CHAPTER II (p. 013)

LIFE IN THE STUDENT-UNIVERSITIES

The Universitates or guilds which were formed in the Studium Generale

of Bologna were associations of foreign students. The lack of

political unity in the Italian peninsula was one of the circumstances

that led to the peculiar and characteristic constitution evolved by

the Italian universities. A famous Studium in an Italian city state

must of necessity attract a large proportion of foreign students.

These foreign students had neither civil nor political rights; they

were men "out of their own law," for whom the government under which

they lived made small and uncertain provision. Their strength lay in

their numbers, and in the effect which their presence produced upon

the prosperity and the reputation of the town. They early recognised

the necessity of union if full use was to be made of the offensive and

defensive weapons they possessed. The men who came to study law at

Bologna were not schoolboys; some of them were beneficed ecclesiastics,

others were lawyers, and most of them were possessed of adequate means

of living. The provisions of Roman Law favoured the creation of such

protective guilds; the privileges and immunities of the clergy (p. 014)

afforded an analogy for the claim of foreign students to possess laws

of their own; and the threat of the secession of a large community was

likely to render a city state amenable to argument. The growth of

guilds or communities held together by common interests and

safeguarded by solemn oaths is one of the features of European history

of the twelfth and thirteenth centuries, and the students of Bologna

took no unusual or extra-ordinary step when they formed their

Universitates.

The distinction of students into "Nations," which is still preserved

in some of the Scottish universities, is derived from this

guild-forming movement at Bologna at the end of the twelfth and the

beginning of the thirteenth century. No citizen of Bologna was

permitted to be a member of a guild, the protection of which he did

not require. The tendency at first was towards the formation of a

number of Universitates, membership of which was decided by

considerations of nationality. But the conditions which had led to the

formation of these Universitates were also likely to produce some

measure of unification, and the law-students at Bologna soon ceased to

have more than two great guilds, distinguished on geographical

principles as the Universitas Citramontanorum and the Universitas

Ultramontanorum. Each was sub-divided into nations; the cis-Alpine (p. 015)

University consisting of Lombards, Tuscans, and Romans, and the

trans-Alpine University of a varying number, including a Spanish, a

Gascon, a Provençal, a Norman, and an English nation. The three

cis-Alpine nations were, of course, much more populous at Bologna than

the dozen or more trans-Alpine nations, and they were therefore

sub-divided into sections known as Consiliariae. The students of Arts

and Medicine, who at first possessed no organisation of their own and

were under the control of the great law-guilds, succeeded in the

fourteenth century in establishing a new Universitas within the

Studium. The influence of Medicine predominated, for the Arts course

was, at Bologna, regarded as merely a preparation for the study of Law

and, especially, of Medicine; but this third Universitas gave a

definite status and definite rights to the students of Arts. In the

same century the two jurist universities came to act together so

constantly that they were, for practical purposes, united, so that, by

the beginning of the fifteenth century, the Studium Generale of

Bologna contained virtually two universities, one of Law, and the

other of Arts and Medicine, governed by freely-elected rectors. The

peculiar relations of Theology to the Studium and to the universities

is a topic which belongs to constitutional history, and not to our (p. 016)

special subject.

The universities of Bologna had to maintain a struggle with two other

organisations, the guilds of masters and the authorities of this city

state. They kept the first in subjection; they ultimately succumbed to

the second. A guild of masters, doctors, or professors had existed in

the Studium before the rise of the Universitates, and it survived with

limited, but clearly defined, powers. The words "Doctor," "Professor,"

and "Magister" or "Dominus" were at first used indifferently, and a

Master of Arts of a Scottish or a German University is still described

on his diploma as a Doctor of Philosophy. The term "Master" was little

used at Bologna, but it is convenient to employ "master" and "student"

as the general terms for teacher and taught. The masters were the

teachers of the Studium, and they protected their own interests by

forming a guild the members of which, and they alone, had the right to

teach. Graduation was originally admission into the guild of masters,

and the chief privilege attached to it was the right to teach. This

privilege ultimately became merely a theoretical right at Bologna,

where the teachers tended to become a close corporation of professors,

like the Senatus of a Scottish University.

The Guild or College of Masters who taught law in the Studium of (p. 017)

Bologna naturally resented the rise of the universities of students.

The doctors, they said, should elect the rectors, as they do at Paris.

