A History of the University in Europe Volume 1 - PDFCOFFEE.COM (2024)

A HISTORY OF THE UNIVERSITY IN EUROPE GENERAL EDITOR

WALTER RUEGG

A HISTORY OF THE UNIVERSITY IN EUROPE General editor and Chairman of the editorial board: Walter Riiegg (Switzerland) Editorial board Asa Briggs (United Kingdom) Aleksander Gieysztor (Poland) Notker Hammerstein (Federal Republic of Germany) Olaf Pedersen (Denmark) Hilde de Ridder-Symoens (Belgium) John Roberts (United Kingdom) Edward Shils (United States of America) Jacques Verger (France) Secretary to the editorial board Alison de Puymege (United Kingdom) This four-volume series, prepared under the guidance of an editorial board, has been directed by the Standing Conference of Rectors, Presidents, and Vice-Chancellors of the European Universities (CRE). The CRE, which is a non-governmental organization based in Geneva, has over 470 member universities in both eastern and western Europe. As coordinator of the whole publication, it delegated its assistant secretary general to ensure the administration of the project and to act as secretary to the editorial board. The university is the only European institution to have preserved its fundamental patterns and basic social role and functions over the course of the last millennium. This History shows how and why the university grew to encompass the whole of knowledge and most of the world, how it developed an intellectual tradition common to all Europeans, and how it trained academic and professional elites whose ethos transcends national boundaries. Volumes in the series I Universities in the Middle Ages Editor: Hilde de Ridder-Symoens II

Universities in Early Modern Europe (1500-1800) Editor: Hilde de Ridder-Symoens Forthcoming (1992)

in

Universities in the Nineteenth and Early Twentieth Centuries (1800-1945) In preparation

iv

Universities from 1945 to the Present In preparation

A HISTORY OF THE UNIVERSITY IN EUROPE VOLUME I UNIVERSITIES IN THE MIDDLE AGES

EDITOR

HILDE DE RIDDER-SYMOENS

The right of the University of Cambridge to print and sell all manner of books was granted by Henry VIII in 1534. The University has printed and published continuously since 1584.

CAMBRIDGE UNIVERSITY PRESS CAMBRIDGE NEW YORK PORT CHESTER MELBOURNE SYDNEY

PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE The Pitt Building, Trumpington Street, Cambridge, United Kingdom CAMBRIDGE UNIVERSITY PRESS The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York NY 10011-4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarcon 13, 28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http ://www. Cambridge. org © Cambridge University Press 1992 This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 1992 First paperback edition 2003 A catalogue record for this book is available from the British Library Library of Congress cataloguing in publication data Universities in the Middle Ages / editor, Hilde de Ridder-Symoens. p. cm. - (History of the university in Europe: v. 1) Includes bibliographical references. ISBN 0 521 36105 2 hardback 1. Universities and colleges — Europe — History. 2. Learning and scholarship — Europe — History — Medieval, 500—1500. 3. Education, Medieval — Europe. I. Ridder-Symoens, Hilde de. II. Series. LA177.U53 1991 378.4'09'02-dc20 90-33558 CIP ISBN 0 521 36105 2 hardback ISBN 0 521 54113 1 paperback

CONTENTS

List of maps Contributors and editors Reader's guide Bibliographical abbreviations used in notes

page xi xii xv xvi

FOREWORD WALTER RUEGG (General editor)

The university as a European institution xix The initiative of the Standing Conference of Rectors of the European Universities xxi The objective and conception of the present work xxii The social role of the European university xxvi Acknowledgements xxviii

PART I: THEMES AND PATTERNS CHAPTER 1: THEMES

3

WALTER RUEGG

Mythology and historiography of the beginnings The university: product and shaper of society Expectations of church, crown, and municipality Expectations of scholars and students Origins and limits of faculty organization Reformatio in melius: the alpha and omega of the university

4 9 14 20 23 30

Contents CHAPTER 2: PATTERNS

35

JACQUES VERGER

The university as studium generale The university community: independence and influence Scholastic pedagogy The diversity of medieval universities The birth of the universities Universities at the end of the Middle Ages University colleges List of European universities in the Middle Ages Select bibliography

35 37 41 45 47 55 60 62 65

PART II: STRUCTURES CHAPTER 3: RELATIONS WITH AUTHORITY

77

PAOLO NARDI

Papacy, Empire, and schools in the twelfth century The contribution of the church in the twelfth and thirteenth centuries The policy of Emperor Frederick II and the popes Relations between secular authorities and universities in the thirteenth century The growing support of secular authorities in the fourteenth century The consequences of the Great Schism From studium generale to princely institution Select bibliography CHAPTER 4: MANAGEMENT AND RESOURCES

JJ 81 86 92 96 100 102 106 108

ALEKSANDER GIEYSZTOR

General university structure Faculties Statutes Nations Colleges Internal government External government Finance University buildings Academic insignia Select bibliography

108 109 113 114 116 119 129 133 136 139 142

VI

Contents

CHAPTER 5: TEACHERS

144

JACQUES VERGER

The doctorate Teachers' careers Payment of teachers Teaching as a profession The teacher in his school Relations between colleagues Knowledge and authority: the teacher's image The place of teachers in medieval society Select bibliography

144 148 151 154 157 159 161 165 168

PART III: STUDENTS CHAPTER 6: ADMISSION

171

RAINER CHRISTOPH SCHWINGES

The accessibility of universities Matriculation Oaths and fees The frequency of matriculation Select bibliography

172 177 182 187 193

CHAPTER 7: STUDENT EDUCATION, STUDENT LIFE

195

RAINER CHRISTOPH SCHWINGES

The student: concept and typology Origins and social structure Student associations Lodgings Student life Learning Costs of living and learning Select bibliography CHAPTER 8: CAREERS OF GRADUATES

195 202 211 213 223 231 235 242 244

PETER MORAW

The interaction between university and society The beginnings in Italy and France (twelfth century until c. 1200) The beginnings in England, in the Iberian peninsula, and in 'younger' Europe The universal age (1200-1380) The universal age in 'older' Europe The universal age in 'younger' Europe vii

244 247 250 253 255 260

Contents The national and regional era in 'older' Europe (i380-1500) The national and regional era in 'younger' Europe Select bibliography CHAPTER 9: MOBILITY

264 270 277 280

HILDE DE RIDDER-SYMOENS

The medieval love of travel Nations, colleges, and fraternities From internationalism to regionalism The Holy Roman Empire The Nordic countries and eastern Europe Great Britain The Iberian peninsula Italy and France Travelling conditions Select bibliography

280 282 285 290 291 294 297 298 299 303

PART IV: LEARNING CHAPTER 10: THE FACULTY OF ARTS 1 THE TRIVIUM AND THE THREE PHILOSOPHIES

307 3O7

GORDON LEFF

The liberal arts in medieval education The early stage The impact of the translations The period of assimilation (thirteenth century) The course of studies Late medieval developments The faculty of arts and the university Select bibliography 2 THE QUADRIVIUM

307 312 316 319 325 328 333 335 337

JOHN NORTH

Sources of university learning Music Arithmetic Geometry Astronomy The transmission of texts The quadrivium in context Select bibliography

337 343 344 346 348 350 352 358

vin

Contents

CHAPTER 11: THE FACULTY OF MEDICINE

360

NANCY SIRAISI

The context of medieval university medicine Origins, distribution, and organization of the medical faculties Social and economic aspects Relations between the medical faculty and other faculties Medical curricula and the content of medical learning Select bibliography CHAPTER 12: THE FACULTIES OF LAW

360 364 369 374 377 385 388

ANTONIO GARCIA Y GARCIA

The origins and early history of law faculties General characteristics Legal source-books Literary genres in legal writing and questions of nomenclature Methods of teaching law Students and scholars Law, the church, and society Select bibliography CHAPTER 13: THE FACULTY OF THEOLOGY

388 392 393 394 398 400 404 407 409

MONIKA ASZTALOS

From biblical exegesis towards scholastic theology The mendicants and the theological faculties: symbiosis and conflict The curriculum Theology and philosophy in Paris and Oxford The end of the Parisian-Oxonian monopoly The Great Schism and the theological faculties Via antiqua and via moderna Select bibliography

409 414 417 420 433 435 438 441

EPILOGUE

442

THE RISE OF HUMANISM WALTER RUEGG

The epochal consciousness of humanism The quest for new symbols of security The humanistic movement in education The entry of humanism into the universities The impact of humanism on the beginnings of the modern university IX

442 444 448 452 456

Contents The emergence of humanism outside Italy Book-publishing as the ally of humanism Select bibliography

459 465 467

Editors' note on the indexes

469

Name index

470

Geographical and subject index

485

MAPS

1 2 3 4 5 6 7

Medieval university towns Foundations prior to 1300 Universities active in 1300 Foundations 1300-1378 Universities active in 1378 Foundations 1378-1500 Universities active in 1500

XI

page 68 69 70 71 72 73 74

CONTRIBUTORS AND EDITORS

(Sweden) was born in Stockholm in 1953. She is associate professor of Latin in the Department of classical languages at the University of Stockholm. In 1987, she spent six months as visiting professor at the Pontifical Institute of Medieval Studies in Toronto. MONIKA ASZTALOS

ASA BRIGGS (United Kingdom) was born in Yorkshire in 1921. Provost of Worcester College, Oxford, Lord Briggs is a former vice-chancellor of the University of Sussex (1967-76), president of the British Social History Society and former chairman of the European Institute of Education and Social Policy in Paris. ANTONIO GARCIA Y GARCIA (Spain) was born in Bretofia (province of Lugo) in 1928. Professor of the history of canon law at the Pontifical University of Salamanca, he is editor of the Kevista Espanola de Derecho Canonico and of the Synodicon Hispanum series, as well as a member of the Institute of Medieval Canon Law at Berkeley.

(Poland) was born in Moscow in 1916. President of the Polish Academy of Sciences and director of the Royal Castle in Warsaw, he is emeritus professor of history at the University of Warsaw. ALEKSANDER GIEYSZTOR

(Federal Republic of Germany) was born in Offenbach am Main in 1930. Professor of early modern history at the University of Frankfurt, he edited the History of the University of Frankfurt and is also a member of the editorial board of History of Universities.

NOTKER HAMMERSTEIN

GORDON LEFF (United Kingdom) was born in 1926 and educated at King's College, Cambridge. He is now professor of medieval history at the University of York. PETER MORAW

(Federal Republic of Germany) was born in Mahrisch xii

Contributors and editors Ostrau in 1935. He is professor of medieval history and of German national, economic, and social history at the University of Giessen. (Italy) was born in Siena in 1949. Professor of the history of Italian law at the University of Siena, he is also director of the review Studi senesi, published by the university.

PAOLO NARDI

(United Kingdom) was born in Cheltenham in 1934. Formerly at the University of Oxford, he is professor of the history of philosophy and the exact sciences at the University of Groningen in The Netherlands, and permanent secretary of the International Academy for the History of Science.

JOHN NORTH

OLAF PEDERSEN (Denmark) was born in 1920. He is professor of the history of science at the University of Aarhus and a visiting fellow of St Edmund's House, Cambridge. He is vice president of the International Union for the History and Philosophy of Science and president of the Historical Commission of the International Astronomical Union.

(Belgium) was born in Sint-Jans-Molenbeek (Brussels) in 1943. Professor of medieval history at the Free University of Amsterdam, she is also a research associate for the Belgian National Fund for Scientific Research at the University of Ghent. Since 1985, she has been secretary general of the International Commission for the History of Universities. HILDE DE RIDDER-SYMOENS

(United Kingdom) was born in Bath in 1928. Warden of Merton College, Oxford, where he was previously fellow and tutor in modern history, he was also vice-chancellor of the University of Southampton for a number of years. From 1967 to 1976 he was joint editor of the English Historical Review. He is presently a governor of the British Broadcasting Corporation.

JOHN ROBERTS

(Switzerland) was born in Zurich in 1918. Emeritus professor of sociology at the University of Berne, and former professor of sociology at the University of Frankfurt, he was rector of the latter from 1965 until 1970. He is the general editor of this History of the University in Europe.

WALTER RUEGG

CHRISTOPH SCHWINGES (Federal Republic of Germany) was born in 1943. He is now professor of medieval history at the University of Berne in Switzerland, after having taught at the University of Giessen. RAINER

EDWARD SHILS (United States of America) was born in Springfield, Massachusetts, in 1910. Founder and editor of Minerva, he is professor of social thought and sociology at the University of Chicago. He is also a fellow of Peterhouse, Cambridge, as well as of the London School of Economics. NANCY SIRAISI

(United States of America) was born in Yorkshire in 1932. xiii

Contributors and editors Professor of history at Hunter College of the City University of New York, she is also a member of the editorial board of History of Universities. (France) was born in Talence in the Gironde in 1943. He is maitre de conferences in medieval history at the Ecole Normale Superieure in Paris and vice-president of the International Commission for the History of Universities.

JACQUES VERGER

xiv

READER'S GUIDE

This series, although compiled by specialists, is destined for the general reader. The notes and bibliographies accompanying the different chapters have therefore been kept to a minimum. The notes are either bibliographical references to specific sources, generally the most important or recent works relating to the subject, or they have been introduced to justify quantitative data or explain any significant difference between two interpretations of a particular point. A select bibliography follows each chapter. These bibliographies are designed to stimulate further reading and are not exhaustive. The reader will find more complete bibliographical references in the works indicated. As a number of well-known works for the period are quoted in several chapters, abbreviations of the titles of these works have been used in the notes. A list of bibliographical abbreviations is included. Furthermore, the reader will find a more general bibliography and some maps at the end of chapter 2 (Patterns), as this chapter locates the presence and nature of universities during the Middle Ages. In order to avoid too many overlaps between the various chapters, the editors have made cross-references to other chapters in the text as well as in the notes, thereby informing the reader that more ample information on the subject can be found elsewhere in the volume (see also the geographical and subject index). The standard English version of proper names has been used throughout; when necessary, a form more commonly used in continental Europe is indicated by means of a cross-reference in the name index.

xv

BIBLIOGRAPHICAL ABBREVIATIONS USED IN NOTES

Cobban, Medieval Universities A. B. Cobban, The Medieval Universities: Their Development and Organization (London, 1975). CUP H. Denifle and E. Chatelain (eds.), Chartularium Universitatis Parisiensis, 4 vols. (Paris, 1889-97). Denifle, Entstehung H. Denifle, Die Entstehung der Universitaten des Mittelalters bis 1400 (Berlin, 1885; reprint, Graz, 1956). Fournier (ed.), Statuts M. Fournier (ed.), Les Statuts et privileges des universites franqaises depuis leur fondation jusqu'en 1789, 4 vols. (Paris, 1890-2). History of Oxford J. I. Catto (ed.), The History of the University ofOxford, vol. I, The Early Oxford Schools (general editor: T. H. Aston) (Oxford, 1984). d'Irsay, Histoire des universites S. d'Irsay, Histoire des universites franqaises et etrangeres des origines a nos jours, 2 vols. (Paris, 1933-5). Kaufmann, Deutsche Universitaten G. Kaufmann, Geschichte der deutschen Universitaten, 2 vols. (Stuttgart, 1888-96; reprint, Graz, 1958). Kibre, Nations P. Kibre, The Nations in the Mediaeval Universities, Mediaeval Academy of America, 49 (Cambridge, Mass., 1948). Kibre, Privileges P. Kibre, Scholarly Privileges in the Middle Ages. The Rights, Privileges and Immunities of Scholars and Universities at Bologna - Padua - Paris - Oxford, Mediaeval Academy of America, 72 (Cambridge, Mass., 1961). Rashdall, Universities H. Rashdall, The Universities of Europe in the Middle Ages, 3 vols. ed. F. M. Powicke and A. B. Emden (Oxford, 1936; reprint, London, 1942-58; reprint, Oxford, 1988).

xvi

Abbreviations Renaissance and Renewal R. B. Benson and G. Constable (eds.), Renaissance and Renewal in the Twelfth Century (Cambridge, Mass., 1982; reprint, Oxford, 1985). Schulen und Studium J. Fried (ed.), Schulen und Studium im sozialen Wandel des hohen und spaten Mittelalters (Sigmaringen, 1986). Schwinges, Universitdtsbesucher R. C. Schwinges, Deutsche Universitdtsbesucher im 14. und I J . Jahrhundert: Studien zur Sozialgeschichte des alten Reiches (Stuttgart, 1986). Universitd e societd Universitd e societd nei secoli XII—XVI. Atti del nono convegno internazionale di studio tenuto a Pistoia nei giorni 20-25 settembre 1979 (Tistoia, 1982). Universites en France J. Verger (ed.), Histoire des universites en France (Toulouse, 1986). Universities in the Late Middle Ages J. IJsewijn and J. Paquet (eds.), Universities in the Late Middle Ages, Mediaevalia Lovaniensia, series 1, studia 6 (Louvain, 1978). Universities in Politics J. W. Baldwin and R. A. Goldthwaite (eds.), Universities in Politics: Case Studies from the Late Middle Ages and Early Modern Period (Baltimore/London, 1972).

FOREWORD

WALTER RUEGG {General Editor)

THE UNIVERSITY AS A EUROPEAN INSTITUTION

The university is a European institution; indeed, it is the European institution par excellence. There are various reasons for this assertion. As a community of teachers and taught, accorded certain rights, such as administrative autonomy and the determination and realization of curricula (courses of study) and of the objectives of research as well as the award of publicly recognized degrees, it is a creation of medieval Europe, which was the Europe of papal Christianity. This is shown in the first volume of our history. It is, moreover, the only European institution which has preserved its fundamental patterns and its basic social role and functions over the course of history; it has indeed been strengthened and extended in these respects - as the four volumes will show. Of the three acknowledged powers of medieval European society - regnum, sacerdotium, and studium — the first, political power, has undergone profound changes. The second has, in the Roman Catholic Church, preserved its structure and expanded over the whole planet but it has lost the monopoly which it once possessed of providing the conditions of salvation. The same may be said for the other institutional and cultural creations of the Middle Ages, i.e. the distinctively European forms of organization of a money economy, the plastic arts, architecture, and music. No other European institution has spread over the entire world in the way in which the traditional form of the European university has done. The degrees awarded by European universities - the bachelor's degree, the licentiate, the master's degree, and the doctorate - have been adopted in the most diverse societies throughout the world. The four medieval faculties of artesvariously called philosophy, letters, arts, arts and sciences, and humanities law, medicine, and theology have survived and have been supplemented by xix

Walter Ruegg numerous disciplines, particularly the social sciences and technological studies, but they remain none the less at the heart of universities throughout the world. Even the name of the universitas, which in the Middle Ages was applied to corporate bodies of the most diverse sorts and was accordingly applied to the corporate organization of teachers and students, has in the course of centuries been given a more particular focus: the university, as a universitas litterarum, has since the eighteenth century been the intellectual institution which cultivates and transmits the entire corpus of methodically studied intellectual disciplines. Moreover, the university is a European institution because it has, in its social role, performed certain functions for all European societies. It has developed and transmitted scientific and scholarly knowledge and the methods of cultivating that knowledge which has arisen from and formed part of the common European intellectual tradition. It has at the same time formed an academic elite, the ethos of which rests on common European values and which transcends all national boundaries. The various efforts which were made after the Second World War to establish 'European' universities were largely unsuccessful because of the resistance of the existing universities, which regarded themselves as European. Indeed, they pointed out that the diversity of national traditions was a precious European heritage and that, by means of their different national components, they contributed to the European community of scholarship and scholars. It may be asked whether this account does in fact characterize the present situation. Are not the universities of Europe equally, if not more deeply, marked by the differences among the European national states which began to take form in the late Middle Ages and during the Reformation and which, particularly since the nineteenth century, changed the universities of the European continent de facto - and often de jure as well - into parts of the governmental system? Do they perform genuinely European functions when, in any particular member state of the European community, only about i per cent of the student body is made up of those who come from any of the other member states of the community and when, in many European countries, professors from other countries cannot be appointed or can be appointed only in exceptional circumstances? Can the existing European universities be said to be performing their proper social role when the rising generation of European scientists and scholars prefers to continue its studies in universities of another country where the European traditions of scientific and scholarly research and of the academic ethic are pursued with more enthusiasm, seriousness, commitment, and effectiveness than they are in Europe?

xx

Foreword THE INITIATIVE OF THE STANDING CONFERENCE OF RECTORS OF THE EUROPEAN UNIVERSITIES

The growing significance for the commonwealth of scientific and scholarly knowledge and understanding and the unprecedented expansion of higher educational institutions which has flowed from the awareness of that significance have overtaxed the European universities. Despite the difference between the centrally, governmentally administered university systems of France, Italy, and Austria, the federal systems of the German Federal Republic and Switzerland, and the legally autonomous universities of Great Britain, their problems are essentially the same: the tasks which the universities are expected to perform are so multifarious, so subject to change, often so mutually contradictory, and also so immediately pressing that the universities are under unceasing pressure to deal with them and to bring them into harmony with their own traditional aims. In response to this situation, representatives of the universities of fifteen European countries came together in Cambridge in 1955 for an exchange of experiences and ideas; in 1964 in Gottingen they formed the European Conference of Rectors.1 Today more than 470 institutions of higher education from twenty-seven European countries belong to it. Its members meet every five years; every six months representatives of each country whose universities are members of the Conference meet to discuss the problems with which the universities are confronted owing to the deep social and cultural changes occurring in their respective societies.2 In the course of these discussions a desire was often expressed for a more systematic understanding of the history of universities. The failure of the various attempts to reform the universities in the decades following the Second World War has shown that really effective solutions to the problems of the universities are unattainable without a better knowledge of their development and their long-standing traditions. But the means of acquiring this better knowledge were lacking. It is true that there are innumerable works on the history of universities. The history of universities has over the past few decades become the object of many intensive investigations and of numerous conferences.3 These have, however, been 1

2

3

H.-A. Steger (ed.), Das Europa der Universitdten, Entstebung der Stdndigen Konferenz der Rektoren und Vize-Kanzler der europdischen Universitdten 1948-1962 (Bad Godesberg, 1964). Europdische Rektorenkonferenz, HI. Generalversammlung Gottingen 1964, z vols. (Gottingen, 1964); J. Courvoisier (ed.), Acts of the 4th General Assembly Geneva 1969 (Bologna, 1971); J. Roche (ed.), Opening Address and Administrative Part of the 5th General Assembly held in Bologna September 1-6, 1974 (Bologna, 1977); CRE, CRE Vlth General Assembly (Vienna, 1975); A. Barblan (ed.), Actes de la Vile Assemblee Generale tenue a Helsinki du 12 au 17 aout 1979, 2. vols. (Geneva, 1980); A. Barblan (ed.), Actes de la VHIe Assemblee Generale, tenue a Athenes du 9 au 14 septembre 1984 (Geneva, 1986); CRE-Information, quarterly, published by CRE from 1966, from 1988 onwards under the name CRE-action. S. Stelling-Michaud, 'L'histoire des universites au Moyen-age et a la Renaissance au cours des vingt-cinq dernieres annees', in Xle Congres international des Sciences Historiques, Rapports,

xxi

Walter Ruegg about various partial aspects of the larger subject: they have dealt with one or another epoch, with particular countries, universities, and disciplines, with the legal status of universities, with the statistics of admissions and graduation, with the lives of university teachers, etc. The last comprehensive history of universities is Stephen d'Irsay's Histoire des universites franqaises et etrangeres des origines a nos jours, which, for a long time, has been the standard work and was published in Paris in 1933-5; ^ needs revision in many of its details and it does not, in any case, go beyond i860. 4 For this reason, the Conference of European Rectors decided in 1982 to organize a collaborative investigation which would deal with the social setting, the social demands, the structures, and the major problems of the European universities as they have developed and changed in the course of their history. It was desired that the work should be performed in accordance with the highest standards of scholarly research, taking fully into account the results of the most recent research, and that it would be comparative, coherent, and comprehensive. The first step taken was the formation of a group of national correspondents who would be in a position to provide reliable information about the conditions of university life in their respective countries. With the assistance of this group, three programmes were initiated and carried out. The first was a set of expositions of the most important university problems seen historically in each country,5 the second was the preparation and publication of a historical compendium of European universities,6 and the third was the calling of an international conference, to be held in 1983, at which historians of universities from various European countries could discuss the changes in the social functions of universities; this conference was also expected to discuss the practical feasibility of a comprehensive, collaborative history of European universities.7 THE OBJECTIVE AND CONCEPTION OF THE PRESENT WORK

The present work as a comparative history of European universities has only one precursor. This is Die Geschichte der Entstehung und Entwicklung der hohen Schulen unseres Erdtheils, written by the British privy councillor and professor of 'worldly wisdom' at Gottingen, Christian Meiners, and

4

5 6 7

vol. I (Stockholm, i960), 97-143; Italian translation with an up-to-date bibliography in G.Arnaldi (ed.), Le origini dell'universitd (Bologna, 1974), 153-217; J.Fletcher (ed.), The History of European Universities, Work in Progress and Publications, 1 (1974) - 5 (1981); from 1988 onwards the bibliography is published in History of Universities under the title 'Publications on University History since 1977: a Continuing Bibliography', ed. J. M. Fletcher and C. A. Upton; C. Schmitt and L. V.B. Brockliss (eds.), History of Universities, 1 (1981) onwards. S. d'Irsay, Histoire des universites franqaises et etrangeres des origines a nos jours, 2 vols. (Paris, 1933-5). 'Interrogating the Past: in Search of the University', CRE-Information, 69 (1985). L. Jilek (ed.), Historical Compendium of European Universities (Geneva, 1984). 'Town and Gown: the University in Search of its Origins', CRE-Information, 62 (1983). XX11

Foreword published in four volumes between 1802 and 1805. Its goal was to set forth, as 'a pragmatic history of universities', 'the most important epochs of their establishment, their flowering and decay', as well as the 'most notable and distinctive features of universities in the cultivated states of Europe', and to do so 'in such a way that their misconduct, deficiencies, and faults would be recognized and corrected and their merits disclosed and emulated'.8 The book is accordingly less chronological than thematic in its organization. The historical treatment of the origins focuses on 'nations' and faculties, the significance of colleges {Kollegien) and hostels (Bursen), the influence of external factors like the invention of paper, the printing of books, and the Renaissance and Reformation. Then there follows, in twelve books, the historical development of endowments, funds, privileges, academic courts, committees, offices, teachers, lecture rooms and classes, the conditions of study, and disciplinary measures. The work rests on a widely ranging but uncritical use of older monographs; thanks to the richness of its data, it was reprinted in 1973. It was only after the critical assessment of the sources towards the end of the nineteenth century that it was possible to begin to write the history of the medieval universities in a genuinely scholarly way. The co-editor of the documentary sources for the history of the University of Paris, Denifle, presented in 1885 a historical account of the origins and the constitutional development of the various universities of Europe up to 1400.9 Georg Kaufmann, a professor at the newly 'Prussianized' University of Strasburg, was charged by Althoff, the famous head of the Prussian higher education administration, to write a history of the German universities. In 1888, he showed in the first volume - which was a 'pre-history' of the German universities - the institutional development of the Italian 'city universities' (Stadtuniversitaten), that of the French and English 'chancellor universities' (Kanzleruniversitaten), and that of the 'state universities and Spanish universities' (Staatsuniversitaten und spanische Universitaten), In his concluding chapter, he attempted to depict the similarities in university development, especially with respect to academic degrees and founding charters. But he only managed to finish the first two volumes, both of which dealt with medieval universities.10 Hastings Rashdall adopted a presentation by country and by university in his standard work in three volumes entitled, The Universities of Europe in the Middle Ages, first published in 1895 and revised in 1936 by Powicke and Emden, but he also added a detailed description of student life.11 The only 8

9

10

11

C. Meiners, Geschichte der Entstehung und Entwicklung der hohen Schulen unseres Erdtheils, vol. I (Gottingen, 1802; reprint, Aalen, 1973), 3ff. H. Denifle, Die Entstehung der Universitaten des Mittelalters bis 1400 (Berlin, 1885; reprint, Graz, 1956). G. Kaufmann, Geschichte der deutschen Universitaten, vol. I, Vorgeschichte (Stuttgart, 1888; reprint, Graz, 1958). H. Rashdall, The Universities of Europe in the Middle Ages, 3 vols., ed. F. M. Powicke and A. B. Emden (Oxford, 1936; reprint, Oxford, 1988).

xxiii

Walter Ruegg comprehensive work going beyond the Middle Ages is that of d'Irsay, which is an institutional and biographical history arranged according to centuries and intellectual currents, such as the Reformation, Romanticism, or positivism. The editorial board appointed by the Conference of European Rectors in the autumn of 1983 had a more ambitious task. It was to set forth by sociological and comparative analysis the main intellectual and institutional features of the European academic world, with due attention to regional differences and historical changes.12 In view of this, a pattern of analysis and presentation had to be devised which would permit the various periods of university history to be analysed in a way which enabled one epoch to be compared with another and which would do justice to the variegated aspects and changes in the functions of the university. Accordingly, there are to be four volumes, all adhering systematically to an identical pattern. The first treats the rise and expansion of the universities in the Middle Ages, the second treats the regional, religious, and scientific and scholarly diversifications between 1500 and 1800; the third analyses the development of universities as scientific and scholarly institutions up to the Second World War; the fourth deals with the unprecedented expansion of scientific and scholarly research and teaching which has occurred since the end of the war. The boundaries between the periods are not interpreted as being more than a chronologically reasonable periodization of university history. Thus 1500 entails no decision regarding the disputed date of the end of the Middle Ages. It simply follows the periodization which has been applied in the standard works mentioned above on the history of universities. Undoubtedly, the universities of the sixteenth century, influenced by territorial-political and religious factors, are very different from those of the preceding period, which, despite their distinctive regional differences, were much influenced by the papal claim to universal legitimacy, which gave rise to a corresponding structural pattern. In a similar manner, 1800 marks, in a very general way, the beginning of two decisive though contradictory lines of development which are shared by the universities of the nineteenth century. The orientation of the centrally, governmentally organized educational system, perfected by Napoleon and aimed at immediate social utility, is one of these. The other pattern is that inspired by von Humboldt - research without practical ends and intended to serve the intellectual education of the human race. In the history of universities, the nineteenth century ends neither at 1900 nor at 1914. It is only after 1945 that the entire European higher educational scene and the individual universities present a quite different picture. In every scheme of periodization, the boundaries are always imprecise. That is also 12

A. Barblan in 'Town and Gown' (note 7), 4H. Concerning the concept of the project, see A. Barblan, A. de Puymege, and W. Riiegg, 'The History of the European University in Society: a Joint University Research Project', History of European Ideas, 8:2 (1987), 127-38. XXIV

