongly 1 ' Sexta erit natio Franciae, quae ascribes these Statutes to 1400. de novo certis de causis virtute 3 He appears at first to have re- commissionis nostrae per nos con- tained the right of making Bachelors, stituta est, et habet sub se provin- But after 1435 he took no part either cias Lugdunensem, Senonensem et in the Inceptions or the conferment of Remensem' (Rangeard, II. 240); but the Baccalaureate. De Lens, I. p. 22. 156 THE UNIVERSITIES OF FRANCE. CH. vin, vote in the Congregation of the University or of any of ^ 3' its Nations who is below the degree of Master of Arts or Bachelor in one of the Superior Faculties 1. It is interest ing to notice that by this time the Paedagogy-system had spread from the Faculty of Arts to that of Law. There were, it appears, a class of young students in Law known as yustinianiy who lived in the houses kept by Paedagogi, by whom they were prepared for the study of Law without necessarily attending any of the regular University Regents or Professors. Law students presumably went direct to the study of Law without any preparatory training in Arts. Other It was not till 1432 that regular Faculties of Theology, 1432. * Medicine, and Arts, under their respective Deans, were established at Angers under a Bull of Eugenius IV; the students were, however, united in the same University with the students of Canon and Civil Law. The Licence in Arts was conferred by the Dean of the Collegiate Church of S. John the Baptist2. Number of The mode of graduation and the regulations of the Sta dium are for the most part similar to those of the University 1 Fournier, I. No. 492. It is, how- was, however, found to involve ever, provided that when possible ' graviora mala et damna prioribus,' the Proctors shall consult their and was abolished the next year Nations (in which students still had (ib. No. 499). votes) beforehand on matters to be 2 Fournier, I. Nos. 472, 474, 488. brought before General Congrega- There is a stray allusion to ' audi tions. It may be noticed that endo ... in jure canonica vel in Sunday is contemplated as a usual theologia"1 in 1317 (Fournier, I. No, day for meetings of the Nations. In 374). This may refer to the Schools the same year it was ordered by the of the Dominicans, who in 1405 Parlement that the senior Licentiate were admitted to the privileges of of each Nation in turn should be the University (Rangeard, II. 271 ; Rector of the University, and the Fournier, I. No. 442). The Bull of senior Bachelor of each Nation Eugenius IV grants the right of Proctor, to avoid Mes grands meur- graduation but not expressly the jus tres et battures, et autres grands ubique docendi. The members of the scandales et perdition de temps,' in- Faculty of Arts were not admissible volved in Rectorial Elections. It to offices of the University till 1494 appears that 5 or 6scholars-in the (Fournier, I. Nos. 491, 494); and one Nation of Maine, besides others, then a long conflict between the had been ' tuez, mutilez, et battuz ' Faculties began, which extends within the last few years (ib. Nos. beyond our period. 495» 496). Promotion by seniority TOULOUSE. 157 of Orleans. Here also the full rights of Regency (i.e. the C right of giving ordinary lectures) were confined to a small, J^._ limited and probably co-opting College of Doctors. The Statutes of 1373 provide for three or four Doctors of Law, two or three in the Decretals, and two in the Decretum l. In 1494 the number of Regents in Law was reduced to six —four in Civil and two in Canon Law 2. The College de Fougeres for four scholars of Law was Colleges, founded by Guillaume de Fougeres in 1361 3; the College de la Fromagerie for four scholars in (4o84; the College de Bueil for a Principal, Chaplain, and six scholars in I4245. A Roll of the year 1378 gives the names of 14 Doctors. Numbers. 5 Licentiates, 73 Nobles, 286 Bachelors, and 188 Students6. From the large proportion of Bachelors to simple students, it is probable that a large number of the latter did not send in their names. §4. TOULOUSE (1230, 1233). There is no complete History of the University of Toulouse. A few documents and notices occur in DE LAFAILLE, Annales de la Ville de Toulouse, 1687. There is a clear sketch of the history of the University in a succes sion of articles by GATIEN-ARNOULT in Mem. de I Acad. des sciences, inscrip tions et belles-lettres de Toulouse, 1857, 1877, 1878, 1881, 1882 ; also Trots maitres de Theologie a lUniversite de Toulouse in Revue de Toulouse, 1866. But the most important work on the subject is contained in the new edition of the monumental Histoire de Languedoc by DEVIC and VAISSETTE, with Preface by A. MOLINIER, T. VII. VIII., published by Privat, Toulouse, 1874, 1 Rangeard, II. 216; Fournier, I. 3 Rangeard, II. 205; Fournier, I. No. 396. Afterwards we hear of No. 385. a Regent ' pour la nation d'Anjou ' 4 Rangeard, II. 273 ; Fournier, I. (ib. No. 439). There are traces of No. 447. It is noticeable that the a connexion between a Regent and deed of foundation contemplates the a particular Nation at Orleans admission of pensioners. The Col- also. lege was under the supervision of 2 Fournier, I. No. 492. At this the College of the University. time they enjoyed < Salaria . . . de 5 Rangeard, II. p. 307 ; Fournier, erario publico totius nostre Univer- I. No. 467. sitatis' (ib. No. 498). 6 Fournier, III. No. 1897. 158 THE UNIVERSITIES OF FRANCE. CH. VIII, with a full collection of documents. There are also articles by RODIERE, § 4- Rccherches sur V enseignement dn Droit a Toulouse in Recueil deVAcad. de — M — legislation de Toulouse, T. IX. (where the Statutes of 1314 were printed for the first time) X. XV.; and by Du BOURG, Episode des luttes de VUn. et du capitole de Toulouse in Mem. de TAcad. de Toulouse, 1889. SAINT-CHARLES has published a series of articles on the various Colleges in the Mem. de TAcad. de Toulouse, 1883-1886. Toulouse The foundation of the University of Toulouse is an University event °f Ver7 considerable importance in the history of the founded medieval University-system. It exercised a marked in- BulL fluence over the development of the University idea in the medieval mind. It was, indeed, the first University (with the partial exception of Palencia) that can properly be said to have been founded at all. A very peculiar combination of circumstances suggested to the Pope the idea of repro ducing artificially in the City of Toulouse the institution or system of institutions which had spontaneously developed themselves at Paris and Oxford. And this precedent in turn suggested the notion that the Pope could 'found' other Studia Generalia at the request of a Sovereign or a City, in the same way as he had founded Toulouse far his own special purposes : and from that notion it was but a step to the development of the theory that a Studium Generale could only be founded by the Pope or his rival in the government of the medieval world -state, the Holy Roman Emperor. Origina- It would lead us too far away from our subject to dwell triumph 6 in any detail upon that momentous crisis in the history of the Of medieval Europe which is constituted by the Albigen- Church * . , . . over the sian movement and its tragical sequel, the Albigensian ^lbl: Crusade. In that movement, at once religious and intel- heresy. lectual, born of the freedom, the brightness, the ' lay spirit ' engendered of prosperous commerce and a sunny City life, we seem to trace the dawn both of a healthier Renaissance and a more joyous Reformation. In the suppression of all that Languedocian and Provencal freedom, civil, religious, intellectual, by the assembled chivalry and the assembled ruffianism of Europe, we see anticipated the hardly less ferocious if less earnest counter-reformation of the sixteenth TOULOUSE. 159 and seventeenth centuries — the S. Bartholomew, the Dragon- CH. vm, nades, the Jesuit-domination. The place that was occu- jj^_ pied in the counter-reformation by the Jesuit Colleges was taken in the thirteenth century by the Dominicans, but to some extent also by the University of Toulouse ; which was, indeed, largely in the hands of that Order. The University was intended as a sort of spiritual garrison in the heart of the conquered land of Heresy. Toulouse was the very focus of the religious and in- Intended tellectual fermentation which had at length broken forth in the Albigensian heresy : at Toulouse therefore it was garrison of determined to establish a great School which should be specially devoted to the maintainance of the Catholic faith and the extirpation of heresy. In the North of France, where culture was more theological and more ecclesiasti cal than it was in the South, the intellectualism of the age was on the whole of a far less bold and destructive o character than in the South of France with its educated laity, its sceptical troubadours, and its peculiarly indolent and ignorant clergy : it was determined, therefore, to build up a seminary of ecclesiastical learning upon the ruins of the vernacular and secular culture of Languedoc. It was, indeed, recognized that even among the clerks of Paris the spirit of enquiry and bold speculation had made great advances : at Toulouse the danger was to be averted by a careful choice of teachers. The theological Faculty was in the hands of the Friars ; and an Abbot was sent to Paris to select Masters for the other Faculties 1. The idea of sending Parisian Theologians to. extirpate Germ of heresy in Languedoc seems to have originated with that ^sityhi great patron of the rising Universities,, Honorius III 2 : and lectures . , i T i founded by some theological lectures were actually started. In the Honorius mind of his successor, Gregory IX, the project grew and m- ripened into the conception of a completely equipped 1 Elias of Guarni, Abbot of Grand- to invite Parisian Masters to come Selve. Gatien - Arnoult, Memoires, to Toulouse to apply themselves 1857, p. 206. * lectioni, predicationi et exortationi ' '2 In 1217 Honorius III had written (Fournier, I, No. 502). 160 THE UNIVERSITIES OF FRANCE. CH. VIII, Studium of the Parisian type. On Maundy Thursday i2§£, M'. before the great door of Notre Dame at Paris, the final treaty The was signed between the conquered Count Raymond of Paris Toulouse and his orthodox conqueror, Louis IX. By an article of that treaty it was provided that for ten years Raymond should pay salaries amounting altogether to 400 marks per annum divided among fourteen Professors ; there were to be four Masters of Theology with fifty marks, two Decretists with thirty, six Artists with twenty1, two Grammarians with ten. The moment was most auspicious Favoured for the success of the new enterprise. The University of Parisian Pa™5 had just decreed a dispersion in consequence of the Dispersion, great dispute with the burghers. There was therefore no difficulty about attracting unemployed Professors to Tou louse : and Parisian scholars would naturally follow the Parisian Masters. The lectures started before the year was out. At least the Grammarian, Johannes de Garlandia, afterwards one of Roger Bacon's instructors at Paris, was there by the close of the year ; though the chief theo logical teacher, the Dominican Roland of Cremona, did The not arrive till the next 2. Soon after the opening of the circular 011 Pro. Schools a sort of prospectus or advertisement of the Uni- gramme. versity was sent in the name of the Masters and scholars of Toulouse to their scholastic brethren throughout Europe, describing in glowing terms the advantages offered by the new institution 3. It is a noteworthy in dication of the spirit which governed the educational policy of the Popes that, so far from any attempt being made to suppress the new Aristotelian Science; it is spe- 1 Fournier, I. No. 505. suppression of heresy in Toulouse 2 Denifle, I. p. 327. Johannes during these years in the Chronicon de Garlandia has left a poem, de by one of the Toulouse Dominicans. triumphis Ecclesice (ed Wright, Lon- Guillelmus Pelissus (ed. Molinier, don, 1866. pp. 92-105), in which the Anicii, 1880), and to the accounts establishment and decay of the Uni- derived mainly from these authori- versity are vividly described. As ties by M. Gatien-Arnoult and De- authorities for the subsequent nar- nifle. rative, I may refer generally to this 3 Fournier, I. No. 504. poem, to the ghastly account of the TOULOUSE. 161 dally mentioned as one of the attractions of the Studium, CH. vin, that the works of Natural Philosophy (which had been Jjl forbidden at Paris) were to be taught freely at Toulouse l. It was the teachers rather than the books that had been suspected at Paris. Dominican influences were paramount in the establishment of the Schools of Toulouse : and the policy of the Order was to direct education, not to suppress it. They believed in reason, though in reason supplemented by force. John of Garland 2 has neatly ex pressed the attitude of the Dominican Inquisitor-doctor in the line : — 'Pravos extirpat et doctor et ignis et ensis.' I have dwelt on the constitutional importance of the foundation of Toulouse by Papal Bull. The issue of a formal Bull of erection was, however, a mere after-thought. Originally the Schools set up in Toulouse by the Papal Failure of Legate differed in no respect from the Schools established by voluntary migrations from the old Studia Generalia at Padua or Vercelli, at Orleans or Cambridge, except in the fact that their teachers were salaried. At first the Schools were no doubt more or less filled by some of the voluntary exiles from Paris : but. as soon as the troubles at Paris were at an end, the old University naturally asserted its superior prestige : and then difficulties of a different kind arose at Toulouse. The Count would not pay the stipu lated salaries : the Capitouls or Consuls of Toulouse, in spite of the Crusade, retained sufficient spirit to offer a scarcely veiled resistance to the wholesale burnings of the Do minican Inquisitors; and the University, in which the Dominican Doctors occupied so prominent a position, was naturally involved in the dispute. The Studium gradually 1 'Libros naturales, qui fuerant above, vol. I. p. 358. Though nothing Parisiis prohibit!, potuerunt illic had been said in the treaty about audire qui volunt naturae sinum the teaching of Music, one of the medullitus perscrutari.' It is not attractions held forth is that ' or- quite certain, as is assumed by M. ganiste populares aures melliti gut- Gatien-Arnoult, that the prohibition turis organo demulcent.' was still in force at Paris. See 2 /. c. p. 92. VOL. II. M l62 THE UNIVERSITIES OF FRANCE. CH. VIII, §4- Papal Bull conferring jus ttbique docendi, 1233- Second Collapse. Revival, 1239. melted away *. The issue of a Charter bestowing on the Masters and scholars of Toulouse all the privileges enjoyed by their brethren of Paris, and artificially ensuring for the Toulouse promotions the prestige which had been gradually and spontaneously accorded to those of the great self- developed Studia Generalia, was one of the expedients adopted by the Pope to secure the success of his scheme for extinguishing the remains of the great spiritual re bellion which, though damped, was still smouldering in the capital of Languedoc. The Bull 2 conferring on the graduates of Toulouse the jus ubique docendi^, the dis pensation from residence, the right to have rents taxed by a joint board of clerks and laymen, the immunity from the secular Courts, and in general all the privileges enjoyed by the Masters of Paris was issued in 1233. At first, however, the expedient failed to produce the desired effect : for in 1235 tne Consuls waxed bold enough to expel the most prominent Dominicans, and the salaries were still unpaid. Excommunication at length reduced the Count to obedience. In 1236 the black terror was re-established, and the fires were rekindled in Toulouse. By 1239 we learn that the salaries had been duly paid : the opposition of the Consuls was suppressed 4 : and a further and more 1 ' Florentis studii paulatim turba recedit ; Haec ego qui scribocunctarecedo prius.' (Job. de Garland, p. 105.) 2 Fournier, I. No. 506. Yet from the first tbe Studium was to be a ' Studium solemne,' i. e. generale (Job. de Garland, p. 92). 3 ' Ut quicumque Magisteribi exa- minatus et approbatus fuerit in qualibet facultate, ubique sine alia examinacione regendi liberam habeat potestatem.' 4 Pelissus, p. 31 sq. ; Fournier, I. Nos. 510-516. The University was clearly in working order in 1243 ; since a College was founded in that year. See below, p. 168. We hear nothing of any salaries in later times, but it is clear that the ordin ary chairs were limited in number. In 1441 we find a Doctor selling his place and ' auditorium ' to a succes sor, whom he undertakes to present to the University for the appoint ment (Fournier, I. No. 821). In 1470 the Parlement of Toulouse declared that * les recteur et docteurs regens de la dicte Universite vendoient communement et ont vendu et de- livre au plus offrant et dernier en- cherisseur les chaires et regences des ditz facultes . . . et comme choses TOULOUSE. 163 ample Charter of Privilege conferring in detail all the CH. vin, liberties and privileges recently bestowed upon Paris was § 4- issued by Innocent IV in 1245 l- By this Bull it was BuiHrf" directed that the Scholasticus of the Cathedral, who from I2^- the first had no doubt presided over the promotions, should be called Chancellor. From the circular issued to the scholars of Christendom Theo- at the opening of the University it appears that all the l0^1 T— * i • ,r3culty? faculties were represented at Toulouse from its earliest 1360. days : Toulouse was one of the very few Universities wherein this was the case. In the Faculty of Theology, however, a peculiar sanctity still attached to the degrees of Paris : and the permission to create Doctors of Theo logy, though apparently involved in the terms of the Bulls granted by Gregory IX and Innocent IV, was rarely if ever acted upon. At all events in 1335 we find Bene dict XII addressing a Bull to the Chancellor in which a recent graduation in Theology at Toulouse is treated as an unauthorized usurpation and the practice forbidden for the future2. In 1360, however, the University petitioned Innocent VI, himself an alumnus of Toulouse, for the express authorization of graduations in Theology. One of the grounds alleged in support of the petition is inter esting to the English reader ; it is noticed that in England, though a smaller country than France, there were two Studia Generalia in Theology '\ Oxford and Cambridge had been, indeed, till very recently the only Universities in the world besides Paris that possessed Faculties of Theology with an unquestioned right of promotion. The earlier policy of the Popes had been to respect the Parisian monopoly. It was the Toulouse Pope, Innocent VI, who first infringed this monopoly by issuing a Bull authorizing the conferment of estans au commerce des hommes ' 993,994; Fournier, III. Nos. 1902, (ib. No. 858), and forbade the prac- 1903. 3 ' In regno Anglic, quod modica in- 1 Hist, de Lang. VIII. c. 1184; suIarespecturegniFrancorumexistit, Fournier, I. No. 523. duo sunt generalia studia in facul- 2 Chartul. Univ. Paris. T. II. Nos. tate predicta' (Fournier, I. No. 640). M 2 1 64 THE UNIVERSITIES OF FRANCE. CH.VIII, Theological degrees at Toulouse in^fio1; and a regular § 4- Theological Faculty was henceforth organized : but Theo logy still continued practically in the hands of the regular Orders. Throughout the Schism Toulouse, the child of the Papacy, showed herself worthy of her parentage and justified her foundation by steady devotion to the Curialist cause and sturdy resistance to the Gallicanism of Paris Promin- and the other Universities 2. The University was, however, Lna°w °f mainly, like all the Universities of France, except Paris and the Medical School of Montpellier, a University of Law. As such it occupied in the South of France, especially after the decline of the Law Faculty of Montpellier in the middle of the thirteenth century, the position which was occupied by Orleans in the North. In Southern Europe generally it was for legal education — the indispensable qualification of the growing profession of secular lawyers as well as the safest road to preferment in the Church — that the demand was keenest. The institution of the Parlement of Lan- guedoc in I2733 no doubt gave an impulse to the legal - studies of the University and accounts for the prosperity which soon after this period began for the first time to attend the University. In many of the French Pro vincial capitals we shall find the establishment of a University looked upon as the natural sequel to the establishment of a Parlement. At this time Toulouse produced several Jurists of considerable political and historical and even some scientific importance, especially the three advocates whom Philip IV chose to plead his cause against the Bishop of Pamiers, that is to say, in reality against the Pope himself, at the Court of Boni- 1 Hist, de Languedoc, VII. notes, 120 sq. Cf, Fournier, I. No. 760, c. 551 ; Fournier, I. No. 641. This note. See also an Art. by Astre Bull makes it plain that there was in Mem de TAc. des Sciences de T., a regular and organized teaching 1869. Faculty of Theology in the town 3 Rodiere, Recueil, IX. p. 253. already. Degrees in Theology were The Roman Law prevailed in all sometimes conferred at an earlier dominions of the Counts of Toulouse, date by special Papal Bull (Fournier, It may be more than a coincidence I. Nos. 605, 606). that Accursius taught in Toulouse in 2 Buleeus, IV. p. 755 ; V. 4 sq. this very year (ib. p. 254). TOULOUSE. 165 face VIII — Pierre Flotte, Guillaume de Nogaret, Pierre de CH.VIII, Belle-Perche l. The University, in spite of its Papal origin, gave in its adhesion to the King's appeal to a General Council 2. It was the French Schools of Civil Law which formed the great Jurists and Judges to whose political theories and judicial activity the French Monarchy and the French State owed so much in their struggles against ecclesiastical domination : and among these Schools Toulouse was second in importance only perhaps to Orleans. The constitution of Toulouse exhibits an attempt to Constitu- combine some features of the Parisian constitution with tl( the recognition in a very attenuated form of student- rights in the Jurist Faculty only : like the Solonian constitution approved by Aristotle, it allowed to the demo cratic element r?V' drayKaioranjr bfoajjuv. The General Congregation would appear to be composed of the stu dents in Law and the Professors of all Faculties — includ ing the Lectores in Theology (whether Doctors or not) and the Masters of Grammar 3. The Rector must be a Master, but is elected by the students 4 : he is taken from each of the four Faculties in turn, and in practice is chosen by rotation in order of seniority. The students formally enact the Statutes, but their direct share in the govern- 1 See Gatien-Arnoult, Mem. de * ' De concilio et assensu magis- I'Ac. ties Sci. de T. 1881, p. 2 sq. trorum in theologia, vel ipsis non 2 Fournier, I. No. 537. existentibus, de concilio et assensu - 3 The Statutes of 1311, 1313, and lectorum et doctorum, magistrorum 1314 are given in Histoire de Lan et procuratorum,bacalariorumet sco- guedoc, VII. notes, c. 447 sq., c. 462 sq., larium vel majoris partis eorumdem' c. 478 sq.; and in Fournier, I. Nos. (Stat. of 1313, cap. 5). The exact 543? 544) 545- Canon Law and effect of this Statute is doubtful, but Civil Law count as separate Facul- the share of the students was pro- ties. Grammar is always treated as bably meant to be nominal. It is a distinct Faculty, though scholars not clear whether students of Logic of the Faculty were often children and Grammar had votes— probably under ten. At the latter age they not. Nor do the Artists appear to were required to swear obedience have had any Congregations of their to the Rector. In 1311 there was own. In 1480 the scholars appoint evidently no regular Faculty of a Syndic to take legal proceedings Medicine. 'Medici' seem contem- against the Regents (Fournier, I. plated in 1314. No. 860). 1 66 THE UNIVERSITIES OF FRANCE. CH. VIII, ment is an almost nominal one. The ordinary administra- _Jl tion of the University is in the hands of a body composed of the Rector and the Consiliarii or (as they were some times styled) Proctors. The Consiliarii are chosen by the students, but four are to be Masters (one in each Faculty)1 ; two are Bachelors of Law and only two simple students in the last-named Faculty. To these elected Councillors one was added by the Bishop and one by the Chancellor, while the whole of the Lectores in Theology (whether Doctors or not) sat with them2. This body was known as the Concilium Rectoris. Reform of In 1313 this constitution was modified by the admission of the Doctors and Masters of all Faculties and of the Syndic. The nominated Councillors seem to disappear, but the Bachelors and the students retain their four Proc tors. It is doubtful whether after this date the students were ever really assembled for any purpose except the election of Rector and Proctors. Certainly we find Statutes enacted by the Council without consulting the students and published in an Assembly to which, besides the Council, certain prelates and the Priors of the four prin cipal Colleges were summoned : these give their adhesion to the Statutes, but there is no indication of the students as a body being invited to any effective kind of cooperation. While within the University the lion's share of influence 3 z. e. Canon Law, Civil Law, other small matters. In 1470 the Logic, Grammar. There are some Parlement ordered that the two earlier traces of medical study at Bachelor-councillors should be col- Toulouse, but the first document in legiate students, the other two non- which Masters of Medicine appear collegiate, and should be elected by in the University Council is dated the Regents (Fournier, I. No. 858 . 1423 (Fournier, I. No. 796). It is quite probable that this had 2 The Statutes of 1314 are enacted long been the actual practice, by the Doctors ' de consilio et ac- 3 Fournier, I. Nos. 764, 765, 766. censu et de voluntate etiam et as- In No. 779 we find, however, a large sensutotiusuniversitatisstudii.' The body of Bachelors and scholars Statutes of 1311 speak of Consiliarii, ' majorem et saniorem partem Uni- those of 1313 of Procurators. The versitatis predicte . . . facientes ' Doctors (without the Consiliarii) professing to appoint syndics or had, it appears, the power of making legal representatives of the Univer- ' Ordinances ' about Lectures and sity. TOULOUSE. 167 decidedly belonged to the Masters, the legislative powers CH VIII, of the University were in the earlier days of the Studium much restricted by the large prerogatives still reserved to the Bishop, whose consent was required for all but the most trivial acts of Congregation l, and later by the frequent interference of Papal Legates. The Chancellor, too, had more power than in most Universities which possessed a Rector. He presided over the Rectorial elections, received an oath of obedience from candidates for the Bachelor's degree, and conferred that degree himself. Though the elected Rector gradually gained in importance upon the Chancellor and became the working Head of the University, the latter retained to the last his right of precedence 2. Juris diction over scholars was divided between the diocesan (or his Official), the Apostolical Conservator and the Seneschal of Toulouse, who as Royal Conservator, occupied much the same position as the Provost at Paris 3. 1 Thus in 1311 the Licence of the Bishop is required for any acts of Congregation except the expendi ture upon ' lights and other pious uses ' of sums not exceeding Ix libra? Turonenses, while the 'inter- dictio ' or ' cessation of Lectures,' except ' per modicum tempus,' is also reserved to him or to his official, though this restriction had disap peared before 1426. See Fournier, I. No. 800, note. 2 In 1430, however, they were to march side by side where possible. As illustrating the position of the Chancellor, it is interesting to notice that it is stipulated that he shall be styled ' Cancellarius Tholosanus ' or ' in ecclesia Tholosane,' never ' Uni- versitatis Tholosane ' (Hist, de Lang. VII. notes, c. 604 ; Fournier, I. No. 774)- 3 Fournier represents the Bishop as ' ceding part of his jurisdiction ' to the Capitouls in 1269 (Nos. 526, 527) ; but he authorizes nothing but the arrest of scholars for immediate surrender to ecclesiastical custody. This power was usually exercised, even where the rights of the clergy were most respected, without special ecclesiastical approval. It involved no jurisdiction over clerks ; till a man was arrested it could not be ascer tained whether he was a clerk or not. Even the Canon Law did not require the lay authority to let a criminous clerk taken red-handed run away before their eyes. In 1292 Philippe le Bel had to restrain the Capitouls from imprisoning or torturing scholars or flinging them into the Garonne by night. Later there is no doubt about the episcopal jurisdiction over clerks, but there remained much dispute as to the justice of lay scholars which is claimed by the Pope for the Arch bishop (Fournier, I. Nos. 561, 5635^.; Denifle, Les Univ. franf. p. 63). It will be noted that the Scholasticus or Chancellor had no jurisdiction in the strict sense. i68 THE UNIVERSITIES OF FRANCE. CH. VIII, A Roll presented to Clement VII in 1378 enables us to §^' furnish a tolerable estimate of the numbers of the Studium. Numbers. It contains, of course, only the names of ecclesiastics, but here these would probably be a large majority. As the mere Grammarians are included, whose title to preferment cannot have been great even if we suppose the youngest boys to be excluded, we may take it that the list includes at least the whole body of students who were prepared to take orders if a benefice could be secured. The list contains the names of five Regent Doctors of Theology (all Regulars), six of Canon Law, one of Civil Law, one of Arts and two of Grammar, five Non-regent Doctors, 29 Licentiates of various Faculties, 154 Bachelors of Decrees, 62 Bachelors of Civil Law, 40 Scholars of Decrees, 130 Scholars of Civil Law. 47 Bachelors of Arts, 246 Scholars of Arts, and 295 Grammarians. The total number of Licentiates, Bachelors, and Scholars was 1. 384*. In the year 1335 a- contemporary chronicler speaks of 3,000 students 2. By putting the two statements together it is made tolerably clear that the total number of students in the fourteenth century cannot have fallen far short of 1,500 and (allowing for the usual medieval exaggeration) cannot have much exceeded 2,000 :>>. Colleges. In the early days of the University we find Innocent IV giving general directions that poor scholars should be received into the Hospitals for poor folk in the outskirts of the City 4. Toulouse afterwards became peculiarly rich in Colleges, some of them of considerable size and endow ment. The first, named after its Founder, Vidal Gautier of Toulouse, dates from I2435. The Cistercians of Grand- serve established a College for their Order in I2866. The 1 Fournier, I. No. 697. 2 Ib. I. No. 575. '•'' As Molinier and M. Fournier seem puzzled by the expression Bancarii or Banquarii in the Tou louse Statutes, it may be well to explain that they are evidently the private Bedels of the Doctors, pro bably so-called from their looking after the benches (banchi] of the Schools. 4 Hist. deLanguedoc, VIII. c. 1 188 ; Fournier, I. No. 520. 5 Hist, de Languedoc, VIII.c.ino; Fournier, I. No. 517. 6 Fournier, I. No. 529. TOULOUSE. 