The scholars follow no trade, they are merely the pupils of those who

do practise a profession, and they have no right to choose rulers for

themselves any more than the apprentices of the skinners. The masters

were citizens of Bologna, and it might be expected that the State

would assist them in their struggle with a body of foreign

apprentices; but the threat of migration turned the scales in favour

of the students. There were no buildings and no endowments to render a

migration difficult, and migration did from time to time take place.

The masters themselves were dependent upon fees for their livelihood;

they were, at Bologna, frequently laymen with no benefice to fall back

upon, and with wives and children to maintain. As time went on and the

teaching masters became a limited number of professors, they were

given salaries, at first by the student-universities themselves and

afterwards by the city, which feared to offend the student-universities.

They thus passed, to a large extent, under the control of the

universities; how far, we shall see as our story progresses. The city

authorities tried ineffectually to curb the universities and to

prevent migrations, but the students, with the support of the Papacy,

succeeded in maintaining the strength of their organisations, and (p. 018)

when, in the middle of the fourteenth century, secessions from Bologna

came to an end, the students had obtained the recognition and most of

the privileges they desired. In course of time the authority of the

State increased at Bologna and elsewhere, bodies of Reformatores

Studii came to be appointed by republics or tyrants in Italian

university cities, and these boards gradually absorbed the government

of the universities. The foundation of residential colleges, and the

erection of buildings by the universities themselves, deprived the

students of the possibility of reviving the long disused weapon of a

migration, and when the power of the Papacy became supreme in Bologna,

the freedom of its student-universities came to an end. This, however,

belongs to a later age. We must now attempt to obtain some picture of

the life of a medieval student at Bologna during the greatness of the

Universitates.

We will choose an Englishman who arrives at Bologna early in the

fifteenth century to study law. He finds himself at once a member of

the English nation of the Trans-montane University; he pays his fee,

takes the oath of obedience to the Rector, and his name is placed upon

the "matricula" or roll of members of the University. He does not look

about for a lodging-house, like a modern student in a Scottish

University, but joins with some companions (_socii_) probably of (p. 019)

his own nation, to take a house. If our new-comer had been a Spaniard,

he might have been fortunate enough to find a place in the great

Spanish College which had been founded in the latter half of the

fourteenth century; as it is, he and his friends settle down almost as

citizens of Bologna. The success of the universities in their attempt

to form a citizenship outside the state had long ago resulted in the

creation also of a semi-citizenship within the state. The laws of the

city of Bologna allowed the students to be regarded as citizens so

long as they were members of a University. Our young Englishman has,

of course, no share in the government of the town, but he possesses

all rights necessary for the protection of his person and property; he

can make a legal will and bring an action against a citizen. The

existence of these privileges, unusual and remarkable in a medieval

state, may excite his curiosity about the method by which they were

acquired, and he will probably be told strange and terrible tales of

the bad old times when a foreign student was as helpless as any other

foreigner in a strange town, and might be tortured by unfair and

tyrannous judges. If he is historically minded, he will learn about

the rise of the smaller guilds which are now amalgamated in his

Universitas; how, like other guilds, they were benefit societies

caring for the sick and the poor, burying the dead, and providing (p. 020)

for common religious services and common feasts. He will be told (in

language unfamiliar at Oxford) how the proctors or representatives of

the guild were sent to cheer up the sick and, if necessary, to relieve

their necessities, and to reconcile members who had quarrelled. The

corporate payment for feasts included the cost of replacing broken

windows, which (at all events among the German students at Bologna)

seem to have been associated with occasions of rejoicing. The guild

would pay for the release of one of its members who was in prison, but

it would also insist upon the payment of the debts, even of those who

had "gone down." It was essential that the credit of the guild with

the citizens of Bologna should be maintained.