Foreword the case here, and this will be made clear in the opening and concluding chapters of each volume as well as in all the others. Each volume will consist of four major sections over which the fourteen or fifteen chapters will be distributed. Each will aim to provide the desired comparative analyses of the social functions of the European university as a whole. There will be no single portrayal of any particular university, but, through the use of the index, it will be possible to obtain from the various chapters a detailed idea of the significance of any particular university in the European situation as a whole. The first part presents a thematic introduction and a comprehensive picture of the distribution and development of the universities in the period under consideration. Part II describes in three chapters the structures of the university, first, in relation to public authority, then in its internal organization, its financing, its buildings and equipment, its administrative and governing bodies and their ways of making decisions, and its academic staffand, in the second, third, and fourth volumes, there will be a fourth chapter on the expansion of the European model of higher education to other continents. Part III deals in four chapters with one main task of the university, namely, the training of the students in scientific and scholarly knowledge, the social, economic, and intellectual preconditions of study at universities, the courses of study and the daily life of students generally, examinations, and careers. Part IV is devoted to the other main task of the university, namely, the validation, renewal, and expansion of human knowledge by the use of critical method. These four chapters are different in each volume corresponding to the prevailing kinds of science and scholarship in each epoch. In the first volume, attention is centred on the intellectual activities of the four faculties. In the second volume, the interplay between tradition and innovation within and outside the universities and the elaboration of the academic disciplines, the creation of systems in the humanistic subjects, and the significance of the universities in the 'scientific revolution' are highlighted. The third and fourth volumes deal with the modern specialized disciplines - from theology through philosophy, legal studies, and the natural and social sciences, to the medical and technological faculties, departments, and universities. Such a work cannot be written by one person; this is self-evident. It was accordingly necessary to find, for each of fourteen or fifteen chapters, in the countries which shared the European tradition, an expert who could cover in a scholarly manner the subject-matter of that chapter. The larger the circle of collaborators, the greater the danger, in a work organized by themes, that the outcome would be a collection of unconnected essays, the sole unity of which would be constituted by their being bound together in a single volume. The editorial board, to avoid this, chose a rather complicated procedure. It began by working out, for each volume and for each chapter, an extensive set of substantive and methodical guidelines for the topics to be dealt with, and xxv

Walter Ruegg invited persons who expressed their readiness to collaborate on those terms to a first series of discussions. In these discussions, the prospective authors agreed on the division of labour, sometimes extending, sometimes contracting the subject-matter proposed for the chapters which they were being asked to write. In the course of these discussions, the consensus and mutual understanding necessary for such collaborative work were formed. At a second series of discussions the drafts of the various chapters were scrutinized and discussed in detail; national correspondents from the countries about which the editors and authors were insufficiently informed were invited to participate. The second drafts which followed these discussions were then worked over in detail by the editors in one or more meetings and, to the extent that this was possible by editorial procedures, the various chapters were coordinated with each other into a unified pattern. Despite these efforts, the editors and the authors have not succeeded completely in eliminating either the - meaningful - inevitable stylistic and conceptual differences among individuals or the - less valuable - overlappings and disproportions in the treatments of particular topics. Overlaps could not be eliminated when a given phenomenon was important for several themes. The disproportionate attention paid to some regions or topics in relation to others is, in large part, a result of differences in the state of knowledge and the progress of research on those subjects. It has been a fundamental principle of our work that we have attempted to place the knowledge made available by the present state of research in the new perspective of a comparative synthesis. In this sense, each of the individual chapters represents a genuine achievement of research, even though they are not all equally the products of comprehensive investigations of archival sources. THE SOCIAL ROLE OF THE EUROPEAN UNIVERSITY

By social function or role is implied the totality of the actions performed in response to the expectations of conduct which others direct toward the incumbent of the particular role. These expectations are based on values towards which conduct is oriented, and the values are translated into norms which guide the socially expected conduct. Expectations, values, and norms are delineated by the explicit and implicit interests of the various social actors and they are often mutually contradictory. Conflicts are inherent in social roles, and not least in those of universities. Their fundamental values and the norms which are binding on their members are not homogeneous. The values of the universal validity of the criteria, methods, and results of scientific and scholarly research cannot always be adhered to in consequence of the limitations on and diversity of the cognitive powers of individual human beings. The equality of opportunity for admission to and continuance of studies at universities is in conflict with the xxvi

Foreword inequality in the distribution of social and economic resources and of alternative uses for these resources. The precedence given to leisure and contemplation, which are necessary for scientific and scholarly research, represents an ideal of the bios theoretikos, which ever since the Greek philosophers has been contrasted and in conflict with the ideal of the bios praktikos, which gives precedence to social utility in the application of scientific knowledge and in the professional training provided by universities. The amor sciendi^ which evaluates highly the search for truth by rigorous scientific and scholarly methods, is associated with indifference to the economic value of the results of research and teaching, and it stands in contradiction to the ambitio dignitatis and the individia pecuniae, the social and economic utilization of the fruits of academic study. Last but not least, the fundamental value of the academic freedom of the university as a corporate community stands in potential conflict, on two fronts: internally between the freedom of the individual and the collegial solidarity of the members of the university, and externally between the requirements of the university for autonomy and control by those who supply the necessary financial resources. These and other conflicts are inherent in the social history of the university. To show the various forms which they have taken and the various solutions which have been attempted is the most important aim of our enterprise. Indeed, these conflicts, the tensions which arise from them, and the structures and mechanisms through which they are kept in a state of open equilibrium explain to a considerable extent the dynamics of the European universities. When one value becomes too preponderant and shifts the balance too markedly and too long to one alternative and away from the other, for example, to making the university into a governmental institution or into an ivory tower or into a vocational school or into a wholly self-contained scientific institution, the tensions lose their creative power and lead instead to somnolence or excessive superficial and fruitless agitation. We certainly no longer share the view, which was put forward by Meiners and which was so characteristic of the Enlightenment, that the history of European universities can 'lead in part to the recognition and avoidance of their misconduct, deficiencies, and faults, and in part to the disclosure and emulation of their merits'. 13 Just as a machine can only be repaired and made operable once more when the significance of its parts and their interdependence is understood and tested, so the university, which is a very complex social institution, must from time to time be subjected to a fundamental analysis. This fundamental analysis of its structures and functions, which have developed in the course of history, is indispensable if the deeper aspects of its social role are to be understood and realistically improved. 13

Meiners, Geschichte (note 8), 4.

XXV11

ACKNOWLEDGEMENTS

The preparatory work for A History of the University in Europe has been generously supported by the Max and Else Beer-Bra wand Fund of the University of Berne, the Donors' Association for the Promotion of Sciences and Humanities in Germany (Stifterverband fur die deutsche Wissenschaft) in Essen, the European Cultural Foundation in Amsterdam, the Konrad Adenauer Foundation in Bonn, the Ramon Areces Foundation in Madrid, the Portuguese Secretary of State for Higher Education, the National Institute for Scientific Research, and the Calouste Gulbenkian Foundation in Lisbon, the Antonio de Almeida Foundation in Oporto, the Volkswagen Foundation in Hanover, and the Fritz Thyssen Foundation in Cologne. We thank these patrons wholeheartedly. We are no less grateful to the universities at which our conferences and discussions have taken place, notably the Universities of Berne, Salamanca, Coimbra, Eichstatt, and Oxford. We should also like to express our thanks to Professors Grete Klingenstein of the University of Graz and W. Roy Niblett, emeritus professor at the University of London; as members of the editorial board in the early stages of the project, they helped to outline the framework of our History. Furthermore, we acknowledge the advice and support of Professor Nikolaus Lobkowicz, former president of the University of Munich and now president of the Catholic University of Eichstatt, who played a key role in defining and launching the whole undertaking. But, above all, we thank the secretary general, Andris Barblan, and the assistant secretary general, Alison de Puymege-Browning, of the Standing Conference of Rectors, Presidents, and Vice-Chancellors of the European Universities (CRE); it is they who, with tireless devotion and alertness, made possible the harmonious - indeed friendly - cooperation between so many European scholars.

xxvm

PARTI

THEMES AND PATTERNS

CHAPTER 1

THEMES

WALTER RUEGG

No period in the history of universities has been more intensively studied than the Middle Ages.1 Nevertheless, numerous gaps remain. Many archival documents, innumerable writings, and many of the lecture scripts of university teachers are still unpublished. Biographical accounts of teachers and students, their social and familial origins, their patterns of association in the course of their studies, and their subsequent careers are markedly lacking. Such prosopographical investigations, which have already been taken in hand for particular universities2 or for certain regions of provenance,3 are indispensable for a genuinely social history of universities.4 Only when such 1

2

3

4

J. M. F. Fletcher and J. Deahl, 'European Universities, 1300-1700, The Development of Research, 1969—1981 and a Summary Bibliography', in J. M. Kittelson and P. J. Transue (eds.), Rebirth, Reform and Resilience. Universities in Transition 1300—1700 (Columbia, Ohio, 1984), 324-57; P. Denley, 'Recent Studies on Italian Universities in the Middle Ages and the Renaissance', History of Universities, 1 (1981), 198-205. A. B. Emden, A Biographical Register of the University of Oxford to 1500, 3 vols. (Oxford, 1957—9); D. E. R. Watt, A Biographical Dictionary of Scottish Graduates to AD 1410 (Oxford, 1970); C. Renardy, Le Monde des maitres universitaires de Liege, 1140—1359. Recherches sursa composition et ses activites (Paris, 1979); C. Renardy, Les Maitres universitaires du diocese de Liege. Repertoire biographique (1140-1350) (Paris, 1981); J. Verger, 'Peut-on faire une prosopographie des professeurs des universites francaises du Moyen-Age?', Melanges de I'Ecole francaise de Rome, Moyen Age, 100 (1988), 55-62; A. B. Emden, A Biographical Register of the University of Oxford AD 1501 to 1540 (Oxford, 1974); H. de Ridder-Symoens, D. Illmer, and C. M. Ridderikhoff, Le Premier livre des procurateurs de la nation germanique de Vancienne Universite d'Orleans. Seconde partie: Biographie des etudiants, 3 vols. (Leiden, 1978-85). S. Stelling-Michaud, 'L'histoire des universites au Moyen Age et a la Renaissance au cours des 25 dernieres annees', in Xle Congres International des Sciences Historiques, Rapports, vol. I (Stockholm, i960), 121-30. For Switzerland: O. Vasella, 'Untersuchungen iiber die Bildungsverhaltnisse im Bistum Chur mit besonderer Beriicksichtigung des Klerus vom Ausgang des 13. Jahrhunderts bis um 1500', in 62. Jahresbericht der Historisch-Antiquarischen Gesellschaftvon Graubunden (Chur, 1932); K. M. Zahnd, Die Bildungsverha'ltnisse in den bernischen Ratsgeschlechtern im ausgehenden Mittelalter (Berne, 1979). Further literature in W. Riiegg, Humanistische Elitenbildung in der Eidgenossenschaft zur Zeit der Renaissance. Wolfenbiitteler Abhandlungen zur Renaissanceforschung, vol. 9 (Wiesbaden 1991), 95-133. Fletcher and Deahl, 'European Universities' (note 1), 327; L. Stone (ed.), The University in

Walter Rtiegg studies have been done will it be 'possible to trace the channels of intellectual currents and influence, to reconstruct the composition and structure of intellectual groups and their connections with each other, and the lines of transmission and diffusion of certain intellectual traditions such as Aristotelianism in the thirteenth, Roman law in the fourteenth, humanism in the fifteenth, and the Reformation in the sixteenth centuries'.5 For these reasons, our project can reflect only the present state of research. The aim of this introductory chapter is to show, with reference to a few themes, which perspectives have been opened up through studies of medieval universities, which problems have arisen from those studies, and what knowledge can be drawn from them. MYTHOLOGY AND HISTORIOGRAPHY OF THE BEGINNINGS

In 1988, the University of Bologna celebrated its nine-hundredth anniversary. However, neither our own investigation nor that of others into the history of medieval universities has produced any evidence for such a foundation of the University of Bologna in 1088. Rather, the upshot of these investigations is that no such event took place in 1088.6 In fact, 1088 was chosen a century ago as the 'conventional date' by a committee under the chairmanship of the famous poet Giosue Carducci; 1888 was to be the occasion for a grand jubilee to be celebrated in the presence of the royal family and rectors of universities from all over the world were to attend. The aim of the celebration was to imprint on the consciousness of the Italian people and of the whole world the knowledge that the recent and still not completely consolidated political unification of Italy could point for its legitimacy to the eight-centuries-long tradition of free research and teaching at the University of Bologna and its national and world-wide importance.7 The celebration of the eighth centenary of the University of Bologna in 1888 was in fact one of the commemorative celebrations and related symbolic manifestations which were arranged in the course of the nineteenth century in order to remind the nations of their Society, vol. I (Princeton, 1974), 4; P. Classen, Studium und Gesellschaft im Mittelalter, ed. J. Fried (Stuttgart, 1983), 18; J. Miethke, 'Die Kirche und die Universitaten im 13. Jahrhundert', in Schulen und Studium, 287; G. F. Lyttle, 'The Careers of Oxford Students in the Later Middle Ages', in Kittelson and Transue (eds.), Rebirth (note 1), 214; H. Coing (ed.), Handbuch der Quellen und Literatur der neueren europaischen Privatrechtsgeschichte, vol. I (Munich, 1973), 85 ff.; J. Verger, 'A propos de la naissance de l'universite de Paris: contexte social, enjeu politique, portee intellectuelle', in Schulen und Studium, 88. Stelling-Michaud, 'Histoire' (note 3), 121. 1 Rashdall, Universities, vol. 1,118; H. Grundmann, Vom Ursprung der Universitat im Mittelalter (Darmstadt, 1957, 2nd edn i960), 40. Even A. Sorbelli, Storia della Universitd di Bologna, vol. I, // Medioevo (Sec. XI-XV) (Bologna, 1940), written on the occasion of the 850th birthday, does not mention the date. U. Eco (ed.), Bologna 1088-1988, Alma MaterStudiorum Saecularia Nona (Milan, n.d. [1987]), [45]. W. Tega (ed.), Lo Studio e la citta. Bologna 1888-1988 (Bologna, 1987), 11-61.

Themes past and its historical continuity and to fortify in them a sense of their national unity.8 Commemorative celebrations focus on a particular date. For that reason, a particular date had to be found and it had to be one which was as early as possible so that the politically important, symbolic function of the University of Bologna as the 'mother of European universities' could not be challenged on that occasion. Carducci and his medievalist colleagues based their claim on a document of the thirteenth century. According to this document, the 'famous Irnerius' (1055/60-1125) and an 'unknown' Pepo were the first to have delivered lectures on law in Bologna. Jubilees in most instances stimulate historical research.9 Such research often corrects the date of foundation or shows the historical account of the alleged foundation to be a myth. Even more than the jubilee celebrations of other universities, the celebration of the eight-hundredth anniversary of the University of Bologna released afloodof publications on the history of universities. We know now that Pepo was by no means 'unknown'; he was referred to in 1190 as 'clarum Bononiensium lumen\10 and presented himself at the court of Emperor Henry IV as an authority on Roman law.11 In this regard, Carducci would not have chosen the 'conventional date' badly, if in fact Pepo was the founder, or at least a member, of a university. The booklet published on the occasion of the celebration of the nine-hundredth anniversary justified 1088 as the date of foundation of the university by the argument that, in that year, there appeared free arrangements for the teaching of law which were independent of the religious schools of Bologna and that such independence was the mark of a university.12 Is this argument defensible? No scholar doubts nowadays that, at various places in the eleventh and twelfth centuries, there existed significant schools and that successful teachers appeared as independent masters who gathered around themselves a circle of pupils. In Bologna, legum doctores, who were 8

9

10

Cf. T. Nipperdey, 'Nationalidee und Nationaldenkmaler im 19. Jahrhundert', Historische Zeitschrift, 206 (1968), 528-85; E. Fehrenbach, 'Ueber die Bedeutung der politischen Symbole im Nationalstaat', Historische Zeitschrift, 213 (1971), 291-357. For the ambiguous relation between jubilees and the historiography of universities: N. Hammerstein, 'Jubilaumsschrift und Alltagsarbeit. Tendenzen bildungsgeschichtlicher Literatur', Historische Zeitschrift, 238 (1983), 601-33; J- Verger, 'Du bon et du mauvais usage des anniversaires', Histoire, 115 (Oct. 1988), 78-80. For Bologna: Denley, 'Recent Studies' (note 1), 193; Rashdall, Universities, vol. I, 88. For German Democratic Republic: W. Flaschendrager and M. Straube, Die Entwicklung der Universitdten, Hochschulen und Akademien im Spiegel der hochschulgeschichtlichen Forschungen (1960-1969) - Literaturubersicht, Informationen und Studien zur Hochschulentwicklung, 12 (Berlin, 1970). G. Cencetti, 'Studium fuit Bononie', in G. Arnaldi (ed.), he origini delVuniversitd (Bologna, 1974), 101-15.

11

12

L. Schmugge, '"Codicis Iustiniani baiulus" - Eine neue Quelle zu Magister Pepo von Bologna', lus Commune, 6 (1977), 1-9. H. G. Walther, 'Die Anfange des Rechtsstudiums und die kommunale Welt Italiens', in Schulen und Studium, 138-44, does not recognize Pepo as a Bologna professor of law. Eco, Bologna 1088-1988 (note 7), [14].

Walter Ruegg active as lawyers and judges, joined with their pupils to form free corporations. 13 There is also agreement among various investigators - as subsequent chapters show - that it was the associations of students (in Bologna) or of teachers and students (in Paris), which were granted special liberties and privileges in the thirteenth century, that first laid the basis for that form of higher education which in the Middle Ages was called studium generate and which later was designated as a university. For this reason, Abelard, who taught in the first forty years of the twelfth century at Melun, Corbeil, and Paris, in part in a religious school and in part as probably the most famous independent teacher, has long since ceased to be regarded as the founder of the University of Paris.14 Similarly, the medical school of Salerno has lost its reputation as the oldest European university;15 it is, at best, regarded as a 'proto-university'.16 This does not, of course, detract from its scientific significance as a school for physicians in the tenth century, as a medical centre in the twelfth century, and as a model of medical research and teaching in the thirteenth century.17 The origin of the first universities is a very complex process, as will be seen in the next chapter. Bologna or Paris may be called the oldest university depending on the weight which one attributes to one or another of the various elements which make up a university. If one regards the existence of a corporate body as the sole criterion, then Bologna is the oldest, but only by a slight margin. It was in Bologna that, towards the end of the twelfth century, the foreign students of law grouped themselves together as 'nations' and therewith developed a basic organizational form of the medieval European university. If one regards the association of teachers and students of various disciplines into a single corporate body as the decisive criterion, then the oldest university would be Paris, dating from 1208.18 The question of which university is the oldest is of practical importance only when it has to be decided which rectors should be granted precedence in academic ceremonies and processions. The date of foundation is more important because of the social and psychological significance of jubilees. Yet, as the next chapter will show,19 it is very difficult and often arbitrary to assign 13

P. Weimar, 'Zur Doktorwiirde der Bologneser Legisten', in C. Bergfeld (ed.), Aspekte europdischer Rechtsgeschichte. Festgabe fur Helmut Coing zum 70. Geburtstag (Frankfurt, 1972.), 422.

14

Rashdall, Universities, vol. I, 276-8. Cf. S. C. Ferruolo, The Origins of the University. The Schools of Paris and their Critics (Stanford, 1985), 24. 15 P. O. Kristeller, 'The School of Salerno, its Development and Contributions to the History of Learning', Bulletin of the History of Medicine, 17 (1945), 138-94; reprinted in P. O. Kristeller, Studies in Renaissance Thought and Letters (Rome, 1956), 495-551. 16 Cobban, Medieval Universities, 37. 17 P. O. Kristeller, 'The Curriculum of Italian Universities from the Middle Ages to the Renaissance', Proceedings of the PMR Conference, 9 (1984), 3. 18 CUP, vol. I, 67, no. 8; Verger, 'Naissance' (note 4), 86; Ferruolo, Origins (note 14), 5. I* See pp. 45 tf.

Themes an exact date to the foundation of a particular university. This is true not only for the oldest universities, which arose only gradually and which are officially acknowledged in various written documents as having 'grown through custom', e consuetudine, in a sequence of stages.20 Even where the foundation of a university has occurred through an explicit decree or enactment, e privilegio, the question arises as to which particular event should be regarded as the date of foundation. Should it be the decision of a local authority to found a university or to recognize an existing school as a university, or should it be the recognition or endowment by papal, imperial, or royal authority, or should it be the executive decision by the local municipal authority, or the beginning of the teaching? It is easier to answer the question as to whether the medieval university had forerunners or models. Very much like contemporary universities, the early universities dated their origins as early as possible. In Bologna, between 1226 and 1234, a founding document was forged, which asserted that the university was established in AD 423 by Emperor Theodosius. 21 The University of Paris thought that it had been founded by Charlemagne, and, through his action, it was able to see itself as a continuator of the tradition of Roman higher education.22 Some claimed for Oxford an even earlier origin: when, following the destruction of their own city of Troy, the Trojans conquered Albion, it was said that they were accompanied by some philosophers who found a suitable place for themselves in Oxford. A more modest tradition contented itself with Alfred the Great (848-99) as the founder of Oxford.23 All of these fictions, which were questioned or refuted by the humanists, may be traced back to the medieval practice of legitimating an institution by asserting the antiquity of its origin. The assertion of a line of descent which traced medieval universities back to antiquity does have some justification, inasmuch as essential features of their intellectual substance were of classical origin and then christianized by Saint Augustine and other church fathers. Medieval scholars regarded themselves as dwarfs who stood on the shoulders of their gigantic ancient ancestors and who for that reason could see further.24 Nevertheless, the organizational form of the university cannot be traced to classical antiquity, nor was it influenced by Byzantium.25 20 21

22 23 24

25

Cf. Miethke, 'Kirche' (note 4), 290; Denifle, Entstehung, 231. A. Borst, 'Geschichte an mittelalterlichen Universitaten', Konstanzer Universitdtsreden, 17 (1969), 24-30. Stelling-Michaud, 'Histoire' (note 3), 99; C o b b a n , Medieval Universities, 14. J. Morris, The Oxford Book of Oxford (Oxford, 1978), 3ff. Cf. R. K. M e r t o n , On the Shoulders of Giants. A Shandean Postscript (San Diego/New York/ London, 1985; 1st edn, N e w York, 1965). C o b b a n , Medieval Universities, 2off.; P. Speck, 'Die Kaiserliche Universitat von K o n s t a n t i n o pel. Prazisierungen zur Frage des hoheren Schulwesens in Byzanz im 9. u n d 10. J a h r h u n d e r t ' , Byzantinisches Archiv, 14 ( M u n i c h , 1973), 69—91; C. N . C o n s t a n i n i d e s , Higher Education in Byzantium in the Thirteenth and Early Fourteenth Centuries (1203-ca 1310), Texts and Studies of the History of Greece, 11 (Nicosia, 1982).

Walter Ruegg It seems more plausible to derive the organizational pattern of the medieval university from the Islamic schools of learning. (The importance of the latter for scholarly activity in philosophy, natural science, and medicine is evident in chapters 10 and n . ) British Islamic scholars give an affirmative answer to the question: 'Did the Arabs invent the university?' They maintain that Islamic institutions of learning were the source of the idea of organizing foreign students into nations and that they were also the source of the ideas of the universal validity of the qualification for teaching conferred by the venia docendi, of the academic robe, and of the title of the baccalarius.16 Of course, the invocation of such affinities often confuses the propter hoc with the post hoc; it does not demonstrate whether and how the later forms emerged from the earlier ones. Furthermore, the discernment of such affinities requires an exact knowledge of both traditions. The term baccalarius could not be an Islamic importation of the twelfth century because it was already in use in the ninth century as the Latin designation of a preparatory or auxiliary status in a variety of social careers. The American Islamicist, Makdisi, who is to be taken more seriously, has discovered eighteen substantial affinities between the Islamic and the occidental patterns of the organization of learning and their transmission through institutional arrangements more or less like universities. He has concluded, however, that 'the university is a twelfth century product of the Christian West of the twelfth century, not only in its organization but also in the privileges and protection it received from Pope and King'. But the situation is different with regard to the colleges, which he does derive from Islamic models.27 The borrowings which the university made from other medieval institutions were more important. As the next chapter shows, the very idea of the universitas is drawn from the term for many kinds of cooperative associations. The term had, however, to be supplemented to refer to the special features of the university, namely universitas magistrorum et scholarium or universitas studii. The corporate features, privileges, statutes, seals, and oaths and the functions and titles of their officials all have a close affinity to contemporaneous legal and organizational forms.28 Taken as a whole, the medieval university, as is apparent in the various chapters of this volume, is part of and an expression of its social environment. 26

27

28

R. Y. Ebied a n d M . J. L. Young, ' N e w Light o n the Origin of the T e r m " B a c c a l a u r e a t e " ' , Islamic Quarterly, 18:1-2 (1974), 1-7; R. Y. Ebied and M . J. L. Young, 'Did the Arabs invent the university?' Times Higher Education Supplement, 2 M a y 1975. G. Makdisi, The Rise of Colleges, Institutions of Learning in Islam and the West (Edinburgh, 1981), 287ft. Verger, 'Naissance' (note 4), 90; P. M i c h a u d - Q u a n t i n , 'Universitas'. Expression du mouvement communautaire dans le Moyen-Age latin (Paris, 1970).

Themes THE UNIVERSITY: PRODUCT AND SHAPER OF SOCIETY

How is the origin of the university to be explained? Is it a resultant of the society in which it exists or is it a factor in the formation of society? Answers to this question are not dependent solely on the progress of research. The answers are affected by and are raised in the context of existing political conditions and of the current state of discussions about higher educational policy.29 Meiners' comparative history of universities, which has been mentioned in the 'Foreword', was written in 1802-5, immediately after the publication of the author's own large book on higher educational policy. In the latter, he emphasized the greater importance of scientific and theoretical education in comparison with education aimed at practical utility, and he recommended a number of reforms which were intended to counteract contemporary efforts to transform the universities into higher vocational training schools.30 Accordingly, he viewed the earliest universities as 'a manifestation of the powerful progress of the spirit',31 and he explained their origin in accordance with the ideas of the Enlightenment about the unceasing advance of the human striving for knowledge. Thus he explained the origin of the university by the substantial increase in the number of independent teachers in the twelfth century and the successful struggle of the scholars, who had achieved self-consciousness, for the recognition of their rights and privileges. He enquired, in a way which was astonishingly precise in view of the state of the sources available to him, into the emergence and development of academic communities in the Middle Ages. He had no doubt whatsoever that the universities were not epiphenomenal products of their social environment but had rather a formative role in shaping it. For this reason, he was really interested only in the benefits conferred and the damages inflicted on the university by its environing society. This fundamental attitude was also to be seen in the works of Denifle, Kaufmann, and Rashdall, which were published between 1885 and 1895 anc ^ which proceeded in a more critical, scholarly way than did Meiners' own work. Even as late as 1923, 'the ancient and universal company of scholars' was at the centre of interest in the work of the American medievalist, Charles Homer Haskins;32 d'Irsay, too, in his Histoire des universites published in

29

30

31

32

Rashdall, Universities, vol. 1,12 n. 2, regards Kaufmann's controversy with Denifle as vitiated by an infusion of ideas suggested by the Kulturkampf. C. Meiner, Uber die Verfassung und Verwaltung der deutschen Universitdten, 2 vols. (Gottingen, 1801-2; reprint, Aalen, 1970). C. Meiner, Geschichte der Entstehung und Entwicklung der hohen Schulen unseres Erdtheils, vol. I (Gottingen, 1802; reprint, Aalen, 1973), 7. C. H . Haskins, The Rise of Universities (New York, 1923), 126.