169 College de Verdale for two Chaplains and ten scholars was CH. vin, founded in 1337 by Arnaud de Verdale, a Doctor of both _§^-_ Laws, and afterwards Bishop of Maguelone 1. In 1358 the Toulouse Pope, Innocent VI, richly endowed and privi leged the College of S. Martial which provided for ten Civilians, ten Canonists, and four Chaplains2. The other Colleges founded before 1500 were: (i) The College de Bolbonne (for monks of the Abbey of that name), 1286- 1 290 ; (2) the College de Montlezun, founded by the brothers Bertrand and Peter Montlezun in 1319; (3) the College Berenger, before 1341, by a citizen of that name ; (5) the College de Narbonne, in 1341, by Galbert, Arch bishop of Aries; (5) the College de Perigord or de S. Front, founded by Cardinal Talleyrand de Perigord about the year 1360 ; (6) the College de Maguelone, founded by the will of Audouin Aubert, Cardinal Bishop of Ostia in 1363 (for Arts) ; (7) the College de S. Raymond, before 1373, probably much earlier; (8) the College de Ste Catherine de Pampeluna, by Pierre de Montirac, Cardinal of Pampeluna about 1378 ; (9) the Col lege de Mirepoix, by a Bishop of that See, in 1415 ; (10) the College de Foix in 1440 by the Cardinal de Foix 3. These Colleges were of an even more distinctly ecclesiastical type than those of Paris. Most of them were under the 1 Fournier, I. Nos. 593, 597. is now the Diocesan Seminary (ib. 2 Ib. Nos. 613-622, 624-639, &c. 1886). There is no reason with 3 The names and dates are col- Fournier (I. No. 530) to assume that lected from the documents in Fournier. there was a 'College de Moissac' Besides these, there were many because certain monks were sent Hospitals and Churches which main- from that Abbey to study at Toulouse, tained Scholars (Fournier. I. No. 640). There is no actual documentary A College ' de 1'Estude ' is mentioned evidence of a ' College de Bolbonne/ in 1406 ^ Fournier, III. No. 1913). For though Fournier (ib. No. 531) says indications of College teaching, see there is no doubt of its existence, a document of 1486 (ib. I. No. 866). The College Berenger (ib. No. 594) Most of these Colleges lasted till the was very probably founded by one Revolution. Part of the College de of the Capitouls condemned for the Foix now forms the Convent of the affair of Aimery Berenger in 1331. Compassion ; a description and pic- See below, chap. xiv. One of the turemay be seen in .M/w. deTAcad. de Capitouls bore the same name as T. for 1885. The College de Perigord the victim. 1 70 THE UNIVERSITIES OF FRANCE. CH.VIII, government not of a single head but of two Chaplains. § 5- At the College of S. Martial, where there were four Chap lains, two of them served as 'Priors' in alternate years. It is interesting to notice, however, that the dual control was not a success and was abandoned at this College in 1380 1. A similar change is shown in all later College Statutes at Toulouse. The Colleges of Toulouse seem to have been peculiarly well endowed, and we hear complaints that their Bursaries were enjoyed by rich and well-beneficed persons 2. As an interesting anticipa tion of a later mode of scholastic encouragement, it may be noticed that the town of Albi frequently made grants to enable poor students to study at Toulouse 3. § 5. AVIGNON (1303). The chief special authority is LAVAL, Cartulaire de VUniversite d' Avignon, Avignon, 1884 ; but this small collection of documents is largely supple mented by Fournier. Laval has also written an Histoire de la Faculte de Medecine d'Avt'gnon, Avignon, 1884, which is chiefly on the post-medieval period. There is also a slight dissertation by ECOIFFIER, Recherches historiques sur la Faculte de Medecine d' Avignon, Montpellier, 1877. To these may be added BARDINET'S academic dissertation, Universitatis Avenionensis historical adutnbratio, Lemov., 1880, and FOURNIER, Une corporation d'etu- diants a Avignon en 1441 (Nouvelle Rev. hist, de droit.franf., 1887). An ancient A School of Law existed at Avignon before its erec- cj i_ i r Law.0 ti°n into a Studium Generale4. There were apparently 1 Fournier, I. Nos. 617, 700. There are often rilled by ' plusieurs hommes was, from the first, a proviso that grandement benefficies qui des the College may elect others as revenues de leurs beneffices, et les Priors. At the Colleges of Verdale autres des biens de leurs parens et and Narbonne the two Chaplains amys, se pourroyent bien soutenir et are perpetual < gubernatores ' or nourrir oudit estude' (Fournier, III. 'provisores' (ib. Nos. 593, 595). No. 1913, p. 588). It is also alleged 2 An elaborate account of the that ' les escolliers desdiz colleges, revenues of these Colleges is given quant il leur plaist, se marient et in the pleadings of the City of sont gens lais.' Toulouse against their claims to ex- 3 Jolibois, Inventaire des Archives emption from contributions in respect municipales d'Albi, Pref. p. 53 (cited of their houses and estates, the repair by Fournier, Hist. III. p. 276). of the walls and other civil purposes 4 Fournier (Hist. III. p. 572; in circa 1406. It is alleged that they Statuts, II. No. 1236) mentions the AVIGNON. 171 Doctors of Law teaching here in 1263 l. In 1298 Charles CH.VIII II, King of Naples and Count of Provence, issued an edict taking the scholars of Avignon under his special protection, and ordaining that in future 'the students and readers as well in Decrees as in Laws shall be declared and licensed ' by the Prince's Chancellor of Provence or his deputies2. It is difficult to decide from this somewhat ambiguous document whether it was proposed that gradua tions in Law should take place by virtue of it alone and without any further Papal or Imperial authority. If such was his intention, he was no doubt imitating the constitution of his predecessor's University of Naples, which was like wise under the government of the Royal Chancellor3. But at all events there is no claim to thejusubigue docendi, and no evidence that any promotions ever actually took place. It is, however, clear that a ' University of Doctors and scholars' was organized before the year 1302*, when the same Count confers further privileges upon the University, and in particular accedes to their request to be allowed to elect a ' Merchant ' (or banker) from whom they might borrow money in spite of a recent edict against usury 5. We know, however, little or nothing as to the organization of Bull of the Studium until its erection into a Studium Generale by f 1303- provision made in 1227 by the 3 See above, p. 24. Cardinal Legate Romanus for the 4 When Fournier (Hist. III. p. 577, teaching of Theology at Avignon (as 603) objects to Denifle treating at Toulouse, above, p. 159), and the Avignon as a University founded by support of twelve poor scholars, but Papal Bull, he seems to forget that nothing may have been done in the a Universitas does not necessarily execution ofthisprovision : thereis no make a Studium Generale. There is trace of a Studium Generale, nor did no evidence that the Studium at it have any influence upon the even- Avignon was regarded as, or even tual development of a University. pretended to be, general before the 1 Fournier, II. No. 1239. Bull. 2 Fournier, II. No. 1241. This 5 ' Universitas hominum civitatis document was unknown to Denifle. Avenionensis, cetusque doctorum A document of 1297 (ib. No. 1240) studii venerabilis ibidem . . . ostenso shows almost certainly that there quod doctoribus et scholaribus, ipsis was no University in the place— at presertim exteris et remotis ibi stu- least no Medical Faculty — since the dentibus . . . inedia et defectus fre- examination of Medici was entrusted quenter emergunt . . . suppliciter pos- to the < Officiates civitatis.' tulaverunt.' Fournier, II. No. 1242. 172 THE UNIVERSITIES OF FRANCE. CH.VIII, a Bull of Boniface VIII l in 1303, with a Charter of Privi- . University of Avignon became- a very prosperous Studium towards the end of the fourteenth century, after it had recovered from the desolation wrought in Avignon by the plague of 1361 4. In the days of the Avignon Papacy the students of Avignon naturally had advantages in connexion with their benefice-roll which were not enjoyed by students of more distant Universities ; and it is not surprising to find that Avignon was particularly popular with aristocratic students. A benefice-roll of 1394 contains the names of eighteen Doctors of one or both Laws, forty nobles, fifty- three Licentiates and 359 Bachelors of Law, 467 Students in Law, and 127 Artists and Grammarians 5. At this time the Professors were entirely supported by their fees, which their supremacy in the academic constitution enabled them to fix at a somewhat high rate. After the removal of the Papal Court from Avignon Removal the University gradually declined. In 1478 we are told that the Studium had been emptied by the refusal of the Doctors to lecture without salaries, which the City declined to give. Its continued existence and even some revival of prosperity were, however, secured partly by a succession of munificent College-builders and still more by the Papal patronage which the connexion of Avignon with the See 1 Cartulaire, pp. 91-103; Fournier, ' tempore quo agebatur de suppres- II. No. 1362. xThe total is given as 18.) sione primiceriatus officii dicte U. et 2 See Cartulatre, pp. 105, 109, 141, nova creatione rectoris in eadem.' and Fournier Hist. III. p. 593, note\ 3 Fournier, III. No. 1950. who cites the Liber Computorum * Denifle, I. p. 361; Fournier, II. Universitatis for 1463 relating to pay- No. 1248. ments for the mission to Rome 5 Fournier, II. No. 1270. 176 THE UNIVERSITIES OF FRANCE. CH. VIII, of S. Peter enabled it to secure. Its greatest patron was §^- the Cardinal Giuliano della Rovere, nephew of Sixtus IV, Patronage and afterwards Pope as Julius II, who became Bishop of of^Sixtus Avignon in 1474, in the following year Archbishop of the same See, and in 1476 Papal Legate l. Through his influence Sixtus IV was induced to bestow, in addition to a peculiarly bounteous shower of privileges, an annual grant of 600 ducats for the payment of eight Doctors of Law. The payment was at first, in 1475, charged upon the Papal taxes and court-dues of the City2. Shortly afterwards, however, a new and very curious expedient was adopted. The Pope annexed to the University certain secular Courts in the surrounding district, and authorized it to appoint the judges and appropriate to itself the resultant fees and fines 3. Sixtus IV also bestowed upon the College du Roure the Papal Library at Avignon4. Jurisdic- The jurisdiction over scholars was, it would appear, less wholly reserved to the ecclesiastical Courts than might have been expected in so ecclesiastical a City. The clerical scholars at least must of course have been subject to the Bishop's Court in criminal and personal suits : but we find no special exemption in favour of scholars as such from the tribunals of the City Magistrates. Conservators Apo stolic were not appointed till 1413 5. Colleges. In 1379 a College of S. Martial (or rather a College- 1 Fournier, No. III. 1950. In this pour les causes des membres du year the City resolved to invite ex- Studium? As this document is not traneous Doctors to lecture without printed in extenso, I am unable to salary. say whether this interpretation is 2 Cartulaire, p. 109; Fournier, II. correct, but he is certainly wrong in No. 1366. supposing (as he seems to do) that 3 Cattulaire, p. 119; Fournier, II. the Conservatonum of 1413 conveyed No. 1378. From the frequent con- a general jurisdiction over students. firmations, it is clear that the measure The Conservators Apostolic, here encountered opposition. as at Paris (above, vol. I. pp. 343, 4 Fournier, II. No. 1383. 412) and elsewhere, only punished 5 Fournier, II. Nos. 1281, 1283, breaches of University privilege and 1289 (Cartulaire, p. 50) ; Hist. III. heard causes which but for the jus p. 641. Fournier speaks of a Bull non train extra would be heard at a of 1289 as creating a special Vice- distance from the place. Cerent with ' pleine competence AVIGNON. 177 Monastery for twelve choir-brethren and twelve students) CH. vin, was founded for monks of Cluny ^ ; the College of Annecy § 5> by Cardinal de Brogny in 1425-30 2 ; the College of S. Michel by Jean Isnard, Doctor of Laws, in 1453 3- In 1471 the Orphanage of Jujon was made into a College- known as the College of Jujon or Dijon — for the Abbey of Montmajour4. In 1476 the College of St. Pierre or du Roure was founded for thirty-six students in Law by the Cardinal Giuliano della Rovere, Archbishop of Avignon, already mentioned as a great patron and restorer of the University5 ; in 1491-4 the College of Notre-Dame de la Pitie 6 by the Dominican Barthelemy de Riquetis, Doctor of Theology, ( — this was really two distinct Colleges, one for twelve secular Priests, the other for twenty-four Do minican novices); in 1496 the College of Senanque or S. Bernard by Jean Cazaleti, Abbot of Senanque, for Cistercian monks7 ; and in 1500 the College de la Croix by Doctor Guillaume Ricci. But perhaps the most interesting institution connected The Con- with this University remains to be mentioned. The ^s™^ Statutes of many Universities contain allusions to Student- bastian. clubs or Societies of various kinds for the purpose of electing a Captain or Abbot or Chancellor of their own. Wherever the Masters were in power these confederations, whether permanent or temporary, were put down with a strong hand. In other cases, as we have seen, the Uni versity was itself a Student-club or embraced within it national organizations composed of Students. Avignon is the only instance in which we have before us the Statutes of a Student-club which was recognized as a lawful Society by the authorities, but yet formed no part of the official organization of the University. It would seem that the students, baulked in their efforts to elect a Rector and get the government of the Studium into their own hands 1 Fournier, II. Nos. 1260-1264. * Ib. II. Nos. 1364, 1365. 2 Ib. II. No. 1295 sq. * Ib. II. Nos. 1368, 1372, n. 3 Ib. II. Nos. 1349, 1351, 1354, 6 Ib. II. No. 1399. 1355- 7 Ib. II. No. 1409. VOL. II. N 178 THE UNIVERSITIES OF FRANCE. CH. vili, like the students of other Law Universities, had formed an _,^_1 independent Society of their own which eventually secured for itself a certain legal authority and privilege. In 1441 over 200 students of Avignon (probably at this time the whole body of Law-students or nearly so) formed themselves into a Guild or Confraternity of S. Sebastian for the promotion of exactly the same religious and social ends which were aimed at by other Confraternities — the peaceable adjust ment of quarrels, the promotion of mutual harmony and good fellowship, the celebration of a weekly mass, the care of sick members and the performance of funeral rites. The Confraternity was governed by a Prior and twelve Councillors. Membership of the guild was nominally a matter of voluntary consent, though the Statutes provide for practical compulsion in the shape of organized bullying or ' boycotting ' : the well-known workman's device of hiding an offending comrade's tools here assumed the form of l subtracting ' his books. It is curious to find Popes and Legates giving their solemn sanction to a Society which enforced its decrees by acts of private robbery. Though never forming part of the University organization, the Prior and Council were treated by the University authorities as the recognized representatives of the stu dents. As such we find them negotiating on equal terms with the Primicerius and Doctors, while their Prior receives Papal privileges and acts as Visitor of an important College1. Confra- There was another and very similar institution at Avi- Doctors! gnon to which it would be difficult to find an exact parallel in any other University — a Guild or 'Confraternity' of Doctors to which all new Doctors were required to belong, though it appears it might also be joined by scholars, and its benefits, if not its membership, extended also to the Doctors' wives. As to what those benefits were we have 1 Seethe Statute and other docu- 1363, 1380, 1382, 1411. As to the ments in Fournier, Une corp. d'etu- somewhat similar but less formal diants &c., and now reprinted in his Society, in the College of Annecy, Statuts, II. Nos. 1332, 1344, 1345, see below, chap. xiv. CAHORS. 179 no information except that they included the attendance CH.VIII, of the officers of the Confraternity with torches at their JJ^_ funerals l. § 6. CAHORS (1332). CRUCIUS (La Croix), Ada et series episcoporum Cadurcensium, Cadurci, 1617. Statnta Academics Cadurcensis, Tolosse (no date). BAUDEL, Discours prononce a la distribution dcs prix du Lyce'e de Cahors (no date or place) ; and Notice historique sur rUniversite de Cahors, Cahors, 1876. BAUDEL ET MALINOWSKI, Histoire de VUniversite de Cahors, Cahors, 1876. The last is the only important work and reprints the Statutes, but as a collection of documents it is superseded by Fournier. Cf. LACOSTE, Hist. Gen. de la Province de Quercy, Cahors, 1833-5. The University of Cahors was erected on the basis of Founda- an old Cathedral School, where Licences had from an early tlon' 1332' period been granted more or less after the manner of regu lar graduations, though without the /?/.$• ubique docendi, by the Scholasticus of the Cathedral 2. The Bull of foundation was granted by John XXII, who was a native of Cahors, in 1332, on the petition of the Consuls of the City3. Among other Bulls afterwards conferred by the same Pontiff was 1 'Tenebuntur dicti bajuli cum Bull (ib. No. 1424) declares the brandonis dicte confratrie associare Scholastria to be henceforth a Can- funus ipsius defuncti ad ecclesiasticam cellaria. It is instructive to notice sepulturam.' Fournier, II. No. 1342 that, though the original Bull of (c. 1450-1480). foundation does not expressly confer 2 ' Quodque, sicut accepimus di- the jus ubique docendi, this later Bull lectus films Petrus Andree qui nunc assumes that the Chancellor already est scholasticus ipsius Ecclesie possesses the power of conferring Caturcensis et ejus predecessores it since the Studium had become scholastici ejusdem Ecclesie qui ' general.' Another Bull of the fuerunt pro tempore consueverunt same year, however (No. 1425), hactenus in Civitate Caturcensi excepts Paris from the jus ubique scolas conferre, et ibi legere volen- docendi. The Scholasticus was, it tibus legendi licentiam impartiri, would appear, styled Capiscol Bidellos creare/ &c. (Fournier, II. (Baudel, Discours, p. 3). In 1368 No. 1424). This Bull, like its Parisian Edward the Black Prince, as Duke prototype, gave the power of im- of Aquitaine, confirmed the Privi- prisoning scholars to the Bishop leges of this University, including only, but appears to recognize the the jus non train extra (Fournier, Chancellor's spiritual jurisdiction. II. No. 1433), and made his Seneschal 3 Fournier, II. No. 1422. A later Conservator. N 1 i8o THE UNIVERSITIES OF FRANCE. Fluctua tions. CH. VIII, an almost verbal reproduction of the celebrated Parens Scientiarum of Paris l. The constitution given to the University was that of the neighbouring University of Toulouse 2. Professorial chairs or Regentice were filled up at first by the Chancellor alone, afterwards by the Chan cellor, Rector, and Regents 3. A benefice-roll of 1343 contains the names of twelve Professors in all Faculties4 ; but by 1371 the founder of a College for ' Grammar and Logic ' at Cahors speaks of the Studium as * attenuated and, as it were, annihilated on account of the wars prevailing in those parts5.' In the preceding year the Duke of Anjou had assigned a small pension for the maintenance of four Doctors of Law and two of Arts for eight years, but this does not seem to have been continued6. A benefice-roll of 1378 contains fifty-eight names : in 1380 there are only twenty-seven, in 1394 ninety- eight 7. Another attempt to resuscitate the collapsed Studium was made in 1452 by Charles VII 8, but the Uni versity seems to have been chiefly kept alive by means of its three Colleges. These were : — the Colleges (i) de Pelegry (1358), founded by Raymond de Pelegry, Canon of London and Dean of a Collegiate Church in the diocese of Cahors9; (2) de Rodez, for Logic and Grammar and afterwards Law (1371), by Bernard de Rodez, Arch bishop of Naples 10 ; (3) de S. Michel (1473) by Jean Rubey, Archdeacon of Tornes11. Colleges. 1 See above, vol. i. p. 339. 2 ' Item quod pecunia que de col- lectis faciendis pro negotiis univer- sitatis et pro banchiis, vel aliis, nomine universitatis . . . deponatur penes aliquem bonum virum per Rectorem et Cancellarium ac ccn- siliarios studii eligendum.' Fournier, II. No. 1425. 3 Fournier, II. No. 1428; Statuta, p. 24. 4 Fournier, II. No. 1429 8 Ib. No. 1441. 0 Ib. No. 1437 sq. 7 Ib. Nos. 1443, 1445, 1450. 8 Denifle, I. p. 364. 9 Fournier, II. Nos. 1430, 1447. Cahors formed part of the Duchy of Aquitaine, and was then in English hands. The foundation was extended by Hugh de Pelegry, Treasurer of Lichfield, and Papal Collector in Eng land (ib. Nos. 1431, 1444; Denifle, Les Univ.ftanf. p. 89). Among the executors of the first Founder's will are the ' burgenses Londonenses.' 10 Fournier, II. Nos. 1441, 1461. 11 Ib. No. 1473. GRENOBLE. 181 § 7. GRENOBLE (1339). CH.VIII, VALBONNAIS, Hist, du Dauphine^. II. Geneve, 1721), prints some docu ments. Cf. NADAL, Hist, de rUn. de Valence, p. 64 sq. Fournier adds a few documents. BERRIAT-SAINT-PRIX, Hist, de Vancienne Universite de Grenoble (Revue du Dauphine, T. V. Grenoble, 1839). The University of Grenoble was founded by a Bull of Founda- Benedict XII, granted at the request of Humbert II, U Count of the Viennois, in 1339 for all Faculties except Theology l ; a separate Bull granted later in the same year gave the right of promotion to the Bishop with the jus iibique docendiz. Grenoble was badly placed for the seat of a University, since Dauphine lay in the debatable territory between the Empire and the French Monarchy. There is just enough evidence to show that the Studium actually came into existence 3 ; but it was never prosperous, and had clearly disappeared before the foundation of Valence in 1452 4. It was restored in 1543 5 by Francis of Bourbon, Count of S. Pol, on the petition of the Town Council. In 1565, however, it was suppressed and incor porated with the University of Valence by an edict of Charles IX6. 1 Fournier, II. No. 1546. The a most singular ' roll1 to Clement VI. Founder's Privilege of the same year It is presented exclusively for one is printed in Valbonnais, II. p. 412 ; Master of Arts, so poor that ' lapides Fournier, II. No. 1548. It contains et morterium, ob sue vite sustenta- a curious provision that Martineti tionem, in nostro opere deportavit.' (metal forges) shall be removed While endeavouring to present his three leagues from Grenoble, ' cum supplication to his Holiness he had sint vorrago nemorum et lignorum.' been atrociously wounded by the This was, of course, for the benefit Pope's satellites, and his petition of poor students in winter evenings. pitched into the Rhone. Wanted : a Fournier, II. No. 1549. a benefice 'cum cura vel sine cura' 3 Berriat-Saint-Prix, pp. 92, 93. in the diocese of Elne (Fournier, 4 See below, p. 201. II. No. 1553)- In J545 the Dauphin 5 Valbonnais, II. p. 413. salaries a Bachelor of Laws (ib. No. 6 In 1343 the University presented 1554)- 1 82 THE UNIVERSITIES OF FRANCE. CH.VIII, § 8. ORANGE (1365). §8. Insiitutio^ pnvilegia, statuta &>c. Universitatis civitatis Arausionis, Arausione, 1718. MILLET, Notice sur f Universite d' Orange, Avignon, 1878. Origin of A Studium of Law and Grammar existed at Orange from Stadium. the second haif Of the thirteenth century. In 1268 we find an agreement between the Bishop and the two Princes of Orange, uncle and nephew, who both bore the name of Raymond de Baux. In this document the Bishop waives the objections which he had apparently raised to the setting up of a Studium by the secular power. Further regulations for its government are to be made by the Archbishop of Aries1. Founda- In 1365 the School obtained a highly peculiar and ex- on' I3 5> ceptional Privilege from Pope Urban V 2. This Bull recog nized the Studium, and ordained that study at Orange should entitle students to take degrees in other Universities but not at Orange itself. The document is interesting as throwing light upon the true differentia of a Studium Generale, which has been sometimes mistakenly supposed to consist in the mere possession of Papal privileges. Orange became henceforth a privileged Studium Particu- lare : it was not a Studium Generale because it had no right of promotion or jus iibique docendi. But later in the very same year Orange found means of obtaining from another source full University privileges, which had been denied by the Pope. Orange belonged to the Kingdom of Aries and therefore to the Empire: and when in June, 1365. l> I3(^5' Charles IV came to Aries to be crowned, the Prince of Orange and the Syndic of the town obtained from him a Bull which recognizes the Studium as already existing, and confers upon it the privileges of a Studium Generale in all Faculties, though Theology is not specially named 3. The Licence was to be conferred by the Provost of the Town 1 Fournier, II. No. 1541. 3 Institutio, &c. p. i; Fournier, 2 Ib. No. 1542. II. No. 1543. ORANGE. 183 with the assistance (in the infancy of the Studium) of the CH.VIII, Rector of the University. In the next year we hear of the § 8 University as having been totally extinguished by a Papal interdict but recently ' reformed by Papal favour l ' — a state ment not easy to interpret. The Bull of Charles IV was afterwards in 1379 confirmed by the Avignon Pope Clement VIP. After these two Bulls it is strange to find Sixtus IV in Suppres- 1475 issuing a Bull against those who took degrees at Slon' 1475' 'Orange and other places where there was no Studium Generale.' Either the privileges conferred by the Bulls were considered to be dependent upon the de facto con tinuance of instruction of the Studium Generale type (which is in itself probable), or the Papal Chancery had received its information from a partial source. The Bull, it appears, was granted in favour of the rival University of Avignon 3. An edict of Charles VIII in 1485 throws some light upon the state of things which had called for the Papal interposition. There was, it appears, a single Master, one Honorat Picquet, who really only taught Grammar, but called himself a Master of Arts. He was in the habit, it would appear, of constituting himself Rector of the Uni versity for the purpose of conferring degrees in all Faculties upon ' vagabond, ribald, unprofitable, and ignorant scholars ' who had been refused degrees elsewhere 4. At the request of the University of Montpellier the promotions at Orange were forbidden in future, but the University managed to escape absolute extinction. Its ignoble existence can just Obscure be traced into the eighteenth century. When the traveller survival- Golnitz visited Grenoble in the seventeenth century, there was a joke current in the place to the effect that the three persons who were necessary to constitute a College or Corporation were supplied at Orange by the Rector, the Secretary, and the Bedel 5. 1 Denifle, Les Univ. franc, p. 94. No. 1367. 2 Fournier, II. No. 1545. * Fournier, II. No. 1184. 3 Laval, Cartulaire de VUniv. 5 Ulysses Belgico-Gallicus (Lugd. d'Avignon, p. 118; Fournier, II. Batav., 1655), p. 422. 1 84 THE UNIVERSITIES OF FRANCE. CH.VIII, § 9. AlX (1409). §9- HENRICY, Notice sur Tancienne Universite d' Aix. Aix, 1826. CHAVERNAC, Hist, de I' Universite d 'Aix, Aix, 1889 ; a not uninteresting but very uncritical production. The Statutes (1420-1440) were first printed by BLACAS, Almce Aquarum Sextiarum Universitatis vetera et nova statuta. constitutions el consuetudines, Aquis-Sextiis, 1667. Cf. also PITTON, Histoire de la Ville d'Aix, Aix, 1666. Possible Aix was the capital of Gallia Narbonensis secunda, the connexion with the earliest home and the last refuge of Roman civilization in old Roman Gaul styiecj by the elder Pliny ' another Rome in another town- > school. . Italy V The old Roman Schools and the culture which they fostered lingered here as long as they lingered any where : and a somewhat degenerate Classicism certainly survived in Provence long after it was extinct in Italy itself. It is even barely possible that the Cathedral School of Aix, which attained some importance both before and after the eleventh-century revival of letters, may have originally had some connexion with the old Roman town-schools : such a conjecture might be supported by the very unusual circumstance that the Syndics of the town had a share in the appointment of the Scholasticus who presided over the Cathedral Schools2. The minute and cir cumstantial account given by Dr. Chavernac of the ' University ' of Aix before the date of the Papal Bull is, however, so mixed up with historical delusions and so entirely unsupported by original authorities that it is almost impossible to extract from it any trustworthy facts as to the condition of the Schools here in the twelfth and thirteenth centuries. It appears to be made up by the aid of the convenient assumptions which we have seen to be responsible for so many pages of University history. The first of these is the assumption that every place where 1 ' Ut Roma altera altera in Italia Scholasticus. Besides this official jure appellari mereretur.' Hist. Nat. there was here a Theologus and LIV. 3. cap. 4. a Capiscol or Caput Chart or Scholce 2 Chavernac, p. 32, calls him (Master of the School of Music) ; Scholarius, but if this form is found all these were provided with pre- it must be only a parallel form of bends. AIX. 185 Professors taught was a University; the second, that CH. vin, wherever a Doctor or Professor of Law is mentioned in J^* a deed relating to a particular town, he must have graduated and taught in that town ; the third that writers of the six teenth and seventeenth century can be trusted when they apply the technicalities of the University system to the early state of Schools in which they are interested without producing contemporary evidence. It does seem, however, A solitary possible to disengage from this jumble of confused and Gradua- uncritical erudition1 the fact that at some time before 1303 tion> the Jurist Jacques de Beauvoir, afterwards the Master of Bartolus, received at Aix the degree of Doctor in Civil Law from Peter of Ferrieres, afterwards Archbishop of Aries 2, himself a distinguished Jurist. So far it might seem that Aix has as good a right to be But no styled a Studium Generale as Orleans or Montpellier before the issue of the Papal Bulls conferring on them the jus ubique docendi. But the very words in which this solitary instance of graduation at Aix is recorded are sufficient to show the exceptional character of the occur rence. It was 'in the King's Court and in the King's presence' that Jacques de Beauvoir received the Doctorate. The King was probably Charles, King of Naples and Count of Provence. And one is tempted to conjecture that this graduation was an incident in the great struggle of the age between spiritual and temporal sovereignty— an attempt to place the secular power on a level with 1 The writer still believes in the juris utriusque professoris . . . qui story of the discovery of the Pandects me doctoratus honore, in Aula Regis, at Amalfi (p. 35). For his statement civitatis Aquensis, ipsiusque prae- that a Studium Generale was estab- sentia, decorauit.' Jacobus de Bello- lished at Aix in 1196 by Alfonso I, visu, A urea Practica Criminalis Count of Provence, he gives no (Coloniae, 1580, pp. i, 2). This authority except De Haitze, Hist must presumably have been before d'Aix, T. I. p. 216 (which appears his elevation to the see of Noyon in from Henricy to be in MS.), at the 1302 (Gall. Christ.}. He was Arch- same time declaring that Paris was bishop of Aries from 1303-1307. called a Studium Generale in the Pitton (p. 597) adds that Durandus tenth and eleventh centuries! (author of the Rationale, t 1296) took 2 ' Ad preces reverendi patris et the degree of Doctor of Law at Aix, domini mei, D. Petri de Ferrariis, but without mentioning any authority. 