Many of these purposes were still served by the "nation" to which our

Bologna freshman belonged: but the really important organisation was

that of his Universitas. One of his first duties might happen to be

connected with the election of a new Rector. The title of the office

was common in Italy and was the equivalent of the Podesta, or chief

magistrate, of an Italian town. The choice of a new Rector would

probably be limited, for the honour was costly, and the share of the

fines which the Rector received could not nearly meet his expenses. As

his jurisdiction included clerks, it was necessary, by the Canon (p. 021)

Law, that he should have the tonsure, and be, at all events

technically, a clerk. He could not belong to any religious order, his

obligations to which might conflict with his duty to the Universitas,

and the expense of the office made it desirable that he should be a

beneficed clergyman who was dispensed from residence in his benefice;

he could enter upon his duties at the age of twenty-four, and he was

not necessarily a priest or even a deacon. Our freshman played a small

part in the election. As a member of the English nation, he would help

to choose a Consiliarius, who had a vote in the election, and who

became one of the Rector's permanent Council. The dignity of the

Rector's position would be impressed upon our novice by his senior

contemporaries, who could boast that, if a Cardinal came to Bologna,

he must yield precedence to the Rector, and the lesson would be

emphasised by a great feast on the occasion of the solemn installation

and possibly by a tournament and a dance, certainly by some more

magnificent banquet than that given by a Rector of the University of

Arts and Medicine. After our student's day there grew up a strange

ceremony of tearing the robe of the new Rector and selling back the

pieces to him, and statutes had to be passed prohibiting the

acceptance of money for the fragments, although if any student

succeeded in capturing the robe without injuring it, he might (p. 022)

claim its redemption. The state and hospitality which the office

entailed led to its being made compulsory to accept the offer of it,

but this arrangement failed to maintain the ancient prestige of the

Rectorship which, after the decline of the Universitates themselves,

had outlived its usefulness.

Magnificent as was the position of the Rector of a Universitas, our

young Englishman would soon discover that his Rector was only a

constitutional sovereign. He had to observe the statutes and to

consult his Council upon important questions. He had no power to

dispense with the penalties imposed by the regulations, and for any

mismanagement of the pecuniary affairs of the Universitas he was

personally liable, when at the end of his period of office he had to

meet a Committee and to render an account of his stewardship. He could

sentence offending students to money fines, but he must have the

consent of his Council before expelling them or declaring them subject

to the ecclesiastical and social penalties of the perjured man. He

claimed to try cases brought by students against townsmen, and about

the time of our scholar's arrival, the town had admitted that he might

try students accused of criminal offences forbidden by the University

statutes, and had agreed to carry out his sentences. Too free a use of

the secular arm would naturally lead to unpopularity and trouble; (p. 023)

the spectacle of a student being handed over to the gaolers of the

Podesta or of the Bishop can never have been pleasant in the eyes of a

Universitas. Changes in the statutes of the University could not be

made by the Rector; every twenty years eight "Statutarii" were

appointed to revise the code, and alterations made at other times

required the consent of the Congregation, which consisted of all

students except citizens of Bologna and a few poor scholars who did

not subscribe to the funds of the Universitas. By the time of which we

are speaking, the two jurist-universities at Bologna met together in

one Congregation, and if a Congregation happens to be held during our

Englishman's residence at Bologna, he will find himself bound under

serious penalties to attend its session, where he will mix on equal,

terms with members of the Cismontane University, listening to, or

taking part in, the debates (conducted in Latin) and throwing his

black or white bean into the ballot box when a vote is necessary.

Although the city of Bologna never admitted the jurisdiction of a

Universitas over citizens of the town, there were some classes of

citizens whose trade or profession made them virtually its subjects.

Landlords, stationers, and masters or doctors were in a peculiar

relation to the universities, which did not fail to use their

advantage to the uttermost. If our English student and his socii (p. 024)

had any dispute about the rent of their house, there was a compulsory

system of arbitration; if he found an error in a MS. which he had

hired or purchased from a Bologna bookseller he was bound to report it

to a University Board whose duty it was to inspect MSS. offered for

sale or hire, and the bookseller would be ordered to pay a fine; he

was protected from extortionate prices by a system which allowed the

bookseller a fixed profit on a second-hand book. MSS. were freely

reproduced by the booksellers' clerks, and were neither scarce nor

unduly expensive, although elaborately illuminated MSS. were naturally

very valuable. The landlords and the booksellers were kept in proper

submission by threats of _interdictio_ or _privatio_. A citizen who

offended the University was debarred from all intercourse with

students, who were strictly forbidden to hire his house or his books;

if a townsman brought a "calumnious accusation" against a student, and

disobeyed a rectorial command to desist, he and his children, to the

third generation, and all their goods, were to lie under an interdict,

"_sine spe restitutionis_."

