(_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 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.

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