صور الصفحة
PDF
النشر الإلكتروني

tortionate price of lodgings, we have seen fit to decree that henceforth each year, after Christmas, one expert from the university on the part of the scholars, and one prudent, pious and circumspect citizen on the part of the citizens, shall be deputed to fix on the price for the students' lodgings. Moreover we will and decree that the different masters and scholars shall, through our bailiff, our judge and the officials subject to us, be defended and maintained in the quiet possession of the lodgings given to them free or of those for which they pay rent. Moreover, by the tenor of these presents, we grant to the rector and the university, or to those deputed by them, entire and total jurisdiction concerning the paying of rents for the lodgings occupied by the students, concerning the making and buying of codices, and the borrowing of money for other purposes by the scholars of our institution; also concerning the payment of assessments, together with everything that arises from, depends on and is connected with these.

e. In addition we command our officials that, when the rector requires their and our aid and assistance for carrying out his sentences against scholars who try to rebel, they shall assist our clients and servants in this matter; first, however, obtaining lawful permission to proceed against clerks from the lord bishop of Worms, or from one deputed by him for his purpose.

104. Exemption of Masters and Students from Taxation (Charter of Philip IV, 1340-41, to the University of Paris; trans. by Norton) It became customary to confer many privileges on both masters and students of the mediæval universities, such as freedom from military service, exemption from arrest and deportation for trial, the right to be tried by the university authorities instead of the civil or ecclesiastical, the right to be confined in the university jail in punishment, exemption from taxation, etc. The following grant of exemption from taxation is an example of these privileges, and is noteworthy for the large exemptions allowed.

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 it

self, 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.

105. Privileges granted the University of Vercelli

(From a document printed in Rashdall, H., The Universities of Europe in the Middle Ages, vol. II, p. 746. Oxford, 1895)

In 1228 a body of masters and students, dissatisfied with their treatment at Padua, migrated to Vercelli, another Italian city. In establishing a university there they entered into an elaborate contract with the city, which was incorporated into the city charter and was to hold for eight years, by which the city, in consideration of a university being established in Vercelli, agreed, among other things, to loan money to students at lower than the regular rates, and to see that the markets were properly supplied with food without increase in price. The following provisions in the contract throw much light on early university practices.

... Likewise the town of Vercelli shall provide salaries (for professors) which shall be deemed competent by two scholars and two townsmen, and if they disagree the Bishop shall decide the matter... and said salaries shall be for one Theologian, three Masters of Laws, two Decretalists, two teachers of Natural Philosophy, two Logicians, and two Grammarians. (These professors shall be chosen by the rectors of the university. The town will send out at its own expense) trustworthy messengers under oath, who shall in good faith, and in the interests of the university of Vercelli, seek out the chosen Masters and Teachers, and shall use their best endeavors to bind them to lecture in the city of Vercelli. (The town will preserve peace within its borders, will consider scholars and their messengers neutral in time of war, will grant them the rights of citizens, and will respect the legal jurisdiction of the rectors, except in criminal and other specially mentioned cases.)

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

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

106. Cost to a City of maintaining a University

(Matteo Villani's Chronicle, book 1, cap. 8; trans. by J. A. Symonds, in his Revival of Learning, vol. II, pp. 119-20. London, 1888)

This selection gives some estimate as to the commercial importance of a university to a city.

The importance attached by great cities to their universities as a source of strength, may be gathered from the chapter in Matteo Villani's Chronicle describing the foundation of the studio pubblico in Florence. He expressly mentions that the Signory were induced to take this step in consequence of the depopulation inflicted by the Black Death of 1348. By drawing residents to Florence from other States, they hoped to increase the number of the inhabitants, and to restore the decayed fame and splendor of the commonwealth. At the same time they thought that serious studies might put an end to the demoralization produced in all classes by the plague. With this object in view, they engaged the best teachers, and did not hesitate to devote a yearly sum of 2500 gold florins to the maintenance of their school. Bologna, which owed even more than Florence to its university, is said to have lavished as much as half its revenue, about 20,000 ducats,1 on the pay of professors and other incidental expenses. The actual cost incurred by the cities through their schools cannot, however, be accurately estimated, since it varied from year to year according to the engagements made with special teachers. At Pavia, for example, in 1400, the university supported in Canon Law several eminent doctors, in Civil Law thirteen, in Medicine five, in Philosophy three, in Astrology one, in Greek one, and in Eloquence one. Whether this staff was maintained after the lapse of another twenty years we do not know for certain.