1 86 THE UNIVERSITIES OF FRANCE. CH. VIII, the Papacy in the conferment of exceptional degrees. If the ^ 9' reference be too vague to warrant such an inference, the evidence is certainly insufficient to enable us to pronounce that Aix was ever regarded as a Studium Generale before the date of its Papal Bull l. At all events, by the fifteenth century, the claims of the place to that dignity had ceased Bull of to be sufficiently recognized to satisfy students, and V e*4oo* r measures were taken by the Ediles for procuring a Papal Bull. On their petition, Louis II, King of Jerusalem and Sicily, Count of Provence, who was also the founder of the Parlement at Aix, took advantage of his journey to Italy in 1409, on the crusade against Ladislaus of Naples, to urge the claims of his capital upon Alexander V, the newly elected Pope of the Council of Pisa2. An adherent of such importance as the Count of Provence, and zealous enough to tender his homage to the Pontiff in person, was not likely to make so innocent a petition in vain. The Bull now issued recognizes the fact that ' certain Masters in Theology ' were actually teaching in Aix. It does not, however, recognize the existing Studium as an actual Studium Generale, but proceeds to create one for all Faculties with the privileges of Paris and Toulouse. Constitu- The Count's Letters Patent were issued in 1413, after his return to Provence. They compelled all Proven9al students to study at Aix only 3. No Chancellor had been named in the Papal Bull. The then Archbishop was now made first Chancellor of the University for life : but it was provided that upon his death the Chancellor should hence forth be freely elected by the Rector, Masters, and Licen tiates 4 — a very exceptional arrangement to which there is 1 Chavernac declares that the inadequate appreciation of the sub- ' anterior existence ' of these Faculties junctive mood. The Bull recognizes is implied by the words of the Bull, the existence of ' nonnulli magistri ' Adjicimus quod dictum generale in sacra pagina atque plerique doc- studium, in eadem civitate, in sacra tores et scholares in jure canonico theologia, necnon in canonico et et civili,' but creates the Studium civili jure et in quibuscunque licitis Generale for the first time, facultatibus hujusmodi vigeat' (ib. 2 Chavernac, pp. 81-84. pp. 84, 85; Fournier, No. 1577). 3 Fournier, III. No. 1578. Dr. Chavernac appears to have an * Ib. III. Nos. 1581, 1582. DOLE. 1 87 no exact parallel in any other French University. The CH- VIII> nearest approach to it is at Montpellier. The constitution, _,, „ j however, differed from that of the Medical University of Montpellier in having a Rector (sometimes styled Primi- cerius, as at Avignon) as well as a Chancellor ; while at Montpellier, moreover, the Chancellor did not confer degrees. The Rector was to be a ' simple student,' who nevertheless possessed an apparently unlimited civil and criminal jurisdiction in all cases wherein one party was a Doctor or scholar of the University, subject to the pro vision that the defendant dissatisfied with the Rector's decision might demand the ' adjunction ' of ^.Doctor legens^. The Consiliarii, elected annually by their predecessors, were eleven in number2; one was to be a Canon of Aix, two Theologians but not Doctors, one a representative of the medical Faculty (likewise not a Doctor), one a Master of Arts, and the others elected by the three Nations,, which were styled (as at Montpellier) Burgundian, Provei^al, Catalan 3. The constitution was entirely that of a Student- university ; the * College of Doctors ' have here no great authority except in the conferment of degrees 4. § 10. DOLE (1422). LABBEY DE BILLY, Histoire de TUniversite du Cotnte de Bourgogne, Paris [no date]. BEAUNE ET D'ARBAUMONT, Les Universites de Franche- Comte, Gray, Dole, Besancon, Dijon, 1870. As early as the year 1287, when it was the exception Abortive rather than the rule for a small principality to have a Uni- at 1 The clause runs as follows : ' nisi the Councillors receiving extra por- supplicaretur a dicti domini rectoris tions, and the Rector twice as much sententia, aut peteret adjunctum, as a Councillor. videlicet unum doctorem legentem, 3 ' De regentibus scholas in civi- prout infra, opponendo contra tate.' Ib. dictam sententiam iniquitatem aut 4 There seems to be a limited nullitatem.' Fournier, III. No. 1582. number of ordinary chairs, but leave 2 At the University Mass every to erect a new chair is vested with Sunday blessed bread was distributed the Rector, not with the Doctors to all members of the University, (Ib. § 52). l88 THE UNIVERSITIES OF FRANCE. CH. VIII, versity of its own, the idea of establishing a University of ^ all Faculties in the County of Burgundy (Franche-Comte) was conceived by Count Otho IV. A charter erecting a Studium Generale at Gray was issued in that year1 : and in 1291 a Bull was actually granted by Nicolas IV2; but we learn from the later foundation-bull of Dole that the University never actually came into being 3. The wars in which the Count was engaged, the temporary annexation of Burgundy to the French Crown by the marriage of Otto's daughter Jeanne to the second son of Philip le Bel (after wards Philip V of France), and the great fires which reduced the town of Gray to ashes three times in the course of the fourteenth century are quite sufficient to account for the non-realization of the project. When the academical aspirations of Franche-Comte were revived, the quieter Dole, the seat of the Count's Parlement, was preferred to the busy commercial town of Gray as the site of its Uni versity though the latter made strenuous efforts to obtain the coveted honour for itself4. Founda- A Bull for the erection of a University at Dole was glinted by Martin V in 1422 on the petition of Philip the Good, Duke of Burgundy 5. The Bull is expressed in a rather unusual form. It is addressed to the Archbishop of Besan9on, and authorizes him, if the ' said place is more apt and fit than the place of Gray in the said diocese,' in which a University was formerly erected, to establish a Studium Generale at Dole, and to confer upon it the privileges of other Universities. The Studium is declared to be for all Faculties, but the right of promotion is limited by the exclusion of Theology. The Archbishop is 1 Beaune et d'Arbaumonl, pp. r, 2 ; The Bull is also printed by Denifle, Fournier, II. Nos. 1567, 1568. Archiv f. Kirchengesch. IV. p. 2 Fournier, I. No. 1566. 248 ; and now by Fournier, III. 3 ' Locus de Grayaco dicte diocesis No. 1611. in quo olim felicis recordationis * Beaune, pp. xx, xxi, 14. Nicolaus, papa quartus, predecessor 5 Beaune, p. 3; Fournier, III. No. noster, per suas litteras Studium 1611. A Bull of the preceding month generale nondum tamen inibi in- directing an inquisition into the ceptum vigere et esse concessit.' expediency of such an erection is Bull for Dole ap. Beaune, pp. xiii, 3. lost. (76. No. 1610). DOLE. 189 made Chancellor. In 1423, Ducal Letters-patent decreed CH. vill, the establishment of a University, confirming the grant of \^_ 9,693 livres voted by the Estates of Burgundy for procuring the Bull, erecting buildings, and paying Professors. Ex emptions from taxation and other privileges were conferred, the Duke's Bailiff at Dole created Conservator, and an endowment granted1. The right of graduation in Theology was bestowed by a Bull of Eugenius IV in 1437 2. The constitution of the University was a modified Consti- democracy of a somewhat new type, followed by several tu of the later French Universities 3. The Rector was to be a Licentiate, Master of Arts, or Bachelor of Law, and must not be a native of Dole. He was elected by the ' Proctors and Councillors 4 ' chosen by the five Faculties, Canon and Civil Law ranking as separate Faculties and Theology being included in spite of the prohibition of graduation therein. The General Congregation included students of all grades, but the ordinary government was in the hands of a College composed of nobles (' living as such ') above twenty years of age, all Licentiates, all Baccalarii formati in Theology, the Regents5, the Proctors and Councillors of Faculties, and the Procurator Generalis. The Rector had a full jurisdiction in causes of scholars G, but in criminal cases involving ' pena sanguinis ' he was to try lay scholars in conjunction with the Ducal Bailiff: such offenders when clerks were, of course, sent to the Bishop. A body of three external ' Distributors,' originally ap- pointed by the Duke merely to superintend the administra tion of the public funds devoted to the support of the Studium, eventually acquired an increasingly extensive 1 Beaune, pp. 7, 21 ; Fournier, III. interpretation. Yet in § 53 we Nos. 1614, 1615, 1617, 1622. have ' procuratores Facultatum, con- '2 Fournier, III. No. 1623. siliarii earundem.' 3 Cf. above, p. 174. The Statutes 5 Fournier prints ' regentes. pen- (1424) are printed by Fournier, III. sionati,' as if two classes. It should No. 1616. be of course ' Regentes pensionati,' * How many of each does not i.e. salaried Regents, appear : § 12 might suggest that 6 From the Rector an appeal lay each Nation had one ' Proctor or to the College, and from the College Councillor,' and § 58 confirms that to the University. 190 THE UNIVERSITIES OF FRANCE. CH.VIII, control over its affairs l. The appointment of the Regents was transferred from the College to the Distributors. Their position, in fact, was exactly that of the ' Governors ' Colleges, or ' Curators ' of the Italian Universities. The Cluniac College of S. Jerome was founded by Antoine de Roche, Grand Prior of Cluny, in 1494, and a Cistercian College in 1498 2. Rival Uni- In 1445 there broke out at Besancon one of those quar- . re^s wmcn were of such frequent occurrence in the Middle Ages between the great feudal prelates and their semi- autonomous see-towns. In the course of the quarrel the citizens burned the Archbishop's Chateau of Bregille. An interdict followed, and the City was obliged to send a deputation to Rome to get it taken off. In 1450 the Pope condemned the citizens to rebuild the palace and pay an indemnity ; but, at the same time, by way of relief to the civic amour propre, the envoys succeeded in obtaining from the reigning Pontiff, Nicolas V, a Bull for the erection at Besan9on of a Studium Generale in Arts only 3. This unusual limitation was no doubt introduced out of con sideration for the rights of the neighbouring University of Dole, which was for the most part a University of Theology and Law. The Archbishop was named Chancellor ; the Abbot of S. Paul, the Chanter of the Cathedral, and the Dean of S. Mary Magdalene, Conservators. War, pesti lence, civil commotion, and the unwillingness of the House of Burgundy to allow of even a restricted rivalry to Dole long prevented any real execution being given to the Bull. It was not till Besancon took the side of France in the last conflict between Louis XI and his great Burgundian feuda tory that Besan£on was rewarded and the Burgundian Dole punished by the transfer of the University in all its Faculties from the former to the latter town. The pillage 1 Beaune, pp. Ixi sq., Ixxiv ; 2 Ib. p. xcviii ; the Statutes Labbey de Billy, I. p. 45. As usual in of the former in Fournier, III. French Universities the chairs were No. 1643. filled ' au concours,' i. e. by public 3 Beaune, pp. clxxx, 24 ; Fournier, competition. Beaune, p. Ixxix. III. No. 1626. POITIERS. 191 and burning of Dole by the French, in spite of a gallant CH. vm, resistance, in which the students of the University dis- 0 tinguished themselves, took place in 1479: the King's Suppres- letters patent in favour of Besangon were issued in 148^ *. Dole, 1481 A curious accident, however, prevented the people of Besangon from enjoying their triumph. The King's Physician Coitier, a native of Poligny, used his influence to persuade his dying patient to transfer the University of the conquered and ruined Dole to Poligny by Letters Patent of 1483 2. The University not having been actually Transfer- established either at Besangon or at Poligny, Dole was, however, able in the following year to procure the restora- i483- tion of its privileges from Charles VIII, and Besangon did not obtain a full Foundation-charter till 156^ 3. Meanwhile, a Municipal College was erected at Besangon in 151 14, which may possibly, on the strength of the old Bull of Nicolas V, have claimed the privileges of a Studium Generale in the Faculty of Arts. Even after the issue of the Bull, the restored University — though fora time a flourishing Protestant Law School — enjoyed but an intermittent exist ence ; and it was not till 1691, after the final conquest of Franche-Comte by Louis XIV, that its triumph over its ancient rival was completed by the final transfer of the University of Dole to Besangon 5. § 11. POITIERS (1431). De rUniversite de la Ville de Poitiers . . . Extrait dun ancien Manuscript latin, garde en la bibliotheque de M. Jean Fileau. Poictiers, 1643. A copy of this rare book, or rather pamphlet, which contains the foundation-charters and the proces-verbal of the proceedings at the inauguration of the Univer sity, is in the University Library of S. Andrew's (now printed by Fournier, III. No. 1721). There is a very short notice in DREUX DU RADIER, Biblio theque du Poitou, Paris, 1754 ; T. I. p. 387 sq. The Article by DE LA LABOR- 1 Beaune, p. xci, 28; Fournier, Privileges. Ib. No. 1657. III. No. 1632. 3 Beaune, p. 33 ; Fournier, III. 2 Beaune, p. 31 ; Fournier, III. No. 1638. Nos. 1634, 1955. At the same time 4 Beaune, p. clxxxix. Coitier was named Conservator of 5 Ib. pp. clxxxix-cxcii, 62. 192 THE UNIVERSITIES OF FRANCE. CH.VIH, LIERE, ap. Bulletins de la Soc. des Ant. deT Quest (1844, p. 68 sq.} and his » **• notices in Vieux Souvenirs de Poitiers cTavant 1789 (Poitiers, 1846), relate chiefly to a more modern period. The same may be said of the Essai historique sur I anc. Un. de P. by PILOTELLE, Bulletin, I.e. T. XXVII. 1863, p. 251 sq. Origin. During the English occupation of Paris the great French University, of course, passed under English influence, and it became an object with the exiled King to weaken that influence, and to draw students away from what had become his enemy's capital. It was not, however, till 1431 that Charles VII obtained from Eugenius IV a Bull for the erection of a University in his temporary capital at Poitiers J ; a Charter of Privilege was issued in the follow ing year ( 143^), when the University was solemnly opened 2. The Papal Bull conferred upon the University all the privileges of Toulouse, and declared that it was to be on the model of that Studium 3. Constitu- The actual constitutional arrangements of the University would, however, appear to have very imperfectly carried out this injunction, except in so far as they exhibit (like those of Toulouse) a compromise between the Parisian and the Bolognese pattern. There was a single Rector ; and the University, or rather the two legal Faculties only, were divided into four Nations: (i) France, (2) Aquitaine, (3) Touraine, (4) Berry. Each Nation elected a Proctor 4. All graduates — Masters, Licentiates, and Bachelors — were admitted to the General Congregation except Bachelors of Arts. But there is a special provision that the Faculty of Law was to be governed after the manner of Orleans, which would imply the possession of some rights by mere stu dents in that Faculty. The Abbot of S. Maixent was to be made Apostolic Conservator, and the Seneschal Con servator of the Royal Privileges. The new University — doubtless through some private influences of which we know 1 Printed in Bulaeus, V. p. 842 ; 3 ' Ad instar ipsius studii Tholo- Fournier, III. No. 1719. sani.' 2 Bulaeus, V. p. 844; Fournier, 4 Fournier, III. No. 1721. Cf. No. III. No. 1720. X748. POITIERS. 193 nothing — was totally disconnected with the Cathedral, the CH.VIII, Chancellor being the Treasurer of the Collegiate Church _^_ of S. Hilary. In the year 1448 the Municipality began the construction Subsequent of the ' Great Schools ' of the University *. At about this history< time the City is found, in obedience to Royal orders, making certain grants in payment of salaries to the Regents 2, and the City magistrates frequently invoke the Royal authority for the correction of the numerous ' abuses' which at this time prevailed in the University, especially graduation without sufficient residence or qualification, and the absence or negligence of the Regents 3. It is not till the close of the century (1488) that we meet with any actual Statutes of the University4, and then the constitu tion appears somewhat different from that contemplated at its first foundation. It is now clear (whatever may have been the case earlier) that only noble students have a deliberative voice with the Doctors, Licentiates, and Bachelors in the Jurist Nations. The choice of a Rector rotated, in a manner not very clearly defined, between the four Nations and the other Faculties (represented by their Doctors 5). In the Faculty of Law there were four Regents, who co-opted each other after a public disputation in which the candidates were required to dispute with all comers c. In 1463 a College of Puygareau, for a Prior and eight College of scholars in Theology and Arts, was founded by Franchise Gillier, Lady of Puygareau and widow of an Advocate- fiscal in the Parlement of Paris 7. 1 Fournier, III. No. 17305^.; also gubernata per duas Facultates et a Library in 1459 (No. 1744). quatuor nationes, videlicet per Facul- - Fournier, III. Nos. 1724, 1735, tates artium et Theologie, cui Facul- 1736, &c. tati adjungitur Facultas medicine.' 3 Fournier, III. Nos. 1742, 1758, Presumably each Nation and each 1759. Faculty had one turn in six. * Fournier, III. No. 1765. 6 Fournier, III. Nos. 1723, 1767. 5 The University is ' Directa et 7 Fournier, III. No. 1763. VOL. II. O 194 THE UNIVERSITIES OF FRANCE. CH. VIII, § 12. Law University, 1432. Bull of Eugenius IV for all Faculties, 1437- § 12. CAEN (1437)- There are slight notices in CH. DE BOURGUEVILLE (SiEUR DE BRAS), Les Recherches et Antiquitez de la province de Neustrie . . . mat's plus speciallement de la Villc et Universite de Caen, Caen, 1588 (reprinted 1833) ; HUET, Les Origines de la Ville de Caen, Rouen, 1702 (2nd ed. 1706) ; and DE LA RUE, Essat's historiques sur la Ville de Caen, Caen, 1820, and Nouveaux Essais hist, sur la Ville de Caen, Caen, 1842. A full account of the Law Faculty is given by CAUVET, Le College dcs Droits de Vancienne Universite de Caen, Caen, 1858, and Vancienne Universite de Caen, Caen, 1874 (Me'moires de I' A cad. des Arts et Belles-lettres de Caen]. The work of LE COMTE AMEDEE DE BOURMONT, La Fondation de V Universite de Caen (ap. Bulletin de la Soc. des Antiquaires de Normandie, T. XII., Caen, 1884) is a very careful history with full collection of documents (also La Bibliotheque de T Universite de Caen au XV& siecle, 1881). Other documents were published by CHARMA in Mem. de la Soc. des Ant. de N. 1876 i^ser. 3. T. II.). There is also a Liste des Recteurs de lancienne Universite de Caen by CHATEL (Bull, de la Soc. des Ant. de Norm. 1881-2, T. XL). Like Poitiers, the University of Caen owes its existence to the French wars of the English King Henry VI. A Uni versity of Canon and Civil Law was erected here in 143^ by the Regent, the Duke of Bedford, under Letters-patent of Henry VI1. The consent of Martin V had already been obtained, but no Bull granted. As Paris was in the hands of the English, and the new University was to be purely legal, it is evident that it was intended as a rival rather to such places as Orleans and Angers than to Paris. Nevertheless the scheme met with a violent opposition from that University. Its Masters vainly petitioned the Parlement of Paris, the Council of Bale, and afterwards Eugenius IV, against this addition to the number of its competitors 2. After the expulsion of the English from Paris in 1436^ the scope of the University was extended to the other Faculties 33 and in 1437 a Bull of erection was granted by Eugenius IV4. The diocesan, the Bishop of Bayeux, was appointed Chancellor, and shortly afterwards the 1 De Bourmont, p. 477 ; Fournier, III. No. 1644. 2 De Bourmont, p. 328 sq. ; Four nier, III. Nos. 1645, 1646, 1650. 3 Theology and Arts in 1437, Medicine in 1438: de Bourmont, pp. 480, 482 ; Fournier, III. Nos. 1647, 1650. * De Bourmont, p. 564 ; Fournier, III. No. 1644. CAEN. I95 Bishops of Lisieux and Coutances Conservators1. The CH. vin, solemn inauguration of the University took place in 1439 : §^2- the first Rector being an Englishman, Michael of Tregury, B.D., of Exeter College, Oxford, Archdeacon of Barnstaple, and afterwards Archbishop of Dublin 2. The measure was as usual popular in the neighbourhood : Confirma- the Bull had been granted on the petition of the Estates of cT^\L Normandy, and the University was therefore not inter- VII, 1450 fered with, in spite of the renewed efforts of Paris3, on and I452< the re-annexation of the Duchy to the French Crown. Upon the petition of the Estates it received a temporary continuation in 1450 and in 1452 a new Charter from Charles VII 4. The University, in the form which it assumed after the Constitu- loss of Paris, was deliberately intended to divert the tion' Norman subjects of the English king from attending the University of the capital. It was completely modelled on that University, with a few slight constitutional modifica tions necessitated by the smaller numbers and different circumstances of Caen. Students and Bachelors have no more power than at Paris ; but the Licentiates of the four superior Faculties (the Civil and Canon Laws being reckoned as distinct) are admitted to vote in Congrega tion 5, and the voting is by Faculties. The Rector is elected by Intrants from the five Faculties 6 ; he may himself be 1 De Bourmont, p. 568 ; Fournier, 484 sq.-t Fournier, III. No. 1652. III. Nos. 1648, 1651. It is observable that in this Univer- 2 De Bourmont, pp. 337 sg., 373 ; sity the privileges of graduates were Fournier, III. No. 1653. Tregury not limited to a small co-opting is said to have written a tract ' de College of Regents. In 1480, how- origine illius studii,' Cf. Boase, Reg. ever, the interference in academical of Ex. Coll., ed. 2, I. p. 22, which, affairs of non-academical graduates however, is not known to survive. became so serious that the Faculty a Bulaeus, V. pp. 426, 536, 554; of Arts found it necessary to deny a Fournier, III. No. 1666. vote to non-teaching Masters residing 4 De Bourmont, pp. 557, 560; in the neighbourhood, on the ground Fournier, III. Nos. 1674, 1678. The that the privileges of the University Faculty of Law was suppressed by were limited to those residing < studii the first edict but revived by the causa' (Fournier, III. No. 1689). second. e ^n arrangement already adopted 5 The University Statutes of 1439 at Dole, though there Doctors were are printed in de Bourmont, p. ineligible. See above, p. 189. O 2 196 THE UNIVERSITIES OF FRANCE. CH. VIII, a Master of any Faculty, but, if a Master of Arts, must be § I2t also a Bachelor in one of the superior Faculties. The change necessitated a Dean of Arts *. There are no Nations or Proctors. None but purely academical jurisdiction is conferred upon the Rector : and the Statutes, which are enacted by authority of the English King, betray an anxious desire to confine the privileges of the University to bona fide students, and to restrict even in their case the jurisdiction of the Royal Conservator — the Bailiff of Caen — to purely ' personal causes and injuries2.' In the strictness of these Statutes of 1439 in reference to 'night-walking3' and other conduct of the students, it may, perhaps, not be fanciful to trace the effects upon University discipline of an army of occupation, whose purposes the University itself was intended to serve 4. A small constitutional peculiarity of the University remains to be noticed. Civil and Canon Law formed, as we have seen, distinct Faculties : but the two Faculties were from 1443 housed in an ancient Court-house known asZnly by fees. A permanent Professoriate was thus formed very like that established in the German Universities by the totally different system of endowed Collegiatur the Teutonic Masters and scholars departed ; a few perhaps to reinforce younger Universities like Heidelberg and Cologne, a larger contingent to found at Leipsic the most illustrious of the ancient Universities of Germany proper 1. Import- The German exodus from Prague constitutes something ance of this more than an epoch in the history of Universities and of event on Hussite the University system of Europe. A knowledge of the t- academic conflicts which terminated in May, 1409, is essential to a just appreciation of the general history of the period, and particularly of the causes which led up to the tragi-comedy of Constance and the darker tragedy which sealed the fate of the Bohemian nation. The final split between the German and the Czech elements at Prague was immediately occasioned, we have seen, by the ardour of the Bohemians for ecclesiastical reform. Although sym pathizing more or less overtly with Wycliffe, Hus declined to follow him in his most startling heresy as to the sacrament of the Altar : the aims of his party were not very different (though its zeal was more unquestionable) from those of the small group of comparatively liberal divines which had at this time acquired so much influence in the Mother Uni versity of Paris. The revolt against the contending Pontiffs, which the Bohemians had joined and which the Germans 1 Tomek, pp. 60-69 ; Docs, in Hof- even allowing for a small proportion ler, Geschichtschreiber, Th. II. 156 sq. having found their way to Erfurt and The I5th cent, chronicler Procopius Heidelberg (at neither is there any (Geschichtschreibcr, Th. I. p. 70) says large increase of matriculations), do that over 2000 left in one day and not support such an extravagant esti- went to Leipsic. ^Eneas Sylvius mate. It is said that some of the stu- (Hist. Bohem. cap. 35) adds that 3000 dents went to Cologne, but here there followed shortly afterwards. Thetotal were only eighteen matriculations in number Hofler estimates at 20,000 June 28-Oct. 9, 1409, and but thirty (Husu.d.Abzug,^.'2.\r])\ Butthe6o2 in the following quarter (Keussen, admitted at Leipsic (see below, p. 254, Matrikel d. Univ. Koln, I. p. 112 sq.}. PRAGUE. 227 refused to join, was in the main the work of the University CHAP. IX, of Paris. Yet at this time we find the reformers of Paris _*,'• joining with the anti-reformers of Germany to condemn and to burn the reformers of Prague. What is the explana tion of this strange transformation ? Partly no doubt the fact that the Bohemian movement represents a genuine out burst of popular religious fervour, while the Parisian move ment was at bottom a merely ecclesiastical demonstration. The Bohemian movement seriously threatened the inor dinate wealth, the luxury and immorality, the idleness and secularity of the clergy as a body : while the Parisian movement was little more than an outcry of the educated clerical class against abuses by which they did not profit. To some extent it is true also that the doctrinal heresies of Wycliffe (including, in some cases, his denial of transub- stantiation) had found sympathisers at Prague, while the reformers of Paris were men of the most rigid orthodoxy. But the total absence of sympathy from first to last between the Hussite party at Prague and the Gerson party at Paris cannot be completely understood without taking into con sideration the philosophical antagonisms of the Schools and the streets of the Bohemian University. By the time of the Council of Constance Nominalism was in the ascendant at Paris as well as in Germany. Hus was condemned almost as much for being a Realist in Philosophy as for being a heretic in Theology. By a strange irony of fate Hus, though he professed to accept the doctrine of Transubstantiation, was condemned because the Nominalists of the fifteenth century had persuaded themselves that a Realist could not firmly hold in its integrity a doctrine which owed its existence as an article of Faith to the extravagant Realism of an earlier age. And the outcry against Hus was of course largely the work of his old antagonists in the Bavarian, Saxon, and Polish Nations: the exiles from Prague had carried with them into their new Universities the tradition of hostility to Hus and the Bohemian reformers. At the Council of Constance the very men who had been beaten in the encounter with Hus Q2 228 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, and his party at Prague clamoured for his blood. The _*,*•_ national insult of 1409 was wiped out at Constance. And the quarrel did not end at Constance. The Bohemian nation itself fell a victim to the racial animosities which had been so loudly emphasized and so sorely aggravated — though unquestionably they had not been engendered — in the scholastic debates, the academic parties, and the student street-fights of the Bohemian capital. Rupture Sooner or later the disruption of the bi-racial University Czech and was inevitable : Teuton and Czech could not live and study Teuton together in the same Schools. Even at the present day, inevitable. s /J beneath the strong hand of a military monarchy, the separa tion seems inevitable, and the Bohemian capital now embraces two distinct Universities, a Czech University which still holds aloft the standard of Nationality, and a German University ministering to the wants of students whose patriotism does not rebel against the wider culture to which the German tongue is now the indispensable key. Progress of In the earlier stages of the reform-movement at Prague, movement tne Bohemian element in the University appears as a united body. But, when Hus gradually drifted into open disobedience to ecclesiastical authority, the inevitable moment arrived when the more conservative or more luke warm of his disciples were offended at him and walked no more with him. From about the year 1412, when Hus publicly disputed against the Papal indulgences granted in aid of the Crusade against Ladislaus of Naples, the Theological Faculty — that is to say, the Doctors — stood aloof. The ardour of these elderly reformers had been effectually cooled by a sharp touch of persecution. Hus's old Master, Stanislaus of Znaim (who had at one time gone to greater lengths in the direction of Wycliffism than his pupil) and his most intimate friend, Stephen Palecz, had been imprisoned at Bologna, when acting as his envoys to the Papal Court 1. Henceforth the Theolo gical Faculty proper became his enemies. But the Uni versity as a body — including, it must be remembered, all 1 Tomek, p. 60 5*7. PRAGUE. 229 the younger Theologians, who were Masters of Arts and CHAP. IX, Bachelors or students in Theology — were in his favour. ^*' And their support was steadily continued throughout his trial and after his condemnation. To trace the various steps by which their sympathy was Sympathy shown would be possible only in a special history of the Wlt University, and would almost involve writing the history of Bohemia during this momentous crisis in her national exist ence. Suffice it to say that the University as a body refused to submit to the Council of Constance as strenuously as they had refused to submit to the decisions of Archiepiscopal Synods or Papal delegates. In 1417 the privileges of the University were suspended by a decree of the Council ; while the University unflinchingly maintained the principle of Communion in both kinds 1. The revolt of Prague, not only against Ultramontanism but against what for want of a better term we may call Medievalism, was thus far more complete, as it was far more unanimous, than the revolt of Oxford in the days of Wycliffe. It has been said that moral movements come from below, Scholas- intellectual movements from above. The remarkable Unites with feature of the Oxford movement in the fourteenth century popular and the Prague movement of a generation later — a feature which completely distinguished them from the Gersonite movement at Paris — was that in them an intellectual current from above united itself with a moral current from below. WyclifTe and Hus were both of them great ^preachers and popular leaders as well as Professors, the creators of a vernacular literature as well as Scholastic Theologians. Both at Prague and at Oxford the move ment was eventually suppressed because the two elements — the movement from above and the movement from below — could not hold together. At Oxford Wycliffe's teaching aroused or became identified with socialistic tendencies which alienated the Court and the upper classes of lay society generally. At Prague, after the revolt of Bohemia against the decrees of Constance, the University divines 1 H6fler, Geschichtschreiber, Th. II. pp. 237, 243. Tomek, pp. 105-6. 