Walter Ruegg 1933-5, regarded the history of universities as being primarily a part of intellectual history.33 According to Marxism, the thesis, so often and so variously reiterated by bourgeois and imperialistic historiography, that there is a pure idea of learning and of universities which has no relationship to classes and to class struggle . . . has been shown by history to be an error and a falsification . . . Schools and higher educational institutions are founded in order to train the persons who are needed to maintain the ruling class domination.34

Grundmann, in a lecture delivered at Jena and Leipzig in 1956, took a clear position against the somewhat more differentiated thesis that the university is determined by the 'needs of the ruling classes'. He said that the beginnings of the universities were favoured, it was true, by the social and economic developments which were concomitant with 'the efflorescence of commerce and transportation fostered by the crusades, the birth of a money economy or early capitalism with the growth of cities which had been affected by it, especially in Italy and France, and with the improvements in agriculture and in the position of the persons engaged in it'. But these developments in no way caused the universities. [Neither the] demand for persons with professional, vocational training or general education nor governmental, ecclesiastical, and social and economic demands and motives are the primary, constitutive, or really fundamental and determinative factors underlying the origin and nature of universities as wholly novel communities and as seats of teaching and study. Rather the contrary! Put in a nutshell, the stimulus to the emergence and growth of universities was scholarly and scientific interest, the desire to learn and to know, the amor sciendi.35

Grundmann's argument has been criticized as too idealistic or too ideological. Classen said in 1964 that the pure love of knowledge was better embodied in the cathedral school at Chartres than it was in the University of Paris; he asked how and why it happened that a university emerged here and not there. 'It seems that, in addition to the intellectual factors, there were other forces and motives which made possible the university as a new social form.' He cites Abelard's confession that he taught only from pecunie et laudis cupiditas, from greed and ambition, and a sentence of the broadly learned Peter of Blois, who later became a courtier (c. 1180): 'There are two 33 34

35

d'Irsay, Histoire des universite's, 1. G. Steiger and W. Flaschendrager (eds.), Magister undScholaren, Professoren und Studenten, Geschichte der Universitaten im Uberblick (Leipzig, 1981), 12; M. Steinmetz, 'Die Konzeption der deutschen Universitaten im Zeitalter von Humanismus und Renaissance', in Les Universites europeennes du XlVe au XVHIe siecle, aspects et problemes. Actes du Colloque international a Voccasion du Vie Centenaire de I'Universite Jagellonne, Cracovie 6—8 Mai 1964 (Geneva, 1967), 115; W. Prahl, Sozialgeschichte der Universitdt (Munich, 1978), 13. G r u n d m a n n , Ursprung (note 6), 36, 39. 10

Themes things which drive men hard to the study of jurisprudence; these are the pursuit of offices and the vain passion for fame [ambitio dignitatis et inanis gloriae appetitus].' For these reasons, Classen concluded that The schools of the twelfth century and the universities of the thirteenth century never set themselves the goal of providing the courts and municipalities with specialized experts. Nevertheless, the new social pattern which took form in the university was in part shaped by society, since it was the lively interest of wider social groups which made it possible for the higher schools to become enduring and independent institutions. From the very beginning, education was subject to the tension between the fundamental and primary impulse to seek the truth and the desire of many persons to acquire practical training. Conversely, without really wanting to do so, the schools formed the new academic stratum and changed the whole structure of society, enriching it and making it more complex.36

Most scholars nowadays share this view - not least as a result of the discussion of Grundmann's thesis.37 Cobban and Esch lay more weight on the needs of an urbanized society and of an emergent ecclesiastical and governmental bureaucracy.38 Le Goff and Southern lay more stress on the emancipation of the universities from social pressure.39 But simple views are unacceptable; no serious historian disputes that the university neither descends on society from the heavens, nor simply emanates from it as a function of the social forces of production. The university and the society which environs it interact with each other, they influence one another. Without the intellectual stimulus of the rationally controlled search for knowledge, there would be no university. 'But the spirit alone cannot create its body.' 40 The new social institution, the university, could have arisen only in the particular economic, political, and social circumstances obtaining in certain cities of Europe in the early Middle Ages. On the basis of the present state of knowledge, we cannot answer the question of what the decisive factors were or in which constellation they had to be combined so that beginners and mature scholars could be fused into a corporate body which would be guaranteed its rights and privileges by public authorities. Nevertheless, the histories of the foundation of the first universities do offer some suggestions. The transformation of private schools of law into the university which first 36 37

38

39

40

Classen, Studium (note 4), 25. Verger, 'Naissance' (note 4), 86; A. Seifert, 'Studium u n d soziales System', in Schulen und Studium, 6o4ff.; Arnaldi (ed.) Origini (note 10), i$tf. Cobban, Medieval Universities, 8; A. Esch, Die Anfdnge der Universitat im Mittelalter. Rektoratrede Universitat Bern 1985 (Berne, 1985), 8ff. J. Le Goff, Les Intellectuels au Moyen Age, Le T e m p s qui court, 3 (Paris, n.d. [1957]), 73; J. Le Goff, 'Les universites et les pouvoirs publics au moyen age et a la Renaissance', in Rapports du Xlle congres internationaldes sciences historiques, vol. Ill, Commissions (Vienna, 1965), 189; R. Southern, 'From Schools to University', in History of Oxford, 35. Classen, Studium (note 4), 4. II

Walter Ruegg occurred in Bologna might have arisen from the confluence of a number of external factors. These include the fact that Bologna was a nodal point of commercial routes and of the ways of pilgrimage from the north to Rome, as well as the interest of the emperor in the elaboration and application of Roman law as a means of legitimating his imperial claims. This interest moved Frederick I Barbarossa in 115 5 to issue Authentica Habita,41 and led to the strengthening of the municipality of Bologna after the decline of the Holy Roman Empire. All these external factors contributed to making Bologna into the seat of a university. No less important was the reputation of famous teachers throughout the entire twelfth century, which attracted students from various countries to Bologna. But the organization of a university occurred only when economically, socially, and politically powerful foreign students came together to protect their interests collectively against the town and their teachers.42 In Paris, which, with the consolidation of the Capetian monarchy, became a political, economic, and cultural capital, the competition among many schools under different religious authorities led, in the course of the twelfth century, to a concentration of famous teachers and to a corresponding influx of students. The kings, one of whom, Louis VII, had himself been a student, favoured these educational developments. The students were well provided with food but it was less easy for them to find suitable accommodation; in response to this situation, colleges for poor students were founded in 1180 and 1186.43 As will be seen in the next chapter, the formation of the university was above all due to the efforts of the masters, supported by the king and the pope, to loosen local ecclesiastical supervision and, through the exercise of joint responsibility, to bring order into the anarchic arrangements for studies. Following fluctuating conflicts with the chancellor, the religious orders, and the citizens, between 1208 and 1231, this led also to the public recognition of the university.44 The royal court in London and the English episcopate employed more masters (magistri) in the twelfth century than the French monarchy and the church in France.45 English scholars had studied in Europe; they had a special preference for Paris.46 What led them, when towards the end of the century they wished to study in England, to decide on Oxford and not London? The 41 43

44

45

42 See c h a p t e r 3, p . 78. C o b b a n , Medieval Universities, 4 9 - 5 5 . C o b b a n , Medieval Universities, 7 9 - 8 2 ; F e r r u o l o , Origins (note 14), 22—6; 2 5 0 - 4 ; A. L. Gabriel, ' T h e C a t h e d r a l Schools of N o t r e D a m e ' , in A. L. Gabriel, Garlandia. Studies in the History of the Medieval University (Frankfurt, 1969), 4iff. Cf. S. C. F e r r u o l o , ' T h e Paris Statutes of 1215 reconsidered', History of Universities, 5 (1985), 11; Verger, ' N a i s s a n c e ' (note 4), 75ff. J. W . Baldwin, ' T h e Penetration of University Personnel into French a n d English Administration at the T i m e of the Twelfth a n d T h i r t e e n t h C e n t u r y ' , Etudes Islamiques, 44 (1976),

204-10. 46

A. L. Gabriel, 'English M a s t e r s a n d Students in Paris d u r i n g the Twelfth C e n t u r y ' , in Gabriel, Garlandia (note 43), 1-57.

12

Themes new History of the University of Oxford also asks this question. Oxford was a small provincial town, not to be compared with cathedral towns, and certainly not with London. But Oxford did acquire in the 1180s a certain strategic political significance as the seat of the royal administration and of the ecclesiastical courts. This encouraged some learned lawyers to move to Oxford and it encouraged some of them to offer instruction in the law. Within a decade, the Oxford school of law was the only one in England which was able to attract foreign students, even though they came from educationally backward areas like Friesland and Hungary. These developments also encouraged one of the best-known theologians of his time, Alexander Neckam, to take up teaching at Oxford. In 1209, the teachers refused to go on with their teaching in reaction against some excessive actions by the local authorities; they ceased their strike only in 1214, after the municipality, either as a result of the mediation of a papal legate or his command, had granted to the scholars liberties and privileges like those which were provided in Paris.47 In all three cities, the combination of political and economic advantages and the deference granted to the scholarly reputation of local teachers and their educational institutions attracted students and teachers in large numbers and of high quality. This assured both groups the protection of their interests against the local authorities. In Paris, it was also a means of constraining the otherwise unregulated competition among various teachers and schools, and of bringing about their amalgamation into 'universities'. In each city, the decisive factor was the interest of the teachers and students, first in a formal pattern of studies in which they could work on their own responsibility, then in the settlement of their disputes with the local authorities about freedoms and privileges, and finally in their support by the central authorities. In Montpellier, where the school of medicine acquired the standing of a university at about the same time, the circumstances which attended the consolidation into a unitary corporate body are unclear. Nevertheless, this fourth of the oldest university cities shares with the others certain essential features; these were its economic importance, as the area of intersection of the Rhone valley, Spain, and Provence, a cultural efflorescence, and ultimately a flourishing seat of medicine and law schools which drew students from afar, as well as its special political position as a fief and outpost of the pope, who, in 1220, granted the university its statutes through the agency of a cardinal legate. Where one or other feature or property was absent, such as the presence of famous teachers or royal or papal support, universities arose only later. This was the case with Pavia and Padua, which, as economically important entrepots, had well-established schools of law.48 The establishment only in 1346 of the first university in the Holy Roman Empire at Prague, which was at the 47

48

Southern, 'From Schools' (note 39), 4-36; R. W. Southern, Robert Grosseteste. an English Mind in Europe (Oxford, 1986), 56. Walther, 'Anfange des Rechtsstudiums' (note 11), 121-35. 13

The Growth of

Walter Ruegg eastern periphery of the empire, although there were numerous politically and economically powerful German cities which had good schools of their own in the twelfth century but which were without universities, may be attributed to 'the insufficient support and uninterestedness of the dominant strata of German society'. These strata regarded noble birth as the criterion for appointment to higher positions in the church as more important than it was regarded in France, where 'scholarly distinction could enable even foreigners and non-nobles to become bishops'. 49 These are only hypotheses. A conclusive explanation as to why there was no university in London and why universities were founded later in Rome (1303), Cologne (1388), and Mainz (1476) than in Bologna, Oxford, Montpellier, and Salamanca (1218-19) can only be given - if it can ever be given after further source materials have been discovered and analysed, as we mentioned at the very beginning of this introduction. EXPECTATIONS OF CHURCH, CROWN, AND MUNICIPALITY

What did the various social agents, the popes, the emperors, the territorial princes, the bishops, the municipal authorities, the aristocracy, the bourgeoisie, and, in the late Middle Ages, the peasantry on the one hand and the students and teachers on the other, expect of the universities? What defined their social role, which was a response to these diverse and often controversial expectations, and which cannot be conceived without taking these conflicts into account? All of them hoped to gain from scholarly and scientific knowledge support in their struggle for existence; the political and ecclesiastical powers hoped to gain support and reinforcement of their dominion, the students and teachers sought knowledge and social advantage, the residents of university towns wanted improved well-being. But, for these purposes, there was really no need for universities. As Frederick I Barbarossa said in 1155, in his fundamental law regarding academic liberties, it is by learning that the world is illuminated and the lives of subjects are shaped towards obedience to God and his servant, the emperor: quorum scientia mundus illuminatur ad obediendum deo et nobis, eius ministris, vita subjectorum informatur.50 This rhetorical formulation delineated very precisely the dual expectations of the highest earthly power. The symbolism of light, so beloved in the Middle Ages, expresses the view that scholarship enriches knowledge and gives stability to the social order. 49

50

J. Ehlers, 'Die hohen Schulen', in P . W e i m a r (ed.), Die Renaissance der Wissenschaften im 12. Jahrhundert, Ziiricher Hochschulforum Universitat Zurich, E. T . H . Zurich, 2 (Zurich, 1981), 72. P. Kriiger and T . M o m m s e n (eds.), Corpus iuris civilis vol. II (Berlin, 1877), 5 I J > reprinted in

Kaufmann, Deutsche Universita'ten, vol. I, 165. 14

Themes Pepo was surely not the founder of the University of Bologna but he was probably the first person to explain to an emperor - Henry IV - what new support for order the study of Roman law provides. At a criminal trial, conducted in the presence of the emperor, he protested against a ruling which decreed the usual punishment of the payment of Wergeld proportionately to the status of the person who had been killed by saying that the 'sacred laws of the emperor, i.e. Roman law, in accordance with the natural law of the equality of human beings, forbids the unequal treatment of a free person and one who is unfree'. However much Pepo impressed Henry IV with his argument, the emperors were more interested in the provisions of Roman law which strengthened their fiscal and political powers and they adopted them obviously with enthusiasm.51 Scholarship and scholars fulfilled such and similar expectations of earthly and ecclesiastical authorities before universities existed. Indeed, the founding of universities was regarded by some contemporaries as an impediment to the genuine cultivation and transmission of scholarly knowledge. The noteworthy theologian and poet, Philippus de Grevia, who became a magister at the University of Paris in 1206, and who was its chancellor from 1218 to 1236, complained about his colleagues that At one time, when each magister taught independently and when the name of the university was unknown, there were more lectures and disputations and more interest in scholarly things. Now, however, when you have joined yourselves together in a university, lectures and disputations have become less frequent; everything is done hastily, little is learnt, and the time needed for study is wasted in meetings and discussions. While the elders debate in their meetings and enact statutes, the young ones organize villainous plots and plan their nocturnal attacks.52

To be sure, Philippus was not an objective witness since he was the spokesman for the interests of the ecclesiastics, whose right of supervision over scholarly studies had been diminished by the university. Nevertheless, it was true that the independent teaching activities of individual masters during the twelfth century were not injurious to scholarship. What, however, did the popes and monarchs expect when they conferred legal recognition on the universities which had already 'grown up' and later founded others by the grant of privilege? Obviously, corporate bodies made up of scholars who were granted liberties served their interests better than teachers who were controlled by the religious orders or their local bishops. The popes were interested in the universities for three reasons. For one thing, they wished to strengthen the position of a rationally intelligible doctrine amidst the diverse and mutually contradictory beliefs of the various 51 52

Schmugge, ' " C o d i c i s Iustiniani'" (note n ) , 4—8. Verger, 'Naissance' (note 4), 76 n. 34. 15

Walter Ruegg religious orders and scholars; they were particularly concerned to carry on a battle against the expanding heresies. They were furthermore desirous of strengthening the central powers of the papacy against the claims and aspirations of the earthly powers and the regional feudal interests. They were also concerned with the recruitment of persons who could serve as the staff for their offices. The curia had acknowledged, as early as the twelfth century, the value of scholarly education for the solution of the dogmatic and legal problems of a consistent ecclesiastical policy. Scholars became cardinals. Two popes (Celestine II (1143—4) and Celestine III (1191-8)) were pupils of Abelard. Another pupil of Abelard, Alexander III (1159-81), whether he was the famous Colognese canonist Rolandus of Cremona or not, was called 'the first lawyer-pope, who initiated a new epoch in the history of the papacy'. 53 From the thirteenth century onward, the popes had in most instances attended university and they increasingly surrounded themselves with learned cardinals.54 Thus, the popes looked upon the university as an institution which, under their direct jurisdiction and protection, could organize and control studies and could as a result deal with the three tasks in which the papacy was so interested. The increasing appointment of academically trained persons to ecclesiastical offices is dealt with in chapter 8 in a detailed manner. How could the popes draw into their service not only individual university graduates but the universities as institutions? It was easiest- one would think - where they themselves had created the universities. This, however, occurred only very exceptionally; it happened for the first time in Toulouse in 1229, when they imposed on the count, once the war against the Albigensians was over, in order to build a bulwark against heresy, the founding and the financing of a university as a punishment. As is shown in the next chapter, the new foundation did not perform this task successfully. The popes acted directly only in Rome in 1245, when they founded their own curial university. In contrast with this, in the cases of other university foundations, they presented themselves by the issuance of a charter as their legal founders and their protectors; they were thereby able to bring them under their control. This included the institution of apostolic curators who were intended to protect the privileges which the popes had granted to the universities from being abridged or infringed on by local actions.55 The popes also used the universities as a means of diffusion for decretals; they did this by sending their decrees to the universities for treatment and diffusion through lectures.56 The use of prebends, accorded to incumbents of ecclesiastical appointment 53

54

55

P. Classen, ' R o m u n d Paris Kurie u n d Universitat im 12. u n d 13. J a h r h u n d e r t ' , in Classen, Studium (note 4), 130. M i e t h k e , 'Kirche' (note 4), 2 9 4 - 3 0 3 ; J. Verger, Les Universites au moyen age, Collection SUP, PHistorien 14 (Paris, 1973), 70; R. Avi-Yonah, 'Career T r e n d s of Parisian Masters of T h e o l o g y ' , History of Universities, 6 (1986-7), 47—64. 56 M i e t h k e , 'Kirche' (note 4), 314. Classen, Studium (note 4), 292. 16

Themes for the purposes of study at university, had deeper implications for the affairs of the church. The popes helped both the universities and the students who were priests and monks, and at the same time they placed them under obligation to themselves by exempting the recipients of prebends from the obligations of parochial residence ordinarily associated with a prebend. Papal support for study by the assignment of prebends was given a fixed institutional form in the fourteenth century by the periodical communication to the pope of the list of students and graduates, i.e. the rotuli.57 'The entire material existence of the academic institutions depended on the prebendal provision for their members by the church.' 58 The award of the licentia ubique docendi by the studia generalia which were recognized by the pope - described in the next two chapters - had far-reaching historical significance. It is true that, from the very beginning, the qualification for teaching, which was, in principle, valid throughout the entire realm of papal Christendom, was, in fact, subject to restrictions and exceptions. The popes themselves limited the right for the benefit of those who had been awarded the qualification from Paris and Bologna. In addition to this limitation on the universal validity of teaching, the professorial colleges of the various universities sought to protect themselves from outside competition by the numerus clausus, which limited the appointment of ordinary professorships.59 Furthermore, the authorities of particular universities refused to grant the right to teach anywhere in order to retain the services of their masters for their own universities.60 The universal validity did not in fact apply so much to the appointment to teach as it did to the aptitude to teach. Even today, this is still the case and it reveals in a literal sense the fundamental significance of the venia ubique legendi for the university as an institution and indeed for the modern profession of learning as such. Through the papally legitimated universality of the validity of its final examinations, the university as an institution acquired the responsibility for the conduct of courses of study and final examinations according to a standard which obtained far beyond its own locality. This not only made the universities more autonomous but also had considerable impact on the history of learning and culture. The universal value of the quest for knowledge and of the transmission of knowledge, which has been recognized ever since antiquity, was thereby given an institutional setting in the university. It has remained so ever since then, even down to our own times; it is the common task, the responsibility - for good or ill - of the universal community of the 57

58 59

60

A. Borst, 'Krise und Reform der Universitaten im friihen 14. J a h r h u n d e r t ' , Konstanzer Blatter fur Hochschulfragen, 9 (1971), 55; Verger, Universites (note 54), i28ff.; D. E. R. W a t t , 'University Clerks a n d Rolls of Petition for Benefices', Speculum, 34 (1959), zi3ff. G. Ritter, Die Heidelberger Universita't, vol. I, Das Mittelalter (Heidelberg, 1936), 44. See chapter 5, p . 145. Rashdall, Universities, vol. I, i4ff., comes t o the conclusion: ' T h e Mastership was reduced t o a universally recognized h o n o u r , b u t nothing more.' Borst, 'Krise u n d Reform' (note 57), 57. 17

Walter Ruegg holders of advanced university degrees, i.e. of the scientific and scholarly community, the community of learning. Henceforth, conflicts between divergent doctrines, which ever since the twelfth century had often resulted in the condemnation of philosophical doctrines and teachers, or which two centuries later found expression in the rivalry between 'the ancients' and 'the moderns', 61 were fought out within the university, even though the external authorities had to put into practice the judicial consequences and often had also to settle the internal quarrels. Conflicts among scholars with each other and with persons and institutions outside the universities have contributed to the development of academic institutions. The fragile structures which emerged from these conflicts were fortified by the rules and practices for the regulation of conflict within universities and permitted the studium to take its place as the third power alongside the sacerdotium and the regnum. The kings of France, England, and Spain, and later Portugal, Austria, Bohemia, Poland, and Hungary, as well as, following their example, dukes and princes, expected of their universities effective intellectual and individual help in establishing and consolidating the governmental and administrative institutions which they needed to overcome the centrifugal forces embodied in the landed and urban aristocracies. It is true that they often justified their founding of universities by reference to their concern for the young persons of their realms, whom they wished to save from the costly and burdensome alternative of studying abroad. 62 But they were, in fact, much more concerned to associate them with their own territorial policies, as happened in extreme form in the case of Frederick IPs foundation of the University of Naples in 1224 and his attempt to dissolve the University of Bologna.63 His prototype of a state university collapsed after five years and became a widespread institutional model only three centuries later. What did the cities expect of the universities? The latter defended the collective interests of scholars and masters against the municipal authorities and citizenry through privileges, exemption from tolls and taxes, the fixing of maximal rents, and other constraints on municipal interests. Initially, the municipalities, for their part, did not need the universities to provide them with the knowledge which was necessary for the intellectual and legal support of their economic activities, ranging from the elementary arithmetic and bare literacy needed by merchants to the mastery of the language of documents by notaries and scribes, and to the higher education needed for 61

62

See chapter 13, p. 438. In Heidelberg, after 1440 there were heavy discussions and also fighting, which were concluded by the intervention of the Kurfursten a n d the institution of the rival studies of both viae\ see P. O . Kristeller, 'Scholastik u n d H u m a n i s m u s an der Universitat Heidelberg', in G. Keil, B. Moeller, a n d W. Trusen (eds.), Der Humanismus und die oberen Fakultaten, Mitteilung XIV der Kommission fur Humanismusforschung (Weinheim, 1987), 6. 63 Borst, 'Krise und Reform' (note 57), 55. See chapter 3, p . 54. 18

Themes the professions and offices of trans-local scope. All these needs could be satisfied without any contribution from the universities. Where, however, famous masters and their schools had established themselves as useful for municipal policy and economy, the municipal authorities had an interest in more stable and continuing regulations than were possible through ad hoc arrangements. From the late thirteenth century on, the big commercial towns were well aware of the advantage of having universities which made provision for lawyers who could solve legal problems unknown to common law, as well as civil servants who could be a match for the princely authorities. They also had an interest in keeping the sons of citizens who had chosen an intellectual vocation at their own local university. Thus, they quickly recognized the advantage of the reliable partnership which was offered by the universities and they exerted themselves to gain control over the universities. In the city states, professors were more and more often paid salaries by the municipal government64 and the university came under the control of local officialdom.65 Basle offers an interesting example of the expectation which in the late Middle Ages led to the founding of universities by municipalities. In 1431, the Council — which convened in Basle - established what was unique in the history of the medieval universities, namely a conciliar university, which was later dissolved, together with the Council, in 1449. After Aeneas Sylvius, who had been a scribe in the Council, became Pope Pius II in 1458, some of the Basle graduates of the conciliar university thought that it was a propitious moment to establish a municipal university. It was fairly easy, although not inexpensive, to obtain papal approval together with the reassignment of the prebends for professorial salaries. It was more difficult to persuade the sceptical citizenry of the value of a university of their own. They were persuaded in 1460 to proceed with the foundation of a university less by an appeal to their pride and the value of such an institution for Christian ideals than they were by economic and political arguments. They were more interested by the prospect of facilitating the entry of the sons of the citizens of Basle into the medical and legal professions and to higher ecclesiastical appointments and by the improvement in the competitive position of Basle vis-a-vis Freiburg im Breisgau in regional, political, and economic affairs - Freiburg im Breisgau had already decided to have a university but had not yet opened it. A not inconsiderable investment had already been made and they anticipated the economic benefits of an influx of wealthy students, which might help to offset the economic decline of Basle. The citizens of Basle were told that, if the 64

65

H . Koller, 'Stadt und Universitat im Spatmittelalter', in E. M a s c h k e and J. Sydow (eds.), Stadt und Universitat im Mittelalter und in der fruhen Neuzeit, Stadt in der Geschichte, 3 (Sigmaringen, 1977), 87; T. Bender (ed.)> The University and the City. From Medieval Origin to the Present (New Y o r k / O x f o r d , 1988), 3-58. See chapter 4, p p . 9 6 - 7 . 19

Walter Ruegg university had one thousand students, they would spend an additional 20,000 guldens there every year.66 The calculation did not work straight away. The prebends which had been promised by the pope were not all vacated by their local incumbents. The foreign students who came to Basle were fewer than anticipated and there were, above all, fewer wealthy ones. This situation is illuminated by a contract of appointment from the first years of the university: it stipulates that the maximal salary would be paid on the condition that the professor in question would bring with him three very noble students of canon law and forty high-born students of civil law - and their attendents.67 It was only a half-century later that the university, which drew into its immediate environment a very successful book-publishing industry, showed itself to be an economically viable investment for the city. EXPECTATIONS OF SCHOLARS AND STUDENTS

What did scholars expect of the university? We have seen that it was not the amor sciendi, the desire for knowledge as such, but rather the uncertain status of students and teachers which was the occasion for the foundation of the first universities. The protection of the rights of the individual scholar, which imperial legislation assured to foreign scholars, became a dead-letter if the emperor was unable to enforce it. It was really the organized collective representation of the interests of the scholars before the local municipal and ecclesiastical officials, given force in extreme cases by the collective emigration to another town, which gave the individual the freedom and security from material exploitation and official arbitrariness which he needed for his scholarly studies. Membership in the university conferred, as has already been remarked and as is shown in greater detail in chapters 7 and 8, a number of legal and economic privileges. The rotuli, which have already been mentioned and which were compiled periodically by the university, brought substantial benefits to the members of the university. 'University education then as now - offered the average student primarily an opportunity for a prospective prebendal income.'68 This exaggerated statement does apply to the large number of students who aspired to a position in the church or who already held one. But lay students were not altogether rare in universities of the Bologna type, and in the fifteenth century they became quite common in all universities, as shown in chapter 7. They, too, expected from their studies at university better quali66

67

68

E. Bonjour, Die Universitat Basel von den Anfdngen bis zur Gegenwart 1460—1960 (Basle, i960), 2 1 - 3 8 . Cf. Louvain: J. P a q u e t , 'Bourgeois et universitaires a lafind u M o y e n - A g e ' , Le Moyen-Age, 67 (1961), 3 1 2 - 4 0 . J. R o s e n , ' D i e Universitat Basel im S t a a t s h a u s h a l t 1460-1530', Easier Zeitschrift fur Geschichte und Altertumskunde, 72 (1972), 177. Ritter, Heidelberger Universitat (note 58), 44. 2O

Themes fixations and - if they did not come from the traditional higher strata improved opportunities for appointment to rewarding public offices. For this reason, they were very interested in an ordered course of studies such as a university could offer and they even insisted upon it - in Bologna, for example, where the student universitates in the beginning appointed the professors and supervised the punctuality and adequacy of their performance of their teaching obligations through the threat of fines, for the payment of which professors had to supply guarantees of payment through prior deposits of security money. The social role of the medieval university consisted primarily of training for more rational forms of the exercise of authority in church, government, and society. This seems to contradict the fact that the courses of study, the examinations, and the degrees were not oriented to the provision of any training for occupations other than those of university teachers. The bachelor's degree as the culmination of the first stage of academic training certified nothing beyond the capacity and the right to serve as an apprentice in the art of teaching in a particular field under the supervision of a magister. The master's and doctor's degrees testified to the capacity and, as implied by the licentia ubique docendi, the formal right to deliver independent academic lectures, as well as, in many universities, the obligation to deliver such lectures in one's own faculty for a period of at least two years.69 Thus, university teachers became a status group which transcended local and disciplinary boundaries and which possessed a distinctive corpus of knowledge and enjoyed a high degree of prestige; they came to conceive of themselves as a university elite with their own ethos appropriate to their status, and they were also accepted as such by society and its rulers. Symbolically, this internal university arrangement of academic qualification has persisted, as a reminder of its medieval origin, in the convocation at the University of Oxford, the highest governing organ of the university. It still comprises the teaching staff but it also includes the recipients of the degrees of masters of arts and doctors of theology, law, and medicine who are not active as members of the university as well as those recipients of other academic degrees who apply for it. Nowadays, the powers of this body are limited mainly to the election of the chancellor and of a professor of poetry. Outside the universities, academic degrees were not entitlements to the practice of any particular profession. The study of theology was not a precondition for the priesthood but it could, where noble ancestry or charismatic qualities were absent, render it easier to enter higher ecclesiastical offices. As chapter n shows, physicians with university training were a minority in the Middle Ages but one which regarded itself as an elite; in the physicians' guild, however, they did not receive precedence over those without academic 69

See chapter 5, p. 147. 21

Walter Ru'egg degrees. In certain Italian university cities, it was necessary, in order to gain an appointment as a judge, to be educated in law, but not necessarily attested through the possession of an academic degree but rather through evidence of the possession of the most important law-books.70 In general, the exercise of judicial office or of the profession of notary or teaching in a learned institution did not require an academic degree. Nevertheless, study at a university was so attractive to those who wished to engage in such activities as were practised in the public interest, and which could not be mastered by concrete experience or by tradition, that only relatively few students aimed to enter the academic profession as a lifelong career, which was in fact the professional objective postulated by university education. At first, it was the knowledge and skill acquired in a faculty - in addition to social origin - that facilitated access to the performance of a corresponding practical activity. For the male offspring of the aristocracy and the grande bourgeoisie - as chapters 7 and 9 show - attendance at a university became in the fifteenth century a more or less extended episode in the predominantly knightly education received among peers. But a considerable percentage of the other students, who were increasingly coming from the middle classes, because of the high costs did not complete their studies to the point of taking a degree either. In the fifteenth century, the academic degree was recognized as evidence of scholarly qualification to such an extent that it became important in the competition for appointment to ecclesiastical and secular posts. In the filling of important pulpits and offices, the class of the degree was also taken into account. Thus, university education, at first without a degree and later with one, became a characteristic mark of professional elites engaged in the cure of souls, legal practice, governmental administration, medical care, and education. Of course, it was not university education alone which determined the status of a practitioner of a learned profession; membership in a traditional ruling family or circle, as well as wealth and income and the prestige of the particular occupation were also relevant to the status of an individual, as is shown in chapter 8. Nevertheless, academic education by the end of the Middle Ages, thanks to the universities, became a mark of social distinction, and the doctorate approximated the noble title as a claim to deference. With this, we return to the significance of the amor sciendi for the university. The social value of academic education for the professions, which is one of the chief interests of present-day research, could only be realized by the university because the learning and teaching of the rational pursuit of truth were the substance for which institutional regulations and collegially ordered courses of study provided the context. The heart of the university is the illfamed ivory tower; its manifest function is to provide for the Aristotelian bios 70

Walther, 'Anfange des Rechtsstudiums' (note n ) , 132. 22

Themes theoretikos, intellectual training for its own sake. That its latent function is the preparation of professional experts for practical affairs, for the development of the bios praktikos, for which there is such a great demand, cannot belie the fact - indeed it confirms it - of the social value of the pure striving for knowledge. This practical function postulates the fundamental importance of the amor sciendi. Otherwise, the university, as a corporate body serving only material interests and freedoms, would have shared the fate of other medieval institutions; it would have long since disappeared. It was the collective responsibility for the organization and discipline of the striving for knowledge, of the studium, which gave some meaning to the liberties and privileges of scholars and masters, transcended their immediate material interests, and assured the persistence of the autonomy of the university in its most distinctive activity, which is that of scholarly and scientific teaching and research. ORIGINS AND LIMITS OF FACULTY ORGANIZATION

When one seeks the earliest evidence of a collective responsibility exercised by the governing bodies of universities for the organization and supervision of the studium, one comes across a feature which down to the very present has been a criterion for the recognition of institutions of higher education as universities or their institutional equivalents. This is the award of academic degrees, and particularly the doctorate, on the basis of a decision by an academic committee (collegium) to which the responsibility for such a decision has been assigned. In Paris in 1213, the chancellor issued the 'Magna Charta of the university'; in 1231, it was incorporated in the bull Parens scientiarum by Pope Gregory IX. It confirms the obligation of the chancellor to obtain the vote of the professors in matters connected with appointments for the teaching of theology and canon law; there had to be a collegial examination of candidates for appointment as university teachers.71 It is true that the relationship of the individual teacher and his pupil remained basic to the medieval university. Subsequently, as in the past - as shown in chapter 6 - a person could become a student only in so far as he attached himself to a particular teacher. But, in contrast with earlier periods, it was no longer left to the individual teacher anymore than to the ecclesiastical authorities - to assess the performance of his pupils. Henceforward, the teacher had to present his pupil to the colleagues in his discipline and the latter had to decide whether they should recommend to the chancellor the award of the licentia docendi and the acceptance of the pupil as a colleague. This could only be done once there was proof of the candidate's blameless mode of life and his progression through a proper course of studies.72 71 72

See, for this and w h a t follows, Verger, 'Naissance' (note 4), 8off. CUP, vol. I, 137, n o . 79.