_Interdictio_, or discommuning, was also the great weapon which might

be employed against the masters of the Studium. The degradation of the

masters was a gradual process, and it was never complete. The

privileges given by Frederick Barbarossa to Lombard scholars in (p. 025)

the middle of the twelfth century included a right of jurisdiction

over their pupils, and a Papal Bull of the end of the century speaks

of masters and scholars meeting together in congregations. The

organisation of the Universitas ultimately confined membership of

congregation to students, and the powers of the Rector rendered the

magisterial jurisdiction merely nominal. The loss of their privileges

is attributed by Canon Rashdall to the attitude they adopted in the

early struggles between the municipality and the student-guilds. The

doctors, who were citizens of Bologna, allied themselves, he says,

"with the City against the students in the selfish effort to exclude

from the substantial privileges of the Doctorate all but their own

fellow-citizens.... It was through identifying themselves with the

City rather than with the scholars that the Doctors of Bologna sank

into their strange and undignified servitude to their own pupils."

They made a further mistake in quarrelling with the town--the earliest

migrations were migrations of professors--and when, in the middle of

the thirteenth century, a permanent _modus vivendi_ was arrived at

between the city and the universities, the rights of the doctors

received no consideration. Other citizens of Bologna were forbidden to

take an oath of obedience to the rectors, but the masters, who, in

theory, possessed rights of jurisdiction over their pupils, were, (p. 026)

in fact, compelled by the universities to take this oath. Even

those of them who received salaries from the town were not exempted. A

doctor who refused to take a vow of obedience to the representative of

his pupils had no means of collecting his lecture-fees, which remained

of some importance even after the introduction of salaries, and he was

liable to further punishment at the will of the Rector. The ultimate

penalty was _deprivatio_, and when this sentence was pronounced, not

only were the lectures of the offending doctor boycotted, but all

social intercourse with him was forbidden; students must avoid his

company in private as well as decline his ministrations in the

Studium. His restoration could only be accomplished by a vote of the

whole University solemnly assembled in Congregation.

The oath of obedience was not merely a constitutional weapon kept in

reserve for occasional serious disputes; it affected the daily life of

the Studium, and the masters were subject to numerous petty

indignities, which could not fail to impress our English student if he

was familiar with University life in his own country. He would see,

with surprise, a doctor's lecture interrupted by the arrival of a

University Bedel, as the debates of the House of Commons are interrupted

by the arrival of Black Rod, and his instructor would maintain a reverent

silence while the Rector's officer delivered some message from the (p. 027)

University, or informed the professor of some new regulation. If the

learned doctor "cut" a lecture, our student would find himself

compelled to inform the authorities of the University, and he would

hear of fines inflicted upon the doctors for absence, for lateness,

for attracting too small an audience, for omitting portions of a

subject or avoiding the elucidation of its difficulties, and for

inattention while the "precepta" or "mandata" of the Rector were being

read in the schools. He and his fellow-students might graciously grant

their master a holiday, but the permission had to be confirmed by the

Rector; if a lecture was prolonged a minute after the appointed time,

the doctor found himself addressing empty benches. The humiliation of

the master's position was increased by the fact that his pupils were

always acting as spies upon him, and they were themselves liable to

penalties for conniving at any infringement of the regulations on his

part. At Bologna, even the privilege of teaching was, to a slight

extent, shared by the doctors with their pupils. Lectures were divided

into two classes, ordinary and extra-ordinary; the ordinary lectures

were the duty of the doctors, but senior students (bachelors) were

authorised by the Rector to share with the doctors the duty of giving

extra-ordinary lectures. There were six chairs, endowed by the (p. 028)

city, which were held by students, and the occupant of one of these

was entitled to deliver ordinary lectures. Dr Rashdall finds the

explanation of this anomaly in an incident in the fourteenth century

history of Bologna, when the Tyrant of the City forbade the professors

to teach. The student-chairs were rather endowments for the Rectorship

or for poor scholars than serious rivals to the ordinary professorships,

and the extra-ordinary lectures delivered by students or bachelors may

be regarded as a kind of apprenticeship for future doctors.