230 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, led a party of moderate reform, which failed permanently .-+IL to control the popular movement which had been set on foot by its great Master. The fanaticism of the Taborites ruined the cause, and prepared the way for the humiliation of the Bohemian people, for the triumph of the Catholic, the anti-national, the Ultramontane reaction in the country whose heroic spirit had anticipated the final revolt of one half of Europe from medieval Christianity 1. Influence of When the standard of revolt was raised once more, it o^Refor-168 was ra*sed ^7 ^e very nation which had most strenuously mation. set itself against the Hussite movement. The Teutonic nation was the last of the nations of Europe to attain to moral and intellectual maturity: it was the last to assert its manhood by a rebellion against Roman usurpation, but it was the first to carry its revolt to a successful issue. The Reformation which succeeded, like the earlier reform- movements of the Middle Ages which had failed, was born in a University. There only were the culture and the learning, the leisure and the possibilities of co-operation, which were necessary for the growth of intellectual and religious revolt, found in union with that measure of liberty which was essential for, an even temporary resistance to authority. The mass of the higher clergy was incapacitated for the work of reform, not so much because they were ecclesiastics as because they were primarily politicians and lawyers : the lower clergy were incapacitated by their ignor ance and their obscurity : the monks by their wealth and their essential conservatism. An individual friar might, indeed, be a reformer, but the religious orders were opposed on principle to individual liberty, and were decidedly Ultra montane in their traditions, except when they were carried away by visionary and unpractical enthusiasms like those of the spiritual Franciscans and the Fratricelli. It is hardly too much to say that the existence of Universities — Universi ties of the northern type with secular faculties of Theology — made the Reformation a possibility. One other feature of the Hussite movement serves to 1 Hofler, Geschichtschreiber, Th. II. p. 475 sq. PRAGUE. 231 illustrate an essential characteristic of the medieval Uni- CHAP IX, versity-system — the close intellectual solidarity which it _^L established between the different parts of Europe. At Intercourse the beginning of the fifteenth century it is true that the me5eval majority of average students in England, France, and Ger- Universi- many no longer went abroad to study. But the most enterprising students still, as a rule, studied, at one period or other of their career, in more than one University and very often in the Universities of more than one country. A distinguished teacher, anywhere but at Paris, was sure to promulgate his views, either personally or through some ardent pupil, in other Universities than his own. The Hussite movement, as a religious revival, was indeed of purely indigenous origin ; but very early in its history it was profoundly modified by the intimate connexion which was kept up between Prague and Oxford. The use of Latin as the language of academical life threw open the lecture- rooms of a University to every part of Europe. The uni versal validity of the academic Licence made the teacher of one University a potential teacher in all others. Books spread from one country to another in a sense more easily before the invention of printing than after it : a single copy of an Oxford Master's lectures, carried to Prague in a traveller's baggage, could be instantly republished in the scriptoria of the University writers, and had not to wait for a translator 1. In this way it came about that in the Middle Ages, ideas, systems, and movements spread more easily from Paris to Oxford or from Oxford to Prague than they spread at the present day from Berlin to Oxford or from Oxford to Berlin. While it is the ' movements ' which the Universities Condition originate which constitute a large part of the interest of°ersi™" our subject, movements are by no means uniformly favour- during able to the quiet educational work which is the primary, troubles, though by no means the only, purpose for which Univer sities exist. The national movement of 1408 deprived Prague of its cosmopolitan character : the Utraquist move- 1 Cf. above, p. 223. 232 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, ment of 1416 enormously diminished the influx of students. -,]'. After the expulsion of the Catholics in 1419, the theological, legal, and medical Faculties seem to have almost ceased to exist. The men who came to the University only to advance their fortunes in the Church now advanced them best by staying away. After the siege of Prague by Sigis- mund promotions even in Arts were suspended for no less than ten years, though for the last seven years of that troubled period lectures were not wholly dropped l. During the course of the Hussite war most of the property of the University and its Colleges found its way into the hands of New the Emperor and other lay owners. But the foundation of numerous Colleges during the latter half of the century 2 to some extent repaired these losses, and testify that the educational activity of the Utraquist University was not entirely suspended by the political and theological discords of the time. § 2. VIENNA (1365). Conspectus histories Universitatis Viennensis (Viennae, 1722), is a book of Annals with copious extracts from the Registers and other documents. COLLAND, Kurzer Inbegriff vom Ursprunge der Wissenschaften , Schiden, Akademien, und Universitdten in ganz Europa, besonders aber der Akad. und hohen Schule zu Wien (Wien, 1796) contains a short summary of the University's history. GEUSAU, Gesch. d. Stiftungen in Wien (Wien, 1803) and HORMAYR, Wien, seine Gesch. u. seine Denkwurdigkeiten (Wien, 1823) have only short notices of the University. KINK, Gesch. der Kaiser/. Univ. zu Wien (Wien, 1854), ^ a satisfactory work with a large collection of documents. ASCHBACH, Geschichte der Wiener Universitdt (Wien, 1865), is a full account of the first century of the University's existence, chiefly from the point of view of the history of learning, with biographies of the Professors. Large extracts from the Matriculation-book and other docu ments are also printed by STEYERER, Commentarii pro hist. Alberti II 1 Tomek, p. 108 sq. with Bethlehem Chapel, the scene 2 The Collegium Recek or Sanctis- of Hus's preaching, and the starting- simae Virginis, founded by the Arch- point of the Hussite movement, bishop John Recek de Ledecz (1438), Mon. Univ. Prag. III. p. 54. Volck- and the Collegium Lundae or Aposto- man (p. 21) mentions a College of lorum (1439), were what was called SS. Matthew and Matthias, and a at Paris Colleges de plein exercice Collegium Angelicum. Exhibitions (vol. I. p. 508) ; besides some smaller were also founded by Adelbertus houses which merely lodged their Ranconis in 1388 to enable Prague scholars. One of these (Collegium students to study at Paris or Oxford. Nazareth) was closely connected See Loserth, pp. 40, 41. VIENNA. 233 (Lipsise, 1725, p. 410 s#.). The documents up to 1384 are also printed by CHAP. IX, SCHLIKENRIEDER, Chron. Diplomat. Univ. Vindob. (Viennae, 1753) : and the § 2- Statutes in KOLLAR, Analecta monumentorum Vindobonensia (Vindobonas, 1761). There is an Article dealing chiefly with Vienna, Uber d. gesch. u. recht- liche Stellung d. Univ. in d. Kirche in Zeitschrift f. Kath. Theol., Wien, 1850. We have seen how closely connected with the political Motives of aims of the Emperor Charles IV was the foundation of the fo University of Prague. The inspiring motive of the second German University was no less political. It owed its origin to the most formidable rival of the Bohemian Monarchy in the Germanic commonwealth, the House of Hapsburg, whose jealousy had been recently stimulated by the pre cedence over all other Princes assigned to the Electors in the Golden Bull issued by the founder of Prague in 1356. The only previously existing nucleus for a University Existing in the Austrian capital was the School of S. Stephen. ^s°o1 From the end of the twelfth century we have frequent Stephen. notices of an important school held in or close to S. Stephen's Church. By the Charter granted to the town by Frederick II in 1237 the School of S. Stephen's is to be placed under the authority of an officer — afterwards called Scholasticus or Rector a — to be appointed by the Emperor with authority to appoint other Masters 2. Albert 1 3 gave the nomination to the Town Council. The School enjoyed some reputation at the end of the thirteenth and the beginning of the fourteenth centuries ; the praises of 1 So Denifle (I. p. 604) calls him. Kais. Acad. d. Wissensch. (Phil-hist. In the Charter of Albert III (Kink, Cl.) XIII. (Wien, 1854), p. 337: 'So II. p. 63) he is called ; Rector Scho- geben wir vollen gewalt dem Schul- larium Sancti Stephani.' maister datz Sant Stephan der Pfar- 2 ' Volentes etiam commodo studio rechirchen, der von dem rate der prouideri . . . potestatem damus pie- Stat de wirt gesetzet ze schulmaister, „ nariam magistro, quiWienne per nos ander Schul under sich ze stiften vel successores nostros ad scholarum in dem stat, und doch der si erleich regimen assumetur, ut alios doctores und gewohnleich sein . . . Swer in facultatibus substituat de consilio dauider dehain Schul ze seiner prudentum uirorum ciuitatis eius- Chirchen oder in seinem hause dem, qui habeantur sufficientes et hiet wider des Maisters willen und idonei circa suorum studium audi- der purger, daz sulen di Purgo torum.' Archiv fur Kunde osterr. wenden mit alien sachen.' The true Geschichtsquellen, X. 1853, p. 126. date appears to be 1296, though the 3 Document in Sitzungsberichte d. editor gives 1196. 234 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, § 2. First foun dation of University by Rudolf IV, 1365. Proposed organiza tion. the then Scholasticus, Ulrich, are sung by a poet, who describes clerks from all parts of the world as flocking to hang on the Master's lips l. Some allowance must, how ever, be made for the rhetoric of a pupil addressing com plimentary verses to his Schoolmaster ; but an allusion to ' Faculties ' shows that the School was something more than a mere Grammar-school. The foundation of a University is due to Duke Rudolf IV. His charter was issued in 1365. It does not follow the model of any earlier charter of the kind, but contains a very ample grant of privilege and fixes the constitution of the University in much detail 2. It orders that a 'general and privileged Studium ' shall henceforth be established in Vienna, ' according to the ordinances and customs observed first at Athens, then at Rome, and after that at Paris.' It is needless to say that the influence of the last mentioned University is more distinctly discernible in the Rudolfian constitution than that of its supposed predecessors. The constitution prescribed by Rudolf is the Parisian constitu tion with a few modifications. The ancient Town Church of All Saints (more usually known as S. Stephen's 3) was to be made Collegiate, and its Provost to become Chan cellor of the University: the University Chest was to be placed in its Sacristy. The anomalous arrangement by which at Paris the Four Nations of Artists elected the Rector of the whole University is perpetuated at Vienna, the Nations being styled (i) Austria, (2) Saxony, (3) Bohemia, (4) Hungary4. The main difference between the system established at Vienna by Rudolf and that which had grown up at Paris was in connexion with the administration of justice. The Viennese students enjoyed much more extensive exemptions than the Parisian. Charges against a Master or a scholar, which would be capital in the case of an unprivileged lay- 1 Ap. Leyser, Hist, poetarum et poematum medii cevi, p. 2034, 1. 647 sq. 2 Printed by Kink, II. pp. 1-24. 3 Schlikenrieder, p. 142. * The division was made by the first Statute of the University, passed in June, 1366. Kink, II. p. 32. VIENNA. 235 man, were to be tried, not (as at Paris) by the Bishop, but CHAP. IX, by the Chancellor 1. Other criminal charges and civil plaints . %f ' were to go before the Rector, who had also jurisdiction in ordinary civil actions and minor criminal charges where the plaintiff was a scholar. More serious offences against a scholar were to go before the ordinary secular courts2, but a special scale of punishment — a curiously minute lex talionis — is prescribed for the punishment of such crimes 3. A number of special and unprecedented privileges are con ferred for the protection of scholars and the benefit of the University. Property confiscated for outrages on scholars was to be divided between the University and the injured party. The assailant of a scholar lost the benefit of sanc tuary. Special protection in travelling was promised with the usual exemptions from tolls and municipal taxes. If a scholar was robbed, the Duke would compensate the loss. In Vienna itself a special quarter of the town was granted for the accommodation of students with a right to demand such houses as they pleased for their residence, the rent to be fixed by the usual method of arbitration. The system of a specially assigned students' quarter (which had grown up spontaneously in the older Universities) was, it will be remembered, artificially reproduced in some of the Spanish Universities ; and it was no doubt a measure highly conducive 1 One exception to the exten- uel ipsam Vniuersitatem non est ali- sive protection accorded to students qualiter puniendus, Nolentes aliquam is too significant of the actual con- personam dicte Vniuersitatis quo ad dition of student and clerical morality hunc casum indultis sibi priuilegiis to be omitted : ' Sane ut magis disci- etiuribusperfruietgaudere'(/.c. p.i8). plina Scholastica clericalisreligionis, 2 ' Exceptis duntaxat causis mortis Katholice institucionis ac humane et criminibus honorem seu famam discrecionis cerimonie a membris rei concernentibus.' dicte Vniuersitatis purius et rigidius * e.g. ' Si quis Magistrorum uel obseruentur, declarantes presentibus Studencium ab ullo sauciatus uel ex quo supra nomine volumus, quod si violenta manuum uel pedum in- quis in Magistrum uel studentem cussione taliter lesus fuerit, quod dicte Vniuersitatis sue honestatis et ex eo membrorum suorum officia salutis immemorem cum sua uxore non amittit, quod eidem Lesori pro agentemturpiterdeprehensummanus eo deprehenso debet manus pugione violentas iniecerit uel sibi offensam transfigi, nisi id redimat quadraginta irrogauerit, pro eo per nos, Rectorem ' marcis argenti ' (/. c. p. 14). 236 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, to the security of the students and the peace of the town. j^'. But at Vienna this Latin quarter was by the terms of Rudolf's Charter positively to be fortified against assailants by a special wall. It was recognized that students in a medieval city required as much protection as Christians in modern Turkey or Jews in modern Russia. Bull of Before the issue of Rudolf's Charter, the consent of the I36g< Pope, Urban V, had been obtained 1, and shortly after it (1365) a Papal Bull of foundation of the usual type was granted2. In one point there is a discrepancy between the terms of the Ducal and the Papal Charters. Rudolf provided for a Theological Faculty : Urban V expressly excluded Theology from the Faculties in which the ecu menical Licence might be granted at Vienna. The Popes had begun to relax their earlier policy of confining theo logical graduation to Paris, but not in all cases. Prague had been granted a Theological Faculty from the first : and it was through the intrigues of that University and its Imperial patron that a similar concession was not granted to Vienna. Charles IV had gone in person to Avignon to prevent the erection of any University at all at Vienna, but had to content himself with this very modified triumph 3. Failure. We are by this time familiar with the difficulties which, except under peculiarly favourable circumstances, attended the establishment of a new University. Ample endowments were absolutely essential to secure Professors whose reputa tion would attract students. Rudolf's foundation (unlike the more successful venture of Charles IV at Prague) consisted chiefly in the grant of paper-privileges. Of more substantial assistance we hear nothing, except the impropriation of a single benefice, which was to take effect on the resignation of the then incumbent, Albert of Saxony 4. Above all, the University lost its founder in the very year of its birth. 1 Denifle, I. p. 605; Doc. in Kink, 3 Aschbach, p. 17. Tom. I. pt. ii. p. i, from which also 4 Doc. in Kink, II. p. 34. Four it appears that the Municipality had Proctors are mentioned in the Stat. granted privileges to the projected in Kink, II. p. 40, but it is not clear University. whether they were Masters or 2 Kink, II. p. 26. students. VIENNA. 237 From that time till 1383 Austria was distracted by the dis- CHAP. IX, sensions of the rival Dukes, Albert III and Leopold III, \2/ between whom Rudolf had divided his dominions. During the civil war neither brother was likely to concern himself much about academical affairs. As a matter of fact we do not know the name of a single Master who taught at Vienna in the earliest years of the University, except the first Rector1, Albert of Saxony, a former student of Prague and M.A. of Paris 2, to whom, in consultation with the Ducal Chancellor, the Bishop of Passau, the arrangements for the foundation of the University had been entrusted. From 1366 to 1377 no documents are forthcoming except a deed of 1370 for the foundation of a small College3. That document is suffi cient to show that the University was at the very lowest ebb, and that the possibility of its actual extinction was contemplated. From 1377 to 13 83 a fragmentary Matricula tion-book supplies somewhat clearer evidence of a continued though very feeble vitality 4. In 1383 Albert III came into possession of the whole Revival by Austrian Dukedom, and from that year the University dates its regeneration. The moment was an auspicious one for the revival of a German University. Paris was still distracted by the disputes which the Schism of 1378 had brought with it. The German Masters were more or less decidedly in favour either of neutrality or of the recognition of Urban VI, and found it difficult to maintain their independence in opposition to the pressure put upon them to declare for the French Pope, Clement VII. Moreover, by remaining dis sentient members of a University which as a body adhered to Clement VII, they would lose all hope of preferment by means of the Rotulus Beneficiandorum. Hence about the year 1383 the Duke found it easy to attract to Vienna the distinguished Doctor of Theology, Henry of Langenstein, one of the strongest opponents of Clement at Paris 5. Henry 1 Steyerer, Commentarii pro hist. 1370. Hormayr, V. p. clxxiv. Alb. II. (Lipsise, 1725), pp. 429, 453. * Steyerer, 1. c., p. 455. 2 Aschbach, p. 12. 5 There is no positive evidence of 3 A College of Bachelors, founded an actual institution by the Duke, by Master Albert, Pastor at Gars, in See Denifle, I. pp. 618, 619. 238 THE UNIVERSITIES OF GERMANY, ETC. Albertine reorgan ization. CHAP. IX, became the ' soul ' of the new University 1. Other Masters §tf' followed him. In the year 1384 a new Ducal Charter of Privilege was issued, a Papal Bull was procured authorizing promotions in the Theological Faculty, not under the Chan cellor but under the Provost of All Saints2, and the real life of the University began. The Rudolfian constitution was the work of the Master of Arts, Albert of Saxony; the Albertine was mainly inspired by the Theologian Henry of Langenstein 3. The former preserved in the main, the latter entirely destroyed, the anomalous ascendancy enjoyed by the Faculty of Arts at Paris. As at Prague, the Rector and Proctors might now be elected from any Faculty4, so that the superior Faculties are included in the Nations. This measure made it necessary for the Faculty of Arts to have a Dean of its own. In the method adopted for the endow ment of the University, too, the influence of Prague is Collegium unmistakable. A Collegium Ducale is founded to house twelve Masters of Arts and two or three of Theology : and the College is to be connected with the Collegiate Chapter of All Saints, in exactly the same way as the Carolinum of Prague was connected with the Church of All Saints at Prague. The members of the Collegium Ducale were to succeed to the vacant Canonries. The town Grammar-school of S. Stephen's was also incorporated with the University, which was henceforth to have the appointment of its Rector and the three other Masters 5. At the same time the connexion with the Municipality was 1 Hartwig, Henricus de Langestcin dictus de Hassia, Marburg, p. 37 sq. 2 ' Prout in Bononiensi uel Parisi- ensi aut Cantabrigie uel Oxoniensi Studiis generalibus in similibus est fieri consuetum.' Doc. in Kink, II. p. 46. 3 Doc. in Kink, II. pp. 49-71. * The Statutes prescribe an elabo rate system of rotation among the Faculties, so that each Faculty has one Proctor. Kink, II. p. 79. 5 The Rector's salary was to be ' triginta due libre preter accidentia Chori Sancti Stephani': of other Masters (each) ' sedecim libre de- nariorumWiennensium.' These were to be Masters of Arts : the Masters of the other Schools in the town (' Rectorem Scholarium ad Sanctum Michahelem, et in Hospitali, necnon et quibuscunque aliis ') were, if they pleased, to enjoy the privileges of the University. No new School was to be set up without leave of the Rector (l..c. p. 63). VIENNA. 239 kept up by the appointment of a Conservator of Privileges CHAP. IX, from among the Royal nominees in the Town Council. §,f" In the year after the foundation (1384) the Duke granted Statutes, a formal licence to the University to make Statutes for itself. A code of general Statutes for the whole University was drawn up in the following year, and in 1389 Statutes for the respective Faculties 1. Since in the infancy of the University the number of Altered Masters might be insufficient to form a Congregation, it ofFaculty is enacted that 'till Masters and Doctors be sufficiently of Arts. multiplied,' Bachelors shall have seats in that Assembly 2 ; and provision is made against an individual Master exer cising the vote of a whole Faculty 3. It should be noticed that the division into Nations adopted by the Rudolfine constitution is slightly modified in the Albertine. The Nations are now styled : (i) the Austrian (including Italy) ; (2) the Rhenish (including Western Germany and all Western Europe) ; (3) the Hungarian (embracing also all Slavonic nationalities) ; (4) the Saxon (including Northern and Eastern Germany, the Scandinavian kingdoms, and the British Isles) 4. Vienna, after the Albertine reorganization, was still in Albertine the main a University of Masters. But its constitution admits the students to a larger share in the government of the University than was the case at Paris or Oxford. They have no share in legislation : but they have apparently5 a vote in the election of Proctors, and are eligible to the office. The importance of the Proctors is, indeed, to a considerable extent modified by the transfer of many of their functions to the Deans: but they still elect the Rector, who, though no longer the President of the Faculty 1 Kink, II. pp. 72, 73 sq.y 95 sq. ?' Kink, II. p. 86. 2 Kink, II. p. 83. It seems that * Ib. p. 51. this transitional state of things passed 5 The Statutes are not clear on away, at least as regards the Faculty this point ; but they do not limit the of Arts, before 1389 (ib. p. 184). In power of voting to Masters. As a the Faculty of Law, Licentiates ap- matter of fact, Scholars were rarely parently had votes, but not Bache- elected. See the lists in Aschbach, lors (ib, p. 138). p. 593. 240 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, of Arts, remains the Head of the whole University ; and _ „ the Rector and Proctors, together with the Deans, form the 'Consistory' or Executive Council. In many other respects we notice an infusion of Bologna ideas in the University institutions. There is far more magisterial dis cipline at Vienna than at Bologna or Montpellier, but per haps rather less than at Paris and Oxford. Marriage, though married students are described in the registers in a by no means complimentary manner, is not absolutely a bar to graduation l. Curriculum. The educational system of the University is likewise Parisian. But whereas the official Arts curriculum of Paris consisted, as we have seen, almost entirely of Aristotelian treatises, Vienna is less conservative, and introduces, in addition to the books of the Paris course, several modern books, which were no doubt in extensive use at Paris, but were not ' taken up ' for the schools, such as the Summulse of Petrus Hispanus, and a much larger amount of Mathematics than appears (though the point is not quite clear) to have been exacted at Paris 2. ' Some book of 1 Under 1397 there appears the libruminRhetorica.' These last might entry 'Baccalarius Johannes de Bert- be heard ' vbicunque,' L e. not neces- holtzdorf, primus qui duxit uxorem.' sarily ' in scolis publicis alicuius Vni- Again, ' uxorem duxit versus in de- uersitatis.' Kink, II. p. 189. The Li- mentiam.' Kink, I. pt. i. p. 133. cence Examination further included In the Statutes of Ingolstadt, a Uni- ' De Celo et Mundo. De Generatione versity modelled on Vienna, absence et Corrupcione. Meteora. Parua from lecture is (in 1526) condoned Naturalia communiter legi consueta. ' si quis sanguinis minutione aut Theoricas Planetarum. Quinque li- propter honestas nuptias . . . impedi- bros Euclidis. Perspectiuam com- retur.' Prantl, Gesch. d. Un. Ingolst. munem. Aliquem Tractatum de Pro- II. p. 178. porcionibus, et aliquem de Latidu- 2ForB.A.: !_ (according to the example already set at Prague and Vienna) in 1398, by the appropriation of twelve prebends at Spires, Worms, and elsewhere for University Masters1. In 1400 the Collegiate Churches of S. Peter and of the Holy Ghost in Heidelberg and other benefices were also impropriated for the use of the University '2. A valuable Library was bequeathed to the University by Count Lewis III, who died in 1436 3. The two The University, treading in the footsteps of its first great teacher, Marsilius, was originally entirely Nominalistic. In 1412 we find a prohibition not merely of the 'perverse and condemned doctrines ' of WyclifTe, but of all Realistic teaching4. After the Council of Constance, however, we find symptoms of the realistic reaction which was every where in progress. In 1452 there is a Rectorial injunction against members of the c via modernorum ' using contume lious words against the ' via antiquorum ' and its books, or vice versa, and a prohibition against trying to prevent scholars attending the lectures or disputations of any par ticular Master5. A few years later (1455) it becomes evident that the Faculty of Arts is regularly divided into two * vise ' — so much so that it is necessary to make a Statute ensuring to the scholar freedom to pass from one to the other, though with the restriction that he must have heard all the books required for the ' via ' in which he wishes to be promoted 6. There were a separate set of Lecturers and of Examiners for each ' via ' 7. The division in the magisterial body naturally led to the erection of separate * Bursas ' or Halls for Nominalists and Realists 8. A Bursa for Jurists was founded by Count Philip in 1498 9. 1 Urkundenbuck, No. 46. traria.' Urkundenbuch, No. 70. It 2 Ib. No. 50 sq. should be observed, however, that 3 Ib. No. 98. this emanates from the Theological * ' Quod nullus magistrorum aut Faculty only. baccalarius dogmatiset aut dogma- 5 Urkundenbuch, No. no. tisare presumat perversa condempna- 6 Ib. No. 114. taque dogmata Wyckleff eciam uni- 7 Ib. Nos. 135, 138. versalia realia, verum pocius con- 8 Ib. No. 176. 9 Ib. No. 145. COLOGNE. 251 § 5. COLOGNE (1388). [HARTZHEIM], Prodi-omus Historice Coloniensis, Colonise Augustae Agrip- CHAP. IX, pinensium, 1739. ENNEN, Geschichte d. Stadt Koln, T. III. (Koln, 1869), § 5- p. 833 sq. BIANCO, Die alte Universitat Koln, Koln, 1855 ; which super sedes an earlier Versuch einer Geschichte der ehemaligen Universitat u. d. Gymnasien d. Stadt Koln (Koln, 1833) ; Bianco prints the Statutes and some documents. KEUSSEN is producing an elaborate and scholarly edition of Die Matrikel der Universitat Koln, 2j8 which we have been hitherto considering, and follows the example of its Mother-University of Prague. It was 1 Urkundcnbuch, p. i. Reformation, Leipsic seems to have 2 Gersdorf, pp. 25, 35. been troubled by the ' married don ' 3 Urkundenbuch, p. 5. difficulty. It is interesting to see 4 Urkundenbuch, p. 18. It was how it was met. A Statute of 1565 often renewed (ActaRectorum, p. 15). recites that, though celibacy is re- But in the Causa Nicolai Winter we quired by the existing Statutes, 'domo find the Rector obliged to apply sua aliquem necessitate promissionis to the Bishop for the enforcement iuratae abstrahere, noctu praesertim, of his sentence by ecclesiastical inhumanum sit ... propterea quod censure. plerique iam coniuges sint, et accidere 5 Urkundenbuch, p. 4 ; Statuten- possit, ut brevi fiant universi/ a kind biicher, p. 96. In S. Mary's College of academic caretaker (' Curator ') in the same University (founded is appointed to live in College, to 1416) the (Bursa' of the Boarders maintain discipline and superintend or Pensioners seems to be distin- the ' seriotinarum disputationum guished from the 'Collegium' of the exercitationes ' (ib. p. 216). Masters (ib. p. 277). After the 6 Urkundenbuch, pp. 9, 19. 256 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, divided into four Nations— (j) the Polish, (2) the Misnian, _JL (3) the Saxon, (4) the Bavarian l ; and the Nations pos sessed rather more individuality than they enjoyed in other German Universities, since they had separate Statutes, Congregations, and Consiliarii (but no Proctors) of their own2. The Rector is not necessarily a Master3; and the Faculty of Arts has a Dean as well as the superior Faculties 4. Only Masters, however, sit in the Congrega tions of the University or of the separate Nations, which include Masters of all Faculties 5. In the German Univer sities we have noticed many indications of the growing tendency to transform the ever-changing Regents of the old Parisian system into a permanent Professoriate. The tendency was promoted by the Colleges and other endow ments for Masters which tended to establish a class distinc tion between the University teacher and the mere graduate. Another instance of this tendency meets us at Leipsic, where in the Faculty of Arts the chief power seems lodged with a Council composed of the senior members of the Faculty, whose numbers were gradually reduced6. § 8. ROSTOCK (1419). I am chiefly dependent on KRABBE, Die Universitdt Rostock, Rostock u. Schwerin, 1854. The Statutes are printed in WESTPHALEN, Monuments, inedita Rerum Germanicarum, IV. Lipsiae, 1745. Die Matrikel der Univer sitdt Rostock has recently been edited by HOFMEISTER (Rostock, 1889, &c.). I have not seen an article by KOPPMANN, Zur Gesch. Rostocks, in Rostocker Zeitung, 1885, a programme by KRAUSE, Rostock, 1875, or LASIUS, Historic? exiliorum in qua? A cad. Rostock saec. XV. missa pulsaque fuit, Rostockii, 1792. Founda- In the fifteenth century Rostock was one of the most flourishing of the semi-independent Hanse towns. Its University was founded by the co-operation of John III and Albert V, then Dukes of Mecklenburg, with the City Municipality. The Dukes granted the requisite Charters : 1 Urkundenbuch, p. 92. 