2-3

Walter Kuegg Collegial responsibility for decisions requires a minimum of common criteria for proper collegial behaviour as well as for the substance and procedure for reaching decisions. The examination for an ordered course of study was necessarily dependent - as it still is today - on a set of regulations which specified the required minimal period of study and the substance to be covered for each degree within each faculty. These regulations also specified rights and obligations of the teaching corps, the apparel to be worn at examinations, the appropriate ceremonies and burial and memorial services for deceased students and colleagues, the institutional obligations, the schedule of 'ordinary' and 'extraordinary' lectures, disciplinary powers, and the right of professors to strike against interventions by political authorities. Such collegially enacted and sworn rules of the University of Paris were recognized by Pope Innocent HI in 1208-9 and then again in 1215 by the papal legate, Robert of Courson; they were confirmed and specified in 1231 in the bull Parens scientarium.73 In Bologna, prior to 1219, the collegial collective doctoral examinations by the teachers of law formed the 'seed around which the community of doctors became crystallized'.74 They also served in the co-optation into the circle of professors, but, unlike the first Parisian statutes, through a real examination by the professors in the presence of the ecclesiastical holders of the licentia docendi.75 Nevertheless, in universities which followed the Bolognese pattern, the teachers did not form a corporate body with the power of fixing the statutes. Rather, it was the student corporations which, by their statutes, fixed the regulations governing courses of study and punished, by means of fines, as already noted, the unpunctuality or substantively deficient fulfilment of teaching obligations. Other obligations were fixed by municipal statutes. It was only at the beginning of the fourteenth century that colleges made up of a limited number of teaching and non-teaching doctors were formed; these colleges were later reserved for citizens of the municipality. The oldest known statutes of the Bolognese college of lawyers date from the year 1397.76 The problem of why the professorial colleges in the universities of the Bolognese type were able to establish themselves against the student corporations and the political authorities only relatively late, and then only in a limited measure, is still unsolved. Various causes have been adduced, which can all, in the last analysis, be reduced to the fact that in these universities the scientiae lucrativae, law and medicine, were most prominent and were to a large extent taught and practised by laymen. The latter were more dependent on fees and on fixed salaries than were the teachers of the artes, canon law, 73 74 75

76

CUP, vol. I, 6 7 f t , n o . 8; 78ft., n o . 20; 136-9, n o . 79. Weimar, ' D o k t o r w i i r d e ' (note 13), 433. G. Cencetti, 'La Laurea nelle universita medievali', Studi e memorie per la storia sitd di Bologna, 16 (1943), 259. Weimar, 'Doktorwiirde' (note 13), 441

24

deWUniver-

Themes and theology, who drew their income from prebends and who were dominant in the universities based on the Parisian pattern. Furthermore, the link between teaching and practice was more direct among lawyers and physicians. 'Medieval legal education was not directed towards the training of law teachers but of professional legal practitioners.' 77 Accordingly, their colleges of doctors were open to the membership of practitioners and performed professional functions rather than those of collegial responsibility for the studium. It was the same in medicine, as is shown in chapter n . Nevertheless, a number of questions remain unanswered. In universities of the Parisian type as well, the teachers received lecture fees and fixed salaries, in other faculties as well as those of law and medicine. They, too, trained not only academic teachers but also future practitioners. In this case, as well as in the other, the academic degree confirmed nothing else than the capacity, and partly also the obligation, to teach the acquired knowledge and skills; the teachers of a faculty were collectively responsible for the assessment of the capacity to reach. Was it perhaps the lack of a far-reaching collective responsibility which accounts for the powerlessness of the professors in the Bolognese type of university and which led, in the fifteenth century, to the decline of the law school at Bologna, where nepotism became the rule in the doctors' colleges?78 Was it, on the other hand, this lack of collegial responsibility for the studium which explains why new intellectual currents such as Averroism and humanism met with less resistance in Italian universities than was the case among universities of the Parisian type? In the latter, the faculties of arts became firmly attached to certain doctrines so that the composition of the teaching body was less influenced by social origin and professional interests than it was by doctrine and the particular form taken by the amor sciendi. The faculties provided the institutional framework of the collegial responsibility for the studium. 'In the faculties, the teachers, who were assured of autonomy, and the students in a given discipline were amalgamated into a common body.' 79 The origins, significance, and development of the four typical faculties of the medieval university, the artes, medicine, law (both fields), and theology, are analysed in detail in chapter 4 and chapters 10 to 13. Why, however, were these intellectual disciplines taken into the universities and not others? If 'social needs' had been taken into account, technological sciences like architecture, military technology, shipbuilding, machine manufacture, and mining, as well as the applied natural sciences like agriculture, veterinary .medicine, and pharmacy, would have been taken up in the universities. For the cultivation of these disciplines, which were fundamental to society in the 77 78 79

Walther, 'Anfange des Rechtsstudiums' (note 11), 161. Cf. Cencetti, 'Laurea' (note 74), 273. J. Verger, 'Fakultat, -en', in Lexikon des Mittelalters, vol. Ill (Munich/Zurich, 1987), cols. 215-17.

Walter Ruegg Middle Ages, the politically and economically powerful classes would have had to have been as interested in the scientific knowledge and developments and in the training of experts in these fields as they were in the subject-matters of the four faculties. Once more we see that it was not the demand for socially applicable knowledge which led to the foundation of the universities so much as the existence of certain disciplines which had shown themselves to be of value for dealing with certain social tasks. What was the reason for the exclusion of the technological disciplines from the teaching programme of the faculties? At first sight, the explanation seems to lie in the medieval classification of the sciences, which made distinctions between the artes liberates and the artes mechanicae, between the 'liberal' and the 'mechanical' arts. But this is not necessarily derogatory. As early as the seventh century, mechanics was considered to be 'knowledge or theory in which, in a subtle manner, the fabrica rerum omnia, the creation of all things, comes together'.80 In the twelfth century, Hugh of Saint Victor (1096-1141), attributed an even more subtle meaning to mechanics; in his Didascalion, he said that mechanics is the science by which man imitates nature in order to assist him in the satisfaction of his bodily needs. In his classification he attributed the same standing to the artes mechanicae as he did to the artes liberates. He distinguished seven sciences in 'mechanical' philosophy (which he placed alongside natural philosophy, moral philosophy, and the philosophy of language). Three of these sciences were concerned with things outside the body. The first was weaving, which dealt with all textiles (all materials used for clothing); the second dealt with all kinds of apparatus (such as pottery, stone-cutting, and masonry up to architecture, mining, woodwork, and metallurgy); and the third was nautics, which included all kinds of commerce. Four of these mechanical sciences serve bodily needs: the cultivation of the soil, hunting (including all forms of the preparation of food), medicine, and the theatrical arts. In 1250, Robert Kilwardby, a magister of the University of Paris and later archbishop of Canterbury, modified this scheme in his De ortu scientiarum by excluding 'pagan' theatrical art and assigning a special place of its own to architecture; at the same time, he replaced the excessively narrow categories with others which were more accurate in substance. For example, he substituted the art of textiles for weaving, commerce for navigation, farming for cultivation of the soil, and cooking for hunting. The artes mechanicae were regarded by Kilwardby as a part of philosophy, as they were by Hugh of Saint Victor, and as a part of the study of human things (as distinct from the study of divine things, which was theology).81 On the basis of this 80

81

B. Bischoff, 'Eine verschollene Einteilung der Wissenschaften' Archives d'histoire doctrinale et litteraire du Moyen-Age (1958), 16. R. Kilwardby, De ortu scientiarum, ed. A. G. Judy (London, 1976), C a p . 3 4 - 4 1 , 122-37. Cf. J. A. Weisheipl, ' T h e N a t u r e , Scope a n d Classification of the Sciences', Studia Medtewistyczne, 18 (1977), 8 5 - 1 0 1 . 26

Themes way of looking at the various kinds of knowledge, the university could have incorporated into itself from the very beginning not only the technological sciences but also the economic and empirical sciences as well as other practical specialities such as are not unusual in contemporary universities. As it turned out, only one ars mechanica, namely medicine, became a university subject. As shown in chapter n , medical schools were formed in the course of the preoccupation with Arabic medicine and with the aid of Arab and Jewish physicians. A Spanish philosopher and translator of Arabic commentaries on Aristotle, Dominicus Gundissalinus, in his De divisione philosophiae, written in about 1150, proposed that, instead of the distinction between artes liberates and artes mechanicae, every science should be divided into a theoretical and a practical part and that medicine, which has to do with human beings, who are the peak of nature, should be ranked as the highest of the natural sciences82 and above the artes liberates. But this classification was not accepted. When it was desired to accord a high rank to medicine, it was placed among the artes liberates. Thus, in the preamble to the renewal of the statutes of the medical faculty of the University of Montpellier in 1239, medicine was compared with a star which illuminates the firmament of the sciences of the artes liberates with especial brightness.83 As is mentioned in chapter 11, the study of the artes and the study of medicine were closely associated with each other and, in the Italian universities, they were placed in the same faculty. Many classifications of the sciences distinguished between practical medicine, including surgery, which would assign it to the artes mechanicae, and speculative medicine, which was to be regarded as being of the artes liberates,84 Thomas Aquinas, in his commentary on Boethius, De Trinitate, written between 1255 and 1259, rejected this distinction. Like alchemy, agriculture, and all sciences of this sort, medicine used the properties of natural things, like a handmaiden for practical purposes and it was thus subordinate to the natural sciences. All the mechanical sciences, to which medicine belonged, aimed not at knowledge but at a practical use and should therefore be considered as activities which belonged to the unfree part of the human being, i.e. to his body. They should therefore be regarded not as free arts but as servile arts, as artes serviles.85 This theoretical distinction offered an argument welcome to those engaged in polemics against medicine. Petrarch, in his polemic, composed in 1355, 'against a physician', contrasted agriculture, as a useful ars mechanica, with harmful medicine.86 Salutati, in his De nobilitate legum et medicinae of 82 83 84 85

86

D . Gundissalinus, De divisione philosophiae, ed. L. Baur (Munich, 1903), 84—8. Cartulaire de I'Universite de Montpellier, vol. I, (Montpellier, 1890), 185, no. 4. Library of Wolfenbuttel, C o d Guelf, 567, chart. XVs., fol. i i 3 r . Thomas Aquinas, Commentarii in Boethii De Trinitate, Quaest. II, Art. 1, English translation by A. Maurer, St Thomas Aquinas, The Division and Methods of the Sciences (Toronto, 1953; 4th edn 1986), 19-2.2. F. Petrarca, Invectiva contra medicum, ed. P. G. Ricci (Rome, 1950), L. I. C a p . V; L. II, C a p . XVIII.

Walter Ruegg 1399, based his argument regarding the superiority of jurisprudence on the attribution of medicine, for which he invoked Averroes (Ibn Rushd), to the category of the artes mechanicae?7 Why did medicine remain the only ars mecbanica taught in the university? Even architecture, which was classified with medicine by Varro (116-27 BC) among the (nine) artes liberates, required a considerable amount of theoretical knowledge, particularly knowledge of mathematics, which was not inferior to the arithmetic and geometry taught in the quadrivium and which was superior to them in many respects.88 In a comparison of the styles of scholastic philosophy and Gothic architecture, Panofsky traced their similarity to the common mental habit, the habitus of the philosophers and the architects. Panofsky said that the scholastic mode of thought affected the outlook of architects either through their own experience in schools and universities or through its absorption from the general cultural life of their times.89 In fact, it is possible to demonstrate direct relations with the university only for a few master-builders. The latter, in their work in university towns on the construction of important churches and defence works, had charge of technologically, artistically, and organizationally demanding enterprises. These responsibilities afforded them a status in society which could call forth the envy of university teachers. From the thirteenth century on, there was an unprecedented increase in the amount of building. Masterbuilders became very prominent in the planning and supervision of large projects and enjoyed high social esteem as the heads of the building departments of municipalities and princely and royal courts. These projects gave rise to a great demand for architects who possessed not only practical but also theoretical knowledge.90 Neither the demands of society for architects nor the subject itself nor the classification of the sciences can explain the exclusion of architecture from the subjects taught in universities and the same is true for the other artes mechanicae.91 There is no lack of ancient texts which would have permitted a theoretical justification of their inclusion in the syllabuses and a corresponding provision of teaching. Vitruvius offered the point of departure for a scientific treatment of the art of building. Such a treatment was indeed under87

88

89

90

91

C. Salutati, Denobilitatelegumetmedicinae, De verecundia, ed. E. G a r i n (Florence, 1947), 2.4, 216. L. M o j o n , St Johannsen, Saint Jean de Cerlier, Beitrage zum Bauwesen des Mittelalters (Berne, 1986), 2 3 . E. Panofsky, Gothic Architecture and Scholasticism, W i m m e r Lectures 1948 (Latrobe, Pa., 1951), 21—8. M o j o n , St johannsen (note 88), 20—7; M . W a r n k e , Ban und Klosterbau, Soziologie der mittelalterlichen Architektur nach den Schriftquellen (Frankfurt, 1976; reprint, 1984), 131-45. For a comprehensive overview of the artes mechanicae with an extensive bibliography, see E. W h i t n e y , 'Paradise Restored, T h e M e c h a n i c a l Arts from Antiquity t h r o u g h the T h i r t e e n t h C e n t u r y ' , Transactions of the American Philosophical Society, 80, 1 (1990), 1-169.

28

Themes taken by the private scholar and artist, Leon Battista Alberti, in his book De re aedificatoria of 1452. There were also the potentialities for a theoretical treatment of agriculture in Albertus Magnus's De vegetabilibus et plantis libri (VII), a botanical work of 1256, as well as in the widely known standard works on 'agriculture' by Walter of Henley (Horsebonderie, c. 1250) and Peter of Crescenci's Ruralia commoda (c. 1306), which was based on a discussion of Aristotle, Varro, and Columella. They all presupposed a university education but they did not become the subject-matter of such a programme of studies. This cannot be attributed to their objective, unlike medicine, of producing material artefacts. After all, the established university subjects of the quadrivium and physics - as is shown in chapter 10.2 - developed optical, astronomical, and musical instruments, which served practical purposes as well as research. Perhaps we should not take the scholastic classification of the different kinds of knowledge so seriously. They also either made no room at all for the very important discipline of jurisprudence or made it into a subdivision of the trivium of grammar, dialectic, and rhetoric or alternatively of practical philosophy, neither of which was commensurate with its importance in the structure of the university. It is difficult to relate closely to each other the theoretical classifications of knowledge and the organization of intellectual activities in the university. This is true even for the artes liberates, which, from late antiquity through the Carolingian educational reforms and up to the twelfth century, were thought to be the summum of pagan science and philosophy and inferior only to theology. In the thirteenth century, the triumphant Aristotelian philosophy expelled them from their prominent position or assigned to them a subordinate position in the scholastic classification of kinds of knowledge.92 The latter was utterly inconsistent with the name of the arts faculty and it became consistent with the programme of teaching of that faculty only when in 1253 - as is shown in chapter 10.1 - large numbers of the writings of Aristotle were admitted to the syllabus of the arts faculty of the University of Paris. The persistence of the patterns of four faculties of the medieval university into the nineteenth century cannot be explained by the scholastic classification of types of knowledge or by the distinction between 'free' and 'mechanical' sciences or between 'speculative' and 'mechanical' philosophy. Rather, the adherence to the scheme of the four faculties is a result of the fundamental significance of the amor sciendi. Faculties emerged only where there were previously schools which transmitted knowledge as a public good and where attendence was basically open to everyone capable of performing at the required intellectual standard. Even the practically oriented field of 92

R. Mclnerny, 'Beyond the Liberal Arts', in L.Wagner (ed.), The Seven Liberal Arts in the Middle Ages (Bloomington, Ind. 1983), 257^; C. La Fleur, Quatre introductions a la philosophie au XHle siecle (Montreal/Paris, 1988). 29

Walter Ruegg medicine developed into a scientific discipline only when knowledge based on the study of theories of natural philosophy and medicine drawn from ancient and Arabic-Jewish texts, and from empirical observation, was introduced. The same thing happened in the schools of law. They, too, could become so attractive internationally only to the extent that universities were founded, when the reception of Roman law opened up their content, so that the derivation and exercise of jurisprudential principles and modes of thought became more important in teaching than the knowledge of formulae necessary for direct application in the practice of the law. It was very different in building construction and in other artes mechanicae. In these, admission and training were dominated by guilds or corporate bodies formed on the basis of status; admission was often limited by connections of kinship. They were, moreover, oriented immediately towards the formation of practical occupational skills. In these fields, medieval societies did not provide generally accessible schools from which universities or university faculties could have grown. However much the hierarchical status system of medieval society affected the social composition of the student bodies and the profession of university teaching, in comparison with other spheres of life the universities did display a considerable degree of openness and even, indeed, of equality. This was not least a consequence of their manifest occupational objective, which was the acquisition and teaching of scientific and scholarly knowledge, while the acquisition of a professional or official qualification for an occupational activity within the framework of the hierarchical society was only a secondary objective or by-product. As a matter of fact, a comparison between the socially no less relevant 'mechanical' sciences, which were transmitted through guild-like arrangements, and the subjects taught at university shows the significance for the development of academic disciplines of the opportunities allowed by the schole for leisure as an emancipation from the immediate care of gaining one's daily bread which is characteristic of ordinary occupations. The preoccupation with the theoretical principles of the divine order of the universe and with the scholarly study of human things, freed from practical interests, was directly derived from the categories of Greek philosophy. This derivation notwithstanding, the search for the fundamental forms of the rational interpretation of reality is a characteristic feature of the scientific and scholarly methods of all the faculties. This search was also the basis of the peculiar idea of the medieval university that its fundamental structure was the outcome of a reform.

REFORMATIO

IN MELIUS'. THE ALPHA AND OMEGA OF THE UNIVERSITY

The first statutory regulations of the University of Paris, promulgated in 1215, arose in connection with the effort 'to reform and improve' the condition of 30

Themes the Parisian schools (ut statui Parisiensium scholarum in melius reformando impenderemus operam efficacem). As Classen showed in 1967, reformatio meant not only the re-establishment of dissolved universities and the reenactment of old statutes but also the act which led to the founding or the statutory constitution or ordering of a university.93 The officials who exercised supervisory powers over the universities in the Italian city states were often called the reformatores studii.94 Reformatio had been used ever since the tenth century for the monastic reforms in its original meaning of the restoration of the proper or fundamental form. It meant the same for the universities; from the very beginning they had the task of realizing their proper form, their underlying idea, in the Platonic sense, or their entelechy, in the Aristotelian sense. How could this, in fact, be done? On a very general level, it could be done by accepting models in which these proper forms had been embodied. This meant that, for the universities founded later, the patterns and regulations of either of the two most successful universities, Paris and Bologna, should be reproduced, at least in part, in detail. As is made clear in the chapters which follow, this explains the uniformity of the organization into faculties as well as of the courses of study, the degrees, the programmes of study, and the modes of teaching, which differ from each other only in minor respects. This astonishing unanimity as well as the remarkable phenomenon that one can classify the medieval universities as being of the Bolognese, of the Parisian, or of a mixed type is not attributable to any external unifying authority. Neither the emperor nor the pope was in a position, like a contemporary 'university planner', to lay down an ideal version of a Christian university and to carry it out in every detail! Rather, the first reformationes were the result of negotiations with various local individuals and institutions, churches, secular princes, municipal authorities, professors, and students of the various schools and nations. Later, they quite understandably turned to regulations which, having proved themselves in one place, might also have been equally applicable elsewhere. They had, however, to work them out with the other parties to the negotiations or at least to adapt them to local circumstances. The situation was different in the case of the first universities. These had no immediately available models. As a result they fabricated, as I mentioned at the beginning, historical forerunners in order to legitimate themselves, as a renewal, as the reformatio, of a form of university which they wanted to have already been realized in the past. If we now enquire into what these regulations were in detail, in accordance with which the universities were to be reformed, we look in vain for ideas drawn from the theory of science, or of educational policy or of organization. As has already been indicated, the statutes not only fixed the rights and obli93

Classen, Studium (note 4), iyoff.

94

See chapter 4, p. 132. 31

Walter Ruegg gations of office-holders, the requirements for the award of academic degrees, the use and prohibition of certain textbooks, and the right of teachers to strike when their prerogatives were infringed on. They also set forth in very minute detail who was to be allowed to teach what and when and where, who might wear what academic robe and what form of academic hat and when and where, which teachers were to serve in the death vigil for colleagues, how many must participate in the burial services of scholars, etc. The aim of such regulations - as was already said by Robert of Courson in 1215 was to assure the tranquilitas scholarum, the peace of the university. However, in contrast with the reforms of universities introduced in recent decades with the same objective, the medieval prescriptions and prohibitions were directed at those kinds of actions which would prevent frictions among colleagues in the university and which would make possible the perfect performance of their tasks. In sermons and disputations they expressed, in the idiom of their time, ideas and values which were partly implicit and partly explicit and which are bound up with the ideal of the scientist and scholar. Alongside amor sciendi — intellectual integrity, broad learning, and conceptual clarity - they sought to sustain virtues like humility, love of one's neighbour, piety, fatherly solicitude towards students, loyalty and collegial solidarity towards the university, and deference towards the ecclesiastical and earthly incumbents of high university offices.95 Here, too, it was a matter of reformation of the renewal of fundamental ethical forms in the context of a university community, which, as Christian and classical virtues and values, had first taken form in the basic works of the Western traditions. If one attempts to formulate the essential outlines of an academic ethic in the process of formation, one may deduce in hypothetical form the following seven values which in the Middle Ages legitimated, in religious terms, the amor sciendi and the university which was its institutional form.96 The seven evaluative propositions are: (1) The belief in a world order, created by God, rational, accessible to human reason, to be explained by human reason and to be mastered by it; this belief underlies scientific and scholarly research as the attempt to understand this rational order of God's creation. (2)The ancient understanding of man as an imperfect being and the Judaeo-Christian idea of a creature fallen into sin, and the proposition deriving from these ideas about the limitation of the human intellect, operated in the Middle Ages as driving forces impelling intellectual criticism and collegial 95

A. C. Gabriel, 'The Ideal Master of the Medieval University', The Catholic Historical Review, 9 (1974), 1-40; G. Lebras, '"Velut splendor firmamenti", le docteur dans le droit de Peglise medievale', in Melanges offerts a Etienne Gilson (Toronto/Paris, 1959), 373-88; J. Leclercq, 'L'ideal du theologien au moyen-age, textes inedits', Revue des sciences religieuses, 21 (1947),

96

W . Riiegg, ' T h e Academic Ethos', Minerva, 24:4 (1986), 393-412. Cf. C o b b a n , Universities, i$tf. See also chapter 5, p . 161 ff.

121-48.

32.

Medieval

Themes cooperation; they served as the foundation for the translation of general ethical values like modesty, reverence, and self-criticism into the image of the ideal scientist and scholar. (3) Respect for the individual as a reflection of the macrocosm or as having been formed in the image of God laid the foundation for the gradually realized freedom of scientific and scholarly research and teaching. (4) The absoluteness of the imperative of scientific truth already led in scholasticism to the basic norms of scientific and scholarly research and teaching such as the prohibition of the rejection of demonstrated knowledge, the subjection of one's own assertions to the generally valid rules of evidence, openness to all possible objections to one's own argument, and the public character of argument and discussion. (5) The recognition of scientific and scholarly knowledge as a public good which is ultimately a gift of God had not, it is true, even before universities existed, prevented study and teaching for the sake of money. Nevertheless, there has been less interest within the universities in the economic use of scientific knowledge than there has been in the learned professions outside the university. This relatively smaller interest in the economic utilization of scientific knowledge has been an axiomatic value of the university. (6) Reformation which regarded one's own scientific efforts as the renewal of previously established knowledge and its further development 'in the cause of improvement', laid a disproportionate weight in the medieval university on already established patterns of thought and older authors. Nevertheless, these were not accepted without criticism; they were critically scrutinized to test their veracity as the basis of one's own knowledge. They were a stimulus to new ways of seeing things and to new theories. This, as mentioned above, was expressed in the image of the later scientist, who, as a dwarf standing on the shoulders of a giant, sees further than the giant. Scientific and scholarly knowledge grows in a cumulative process, by building on earlier knowledge. In this sense, the progress of knowledge is a continuous process of reformatio. (7) The equality and solidarity of scholars in confronting the tasks of science enable the universities to become the institutional centres of the scientific community. The acknowledgement of the scientific achievements of those who think and believe differently from ourselves and of those who are members of social strata different from our own and the readiness to correct one's own errors in the light of persuasive new knowledge, regardless of its source, permitted the rise of science. All these things contributed to the growth of scientific knowledge even before universities came into existence. The conception of the equality of human beings, which is part of natural law and which Pepo invoked from Roman law in the criminal trial mentioned on p. 15, first found an institutional arrangement for scientific and scholarly discussion in the setting provided by the university. However much modern 33

Walter Ruegg sociological historiography may emphasize the social inequalities within the university - set forth in chapters 6 to 8 - as far as scientific knowledge was concerned, differences in national and social origins played no role. Indeed, the more highly equality was evaluated, and the more it was joined to the common responsibility for the increase of knowledge, the better the university fulfilled its obligations. The less these values were respected, as was often the case in smaller universities of a local or regional nature, the greater was the decline in the level of scientific and scholarly activity. As a result, universities became sterile and some of them ceased to exist. This, too, is demonstrated by the history of the medieval universities.

34

CHAPTER 2

PATTERNS

JACQUES VERGER

No one today would dispute the fact that universities, in the sense in which the term is now generally understood, were a creation of the Middle Ages, appearing for the first time between the twelfth and thirteenth centuries. It is no doubt true that other civilizations, prior to, or wholly alien to, the medieval West, such as the Roman Empire, Byzantium, Islam, or China, were familiar with forms of higher education which a number of historians, for the sake of convenience, have sometimes described as universities. Yet a closer look makes it plain that the institutional reality was altogether different and, no matter what has been said on the subject, there is no real link such as would justify us in associating them with medieval universities in the West. Until there is definite proof to the contrary, these latter must be regarded as the sole source of the model which gradually spread through the whole of Europe and then to the whole world. We are therefore concerned with what is indisputably an original institution, which can only be defined in terms of a historical analysis of its emergence and its mode of operation in concrete circumstances. THE UNIVERSITY AS STUDIUM

GENERALE

This problem of definition naturally arose in the Middle Ages also. A term, studium generate, was therefore coined, together with a number of juridical criteria. A studium generate was an institution of higher education founded on, or, at any rate, confirmed in its status by, an authority of a universal nature, such as the pope or (less frequently) the emperor, whose members enjoyed a certain number of rights, likewise universal in their application, which transcended all local divisions (such as towns, dioceses, principalities, and states). These rights concerned, first of all, both collectively and individually, the personal status of teachers and students, who were placed under 35

Jacques Verger the immediate safeguard of the supreme authority, be it papal or imperial, which had founded the university in question; more especially, they received from the pope the right to enjoy the revenues from ecclesiastical benefices without actually having to take up residence in them. On the other hand, titles awarded in the universities were guaranteed by the founding authority and therefore regarded as being universally valid. This meant that the licences (licentiae docendi) granted by the universities were licences ubique docendi, entitling the holder to teach throughout Christendom and not merely in a particular diocese, as was the case with those offered by bishops or their representatives. As for the titles of doctor or master, the holding of them was regarded as a sign of the very highest intellectual competence and of equivalent value in all circumstances, no matter which university had granted them; and, as a consequence, they were supposed to allow access everywhere to the offices and honours reserved for the holders of this high rank. 1 Significantly enough, the pope had reserved for himself the right to grant doctorates in a sovereign manner, by special bull (the term doctores bullati was then in use), thus illustrating the delegated nature of the authority vested in the universities. The truth is that, even though the term studium had acquired, from the twelfth century on, in addition to its classical and somewhat abstract meaning of 'study', the further, more institutional one of 'school', the notion of a studium generale only gradually emerged after the first universities had in fact already been founded. There are a few rare instances of this term in the early decades of the thirteenth century but the expression only became a common one towards the middle of the same century, that is to say, at a time when the civil and ecclesiastical authorities began to set about creating new universities from scratch, deriving a universally applicable legal form from already existing models (Paris and Bologna, in particular). From this time on, all the founding charters of new universities mentioned that these latter were in fact studia generalia. Indeed, among the very oldest universities, a number of them (Montpellier in 1289, Bologna in 1291, and Paris in 1292) nevertheless received at that date confirmation from the pope of their official status as studium generale, even though they had for long had all the features of such an institution, and had in fact played a large part in defining it in the first place. Admittedly, the University of Oxford never received such a confirmation and can hardly be said to have suffered from the want of it.2 Not only was the notion of studium generale, as it was elaborated in medieval law, a relative latecomer, but it has the additional drawback of being, for the historian's purposes, too vague. Admittedly, it allows one more or less to circumscribe the world of the university during the Middle Ages and to dis1 2

G. Ermini, '11 concetto di "Studium generale" ', Archivio giuridico> series V, 7 (1942), 3-24. On the use of the expression studium generale see Cobban, Medieval Universities, especially 21-36.

36

Patterns tinguish between universities in the strict sense and all the other types of schools existing in the same period (cathedral or municipal schools, the studia of the mendicant orders, private law schools, etc.). Some of these establishments, whose teachers were sometimes university graduates themselves, may have reached, at one time or another in their history, a level, as regards the actual content of their curricula, comparable to that of some universities. But the fact that they were exclusively answerable to local authorities, whether civil or religious, that their pupils did not benefit from the special privileges accorded to those at universities and therefore could not have their studies ratified by official degrees, in short, the fact that these institutions lacked the very qualities to which the adjective 'general' referred, had always meant that they were confined to a junior position, could not spread their influence outwards, and enjoyed very little social prestige. There were in fact a few exceptions to this rule. In the thirteenth century, especially, pupils at schools that were indisputably not universities might on occasion be granted one or other privilege that was normally restricted to members of the studia generalia (for example, exemption from residence for holders of benefices). In a number of cases, the most famous of which is that of the schools of medicine in Salerno, one should speak of quasi-universities.3 But these hybrids were rare and had virtually disappeared by the fourteenth century. From then on, contemporary witnesses seem to be quite clear as to which were (or were not) the genuine universities; lists of universities were compiled and chroniclers' descriptions of countries always mention them. THE UNIVERSITY COMMUNITY! INDEPENDENCE AND INFLUENCE

But what, in more concrete terms, were these universities? If we look more closely at the vocabulary in use at the time, we find that the commonest term in texts, especially in the thirteenth century, would seem to be universitas and not studium generate. An abstract word in classical Latin (meaning 'the totality' or 'the whole'), universitas had become, for medieval jurists, the general term used to designate all kinds of community or corporation (a guild, a trade, a brotherhood, and so on). The term very often had this sense in medieval Latin, from the twelfth century on, a period which had in fact been marked by a proliferation of institutions of this sort.4 One had therefore to specify the object to which one was referring so that, if teaching was the topic, one would talk of 'the university of students' or 'the university of masters and students' {universitas scholarium or universitas magistrorum et scholarium) of such and such a place. These expressions may be found throughout the first university cartularies and there is even some probability 3 4

See p. 52. P. Michaud-Quantin, Universitas. Expressions du mouvement communautaire dans le MoyenAge latin (Paris, 1970).