There remained one department of the work of the Studium in which our

Bologna student would find his masters supreme. The sacred right of

examining still belonged to the teachers, even though the essential

purpose of the examination was changed. The doctors of Bologna had

succeeded in preserving the right to teach as a privilege of Bolognese

citizens and even of restricting it, to some extent, to certain families,

and the foreign student could not hope to become a professor of his

own studium. But the prestige of the University rendered Bolognese

students ambitious of the doctorate, and the doctorate had come to

mean more than a mere licence to teach. This licence, which had

originally been conferred by the doctors themselves, required, after

the issue of a Papal Bull in 1219, the consent of the Archdeacon (p. 029)

of Bologna, and the Papal grant of the _jus ubique docendi_ in 1292

increased at once the importance of the mastership and of the

authority of the Archdeacon, who came to be described as the

Chancellor and Head of the Studium. "Graduation," in Dr Rashdall's

words, "ceased to imply the mere admission into a private Society of

teachers, and bestowed a definite legal status in the eyes of Church

and State alike.... The Universities passed from merely local into

ecumenical organisations; the Doctorate became an order of

intellectual nobility with as distinct and definite a place in the

hierarchical system of medieval Christendom as the Priesthood or the

Knighthood." The Archdeacon of Bologna, even when he was regarded as

the Chancellor, did not wrest from the college of doctors the right to

decide who should be deemed worthy of a title which Cardinals were

pleased to possess. The licence which he required before admitting a

student to the doctorate continued to be conferred by the Bologna

doctors after due examination.

We will assume that our English student has now completed his course

of study. He has duly attended the prescribed lectures--not less than

three a week. He has gone in the early mornings, when the bell at St

Peter's Church was ringing for mass, to spend some two hours listening

to the "ordinary" lecture delivered by a doctor in his own house (p. 030)

or in a hired room; his successors a generation or two later would

find buildings erected by the University for the purpose. The rest of

his morning and an hour or two in the afternoon have also, if he is an

industrious student, been devoted to lectures, and he has not been

neglectful of private study. He has enjoyed the numerous holidays

afforded by the Feasts of the Church, and several vacations in the

course of the year, including ten days at Christmas, a fortnight at

Easter, and about six weeks in the autumn. After five years of study,

if he is a civilian, and four if he is a canonist, the Rector has

raised him to the dignity of a Bachelor by permitting him to give

"extra-ordinary" lectures--and after two more years spent in this

capacity he is ready to proceed to the doctorate. The Rector, having

been satisfied by the English representative in his Council that the

"doctorand" has performed the whole duty of the Bolognese student,

gives him permission to enter for the first or Private Examination,

and he again takes the oath of obedience to that dignitary. The doctor

under whom he has studied vouches for his competence, and presents him

first to the Archdeacon and some days afterwards to the College of

Doctors, before whom he takes a solemn oath never to seek admittance

into the Bolognese College of Doctors, or to teach, or attempt to

perform any of the functions of a doctor, at Bologna. They then (p. 031)

give him a passage for exposition and send him home. He is followed to

his house by his own doctor who hears his exposition in private, and

brings him back to the august presence of the College of Doctors and

the Archdeacon. Here he treats his thesis and is examined upon it by

two or more doctors, who are ordered by the University statutes not to

treat any victim of this rigorous and tremendous examination otherwise

than if he were their own son, and are threatened with grave penalties,

including suspension for a year. The College then votes upon his case,

each doctor saying openly and clearly, and without any qualification,

"Approbo" or "Reprobo," and if the decision is favourable he is now a

Licentiate and has to face only the expensive but not otherwise

formidable ordeal of the second or Public Examination. As a newly

appointed Scottish judge is, to this day, admitted to his office by

trying cases, so the Bologna doctor was admitted to his new dignity by

an exercise in lecturing. The idea is common to many medieval

institutions, and it survived at Bologna, even though the licentiate

had, at his private examination, renounced the right of teaching. Our

Englishman and his socii go together to the Cathedral, where he states

a thesis and defends it against the attacks of other licentiates. His

own doctor, known in Bologna (and elsewhere) as the Promoter, (p. 032)

presents him to the Chancellor, who confers upon him the _jus ubique

docendi_. He is then seated in a master's chair, and the Promotor

gives him an open book and a gold ring and (in the terminology of a

modern Scottish University) "caps" him with the biretta. He is

dismissed with a benediction and the kiss of peace, and is conducted

through the town, in triumphal procession, by his friends, to whom he

gives a feast.