3 Ib. p. 48. 2 Statutenbucher, p. 158 sq. The * Ib. p. 306. voting in the Faculty of Arts was not 5 Ib. p. 167. by Nations (ib. pp. 374, 382). c Ib pp> ^^ ^68, 377, 385. ROSTOCK. 257 the City supplied an endowment of 800 florins annually \ CHAP.IX, Hitherto many of the students from the Baltic countries Af' had been accustomed to study at Prague: and Rostock must no doubt be reckoned among the Universities which indirectly owe their origin to the great secession of the Germans from Prague in 1409. In 1419 a Papal Bull was issued sanctioning the erection of a University in all Faculties except Theology if the requisite arrangements for its endowment should be made2. The Bishop of Schwerin was made Chancellor 3. The first Masters came from Erfurt and Leipsic, and 160 students were matricu lated within the first half-year of the University's existence 4. In imitation of Leipsic the Masters of Arts were from the first established in two Colleges, the Collegium majus and the Collegium minus5. Martin V viewed all University Faculties of Theology with disfavour: for Doctors of Divinity meant Councils, and Martin V was not likely to forget that Councils could make and unmake Popes. Accordingly the efforts made, not only by Rostock but by other Hanse towns, to acquire a Faculty of Theology proved fruitless till the accession of Eugenius IV, who granted a Bull for the purpose in 1431 6. 1 Krabbe, I. pp. 31, 32; Krantz, by the Bishop and Grand Duke for Wandalia, Coloniae, 1518, L. x. c. 30. the benefit of the University in 2 The Rector does not appear to 1485— an arrangement which was have enjoyed any very extensive resented by the citizens. Popular judicial powers till 1468, when he feeling ran so high against the Chap- received jurisdiction from the Bishop. ter that the new Provost was beaten Krabbe, I. p. 152. to death with clubs and thrown into 3 Ib. p. 37. the river. (Krabbe, I. p. 197 sq. ; * Ib. pp. 47, 48. Krantz, L. xiv. c. 6 sq.\ Later on, 5 Kosegarten, Die Univ. Greifs- we still find the citizens complaining wald, I. p. 55. of the connexion between the Colle- 6 Krabbe, I. pp. 54-6, 6r. For the giate Church and the University as migration of the University to Greifs- fatal to the interests of the latter. It wald in 1437-1443, see below, p. 264. is interesting to notice some of the From 1487 to 1488 the University reasons alleged against it : ' Quia was similarly transferred, by Papal omnes civitates stagnates proclamant authority, to Liibeck. (Krabbe, I. pp. Universitatem perire propter col- 202-207.) The dispute arose out of legium . . . Per dominos universitatis a fusion of certain parish churches canonicos fiunt lectiones negligen- into the Collegiate Church of S.James tius . . . Distrahuntur concordie per VOL. II. S 258 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, The national sub-divisions of Paris and Bologna were \* clearly out of place in a merely provincial University ; and No by this time the German Universities were becoming essen- Nations. tiauv provincial. Leipsic was founded by students from three distinct Nations of Prague ; here the national distinc tions were naturally perpetuated. But Leipsic was almost the last German University in which this part of the old Parisian system was reproduced. There is no trace of Nations at Rostock or any of the subsequently founded Universities of Germany except Louvain l. The ' Pro- The only constitutional innovation which calls for special notice at Rostock is the introduction of a new official, or the glorification of an old one, under the style of the ' Pro- motor et Superintendens ' of the University. The name * Promoter Universitatis ' is occasionally applied at Paris to the University Advocate or Syndic 2 : but there he never seems to have acquired the prominence and importance of his analogue at Rostock and elsewhere in Germany, where he becomes a sort of public prosecutor or executive officer of the University entrusted with the enforcement of the Statutes, even when an offence was committed by the Rector himself3. He becomes in fact a sort of permanent and acting representative of the merely honorary, often very youthful, and ever-changing Rector of those days. In other respects the constitution was closely modelled on Leipsic. Numbers The University Matriculation-book shows 160 matricula- diversos diverse sortis dominos et 3 Krabbe, I. p. 88; Westphalen, generantur periculosa suspicia. Di- IV. c. 1020. So at Louvain : cf. versa sunt canonicorum et domino- Lipsius,Lovam'um, p.g6. Inthejum rum de Universitate officia. Illi ct Privilegia Acad. Lovan. (p. 12) cantabunt, hi docebunt et studebunt ' he is described as the Oculus Rec- (Krabbe, p. 219). Similar arrange- ton's. At Louvain we hear that he ments in more modern times have 'vices Urbis perambulat, aliquando been attended with results not solus, nonnunquam cum urbano Prae- wholly dissimilar. tore. Suos habet Satellites/ &c. 1 In the case of some I speak from (Vernulaeus, Acad. Lovan. p. 38)— incomplete data, but their existence one of the few traces of such is improbable. As to Ingolstadt, Proctorial perambulations which see below, p. 271. I have met with in continental 2 See above, vol. I. p. 414. Universities. LOUVAIN. 259 tions between November 1419 and April 1420: between CHAP, ix, that time and October, 226 ; in the following half year, J ?•_ 1 01. After this the matriculations for the semester are usually between 50 and 100. After a migration to Greifs- wald, which came to an end in 1443, the total number of members of the University appears to have been 278. The average numbers remain much the same till the close of our period, with the exception of a slight increase from about 1470-1477 and a great depletion between the years 1487 and 1490, during part of which the University was transferred to Ltibeck l. § 9. LOUVAIN (3425). There is a meagre account of the University by LIPSIUS, Lovanium (Antwerpiae, 1605, P- 9° sq.), and a still more meagre one in GRAMMA YE, Antiquitates Brabantice (Lovanii, 1708, p. 20 sg.). There are two histories of the old type : VALERIUS ANDREAS, Fasti Academici studii generate Lovaniensis (Lovanii, 1635; ed. 2, 1650"), and VERNUL^EUS, Academia Lovani- ensis (Lovanii, 1667), of which the latter is the more valuable. The Privileged Academics Lovaniensis (Lovanii, 1728), and Jura et Privilegia Academics Lovaniensis (Argentorati, 1787) are of little use. The Statute primitifs de la Faculte des Arts de Louvain have been edited by DE REUSSENS in Bulletins de la Commission royale d'histoire, 3™ Ser. T. IX., and the Anciens Statuts de la Faculte de Medecine, by DE RAM (ib. T. V.), who has also published Considerations sur fhistoire de FUniversite, in Bulletins de VAcad. de Belgique, T. XXL ^1859, and edited a series (continued by NAMECHE) of Analectes pour servir athistoire de VUn. de Louvain (Louvain, 1850-80% which, however, contain hardly anything relating to our period. The Statutes of the Uni versity are printed by the same Editor in his Ed. of MOLANUS, Histories Lovaniensium (Com. royale d'histoire : Bruxelles, 1861). The Statutes of the Colleges are printed in the Analectes pour servir a Vhistoire ecclesiastique de la Belgique ; Ser. 2, T. XVII, &c., and Documents relahfs a VHist. de I' Univ. de Louvain, ed. DE REUSSENS (Louvain, 1881, &c). See also NAMECHE, Jean IV et lafondation de V Universite de Louvain, Louvain, 1891. In the fifteenth century Louvain had lost most of its old Decline of commercial prestige. The violence of its civic factions— Louvam- culminating in the horrible massacre of seventy patricians in 1378— had led to a large migration of weavers to Eng land, a blow to its commercial prosperity from which it never fully recovered. Its University was erected, as was so often the case in Italy, in part at least as an expedient 1 Matrikel, pp. xxii. sq., i sq. See above, p. 257, n. 6. S 'Z 260 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, §9- Founda tion of University. Jurisdic tion of Rector. Constitu tion. for reviving a declining town1. In I4252 a Bull was ob tained from Martin V for a University of all Faculties with the exception (as in the case of Rostock) of Theology : as with Rostock too the deficiency was supplied by the next Pope, Eugenius IV (i43i)3. The University was actually opened in 1426 4. Its Founder was the territorial Sovereign, John IV, Duke of Brabant, and the leading part in the promotion of the scheme was taken by his Councillor Engelbert, Count of Nassau. The Chancellor was the Provost of the Collegiate Church of S. Peter. It was one of the conditions upon which the Bull of erection was granted that the Duke should confer upon the Rector full criminal and civil jurisdiction over scholars ; and this condition was immediately complied with. The Rector's jurisdiction extended to all cases except those which fell to the Apostolic Conservators 5, who were the Archbishop of Treves, the Abbot of Tongerloo, and the Dean of S. Peter's at Louvain. The constitution of the University seems to be partly copied direct from Paris, partly from the modification of the Parisian constitution presented by the earlier German Universities 6. All the Doctors or Masters appear at first to have had seats in the governing body of the University. The Faculty of Arts alone was divided into Nations, each of which had a Proctor, (i) Brabant, (2) the Walloon country, (3) Flanders, (4) Holland 7 ; but the Rector was taken from the four Faculties in turn, the Faculty of Civil Law counting as a distinct Faculty ; and the voting was by Faculties 8. The Nations were, however, of little import - 1 Lipsius, p. 91. 2 Molanus, I. p. 455. 3 Molanus, I. p. 499. 4 Statuts, p. 19. 5 Molanus, I. p. 459 sq., 495 ; II. p. 8965*7. ; Vernulaeus, p. 28 sq. 6 Gelnitz (Ulysses Belgico-Gallicus, p. 96), describes the University as ' e Coloniensi nata/ but I see no particular evidence of this. 7 Statuts, p. 47; Andreas, ed. 1650, p. 240 ; Vernulaeus, p. 57. The Dean of the Faculty is sometimes called in the Statutes ' Procurator Facultatis Artium.' There are allu sions to a 'Consilium Facultatis Artium,' but its composition is not clear. 8 I infer this from the sixteenth- century Statutes. At a later time the government was monopolized by a Senate consisting of the Rector, LOUVAIN. 261 ance. At first the teaching was left (it would appear) as at CHAP. IX, Paris to any Regents who chose to lecture : but after 1446 §tf- teaching in the Faculty of Arts was confined to four Paeda- gogia, except in Ethics and Rhetoric, for which there were University Professors \ These Professorships and those of the superior Faculties were in 1443 provided for by the annexation of stalls in the Collegiate Church of S. Peter and of various Parochial Churches, the nomination to them being bestowed upon the Burgomasters and Consuls of the City 2. The high prestige which the University had attained by the end of the century, when it was perhaps the most famous place of education in Europe, goes far to justify a municipal or at least a governmental system of University patronage. The College of the Holy Ghost was founded by a Flemish Colleges Knight, Louis de Rycke, in 1442, for seven students of * ' Theology, and rapidly grew through later benefactions3. For law-students the College of S. Ivo was founded by Robert Van den Poele (de Lacu], a Doctor of both Laws, in 1483 ; the College of S. Donatian by Doctor Antonius Hanneron in 1488 ; and the Confraternity of the ' innocent boys of S. Peter ' by Henry de Houterle in 1496 ; while for the last decade of the fifteenth century Louvain was the abode of the famous Jean Standonck, who left behind him a 'domus pauperum,' organized on the rigid and ascetic principles which he had applied to his College of Mon- taigu at Paris. The College of Malines for Artists was founded by Arnold Trot, Bedel of Theology, in 1500. The four Paedagogia, (i) Lilii, (2) Falconis, (3) Castri, (4) Porci, which (unlike the Colleges proper) were under the direct management of the Faculty of Arts, also began to receive various small endowments towards the end of the century. But the most famous College at Louvain Deans, salaried Professors, and For the Colleges generally, see Heads of Colleges. Vernulaeus, p. 10. Molanus, I. p. 622 sq., Nameche, 1 Vernulaeus, pp. 63, 64 ; Molanus, Jean IV et TUn. de L., p. 141 sq. II. 942. The latter cites no authorities, and 2 Molanus, I. pp. 109, 587, &c. mentions several Colleges without 3 De Ram, Analectes, I. p. 56 sq. dates. 263 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, was the Collegium Trilingue l, founded, circa 1517, by §,?' Hieronymus Buslidius for the study of Greek, Latin, and Hebrew, which confirmed the position which Louvain had already won as one of the earliest and for a time by far the most famous home of the New Learning in Europe. Survival of Louvain retained the character of a federation of many Colleges until the Reformation : and even in the revived Roman Catholic University of Louvain a nearer approach to the College life of Oxford and Cambridge may be found than is to be met with elsewhere on the continent of Europe : while Louvain preserves or has revived the full graduation ceremonial which has disappeared everywhere else north of the Pyrenees 2. In another respect Louvain Competi- reminds us of an English University. Here was esta- amfciations. blished, as early as the year 1441, a much nearer approach to our English system of competitive honours than is perhaps to be found at the present day upon the continent of Europe. The candidates for the Mastership were after examination placed in three classes, in each of which the names were arranged in order of merit. The first class were styled Rigor osi (Honour-men), the second Transibiles (Pass-men), the third Gratiosi (Charity-passes), while a fourth class, not publicly announced, contained the names of those who could not be passed on any terms 3. These 1 There is an elaborate history provision 'quod . . . non respiciunt of this College by Felix Neve, in the ad conditiones domorum seu peda- Memoires couronnes of the Academic gogiorum ' (ib. cf. p. 59). At a later royale de BeJgique T. XXVIII. 1856. time it would appear that the divi- 2 A full account of these cere- sion into classes was done by the monies is given in Documents relatifs Professors before the Examination, at erection et a V organisation defUni- and the competition was only for versite catholique de Louvain (Brux- places in the class. An interesting elles, 1844), p. 134 Sq. account of the Examinations is given 3'Itaest,sialiquireperianturrigo- (from Vernulseus, p. 60 sq.) in Sir rosi, sint de prime ordine, transibiles W.Hamilton's Discussions (Lon- de secundo,si gratiosi, capaces tamen don, 1852), pp. 407-8, and App. Ill gracie, sint de tertio ; si autem (B). Hamilton was at one time in (quod absit) aliqui inveniantur sim- clined to trace the origin of the pliciter gratiosi seu refutabiles, erunt Cambridge tripos to the Louvain de quarto ordine' (Statuts, p. 55). Examination, but the suggestion was It is noticeable that rivalry between afterwards withdrawn (ib. p. 418). the Colleges called for a statutable The Examinations certainly seem to TREVES. 263 competitive examinations contributed largely to raise CHAP. IX, Louvain to the high position as a place of learning and _J^1 education which it attained before the Universities else where were roused from their fifteenth-century torpor by the revival of Learning. Pope Adrian VI and (at a later date) Jansen were among the many celebrated men who attained the position of Primus in the Louvain exami nations 1. The intolerant Realism which prevailed in the Realism University prepared it for its role as the chief stronghold of Anti-reformation learning later in the sixteenth century 2. § 10. TRfcVES (1454, 1473)- BROWERUS ET MASSENIUS, Antiquitatum et Annalium Trevirensium libri XXV, Leodii, 1670, II. pp. 288 sq. MARX, Geschichte des Erzstifts Trier, Trier, 1858, II. p. 454 sq. Kaufmann 3 claims the position of Studium Generale for No ancient Treves in the twelfth or thirteenth century, on the ground that a student song contains the apostrophe ' Urbs salve regia, Trevir, urbs urbium.' ' Urbs regia ' is, he contends, used in allusion to the theory that the teaching of Law was confined to ' civitates regise ' by the Constitution Omnem 4. It is impossible to say that the Schools of this have kept up the studious character duced the Primus enjoyed three days' of the place, if not its intellectual holiday, during which the bell was eminence, at a time when Oxford had continually rung day and night, sunk into absolute lethargy ; in 1787 Grammaye, p. 24. the author of the Jura et Privilegia 2 'Anno 1486. Marsilius de Crae- (p. 20) declares ' Nullus hie locus nendonck reconciliatus est Facultati, otio, soli studio duodecim fere horas qui in actu formali asseruerat Aristo- quotidie impendunt, reliquas aut pie- telem nominalem fuisse, agnoscens tati aut modicae relaxation! animi ' (!). se ex levitate fecisse ' (Molanus, I. 1 A list is given in Vernulaeus, p. 581). In 1427 some Nominalists p. no sq. Molanus quotes the testi- were suspended for three years, and mony of Erasmus in 1521 : 'Academia in 1446 it was considered a suffi- Lovaniensis frequentia nulli cedit cient defence of an incriminated hodie, praeterquam Parisianse. Nu- thesis to say that it was found in merus et plus minus tria millia, et Scotus, 'quern reprobare Facultati affluunt quotidie plures ' (Epp. Lugd. non licebat ' (ib. p. 582). Bat. 1706, c. 652). Cf. below, App. 3 Gesch. d. deutsch. Univ. I. p. 159. xxix. The College which had pro- * Cf. above, p. 3. 264 THE UNIVERSITIES OF GERMANY, ETC*. C"Af0IX' Metr°P°n'tan City may not have been what would have --M-1 been considered a Studium Generale in the loose thirteenth- century sense ; but there is no real evidence to show that they were so. And there are certainly no traces of an existing Studium Generale, or of anything like it, in the place in 1454, when the Archbishop, James of Sirck, Bull of procured a Bull of creation from Nicolas V \ who also authorized the impropriation of six Canonries and three parochial Churches in the City for the sustentation of Masters 2. The date, however — the year after the capture of Constantinople — was an ill-omened one for such an No actual undertaking. The war with the Turk called away the 1 Founder to other tasks, and the actual birth of the Uni versity was postponed to the year 147! 3. It would appear, however, that the credit of this re vival is due not to the then Archbishop but to the City, which had to bribe that prelate with a sum of 2000 aurei to hand over to them the old Bull of Nicholas V and to assist them in obtaining a fresh one4. The Archbishop was Chancellor, and the foundation -bull conferred upon the University the privileges of Cologne, which seems to have been the model for its constitution. § 11. GREIFSWALD (1455-6). KOSEGARTEN, Geschichte der Universitdt Greifswald, mit urkundlichen Bei- lagen, Greifswald, 1857. See also authorities for Rostock, above p. 256. Interdict at In the year 1428 a democratic revolution took place in Mferatfon the town of Rostock, in consequence of the failure of the verlif^to Town Council in their expedition against the King of Greifswald, Denmark. The existing Burgomasters — the representatives M37- of the hitherto ruling oligarchy— were expelled, and betook themselves to the Council of Bale to get the assistance of 1 BrowerusetMassenius,!!. p. 288. * Wyttenbach and M filler, Gesta • Trevirorum,ll. (AugustaeTrevirorum, 3 Ib. p. 299. As to the date, cf. 1838), p. 343 ; Browerus et Masse- Marx, II. p. 459. niuSj IL p 299 GRE1FSWALD. 265 ecclesiastical thunders for the promotion of their recall. CHAP. IX, As a consequence of this appeal, the City was laid under *,"' Interdict, and the University in particular was ordered to have no dealings with the excommunicated City magis trates. The University was evidently disposed to sym pathize with the citizens, but the place was at length rendered uninhabitable for it : and a decree of the Council of Bale was procured authorizing its transference to any other place within the dioceses of Kammin and Ratzeburg. The place selected was the neighbouring Hanse town of Greifswald in Pomerania, to which the University removed from 1437 till 1443. The Bale decree only authorized the transference of the Studium so long as the Interdict on Rostock lasted. This was removed in November, 1439, Removal of when a kind of coalition Government was arranged between Interdlct> the aristocracy and the craftsmen. The University at Greifswald was, therefore, ipso facto brought to a conclu sion. But the Town Council of Rostock were not at first disposed to renew the endowment of the truant University : and for more than three years the Studium practically ceased to exist in either City. In 1443, how- Return of ever, it was permanently transferred back to Rostock : toRoSock, but the six years during which it had enjoyed the dignity J443- of a University town left academical aspirations in the minds of the burghers of Greifswald : and it is not sur prising to find a movement arising for the erection of a permanent University not many years after the departure of the Rostock Professors 1. In 1455 a Bull - was procured from Calixtus III addressed Bulls to the Bishop of Brandenburg, authorizing the erection oftusni, a University if it were found that the allegations of the J455-6- petitioners as to the suitability of the place and other circumstances were true. The project, however, was opposed by the Duke of Mecklenburg and the University of Ro stock, and the actual Bull of erection was not granted till 1 Krantz, Wandalia, L. xi. c. n sq., 33, 293-4; Krabbe, I. pp. 110-129. L. xii. c. 28. Kosegarten, I. pp. 27- '2 Kosegarten, II. p. 3. 266 THE UNIVERSITIES OF GERMANY, ETC. Commis sion of inquiry. CHAP. IX, 1456 l- The issue of a preliminary commission of inquiry, A,"' it may be remarked, seems to be a very usual method of procedure at the Roman Court in the erection of a Uni versity at about this period. In this case there appears to have been a very elaborate enquiry2, and the definitive Bull was not procured without the expenditure of 300 ducats on the part of the envoy of the City, no less than 200 of which went in gratifications to the Cardinals or the inferior hangers-on of the ecclesiastical Court 3. Even when the Bull was issued, its operation was conditional on the actual endowment of the University to the extent of 2000 ducats by Wratislaus, Duke of Pomerania-Stettin, whose Impropria- supremacy Greifswald now acknowledged. This sum was supplied as usual by the impropriation of Churches : in particular, the Town Church of S. Nicholas in Greifswald was made Collegiate, and the patronage of the Canonries bestowed on the University. The City likewise contributed to the endowment, and also — a more unusual circumstance —the Bishop of Kammin and the neighbouring Abbeys 4. The Bishop of Kammin became Chancellor and (jointly with the Bishop of Brandenburg) Conservator Apostolic. The Chancellor, however, early appointed as perpetual Vice- tions. 1 Kosegarten, II. p. 14. An impe rial Charter of Privilege was obtained from Frederick III in the same year. Ib. p. 49. 2 These precautions would appear not to have been altogether uncalled for. The first Bull of Calixtus III declares that the Duke's representa tives had made the astounding as sertion ' quod infra centum miliaria prope ipsum oppidum [ab una parte] aliquod generale studium, quod ad presens vigeat, non existit,' thus ig noring Rostock. The words ' ab una parte ' seem to be a later correction. Kosegarten. II. pp. 3, 4. 3 See the amusing letter in Kose garten, II. pp. 18, 19 : ' Vix valeo facta universitatis cum ccc ducatis expedire, propter impedimenta nobis facta. Quasi cc ducatos habeo dare in propinis. Nisi hoc fecissem, nihil ob- tinuissemus/ &c. The envoy stayed at Rome to procure further privi leges; and on Ap. 28, 1457 (ib. p. 59), writes to Rubenow giving further particulars of the gratifications which he had given to the Cardinals. He explains that the first envoy of the enemies of the University had died of chagrin at its success (' Credo quod ex melanconia [sic] obiit'), and he hopes that their present agent will likewise die at Rome : ' ebriosus est ; credo quod nunquam reverte- tur, quia aer Romanus non patitur homines talismodi.' He asks for more moneys 'sine quibus nichil.' * Kosegarten, II. pp. 4, 8, 10, 12, 38, 164 sq. GREIFSWALD. 267 Chancellor Henry Rubenow, one of the Burgomasters of CHAP. IX, Greifswald, who had taken the largest share in promoting the § ,"' erection of the University, towards which he contributed Henry on a munificent scale out of his private purse1. He has Rubenow- always been considered the true Founder of Greifswald 2. Rubenow was also elected first Rector of the University, and 173 students were matriculated during his Rectorship, i.e. during the first half year of the University's existence3. The Universities of Greifswald and Rostock are remark- First Pro- able for the large number of private citizens who contributed fo^ded^y to their foundation or endowments. They may be said to private supply the first recorded instances of the foundation of Professorships (collegiaturcz) by private persons 4. The Colleges. Masters of Arts, as at Leipsic and Rostock, were divided between a Collegium majus and a Collegium minus. The houses were given by the Duke 5 ; the Colleges were richly endowed ; and the Masters further derived a considerable income from letting out rooms to non-foundation students. At Greifswald the Collegium majus was adapted for six Rectors or Regents and 200 Students ; the Collegium minus for four Regents and 140 students. In the Ducal deed of gift the average net income derivable from room- rent is estimated at a florin per student. 1 Kosegarten, II. p. 24 (this docu- 5 The Duke gives a house ' cum ment also authorizes the Rector to cameris siue commodis pro sex Rec- have a prison), and p. 159. toribus et ducentis Studentibus, pro 2 Rubenow's total expenditure collegio maiori et pedagogio artista- upon the foundation of the Univer- rum bene preparatis, a quibus Re- sity was 3012 marks, besides the gentes in illo ultra ducentos florenos patronage of eight benefices and pro conductura solummodo absque 400 ' florenos renenses ' spent in liberis expensis et collecta leccionum procuring the Bulls. He bequeathed percipere valeant ad omne minus,' further property to the University &c. Kosegarten, II. p. 20. Later by will, including a Library which on, in both Universities, the ' Col- ' pro mille florenis,' he says, ' nulli legium minus ' was made into a darem.' Kosegarten, II. p. 259. stricter School or Paedagogy for 3 Kosegarten, I. p. 65 ; II. p. 259 sq. the younger students (' paedagogium * Krabbe, I. p. 57; Kosegarten, cum clausura et directione'). Ib. II. II. p. 101 et passim. p. 213. 268 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, § 12. Founda tion. Constitu tion : the two vice. § 12. FREIBURG-IM-BREISGAU (1455-6). The chief history (with extracts from documents) is SCHREIBER, Gesch. dtr Stadt u. Univ. zu Freiburg im Breisgau, II. Freiburg, 1857. A few documents are given in RIEGGERUS, Anakcta Academice Friburgensis (Ulmse, 1774), and SCHREIBER, Urkundenbuch der Stadt Freibiirg im Breisgau, vol. II. (Freiburg- i.-B 1829). Die Urkunden ilber die der Universitdt Freiburg-i.-B. zuhorigen Stiftungen (Freiburg im Breisgau, 1875), refers but little to our period. It contains the Statutes of the ' Sapientia,' a College founded in 1501, on which there is also a ' Programme ' by WERK (Das Collegium Sapientice in Freiburg, Freiburg, 1839). KRAUS, Die Universitdts-Kapelle im Freiburger Munster (Freiburg-i.-B. 1890). A Bull was granted in I4551 authorizing the erection of a University at Freiburg-im-Breisgau, on the petition of Albert VI, Archduke of Austria; and in 1457 a Ducal Charter followed erecting the University and conferring upon it the privileges of Paris, Heidelberg, and Vienna. It was endowed by the impropriation of Rectories and Prebends in the Ducal patronage. The Bishop of Bale was Chancellor, and the jurisdiction over students was divided between the Bishop and the Rector 2. The accessible data do not admit of any further account of the constitution. It was, no doubt, more or less based on that of Vienna 3 ; but before the end of the century a curious modification was introduced. It was in the English Universities, and through the antagonism between the Nominalists of the English Nation and the rest of the University at Paris, that the quarrel between the Nominalists and Realists first assumed the form of a great faction-fight, dividing Masters and scholars into two hostile camps alike in the battles of the streets and in the debates of the Congregation-house. In the German Universities of the 1 This Bull does not appear to have been a direct Bull of erection, but conferred upon the Bishop of Constance the power to erect the University, which he exercised in the following year. 2 Schreiber, Gesch. II. 1-14. Al bert's Charter is printed in Rieggerus, Analecta, p. 277 ; also (p. 297) a Bull of Innocent VIII in 1484 conferring on the Rector jurisdiction over clerks as well as laymen, and giving power of Absolution for assaults on clerks to the senior Doctor of Theology. '* Schreiber, Gesch. II. p. 14. BALE. 269 fifteenth century this feud reached a climax of bitterness and CHAP. IX, absurdity. We have seen how it had already contributed to § /,3' the disruption of the University of Prague in 1409. At that time the Germans were Nominalists almost to a man ; and in the purely German Universities — at Vienna and in the Universities which received the dissidents from Prague — Nominalism for a time carried all before it. But as the memories of Prague and of Constance began to die out, Realism, no longer incompatible with patriotism, seems to have revived. The Freiburg Faculty of Philosophy was, however, like the parent University of Vienna, predominantly Nominalist till the year 1484, when we find the Archbishop Siegmund ordering the University to provide a Via Re- alium. A little later a realistic section of the Faculty was actually formed under the direction of Master Nort- hofer, who had been fetched from Tubingen for the purpose. From this time distinct lectures were given on each book by a Nominalist and by a Realist Master ; and it was provided that the two persuasions should be equally represented upon the Council of the Faculty 1. It is a singular fact that that liberty of Conscience, about which so much ado has been made in the sphere of what is technically known as Theology or * religious instruction,' should never, in modern times, have been extended to the sphere of Philo sophy, in which men's differences are no less fundamental, no less fraught with consequences alike for religious belief and for practical Ethics 2. § 13. BALE (1459). LUTZ, Geschichte d. Universitdt Basel, Aarau, 1826. VISCHER, Geschichte der Universitdt Basel bis zur Reformation, Basel, 1860. The latter supersedes the former, and publishes more documents. Cf. also OCHS, Geschichte der Stadt und Landschaft Basel, vol. IV, Basel, 1819. ^Eneas Sylvius, who resided at Bale during the sessions of the Council, testifies to the educational zeal of its 1 Schreiber, /. c. II. pp. 43, 59-63. in the 'Magnum Convictorium,' or The Via Antiquorum at Freiburg was College of this University, College also styled Via Scotistarum. life seems to have lasted till about 2 It is interesting to notice that 1774. Werk, p. 34. 