Chapter VII: Introduction (3)

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

[On this Gratian comments:]

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

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

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

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

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

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

Hence also Ambrose writes concerning Luke:

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

Some we read (_o_) that we may not neglect (_a_) them; we read
that we may not be ignorant of them; we read not that we may
embrace them but that we may reject them.(_b_)

So Jerome on the Epistle to Titus:

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

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

Idem:

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

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

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

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

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

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

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

So, too, from the synod of Pope Eugene:

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

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

Likewise Augustine in his book against the Manichaeans:

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

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

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

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

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

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

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

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

Likewise Pope Clement:

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

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

Likewise Isidorus in his book of Maxims:

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

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

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

[Gratian draws the CONCLUSION.]

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

Hence Augustine in his book of Questions:

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

(d) _Theology_

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

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

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

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

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

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

(e) _Medicine_

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

(f) _Other University Text-books_

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

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

4. UNIVERSITY PRIVILEGES

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

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

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

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

(a) _Special Protection is granted by the Sovereign_

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The privilege of Philip Augustus for Paris, 1200.

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) _Exemption from Taxation_

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

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

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

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

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

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

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

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

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

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

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

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

(d) _The Privilege of suspending Lectures_ (Cessatio)

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

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

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

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

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

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

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

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

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

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

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

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

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

Masters and Doctors of the three leading universities, Paris, Bologna, and Oxford, were early recognized as qualified to teach anywhere without further examination, by virtue of the superior instruction given at those institutions. Their degrees were in strictness merely licenses to teach within the dioceses in which they were granted. The recognition of these licenses elsewhere grew up as a matter of custom, not by any express authorization. At least one other university (Padua, founded 1222) acquired the privilege in the same way. Later universities,--or the cities in which they were established,--desiring to gain equal prestige for their graduates, obtained from the Pope or from the Emperor of the Holy Roman Empire bulls conferring upon them the same privilege. Even Paris and Bologna formally received it from the Pope in 1292. "From this time the notion gradually gained ground that _the jus ubique docendi_ was of the essence of a Studium Generale, and that no school which did not possess it could obtain it without a Bull from Emperor or Pope." "It was usually but not quite invariably, conferred in express terms by the original foundation-bulls; and was apparently understood to be involved in the mere act of erection even in the rare cases where it is not expressly conceded."[49] In practice, the graduates of almost all universities where subject to further examination in one Studium or another before being admitted to teach there, although the graduates of the leading universities may have been very generally received without such test. The privilege is more important in officially marking the rank of a school as a Studium Generale, i.e. a place of higher education, in which instruction was given, by a considerable number of masters, in at least one of the Faculties of Arts, Theology, Law, and Medicine, and to which students were attracted, or at least invited, from all countries.

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

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

(f) _Privileges granted by a Municipality_

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

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

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

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

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

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

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