The feast adds very considerably to the expenses of the doctorate, for

which fees are, of course, exacted by the authorities of the

University, the College of Doctors, and the Archdeacon. A considerable

proportion of the disciplinary regulations, made by the

student-universities, aimed at restricting the expenditure on feasting

at the inception of a new doctor and on other occasions. When our

young English Doctorand received the permission of his Rector to

proceed to his degree, he was made to promise not to exceed the proper

expenditure on fees and feasts, and he was expressly forbidden to

organise a tournament. The spending of money on extravagant costume

was also prohibited by the statutes of the University, which forbade a

student to purchase, either directly or through an agent, any costume

other than the ordinary black garment, or any outer covering other

than the black cappa or gabard. Other disciplinary restrictions at (p. 033)

Bologna dealt with quarrelling and gambling. The debates of

Congregation were not to be liable to interruption by one student

stabbing his opponent in Italian fashion, and no one was allowed to

carry arms to a meeting of Congregation; if a student had reason to

apprehend personal violence from another, the Rector could give him a

dispensation from the necessity of attendance. Gaming and borrowing

from unauthorised money-lenders were strictly forbidden; to enter a

gaming-house, or to keep one, or to watch a game of dice was strictly

forbidden. The University of Arts and Medicine granted a dispensation

for three days at Christmas, and a Rector might use his own discretion

in the matter. The penalties were fines, and for contumacy or grave

offences, suspension or expulsion.

There are indications that the conduct of the doctors in these

respects was not above suspicion; they were expressly prohibited from

keeping gaming-houses; and the appointment of four merchants of the

town, who alone were empowered to lend money to students, was a

protection not only against ordinary usurers, but also against doctors

who lent money to students in order to attract them to their lectures.

That the ignominious position of the Bologna doctors had an evil

effect upon their morals, is evident not only from this, but also from

the existence of bribery, in connection with examinations for the (p. 034)

doctorate, although corruption of this kind was not confined to the

student-universities.

The regulations of the greatest of the residential colleges of

Bologna, the College of Spain, naturally interfere much more with

individual liberty than do the statutes of the student-universities,

even though the government of the College was a democracy, based upon

the democratic constitution of the University. We shall have an

opportunity of referring to the discipline of the Spanish College when

we deal with the College system in the northern universities, and

meanwhile we pass to some illustrations of life in student-universities

elsewhere than at Bologna.

At Padua we find a "Schools-peace" like the special peace of the

highway or the market in medieval England; special penalties were

prescribed for attacks on scholars in the Schools, or going to or

returning from the Schools at the accustomed hours. The presence of

the Rector also made a slight attack count as an "atrocious injury."

The University threatened to interdict, for ten years, the ten houses

nearest to the place where a scholar was killed; if he was wounded the

period was four or six years. At Florence, where the Faculty of

Medicine was very important, there is an interesting provision for the

study of anatomy. An agreement was made with the town, by which (p. 035)

the students of Medicine were to have two corpses every year, one male

and one female. The bodies were to be those of malefactors, who

gained, to some extent, by the arrangement, for the woman's penalty

was to be changed from burning, and the man's from decapitation, to

hanging. A pathetic clause provides that the criminals are not to be

natives of Florence, but of captive race, with few friends or

relations. If the number of medical students increased, they were to

have two male bodies. At Florence, as almost everywhere, we find

regulations against gambling, but an exception was made for the

Kalends of May and the days immediately before and after, and no

penalty could be inflicted for gambling in the house of the Rector.

The records, of Florence afford an illustration of the checks upon the

rectorial power, to which we have referred in speaking of the typical

Student-University at Bologna. In 1433, a series of complaints were

brought against a certain Hieronimus who had just completed his year

of office as Rector, and a Syndicate, consisting of a Doctor of

Decrees (who was also a scholar in civil law), a scholar in Canon Law,

and a scholar in Medicine, was appointed to inquire into the conduct

of the late Rector and of his two Camerarii. The accusations were

both general and personal, and the Syndics, after deciding that (p. 036)