270 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, Burgomaster and Council, who supported Masters of If* Grammar, Logic, and Music \ When ^Eneas mounted the jfho PaF>al thr°ne as Pius IT' the Council took the opportunity of petitioning their old friend for University privileges2. grams'Buli A Bul1 WaS ^ranted in J4o9 for the erection of a University for Univer- in a^ Faculties. The Bishop was Chancellor ; and the sity, 1459. Studium was actually opened in the following year 3. The University was under the control of a body of Deputies (deputati) named by the Magistrates. A College was provided and funds supplied by the Town Council ; and a further endowment was obtained by the annexation of prebends varying in value from 40 to 200 florins 4. The Statutes were based on those of Erfurt 5. § 14. INGOLSTADT (1459, ROTMARUS, Almce Ingolstadiensis Academics Tomus Primus, Ingolstadii, 1581, and Annales Ingolstadiensis Academic*;, ed. Mederer, Ingolstadii, 1782. PRANTL, Gesch. der Ludwig-Maximilians-Universitdt in Ingohtadt, Landshut,Miinchen (Munchen, 1872), is one of the most serious and learned of University histories, with a full collection of < Urkunden.' Founda- Bavaria was the next German principality to STOW tion. i . . x J o ambitious of having a University of its own. A Bull was obtained by Louis the Rich, Duke of Bavaria and Count Palatine of the Rhine, from Pius II in 1459 ; but the actual erection of the University was delayed in consequence of the war in which the Duke was engaged against the Emperor Frederick III, and Albert of Brandenburg. The University was not opened till 1472 6, when 489 students were matriculated within the year 7. In the following year 1 Scriptores Rerum Basil, minores p. 15. The Bull and Ducal Charters (ed. Brucker, I. Basileae, 1752), are given by Mederer, IV. pp. 16, P- 374- 39, 42. Inter alia the Duke confers 2 Vischer, pp. 265-7. the privileges of the University of 3 Ib. pp. 268, 282, 290. Easier Athens ! Though the Bull is in the Chroniken, IV. (Leipzig, 1890), p. 332. usual form, a special Bull was pro.- * Vischer, pp. 21-2, 85, 271, cured to authorize promotions in 307-8. the Superior Faculties in 1477. 5 Ib. pp. 311-314. Annales, IV. p. 113. 6 Annales, I. pp. xx, i ; Prantl, I. 7 Prantl, I. p. 64. INGOLSTADT. 271 there were 321 matriculations, in the next 220. From this CHAP, ix, to the end of the century the average number of annual ^ *t4' matriculations is about 200 l. The University received from its founder the privileges of Vienna, which had no doubt hitherto served as the University-town of most Bavarians 2. The Bishop of Eichstadt became Chancellor. In the Constitu- main the Constitution and Statutes of the University were tlon' modelled on those of Vienna. The original draft of the University Charter professed to reproduce the Vienna division of the whole University into four Nations 3 : but in the actual Statutes of 1472 we find no Nations, and as a consequence the student-rights disappear. But the voting by Faculties is retained. The Rector is to be chosen in turn from each Faculty4, and the whole of the Masters have seats in the General Council of the University and of their respective Faculties5. Soon afterwards, however, in accordance with the prevailing tendency throughout Ger many, we find the Masters of below four years' standing excluded from the Councils of the Faculty of Arts 6. But The two the most striking innovation in the Ingolstadt constitution Vl arose out of the now stereotyped and traditional feud between the Nominalists and the Realists. The Faculty of Arts divided itself into two distinct sections, each with a Dean, Council, chest, and Bursae of its own. They met only at Disputations. This expedient, however, appears rather to have fomented than appeased the heat of the metaphysical 1 Annales, I. pp. 1-59. The num- way other Churches were saddled bers fluctuate between 130 and with pensions to Masters without 373- We may perhaps conclude the latter serving the cures. An- that the actual numbers of the nales, I. p. 31 sq. A prebend at University were at least 500 or 600 Eichstadt seems to have been actu- ( Prantl, I.e.}. ally held by the Lector Theologiae. 2 Ib. pp. xxi, xxxiii. A plan for Ib. IV. p. 25. making the Church of S. Mary's 3 Prantl, I. 25. Collegiate, and giving the stalls to * Annales, IV. p. 60. Professors nominated by the Duke, 5 Annales, II. pp. 59, 70. for which the Papal consent was 6 Prantl, II. 88. In the Statutes obtained, broke down, but the reve- of 1519-20, however, we find the nues were applied to the benefit of exception ' nisi collega, regens, aut the University : Prantl, I. p. 15 ; alicuius contubernii praefectus esset.' Annales, IV. pp. 19, 25. In the same Prantl, II. 154-5. 272 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, § 14- Collegium Georgia- Transfer ence to Landshut and Munich. combatants, and in 1478 the two vice were compelled to reunite by the strong hand of the Duke 1. The Collegium Georgianum, founded by the son and successor of the founder of the University in 1494, is re markable as being one of the few Colleges in German Uni versities organized on the Parisian model. Most of the Colleges in German Universities were primarily Colleges for Masters who were engaged in University teaching : the Collegium Georgianum was a College for eleven poor students under a Regent 2. The University was moved in 1800 to Landshut, and in 1826 to Munich3. The Papal Bull for Ingolstadt contains the wholly exceptional provision that candidates for degrees should take an oath of obedience to the Holy See — almost the first instance of anything in the nature of a test in University history. Candidates for degrees at Paris or elsewhere had, indeed, been required before this to assent to various conclusions of the University itself, but no such provision had been imposed from without upon a University at its foundation. In recent times the Bavarian University has elected to its Rectorial chair the leader of the most notable modern revolt from within the bosom of the Roman Church itself against the authority of the Roman See. Founda tion. § 15. MAINZ (1476). The only information about the University which I have been able to get is from a few documents in WURDTWEIN, Subsidia Diplomatica, Heidel- bergae, III. 1774, and a Catalogus chronologicus Rectorum Magnificorum in Univ. Moguntina, Moguntise, 1751. The University of Mainz was founded by a Bull of Sixtus IV, granted on the petition of Diether, Archbishop of that See in 1476, and was endowed with one canonry 1 Annales, I. p. 16 ; II. pp. 70, 71, 73 ; Prantl, II. pp. 49, 52, 77. The voting was by Faculties, the two vice only counting as one. Prantl, II. p. 72. a Annales, I. pp. 44, 47. Prantl, I. pp. 96-100; II. p. 117 sq. 3 Prantl, I. pp. 697, 720. TUBINGEN. 273 and prebend in each of fourteen Churches of the neigh- CHAP IX, bourhood, which were placed in the patronage of the l^L Rector and ' Provisors ' of the University. The Provost of S. Mary-at-steps in Mainz became Chancellor: and the University was endowed with the privileges of Paris, Bologna, and Cologne l. The Archbishop's first Charter to the University was issued in 1477 2, and the first Privi leges in 1479. The first Rector was elected in 3478 3. There seem to be no published materials for any further account of the constitution of this University. A document of 1483 shows that the * Provisors ' were the Rector (who was a D.D.) and the Deans of the four Faculties4. § 16. TUBINGEN (1476-7). BOK, Geschichte der heraoglich Wurtenbergischen Eberhard Carls Univer- sitdt zu Tubingen (Tubingen, 1774), largely occupied with biographies; KLUPFEL, Geschichte und Beschreibung der Univ. Tubingen, Tubingen, 1849, and Die Univ. Tubingen, Leipzig, 1877 ; Urkunden zur Gesch. der Univ. Tubingen, Tubingen, 1877; STEIFF, Der erste Buchdruck in Tubingen, Tubingen, 1881. Wiirtemberg obtained a University of its own by the Foimda- foundation of Tubingen in 1477. Its Founder was Eber- tion' hard, Count of Wurtemberg, with the ' co-operation ' of his mother, Matilda, an Archduchess of Austria 5, and his uncle Count Ulric. Its endowment was supplied by impropriations, and especially by the annexation to magis terial chairs of the ten Canonries and Prebends in the Church of S. George at Tubingen, whose Provost became Chancellor of the University G. The Bull authorizing the erection of the University was issued by Sixtus IV in 1476, but was not executed till 1477, when the University was 1 Wiirdtwein, III. pp. 182, 197 sq. cates the existence of a Collegium. 2 Ib. pp. 187, 223. 5 Urkunden, pp. 28-9. 3 Catalogus, p. i. e Urkunden, pp. i, n sq. The 4 Ib. p. 3. A work entitled ' Mo- Count afterwards added the first- dernorum summule logicales ' and fruits or Decimce Novalium (which he published by the ' Magistri collegii had appropriated to himself), with moguntini regentes ' in 1490 indi- Papal licence. Ib. p. 68. VOL. II. T 274 THE UNIVERSITIES OF GERMANY, ETC. Imperial Bull for Laws. CHAP. IX, actually founded and the first Statutes drawn up by the § t*6- Abbot of Blaubeuren acting as Papal delegate 1. In 1484 the University obtained a confirmatory Charter from the Count's kinsman, the Emperor Frederick III. The language of this Charter is remarkable since it seems to assume that the Imperial permission was specially requisite to authorize teaching and graduation in the Roman or * Imperial ' Laws — the first indication of such a theory with which we have met 2. By this time the true idea of the purpose for which the Papal or Imperial Bull was originally sought was becoming confused. The Tubingen Charter is no doubt a somewhat unhistorical assertion of prerogative on the part of the Emperor. At an earlier period the Imperial Charter would not have been limited to the Faculty of Law ; although an Imperial Charter was sometimes obtained as well as a Papal one, each authority had fully recognized the prerogative of the other in respect of all Faculties alike. The Emperor as little denied the Pope's power to found a Law University as the Pope denied the Emperor's to erect a Studium Generale in Theology. Forty Masters and 256 students were enrolled by the first Rector 3. Among its earliest Masters appears the name of one who has sometimes been called the last of the Schoolmen, Gabriel Biel, a name of very great importance in the development of that Nominalist Theology against which the revolt of German Protestantism was in an especial manner directed. There were, however, two vice at Tubingen as well as at Freiburg and Ingolstadt : but Tubingen was one of the earliest Universities to welcome Numbers early dis tinction. 1 Urkunden, p. n sq., 39. It is ob servable that the original purpose of the Papal Bull has now passed out of sight : there is no express grant of the Facultas ubique docendi, merely a general conferment of all privileges enjoyed by other Univer sities. The Provost of S. George's is appointed Studii Cancellarius, with the powers which the Archdeacon of Bologna exercises ' in universi- tate Studii Bononiensis.' It will be noticed that ' Universitas studii ' and ' Studium ' are now practically synonymous. In the words used by the Chancellor in conferring the Licence, the ' hie et ubique terrarum ' has disappeared. Ib. p. 260. 2 Urkunden, p. 76. 3 Urkunden, pp. 462, 471. TUBINGEN. 275 first the New Learning and then the Reformation. It CHAP. IX, numbers Reuchlin among its teachers, and Melanchthon Sum among its students. It may be well at the conclusion of this brief sketch to Summary, sum up the chief characteristics of these German Univer sities in the form which they have assumed by the end of our period. Paris was on the whole the model from which they all started. In all essential respects in which we have not noticed a change, it may be assumed that the customs and institutions of Paris were reproduced in her German offshoots. The changes which we have noticed in successive foundations exhibit a gradual modification of the Parisian constitution ; all these changes tended in the same direction, and culminated in the evolution of a form of University constitution in which it is not always easy to recognize the resemblance to the Parisian prototype. It remains for us to recapitulate the main points of difference between the German University of the fifteenth century and its Parisian original. (i) An important reservation must be made when it is Survival said that the German Universities were founded on the model of Paris. The two earliest Universities — Prague and Vienna — exhibit a mixed type of University constitu tion. At Prague after 1372 the Jurists had a separate student- University of their own : while in the four Nations of Vienna students had a place as well as Masters, and all participated in the election of a Rector. Gradually, however, the constitution of the last University was so far modified as to place in the hands of the Masters all real academic power. This was effected by transferring most of the authority from the Nations to the Council of the University in which the Masters predominated and to the Councils of the respective Faculties which were wholly composed of Masters. In later Universities the student-rights disappear with one exception ; in many of them the Rector may still be a student though not elected T 2 276 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, Summary. Rector and Faculty of Arts. Notions. Collegiati and Councils. by the students. The exception was of little practical im portance. It perpetuated itself because it conduced to the honour and advantage of a University to have a young Prince or Count for its Rector. It is probable that it was only in such cases that a student was ever elected. Some times a young aristocrat was elected even if under age : in that case he was assisted and practically controlled by a Vice-Rector. (2) The connexion of the Rector with the Faculty of Arts which had its root in the peculiar historical develop ment of the Parisian constitution had by the date of the earliest German University become an unintelligible anomaly. It early disappeared both at Prague and at Vienna, and in the later Universities (with the exception of Heidelberg) the Rector might from the first be chosen from any Faculty. The Faculty of Arts always had a Dean of its own. (3) The special connexion of the Nations with the Faculty of Arts had likewise become meaningless. When Nations existed in the German Universities they existed as a divi sion of the whole University. They were from the first less important than at Paris ; and in the later medieval foundations they disappear altogether. (4) A fundamental difference between Paris and her German daughters lay in the fact that in the latter the teachers were from the first endowed. The endowment was usually effected, at least in the Faculty of Arts, by the erection of one or more Colleges The Universities were thus provided with a permanent Professoriate, and this Professoriate succeeded in time in ousting the unendowed Regent Masters from all real academic power. Sometimes all Regents voted for the election of Rector and Dean ; but in every case the real power was gradually transferred to the Councils, which practically constituted both the University and the Faculties 1. The composition of these 1 At Greifswald, in 1456, all the Masters vote in the election of Dean (Kosegarten, II. p. 297). But all academic power seems to be in the hands of a Council of twelve senior Masters, of at least two years' THE UNIVERSITIES OF GERMANY, ETC. 277 Councils varied. Nearly always they included only Col- CHAP. IX, legiati with such honorary members as they might think Su^^r-v- fit to coopt l : sometimes all Collegiati sat in the Council, sometimes only a limited number — those of a certain stand ing or the holders of the better-endowed Chairs. In the University Council the Faculty of Arts was often repre sented by only a limited number of its members, while all the Professors of the superior Faculties had seats in it 2. Throughout the period which we have been studying there is a tendency to transfer academic power from popular Congregations, such as still rule our English Universities, to an oligarchy of permanent and endowed Professors. The change is virtually complete by the end of the fifteenth century. (5) The Colleges stood from the first in a different relation Colleges. to the University from that which they occupied at Paris. At Paris the Colleges had sprung up later than, and inde pendently of, the University, and their original purpose was merely to provide for poor students. In the German Uni versities the larger Colleges \vere designed primarily to supply the University with teachers. Many of them formed part of the original Founder's design : at all events they were in most cases under the direct government of the University, or rather of its Faculties. The old haphazard standing (ib. p. 300), who are ap- superior Faculties and two Masters parently identical with the Collegiati of Arts with extraordinary members (ib. I. p. 77; II. p. 215), though ex- cooptedby them (Westphalen, Diplo- traordinary members might be added matarium, IV. c. 1010). to the former (ib. II. p. 220). The 2 In some Universities, however, Collegiati are a coopting body, but as late as the sixteenth century, the election to a Collegiatura or to the unendowed Regent Masters are the prebends, with which the en- still required to reside for two years dowment was completed, requires and do a certain amount of lectur- the confirmation of the University ing, probably extraordinarie, unless :^ib. II. 221). Here (as in other dispensed by the Faculty. So at cases) many functions are reserved Leipsic (1471-1490), Zarncke, Statu te a still smaller Concilium, Secre- tenbucher, p. 403 ; and at Greifswald, turn of the University or Faculty Kosegarten,II.p. 303: but here they (ib. p. 229). are only required to lecture ' per 1 At Rostock only the Professors duos menses . . . et octies disputare of the more valuable chairs in the extraordinarie.' 278 THE UNIVERSITIES OF GERMANY, ETC. CHAP. IX, Regent system was necessarily inefficient. At Paris and ummary. Qxforcj jt was gradually supplanted by the growth of College teaching, at least in the Faculty of Arts. In Germany the same change may be traced, but here the College teachers were from the first University teachers as well, and gradually passed into the position of a University Professoriate pure and simple. At first there was, indeed, a distinction between University lectures and College dis putations or 'exercises,' the latter being given in the Colleges by the endowed Regents or in the private burses by their Rectors or Conventors. For a time College teaching and University teaching existed side by side (though given to a large extent by the same persons), but even the College or domestic teaching was regulated and required by the University1, so that, long before the Colleges began to disappear, all teaching was practically in the hands of the University. The College or Colleges of a Faculty were in fact practically identical with the Faculties themselves, and in most cases had hardly any existence independently of the University". Evolution (6) Another step towards the evolution of the modern fessoiiate. Professoriate was taken when the subjects to be lectured on were systematically distributed among the Masters of 1 At Leipsic ' serotinae disputa- ' Bursae,' which seem to have been tiones ' are required for a degree in houses included in or annexed to the 1471-90 (Zarncke, Statutenbiicher, p. Collegia proper. Kosegarten, II. 420). Private paedagogia often existed pp. 243, 249 s^. The former passage side by side with the Colleges, and throws a startling light on the state of the ' Exercises ' in them were recog- sanitary arrangements in a medieval nized by the Faculty as equivalent College in 1484. Money was voted to those conducted by Collegiati in ' pro quodam secreto erigendo ad the Colleges. (See e.g. Kosegarten, commodum magistrorum, ne eos con- Greifswald, II. p. 301 s#.) But some tingeret dispariter vulgari supposi- students still lodged with citizens torum concursu permisceri, turn (ib. 252 — a document from which it eciam quia cloacae . . . fuerunt super- appears that most of the Arts students effluenter replete sordibus, et sic were Danes). cum difficultate expurgabiles.' The '2 This appears with peculiar clear- requirements of Undergraduates do ness at Greifswald, where the Faculty not seem to have been considered; of Arts is found ordering the most hence perhaps the partiality of the minute repairs of the Collegium latter for the private ' Regentia ' so majus and Collegium minus and of the bitterly lamented by the Collegiati. THE UNIVERSITIES OF GERMANY, ETC. 279 the Faculty. We are entirely in the dark as to the manner CHAP. IX, in which the distribution of books among lecturers was effected at Paris. But perhaps in a University like Paris, where 1 20 Regents in Arts are said to have been teaching simultaneously, the distribution may have been left to the natural operation of the law of supply and demand. In smaller Universities (especially when newly founded) where the same number of subjects had to be divided among a very small staff of teachers, this was impossible. Hence we find on the foundation of Leipsic that it was resolved that the books should be distributed among the Regents by lot1. In other Universities it would appear that the distribution was effected by mutual arrangement or the decision of the Faculty. To convert these endowed Re gents into Professors of distinct subjects it was only neces sary that the teacher should continue to teach the same subject permanently instead of having a fresh book assigned to him at the beginning of each academical year. To trace the steps by which this change was effected would carry us beyond the chronological limits to which this work is confined. When the power of voting at Faculty-meetings, and especially the control of the Examinations, was reserved to a Council, and the emoluments of the Ordinary Lectures to a College, a single step only was necessary for the com plete evolution of the Regent Master into a Professor — i.e. to make the two restrictions coincide. This change appears to have been completed in the course of the sixteenth century, when membership of the Faculty became de pendent upon a place in the College : Faculty and College became identical2. To trace further the development of the ancient College-system of modern Germany into the 1 Zarncke, Statutenbiicher, p. in the Faculty of Arts had usually 309. not been the case ; (2) the extinction 2 Cf. Paulsen, Hist. Zeitschr. T. 45, of the ordinary Regent's role in the p. 396. The full development of the University as well as the Faculty ; system involved also ^i) the making (3) the restriction of particular chairs of Collegiaturse permanent, which to particular subjects. 280 THE UNIVERSITIES OF GERM ANY , ETC. SummarX' Professon'al system of to-day, would again be beyond our -v*-' province. Suffice it to say that the Professor Ordinarius of modern times is the successor of the medieval Collegiatus or Doctor-prebendary; while the Extraordinary Professors and the Privat-docenten may be considered to represent the old extra-collegiate Regents, authorized to teach and to take what fees they can get for doing so, but with no endowment or share in the government of the University1. 1 An Imperial Bull was granted ad Oderum, 1676, p. 12) ; but, as the for the foundation of a University University did not come into actual at Frankfort in 1500 (Becmanus, existence till 1506, I have regarded Memoranda Francofurtana, Francof. it as lying outside my subject. CHAPTER X. THE UNIVERSITIES OF POLAND, HUNGARY, DENMARK, AND SWEDEN. CHAPTER X. THE UNIVERSITIES OF POLAND, HUNGARY, DENMARK, AND SWEDEN. § 1. CRACOW (1364, 1397). There is a good collection of documents, Codex Diplornaticus Universitatis CHAP. X, studii gen. Cracoviensis (Cracoviae, 1870), which contains a list of books on § I- the University, chiefly Polish (I. p. 4"). The Regestrum Bursce Cracoviensis (Budae, 1821) supplies interesting information (with extracts from docu ments) about one of the Colleges or rather Halls. The Matriculation book has been edited by ZEISSBERG (Das dlteste Matrikelbuch der Univcrsitdt Krakau, Innsbruck, 1872), and more recently by PELCZAR (Album studiosorum Univ. Cracov., Cracoviae, 1887), and the Ada rectoralia almce Universitatis studii Cracoviensis are being published by WISLOCKI (Tom. I. fasc. i. Cracoviae, 1893). The Ada consist of the records of the Rector's Court, perhaps the only document of the kind at a continental University which has yet been published. I have not seen Statuta necnon liber promotionum philosophorutn ordinis in universitate studiorum Jagellonica ab anno 1402 ad annum 1849, edidit T. M., Cracoviae, 1849. THE University of Cracow was originally founded by First a Charter of Casimir the Great, King of Poland, in 1364!. ^nbda" A Bull of Urban VI followed in the same year2. The Casimirthe Royal Charter confers in general terms the privileges of^*/ Bologna and Padua, and describes in some detail the consti tution of the contemplated University. This constitution A Student is entirely of the Bologna type, and the fullest Student- Universil)- rights are conferred. Both Rector and Professors are to be elected by the students, and a Master is ineligible to the Rectorship 3. The Rector is accorded a full and exclusive Jurisdic- civil jurisdiction over students, and in criminal cases his tlon* 1 Printed in Cod. Dipl. pt. I p. i. a Ib. pp. 2, 3. 2 Ib. p. 6. 284 UNIVERSITIES OF POLAND. CHAP, x, judicial competency extends to cases of ' hair-pulling, .1*1 slapping, and striking.' In serious criminal matters a clerk is to be handed over to the Bishop, a layman to the Royal tribunals l. Even in such cases he was not to be arrested without the Rector's consent. Salaries were assigned to Masters of Law, ' Physic,' and Arts, and charged upon the revenue arising from the salt-tax of a certain district2. The University was nominally founded for all ' lawful Faculties ' ; but Law was evidently intended to be the prominent subject, and the Pope expressly excepted Theology from the privileges conferred by his Bull. In another important point Urban VI refused his assent to the provisions of the Royal Charter. The King, in imitation no doubt of Frederick II's Neapolitan constitution, ordered that the Royal Chancellor should superintend the ' private examination,' but the Pope's Bull secured his usual rights to the Bishop of the diocese 3. Whether the existence of Casimir's University was ever more than nominal is far from certain : still more doubtful is it whether it outlived the death of its Founder in 1370, and the political confusion which ensued 4. The resusci tation of the extinct University is due to King Ladislaus Jagellow, who in 1397 procured from the Roman Pope, Boni face IX, a Bull for a Theological Faculty 5, and in 1400 issued a fresh Charter for the whole University 6. The University was actually opened or reopened in that year7. In the Second Founda tion by Ladislaus, 1397-1400 1 ' Veluti pro verberali iniuria, vel si Scolaris . . . aliquem capillando vel offendendo palma vel pugno ad effusionem sanguinis laeserit.' Cod. Dipl pt. I. p. 3. 2 Ib. p. 3. * See Urban's letter to the King. Ib. p. 9. 4 The Charters of 1400, though ostensibly issued on account of the new Faculty of Theology, involve complete reorganization of the Stu- dium. Moreover, a letter of the University to the Council of Con stance, in 1416, speaks of itself as being 'in sua novitate' (ib. p. 113). Cf. Nakielski, Michovia, Cracovia, 1634, p. 285. 5 Cod. Dipl. pt. I. p. 24. Kauf- mann (Zeitschr. fur Geschichtswissen- schqft, I. p. 26), points out that the mere fact that the Bull purports to found a new University does not absolutely disprove the existence of the old one : still where the Bull is from the same authority, it makes it improbable. 6 Cod. Dipl. pt. I. p. 25. 7 Zeissberg, p. 6. CRACOW. 285 form given to it by the new Charter, it appears very doubtful CHAP. X, whether the University was really a University of students. Jjl It would appear that the students still elected the Rector, but the clause requiring the Rector to be a student dis appears. And from the list of Rectors l it is evident that the office was generally, if not invariably, held by a Master ; and the Masters seem — at least in all matters relating to the property of the University — to be in possession of the powers of their Parisian brethren. A College of Jurists and a College of Arts — known also as the College of King Ladislaus — were provided for the Masters 2. A Collegium minus for the Artists was afterwards added, as at Leipsic and its daughters, Rostock and Greifswald3. These Colleges were Colleges of Regent Masters on the German model. No non-foundationers appear to have been admitted to them as students, but several slightly endowed Halls or Bursae4 were founded in the course of the fifteenth century. The salaries of the Professors in all Faculties were now supplied mainly by the impropriation of ecclesiastical dignities 5, canonries, and other benefices. In this, as in other respects, the University of Ladislaus — so far as the extant documents enable us to judge — now follows the precedents of Prague, Leipsic, and other German Universities, rather than the Bolognese traditions which had influenced the abortive scheme of Casimir the Great. The Charter of Ladislaus confers the same rights on the Royal Chancellor as that of his predecessor : but it is doubtful whether the Bishop 1 Cod. Dipl. pt. I. p. 203 sq. These Bursae, founded by private 2 Ib. pp. 43, 48, 73, 100, 139, &c. liberality, but with slender if any We hear little of Medicine at Cracow, endowments, seem to stand mid- though a Medical graduate is occa- way between the private-adventure sionally mentioned : but the Col- Bursa or Hospitium and the ' Col- legiati of the College of Arts often lege ' of Paris or Oxford. So, in proceeded in Theology. I473> a house is given ' pro Canoni- 3 Cod. Dipl. pt. II. p. 98; pt. III. starum Bursa' (Cod Dipl. pt. Ill- p. 45. p. 38). Among the Bursae men- 4 A Bursa Pauperum was founded tioned in the Ada Rectoralia is a in 1410 (ib. pt. I. pp. 82, 83), and in Bursa Divitum. 14543 Bursa Jerusalem for 100 ' stu- 5 Cod. Dipl. pt. I. pp. 35, 38, 66, denies nobiles et plebei ' (p. 156). 70 et passim. 286 UNIVERSITIES OF HUNGARY. CHAP. X, was not in actual possession of the University Chancellor- Jjl ship1. The Rector possessed an ample jurisdiction in the causes of scholars, whether civil, criminal, or spiritual. Numbers. From the re-foundation under Ladislaus the University enjoyed considerable prosperity, drawing- students not only from Poland, but from the neighbouring German territories, especially from Bavaria. Franconia, Swabia, and even from the north of Switzerland. Two hundred and six students were matriculated in the first year, including no doubt some honorary incorporations of ecclesiastics who had graduated elsewhere. Between 1401 and 1410 the annual number fluctuates between 45 and 133. In 1411 the continued troubles at Prague may be the cause of the matriculations going up to 150, and from this time the number is seldom below 100, and often exceeds 200. In 1483 the matricula tions go up with a bound from the 130 of the preceding year to 388, and (with some falls) the prosperity of the University was fully maintained till the end of our period. In 1500 there were 506 matriculations, representing probably an academic population of between 1500 and 2000 2. § 2. FUNFKIRCHEN (1367). WALLASZKY, Tentamen Historic? Litterarum in Hungaria, Lipsiae, 1769, p. 51 sq. ABEL JENO, Egyetetneink a Kozepkorban, Budapest, 1881, which contains many extracts from documents. Cathedral A decree of Ladislaus III. setting apart an estate for Veszprim, tne ' reformation ' of the Schools at Veszprim 3, declares &c- that a Studium of the Liberal Arts had flourished there ' as at Paris since the acceptance by Hungary of the Catholic Faith4.' Such a comparison might seem to suggest that 1 See Cod. Dipt. pt. I. p. 79. The Bishop directs the distribution of the ecclesiastical revenues annexed to the Studium. The Cod. Dipl. con tains an immense collection of docu ments relating to the property of the University, but no Statutes. 