37

Jacques Verger that fairly early, at any rate in everyday language, the word 'university' was sometimes used on its own, without any further qualification, with the same meaning as today. The interest of formulae such as universitas magistrorum et scholarium lies in the fact that it places the emphasis upon the human reality of the medieval universities, which was all the more fundamental given that for a long time these universities scarcely knew any other reality, remaining content with the strict minimum, as we shall see, in buildings and finances. The medieval universities were therefore, first of all, organized communities of individuals responsible, in certain towns, for higher education, or for the studium: universitas studii X, as it was sometimes put. This notion of a community would seem to be fundamental to the definition of the medieval university, whatever limitations and mishaps were involved in practice.5 It implied a degree of independence and internal cohesion. A university was a group which one freely joined, assuming that one was granted admittance. It was a moral entity, able to issue deeds sealed with its seal, to sue in a civil action in its own name, to endow itself with statutes, and to enforce obedience of such statutes on the part of its members. However, we should not entertain too juridical a view of the university community as a moral entity; for it already enjoyed such a status as early as the thirteenth century, before the first written statutes that have survived were drafted (which only date from 1215-31 in Paris, from 1220 in Montpellier, and from the 1250s in Oxford, Cambridge, and Bologna), and before the university's official seal appeared (1246 in Paris, 1276 in Oxford). Independence of this sort did not of course rule out the interference or control, more or less strict depending upon circumstances, of the external lay or religious authorities. Still less did it rule out internal subdivisions and hierarchies within the universities themselves. Almost invariably, only a part of the members of the universitas, of the university community, would enjoy all of the rights and prerogatives that this independence established. The others, who were generally regarded as the mere suppositi of the university, were subject to its authority, but were unable to take part in the exercise of responsibilities (participation in assemblies and councils, the holding of university offices). In universities based on the Oxford or Paris model, only the masters were in this sense full-fledged members of the university. Since, however, many students in theology, law, or medicine were already masters of arts, these universities were in fact much less hierarchical than their usual appellation of 'masters' universities' would lead one to suppose. Indeed, it was actually these masters of arts, since they were the most numerous, the youngest, and the most turbulent, who tended to exercise a good part of the control over the whole of the university. The only people who were really 5

J. Verger, 'Universite et communaute au Moyen Age', CRE-Information, 62. (1983), 21-44.

38

Patterns excluded were plain students of arts, who were often merely children or adolescents, together with all those (servants of masters or pupils, beadles, scribes, booksellers, etc.) who, gravitating around the university, were under its authority and could benefit from its protection, without, however, having access to its councils. In the so-called students' universities (Bologna, Padua), on the other hand, the university consisted only of the students, the teachers simply being hired through annual contracts that were agreed with the university itself or with the commune, which did not stop them from fairly rapidly creating their own organization, the 'college of doctors', whose particular responsibility was for examinations and the conferring of degrees. To be more precise, one should also note that, at Bologna or Padua, there were not one but several students' universities, enrolment at which was determined either by one's geographical origin or by the subject taught. Thus, students of law belonged to the 'cismontane' universities or to the 'ultramontane' universities, depending upon whether they were Italian or not; students of the arts or of medicine belonged to another, wholly independent university. The masters were likewise organized in distinct doctoral colleges depending upon their particular expertise. These universities did, however, cooperate very closely with each other. In Padua, the two universities for students of law actually fused in 1473. In southern France, the Iberian peninsula, and eastern Europe, the universities belonged to a mixed type, in which the students were in control, to a degree, of certain university offices (councillor, rector), but in which the colleges of doctors were integrated into the university. The latter was generally a single university but at Montpellier, in spite of a vain attempt at unification in 1289, a distinction was still made between the university of medicine (the oldest one, proud of its traditions and of its international prestige) and that of law, which was completely separate, not to speak of a modest 'university of arts', which would, however, appear not to have kept its independence for long. At Prague, between 1372 and 1415, the faculty of law separated off from the others (organized according to the Paris model) in order to form a 'university of law' with a student rector. One should note, however, that, no matter what the definition and the outline, the university communities were generally subdivided into a certain number of elements, often as old as the university itself, or sometimes even older. In many universities, especially those with a fairly large recruitment, the students were divided up in terms of their geographical origin, into 'nations'. Thus, there were some twenty nations at Bologna, ten at Orleans, four at Paris, and four also at the main universities of the Holy Roman Empire and of eastern Europe (Prague, Vienna, Leipzig, Louvain, etc.) and at Salamanca. The geographical denomination of these nations obviously varied from one university to another and their role was of varying importance, sometimes being a simple system of organization of electoral colleges, and 39

Jacques Verger sometimes being highly structured and fairly independent institutions within the university.6 Almost all universities were also subdivided into distinct faculties for the masters and students of a particular discipline. The classical faculties were those of the 'arts' (i.e. the liberal arts), theology, law (although the faculty of canon law was often distinguished from that of civil law), and medicine. Yet there were others. At Toulouse, for example, there was a faculty of grammar as well as a faculty of arts. In cities such as Bologna, Padua, or Montpellier, where there were whole universities devoted to a single discipline, the very notion of faculty had no real justification. But, in the majority of cases, faculties were essential and somewhat autonomous units within the university, with their own statutes, their own council, and often their own dean. Their immediate interests, which were bound up with a specific recruitment of students and with their own particular purposes, were not all the same, and relations were therefore often tense. There is little point at this stage in the argument in lingering any longer over this question of the structures and internal subdivisions of the medieval universities. There was an almost limitless variation as regards matters of detail; they developed over the centuries and they should not at any rate be allowed to obscure the fundamental notion: that of an independent university community. But it must be realized that this community, even if perceived by contemporaries as a whole, almost invariably had an organization of the federal kind, in which the reciprocal play of the various constituent elements could just as well be an essential factor in its dynamism as an ever-present threat of dislocation. This may be treated as sufficiently general to serve as a defining feature of the medieval universities. Another matter to be considered is that of the influence of the universities, which may more particularly be measured through considering the geographical area from which students were recruited. Admittedly, as we shall see below, it was very rare in the Middle Ages for universities to attract students consistently from the whole of Christendom. Only the Universities of Paris and Bologna, and just possibly that of Padua during the fifteenth century, could fairly make this claim and, even in those cities, there was always a core of students recruited from the surrounding regions. Everywhere else - including universities with a reputation for intellectual achievement that was not in dispute (Orleans, Oxford, Salamanca, Prague, Louvain, etc.) the area of recruitment was mainly 'national' (in so far as this word had a meaning in the Middle Ages), or, indeed, regional, or even local. From the fourteenth century on, university and state took various measures designed rather to discourage than to favour student mobility. 6

Kibre, Nations. 4O

Patterns Nevertheless, it has always been allowed that the universities had, at least in ideal terms, a universalist vocation. Although of course situated in a particular town or country, they could wield an influence over an area whose extent was not determined by the limits of any pre-existing ecclesiastical or political circumscription (diocese, province, principality, or kingdom) but simply by their intrinsic capacity to attract. This was, in turn, determined by the fame of their traditions and by the quality of their teaching. The journey to and the sojourn in a given place of study were regarded as two indissociable parts of university life, during which the student enjoyed to the same degree the same privileges. Medieval students were, by definition, foreigners. Moreover, at Bologna, those students who were strictly speaking natives did not belong to the university since, as citizens of Bologna, they continued to be members of the city community and enjoyed the rights and freedoms of the

SCHOLASTIC PEDAGOGY

Finally, medieval universities might be defined in terms of the kind and level of education available. It is not sufficient to speak only of 'higher education'. We must not elaborate here on questions to be discussed in the chapters of this history devoted to the various faculties, but it is important to bear in mind that, for the most part, medieval universities were structured in terms of pedagogic conceptions and classifications of knowledge which the twelfthcentury schools had bequeathed to them and which were often of a much more ancient provenance, dating from the Carolingian reformers (Alcuin), from the church fathers (Saint Augustine, Saint Jerome), and from theorists of antiquity (Quintilian, Varro, Boethius, Cassiodorus, etc.), who had themselves drawn their inspiration from Aristotle and Cicero.8 This inheritance was a threefold one, involving a classification, a hierarchy, and a method. The classification culminated in a fixed list of disciplines, which were themselves defined, for the most part, by the 'authorities', that is to say, the basic texts and the most 'authoritative' commentaries which served as their basis and elements of which, more or less complete by the twelfth century, would be used almost unchanged for university teaching in the following centuries. These disciplines were those which gave their names to the various faculties, namely, theology, law, medicine, and the liberal arts. In practice, a number of additional disciplines could be taught in the margins, as it were, and these were under the control of the traditional faculties (the 'notarial art' 7 8

Cobban, Medieval Universities, 69—70. R. R. Bolgar, The Classical Heritage and its Beneficiaries from the Carolingian Age to the End of the Renaissance (Cambridge, 1958); A. Piltz, The World of Medieval Learning (Oxford, 1981). 41

Jacques Verger alongside law, and surgery alongside medicine, at Bologna, for example); within particular faculties, one or another secondary branch, especially in the scientific 'arts' of the quadrivium (astronomy at Bologna and Padua, music at Salamanca), might also be developed to such an extent as to give rise to independent teaching or even the conferring of degrees. Such innovations were, however, rare and did little to alleviate the rigid character of the framework of disciplines and faculties which the universities had inherited and perpetuated. The main consequence of this way of proceeding was to debar whole branches of knowledge, which were not recognized by the traditional classifications, from university teaching. This was true of history, poetry, customary law, and the 'mechanical arts' (by which we would understand the applied sciences and technology). The cultural and pedagogic tradition of antiquity and of the early Middle Ages bequeathed to the universities, along with this rigid classification of the disciplines, the idea that there was a hierarchy among the disciplines themselves. This hierarchy was governed by positive criteria such as the more or less directly religious character of each discipline, its social usefulness, and its intellectual dignity; conversely, a discipline would be downgraded, or even excluded outright, if it in any way seemed 'profane', 'lucrative' (i.e. yielding profits to an individual), or 'mechanical' (i.e. concerned with matter). Any hierarchy constituted in this manner and expressing itself more concretely in university life, in terms of the according of precedence, powers, and prestige, was obviously bound to place the faculty of theology at the summit, with the faculties of law and medicine coming just below it and the faculty of arts being ranked last. One should not conclude from this, as we shall see, that this latter was, as has sometimes been suggested, merely a 'preparatory faculty' for the other so-called 'superior' faculties, or that arts students and teachers were necessarily excluded from every form of 'university power'. But the fact remains that no recognized medieval university was ever restricted to arts schools. Although the latter were, in various forms, fairly plentiful in the medieval West (above all, from the fourteenth century on), they were only granted university status when they were associated with, at the very least, a faculty of theology, law, or medicine. It was, however, rare in the Middle Ages to find a university with all of the various faculties. Prior to the 1360s, when the new faculties of theology proliferated, such universities were only to be found at Paris (although civil law had not been taught there since 1219), Oxford, and Cambridge. The other universities tended to have only two or three faculties or, indeed, just one (law in the case of the University of Orleans, for example). Those universities which had been founded from the 1380s onwards, were usually granted, on paper at least, the right to have 'all the authorized faculties' but, in practice, certain of these faculties, especially those of theology and medicine, had very low numbers or even a very intermittent existence. 42.

Patterns But the crucial point to grasp here is that, for the men of the Middle Ages, there could only be a university or studium generale where a discipline was taught that was 'higher', that is, perfect and completed, as much in terms of the 'authenticity' of the knowledge that it contained as in terms of its social purpose. In spite of the tireless attempts of medieval philosophers and scientists to affirm the independence and the lofty nature of their discipline, the arts never ceased to labour under the suspicion of being irredeemably marked by their profane origins in antiquity. As a consequence, they were never accorded anything other than a propaedeutic value, since incomplete disciplines in a Christian culture could claim no legitimate role other than that of helping one to gain access to the truly higher and self-sufficient forms of knowledge. In theory, as I have already said, all universities with the same faculties were supposed to guarantee the same level of teaching and to confer degrees that were equally valid throughout Christendom. In practice, as we shall see below, there were considerable disparities and the most important universities, especially Paris as regards theology and Bologna as regards law-which claimed, in their own favoured domain, a founding role, a genuine superiority, and a kind of mastery over the whole of Christendom - refused to admit that the degrees obtained in the other studia generalia were of equal value to their own. Finally, the methods of teaching adopted tended to be much the same in all the medieval universities. Admittedly, there were significant differences, in matters of detail, from one faculty, university, or period to another. However, considered overall, there was a kind of common spirit which could fairly be described, if one so wished, as scholastic. This was still, for the most part, an inheritance derived from the main centres of scholarship of the twelfth century, namely, the schools of logic and theology in Paris, the law schools in Bologna, and the schools of medicine in Salerno. What were the main features of this tradition? Apart from the general and exclusive use of Latin as the language of scholarly debate, one should note the primacy of two basic types of exercise, in all faculties, namely, the 'lecture' and the 'dispute'. The former consisted of a reading, with commentary, of the texts contained in the official syllabuses, thereby giving the student mastery of the 'authorities' who served as the basis of each discipline; the latter, an oral debate conducted according to the rules of Aristotelian syllogistics, depending upon constant references to the 'authorities' and serving to establish, defend, or refute a particular thesis or 'case', allowed one to resolve and to develop into a body of consistent doctrine problems of every kind (philosophical, juridical, theological, etc.) which arose out of the study and comparison of texts. The prevalence of this type of pedagogy, which was all the more pervasive for being defined as compulsory by the university statutes, had a whole range 43

Jacques Verger of different consequences. Firstly, it gave a crucial, propaedeutic role to grammar and dialectic, disciplines which were indispensable for anyone wishing to arrive at a good understanding of texts and at logically impeccable reasoning which was itself regarded as the primordial means of access to the truth. Secondly, it established the respective importance, within this form of teaching, of writing, which was a necessary support of the authorities and of the 'authorized' gloss, and of the spoken word, the normal medium for lectures and still more for disputes. Thirdly, and as a consequence of the above, it gave considerable importance to the personal relation between master and pupil. Fourthly, it also required constant recourse to memorizing and therefore to repetition, which generally demanded very long durations of study. These durations, which increased throughout the thirteenth century and only began to shorten to any extent in the fifteenth, varied from university to university and from faculty to faculty, ranging from four or five years in the arts faculties (and even seven or eight at Oxford) to twelve or thirteen at certain law faculties (Toulouse) and as many as fifteen or sixteen at the faculty of theology in Paris. So committed were the medieval universities to this form of pedagogy that they took it to excesses which many deemed paralysing. Indeed, they were virtually cut off from every other form of intellectual procedure, whether traditional (mystical exegesis, beloved of monastic culture) or innovatory (experimentation and measurement, philological and historical analysis); these latter, championed by the humanists, only began, with great difficulty, to make inroads into university teaching around the late fifteenth and early sixteenth century. Up until then, only the liveliest forms of doctrinal opposition had managed to achieve some sort of expression within this stiflingly uniform framework. The universities did not have a monopoly over 'scholastic' pedagogy. It also prevailed, albeit in an often simplified form, in the thirteenth and fourteenth century, in many urban schools and mendicant studia. Yet it was the universities that were responsible for perfecting scholasticism. More particularly, they were the only institutions - and this was one of the great innovations of the medieval university system - to link teaching and examinations closely together. Even if in fact, for various different reasons, many medieval students defaulted, as we shall see, before actually taking their exams, the examination was conceived as the normal culmination of a course of study, which entitled one to an official degree. The examinations were mainly oral and were subject to the most meticulous specifications (although this concern with minutiae obviously did not rule out deception and cheating); they served to confirm that a student had mastered the knowledge and techniques which had been inculcated in him, and that he was capable of reproducing the exercises where he had up until then been a merely passive listener. The baccalariatus, where it existed, generally involved carrying out a 44

Patterns simplified 'reading', whereas the granting of the licentia depended upon the winning of a dispute, and a doctorate was nothing other than the solemn inauguration of an 'ordinary' teaching post. The above is obviously no more than a general, fairly abstract framework, whose concrete application, local peculiarities, and long-term transformations will be illustrated in subsequent chapters. To summarize the argument so far: a medieval university was not only a papal foundation guaranteeing its members a range of different privileges; it was also an independent community, with an often complex internal structure, committed to a specific type of teaching, and recruiting its members from the whole of the geographical area over which it wielded influence (an influence which could, ideally speaking, be extended across the whole of Christendom). THE DIVERSITY OF MEDIEVAL UNIVERSITIES

Our first task was obviously to attempt a definition of the medieval university. Yet, were we to stop short at this point, the reader would be left with a far too uniform and static idea of the phenomenon, for the sixty or so universities of the medieval West were in fact extremely various as regards their numbers, their intellectual orientation, their social role, and the university institutions themselves. This diversity was the product of both history and geography. Indeed, the particular qualities of each medieval university can largely be accounted for in terms of the date of its establishment, the conditions under which it was founded, and the social and political situation of the town and region in which, whether by chance or design, it was installed. It is therefore appropriate now to retrace in broad outline the chronology of the university foundations which occurred in medieval Europe, together with a brief account of their respective localities.9 Yet this seemingly simple task runs up against a number of practical difficulties. Since the first universities arose gradually out of pre-existing schools, the fixing of an exact date of birth is always awkward. If, for example, one were to accept the solemn papal confirmations or the first written statutes which have survived (1215 and 1231 for Paris, 1220 for Montpellier, 1252 for Bologna), one would invariably end up with dates that are clearly too late. If, in spite of all the complications involved, one can generally agree, as we shall see below, that a decisive change in the nature of the institutions involved occurred within a 'fork' of ten to fifteen years (as was the case at Bologna, Paris, Montpellier, and Oxford, all four of which would seem to have become genuine universities between 1200 and 1215, or possibly a little earlier in the 9

Save where contrary information is available, I have followed Rashdall, Universities; L. Jilek (ed.), Historical Compendium of European Universities (Geneva, 1984).

45

Jacques Verger case of Bologna), there are a number of other cases in which such a change would seem to have dragged on interminably, as was the case at Orleans (where the word universitas was first used in 1236, with the papal bull being dated 1306) or at Angers (where we know of schools of law as early as 1230, but where the first use of the expression studium generate dates from 1337, and where the papal confirmation only occurred in 1364).10 In the latter instances, the choice of a date of birth can only be arbitrary. For the more recent universities, there is usually a clearly dated papal letter of foundation (sometimes preceded or followed by a princely charter). But the real launching of such institutions often occurred a few years later and, most crucially, there were false starts. Thus, the University of Toulouse, although officially created in 1229, enjoyed a somewhat precarious existence up until the 1260s. The University of Vienna, founded in 1365, only really became active in 1383, with the arrival of teachers who had been hounded out of Paris by the Great Schism. The University of Cracow, which was established in 1364, rapidly disappeared from sight, being revived only in 1400, upon the initiative of King Ladislaus Jagello, with new papal bulls. In cases such as these, it obviously makes no sense to hold to one date only. There were also many projects for the foundation of universities which were stillborn, even if things sometimes proceeded as far as the granting of a papal bull. Rashdall's classic manual on the subject cites some fifteen 'paper universities' of this kind, and his list is almost certainly incomplete.11 Such failures are invariably of interest to the historian. A number of them, being no more than projects arising out of a prince's whim or a chance concatenation of circumstances, are easily explained. Others are more difficult to understand. Why, for instance, did the universities projected for Lucca, Lyon, or Geneva never see the light of day? Each of these cases requires a monograph by itself. But, for our present purposes, these failed attempts must be set to one side. Studia generalia which indisputably existed but which were ephemeral, intermittent, or in decline pose a much more serious problem for the historian. This category would include, for example, various studia of northern Italy (Vicenza in 1204-10, Arezzo in 1215-55 a n d t n e n again around 1338, Vercelli from 1228 to the end of the thirteenth century) which arose as a consequence of the migration of teachers and students from the two main universities, Bologna and Padua, and which, for the most part, fell into decline and disappeared fairly quickly, after a few years of activity, when the majority of their members returned to their universities of origin, once the conflict which had led to their departure had been settled. A number of other universities, mostly fourteenth-century foundations, failed to develop sufficiently, either because of the general 'troubles' of the period, or because a 10

Universite's en France, 41-2.

n

Rashdall, Universities, vol. II, 325-31.

46

Patterns favourable social or political milieu was lacking. A few continued nevertheless to lead a humdrum, even vegetative, existence right up until modern times, as for example the Universities of Cahors and of Orange in France, the University of Huesca in Aragon, and that of Ferrara in Italy. Others were obliged to shut their doors fairly rapidly, as, for example, the University of Palencia in Castile, the University of Grenoble in Dauphine, and the Universities of Treviso, Florence, and Piacenza in Italy. Such matters are all the more difficult to assess, as one can well imagine, given the fact that the decline and disappearance of these institutions generally left no other trace than that of increasing gaps and silences in the documentation. But one should not therefore disregard these universities, whose character as studia generalia is usually well established. While, in spite of everything, it is relatively easy to draw up a list of the universities founded during the Middle Ages, the real difficulty is to establish which, at any given date, were the truly active studia generalia. The maps assembled at the end of this chapter are intended to give some idea of this, but they have the drawback of making no distinction between big and little universities, between complete universities and universities with one or two faculties, and between universities which wielded some influence over a large area and universities which were merely local. It would seem difficult, not least because of the present state of research, to imagine any system of representation that would be sufficiently fine to bring out the interplay of these various parameters (which themselves vary over time). But one should at least bear this problem in mind when one seeks to understand the place and the role of universities in medieval society and civilization. THE BIRTH OF THE UNIVERSITIES

Broadly speaking, one can distinguish three different phases in the development of the medieval universities. The first phase, obviously, is that of the birth of the universities. The crucial event here was the emergence of the Universities of Paris and Bologna, which, although very different from each other, would continue to be the most famous ones up until the end of the Middle Ages. One should not, of course, exaggerate the differences between these two universities or, above all, overemphasize the extent to which they served as models for all subsequent foundations. Nevertheless, the crucial role that they played in the first elaboration of the university as an institution justifies our pausing a moment to consider the conditions surrounding their birth. Let us begin with Bologna, which clearly deserves, because it was a handful of years ahead of any other, the somewhat vain title of oldest European university. We cannot, however, assign an exact date to this birth. It seems more important to stress that the University of Bologna inherited a long tradition of 47

Jacques Verger law teaching.12 Private law schools had existed in Bologna since the second half of the eleventh century. Although their origin is obscure, the context in which they arose is quite clear, namely the particularly precocious renewal of urban life in northern Italy and the revival of written law in places that were, from 1075 onwards, the main theatre for the great political confrontation between the papacy and the empire. The first professors at Bologna of whom we know were Pepo, who taught around 1070-1100, and, more especially, Irnerius, whose presence there is attested for the years between 1112 and 1125 and to whom we owe the restructuring of the whole of the Corpus iuris civilis (that is to say, the whole of Roman law as codified in the sixth century by the Emperor Justinian) and the beginnings of the 'Gloss' (that is to say, the commentary upon the text of the Corpus in accordance with the rules of dialectic). Towards the year 1140, the monk Gratian, who was also at Bologna, performed a similar service in relation to canon law. The progress of the Bolognese schools was such that, in 1155, the Emperor Frederick I Barbarossa placed their students under his direct protection and declared them subject only to the jurisdiction of their masters or of the bishop of Bologna (and not to that of the local civil authorities).13 There is no indication, however, that, up until around 1180, the Bolognese law schools were anything other than private schools opened and run by each master after his own fashion, gathering together the students who had entered into an agreement with him and paid him fees {collectae) in return for his teaching. The crucial change would seem to have taken place around the years 1180-90.14 The number of students, often from very distant countries (Germany, France, England), was growing even faster. Rival schools were developing in neighbouring towns (Modena). At Bologna itself, the commune, whose independence was growing even greater, sought to win more control over the masters and students, while at the same time preventing them from fleeing to rival towns. The masters, who were themselves mainly Bolognese in origin, agreed from 1189 to swear an oath to the commune not to seek to transfer the studium elsewhere. The students, on the other hand, began to group themselves in 'nations', according to their places of origin (we hear of the Lombard nation as early as 1191), and these were soon federated into 'universities' with elected rectors at their head. These associations were meant to guarantee the mutual aid and protection of the students against the exactions of the local people and local authorities. After a few false starts, the classical 12

13

14

With regard to the beginnings of the university of Bologna, see, in addition to Rashdall, Universities, and Cobban, Medieval Universities, M. Bellomo, Saggio sull'universitd nell'etd del diritto comune (Catania, 1979). On the Bologna schools of the twelfth century see G. Cencetti, ' "Studium fuit Bononie" ', Studi Medievali, series III, 7 (1966), 781-833 (republished in G. Arnaldi (ed.), Le origini deirUniversitd (Bologna, 1974), 101-51). J. K. Hyde, 'Commune, University, and Society in Early Medieval Bologna', in Universities in Politics, 17-46.

48

Patterns system of the two cismontane and ultramontane universities would seem, around 1230-40, to have assumed its definitive shape. The rectors, unlike the doctors, refused to swear an oath to stay in the one place, whereas the commune, with the agreement of the teachers, sought by means of various statutes (1211,1216-17) to check the further development of student universities which were already well and truly constituted and, in addition, enjoyed the support of the pope. The latter, by presenting himself as the defender of the 'liberty of the students', managed to extend his authority over institutions that had up until then been mainly secular. Thus, in 1219, he decided that from then on it would be the archdeacon of Bologna who would confer a licentia, after a rigorous examination; up until then, the awarding of titles would seem to have been left to the masters' discretion. The struggle was a protracted one, but the energy of the students, the growing threat to the very existence of the studium of Bologna posed by the emergence of those of Arezzo (1215), Padua (1222), and Naples (1224), and, finally, the development of Bologna's communal government, in which the 'popular' party, more favourably disposed towards the schools, had gained the upper hand, allowed a compromise to be reached. The town recognized the independence of the universities, which were therefore under the jurisdiction of their rectors, whilst at the same time giving the students, as far as lodgings, provisions, and access to credit and justice were concerned, the same guarantees as were enjoyed by the citizens of Bologna. These concessions, which had already been implied in the communal statutes of 1245, were solemnly ratified only in 1274-90. To understand the nature of this development, one should bear in mind that the law students in Bologna were generally adults, often recruited from fairly high up in the social scale, and sometimes the holders of offices or benefices, which naturally conferred independence and maturity upon them. In the meantime, these same student universities had also succeeded in assuming virtually total control of the organization of studies. Thus, it was they who hired the teachers, by means of a yearly contract which fixed their fees and committed them to a strict schedule for the reading of the specified books of the Corpus iuris civilis or of the Corpus iuris canonici. This system is known to us through the university statutes of 1252, which are the oldest surviving ones and whose drafting may be taken to symbolize the moment at which the university became definitively stabilized as an institution.15 So it was that the university which was to serve as a model for the whole of southern Europe was born. Since the model was for a 'students' university', the doctors, although they did not lose their undeniable social prestige, and 15

D. Maffei, 'Un trattato di Bonaccorso degli Elisei e i piu antichi statuti dello Studio di Bologna nel manoscritto 22 della Robbins Collection', Bulletin of Medieval Canon Law, new series, 5

49

Jacques Verger although they did in the end establish colleges of their own,16 found themselves marginalized in institutional terms. In addition, the fact that it was a model for a university which was, above all, juridical played a large part in consolidating the role of jurists in every aspect of life in the societies and states of western Europe. In the course of the thirteenth century, other forms of instruction were also established, in the wake of the juridical universities, at Bologna. 'Arts' schools undoubtedly existed there from before 1220. The training of students attending such schools, many of whom were subsequently to become jurists, involved the teaching, above all, of grammar and of rhetoric (in the educational form of the ars dictaminis, that is, the epistolary art), together with a fair amount of logic, but with almost no natural philosophy. The schools of medicine made their appearance around 1260. Gradually, a university of arts and of medicine was established, with institutions directly inspired by those of the juridical universities; it was only in 1316, however, that its full independence, under an elected rector, was recognized by the universities of law and by the commune. The University of Paris, which came into being at almost the same time as that of Bologna, had very different qualities.17 It owed its origin to the schools which appeared in Paris from the end of the eleventh century. However, one should distinguish between the traditional ecclesiastical schools, the principal one being that of the chapter of the cathedral of Notre-Dame, and the private schools opened by independent masters (although obliged, at any rate after 1150, to request a licence to teach' from the chancellor of Notre-Dame). The school of Notre-Dame was, above all, a school of theology and it was run, in the second half of the twelfth century, by a series of famous masters, such as Peter Lombard, Peter Comestor, and Peter the Chanter, who composed the manuals upon which the teaching of theology, until the end of the Middle Ages, depended. The content of the courses taught in the private schools was more varied for, although their speciality was dialectic, grammar, law, and medicine were also taught there. In the closing decades of the twelfth century, such schools undoubtedly proliferated. More and more students, often from distant parts (England, Germany, Italy), flocked to them. This rapid, almost uncontrolled growth gave rise to many problems, both material (lodgings, provisioning, and public 16

There is considerable controversy regarding the date at which the Bolognese 'doctors' colleges' first appeared. Some scholars believe that embryonic forms already existed as early as the end of the twelfth century, but P. Weimar, 'Zur Doktorwiirde der Bologneser Legisten', Aspekte europaischer Rechtsgeschichte. Festgabe fur Helmut Coing zum jo. Geburtstag (Frankfurt, 1982), 421-43, reckons that their final organizational form was not achieved until

17

J. Verger, 'Des ecoles a Puniversite: la mutation institutionnelle', in R.-H. Bautier (ed.), La France de Philippe Auguste. Le temps des mutations (Paris, 1982), 817-46; J. Verger, 'A propos de la naissance de l'universite de Paris: contexte social, enjeu politique, portee intellectuelle', in Schulen und Studium,

1291.

