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founded upon alleged offences or debts in other countries; CHAP. I. while with respect to misdemeanours committed within the precincts of the university, it is enacted that any lawsuit shall, at the discretion of the student, be brought before the master under whom he is studying, or before the bishop of the diocese.

of Law, Arts,


tani and



At first only a school of law, Bologna successively incor- Its Schools porated the other branches of learning. In 1316, a school and Mediof arts and medicine was formed; and in the latter half of the same century a school of theology was founded by Innocent VI.' It is to be noted that these schools were really separate universities or corporations. Savigny points out that the schools of civil and canon law were practically distinct; and it has been even customary with some writers to regard them, together with the schools of arts and theology, as representing four distinct universities. Under another aspect a certain fusion of these bodies was brought about; all students being further distinguished as Citramontani citramonand Ultramontani, Italians and foreigners. Thus divided vuramonthey constituted the electoral body of the university; the The students officers being elected by the students and masters, while the the electoral professors were subject to the officers. It is a noticeable feature that at this university, the professors were, for the Professors. most part, maintained at the public expense, and were not dependent upon the contributions of the students. At the head of the officers were the two rectors, one for each body, Rectors. and representing the supreme authority. There were also two chancellors; 'counsellors,' who represented the different chancellors. nations into which the Citramontani and Ultramontani were divided; a syndic, who represented the university in its external relations to the state; a notary, a treasurer, and two Other officers. bidelli. The degree of doctor, almost as ancient as the Degree of university itself, evidently derives its origin from the mere exercise of the office of teacher, a function it was subsequently found necessary to limit to those whom the university had




1 'L'université de Bologne,' remarks M. d'Assailly in his recent brilliant sketch, s'est construite, pour ainsi dire, pièce par pièce, et on

pourrait la comparer à une sphère
dont la faculté de droit tiendrait le
milieu.' Albert le Grand: l'Ancien
Monde devant le Nouveau, 1 157.

nification of the term.

CHAP. I. recognised as fitted for the task. The doctors at Bologna, also known as magistri, domini, or judices, were further Original sig distinguished as doctores legentes and non-legentes-those appointed by the university to teach, and those not yet admitted to such a function, or who no longer exercised it: over the latter the city appears to have claimed a certain jurisdiction. The college system never attained to much importance at Bologna. There were colleges, it is true, designed like our own early foundations for the assistance of poor scholars, but we have no evidence that these ever exceeded their original design or exercised any perceptible influence over the university at large.


influence of


Such were some of the more important features which characterise the only school of learning that, at the commencement of the new era, might seem to vie with the great school at Paris. But the interest of Englishmen in the history of the university of Bologna can in no way compare with that which they must feel in the earlier annals of her illustrious rival. If we except the impulse communicated to Europe by the dissemination of one particular study, the example of Bologna would appear to have exercised but little Limits of the influence north of Angers and Orleans. She formed it is true the model on which these, and most of the other minor universities were constituted,-Toulouse, Montpellier, Grenoble, and Avignon; she gave fashion to the universities of Spain and Italy; but her example obtained no further than the Danube and the Seine'. The universities of the rest of Europe, Oxford and Cambridge in England, Prague, Vienna, Heidelberg, and Cologne in Germany,-derived their formal constitution, the traditions of their education, and their modes of instruction from Paris. The influence of this university has indeed emboldened some writers to term her the 'Sinai of instruction,'-in the Middle Ages. From the foregoing brief survey from the summits of the Appennines, we now turn therefore, to where, amid civic strife and political

1 Savigny, c. XXI sec. 63. Von Raumer, Geschichte der Pädagogik, IV 4..

2 The Sinai of the Middle Ages' was also a term applied by the Benedictines to Monte Cassino.

agitation, the leading minds of Europe radiated forth their CHAP. I. light, and the law was given from the chairs of the Dominicans.

The points of resemblance between Paris and Bologna are few; those of contrast, numerous and marked. Like Bologna, Paris finds her earliest legal recognition in independence of the civic authorities. In the year 1200 Philip Augustus passed a law, that students or professors, charged with any criminal offence, might be arrested by the provost, but should be taken for trial before an ecclesiastical tribunal'. Like Bologna, too, Paris saw its university rise out of a series of entirely spontaneous efforts. But with certain general features such as these, the resemblance ceases. While the associations of Bologna, during its earlier history, were The Univeralmost exclusively secular, those of Paris were as exclusively and Bologna theological. The teaching of the former grew up round the Pandects; that of the latter, round the Sentences. Tradition points to the school attached to the church of St Geneviève as the germ of the university. It is certain, that in the spirit of antagonism which Paris evinced towards the worldly lore of her Italian rival, and in her determination to guard her more aspiring culture from the withering influences of the civil and canon law, we must look for the causes that, at a later period, still repelled those studies from her curriculum to find refuge with the newly created provincial universities,

sities of Paris contrasted.

1 Bulæus, Hist. Univ. Paris. 11 2, 3. A decree of Innocent III. in the early part of the thirteenth century, presents the earliest known instance of the application of the term Universitas to this body. Savigny, c. 21. sec. 127.