2 Zeissberg, p. 19 sq. 3 ' Ut ibidem Studium quod hac- tenus floruerat, reformetur.' Doc. in Cod. Diplom. Hungarice, ed. Fejer, T. V. vol. II. p. 347. * ' Liberalium artium studia . . . prout Parisius in Francia ' (/. c.}. FUNFKIRCHEN. 287 the Studium was regarded to some extent in the light of a CHAP. X, Studium generate respectn regni : but there is no express Jj^l evidence that such was the case, and as a matter of fact the first recognized Hungarian University did not develope by spontaneous evolution out of the Schools of Veszprim or any other ancient Studium, but was founded entirely de novo in the Episcopal City of Fiinfkirchen, where it appears to have no special continuity with any older School. The foundation of the University was begun by King Founda- Lewis I of Hungary in 1360!, but the Bull of erection was pSnfHr- not granted by Urban VI till 1367 2. The Studium was to chen,i36o- be ' as well in Canon and Civil Law as in any other lawful *3 7' Faculty,' except Theology. It was clearly for the Faculties mentioned that the University was chiefly intended, and — since Hungarian Law was not based on Roman — primarily for the study of the Canon Law. To teach it the Bolognese Doctor Gabranus Bettinus was provided by the Bishop with a salary of 300 silver marks or 600 golden florins, which was made (with the consent of the Chapter) a permanent charge upon the Episcopal revenues : and the Provostships of the Cathedral and two neighbouring Churches were also annexed to three Chairs of Law3. A few allusions in Papal Bulls suffice to show that the Studium really came into being : but the latest of them is dated 1376 4, and how long after that the University survived it is impossible to say. The allusions to Schools at Fiinfkirchen in the fifteenth century5 are certainly not of a kind which prove the existence of a University G. 1 Wallaszky, p. 51. ° The statement that there were at 2 Abel Jeno, p. 50 : sometimes one time 2000 (afterwards multiplied wrongly dated 1382 (see Denifle, to 4000) students at Fiinfkirchen I. p. 415 «.). before the 'Turkish Captivity' ap- :; Abel Jeno, pp. 51, 54. pears to rest only on the statements 4 Denifle, I. p. 417. Cf.below,p 288. of seventeenth-century writers. Wal- 5 Abel Jeno, p. 55. laszky, p. 51. 288 UNIVERSITIES OF HUNGARY. CHAP. X, §3. BUDA (1389). §3- WALLASKZY, Tentamen Histories Litterarum in Hungaria, Lipsiae, 1769, p. 51 sq. : ABEL JENO, Egvetemeink a Kozepkorban, Budapest, 1881, which contains many extracts from documents. Founda- The University of 'Old Buda' was founded in 1389 by Sigismund, King of Hungary, with a Bull granted by Boniface IX appointing the Provost of S. Peter's Chan cellor: but in 1395 a Bull was issued by the same Pope1 appointing the Bishop of Veszprim to the Provostship and Chancellorship, in spite of the want of a Doctor's degree 2. In the following year the extant Register of the Faculty of Arts begins, and shows that the University was now in working order, at least as far as that Faculty is concerned 3. Re-founda- In 1410 a Bull is addressed by John XXIII to the Papal " Referendary in Hungary, which, after alluding to Sigis- mund's intention of founding a University in that country, directs him to report on the most suitable site for such a University 4. It is clear, therefore, that the project was at this time looked upon as not having been fully carried out : and in the following year a new foundation-bull was issued 5. From this time the life of the University becomes more vigorous. It sends three Doctors in Theology and two of Decrees to the Council of Constance6: and for some years after this there is evidence of the existence of a considerable Studium, especially in Theology. But it is probable that it did not outlive its founder, who died in 1437, Extinction, and certain that both Fiinfkirchen and Buda must have been practically extinguished before 1465, when a Bull of 1 The authority for the statement 2 Abel Jeno, p. 59. is Inchofer, Annales regni Hungarice, 3 Ib. p. 60. Romae, 1644, I. p. 328. Denifle (I. 4 Ib. pp. 18, 57. p. 419) tells us that the Bull cannot 5 The only trace of this Bull known be found at Rome, but it is mentioned to exist is the entry in Garampi's in Garampi's Catalogue, and the fact Catalogue : ' Erectio studii generalis that a Studium Generale was founded in oppido veteris Budae Vesprimien. by Sigismund is attested by a Bull dioec A.B. Johannis 23, //.' Denifle, of John XXIII. Cf. Abel Jeno, I. p. 421. P- 57- 6 Abel Jeno, p. 6r. BUDA, PRESSBURG. 289 Paul II declares that there now exists no Studium Generale CHAP. X, in the kingdom of Hungary. This Bull was called forth §M4' by a petition of King Matthias, and authorizes the Arch bishop of Gran and the Bishop of Funfkirchen to erect a University in any city of the realm approved by the King1. It seems that the immediate effect of this Bull was a new University at Pressburg ; but some years after wards we find a new College erected at Buda by King Matthias. It appears, however, difficult to say whether this was regarded as a revival of a new University or as a wholly new institution. The fact that its first Rector was a Friar seems to indicate that its organization was not altogether upon the usual University lines 2. § 4. PRESSBURG (1465-7). SCHIER, Memona Academics Istropolitance, Viennae, 1774. ABEL JENO, Egyetemeink a Kosc'pkorban, Budapest, 1881. There is said to be an article by WINDISCH in Neues Ungarisches Magazin, II. Pressburg, 1792. Allusion has already been made to Paul II's Bull of 1465, Founda conferring on the Archbishop of Gran and the Bishop of ^ync Funfkirchen powers to erect a University in any town of history. Hungary selected by the King 3. In pursuance of these powers a University was erected in 1467 at Poszony or Pressburg, situated on the great water-way of the Danube near the Austrian frontier. The house of a wealthy citizen, who had opportunely died intestate, was set apart for the Schools, and also for a College of Masters and scholars founded by the King4. The Studium actually opened in 1 Abel Jeno, p. 64 ; Schier, Memo- sanctseque scripturae, ubertim possint ria Acad. Istropolitance, p. 7. quod quisque cupit haurire' (Echard, 2 In the Dedication to King Mat- 55. Ord. Freed. I. p. 862). Cf. Wal- thias of his Clypeus Thomisiarum laszky, pp. 5-7 sq. Some of the ac- (Venetiis, 1481), the Rector, Petrus counts here quoted border on the Niger, thus describes the College : fabulous. 3 See above, § 3. 'Instituistinamquehacciuitate Buda, 4 Abel Jeno, pp. 66, 68, 78; Schier, florentissima regni tui sede, apud p. T2. The date is given by an Praedicatorum ordinis fratres uniuer- horoscope preserved in the Civic sale gymnasium, ubi cuncti generis Library at Vienna, inscribed ' Figura discipline, philosophise, theologiae, coeli hora Institucionis Universitatis VOL. II. U 290 UNIVERSITIES OF HUNGARY, SWEDEN, ETC. Constitu tion. CHAP, x, the same year under Masters of Theology, Canon Law JjL and Arts, hired from Vienna, France, and Italy1. The documentary allusions to the University are sufficiently numerous to show that it enjoyed a robuster life than its predecessors, and lasted till the war between King Ladislaus and the Emperor Maximilian made peaceful studies impossible in Hungary. Both the King and the Archbishop, who concurred in its foundation, were much given to judicial Astrology, and such fame as the University acquired was due to the Astrological eminence of its Masters 2. The original Bull of Paul II gave the Apostolic delegates named therein power to frame Statutes ' on the model of the University of Bologna,' and that clause contains the only clue which appears to be forthcoming as to the constitution of this and other Hungarian Universities3. The Arch bishop of Gran was Chancellor, and an Archiepiscopal Ordinance conferred on the Vice-Chancellor, the Provost of the Church of Pressburg, a comprehensive jurisdiction in all cases — spiritual, civil, and criminal — in which a scholar was engaged, reserving, however, an appeal to the Arch bishop 4. § 5. UPSALA (1477). ANNERSTEDT, Upsala Universitets Historia, T. I, Upsala, 1.877. This may be a convenient place to mention DAAE, Matrikler over Nordiske Studerende ved fremmede Universiteter, Heft I of which (Christiania, 1885) gives the list of Scandinavian students for Prague and Rostock. A Bull for a University at Upsala was issued by tion and Sixtus IV in 1477, on tne petition of the Archbishop of histropolitane Anno domini 1467°.' The town of Poszony was not pre viously known as Istropolis, and on this account Schier supposes that the University was originally founded at Gran, and afterwards transferred to Poszony, higher up the Danube, where it would be less exposed to Turkish inroads, and enjoy easier com munication with the civilized West. 1 Abel Jeno, p. 69 ; Schier, p. 22. It is not clear, however, whether those from France and Italy ever actually arrived. 2 Abel Jeno, pp. 70$?. 78; Wal- laszky, Tentamen Hist. LiU. in Hung. pp. 20, 26. 3 ' Ad instar studii Bononiensis,' Abel Jen5, p. 65. * Abel Jen6, p. 76. UPSALA, COPENHAGEN. 291 Upsala and the Bishops and clergy of Sweden. The Bull CHAP, x, declares that the University was to be on the model of \.' Bologna, and confers the privileges of that University1, early No early Statutes of Upsala are extant, but there can be little doubt, in spite of this declaration, that some German University, such as Cologne or Rostock, with which Swedish ecclesiastics were familiar, was the real model for the new University. The Archbishop, James Ulfsson, was its true Founder. It was closely connected with the Cathedral : it is even said to be founded £ in the Metropolitan Church of Upsala2.' No Royal Charter was issued, though the Archbishop's Ordinance recites that Steno the Governor and the Council of the Realm had conceded to his founda tion the Royal privileges of Paris 3. Such endowments as the University possessed came from the annexation of Prebends in the Cathedral Church. There is evidence that Lectures in Theology and Arts really began in the foundation year and continued till the close of the century4. At that time we find a Professor of Theology endowed with a Cathedral prebend, a Professor of Law and a ' Col lege ' of four Regent Masters of Arts 5. § 6. COPENHAGEN (1478). BARTHOLINUS, De Ortu et Progressu et Incrementis Regice Academic* Hafmensis, Hafniae, 1620 (no pagination). MATZE.x,Kj0benhavn's Universitcts Retshistorie, 1479-1879, Kj0benhavn, 1879. WERLAUFF, Kwbenhavns Uni- versitet fra dets Stiftelse indtil Reformationen, Ki0benhavn, 1850. R0RDAM, Fra Universitetets Fortid, Kj0benhavn, 1879. The University of Copenhagen — since 1443 the capital Founda- of the Danish Kingdom — was founded under a Bull granted constjtu- by Sixtus IV in 1475 on tne petition of King Christian I G. tion- 1 Annerstedt, I. Docs. pp. 1-4. ance of 1504, which assigns 130 2 Ib. I. Docs. p. 6: < apud metro- marks from the Cathedral revenues politanam ecclesiam Upsalensem.' (Docs. p. 414). But it would seem 3 Ib. I. Docs. p. 7. that some endowment out of Cathe- 4 Ib. I. p. 30 sq. The evidence is dral funds must already have been chiefly derived from MS. notes or provided, since the College of Arts dictates by Students. is assumed to be in existence. 5 See the Archiepiscopal Ordin- ° Matzen, I. Docs. p. i. According U 2 292 THE UNIVERSITIES OF DENMARK. CHAP. X, The Bull runs in a form not unusual at this period : it JJ1 authorizes the Primate, the Archbishop of Lund, to erect a Studium Generale in any place selected by the King, to frame Statutes for it, and to make the Bishop of the diocese Chancellor. The Chancellor is to have all the powers of the Archdeacon of Bologna, but in the conferment of degrees he is to observe the constitutions of Vienne1. In 1478 the University was actually planted at Copenhagen by Royal Letters-patent2. By these letters the Bishop, Dean, and Provost of Roskild, together with the Dean of Copenhagen, were appointed Royal Conservators with an apparently unlimited jurisdiction over students. In 1479 a Code of Statutes was promulgated by the Archbishop of Lund 3. They are little more than a transcript of the Statutes of Cologne, which were themselves based on those of Vienna. Cologne had, no doubt, hitherto been one of the chief places of education for Danish students ; and thence came the first Professors of Copenhagen4. The Collapse University was brought to an end in 1530 by the civil and religious commotions of Denmark, and was re-founded as a Protestant University in 1539 by Christian III, three years after the definitive triumph of Protestantism in that country5. The University had originally been endowed with a few impropriations, but it remained poor and obscure until its re-foundation by Christian III. and re foundation, 1539- to Bartholinus, a Bull had been granted in 1420 by Martin V, but remained unexecuted. 1 See above, vol. I. p. 232. 2 Matzen, I. Docs. p. 3. 3 Matzen, I. Docs. p. 4. * Werlauff, p. 6; R0rdam, p. 19. 5 Bartholinus; Matzen, I. p. 78. CHAPTER XI. THE UNIVERSITIES OF SCOTLAND. CHAPTER XI. THE UNIVERSITIES OF SCOTLAND. § 1. S. ANDREWS (1413)- No regular History of the earliest Scotch University has yet appeared. CHAP. XI, There is a useful sketch by J. M. ANDERSON (The University of St. Andrews, Jj^ Cupar, 1878, with Supplement, 1883), which, it is hoped,, he will soon replace by a larger work. Some information is given and some documents are printed in LYON, Hist, of S. Andrews, Edinburgh, 1843. See also Sir ALEX. GRANT'S Story of the University of Edinburgh ^London, 1884), a chapter by the late Principal SHAIRP in Sketches in History and Poetry (Edinburgh, 1887, p. 132 sq.}, and a slighter sketch by ANDREW LANG in St. Andrews, p. 68 sq, London, 1893. But the most important printed source of infor mation at present is the Report of Commissioners to visit the Universities of Scotland, London, 1831, and Evidence, vol. III. 1837, with App. of Documents. I have used two MS records preserved in the University Library, (i) Ada Facultatis Artium ab initio Studii S. Andree fundati et privilegiati per Bern- dictum papam anno domini MCCCCXIII ; and (a) Ada Rectorum, dating from 1470. THE adventurous disposition of young Scotchmen dates The from the early Middle Ages. Like the Scotch soldier of ^^ fortune of that time, and the Scotch clerk or merchant abroad, of to-day, the Scotch student was to be found everywhere. Scotchmen— at least lowland Scotchmen— contributed an important element to the ' Boreales' of the English Univer sities. But the bitter hostility between the two nations and the close intercourse between the Scotch and the French Courts naturally contributed to keep up in Scotland the habit of seeking education on the Continent long after the practice had become very exceptional in England. AjScots' College was, as we have seen, founded at Paris by a Bishop in 1326; and there are many traces of the 296 UNIVERSITIES OF SCOTLAND. CHAP. XI, presence of large numbers of S(^tdimejiMn_Jhe smaller _Jl French Universities during the medieval period. They also had a Nation to themselves at Padua. nSdeTfor At a later time this habit of seekin§" education abroad Scotch Uni- had important effects in Romanizing the Law of Scotland. versities. Toprovidejlie country with educated, lagyfirsjyas no doubt a prominent object with the Founders of the Scotch Univer sities from the first, though (as we shall see) their object was not accomplished to any great extent till after the close of our period. It was probably from the lesser_Fr£n^h_JUniversi- ties, such as Orkans and Angers, in which the Bologna system of Student-elections was modified by the reservation of greater rights to the Bishop on the one hand and to the Masters on the other, that the Scotch University-foundejs.de- rivedJheuideaLwhich their earliest constitutions and charters seem to imply. That realized. Though the study of Canon Law was a prominent object with all the Founders, the Faculty maintained but a slender, and, at times, an even nominal existence in medieval Scotland l. The ^onl^JEa^uhy which really succeeded in the early days of the Scotch Universities was the Faculty of\Arts; and the tradri^n£gfjh^^ FfKMllfT>g "f Arti wsre^dmVH iilfimptpl^frsgnj^js 2, and more immediately perhaps from the younger daughters of Paris, the Univer sities of Northern Germany and the Low Countries, which 1 At S. Andrews, Theology and Canon Law are mentioned in the MS. Ada Fac. Artium, ff. r b, 4 a, 17 a. For a most interesting account of pre- University education in Scotland, see Edgar, History of Early Scotch Education (Edinburgh, 1893), the chief defect of which is the common assumption that Schools for seculars connected with Monasteries were taught by monks. 2 ' Quod more parisiensi libri con- sueti legantur ordinarie' (MS. Acta Fac. Artium, f. i b}. The Parisian Nominalism reigned at S. Andrews : 'Quod doctrina Alberti adhuc non legatur in isto studio sed Buridani ' (/. c. f. 4 «). Here, however, as elsewhere, there was a reaction. In 1438 a motion for suppressing the 'doctrine' of Albert and Petrus Flispanus in favour of Buridan was carried by twenty-one to five, but eventually leave was granted to teach 'via domini Alberti vel cujus- libet alterius philosophi ab ecclesia recepti' (/. c. ff. 216, 220). At Glas gow (in 1482) the 'Via Antiqua' prevailed, since Petrus Hispanus is the Logical Text-book. Mun. Univ. Glasg. II. p. 25. S. ANDREWS. 297 were much frequented by Scotchmen. Consequently the CHAP. XI, modified Student-autonomy contemplated by the original \*' Founders early sank in practice to a mere phantom in the Universities in which it has nevertheless longest maintained its ground. ^Till the beginning! of the fourteenth century there were Founda- AOjSdiQolsin ScojikmAJie^ojjxd^ Andrews which taugnTTTrammar and_Ljp^ic__to_the poorer eccle- i4TI~3- afford to wander far from home in quest of learning1. The first steps towards the foundation of the University of S. Andrews were taken in 1411, in which year the Bishop _gr£.nted_ji^^^ At that time the Schism — aggravated instead of cured by the election of a third Pope at Pisa— had rendered the position of the Scotch adherents of Peter de Luna more than usually unxojnfo£ta^J£Jii__QxfQrd and even in the generally more congenial Universities of the Con tinent. The Founder of the first Scotch University was Henry Ward law. Bishop of S. Andrews, the legate and foremost champion of the Anti-pope of Petiiscola, then deserted by all his former adherents except Scotland and Spain. The Bull of Benedict XIII was not actually granted till 34132, when it was promulgated with great 1 E. g. the thirteenth-century astical jurisdiction (as seems to be Statutes of Aberdeen Cathedral re- assumed by Kaufmann, Gesch. d. quire that the Chancellor ' prouidebit deutsch. Univ. I. p. no). The Master de ydoneo niagistro qui habeat regi- was invested ' per donationem birreti men scolarum de Aberden qui sciat mei ' ^the Chancellor's) — a fragment- pueros tarn in grammatica quam in ary kind of graduation. Mr. J. M. logica erudire.' (Registrum Episco- Anderson (p. 4) gives some in- patus Aberdonensis, Maitland Club, stances of education at S. Andrews, 1845, II. p. 45). In the Council and adds, 'The Exchequer Rolls also Register of Aberdeen (Spalding Club, testify that during the fourteenth 1844, p. 5, an. 1418). is the state- century the sons of the Scotch ment that ' ad dignitatem canceliarie nobility were frequently boarded in predicte collacio beneficii Magistri St. Andrews for their education.' Scolarum burgi de Abirdene pleno 2 Documents, p. 171. In this Bull jure noscitur pertinere ' (cf. ib. p. 37), ' Studium Generale ' and ' Universitas but the Master was presented by studii ' are treated as synonymous. the Provost and Town Council — an Wardlaw's deed of foundation is interesting indication that Town recited in Benedict's confirmation. Schools were not free from ecclesi- Ib. p. 173. UNIVERSITIES OF SCOTLAND. CHAP. XI, pomp in the Cathedral Church1. The Bishop was made %*• Chancellor ; the Bishop of Brechin and the Archdeacons of Glasgow and S. Andrews were named Conservators Apo stolic ; and the Rector, by a very unusual provision of the Papal Bull, is required to be a graduate and in holy orders 2. Though the Bull is stated to have been granted on the petition of the King as well as of the Bishop and Chapter, no Royal Charter was issued before the Con- , firmation of the University's privileges by James I of / Scotland in 1432 3. This is accounted for by the fact that ) at the time of the foundation the Scotch King was a prisoner in English hands. Most of the earlier privileges — the Rector's jurisdiction in the causes 4 of scholars, his power of correction for offences in connexion with the Assize of bread and beer, and various fiscal immunities — were con- \ ferred by the Bishop in virtue of his temporal jurisdiction over his Episcopal City. Constitu- The University consisted of both Masters and scholars, but the real power was lodged with the Professorial body ; in this respect the constitution of the University exactly resembles the later ronHifinn nf snrh \ ind^AngerSi The Masters and students- -divided into the ) Four Nations of Fife, Lothian, Angus, and Britain, each \ with its Proctor 5 — elected theJLficJpr ; but by a custom having practically the force of Law, their choice at length came to be limited to the Principals and Divinity Pro fessors6. It is curious that recent nineteenth-century 1 Boethius, Scotonim Hist., Pa- agreement of 1444 between the citi- risiis, 1575, f. 342 ; Martene, See of zens and the University recognizes S. Andrews, S.Andrews, 1797, p. 232. a right of appeal to the Bishop from 2 Documents, pp. 171, 172, 174. all Rectorial sentences. Ib. p. 177. The principal Papal privilege was of 5 The Proctors are mentioned in course the usual dispensation from Ada Fac. Art. f. 10 b. The Ada residence, granted at the time of Redorum show that the 'Proctors the foundation. Ib. p. 172. presided over the election of the 3 Ib. p. 1 8. It appears, however, Intrants, by whom the Rector was from Benedict's Bull that the con- elected. sent of the Scotch Parliament had 6 In 1625 the Senatus Academicus been obtained. 'jusserunt ne quisquam eligeretur ' Dummodo ad atrocem injuriam rector, praeter primarios collegiorum non sit processum' (Ib. p. 173). An magistros ' (Documents, p. 203). The 6-. ANDREWS. 299 legislation should have restored to the students the old CHAP. XI, medieval liberty of choice, which they now usually exercise „ in favour of some eminent party politician or man of letters. The Recto n and Professors formed the Sc-natus Academicus, with whornajl real academical power was lodgecL The means by which the Masters succeeded in Suppres- reducing the student-vote in the University to a mere stndent- fiction would seem to have been the doctrine that the rights. consent of the Regent Masters of Arts was required for any vote involving the expenditure of money1. The University, as distinct from the Faculties, had no common purse, and the Faculties were composed exclusively of Masters, who of course elected their own Deans 2. And the Faculties — that is to say, for all practical purposes, the Faculty of Arts — succeeded in reducing the Univer sity to a mere name except for the celebration of the Rectorial elections, and even these ultimately, as we have seen, passed into a mere formality 3. By the fifteenth century it had come to be generally recognized that a new University could not succeed with out endowments. At S. Andrews these endowments were provided by the establishment of Colleges, very much of the type characteristic of the German Universities. Irr^ the first place the Faculty of Arts practically resolved itself into a College by setting up a Psedagogy for thexThe reception of students, exactly on the model of the Pseda- ' public ' Professors were made eli- vocem in deliberacionibus universi- gible in 1642, Ib. The late Principal tatis, universitas non potest dispo- Tulloch, when a student at S. An- nere nee ordinare de pecuniis ali- drews, led a student-protest against cuius facultatis et sibi propriis sine the custom by which the Rectorship consensu et voluntate magistrorum was ' filled by certain professors in regentium in facilitate ' (MS. Ada rotation, without any reference to Fac. Artium, f. 4 a). the wishes of the students.' (Mrs. '2 Deans of Theology and Arts are Oliphant, Memoir of the Life of John mentioned, and Mr. Anderson in- Tulloch, D.D., srd ed., Edinburgh, forms me that he has seen a refer- 1889, p. io~). ence to a Dean of Canon Law. 1 In 1418 'conclusit facultas quod 3 A resolution of the Faculty prac- stante dispositioneuniversitatis quod tically making itself independent of tarn graduati quam non graduati, the University occurs in the Ada tarn magistri quam scolares habeant of 1420 (f. 6 a). 3CO UNIVERSITIES OF SCOTLAND. CHAP. XI, gogies of Leipsic or Rostock. For this house the Founder J?Jj_ himself provided the site and gave an endowment for building the College and Chapel, but none for the support of the Masters or scholars l. A few small benefactions were added later in the shape of Chaplaincies to be held by Masters of the Faculty. Residence in the Paedagogy or a regular Hall was from the first compulsory 2, except in the case of poor students or those living with their parents or their parents' friends in the town. The first S. Salva- endowed College was the College of S. Salvator, founded Iege,i45o. by James Kennedy, Bishop of the See, in 1450, and con firmed by Pius II in 1458. It consisted of a Doctor of Divinity as Provost a Licentiate and a Bachelor of Divinity to provide for the University teaching in that Faculty, with four Regent Masters of Arts and four simple students3. The addition of a few undergraduate members slightly differentiates this foundation from most of the German Colleges ; but, as they had no share in the government of the College, the difference is not important. The Scotch Colleges resemble the German in being primarily endow- / merits for University teachers, not endowments for students like the Colleges of Oxford and Paris. 1 See 'the Donatio Fundi seu f. i 6). Thus Masters were forbidden Terrae Paedagogii per Henricum to teach unless they also kept a Episcopum, Decano et Facultati Ar- Hall : ' quod nulle scole regerentur tium ' (Documents, p. 351 s^.), which in facilitate artium nisi per modum is given ' ut videlicet regentes et aule uel pedagogii nocte et die magislri in dicta artium facultate sub regimine et custodia magistro- scolas artium et, si opus fuerit, rum nee admitterentur venientes ab grammaticales inibi valeant tenere, extra nisi pauperes et illi de villa in regere, et gubernare.' The Collegium fauorem burgensium' (I.e. f. 2 a). In S. lohannis Evangelistae mentioned f . 2 b lodging with ' amici ' by the in the Ada appears to be identical parents' leave seems recognized, with the Paedagogy, which was Masters continued to be nominally situated 'prope capellam beati lo- bound to lecture as Regents for two hannis ex parte occidental! ' (Ada years, unless dispensed (I.e. f. 26), Fac. Art. f. 10 a}. but the dispensation was probably 2 ' Quod omnes studentes in arti- granted as a matter of course ; and bus viverent collegialiter et quod non the non-regents still retained some audirent sub aliquo magistro vel rights, being appointed Assessors to aliquibus magistris nisi tenentibus the Dean. domicilium' (MS. Ada Fac. Artium, 3 Documents, pp. 269-273. 6". ANDREWS. 301 The existence of the general Paedagogy of the Faculty CHAP XI, did not at first prejudice the right of other Masters to open .§MT' Halls or Pedagogies of their own, and to teach pupils who Abolition chose to enter them. But in 1429 we find the Masters resolving that, in consequence of the ( discords and scandals ' which arose from this freedom, there should in future be only one Paedagogy or College 1. Since teaching outside the Paedagogies was not allowed, and only a limited number of Masters could find places on the staff of the College, the - ultimate effect of this measure was to revolutionize the educational system of the University. Instead of a shifting body of graduates teaching in virtue of their oath of resi dence or the inherent right given them by their degrees, the teaching Masters passed into a permanent co-optative Professoriate, though it is only at a comparatively recent Growth of period, in this and other Scotch Universities, that the teachers of the Faculty of Arts have become specialized teachers of particular subjects, and still more recently that they have abandoned the ancient medieval title of Regent for the more imposing but (in its present sense) more modern style of Professors. The Psedagogium was afterwards supplanted by S. S. Mary's Mary's or New College, founded in 1537 by James Beaton, Archbishop of the now Metropolitan See 2, the older institution having by that time become almost extinct3. 1 MS. Ada Fac. Artium, f. lob. 2 Grant, I. p. 14. In the next year 'deputati' were * If Grant is right in saying that appointed to choose ' viros honestos S. Mary's College occupies the site quorum labore pedagogium guber- of the Paedagogium, it would seem naretur et scolares ab excessibus et that the Paedagogium had practically vagis cursibus cohiberentur ' ^f. na). appropriated an endowment origin- In spite of these resolutions, how- ally left to the University itself. ever, other Paedagogies were allowed See the 'Carta donationis Tenementi to continue, though migration from et Annui redditus Roberti de Monte one to another was suppressed in Rosarum Collegio Theologorum et 1432 (ff. 12 b, 13 V}. The single Arlistarum, ubi mine est Collegium Psedagogy was restored for a time Theologicum, seu Marianum' of 1418 in 1453 (f. 39 a), but again we find the (Documents, p. 350). This docu- old liberty till 1460. when a single ment erects ' quoddam Collegium Paedagogy was once more resolved Theologorum et Artistarum,' and on (f. 48 a). appoints a Master or Rector, assign- 302 UNIVERSITIES OF SCOTLAND. CHAP. XI, It should be observed that the Colleges of S. Andrews >1 received by Papal grant the their own candidates anomalous for degrees 1. privilege of The Uni- ing ' ejusdem institutionem et desti- tutionem ad theologicam facultatem ; qua deficiente vel non existente, ad facultatem artium ; quibus faculta- tibus ibidem desinentibus vel non existentibus ad collationem civitatis antedictae. ' But no mention is made of any other members of this ' Col lege ' except a Chaplain to say mass, whom the Master is to keep out of the endowments. The bequest seems really to have been a bequest to the University ; its peculiar form being dictated by the desire to provide for the continuance of the Masses in what seemed the very probable event ' si . . . has facultates theologiae et artium magistrum (lege magistro- rum) contingat deficere, sive ad alium locum vel civitatem se trans- ferri' [sic]. In the year 1484 a certain David Lyndsay de Byris leaves a rent charge of 405. 'facul- tati artium sive pedagogio ' (Docu ments, p. 351), an expression which illustrates the complete identity of the Faculty of the Arts and the un endowed ' College ' annexed to it. In 1494 Alexander Inglis, Arch deacon of S. Andrews, founded a Chaplaincy in the Cathedral for one of the Masters (ib. pp. 352, 353). Other Chaplaincies were founded in 1501, and in 1512 the Parish Church of S. Michael's was impropriated for the College (ib. pp. 354-356). 