Hieronimus must restore eight silver _grossi_ of University money

which he had appropriated, proceeded to hear the charges brought by

individuals. A lecturer in the University complained that the Rector

had unjustly and maliciously given a sentence against him and in

favour of a Greek residing at Florence, and that he had unjustly

declared him perjured; fifty gold florins were awarded as damages for

this and some other injuries. A doctor of Arts and Medicine obtained a

judgment for two florins for expenses incurred when the Rector was in

his house. A student complained that he had been denounced as

"infamis" in all the Schools for not paying his matriculation-fee, and

that his name had been entered in the book called the "Speculum." The

Syndics ordered the record of his punishment to be erased. The most

interesting case is that of student of Civil Law, called Andreas

Romuli de Lancisca. He averred that he had sold Hieronimus six

measures of grain, to be paid for at the customary price. After four

months' delay, the Rector paid seven pounds, and when asked to

complete the payment, gave Andreas a book of medicine, "for which I

got five florins." Some days later he demanded the return of the book,

to which Andreas replied: "Date mihi residuum et libenter restituam

librum." To this request the Rector, "in superbiam elevatus," answered,

"Tu reddes librum et non solvam tibi." The quarrel continued, and (p. 037)

one morning, when Andreas was in the Schools at a lecture, Hieronimus

sent the servant of the Podesta, who seized him "ignominiose et

vituperose" in the Schools and conducted him to the town prison like a

common thief. For all these injuries Andreas craved redress and a sum

of forty florins. The damages, he thought, should be high, not merely

for his personal wrongs, but also for the insult to the scholar's

dress which he wore, and, indeed, to the whole University. He was

allowed twenty pounds in addition to the sum due for the grain. The

Syndicate of 1433 must have been an extreme case; matters were

complicated by the fact that the Rector's brother was "Executor

Ordinamentorum Justitiæ Civitatis Florentiæ," and he was therefore

suspected of playing into the hands of the city. But the knowledge

that such an investigation was possible must have restrained the

arbitrary tendencies of a Rector.

A reference to the imitation of the Bolognese constitution in Spain

must close this portion of our survey. At Lerida, in the earliest code

of statutes (about 1300), we find the doctors and master sworn to obey

the Rector, who can fine them, though he must not expel them without

the consent of the whole University. Any improper criticisms of the Rector

("verba injuriosa vel contumeliosa") by anyone, of whatsoever (p. 038)

dignity, are to be punished by suspension until satisfaction is made,

and so great is the glory of the office ("Rectoris officium tanta

[excellentia] præfulget") that an ex-Rector is not bound to take the

oath to his successor. The regulations affecting undergraduates are

more detailed than at Bologna, and indicate a stricter discipline.

After eight days' attendance at a doctor's lecture, a student must not

forsake it to go to another doctor; no scholar is to go to the School

on horseback unless for some urgent cause; scholars are not to give

anything to actors or jesters or other "truffatores" (troubadours),

nor to invite them to meals, except on the feasts of Christmas,

Easter, and Pentecost, or at the election of a Rector, or when doctors

or masters are created. Even on these occasions only food may be

given, although an ordinance of the second Rector allows doctors and

masters to give them money. No students, except boys under fourteen,

are to be allowed to play at ball in the city on St Nicholas' day or

St Katherine's day, and none are to indulge in unbecoming amusements,

or to walk about dressed up as Jews or Saracens--a rule which is also

found in the statutes of the University of Perpignan. If scholars are

found bearing arms by day in the students' quarter of the town, they

are to forfeit their arms, and if they are found at night with either

arms or musical instruments in the students' quarter, they are to (p. 039)

forfeit arms or instruments. If they are found outside their own

quarters, by night or by day, with arms or musical instruments, the

town officials will deal with laymen, and the Bishop or the Rector

with clerks. Laymen might be either students or doctors in Spain as in

Italy; at Salamanca, a lecturer's marriage was included among the

necessary causes which excused a temporary absence from his duties. In

the universities of Southern France, the marriage of resident doctors

and students was also contemplated, and the statutes of the University

of Aix contain a table of charges payable as "charivari" by a rector,

a doctor, a licentiate, a bachelor, a student, and a bedel. In each

case the amount payable for marrying a widow was double the ordinary

fee. If the bridegroom declined to pay, the "dominus promotor,"

accompanied by "dominis studentibus," was, by permission of the

Rector, to go to his house armed with frying-pans, bassoons, and

horns, and to make a great tumult, without, however, doing any injury

to his neighbours. Continued recusancy was to be punished by placing

filth outside the culprit's door on feast-days. In the University of

Dôle, there was a married Rector in 1485, but this was by a special

dispensation. There are traces of the existence of married

undergraduates at Oxford in the fifteenth century, and, in the (p. 040)

same century, marriage was permitted in the Faculty of Medicine at

Paris, but the insistence upon celibacy in the northern universities

is one of the characteristic differences between them and the

universities of Southern Europe.

Life in the Medieval University · 第 2 / 8 章