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 Porrée, 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 Liége. 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 Liége, 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.