1 A Bull of 1468 granted to the Provost and Canons of S. Salvator's ' quod in loco Collegii qui ad hoc liber sit de cetero lectiones et audi- tiones pro forma ad gradus in Thco- logia et in Artibus requisite fieri, et volentes promoveri ad Licentiae sive Magisterii gradus, tarn in Theo- logia quam in Artibus hujusmodi, juxta consuetudinem Universitatis Studii Sancti Andreae, temptari, ex- aminari, et per praepositum Col legii ejusdem, cum electis per eum quoad hoc obligatis Magistris ex- aminatoribus ad secretum et fidele judicium, ad gradum Licentiae et Magisterii, digni videlicet recipi, et indigni repelli possint, secundum examinantium conscientias, nee pro- moti sive promovendi pro tempore alibi quam in eodem collegio Bursas solvere consuetas compellantur (con- suetudinibus ejusdem Universitatis facultatis artium, etiam juramento vallatis, non obstantibus) . . . absque tamen Cancellarii et aliorum quorum interest praejudicio ' (Documents, pp. 273, 274). This grant seems to con fer on the College the exclusive right to examine and take fees from Graduands, but not the right to actually confer degrees without the intervention of the Chancellor. The question is more doubtful with re spect to the Bull of Paul III in 1537, which conferred upon the ' Regents and Superiors ' of S. Mary's College the right • juxta dictae Universitatis consuetudines seu alias promovendi, et ipsorum graduum solita insignia et [sic exhibendi ' (ib. p. 358). Grant (I. pp. 12, 16) assumes that in both cases the College actually conferred the degrees. This was certainly the case with the Post-Reformation Marischal College of Aberdeen (1593), which was and continued to be till the present century, a wholly distinct University ('the University of New Aberdeen ') with Chancellor and Rector of its own. By this time the distinction between a University and a College, hitherto retained even when the two were prac tically coextensive, was becoming confused. 6-. ANDREWS. 303 versity was thus for practical purposes broken up into CHAP. XI, Colleges far more completely than the Universities of - »*'. Oxford and Cambridge. In 1579 James VI of Scotland, at the suggestion of the learned Buchanan, appropriated S. Mary's College to the Theological Faculty1. The other two Colleges — S. Salvator's and S. Leonard's (united in 1 747)2 — which were annexed to the Faculty of Arts, continued to lodge and board their foundation-members till 1820, though residence in them ceased to be compulsory in 1747. The mere accident that the accommodation was insufficient to house the non-foundationers is probably the main cause of the decline of the ' Collegiate system ' in this and other Scotch Universities. By 1747 the buildings had become so bad that the foundationers petitioned to be released from residence, while in 1820 the menage of the common-table, which possibly continued the old medieval scholar's mode of life more completely than any other institution still surviving in Europe, proved too austere even for that austerest of modern scholars, the poor Scotch student. Henceforth the rights of the Bursars were commuted for a money payment : the Colleges continued to exist merely as endowments for Professors and ' Bursars,' i.e. non-resident foundation-scholars 3. 1 Documents, p. 183. lege declares that ' it hath been 2 Documents, p. 278. S. Leonard's found by experience that the late was founded in 1512. Ib. p. 274. practice of students lodging and eat- 3 See the interesting pamphlets, ing in private houses in different A brief Inquiry into the rights and parts of the town is attended with privileges of the Foundation Bursars many inconveniences ' (Report of of the United College of S. Salvator's Commissioners, 1837, vol. IV. p. 175). and S. Leonard's (Dundee, 1842^, Voluntary residence died out at and A true account of the Regulation about the same time as at S. An- and Management of the Foundation drews, i.e. circa 1820. C. Innes, Bursaries of the United College, St. Sketches of Early Scotch Hist. p. 307. Andrews [by Ch. Rogers], Dundee, At Glasgow, the common tables were 1843. At Aberdeen an attempt to given up in 1688 (Documents, pp. 540, enforce residence on all students of 549), but there were still a few King's College was made as late as students in College in Reid's time. 1753, when a resolution of the Col- Ib. p. 152. 304 UNIVERSITIES OF SCOTLAND. CHAP- XI> § 2. GLASGOW (1450). Report of Commissioners for visiting the Universities of Scotland, 1831, and Evidence, 1837, vol. II, with App. of Documents, p. 255 sq. There is an interest ing Chapter on Glasgow by COSMO INNES. in Sketches of Early Scotch History , Edinburgh, 1861, p. 22057. Munimenta Universitatis Glasguensis (Maitland Club), ed. C. Innes, Glasgow, 1854 — a complete and splendid collection of documents down to 1750. Memorials of the Old College of Glasgow , Glasgow, 1871 : re-edited as University of Glasgow, Old and New, Glasgow, 1891. BLACKBURN, Short Sketch of the Constitutional History of the University of Glasgozv, London, 1858. There are a few short notices of the old Scotch Uni versities in MACKINTOSH, Hist, of Civilization in Scotland, London, 1878. Founda- The University of Glasgow was founded in 1450 by tion,i45o. William Turnbull, Bishop of the See, under a Bull of Nicolas V, which conferred the privileges of Bologna1. Its de facto existence appears to date from about 14.53. The A building of some kind seems to have been from the > : agogy- fjrst rented for Schools and perhaps students' chambers 2, \ and about the year 1460 a regular Paedagogium was built on ground given by the first Lord Hamilton 3. Here the old Collegiate building of the University was never super seded by the foundation of later and more independent 1 Munimenta,l.^.^sq. The Royal still pointed out in Rotten Row as Letters Patent (ib, p. 6), and the the 'Auld Pedagogy, 'but from Muni- Bishop's Charter of Privilege (ib. tnenta, p. 182, it would appear that p. 7) were issued in 1453. Hector the Schools of the Faculty were ' in "B>oece.(ScotorumHist., Parisiis, 1575, Vico,' which is more likely to mean f. 378), dates the foundation in the High Street (the site of the later 1454. The Statutes give 1451 as the Pedagogy). The tradition about the date of the foundation. We may ' Auld Pedagogy' may have grown assume that the University had a out of the fact that the Chantry of formal existence in this year, but did S. Michael's in the Cathedral, which not really begin work till some years belonged to the University, was later. Here also the juridical endowed with a house in Rotten privileges — very much the same Row. See Munimenta, pp. 49, 58, as at S. Andrews — were con- 76,189. Innes translates 'in Vico ' ferred by the Bishop on his own in the town \ It is clear from Mun. II. authority. p. 204 that the Faculty was not 2 Innes, Sketches, p. 245 ; Muni- located in Rotten Row when the menta, Pref. p. xxxvi. II. p. 191 ; new Paedagogy was built. Report (1831), p. 215. A house is 3 Munimenta, I. p 9. GLASGOW. 305 Colleges, and the seventeenth-century Paedagogy, built on CHAP, xi, the old site, continued to be the local habitation of the Jti. University down to the erection of its present splendid abode in 1869, though the old College-life had long disappeared l. ' Qollege' and 'University ' here became almost indistinguishable terms.^ The want" or adequate endowmerrt»--waTloTig~latal to the progress of the Uni versity. The Faculty of Canon Law is the only one of the superior Faculties which seems to have been represented even by a single Doctor2. In the Faculty of Arts the annual matriculations were usually under twenty3 : and in 1572 even the Paedagogy is described as a ruin and its studies as ' extinct.' In that year the University was endowed by the City Corporation with the property of the suppressed Convents of the Mendicants 4 ; soon after which Nova it took a new and more vigorous lease of life as a Protestant University under the Nova Erectio of James VI 5. I The Constitution of the University was very much on the Constitu- lines of S. Andrews. There were — theoretically at least — the tlon' Faculties with their Deans (though only the Dean of the Faculty of Arts ever puts in an actual appearance), the Four Nations — Clydesdale, Teviotdale, Albany, and Rothesay — with their Proctors elected by the whole body of Masters and students, the Rector elected by the four * Intrants' of the Nations, and the Bishop-Chancellor for the conferment of the Licence 6. The earliest extant Statutes 1 It would at first appear to have 6 Munimenta, II. p. 43, &c. After had no endowments for students, the Reformation, Thevidalia was though various benefactions were changed to Laudonia ; Clidisdalia left for the support of the Regents and Albania have become Glottia and and College generally. The first Transforthia ; Rothesay was at one Bursaries were founded in 1563. time called Siluria. Munimenta, Munimenta, I. p. 66. Pref. p. xiii. The system of electing 2 Munimenta, II. p. 19. by Intrants in the Parisian fashion 3 Munimenta, II. p. 67. was restored in 1727; but it was 4 Munimenta, I. pp. 71, 82. ordered that the Proctor should 5 Munimenta, I. p. 103. Gavin Dun- first hold a meeting of the Nation bar, Abp. of Glasgow, contemplated to decide the Intrant's vote — an the foundation of a College at Glas- interesting illustration of the ten- gow in 1527 (pp. xii, 49), but nothing dency of indirect election to pass seems to have come of his design. into direct. VOL. II. X 306 UNIVERSITIES OF SCOTLAND. CHAP. XI, — those of 1482 — make it plain that the University was — M— intended by its Founder to be one of the Bologna pattern — a student University 1 ; a desire no doubt inspired by the ambition that his University should become a great School of Law. But, as we have seen, the only Faculty which had any serious existence was that of Arts ; and the extreme youth of its pupils as well as the whole habits of the country into which it was attempted to introduce the exotic University-system were fatal to the success of such a scheme. The University Statutes 2 contemplate General Congregations of the whole body of Masters and students summoned by the Rector, but in the general Congregations of the Faculty of Arts it is evident that only Masters were present 3. Practically the whole administration of the Uni versity was vested in the Principal and Regents : and as the students were required, in the absence of special dispensation, to live in the Psedagogy under the discipline of the Regents4, it is obvious that the student autonomy was reduced to a mere shadow. Only on occasions of the Rectorial elec tions was the organization of Nations and student Proctors called into actual existence — for which purpose it has lasted down to the present day. The Statutes of the Faculty of Arts by their frequent appeals to the customs of the University of Cologne, betray the model upon which the University of Glasgow was really built5: though here the Regents succeeded in reducing the students to a state of schoolboy subjection which was hardly accomplished in Germany. 1 In 1532 a Congregation of the Faculty of Arts presided ovjer by the Rector of the students' choice (though himself a Master) enacted that any student who was caught 1 Munimenta, II. p. 3 sq. collegii tot quot commode et honeste 2 Munimenta, II. pp. 6, 7. locari poterunt ' {Munimenta, II. 3 Munimenta. II. p. 17 sq, p. 17). * ' Quod quilibet studens in facul- 5 There is no positive evidence tate artium potens stet commen- for the theory of Innes and others saliter cum regentibus in collegio.' that Louvain was in a special man- Poverty is the only ground of excuse ner the model of Glasgow. The recognized. But it is contemplated features noticed in proof of this are that they will not all be able to sleep common to many North-German in College : ' dormiant in cameris Universities besides Louvain. GLASGOW. 307 out of his bed-chamber after the bell for silence had rung CHAP. XI, or who should * rashly and temerariously ' meet the Rector, _li_ Dean, or one of the Regents in the streets without seeking to avoid their awful glance, or even play any game, ' other wise lawful,' in their presence, should be subjected to severe and public corporal chastisement 1. A century later even playing at ball— one of the few recreations tolerated by medieval disciplinarians — had become criminal 2 : while bathing — a great offence in Puritan eyes — was visited with expulsion as well as flagellation 3. It is curious that the merely accidental breakdown of the College system should have restored, in the Universities which had at one time ex hibited more of the appearance of Schools for boys than any other in the world, much of the old medieval freedom of life. The constitutional effects of this merging of the University 1 ' Quod nullus studentium dicti collegii post pulsum silentii in eodem factum tempore scrutinii per regentes exerciti notetur extra suum cubicu- lum intra locum, nisi de facultate regentium petita et habita, sub pena gravis punitionis pro primo delicto, caligis ad hoc laxatis, pro secundo acriori punitioni subjicietur, et pro tertio sequestrabitur a gremio dicti collegii, ad voluntatem regentium ' (Mummenta, II. p. 41). ' Statuimus ut nullus predictorum studentium teme- rarie et inverecunde de die aut de nocte in plateis Rectori decano aut regentibus dicti collegii palam oc- currat, aut ludat quovis etiam ludo alias licito in presentiis eorundem regentium nisi de ipsorum facultate, sed statim postquam notatus fuerit se subtrahat et fugiat quantum com mode poterit, nee alias inveniatur extra collegium in plateis vagando sine facultate preceptorum sub pena acrioris punitionis eiusdem delin- quentis caligis ad hoc laxatis publice coram reliquis studentibus in exem- plum aliorum transgredientium ' (76.) The Statute seems to insist on a boy who met a Regent in the streets X showing his respect for authority by running away or 'shirking,' as Eton boys were required to do when they met a Master in Windsor till a generation ago. The notion that this was because Windsor was out of bounds may, therefore, be a case of false analogy. The custom of ' shirking ' is very ancient, being prescribed to the clericuli when they met a Canon by the Statutes of the Church of Lyons in the twelfth century. If they could not run away, they were to pretend they were not there by holding their hands in front of their faces. Migne, T. 199, f. 1104. 2 ' Nemo ludat reticulari pila, aut sphaeristerium ullo modo ingrediatur ' (Munimenta, II. p. 48). 3 ' Quia triste et luctuosum exem- plum vidit Academia in iis qui in aquis innatarent, ideo vetat pro- hibetque ne quis in album Academiee adscriptus aquas ingrediatur aut in iis natet. Quod si quis secus faxit castigatum multis flagris Academia ejiciendum censet. Quia decet hoc pietatis seminarium nemo usquam CLTCLKTUS vivito' (Munimenta, II. p. 50). 308 UNIVERSITIES OF SCOTLAND. CHAP. XI, in the Faculty of Arts and of the Faculty of Arts in the §^- College or Paedagogy demand a moment's notice. The Confusion Rectorship has through many vicissitudes survived down to and"untge our own ^ay: but the Rector was an outsider — a neighbour- versity. Laird or a neighbouring Minister — and took no part in the ordinary administration of academical affairs 1. For practical purposes the University was governed by ' the Faculty.5 When Professors in the superior Faculties were grafted on to the nucleus supplied by the Faculty of Arts, they took their places as members of the only governing body which the University possessed, and which was still called the ' Faculty,' though eventually the name * Senatus Academicus ' superseded the older style. At first the Faculty was presided over by the Dean of the Faculty of Arts, who, in the virtual absence of the superior Faculties, was known as the ' Dean of Faculty.' The Head of the College — originally known as the Principal Regent, afterwards as the Principal — was, however, practi cally the most important person in the University after the Dean ; and gradually succeeded in pushing that official entirely into the shade and usurping the presidency of the Faculty. The functions of the Dean were henceforth limited to certain ceremonial duties in connexion with the confer ment of degrees, and the Principal came to be known as the 'Principal of the University.' Much the same constitutional changes have taken place in the other Scotch Universities. Only at S. Andrews does the existence of two Colleges remind Scotchmen that there was ever a difference between a College and a University : and even there the Principal of the senior College is the resident Head of the University — a position still further emphasized by the union of the office with that of Vice-Chancellor2. 1 At S.Andrews the Rectorship ' the Faculty' after a competitive dis- circulated among the Professors. Cf. putation. The absolute supremacy above, p. 298, n. 6. of the Professorial staff in the Scotch 2 The Principals were originally Universities has been modified by appointed by the Bishop Chancel- the appointment of a partially ex- lors, afterwards by the Crown. The ternal ' University Court ' presided Regents were long appointed by over by the Rector. ABERDEEN. 309 § 3. ABERDEEN (1494). Report of Commissioners for visiting the Universities of Scotland, 1831, and CHAP. XI, Evidence, vol. IV, 1837, with App. of Documents. Fasti Aberdonenses, ed. § 3. C. INNES, Aberdeen (Spalding Club), 1854. C. INNES, Sketches of Early Scotch History, Edinburgh, 1861, p. 254 sq. Cf. KENNEDY, Annals of Aberdeen, London, 1818, II. p. 357 sq. Aberdeen, like the two other medieval Scotch Universities, Founda- was founded by a Bishop. William Elphinston, Bishop of Aberdeen, was personally a more remarkable man than the two earlier University-founders. He is said to have studied Arts and Canon Law at Glasgow, Canon Law at Paris, and Civil Law at Orleans1. Sir Alexander Grant2 suggests that he may have been the original inspirer of the Scotch Act of 1496 which required all barons and freeholders to have their eldest sons instructed in ' Arts and Jure.' At all events it is clear that, even more certainly than the founders of S. Andrews and Glasgow, Elphinston aimed at making his University a School of Law. It was especially intended to be a means of promoting the civilization of the highland clergy, of whose extreme ignorance an appalling picture is drawn in the petition of King James IV recited in the Bull of foundation. This Bull was granted by Alexander VI in 1494 3, but not published till February, 149-? 4. The Royal Charter of the same year incorporates certain benefices, and confers a scanty endowment for the support of a Doctor of Medicine 5. The decayed Hospital of S. German's was also made over to the University6; and from the first it was part of the Founder's plan to endow the University by the erection of a College, which was actually established in 1505 with the title of the College of the Holy Virgin in Nativity — now King's College — which The King's provided teachers in all the Faculties7. The College was C 1 Fasti, p. -xisq. 5 Ib. p. n. 2 Story of Edinburgh, I. p. 27. The t; Ib. pp. 9, 17, i8sy. Act is printed in Miscellany of the 7 See Hector Boece's Life of Maitland Club, 1840, p. 5. Elphinston, ap. Aberdonensium Ef.i- 3 Fasti, p. 6. scoporum Vitce, 1552, f. xxvii sq. : * Ib. p. 7. cf. Fasti, pp. xvii, 53 sq. 310 UNIVERSITIES OF SCOTLAND. CHAP. XI, endowed with impropriations ; and the resemblance to the —+i- German Colleges is increased by the annexation to the College of a Church, of which the Masters became Pre bendaries and the * bursars ' choristers or clerks 1. The University does not appear to have entered upon actual existence till the year 1500, when the teaching of Hector Boece, whom EJphinstone had brought from the College of Montaigu at Paris and eventually made Principal of his new College, soon placed Aberdeen at the head of the Scotch Universities — a position which it retained for at least forty years. A comparison of the early history of those Universities which started with sufficient endow ments with the fate of those attempts at University- founding which were not thus supported supplies ample illustration of the absolute necessity — at ordinary times and under ordinary circumstances — of endowment or some other extraneous support for the maintenance of higher education. To this day Aberdeen is kept alive and flourishing, in spite of the competition of the great city Universities of Edinburgh and Glasgow, by the number and wealth of its bursaries. Constitu- The constitution of Aberdeen was on the same lines as that of the two earlier Scotch Universities, but the influ ence of Orleans is plainly discernible in the constitution of its governing body. At Orleans it will be remembered that power was shared between the Professors and certain representatives of the students. So at Aberdeen the power of making Statutes is entrusted to the Chancellor, Rector, and resident Doctors, ' calling unto them ' a com petent number of Licentiates and scholars, and — a quite original feature — at least two Privy Councillors of Scot land2. This state of things does not appear, however, to have lasted long : real power here, as elsewhere, passed 1 Fasti, p. 535*7. A remarkable founder' do not seem to have had provision of this Charter is that much influence on the length of ' nulle in quacumque facultate per Scotch Vacations, annum integrum fiant vacantie ' (p. 2 Fasti, p. 5. 58). The wishes of the 'pious UNIVERSITIES OF SCOTLAND. 311 to the Principal and Professors or Regents who, together CHAP. XL with the Rector, formed the Senatus Academicus 1. A word must be said as to the educational organiza- Subsequent tion of the Scotch Universities and the process by which ^e^tlo0pf" it has become so widely differentiated from that of the the Scotch English Universities. The future of the Scotch Univer- ™ven sity was largely determined for it by the fact that its teachers from the first, or almost from the first, were College teachers and University teachers at the same time. Here, according to the North-German precedent, College and University were more or less completely fused into one. At Paris and Oxford the College teaching, which gradually supplanted the University teaching, was never modelled on the lines of the old University system at all. In particular, the Oxford Tutorial system, by ultimately making every Tutor responsible for the whole education of his pupils, tended to narrow the range as well as to lower the efficiency of the College teaching, while the University teaching practically disappeared, and the University degree system, having no organic relation to the real studies of the Colleges, degenerated into a farce. The consequence was that lecturing — in anything like the sense which the word bears in ordinary usage — almost died out. Education was reduced to lessons in Logic and catechetical instruc tion on classical books. In the Scotch Universities the instruction of the Colleges always bore a direct relation to the subjects of the degree examination. In Scotland the old medieval Trivium and Quadri- Survival vium and the old medieval * Three Philosophies ' (Natural, Medieval Moral, and Metaphysical), have continued, almost down to Cum- -, . , ...... culum. the present moment, with a somewhat meagre infusion of the Renaissance Greek, to supply the outline of the Univer sity curriculum through all changes in the subject-matter 1 The Nations and Proctorships appear to have at one time existed. Documents , pp. 167, 169. 312 UNIVERSITIES OF SCOTLAND. CHAP. XL actually taught in each department. At first the subjects were divided at the beginning of the academical year, in the way usual at the German Universities, among the Regent Masters, i.e. practically the paid Regents of the Colleges1. Very early in the history of the Scotch Universities a system — of which there is no distinct trace in the history of any other University— established itself, by which one 'Regent took the entire instruction of a class, consisting of the men of a single year, through the whole of their four years' curri culum. The subjects of each year thus ' rotated ' among the Regents 2. Only very gradually, as the standard of effici ency demanded of the teacher rose and the area covered by each subject expanded, was the system of ' rotation ' abandoned in favour of the ' fixation ' of each Regent to a particular subject3. The system of 'rotation' has only quite recently disappeared from the leading ' High-schools ' of Scotland. This revolution in the Universities was not completed till after the middle of the eighteenth century4. 1 The Glasgow Statute-book re tains the oath to lecture for two years unless dispensed, but this was prac tically no doubt insisted upon only in the case of the College Regents. See Documents, p. 287. 2 The origin of this system is very obscure. The Glasgow Statute provides that the Regents shall choose their books in order of seniority, according to the German system. Documents, p. 285. But the system grew up in the Middle Ages ; the Reformers indeed wisely attempted to abolish it. See Grant, I. p. 146 sq., and the Documents, passim. 3 The first step, about the be ginning of the eighteenth century, was to assign Greek to a separate Professor. 4 This was a great Reform-era in the Scotch Universities, especially at Aberdeen. The spirit of the movement may be illustrated by the following resolutions of Marischal College :— ' That the students may have the benefit of those parts of Education which are not commonly reckoned Academical, such as dancing, writing, book-keeping, French, &c., without losing time in attending Masters at a distance from the College, the Sub-Principal and Regents shall ap point proper rooms in the College, and proper hours when these things may be taught, and shall bespeak Masters of the best characters and qualifications for instructing those who choose to attend them ' (Docu ments, p. 176). ' The Professors of Philosophy, with the concurrence of the other Masters, have unanimously agreed to employ much less time than has been usually done in the Universi ties, in the Logic and Metaphysick of the Schoolmen, which seem con trived to make men subtle disputants UNIVERSITIES OF SCOTLAND. 313 Still more recently and still more gradually has the title of CHAP. XI. Professor, formerly appropriated only to the single teachers of each of the superior Faculties, supplanted the old medieval Regent or Master l. The consequences of this retention of the old medieval The Scotch curriculum in the Scotch Universities, and the subsequent ^l os evolution of distinct chairs of Philosophy out of it, have been of the utmost importance, not only in the history of Scotch Education, but in the history of British and even of European thought. Scotland gained from it an educa tion at once stimulating and practical, however grave its deficiencies on the score of sound preparation and classical discipline : while to the seemingly accidental circumstance that the Scotch Universities provided Philosophers, not merely with chairs but with classes to teach, Europe probably owes in no small measure the development of an important and influential School of Philosophy. Between the time of Hutcheson and that of J. S. Mill a majority of the Philosophers who wrote in the English language were Professors, or at least alumm, of Scotch Universities, The reader of the preceding chapters will have remarked Disappear- how closely parallel this transformation of the old Regent- college**16 system into the modern Professorial system has been to System. a similar development in the German Universities. In both cases the germ of the evolution was contained in the original constitution of the University. The gradual dis appearance of the old College life which has taken place in both the Scotch and the German Universities is perhaps to be similarly accounted for. The characteristic feature of both systems in their medieval form was the close fusion — a profession justly of less value in breathes the spirit of Locke's Treatise the present age than it has been in on Education, and of that Scotch some preceding ones ; and to employ ' Common-sense' Philosophy whose themselves chiefly in teaching those best representative (Reid) was one parts of Philosophy which may of the Regents who voted for these qualify men for the more useful and changes. important offices of society ' (Ib. i The Answers to the Commission p. 177). of 1830 speak of the change as Every line of these resolutions made ' of late years.' UNIVERSITIES OF SCOTLAND. CHAP. XI. of the College with the University system. At Paris and Oxford the College life lasted on because it was insepar ably bound up with the only educational system which the University possessed. In Germany and Scotland the Colleges were created primarily to supply the Universities with teachers ; the common life could disappear without destroying the raison detre of the College-foundations. Another influencing circumstance has been no doubt the different attitudes of the Universities towards the marriage of the teaching body. At the revolutionary Reformation of Scotland and Germany it was assumed as a matter of course that the compulsory celibacy of Regent Masters disappeared with the celibacy of the clergy; and it is not long before we find difficulties arising about the mainten ance of discipline in the Colleges 1. In England, where the breach with the past was less violent, and where the College Fellowship was still looked upon mainly in the light of an endowment for students to which educational functions were only accidentally annexed, the abolition of celibacy appears never to have suggested itself even to Puritan reformers. And the preservation of the common life for graduate-fellows has tended to its preservation for undergraduate students. It is not only in its curriculum — in the wide range and the regular succession of subjects prescribed to its students — that the Scotch University preserves to this day the impress of the Middle Ages. Here alone perhaps in Europe were the bulk of the students in the Arts Faculty, Boy- students and Student- elections. 1 But it was a long time before the Scotch mind reconciled itself to the anomaly of women in College. Thus at Morton's visitation of S.An drews in 1574, it was ordered ' that the wyffis, bairnis, and servandis of the Principallis and utheris Maisteris in the Universitie be put apart in the cietie out of the Collegis, sua yat wemen, to a slanderus and evill ex- empill, haif not residence amangis the zoung men studentis, nor zit that the same wemen have ony adminis- tratioun and handilling of the com mon guidis of the College, to ye greit prejudice yairof, and of sic as frelic wald gif thame selffis to the study of Lettres' (Documents,^. 189). At a later date the difficulty seems to have been met by requiring the Regent on duty for the week, or Heb- domadarius, also to sleep in College. As to Marriage in German Univer sities, see above, pp. 240, 255, n. 5. UNIVERSITIES OF SCOTLAND. 315 till very recently, boys of about the same age as the Artists CHAP. XI. of medieval Paris or Oxford. The average age is still below that of most Universities. Here alone does the ancient Chancellorship — no longer held by a Bishop — survive side by side with the Rectorship. Above all, here alone do the students— students still at Glasgow and Aberdeen divided into Nations under the government of Proctors — elect the head of a University. These Scotch Rectorial elections, now used as the means of paying a triennial homage to some distinguished public man, reproduce per haps more both of the outward mechanism and of the ancient spirit of medieval student-life than any feature of the more venerable, but also in some respects far more altered, constitutions of Oxford and Cambridge. THE END OF VOL. II. PRINTED AT THE CLARENDON PRESS BY HORACE HART, PRINTER TO THE UNIVERSITY o BINDING SZCT. DEC 1 197J LA Rashdall, Hastings 177 Universities of Europe R25 the Middle ages 1895 v.2 pt.l PLEASE DO NOT REMOVE CARDS OR SLIPS FROM THIS POCKET UNIVERSITY OF TORONTO LIBRARY