50

Patterns order) and institutional and intellectual. The new masters chafed at the power over them, limited though it was, that the bishop and the chancellor claimed to wield; the latter were themselves troubled, as were many of the masters, by the proliferation of the schools and by the resulting 'confusion' in instruction, the major dangers in their eyes being obviously the advance of the 'lucrative disciplines' (law) and the success of Aristotle's philosophical texts, the translations of which were then becoming current in Paris.18 Given these conditions, the birth of the University of Paris can be interpreted as a kind of compromise between the parties involved. It allowed the masters, and the masters of arts in particular, certainly as early as 1208-10, to form themselves into an autonomous guild, to endow themselves with statutes, to co-opt their new colleagues, and to elude the direct control and exactions of the chancellor of Notre-Dame - in short, to form a university in the sense defined above. On the other hand, the ecclesiastical authorities, together with the already established masters, the masters in theology in particular, benefited from the institution of obligatory syllabuses, detailed curricula, rigorous examinations, and valuable guarantees against the proliferation of new schools and the anarchic 'confusion' of disciplines; it imposed, through the bias of the university institutions themselves and, more especially, through the distinctions between the various faculties, a respect for the classifications and hierarchies upon which Christian knowledge had traditionally been based. This compromise was not achieved without struggles, which lasted up until 1231. Indeed, they would have continued longer, had the king of France and the pope not intervened and acted as arbiters, very much in the schools' favour. The king allowed the students the personal privileges of clerics as early as 1200, and the pope solemnly granted the university its first official statutes, in 1215 and in 1231. Yet this support was counterbalanced by other factors. The popes, in particular, set out to supervise the organization of teaching and to have the new institution serve their own ends, namely the defence and exposition of orthodox doctrine against the threat of heresies, and the training of effective theologians and preachers. Having prohibited the teaching of civil law in Paris in 1219, on the grounds that it was too profane, they lost no time in compelling the university to incorporate the theology schools of the new mendicant orders (1220) and, in spite of the very violent dispute between mendicant friars and secular masters (1250-6) which finally erupted in relation to this issue, they remained unyielding.19 It was during this same dispute, and in the years that followed, that the University of Paris finally settled upon the institutions that it was to keep until the end of the 18

19

S. C. Ferruolo, The Origins of the University. The Schools of Paris and their Critics. 11001215 (Stanford, 1985). M.-M. Dufeil, Guillaume de Saint-Amour et la polemique universitaire parisienne. 1250—1259 (Paris, 1972). 51

Jacques Verger Middle Ages, with the constitution of the 'four' nations (from 1220 on), the creation of the office of rector, who was elected from the company of the masters of arts (around 1240), and the emergence of the 'higher' faculties, with their own statutes and dean (around 1260). Throughout this long history of conflict, the university essentially consisted of the masters. The University of Paris was in fact a 'university of masters', a federation of schools in which, while maintaining their personal authority over their own pupils within their particular school, the masters, by means of their councils and their elected officers, collectively administered the whole of the studium and abided by a common agreement as regards all matters concerning teaching and examinations. As explained above, the majority of these masters, who therefore dominated the nations and elected the rector, were the young masters of arts, often themselves students or about to be students of theology, law, or medicine. This fact had an indisputably 'democratic' impact upon the operation of the University of Paris as an institution, even if it was bound to lead to repeated clashes with the masters of the 'superior' faculties. If so much space has been devoted to the two oldest European universities, it is not only because, up until the end of the Middle Ages, they continued to be the most famous, with the largest teaching staff and the widest geographical influence, but also because they generally served as models for the majority of the more recent foundations. A more rapid listing seems appropriate for the latter, however. Some of them are, in fact, almost as old as Bologna or Paris. As we have already seen, the schools of medicine at Salerno did not really undergo much development in the course of the thirteenth century; the statutes granted them in 1231 by the Emperor Frederick II established a degree system but denied them all independence. On the other hand, the schools of medicine at Montpellier, whose existence is attested at least as early as the 1130s but whose origin remains obscure, became a genuine 'university of medicine' in the course of the thirteenth century. The statutes this university received in 1220 from a papal legate placed it under the authority of the church but also confirmed the doctors' authority over the studium. In these same years, the University of Oxford was born. The siting of the first English university in this small market-town, which was not even the seat of a bishop, is somewhat surprising, and chance must have played a part in it. One should bear in mind, however, that Oxford had long had several ecclesiastical establishments, which may have provided a point of departure. At any rate, even if it is certain both that a series of contributions from the University of Paris played a part in developing it further and that its institutions took their inspiration from the Parisian ones, it was indisputably an autochthonous and original university. There were schools in operation in Oxford from at least as early as the middle of the twelfth century; an embryo52

Patterns nic university organization was in existence from 1200, even before the first papal statutes (1214), which were complemented by royal charters, had established its first institutions (the chancellor, the proctors of the nations, and the 'congregations' of the masters), while at the same time guaranteeing its independence from both the bishop of Lincoln and the local population and civil authorities.20 The two principal ways in which, up until the end of the Middle Ages, a university came to be founded, the 'swarm' or the establishment of such an institution by prior decision of the civil or ecclesiastical authorities, were already familiar in the first decades of the thirteenth century. A swarm involved a group of masters and students leaving their university of origin, generally after a dispute with the local authorities, establishing themselves in a new town, and recreating a university there. Migrations of this sort were generally provisional, with settlement of the dispute resulting in a return to the original university. Yet, where conditions were favourable, a new university might be founded. This is precisely what happened in Cambridge, with masters and students fleeing Oxford between 1209 and 1214 (following the arrest and execution of a few students, upon the orders of the mayor and the king). In France, the ancient schools of Orleans and Angers undoubtedly benefited from the flight of masters and students from Paris in 1229-31 (they were seeking reparation for the death of a number of students at the hands of the royal serj eants), even if, as we have seen, it was only much later that they won official recognition of their university status. Yet it was northern Italy that was the heartland of university migrations, very probably because of its economically developed condition, its division into rival city states, and, as noted above, its system of student universities, which were especially suited to geographical mobility. In addition, the various disputes which, in the first half of the thirteenth century, marred relations between the University of Bologna on the one hand, and the commune and the emperor on the other, gave rise to a series of secessions. However, only one of these gave birth to an important university, that of Padua (1222). Yet this university, whose institutions and intellectual orientation clearly reflected its descent from the University of Bologna, did not really make any noteworthy advances until after 1260.21 There may have been a university at Reggio Emilia from around 1188, and there were undoubtedly universities at Vicenza between 1204 and 1209, at Arezzo in 1215 and up until around 1255, at Vercelli (the result of a migration from Padua between 1228 and 1244), and at Siena from 1246 to 1252, but all of these institutions shone brightly for a brief period, only to disappear after a few years, leaving behind 20 21

History of Oxford, vol. I, 1-95. G. Arnaldi, 'Le origini dello studio di Padova dalla migrazione universitaria del 1222 alia fine del periodo ezzeliniano', La Cultura, 15 (1977), 388-431.

53

Jacques Verger them a local memory which would serve to justify, in the fourteenth century, a number of generally vain attempts to revive them. It was also in the thirteenth century that the civil or ecclesiastical authorities first, of their own accord, took the decision to create or, as the saying went, to 'plant' universities. Even where there were founding acts of this nature, earlier schools often existed and, indeed, provided the basis for the new university. Yet such acts generally implied recourse, with varying degrees of completeness, to an established institutional model. In addition, one can interpret them as signs that clearly conceived social and political aims were invested in the new foundations from the very beginning, even if they were not always fully realized subsequently. The University of Naples, which was founded in 1224 by the Emperor Frederick II to compete with that of Bologna and to train the jurists whom he required, was one of the first of this type. Although closely supervised by royal officers, it was granted the minimum of corporate organization that would enable one to speak of a university. Furthermore, very probably because of southern Italy's troubled development in the thirteenth century, it did not manage to develop much further, in spite of a series of 'general reforms', effected as much by Frederick II and his immediate successors as under the Angevin dynasty.22 The first foundation of this type in France was that of the University of Toulouse, which was established through the Treaty of Paris, after the crusade against the Cathars and the count of Toulouse (1229). This foundation, which was obviously fairly unpopular locally, took a long time to gain ground, and only did so, during the 1260s, at the price of a fairly profound alteration in its nature. Instead of the religious, proselytizing university that had first been planned, there developed a predominantly juridical university, which was more in harmony with the southerners' expectations.23 Our list of 'created' universities ought also to include the one that Pope Innocent IV chose to establish in the curia itself (studium curiae, 1245). Yet it was undoubtedly in the Iberian peninsula that, from the thirteenth century, the political authorities interfered most directly in the development of the universities, a fact which can very probably be explained by the tendency of the Spanish sovereigns to take the whole of the organization of their kingdoms into their own hands, as they were constituted through the gradual advance of the Reconquista. As early as 1208, Alfonso VIII, king of Castile, introduced salaries for the teachers at the cathedral school of Palencia. It is hard to decide if these privileges, confirmed in 1220 by a papal bull, served to create a genuine university. Be this as it may, the studium of Palencia, which remained in operation for a number of years, above all for the liberal arts and 22

23

G. Arnaldi, 'Fondazione e rifondazioni dello studio di Napoli in eta sveva', in Universita societa, 81-105. Les Universites de Languedoc au XHIe siecle, Gahiers d e Fanjeaux, 5 (Toulouse, 1970).

54

e

Patterns theology, would seem to have disappeared around 1250. In the meantime, royal favour had shifted to Salamanca. Indeed, a chronicler records that, in the winter of 1218-19, Alfonso IX of Leon had founded a university at Salamanca. Royal privileges of 1254, ratified by a papal bull of 1255 and reiterated in the famous juridical compilation known as the Siete partidas (around 1260), culminated in the definitive recognition of a genuine studium generale at Salamanca, which was under the strict control of the local ecclesiastical dignitaries but clearly endowed with all the traditional privileges. Its organization, which we only know of through a series of very late statutes (1411, 1422), was undoubtedly of a mixed type, borrowing more elements from Bologna than from Paris. Another studium generale of the same type was founded at Valladolid before the end of the century, endowed by the king of Castile and enjoying his full protection, although the papacy did not fully recognize its status as a university until 1346. The University of Lisbon was of much the same kind, and was founded and endowed by Denis, king of Portugal, and by a number of the kingdom's ecclesiastical dignitaries (the Cistercian abbot of Alcobaca, in particular) around 1288, a foundation which was confirmed by the pope in 1290. So it was that, by the end of the thirteenth century, the universities, although still few in number, had become institutions of central importance in European cultural life, places dedicated to the production and diffusion of ideas, indeed, even sites of genuine 'intellectual power', 24 as well as for the training of ecclesiastical or civil elites. Eighteen studia generalia emerged prior to 1300,25 of which fifteen (or sixteen, if one includes Salerno) were very probably quite active at this date. A number of them had certainly already attracted several thousand students, of very varied origin; these would continue to be the main European universities up until the end of the Middle Ages (Bologna, Paris, Montpellier, Oxford, Padua, Salamanca, Cambridge). Other universities had a strong influence locally. UNIVERSITIES AT THE END OF THE MIDDLE AGES

Given that new universities were still being founded, possibly in even greater numbers, in the course of the fourteenth and fifteenth centuries, there is cause to question the traditional diagnosis which has it that the universities 'declined' at the end of the Middle Ages. The first phase may be said to end in 1378, when the Great Schism began. This phase, as well as involving the definitive recognition of the university status of centres founded prior to 1300, such as Orleans, Angers, and Valla24

25

H . G r u n d m a n n , ' "Sacerdotium - R e g n u m - S t u d i u m " : zur W e r t u n g der Wissenschaft im 13. Jh.', Archiv fur Kulturgeschichte, 34 (1952), 5-21. T h e n u m b e r would be twenty-three if one were t o include the disputed cases of Salerno, Reggio, Piacenza (papal bull of 1248, but very probably w i t h o u t effect), Palencia, and Seville.

55

Jacques Verger dolid, saw the creation of nineteen new universities, namely Lerida (1300), Avignon (1303), Rome (1303), Perugia (1308), Treviso (1318), Cahors (1332), Grenoble (1339), Pisa (1343), Prague (1347), Florence (1349), Perpignan (1350), Huesca (1354), Arezzo (1355), Siena (1357), Pavia (1361), Cracow (1364), Orange (1365), Vienna (1365), and Pecs (1367).26 A total number of twenty-eight (or thirty-one if one includes Salerno, Verona and Lucca), would seem to have been genuinely in operation in 1378. Without going into details regarding these later foundation, their general characteristics should none the less be reviewed. First of all, the initiative of the authorities, whether ecclesiastical or, as was more and more the case, civil, was from now on the crucial factor - even if the presence of earlier schools and, more broadly, the existence of a favourable social and cultural milieu were common and, indeed, virtually necessary elements in the successful development of a new foundation. In Avignon, Perugia, and Prague, for example, such new foundations began by confirming the elevation to university status of important pre-existing schools. On the other hand, in places such as Treviso, Grenoble, and Huesca, where virtually nothing existed, the universities seem to have been fairly arbitrarily implanted and quite often languished or even disappeared at the end of a few years. Adopting an overall view, prior to 1378, only universities with relatively low numbers and slight influence - Prague excepted - arose in the course of the fourteenth century. The majority of these universities (fifteen out of nineteen) were located in southern Europe, and the dominant faculty was generally that of law, the others being non-existent or, at best, having low numbers and a mediocre level of achievement. Consequently, these universities generally adopted statutes modelled on those of Bologna, but they usually adapted them to the local social and political situation and tried to avoid the complete separation of student universities and doctors' colleges that characterized the system at Bologna itself. If one excepts Paris and Oxford, southern Europe had been the favoured terrain for universities, because of its higher levels of urbanization, because of its traditions of written law, and, possibly, because of the earlier progress made by lay elements in society there. However, a movement for the creation of new universities outside this area arose in the middle of the fourteenth century, the turning-point being the founding of the University of Prague in 1347. Up until then, the Holy Roman Empire and central Europe had remained a little outside this movement, very probably because of the preponderance of the nobles. As the latter were able, when they so desired, to send their sons to study in Paris or in Bologna, they had little desire to see the 26

Or twenty-one if one were to regard the studia of Verona (it was granted a papal bull by Pope Benedict XII in 1339) and Lucca (imperial bull in 1369) as enjoying university status. One should also bear in mind that Arezzo and Siena had already fostered studia generalia, for a period of some years, in the thirteenth century.

56

Patterns emergence of autochthonous universities, which would be easier to enter, thereby providing the children of the bourgeoisie and the peasantry with opportunities for social climbing and by the same token reinforcing the political weight of the church and of the towns. Yet economic development and the awakening of national sentiments made the movement for the creation of new universities ever more powerful. In 1347, it prevailed, with the help of the pope and, above all, that of the new emperor, Charles IV - a prince of French culture and a man very much in favour of the university as an institution. 27 After some years, the University of Prague met with considerable success, attracting hundreds of German, Czech, and Polish students.28 This success spawned a number of imitations, whose early stages were, however, far more laborious: in Austria the University of Vienna, which was created in 1365 but languished up until 13 8 3; in Poland the University of Cracow, which was founded in 1364 but was very soon in trouble and had to be reestablished in 1397-1400; and in Hungary the University of Pecs, founded in 1367, but which only lasted ten years. As in so many other areas of European history, the Great Schism, which began in 1378, represents a genuine rupture in the history of the universities, which was all the more dramatic for unfolding against a background of crisis (plagues, wars, and economic depression). The unit of medieval Christendom was irremediably shattered, and universalist pretensions, such as were cultivated at the University of Paris, were no longer in fashion. Here one is witness to the birth of the modern state and to the awakening of national sentiments. Given this context, it is not hard to understand why universities should have proliferated. Indeed, seven were founded or reopened between 1378 and 1400, eighteen between 1400 and 1450 (indeed, twenty, if one is prepared to count Parma and Gerona), and twenty-two between 1451 and 1500. The twenty-eight (or thirty-one) universities operative in 1378 became thirty-one (or thirty-four) in 1400 and sixty-three (or sixty-six) in 1500. New foundations sprang up throughout Europe, with seven in the Iberian peninsula (or eight with Gerona), eight in France, fifteen in Germany (to which one can add the University of Louvain, founded in 1425 by the duke of Brabant), nine in the kingdoms situated on the western and eastern fringes of old Europe (Scotland, Scandinavia, Poland, and Hungary), and, finally, eight in Italy. There it was admittedly not so much a question of genuinely new foundations, save at Ferrara (1391), Turin (1404), and Catania (1444), as of the reopening of 27

28

In addition to Prague, the Emperor Charles IV granted diplomas either founding or ratifying the foundation oistudia generalia in Cividale in Friuli (1353, but it remained a dead-letter), Arezzo (1355), Perugia (1355), Siena (1357), Pavia, (1361), Florence (1364), Orange (1365), and Lucca (1369). P. Moraw, 'Die Universitat Prag im Mittelalter. Grundziige ihrer Geschichte im europaischen Zusammenhang', in Die Universitat zu Frag, Schriften der sudetendeutschen Akademie der Wissenschaften und Kiinste, 7 (Munich, 1986), 9-134.

57

Jacques Verger universities in towns which had already given shelter to studia generalia in the thirteenth or fourteenth century. England alone was untouched, with no new foundation emerging to challenge the age-old monopoly of Oxford and Cambridge. Far more than had been the case in the past, these new universities were mainly founded upon the initiative of princes or of towns, which would grant them, along with their first privileges, their initial material and financial endowments. Being simultaneously the founders and protectors of these institutions, they derived both prestige and a crucial nursery of clerics, preachers, and jurists from them. However, a confirmatory papal bull was generally required and, needless to say, many of these new foundations in fact depended upon pre-existing schools. This does not mean that, by the end of the fifteenth century, the European university network was virtually complete. After all, new universities were still being founded in the sixteenth century. However, a number of people began to grow anxious, in the course of the fifteenth century, about the proliferation of new foundations. The ancient universities tried, with varying degrees of success, to preserve their local monopoly. Thus, the University of Paris, believing that the towns of Caen and Bourges were too close, sought to check the creation of new universities there. In the kingdom of Aragon, the University of Lerida never ceased reminding the world at large of the monopoly granted it in 1300 by its founder, King Diego II, in order to impede plans for the founding of universities in other cities, in Barcelona in particular.29 Likewise, in Italy, Pavia managed to establish its right to remain the one and only university within the duchy of Milan, and thus to restrict the claims of existing or projected schools in Piacenza, Parma, and Milan itself. On the other hand, it should be appreciated that very few of the universities founded after 1378 foundered altogether, since many managed to survive at a fairly mediocre level, both as regards numbers and as regards the influence of their teaching. The most dynamic foundations of the fifteenth century were undoubtedly in the northern half of the kingdom of France (Poitiers, Bourges, Caen), in Louvain, in Cracow, and in Germany. These universities were large institutions, often with several hundred students of varied origin, and their numbers rose steadily in the course of the century.30 Further, these universities were favourably regarded by the local people and by the local civil and ecclesiastical authorities, and were therefore the recipients of generous donations, benefiting the university itself, the colleges, and the university teachers. The Hanseatic Universities of Rostock and Greifswald are outstanding instances of this type of university. Finally, they 29

30

C. Carrere, 'Refus d'une creation universitaire et niveaux de culture a Barcelone: hypotheses d'explication', he Moyen Age, 85 (1979), 245-73. T h e increasing size of the student body in German universities of the fifteenth century has been established by R. C. Schwinges, in his Vniversitdtsbesucher.

58

Patterns were intellectually ambitious universities, capable of retaining the services of masters of some renown. These institutions thereby succeeded in promoting new currents of thought and original teaching (the new astronomy at Cracow, humanism at Vienna, 'nominalism' at Tubingen), in short, in reviving, for their own benefit, the creative vocation which had seemed up until then to be the prerogative of the oldest centres of learning, such as Paris or Oxford. These new universities in the northern half of Europe generally took the main features of their organization from the Parisian model. They therefore tended to have the four 'classical' faculties (arts, theology, law, and medicine), the most important being the arts faculty, which had the largest numbers and the theology faculty, in which secular masters and mendicants shared out the teaching between them. These were 'masters' universities', although at Prague, for example, or at Vienna or St Andrews, the students were sometimes able, at least in the early years, to play a part in certain elections and decision-making processes. At Prague, Vienna, Louvain, St Andrews and Glasgow, there were, as in Paris, four 'nations', but the masters of arts never achieved the kind of dominance they enjoyed at Paris or at Oxford. Each faculty had its own dean, and authority over the whole university was wielded by a council of masters, from all the faculties, which generally elected the rector. The universities which had been founded in the fifteenth century were usually equipped, at any rate officially, with 'all the authorized faculties', either right from the start or else after a few years (at Rostock, the theology faculty was only inaugurated in 1431, a full twelve years after the founding of the university). Conversely, the majority of those born before the middle of the fourteenth century were incomplete, and could only boast one, two, or three faculties. To be more specific, the popes, concerned to exercise strict control over the teaching of theology and the proliferation of the prestigious degree of master of theology, had only sanctioned its teaching at a university level in Paris, Oxford, and Cambridge and at the studium of the curia.31 This policy was abandoned from the 1360s, undoubtedly upon the initiative of Pope Urban V.32 The call for a degree of decentralization of theological instruction was now being heard on all sides, for the teaching in Paris, torn apart by the quarrels between 'nominalists', Scotists, Thomists, and so on, could no longer provide such guarantees of orthodoxy as would justify the virtual monopoly which it 31

32

Which obviously did not stop numerous theology studia, often of a very high level, from functioning within the mendicant orders' own educational networks; he scuole degli ordini mendicanti (secoli XIII—XIV) (Todi, 1978); F.-B. Lickteig, The German Carmelites at the Medieval Universities (Rome, 1981). E. Delaruelle, 'La politique universitaire des papes d'Avignon - specialement d'Urbain V - et la fondation du College Espagnol de Bologne', in El Cardenal Albornoz y el Colegio de Espana, vol. II (Bologna, 1972), 8-39. 59

Jacques Verger enjoyed. Furthermore, there was now a more rigorous definition of the notion of the stadium generate, and there were increasing local and national pressures for the establishment of autochthonous theology faculties. The end of the Middle Ages therefore saw the constitution of numerous such faculties by papal bull, namely Toulouse and Bologna in 1360, Padua in 1363, Pavia in 1389, Salamanca in 1396, Lisbon in 1400, Avignon in 1413, Montpellier in 1421, Lerida in 1430, Valladolid in 1436, and Perpignan in 1447, amongst others. Around the end of the fourteenth century, Vienna and Cracow received the right to have theology faculties, although they had been explicitly refused that right twenty or thirty years earlier, at the time of their original foundation (at Prague, admittedly, the theology faculty had existed from the start). In general, however, this proliferation of theology faculties mainly affected the southern universities and, in practice, it often led to already existing mendicant studia being granted university status (which gave then the right to confer degrees), through their integration into the local university.

UNIVERSITY COLLEGES

No typology of medieval universities, even if a cursory one, would be complete without a mention of university colleges. The first university colleges appeared in Paris, at the end of the twelfth century. These were nothing more than modest pious foundations, serving to provide shelter for a handful of students, often in the midst of other 'poor clerics'. The first genuine colleges were established in Paris, and then in England, in the second half of the thirteenth century, at a time when the rate of expansion of the universities was beginning to pose serious practical problems. In Paris, mention should be made of the colleges of the Sorbonne (1257) and of Harcourt (1280); in Oxford, there were Merton (1263-4), Balliol (1261-6), and University College (around 1280), and, at Cambridge, Peterhouse (1284). Their mode of organization took its inspiration in the main from that of the mendicant monasteries, which had been established as early as the 1220s within these universities, for the use of students belonging to these orders. Endowed with land, properties, and rents, these colleges considered it their mission to take in a given number of students for a specified period of time. The first colleges included establishments reserved for the use of the monks of a particular abbey or order and which were more or less assimilated to priories, such as the colleges of Saint-Bernard (Cistercian 1248), of Cluny (around 1260), and of Saint-Denis (around 1263), all at Paris, and the colleges of Gloucester (1283) and of Durham (1289), at Oxford. However, the majority of colleges were meant for secular students (with the family or compatriots of the founder often enjoying priority). In the years before 1300, a total of nineteen colleges were founded at Paris, six at Oxford, and one at Cambridge. 60

Patterns Although there were more colleges at Paris than elsewhere, they were often small establishments, meant for young students of arts; they had very little independence and were strictly supervised by the external authorities, whether ecclesiastical or university. The English colleges were more independent and more democratic, their fellows being predominantly bachelors of arts and theology students. As an institution, the university college was most successful in the fourteenth century: between 1300 and 1400, thirty-seven were founded in Paris, five in Oxford, and seven at Cambridge. The Parisian colleges continued in general to be more modest than the English ones, yet the most important for a long time was the College of Navarre, founded at Paris in 1304, for seventy students; it was to be rivalled only by New College, Oxford, founded in 1379, also for seventy students. Colleges spread in the fourteenth century in the southern universities, where they had been unknown up until then, but they were never to be as important there as at Paris or Oxford. Fifteen colleges were founded in the south of France (eight of which were at Toulouse), eleven in Italy (the only important one being the Spanish College founded in Bologna in 1367), and two in Spain. The new universities of the Holy Roman Empire and of central Europe adopted this institution (eight foundations, in all) but a fairly particular type of college (often called collegium maius) was involved here, in which masters enjoyed precedence. Such colleges were then supposed to supervise the running of the faculties, whose teaching body they, for the most part, assembled. Colleges were still being founded in the fifteenth century, at a slower rhythm in the oldest universities (thirty-six in France, twelve of which were in Paris; nine in England; eight in Italy), but enjoying considerable support elsewhere (twenty-seven in the Empire; three in central Europe; three in Scotland; six in the Iberian peninsula, destined to have a glorious future). It was rare indeed for a medieval university to have no college, as was the case with Orleans. Whoever their founders were, whether princes, important officers, ecclesiastical dignitaries, or former regents, the colleges of the fourteenth and fifteenth centuries were regarded less as simple lodging-houses for 'poor scholars' and more as privileged institutions serving to guarantee their members, at the price of a degree of discipline, the best conditions for work and study, in other words, to constitute a student elite.33 Wealthier students, especially students of law, were therefore admitted. The ever larger donations benefiting the colleges, or, at any rate, those which had not been ruined by the wars, enabled them to extend their libraries and, crucially, to constitute 33

A. L. Gabriel, 'The College System in the Fourteenth-Century Universities', in F.L. Utley (ed.)» The Forward Movement of the Fourteenth Century (Columbus, 1961), 79—124; A. L. Gabriel, 'Motivations of the Founders of Mediaeval Colleges', Beitrage zum Berufsbewusstsein des mittelalterlichen Menschen, Miscellanea Mediaevalia, 3 (Berlin, 1964), 61-72.

Jacques Verger themselves as genuine teaching institutions, with a proper body of regents and with new and more progressive pedagogic methods. Such colleges were therefore increasingly in a position to compete with the faculties, whose role tended to be reduced to the conferment of degrees. Only the main colleges became 'colleges de plein exercice" (colleges providing a full course) but, from the end of the fourteenth century, some gave the impression of being genuine centres of intellectual life, indeed, far more dynamic than the rest of the university. The role played by the College of Navarre and by Magdalen College in the first spread of humanism at Paris and at Oxford is well known. 34 This process was very probably less pronounced in the countries of the Holy Roman Empire, where the poor students continued to constitute an important part of the enrolment of the colleges. At any rate, the colleges still only received a minority of students (between 10 per cent and 20 per cent at Paris, Oxford, and Cambridge and even less at other places) but, in France, England, and Germany, they were henceforth the place where the pedagogic model which was to exert the greatest influence upon the evolution of practices of secondary and higher education in modern Europe was elaborated.

LIST OF EUROPEAN UNIVERSITIES IN THE MIDDLE AGES

Those studia whose status as universities is open to dispute have been placed in brackets. (Salerno) (twelfth century) - statutes granted by the Emperor Frederick II in

1231

Bologna (end of the twelfth century) (Reggio) (1188) (schools continued to be active up until the end of the thirteenth century) Vicenza (1204) (disappeared after 1209) (Palencia) (1208) (disappeared around 1250) Paris (beginning of the thirteenth century) Oxford (beginning of the thirteenth century) Montpellier (beginning of the thirteenth century) Cambridge (1209-25) Arezzo (1215) (disappeared around 1260 - a new foundation in 1355, disappeared around 1373) Salamanca (before 1218-19) Padua (1222) Naples (1224) 34

G. Ouy, 'Le college de Navarre, berceau de l'humanisme francais', in Enseignement et vie intellectuelle (IXe~XVIe siecle). Actes du 9$e Congres national des societes savantes, vol. I (Paris, 1975), 2.75-9962

Patterns Vercelli (1228) (disappeared in the fourteenth century) Toulouse (1229) Orleans (around 1235) (officially recognized as a studium generale in 1306)

Studium of the Roman curia (1245) Siena (1246) (disappeared around 1252 - new foundation in 1357) (Piacenza) (1248) (there is some doubt as to how effective its opening in 1248 really was; it was active once more from 1398 to 1402, when the University of Pavia transferred to Piacenza) Angers (around 1250) (officially recognized as studium generale in 1337) (Seville) (1254-60) (founded by the king and the pope, this studium may not have been a genuine university - disappeared around 1270) Valladolid (end of the thirteenth century) (officially recognized as studium generale by the pope in 1346) Lisbon (1290) (transferred to Coimbra from 1308 to 1338 and from 1354 to 1377) Lerida (1300) Avignon (1303) Rome (1303) (disappeared at the end of the fourteenth century - reestablished in 1431) Perugia (1308) Coimbra (see Lisbon) Treviso (1318) (very probably disappeared in the fourteenth century or, at the latest, in 1407) Cahors (1332) Grenoble (1339) (disappeared in the middle of the fourteenth century) (Verona) (1339) (this studium^ whose status as university is doubtful, disappeared in the fifteenth century) Pisa (1343) (disappeared around 1360 - re-established at the beginning of the fifteenth century) Prague (1347) Florence (1349) (transferred to Pisa, and thereby closed, in 1472) Perpignan (1350) Huesca (1354) (disappeared in the first half of the fifteenth century - reestablished in 1464) Pavia (1361) (transferred to Piacenza in 1398, and thereby suppressed re-established in 1412) Cracow (1364) (disappeared prior to 1370 - re-established in 1397) Orange (1365) Vienna (1365) Pecs (1367) (disappeared at some point after 1376) (Lucca) (1369)

Jacques Verger Erfurt (1379) Heidelberg (1385) Cologne (1388) Buda (1389) (disappeared around 1400 - re-established in 1410, disappeared around 1460) Ferrara (1391) (disappeared in 1394 - re-established in 1430) Wiirzburg (1402) (disappeared after 1413) Turin (1404) Leipzig (1409) Aix-en-Provence (1409) St Andrews (1411) (Parma) (1412) (this studium claimed to be generate between 1412 and 1420)

Rostock (1419) Dole (1422) Louvain (1425) Poitiers (1431) Caen (1432) Bordeaux (1441) Catania (1444) (Gerona) (1446) (royal charter in 1446, but only became a real university in the sixteenth century) Barcelona (1450) Glasgow (1451) Valence (France) (1452) Trier (1454) Greifswald (1456) Freiburg im Breisgau (1457) Basle (1459) Ingolstadt (1459) Nantes (1460) Bourges (1464) Pozsony (1465) (disappeared at the end of the fifteenth century) Venice (1470) (college of physicians authorized to grant doctoral degrees) (Genoa) (1471) (only opened in 1513) Saragossa (1474) Copenhagen (1475) Mainz (1476) Tubingen (1476) Uppsala (1477) Palma, Majorca (1483) Sigiienza (1489) Aberdeen (1495) 64

Patterns Frankfurt-on-Oder (1498) (only opened in 1506) Alcala (1499) Valencia (1500) SELECT BIBLIOGRAPHY

Bibliographies Bibliographie internationale de l'histoire des universites, vol. I, Espagne - Louvain Copenhague—Prague, by R. Gilbert, J. Paquet, S. Ellehoj, F. Kavka, and J. Havranek, Geneva, 1973; vol. II, Portugal — Leiden — Pecs — Franeker- Basel, by A. Moreira de Sa, R. Ekkart, M. Fenyes, A. de Kalbermatten, and L. Haeberli, Geneva, 1976. Coing, H. (ed.) Handbuch der Quellen und Literatur der neueren europaischen Privatrechtsgeschichte, vol. I, Munich, 1973, 39-128. Craigie, J. A Bibliography of Scottish Education before 1872, London, 1970. Ermann, W. and Horn, E. Bibliographie der deutschen Universitdten, 3 vols., Leipzig/ Berlin, 1904-5; reprint, 1965. Fletcher, J. M. (ed.) The History of European Universities. Work in Progress and Publications, 5 vols., Birmingham, 1977-81. Fletcher, J. M. and Deahl, J. 'European Universities 1300-1700: the Development of Research 1969—81, and a Summary Bibliography', in J. M. Kittelson and P. J. Transue (eds.), Rebirth, Reform and Resilience: Universities in Transition 13001700, Columbus, Ohio, 1984, 324-57. Fletcher, J. M. and Upton, C. A. 'Publications on University History since 1977: a Continuing Bibliography', History of Universities, 7 (1988), 371-468. This is a current bibliography which is published every year. Gabriel, A. L. Summary Bibliography of the History of the Universities of Great Britain and Ireland up to 1800, Covering Publications between 1900 and 1968, Notre Dame, Ind., 1974. Garcia y Garcia, A. 'Bibliografia de historia de las universidades espanolas', Repertorio de historia de la ciencias eclesidsticas en Espana, 7 (1979), 599-627. Guenee, S. Bibliographie de Vhistoire des universites francaises des origines a la Revolution, 2 vols., Paris, 1978-81. Hammerstein, N . ' Jubilaumsschrift und Alltagsarbeit. Tendenzen bildungsgeschichtlicher Literatur', Historische Zeitschrift, 236 (1983), 601-33. Hammerstein, N. 'Neue Wege der Universitatsgeschichtsschreibung', Zeitschrift fur Historische Forschung, 5 (1978), 449—63. Hammerstein, N. 'Nochmals Universitatsgeschichtsschreibung', Zeitschrift fur Historische Forschung, 7 (1980), 231-36. Petry, L. 'Deutsche Forschungen nach dem zweiten Weltkrieg zur Geschichte der Universitaten', Vierteljahresschrift fur Sozial- und Wirtschaftsgeschichte, 46 (1959), 145-203. de Ridder-Symoens, H. 'Universiteitsgeschiedenis als bron voor sociale geschiedenis', Tijdschrift voor Sociale Geschiedenis, 10 (1978), 87-115. de Ridder-Symoens, H. and Paquet, J. 'Bibliografisch Overzicht Universiteitsgeschiedenis der Nederlanden', Batavia Academica, 2 (1984), 18-21. This is a current bibliography which is published every year.