107. Right to suspend Lectures (Cessatio)

(Bull of Pope Gregory IX for Paris, 1231; trans. by D. C. Munro) One of the most effective rights of the mediæval university was the right of cessatio, that is, to suspend lectures and go on a strike as a means of enforcing a redress of grievances against either town or church authorities. This right was frequently exercised and often for trivial offenses, usually bringing the offending party to terms rather promptly. The following Papal Bull of 1231, conferring this right on the University of Paris, is typical of rights elsewhere conferred or assumed. This continued in force at Paris until 1499, when the last attempt at a cessatio took place.

1 A ducat was worth approximately $2.30 in terms of our money and the prices of a quarter of a century ago.

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.

108. A Cessatio at Oxford (1209)

(Chron. Roger of Wendover (Rolls Series), 84, II, p. 51; trans. by Leach) This is an early example of the cessatio, and illustrates how vigorously the early universities contended with both Church and civil authorities for the right of freedom of internal government.

About the same time a clerk, who was studying the liberal arts at Oxford, by accident killed a woman, and when he found she was dead, sought safety in flight. But the bailiff of the town and others who came up and found the woman dead, began to try to find the murderer in his hostel, which he had hired with three other clerks, and not finding the criminal, took his three friends, who knew almost nothing about the murder, and threw them into prison. A few days afterwards, on the orders of the king of the English, in contempt of the liberty of the church, they were taken outside the town and hung. On this nearly 3000 clerks, masters and scholars alike, left Oxford, not a single one of the whole University remaining. Some of them went to study the liberal arts at Cambridge, some to Reading, but the town of Oxford was left empty.

109. England invites Scholars to leave Paris (Chartularium Universitatis Parisiensis, vol. 1, p. 119; trans. by Norton) In 1229 there were serious student riots at Paris, during a carnival, and several persons were wounded. The city authorities made reprisals, putting two students to death. For this a cessatio was declared, and the masters and students left the city, going to Angers, Orleans, Rheims, and other studia, at the first two of which rival universities were established. The bishop launched excommunications against the deserters in vain, and the university remained closed for two years. As a bid to obtain some of the striking masters and students, King Henry III of England issued the following urgent invitation. As the result of this many came and settled at Cambridge, virtually reviving

the institution after a period of quiescence covering fifteen years (1214-29).

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, tc 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)

110. Early Licensing of Professors to teach

(Bull of Pope Gregory IX, Chartularium Universitatis Parisiensis, vol. 1, p. 237; trans. by Compayre)

The universities being an evolution from the cathedral schools, the licensing to teach in them naturally came from the bishop, or his representative. In the cathedral schools this was the Scholasticus; in the universities this official evolved into a Chancellor, a term still used by a few of our universities instead of the modern designation of President. The Chancellor at Paris received the following charge, in 1231, in a Bull from Pope Gregory IX.

Future chancellors shall swear not to receive as professors of theology and canon law any but worthy men, able to do honor to their precepts, and they shall reject all who are unworthy, without respect either to persons or to nations. Before conferring the license, the chancellor shall allow three months to elapse, dating from the day the license was asked for, and during these three months he shall make inquiries of the professors of theology and other serious and instructed persons, in order to become acquainted with the life and manners, the knowledge, capacity, love of study, perfectibility, and other qualities needful in those who aspire to teach; and, these inquiries finished, he shall grant or refuse the license according to his conscience.

III. The Right to grant Licenses to teach

(Bull of Pope Nicholas IV, 1292; trans. by Norton)

Masters and Doctors of Paris, Bologna, and Oxford were early recognized as qualified to teach anywhere, without further exam

« السابقةمتابعة »