2 Von Raumer, (rv 4) says 'Dürfte doch in Paris nur das von der Kirche ausgehende canonische, nicht aber das Civilrecht gelesen werden; erst im Jahre 1679, ward dies Verbot aufgehoben.' The real facts appear to be as follows:-(1) The Civil or Roman Law was studied, to a considerable extent at Paris, in the twelfth and the early part of the thirteenth centuries, a fact which the explicit testimony of Giraldus Cambrensis and of Rigordius places beyond doubt; (2) In the earlier half

of the thirteenth century the study
was prohibited by Honorius III. and
Innocent Iv; (3) In the latter half of
the same century we find, by the
testimony of Roger Bacon, that it was
everywhere in high favour with the
ecclesiastical authorities, (see Com-
pendium Philosophiæ, c. 4); (4) It was
not until the year 1679 that, after a
lengthened banishment it was again
admitted into the university of Paris.
Savigny finds considerable difficulty
in a statute of that university of the
year 1370, permitting students to go
through their course as canonists with-
out having studied the civil law; for
how, he asks, could they study the
former without the aid of the latter?
This difficulty however applies only to
a more advanced period in the history
of the two studies. It is worthy of


CHAP. I. and still attracted to her schools the speculation, the controversies, and the religious movements of the age. The university of Paris again was distinguished by its unity; and Savigny attributes no small portion of its widely extended influence to the intimate connexion of the different faculties, whereby the whole body became participant in a vast variety of scientific and theological discussions. Though Bologna again professed chiefly the study of law, her discipline was singularly defective; while Paris, though she gave no heed to the Pandects, asserted far more effectually the rights of authority'. The former did little more than secure for the student the advantage of able instructors, and a liberty that too often degenerated into licence; the latter forbade him to exercise any power in her assemblies, and required that he should be completely subject to the professors,-a subjection which her statutes permitted to be enforced by that corporal punishment which became a tradition in the universities modelled upon her example. Another point of contrast is that presented by the early developement and importance of the college system. Bulæus indeed inclines to the belief that the system is coeval with the university itself; we shall hereafter have occasion to note with what rapidity these institutions succeeded each other in the fourteenth century,

note that the period when the civil
law was most in favour at Rome
exactly corresponds with the time
when it was regarded with most
suspicion at Paris, and this is in
perfect accord with the general tenour
of feeling at that university during
the first four centuries of its exist-

1 M. d'Assailly has happily touched upon this contrast:-'Les deux premières universités du monde se sont proposé, dès le XIe siècle, deux types de constitution scolaire devant lesquels des lors la chrétienté médite, et qui trouvent leur réalisation complète dans l'ordre social et politique des deux peuples qui ont voulu créer l'homme à leur image, conformément à l'exemplaire des choses divines que les peuples portent en eux, eût peut-être hasardé Platon. Et voyez

vous à quelles conséquences pratiques et dernières poussent forcément des inclinations si diverses. À Bologne, la libre, la ville qui regarde par-dessus la Rome des papes vers Brutus et l'idéal antique, quelle faculté triomphe? la faculté de Droit. A Paris, la ville de l'autorité, celle qui penche du côté de César et qui en réfère de temps en temps à l'infaillibilité de souverains pontifes pour savoir comment elle doit décider, si ce n'est penser, quelle faculté domine? la faculté de Théologie.' Albert le Grand I 402.

2 Bulæus has endeavoured to prove that, on certain occasions, the students were admitted to vote; an inference which Savigny holds to be quite unwarranted by the facts. Geschichte des Römischen Rechts, c. XXI sec. 30.

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when their utility and necessity had become more fully CHAP. I. recognized.


We have quoted the observations of Savigny on the Origin of the spontaneous character of the growth of the university; it remains to trace out the chief outlines of its formal developement, and here conjecture must to some extent supply the place of well-ascertained data. It would appear to be a matter beyond doubt, that the faculty of arts, or of philosophy as it was usually then designated, was the first instituted at Paris. It is not however to this faculty that the university owes its eminence,—if indeed we are willing to admit that the university can be held to have existed at that period when the trivium and quadrivium of antiquity embraced its whole culture. Its celebrity dates from the time of Peter Lombard rather than from that of William ́ of Champeaux', and the audiences who gathered round the expounders of the Sentences must be regarded as the true commencement of the new era. These audiences, it must be noted, were not composed of the religious orders; and the teachers for the most part, in singular contrast to the intentions of the compiler of their celebrated text book, represented the speculative tendencies of the age, and it was only because all speculation was then directly concerned with dogma, or in professed conformity to it, that they found in the compilation of Peter Lombard sufficient material for their powers. As the audiences increased, the teachers also multiplied; and it is easy to understand that mere pretenders to learning would frequently be starting up whose design it was to impose upon their enthusiastic and youthful hearers. It accordingly became necessary to protect alike the learner Origin of and the qualified professor. Out of such a necessity, Conrin- Degrees. gius very plausibly conjectures, grew the licence to teach. But such a formal permission could not justly be made to depend upon the vague impressions and personal prejudices of the electors,-who were, in all probability, the existing


1 William of Champeaux opened a school of logic at Paris in the year 1109; Abelard was his pupil, and Peter Lombard was the pupil of Abe

lard, who thus appears to represent
the connecting link between the two
faculties of philosophy and theology.
2 Conringius, De Antiquit. Acad.

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