65

Jacques Verger Scheurkogel, J. 'Nieuwe universiteitsgeschiedenis in de late middeleeuwen', Tijdschrift voor Geschiedenis, 94 (1981), 194-204. Stark, E. Bibliographie zur Universitd'tsgeschichte. Verzeichnis der im Gebiet der Bundesrepublik Deutschland 1945-1971 veroffentlichen Literatur, ed. E. Hassinger, Munich, 1974. Steiger, G. and Straube, M. 'Forschungen und Publikationen seit 1945 zur Geschichte der deutschen Universitaten und Hochschulen auf dem Territorium der DDR', Zeitschrift fur Geschichtswissenschaft, 7 (special issue), (i960), 563-99. Stelling-Michaud, S. 'L'histoire des universites au Moyen Age et a la Renaissance au cours des vingt-cinq dernieres annees', in Rapports du Xle Congres international des Sciences historiques, vol. I, Stockholm, i960,97-143; revised Italian translation: 'La storia delle universita nel medioevo e nel Rinascimento: stato degli studi e prospettive di ricerca', in G. Arnaldi (ed.) Le origini delVUniversitd, Bologna, 1974, 153-217. Straube, M. and Flaschendrager, W. 'Forschungen zur Geschichte der Universitaten, Hochschulen und Akademien der DDR (1960-1970)', Zeitschrift fur Geschichtswissenschaft, 18 (special issue) (1970), 187-209. Verger, J. 'Tendances actuelles de la recherche sur l'histoire de Peducation en France au moyen age (Xlle-XVe siecles)', Histoire de VEducation, 6 (1980), 9-34. Vico Monteoliva, M. 'Bibliografia sobre historia de las universidades espanolas', Historia de la Educacion, 3 (1984), 281-90. Zanella, G. 'Bibliografia per la storia dell'universita di Bologna dalle origini al 1945, aggiornata al 1983', Studi e memorie per la storia delVUniversitd di Bologna, new series, 5, (1985). General works Cobban, A. B. The Medieval Universities: Their Development and Organization, London, 1975. Denifle, H. Die Entstehung der Universitaten des Mittelalters bis 1400, Berlin, 1885; reprint, Graz, 1956. Fried, J. (ed.) Schulen und Studium im sozialen Wandel des hohen und spa'ten Mittelalters, Sigmaringen, 1986. d'Irsay, S. Histoire des universites francaises et etrangeres des origines a nos jours, 2 vols., Paris, 1933-5. IJsewijn, J. and Paquet, J. (eds.) Universities in the Late Middle Ages, Mediaevalia Lovaniensia, series 1, studia 6, Louvain, 1978. This volume is also published as Paquet, J. and IJsewijn, J. (eds.) Les Universites a la fin du moyen age, Publications de l'lnstitut d'Etudes Medievales, 2nd series, 2, Louvain, 1978. Jilek, L. (ed.) Historical Compendium of European Universities — Repertoire historique des universites europeennes, Geneva, 1984. Kaufmann, G. Geschichte der deutschen Universitaten, 2 vols., Stuttgart, 1888-96; reprint, Graz, 1958. Volume I deals with European universities. Kibre, P. Scholarly Privileges in the Middle Ages. The Rights, Privileges and Immunities of Scholars and Universities at Bologna - Padua - Paris - Oxford, Cambridge, Mass., 1961. Le Goff, J. Les Intellectuels au Moyen Age, 2nd edn, Paris, 1985. 66

Patterns Pedersen, O. Studium generale. De europceiske universiteters tilblwelse, Copenhagen, 1974. Rashdall, H. The Universities of Europe in the Middle Ages, 3 vols., ed. F. M. Powicke and A. B. Emden, Oxford, 1936; reprint, Oxford, 1988. Universitd e societd nei secoli XII—XVI. Atti del nono convegno internazionale di studio tenuto a Pistoia nei giorni 20-25 settembre 1979, Pistoia, 1982. Les Universites europeennes du XIVe au XVIIIe siecles: Aspects et problemes. Actes du colloque international a Voccasion du Vie centenaire de I'universite Jagellone de Cracovie, Geneva, 1967. Verger, J. Les Universites au Moyen Age, Paris, 1973. Verger, J. 'Universites et ecoles medievales de la fin du Xle a la fin du XVe siecle', in G. Mialaret and J. Vial (eds.), Histoire mondiale de Veducation, vol. I, Paris, 1981, 281-309. Wieruszowski, H. The Medieval University: Masters, Students, Learning, Princeton, N.J., 1966. Individual countries Ajo Gonzalez de Rapariegos y Sainz de Zufiiga, C. M. Historia de las universidades hispdnicas. Ortgenes y desarrollo desde su aparicion a nuestros dias, 11 vols., Madrid, 1957-77. Barcala Mufioz, A. 'Las universidades espanolas durante la Edad media', Anuario de Estudios medievales, 15 (1985), 83-126. Bellomo, M. Saggio sulVuniversitd nelVetd del diritto comune, Catania, 1979. Boehm, L. and Miiller, R. A. (eds.) Universitd'ten und Hochschulen in Deutschland, Oesterreich und der Schweiz. Eine Universitd'tsgeschichte in Einzeldarstellungen, Diisseldorf, 1983. Cadini, F. and others (eds.) La crisi del sistema comunale, Storia della societa italiana, 7, Milan, 1982. Cobban, A. B. The Medieval English Universities: Oxford and Cambridge to c. 1500, Cambridge, 1988. Coissac, J. B. Les Universites d'Ecosse depuis la fondation de I'universite dyAberdeen jusqu'au triomphe de la Reforme (1410-1560), Paris, 1914. Engelbrecht, H. Geschichte des osterreichischen Bildungswesens, vol. I, Vienna, 1982. Guenee, S. Les Universites francaises des origines d la Revolution. Notices historiques sur les universites, studia et academies protestantes, Paris, 1982. Kaufmann, G. Geschichte der deutschen Universitd'ten, 2 vols., Stuttgart, 1888-96; reprint, Graz, 1958. Volume II deals with German universities. Paulsen, F. Die deutschen Universitd'ten und das Universitd'tsstudium, Berlin, 1902. Paulsen, F. Geschichte des gelehrten Unterrichts auf den deutschen Schulen und Universitd'ten vom Ausgang des Mittelalters bis zur Gegenwart, vol. I, 3rd edn, Leipzig/ Berlin, 1919. Roslanowski, T. 'Universitaten und Hochschulen in Polen', in E. Maschke and J. Sydow (eds.), Stadt und Universitdt im Mittelalter und in der fruhen Neuzeit, Sigmaringen, 1977, 166-9. Verger, J. (ed.) Histoire des universites en France, Toulouse, 1986.

Jacques Verger

^ F R A N C E 1 • Bordeaux 1441 Cahors 1332

/'-"" \ CONFED. ,-•• **R«Mo[1188] L A ^O i /\,S /:Verona [1339]-... "':.'"•..)£ ' ' N I' t, / j /_ yicenza 1204 \ Grenoble 1339^ ^Valence

VeVcelli 1228" * (

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\ "•

T V

C

/ • ..••' \

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,V 134

i Medieval university towns. The political divisions are those of c. 1490. Dates in brackets are uncertain. See the list at the end of chapter 2 for further details. Adapted, with permission, from H. Rashdall, The Universities of Europe in the Middle Ages, ed. M. M. Powicke and A. B. Emden, Oxford, 1936; reprint, Oxford, 1988

H U N G A R Y ©Pecs 1367

Status as universities: • definite O debatable

2

Foundations prior to 1300.

Status as universities: • definite O debatable

o 3

Universities active in 1300.

Status as universities • definite O debatable 2nd second foundation

Coimbra (2nd)

4

Foundations 1300-78.

Status as universities: • definite O debatable

0 5

Universities active in 1378.

Uppsala

Status as universities: • definite O debatable 2nd second foundation

Trier#

.Heidelberg Freiburg i.B. /•vTubingen

Aix Huesca(2nd) _„ •

f

™K^T

Genoas. Parma F Rj^nd)

OGerona

Saragossa

6

Foundations 1378-1500.

^

Status as universities: •

definite

O debatable

^Aberdeen St Andrews

Prague r-> * Cracow Paris

\

Mainz

J # Heidelberg

A

0 7

Universities active in 1500.

PART II

STRUCTURES

CHAPTER 3

RELATIONS WITH AUTHORITY

by PAOLO NARDI

PAPACY, EMPIRE, AND SCHOOLS IN THE TWELFTH CENTURY

Recent historical studies clearly show that the theory that the imperial authorities intervened directly in higher education from the early twelfth century onwards must be rejected. There is nothing, for example, to show that the University of Bologna was founded at the instance of Countess Matilda of Canossa after her appointment as Vicar of the Holy Roman Empire in May m i . 1 In the first few decades of the twelfth century not even the church found it necessary to institutionalize the new schools arising in Europe, in spite of the close ties that, from the Gregorian reform onwards, firmly linked ecclesiastical circles with the study of theology and law. The way the schools were organized did not make for closer official relations, for they flourished at a time when the institutional location of education was less important than the personality of a teacher able to attract a group of pupils willing to follow him anywhere.2 Also, it was widely believed that hankering after riches led directly to the propagation of false doctrine; accordingly, the Councils of Clermont (1130) and Reims (1131) and the second Lateran Council of 1139 solemnly forbade monks and regular canons to study medicine and civil law after taking holy orders and pronouncing religious vows.3 On the other hand the papal curia did not neglect contacts with the principal schools - the Bologna school of law (Cardinal Aimericus, Chancellor of the Holy Roman Church from 1123 to 1141, was in close touch with the famous 1

2

3

E. Cortese, 'Legisti, canonisti e feudisti: la formazione di un ceto medievale', in Universitd e societd, 208-9. R. W. Southern, 'The Schools of Paris and the School of Chartres', in Renaissance and Renewal, ii4ff., i23ff. In the same volume, see especially the essays by J. Leclercq, 'The Renewal of Theology', 68-87, a n d S. Kuttner, 'The Revival of Jurisprudence', 299-322. D. Diepgen, Studien zur Geschichte der Beziehungen zwischen Theologie und Medizin im Mittelalter, vol. I, Die Theologie und der arztliche Stand (Berlin/Griinwald, 1922), i6ff.

77

Paolo Nardi glossator Bulgarus)4 and the school of theology in Paris (in 1144 Cardinal Robert Pullen,5 an English theologian who had taught in Paris, was appointed Chancellor of the Holy Roman Church). The first important manifestation of imperial interest in the demands and activities of teachers and scholars was undoubtedly the Authentica Habita, a constitution issued by the Emperor Frederick I Barbarossa in 1155 when he first came to Italy to receive the crown.6 In May 1155, near Bologna, he met the masters and students of the school of law. According to the anonymous author of the Carmen de gestis Frederici I, they begged him to forbid the exercise of the right of reprisal against foreign scholars (seizure of person or property to satisfy debts incurred by their compatriots) and to grant all of them freedom of movement 'so that all men minded to study be free to come and go and dwell in security' (ut nemo studium exercere volenteslimpediat stantes nee euntes nee redeuntes).7 Frederick I Barbarossa immediately issued the celebrated constitution, in which he affirmed the pre-eminent value of scientific knowledge, and recognized as praiseworthy and deserving of protection all persons who in pursuit of it were obliged to live far from their own country. He granted professors of civil law and students the privilege of freedom of movement and safe residence in all seats of learning. Secondly, expressing compassion for persons who spent all their substance and braved all sorts of dangers in order to survive in a foreign country, he decreed that no one should dare to harm or wrong scholars or, above all, to recover from them debts contracted by their countrymen, on penalty of having to reimburse four times the amount (the quadruplum). This sanction was enforceable against all transgressors, and magistrates neglecting to enforce the law were disgraced and barred in perpetuity from their office. Thirdly, Frederick I ordered that any scholar summoned to appear in court could choose whether to be tried by his own masters or by the bishops' courts. A plaintiff applying to another judge was punished by losing his case even if it was good in law. The effect of this order was to extend the benefit of clergy (privilegium fori) already enjoyed by clerics to lay students, and to confirm an old imperial rule (which since it came from Justinian's Omnem constitution was well known to the masters of Bologna) empowering the bishop and professors of Berito to judge students of that city. Frederick I caused the Habita to be inserted in Justinian's Codex; this clearly showed his wish to revive Roman law and incorporate it in the legal system of the Holy Roman Empire (the Saerum Imperium). His plan exactly suited the masters in Bologna, who as the inter4 5

6

7

H. Kantorowicz, Studies in the Glossators of the Roman Law (Cambridge, 1938), 68, 71. P. Classen, Studium und Gesellschaft im Mittelalter, ed. J. Fried, Schriften der MGH, 29 (Stuttgart, 1983), 9-10. W. Stelzer, 'Zum Scholarenprivileg Friedrich Barbarossas ("Authentica Habita")', Deutsches Archiv fiir Erforschung des Mittelalters, 34 (1978), 123-65. I. Schmale-Ott (ed.), Carmen de gestis Frederici 1. imperatoris in Lombardia, MGH Scriptores (Hanover, 1965), 17-18, 496-7.

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Relations with authority preters and teachers of Justinian's laws, had every interest in getting them generally recognized and applied.8 Frederick I was not, however, in a position to put the Habita into effect; the political aims that appeared feasible when he first visited Italy proved to be beyond his reach. The war of 1159-62 with the communes of the Lombard League, culminating in the sieges of Crema and Milan, affected his relations with the scholars studying in Bologna, if we are to treat as genuine a letter said to have been sent to him at the time by four masters in Bologna, begging him to revoke the order expelling from Bologna students from Milan, Brescia, and Crema.9 On that occasion Frederick I ignored the Habita constitution, and addressed himself only to the political situation of the moment. Later on, when the city joined the Lombard League, the emperor showed no further interest in Bologna's professors and scholars.10 In September 1159 Cardinal Rolando Bandinelli became pope. He was an expert theologian and consummate politician. As Chancellor of the Holy Roman Church from 1153 onwards he had favoured closer contact between the papal curia and the principal schools, fully realizing because of his education and political acumen the growing importance of teaching theology and law. Immediately after his bitterly contested election (which led to a schism) Pope Alexander III sent letter after letter to prominent persons and institutions, explaining the facts and presenting himself as legitimate pope. Among the recipients were the teachers of civil law, and all other masters, in Bologna. This was probably the first official solemn recognition of their importance by the ecclesiastical authorities.11 When Alexander, as a fugitive from the enmity of the Emperor Frederick I, stayed in France from April 1162 to September 1165, he gained a profound knowledge of conditions in the numerous and flourishing episcopal schools of the kingdom of the Franks {regnum Francorum), On his return to Italy the pope decided to order the abolition of the evil custom (prava consuetudo) of masters in the diocesan schools of exacting a money payment for the award of the licence to teach {licentia docendi). He accordingly issued a decretal, addressed principally to the French bishops, ordering that persons considered capable of teaching in schools {regere scholas) should be able to do so without making payment and without let or hindrance, as it was not lawful for knowledge to be bought or sold. He later 8

G. Cencetti, 'II forodegli scolari negli Studi medievali italiani', Attie memoriedella R. Deputazione di storia patria per I'Emilia e la Romagna, 5 (1940), 165; J. K. Hyde, 'Commune, University and Society in Early Medieval Bologna', in Universities in Politics, ^zii.; R. L. Benson, 'Political Renovatio: Two Models from Roman Antiquity', in Renaissance and Renewal,

9

J. Fried, Die Entstehung des Juristenstandes im 12. Jahrhundert, Forschungen zur neueren Privatrechtsgeschichte, 21 (Cologne/Vienna, 1974), 54-5. G. De Vergottini, 'Lo Studio di Bologna, l'Impero, il Papato, in Scritti di storia del diritto italiano, vol. II, Seminario giuridico della Universita di Bologna, 74 (Milan, 1977), 744ff. K. W. Norr, 'Institutional Foundations of the New Jurisprudence', in Renaissance and Renewal, 325. For Rolando Bandinelli see Classen, Studium (note 5), i3off.

10

11

79

Paolo Nardi confirmed this principle and fixed the procedure for recognition of the candidate's ability to teach, laying down that the candidate must be recognized as able to teach only after examination by the 'greater and wiser part' {maior et sanior pars) of the chapter of canons of the cathedral (1173).12 He ordered that, if the dignitary authorized to confer the licentia docendi infringed the order not to require payment, the bishop should appoint someone else in his place. Finally, at the third Lateran Council of 1179 t n e P°P e confirmed that both the licentia docendi and teaching should be free of charge, and provided that masters should be paid by benefices. Thus to repress simony and corruption Alexander reformed the educational practices of the church, encouraged an influx of poor students admitted not for their fortune but for their merit, and saw to it that teachers were adequately paid; moreover, he laid the foundations of the studia of western Europe and especially of the Paris studium.13 During the pontificate of Alexander III (1159-81) the teaching of law was vigorously encouraged, to the particular advantage of the school in Bologna, which consolidated its position as the most important centre in Europe for the study of Roman and canon law, although other schools appeared, mainly outside Italy.14 It has been roundly denied that the Bologna school was an ecclesiastical foundation;15 but the bishop of Bologna was unquestionably the only authority to be given jurisdiction over scholars by the emperor himself. Later the conflict between the emperor and the commune of Bologna strengthened Bologna's links with the papacy. The Holy See had its own lively interest in promoting the teaching of law, as may be inferred from the great output of canon law rules at the time, and from the appointment to high office of many prelates trained in law. The first mention of an order by a papal legate regarding the scholars and teachers of Bologna dates from 1176-7: the bishop of Porto-Ostia Guglielmus forbade them on penalty of excommunication to compete for lodging in the hospitia (halls of residence) by promising to pay landlords a higher rent, either in consideration of the advantages of the lodging or for the vainglory of seeming richer than their colleagues, and protected the tenants of the hospitia by forbidding masters and scholars to apply to the landlord for an already occupied lodging before the expiry of the current lease or without the tenants' consent. Some years later, and certainly before August 1182, the Legate Pietro, bishop of Tusculum, confirmed the prohibition, threatening transgressors with anathema 12

13

14 15

Classen, Studium (note 5), 245 n. 14a (note added by J. Fried); A. E. Bernstein, 'Magisterium and License: Corporate Autonomy against Papal Authority in the Medieval University of Paris', Viator, Medieval and Renaissance Studies, 9 (1978), 292ff., appears to be unaware of the document mentioned by Fried. P. Delhaye, 'L'organisation scolaire au Xlle siecle', Traditio, 5 (1947), 258ff.; G. Post, K. Giocarinis, and R. Kay, 'The Medieval Heritage of a Humanistic Ideal: "scientia donum Dei est, unde vendi non potest" ', Traditio, 11 (1955), 195-234. S. Kuttner, 'Revival' (note 2), 319. See also chapter 12, 'The faculties of law'. G. Cencetti, 'Studium fuit Bononie. Note sulla storia dell'universita di Bologna nel primo mezzo secolo della sua esistenza', Studi medievali, 3: 7 (1966), 781-833, especially 815.

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Relations with authority banishment from the Christian community. Lastly, between July 1184 and November 1185, Pope Lucius III repeated the prohibition and furthermore charged the bishop of Bologna to read out the decretal Ex rescripto constitution every year to the assembled masters and scholars (in communi audientia magistrorum et scholariorum).16 The pope thereby specifically reaffirmed the bishop's jurisdiction on a very sensitive issue, since it concerned the relationship of the citizens of Bologna with all members of the Bologna studium. At about this time the commune of Bologna became actively interested in the schools (scholae) in its territory, which brought the city prestige and its inhabitants riches. It began to devise ways of preventing the masters from emigrating to other cities with their pupils in their train. The case of the jurist Pillius, who in 1182 or thereabouts entered into secret negotiations with the people of Modena to transfer his school there, led the commune to require all masters to swear on oath not to transfer their residence out of Bologna for at least two years. Other teachers were subsequently required to swear similar oaths and in this way the Habita constitution, granting teachers the beneficium of freedom of movement to carry out their teaching, was repeatedly violated. These serious acts of interference with the academic life of Bologna probably encouraged the students to form a universitas, that is, a corporation similar to the contemporary trade guilds, or associations of members of certain professions within a city, formed to defend members' interests by appointing their own representatives and by special jurisdictions reserved to themselves.

THE CONTRIBUTION OF THE CHURCH IN THE TWELFTH AND THIRTEENTH CENTURIES

At the end of the twelfth century and in the first twenty years of the thirteenth century the hegemony in European politics assumed by the papacy and the ecclesiastical hierarchy undoubtedly led to an increase in the number of 'ecclesiastical clerks'17 attending the principal studia. At that time, even in a kingdom with as many schools as France, there were not many masters even in cathedral chapters; but between the second and third decades of the thirteenth century Boncompagno da Signa had no hesitation in affirming that teachers and scholars (ordo scholasticus) were the mirror of the church (speculum Ecclesiae) because many of the highest ecclesiastical dignitaries were drawn from academic circles (ab ipso [ordine] quidem trahuntur omnia principalia et secundaria Ecclesiae membra), to such an extent that the world 16

17

P. Landau, 'Papst Lucius III und das Mietrecht in Bologna', in S. Kuttner (ed.), Proceedings of the Fourth International Congress of Medieval Canon Law. Toronto, 21-25 August 1972 (Vatican City, 1972.), 511-22. For the distinction between ecclesiastical and scholar (or lay) clerks, see J. W. Baldwin, Masters, Princes and Merchants. The Social Views of Peter the Chanter and his Circle (Princeton, 1970), vol. I, 73; vol. II, 51 n. 57. 8l

Paolo Nardi of study appeared to be identical with the church itself {cum ex ipsis [sc. viris scholasticis] et in ipsis consistere videatur [Ecclesia]),18 The Holy See's interest in promoting and organizing higher education therefore revived, and greatly increased under Pope Innocent III (1198-1216), a theologian, jurist, and politician of great acumen and indisputable authority. His laws aimed at amplifying the rules laid down by Pope Alexander III for the episcopal schools, and, especially in Paris and Bologna, establishing the status of teachers and students. Such was the purpose of the decretal Tuae fraternitatis, issued in 1207, authorizing clerics going to study at an important centre of learning to go on drawing the income from their benefices in absence from them. Such was also the purpose of the rules promulgated at the fourth Lateran Council of 1215, repeating the order to cathedral churches to open schools, run by masters of recognized ability paid by benefices, for priests and poor laymen, and requiring schools of theology, also with paid teachers, to be set up in metropolitan dioceses.19 Nor was Innocent III indifferent to the demands of the universitates then coming into being; his decretal Quia in causis confirmed to the scholars of Paris assembled in a universitas their right under the ius commune (the two universal codes of Roman law and canon law) to appoint their own representatives in a legal action; and by his decretal Ex literis he acted as interpreter and supreme guarantor of the rules which the societas of teachers of theology, canon law, and arts in Paris had sworn to obey; he laid down the principle that any person excluded from the universitas for disobedience {propter contumaciam) could be readmitted if he made adequate amends. All these rules figured in two decretal collections: Compilatio 111, promulgated by Innocent III in 1210 and sent to all masters and students dwelling in Bologna for faithful observance in and out of school, and Compilatio /V, drawn up in 1215-16 by a prominent jurist of Bologna in close touch with the curia.20 The efforts of Innocent III to regulate higher education would have fallen short of their goal had they not been completed by the special regulations issued by his cardinal legates and by the jurisprudence of the prelates appointed to adjudicate controversies. Thus in Paris the Cardinal Legate Guala Bicchieri's shrewd legal mind laid down the methods to be followed by the masters and ecclesiastical authorities in the exercise of their jurisdiction over the scholars. Teachers were first to admonish the students in general 18 19

20

De Vergottini, 'Studio di Bologna', (note 10), 790 n. 120. G. Post, 'Masters' Salaries and Student-fees in the Mediaeval Universities', Speculum, 7 (1932), i8iff. K. Pennington, ' T h e M a k i n g of a Decretal Collection: the Genesis of Compilatio Tertia', in S. Kuttner and K. Pennington (eds.), Proceedings of the Fifth International Congress of Medieval Canon Law. Salamanca, 2.1-Z5 September 1976 (Vatican City, 1980), 67—92; S. Kuttner, 'Johannes Teutonicus, das vierte Laterankonzil und die Compilatio quarta', in S. Kuttner, Medieval Councils, Decretals and Collections of Canon Law. Selected Essays (London, 1980), essay no. X, 608-34. 82

Relations with authority (generaliter) and threaten transgressors with excommunication. Then, after granting the students time to submit their defence, they were to repeat their admonishments and threats in school, naming the rebels and all persons evading trial. Finally, if the guilty persons failed to mend their ways, the chancellor of the cathedral chapter was to pronounce on them a sentence of excommunication from which only the bishop or abbot of Saint Victor could absolve them (1208). Later the universitas of masters and scholars entered into a long dispute with the chancellor of the chapter over the award of the licentia docendi and the exercise of jurisdiction. Innocent III appointed the bishop of Troyes to settle the dispute, and the bishop of Paris to act as depositee of, and to approve, the agreement reached by the parties. This stipulated that candidates for the licentia docendi should not be required to pay for it or to swear fidelity, and that if the chancellor refused to grant it the bishop should award the licentia to all candidates recognized by a majority of the teachers in the disciplines concerned as suitable to hold it. The masters in Paris were thus officially recognized as possessing the same prerogatives as those held by cathedral chapters at least since the time of Alexander III.21 Lastly, in 1215 the Cardinal Legate Robert of Courson (Robert of Kedleston), a former master in Paris, drew up a comprehensive set of rules for the Paris studium. These laid down teaching programmes and procedure, regulated academic custom at official gatherings and clothing and occasions for mourning, confirmed the rules for examinations for the licentia docendi fixed two years before by agreement between the universitas and the chancellor, and repeated that masters should exercise jurisdiction over scholars. Without explicitly referring to the decretal of Lucius III on tenancies in the hospitia, he drew attention to its contents; and he indicated the matters which the universitas was competent to decide by requiring masters and scholars to swear an oath to observe certain rights and duties - preparation of the defence of scholars who had been seriously wronged, where justice had not been done; the fixing of rents for rooms in the hospitia^ and settling times and procedures for lessons and disputations. This was the fullest and most detailed definition of studium organization ever formulated by the ecclesiastical authorities.22 Ecclesiastical authority also tried to influence the Oxford studium. However, although Oxford scholars were formally subject to the supervision and jurisdiction of the bishop of Lincoln, to whose diocese Oxford belonged, Lincoln was far away and his practical influence small. The excommunication of King John by Innocent III in March 1208 caused the first diaspora of the 'clerks' of Oxford, who feared reprisals by the king. In the following year a murder committed by a scholar led the authorities to arrest some of his 21

22

G. Post, 'Parisian masters as a corporation, 1200-1246', in G. Post, Studies in Medieval Legal Thought. Public Law and the State, 1100—1322 (Princeton, 1964), 34ft., 44—6. S. C. Ferruolo, ' T h e Paris statutes of 1215 reconsidered', History of Universities, 5 (1985), 1-14.

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Paolo Nardi colleagues. Two or perhaps three students were condemned to death with royal approval. The result was an exodus of masters, followed by their pupils, in protest against the violation of the benefit of clergy (privilegium /on). Only five years later, in 1214, the rules made by the Cardinal Legate Nicolaus de Romanis restored the studium to life; he ordered that scholars arrested by the secular authorities should be handed over to the bishop of Lincoln, or to the archdeacon or the chancellor of the chapter; and he made these authorities responsible for administering the compulsory payment extracted from the citizens of Oxford in aid of poor students. The legate also confirmed the system then current of fixing rents in the hospitia, to ensure compliance with the regulations made by Lucius III to prohibit competition, basing their amount on the valuations agreed by scholars and citizens jointly prior to 1209; a committee of four masters and four citizens was appointed to settle cases in which the necessary valuations had not been made.23 The troubles in Oxford in the early thirteenth century are a clear example of the difficulties and bitter disputes between a university and secular authorities - especially locally - at a time of crucial importance to the formation and growth of the studia. Similar events elsewhere were settled by closer control of the ecclesiastical authorities. In Paris, for instance, following the murder of several students by a band of Serjeants guided by the prevot, Philip II Augustus was obliged in 1200 to grant the scholars a privilege assuring them that he would prosecute with special rigour any persons doing them harm, and undertaking to allow scholars accused of criminal offences to be tried by the ecclesiastical authorities.24 Meanwhile in Bologna the universitas of scholars was gathering strength and becoming more firmly established, to the alarm of the commune, which feared the growth in its midst of a cosmopolitan body and a jurisdiction parallel to that of its own podestd. In 1211 the city was governed by the podestd Guglielmo da Pusterla, who supported the Emperor Otto IV recently excommunicated by Innocent III. One of the laws enacted by Guglielmo as podestd prohibited the formation of groups whose members swore to lend each other mutual aid and support, other than associations of men of war and artists taking such oaths ad honorem et utilitatem of the commune. The intention was obviously to prevent the formation of scholars' universitates. But in the same year the pope came down firmly on the side of the students, exhorted the people of Bologna to leave the party supporting the emperor, and threatened to excommunicate the city and transfer the studium elsewhere. By this means he succeeded in bringing about a new balance of power in Bologna favouring the party supporting the papa23

24

R. W . Southern, 'From Schools to University', in History of Oxford, 26, 29-32; C. H . Lawrence, ' T h e University in State a n d C h u r c h ' , in History of Oxford, 97-100, 133, 136, 140. J. Verger, 'Des ecoles a l'universite: la mutation institutionnelle', in R.-H. Bautier (ed.), La France de Philippe Auguste. Le temps des mutations. Actes du Colloque international organise par le CNRS (Paris, 29 septembre - 4 octobre 1980) (Paris, 1982), 82iff.

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Relations with authority cy.25 Subsequently, in 1215 or thereabouts, the teachers renounced jurisdiction over lay scholars in criminal cases, and it passed almost entirely to the commune (cases involving clerics remaining under the jurisdiction of the bishop). Although recognizing the existence of the universitas, the commune forbade scholars to associate themselves in sectam vel conspirationem to leave Bologna, and demanded that the rectors, as representatives of the association, should swear never to promote "the transfer of the studium. The scholars reacted strongly, and found that the most effective defence of their libertas was the protection of the church: in the spring of 1217 the new pope Honorius III exhorted the podestd to revoke his order, or not to apply the regulations restricting scholars' freedom of movement, and advised the scholars to resist the demands of the city authorities without using violence, and to leave Bologna rather than give way. Later, in 1220, addressing the people of Bologna, he condemned the laws restricting academic libertas, calling them harmful to the interests of the city; he ordered their repeal and declared the podestd to be released from the oath he had taken on them. The year before, the Holy See had reaffirmed that it was for the ecclesiastical authorities to award the licentia docendi, and had ruled that, in Bologna, only the archdeacon could confer it - after diligent examination so as to prevent unqualified persons from occupying the professorial chair, as, it was complained, they often did, to the detriment of the entire teaching profession.26 Honorius III showed similar solicitude for the Paris studium. On learning that the bishop of Paris had excommunicated the universitas on the grounds that it had framed its own statutes without the explicit consent of the local ecclesiastical authorities, the pope took the scholars under his protection as his dearly beloved sons {tamquam filios speciales) and ordered the excommunication to be cancelled; but meanwhile he took over direct control of the universitas, and until the dispute was settled issued instructions on the use of the seal, the exercise of jurisdiction by the masters, the appointment of officials to punish misconduct, and participation in funeral rites. He also settled the function and role of the Paris studium in his decretal Super speculam of 22 November 1219, forbidding civil law to be taught in Paris and neighbouring cities and localities, on the grounds that in France laymen did not use the laws of the Roman emperors, and that in few ecclesiastical suits was resort to Roman law essential. The decretal also attempted to control the teaching of theology by extending the provisions of the Council of Tours of 1163 forbidding regular and secular clergy to study civil law and medicine, 25

26

G. R o s s i , ' "Universitas s c h o l a r i u m " e C o m u n e (sec. X I I - X I V ) ' , Studi e memorie per la storia dell'Universitd di Bologna, n e w series, I (1956), 197-227; A. Hessel, Storia della citta di Bologna dal 1116 al 1280, ed. G. Fasoli (Bologna, 1975), 92. M. Bellomo, Saggio sull'universita nell'eta del diritto comune (Catania, 1979), 87-9; P. Weimar, 'Zur Doktorwiirde der Bologneser Legisten', in C. Bergfeld (ed.), Aspekte europaischer Kechtsgeschichte. Festgabe fur Helmut Going zum yo. Geburtstag (Frankfurt-on-Main, 1982), 427-9.

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Paolo Nardi and by granting to teachers of theology, for so long as they continued to teach, and to students, for a period of five years, the privilege of drawing the income of their benefices even when absent from them, notwithstanding any provisions to the contrary, whether written or customary.27 At the same time the Holy See also intervened in minor studia such as that of Montpellier. In 1220 the Cardinal Legate Conrad of Urach, in agreement with certain bishops of the region and the teachers and scholars of the medical universitas, issued comprehensive regulations 'in the general interest', ordering that no person should teach in public unless approved by the bishop of Maguelone and the college of teachers, or style himself a scholar unless subject to a master. In the matter of jurisdiction the legate ordered that civil cases should in the first instance be heard before a master chosen by the bishop and a college of three teachers. The bishop himself was to act as judge of appeal in civil cases and as sole judge in criminal cases. Other regulations were issued on relations between masters and scholars, the duration of lessons and disputations, funeral honours, and the obligation to receive the tonsure incumbent on any person who had received an ecclesiastical benefice or taken holy orders. Lastly, each master was required, when entering upon his career as a teacher, to swear to observe the legate's statutes. These were to be read out publicly at every inceptio - the master's official inception of his duties as a licensed teacher - in audientia communi, before the assembled masters and scholars.28 It may be concluded that in the papacies of Innocent III and Honorius III the church, realizing that new organizations such as the universitates were growing up in the most important centres of study in Europe, issued increasingly detailed regulations on higher education with the intention of effecting reform and improvement (reformatio in melius) in the most authoritative schools - a reform that would not merely regulate relations with the nascent corporations of teachers and scholars, but would cover every detail of the organization of the studia. One reason, incidentally, for the violent disputes between the universities and the lay authorities was that, judging by the small numbers of royal officials with academic qualifications, particularly in the French court, the lay authorities were not interested in encouraging the formation of an educated ruling class. THE POLICY OF EMPEROR FREDERICK II AND THE POPES

On the day of his coronation, 22 November 1220, the Emperor Frederick II 27

28

CUP, vol. I, 88—90, nos. 3 0 - 1 ; 102—4, n o > 45» 9°~3> n o « 32» Post, 'Parisian masters' (note 21), 37,39,47—9. For the problems concerning the Super speculam, see S. Kuttner, 'Papst Honorius III und das Studium des Zivilrechts', in S. Kuttner, Gratian and the Schools of Law 1140-1234 (London, 1983), essay n o . X, 79-101 (for retractationes: 43-7). Cartulaire del'Universite de Montpellier, vol. 1,1181-1400 (Montpellier, 1890), 180-3, n o - 2 5 Fournier (ed.), Statuts, vol. II, 4 - 6 , n o . 882.

86

Relations with authority promulgated the constitution entitled De statutis et consuetudinibus contra libertatem Ecclesiae editis safeguarding the immunities and privileges of the clergy, and ordered the jurists of Bologna to insert it in the great Corpus of Roman law.29 He thereby showed that imperial policy was still interested in the law schools, following a tradition going back to the Habita constitution but soon interrupted by war and the dynastic crisis preceding his ascension of the throne. Nevertheless, the Emperor Frederick II had no intention of competing with the pope as protector of the Bologna studium, but he had other and more ambitious plans, as the years of his vigorous rules in Italy were to show. His first important act of scholastic policy was to found the Naples studium to train the ruling class of the kingdom of Sicily, a territory no less dear to Frederick II than the Holy Roman Empire. In 1224 a letter to all dignitaries in the kingdom, stating the reasons for his decision and the way in which it was to be carried out, 30 echoed parts of the Habita constitution and followed some of its directives. But it was for quite other reasons; for, whilst both documents showed the intention of preserving scholars and teachers from the discomforts of the status of foreigners (peregrini), the Habita constitution offered protection to all possible seats of learning and forbade reprisals of any kind, whereas the 'circular' of 1224 restricted protection to persons frequenting the Naples studium. It forbade any person to leave the kingdom to teach or study, and threatened to punish the parents of any subjects of the king of Sicily who did not return to their home country by Michaelmas (29 September). The privileges it granted to scholars were naturally similar to those enjoyed by their colleagues in the principal studia of the time; as in the Habita constitution, the safety of their person and property was guaranteed and they were made subject to the jurisdiction of their teachers, but only in civil cases (this was analogous to the papal legate's provisions for the Montpellier studium). To prevent competition for tenancies of the hospicia, rents there were to be fixed by a joint committee of scholars and citizens and might in no case exceed a stated amount. This last provision was not very different from that made by the papal legate a decade before for the Oxford studium. The main differences between Frederick II's studium and the most important seats of learning in Europe was that in Naples the ecclesiastical authorities had no authority to recruit teachers, award the licentia docendi, or exercise jurisdictional powers. Thereafter, between 1226 and 1240, the emperor pursued his scholastic policy of depriving Bologna of its primacy and sought to make Naples the most prestigious centre for the teaching of law in the kingdom of Sicily and in 29

30

Weimar, ' Z u r Doktorwiirde' (note 26), 431; S. Kuttner, 'A N e w Eyewitness Account of the Fourth Lateran Council', in Kuttner, Medieval Councils (note 20), essay no. IX, 167-71. F. Torraca, 'Le origini. L'eta sveva', in Storia della Universitd di Napoli (Naples, 1924), 3-15; G. Arnaldi, 'Fondazione e rifondazioni dello studio di Napoli in eta sveva', in Universita e societd, 81-105.

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Paolo Nardi the whole empire. On several occasions, in 1226,1234, and 1239, Frederick II sent pressing invitations to teachers and scholars in Bologna and to his other subjects, Italian or ultramontane, to attend the Naples studium. He forbade them to go to Bologna to teach or study, and formed in Naples a teaching staff of great eminence, whose jurists were especially remarkable. His intention was no longer merely to train the ruling class of his kingdom of Sicily; he aspired to nothing less than creating a great intellectual elite to sustain the imperial throne with the instruments of law and the prestige of culture. In this belief, and paraphrasing Justinian's summons to the aspiring law students (cupida legum iuventus) of his time when he promulgated his Institutes, Frederick II affirmed that the imperial throne should be mighty by force of law as well as by force of arms. 31 With that lofty aim in view, in 1238 he sent a jurist devoted to him, a former professor in Naples, to teach civil law in the Vercelli studium founded shortly before by a migration of students from Padua. At that time the emperor's policy of centralization to benefit Naples caused a crisis in other centres of learning such as Modena, Arezzo, and Padua, which had come into being spontaneously, at the end of the twelfth century and in the first decades of the thirteenth, through migrations of teachers and scholars from Bologna, and had then flourished for some years.32 The emperor's tactics, vigorous and tenacious though they were, did not deter the popes from their policy of assiduous guardianship and tight control of the studia traditionally linked with the ecclesiastical authorities. At the same time they granted concessions and privileges to schools of more recent formation, and promoted the foundation of new centres of learning. Above all, they continued to show the highest consideration for the Bologna studium; in 1226, at the very time when the emperor was sending out the first of his invitations to desert Bologna, Pope Honorius III appointed the jurist Tancred, archdeacon of the diocese of Bologna, to draft the Quinta compilatio of decretals, and instructed him to see that it was adopted in all law courts and schools (tarn in iudiciis quam in scholis).33 In 1234 Pope Gregory IX repeated this significant gesture by publishing his great collection of decretals, the Liber extra, addressing it to the academics of Bologna (and Paris) in the very words of Innocent III promulgating the Tertia compilatio. Especially under the heading De magistris, the new Compilatio included all the principal regulations for higher education from the time of Pope Alexander III, and so 31

32

33

E. M . Meijers, 'L'Universita di N a p o l i nel secolo XIII', in E. M . Meijers, Etudes d'histoire du droit, vol. Ill (Leiden, 1959), 149—60; P. N a r d i , ' C o m u n e , I m p e r o e P a p a t o alle origini dell'inseg n a m e n t o universitario in Siena', Bullettino senese di storia patria, 9 0 (1983), 55ff. E. C o r t e s e , 'Scienza di giudici e scienza di professori t r a XII e XIII secolo', in Legge giudici giuristi ( M i l a n , 1982), 117, 122. L. E. Boyle, 'The Compilatio Quinta and the registers of Honorius III', Bulletin of Medieval Canon Law, 8 (1978), 9—19.

Relations with authority sanctioned the discipline elaborated by the Church of Rome over nearly three-quarters of a century.34 Meanwhile in 1231 Gregory IX successfully concluded his mediation in the controversy between the university community of Paris and King Louis IX of France. His bull Parens scientiarum recalled teachers and scholars to Paris, confirmed and clearly recapitulated the regulations made by Cardinal Robert of Courson, and introduced further measures to protect scholars and teachers, authorizing them to suspend lessons whenever their privileges were seriously infringed. At the same time the pope exhorted the king to renew the privileges granted to scholars by his predecessor Philip II Augustus, and in particular asked him to agree that rents in the hospitia should be fixed by a joint committee of two masters and two citizens.35 The most significant order made by Gregory IX in scholastic affairs is contained in his bull of 1233 to the Toulouse universitas of masters and scholars, 36 and to the bishop and Count Raymond. This granted the students of Toulouse equal privileges with their colleagues in Paris, and made the signal concession that anyone examined and awarded the licentia docendi in Toulouse could freely regere ubique, that is, teach anywhere without undergoing further examination. This important concession aroused so much apprehension that hardly a year later the pope had to send the bishop of Paris assurances that the privilege granted to the Toulouse studium would not prejudice the privilege of the Paris studium relating to the award of the licentia. A few years before, Gregory IX had exempted several masters of arts and medicine who had taught in Angers and Orleans from further examination before they were allowed to teach in Paris. By the will of the pope, therefore, a rift was opening in the system of recruiting teachers, a system founded on the privileged position rightly enjoyed by the oldest and most authoritative studia as teacher-training centres for the whole of western Europe. Henceforth the Holy See's scholastic policy was strongly to encourage the formation of new schools, especially outside Italy and in territories not de facto subject to imperial jurisdiction and therefore not directly controlled by the Emperor Frederick II. Thus in 1233 Pope Gregory IX conferred important privileges on the Cambridge studium, founded in 1209 by a migration from Oxford; he recognized the existence of the scholars' universitas, and granted its members the right of trial only within the diocese of Ely, to which Cambridge belonged (ius non trahi extra).37 A few years later the same pope sent a brief to the bishop of Orleans authorizing the teaching of Roman law in 34

35 36

37

A. F r i e d b e r g (ed.), Corpus iuris canonici, vol. II (Leipzig, 1879), 1-4, coll. 7 6 8 - 7 1 (X.5.5); coll. 1 4 - 1 5 ( X . i . 2 . 1 1 ) ; coll. 2 1 5 - 1 6 (X.1.38.7); coll. 5 2 0 - 1 (X.3.18.1); coll. 463 (X.3.4.12). CUP, vol. I, 1 3 6 - 9 , n o . 79; 140, n o . 82. C. E. Smith, The University of Toulouse in the Middle Ages. Its Origins and Growth to 1500 AD ( M i l w a u k e e , W i s . , 1958), 57ft. M. B. Hackett, The Original Statutes of Cambridge University. The Text and its History

(Cambridge, 1970), 51, 53ff.

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Paolo Nardi Orleans, Honorius III having forbidden it in Paris. In doing so Gregory bowed to the wishes of many doctors of law and scholars, on condition that the scholars were not members of the clergy with cure of souls, who were again forbidden to study civil law.38 The higher education policy of Gregory IX was continued by Innocent IV (Sinibaldo Fieschi of Genoa), who ascended the papal throne in the summer of 1243, when Frederick II was consolidating his hegemony over the ecclesiastical hierarchy, especially in Italy. In the autumn of 1244, fearing complete subjection to the will of the emperor, the new pope fled to France, where he turned his attention mainly to the transalpine studia and schools. In the university community in Paris he found little to add to the firmly based system of privileges and guarantees set up by his predecessors; it remained for him only to confirm previous provisions and agreements, and to grant the ius non trahi extra in 1245. At the same time Innocent IV extended to the Toulouse studium the rules made for Paris in the bull Parens scientiarum of Gregory IX, and granted secular students of theology at the Dominican studium in Dijon rights equal to those of their colleagues in Paris, and especially the privilege allowed by Honorius III of continuing to draw the income of their benefices even in their absence. But the most significant results of Sinibaldo Fieschi's university policy during his stay in Lyon were the foundation of the papal studium {studium curiae) in 1244-5 a n ^ t n e Piacenza studium in 1248, and his concessions to the teachers and scholars of Narbonne in 1247. In every case the pope provided that teachers and students should enjoy the same privileges, indulgences, freedoms, and immunities as their colleagues in the studia generalia. Turning in particular to the bishop, clergy, and people of Piacenza he quoted as an example of a studium generale the one in Paris.39 These were important innovations in official language; never before had the public authorities used the term 'studium generale* or indicated the Paris studium as a prototype. When the Emperor Frederick II proclaimed in 1226 that he had founded the Naples studium 'in the general interest' (ad generale commodum) of all persons wishing to study and be trained in the disciplines of scholars, the expression was probably not used in a technical sense to mean a studium generale. In the late 1230s and early 1240s, however, the term studium generale was used with an exact meaning in the works of authoritative masters of canon law such as Goffredo of Trani and Bernard of Botone. For them it was an institution in a city of royal foundation (as opposed to villae and castella) which could be frequented by students 'from almost any part of the world' (quasi de omnibus partibus mundi), who if they were 38 39

E. M . Meijers, 'L'Universite d ' O r l e a n s au XIHe siecle', in Meijers, Etudes (note 31), 28. E. Falconi and R. Peveri (eds.), // Registrum Magnum del Comune di Piacenza, vol. I (Milan, 1984), 303-4, no. 146; R. Creytens, 'Le "Studium Romanae Curiae" et le Maitre du Sacre Palais', Archivum fratrum praedicatorum, 12 (1942), 23ff.; M. Bellomo, 'Intorno a Roffredo Beneventano: professore a Roma?', in M. Bellomo (ed.), Scuole diritto e societd nel Mezzogiorno medievale d'ltalia, vol. I (Catania, 1985), 172. 90

Relations with authority theologians could continue to draw their prebends during their absence. Understandably, as a trained jurist Pope Innocent IV was disposed to accept officially a term formerly generic but fast acquiring a precise technical meaning.40 His concessions of 1244-8 did not put the new studia on a completely equal footing with the studium generate of Paris, particularly as they made no mention of the award of the licentia docendi and so conveyed that the function of the studia was merely to teach. On the death of the Emperor Frederick II in 1250 his plans for higher education collapsed. Innocent IV returned to Italy and followed the traditional papal policy of support to university communities. He was perfectly familiar with their theoretical as well as practical problems, having dealt fully in his legal works with the nature and character of a universitas. In 1253 he approved the statutes of the community of scholars {universitas scholarium) in Bologna. These, as far as is known, regulated inter alia the time allowed scholars to pay the masters' fees, feast-days, the obligation to hold disputations at the beginning of the academic year, and (perhaps later) the puncta - the time in which teachers were required to 'read' (expound) the books of law - and penalties for non-compliance.41 The texts as we know them are probably not complete, so that it is impossible to say to what extent the Bologna universitas had become independent of the commune and the church; but for a long time past the rectors' powers must have included jurisdiction in civil lawsuits and minor criminal cases. In 1252 Innocent IV had granted special privileges to the universitas of masters and scholars in Siena, whom he declared to be completely immune from taxes and forced labour (servitia, tallia, collecta, and angariae) levied on their person or property by the city of Siena. Finally he confirmed the universitas of scholars and masters in Oxford in the full enjoyment of the immunities, freedoms, customs, and statutes already being observed by them. The same policy of ubiquitous intervention in the universities' internal affairs was followed by Pope Alexander IV, especially towards the Paris studium, of whose superiority to the studia generalia of more recent foundation he was very well aware. In a striking phrase he compared its role in the church to 'the tree of life in God's paradise' (lignum vitae in Paradiso Dei), and accordingly issued orders in April 1255 abolishing, modifying, or making innovations in some of the statutes of the University of Paris, including those on the suspension of courses as a sign of protest, the procedure for co-opting new teachers, and the powers of the chancellor. The ecclesiastical authorities' extreme zeal and interest in the discipline and activities of the Paris studium 40

41

O n the studium generate concept, see E. Cortese, 'Sulla scienza giuridica a Napoli tra Quattro e Cinquecento', in Bellomo (ed.), Scuole diritto (note 39), 44—6; Nardi, 'Comune, Impero e Papato' (note 31), 6 2 - 5 . D. Maffei, 'Un trattato di Bonaccorso degli Elisei e i piu antichi statuti dello Studio di Bologna nel manoscritto 22 della Robbins Collection', Bulletin of Medieval Canon Law, 5 (1975), 85-101.

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Paolo Nardi led them after a few years to condemn severely philosophical doctrines judged heterodox, such as those professed by Siger of Brabant, Boethius of Dacia, and other exponents of Latin Averroism. These were definitively condemned in 1277 by Stephen Tempier, bishop of Paris.42 RELATIONS BETWEEN SECULAR AUTHORITIES AND UNIVERSITIES IN THE THIRTEENTH CENTURY

The privileges granted by the thirteenth-century popes would never have been put into effect but for the constant collaboration of the secular authorities, whether royal or local. A striking example is Piacenza, where in spite of the foundation of the studium generate by Innocent IV the ruling class of citizens failed to provide conditions in which a studium could be formed or grow up. 43 In contrast, the kings of England strongly supported the studium at Oxford and Cambridge. From 1231 onwards Henry III issued orders confirming and consolidating the privileged position already enjoyed by masters and scholars as a result of ecclesiastical concessions. The privilege granted to the Oxford universitas by the papal legate in 1214, of directly controlling rents of scholars' lodgings through committees appointed for the purpose, could never have been put into practice without the cooperation of the secular authorities. It was they too who enforced the rule (also applied in Paris and Montpellier) that students must be entered on a teacher's list; the sheriff was ordered to imprison students who did not register as scholars within a fortnight of their arrival. These and other royal orders became part of the statutes of the universitas of Cambridge issued around 1250. In 1244 King Henry III granted the chancellor of the universitas at Oxford wide powers of jurisdiction, making him competent to try cases of debt, the fixing of rents for lodgings, the hire of horses, breaches of contract, and purchase of victuals where one of the parties to the lawsuit was a member of the universitas. In 1248 the king granted the universitas further privileges, conferring upon it authority to superintend trade in victuals within the city. No less decisive was the action taken by the kings of Castile and Leon in Spain; Alfonso VIII of Castile (1158-1214) founded a studium in Palencia, engaging Italian and French teachers of theology, canon law, and arts, and Alfonso IX of Leon (1188-1229) founded the studium of Salamanca. The latter foundation was confirmed and reorganized by Alfonso X the Wise (1252-84), who regulated the stipends of professors and the jurisdiction of the 42

43

CUP, vol. I, 279-85, no. 247; 543ff., no. 473; M . G r a b m a n n , Mittelalterliches Geistesleben. Abhandlungen zur Geschichte der Scholastik und Mystik, vol. Ill (Munich, 1956), 159-96; J. Chatillon, 'L'exercice d u pouvoir doctrinal dans la chretiente d u XIII siecle: le cas d'Etienne Tempier', in J. Chatillon, D'lsidore de Seville a Saint Thomas d'Aquin. Etudes d'histoire et de theologie (London, 1985), essay no. XV, 13-45. E. Nasalli Rocca, 'Lo " s t u d i u m generale" di Piacenza nel sec. XIII. C o n t r i b u t o alia storia delle Universita', Bollettino storico piacentino, 51 (1956), 129—41.

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Relations with authority bishop and alcalde of the city.44 The secular authorities, however, had first to enlist the cooperation of the local ecclesiastical authorities (the bishop of Palencia, and the bishop and chapter of Salamanca) and then to apply to the Holy See to obtain for both foundations the dignity and privileges of studia generalia, albeit with certain restrictions. Thus in 1255 Pope Alexander IV solemnly confirmed the foundation of Salamanca and granted it the prerogatives of a studium generate, including recognition of the licentia ubique docendi, except in Paris and Bologna.45 And in 1263 Pope Urban IV granted the masters and students of Palencia the usual immunities, freedoms, and indulgences enjoyed by their colleagues in Paris and other studia generalia, in the same terms as for Piacenza but (as for that city) without mentioning the licentia ubique docendi. In the thirteenth century kings and princes became more anxious to have the services of university-trained administrators. Already at the end of the twelfth century officials known as magistri were working in the English royal chancery, but only in the reign of Louis IX did university-trained officials become numerous and influential in the French bureaucracy and court. From the latter half of the thirteenth century onwards, and especially after Philip the Fair became king in 1285, many jurists entered the Parlement and the royal curia, most of them from the Orleans studium or trained in Roman Law at that school, and some of them vigorously upheld the French monarchy's ambitions to take the place of the Holy Roman Empire and assume its prerogatives and rights of dominion. When an Angevin ascended the throne of the kingdom of Sicily after the Hohenstaufen dynasty became extinct, the relations of the Orleans Law school with the house of Anjou were just as close. Thus in 1266 Charles I re-established the Naples studium, attracting to it teachers from Orleans, and employing some of them in high offices of state rather than in teaching.46 Although the transformation of law into 'a culture of officials' was 'typical of monarchies', even then and even in the studia in the Italian communes it was becoming common for doctores to produce works intended mainly for the legal profession and the town magistrates, and among the latter appeared the first important authors of legal works of great technical value.47 The time had long gone by when the professors of Bologna had deplored the ignorance of judges; city governments were now increasingly interested in subsidizing 44

45

46

47

A. Perez M a r t i n , ' I m p o r t a n c i a de las universidades en la recepcion del derecho r o m a n o en la Peninsula iberica', Studi sassaresi, 8 (1980-1), 2 8 5 - 8 . V. Beltran d e H e r e d i a , Bulario dela Universidad de Salamanca (1219-1549), vol. I ( S a l a m a n c a , 1966), 3 2 2 - 3 , n o . 15; see also 32off., n o s . 1 1 - 1 4 a n d 16. Meijers, 'Universite d ' O r l e a n s ' (note 38), 5-24; Meijers, 'Universita di N a p o l i ' (note 31), 149—66; D . Maffei, 'II giudice t e s t i m o n e e u n a " q u a e s t i o " di J a c q u e s d e Revigny' ( M s . Bon. Coll. H i s p . 82)', Tijdschrift voor Rechtsgeschiedenis, 35 (1967), 7 1 - 3 ; J. R. Strayer, Les Gens de justice du Languedoc sous Philippe le Bel ( T o u l o u s e , 1970). Cortese, 'Legisti, canonisti e feudisti' (note 1), 272; Cortese, 'Scienza di giudici' (note 32), 117-29.

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Paolo Nardi and regulating their own schools. Thus in Padua, after 1260, the commune decreed that new professorial chairs should be set up at the university and undertook to pay the stipends of foreign teachers, drawing up rules for students' mutual benefit societies, the production of manuscripts, and the availability and rent of lodgings, and so set in motion a fruitful process of 'refoundation' which was to have important results, especially at the turn of the thirteenth century. Similarly, the communes of Perugia, Siena, and Modena in the latter half of the thirteenth century took it upon themselves to engage masters and recall scholars, offering them excellent living conditions in accordance with the provisions of ordinary law relating to their safety and privileges.48 The commune of Bologna, in particular, steadily extended its influence and control over the studium^ granting the students the right to compensation for damage suffered in riots or fires and concessions regarding rents, food purchase, and the validity of contracts and wills made in a form other than that required by the laws of the city. It also granted them a status similar to that of the citizens of Bologna as regards liability to 'reprisals' in conformity with all the provisions of the Habita constitution of more than a century before. As a corollary, however, the jurisdiction of the town magistrates was extended and that of the rectors restricted, and the commune gradually took over the recruitment of teachers and the burden of paying masters' salaries, previously paid by the scholars' contributions (collectae), so that the scholars lost an ancient and important prerogative. In this way municipalization of the Bologna studium was greatly stimulated. It could no longer be checked at the end of the thirteenth or the beginning of the fourteenth century, when the commune intervened more rigorously in the life of the universitas, interfering in the election of rectors and making secular scholars completely subject to municipal jurisdiction in criminal cases. The latter provision, whilst admittedly confirming a long-standing practice, finally deprived the scholars of an ancient privilege dating back to the Habita constitution, but left clerics under the bishop's jurisdiction. Despite the universally recognized primacy of the studia of Paris, Bologna, Montpellier, Oxford, and Cambridge, they lacked any official declaration of the right to confer the licentia ubique docendi. Only a universal power (potestas generalis) could grant this right, as it had done in Toulouse and Salamanca, which had received this important privilege from Pope Gregory IX and Pope Alexander IV, respectively. The special status of the Paris and Bologna studia was implicitly recognized by the refusal of Pope Alexander IV to permit teaching there by licentiati from the studium generale of Sala48

G. Arnaldi, '11 primo secolo dello Studio di Padova', in Storia della cultura veneta, vol. II, // Trecento (Vicenza, 1976), 14—17; M. Bellomo, 'Studenti e "Populus" nelle citta universitarie italiane dal sec. XII al XV, in Universid e societd, 6yii.\ G. Ermini, Storia della Universitd di Perugia, vol. I (Florence, 1971), 15ft.; C.G. Mor and P. Di Pietro, Storia dell'Universitd di Modena, vol. I (Florence, 1975), 12.-19; Nardi, 'Comune, Impero e Papato' (note 31), Sy(i.

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Relations with authority manca. Pope Nicholas IV granted official recognition of the licentia ubique docendi to Montpellier in 1289, to Bologna in 1291, and to Paris in 1292. Oxford failed to obtain it, in spite of the efforts of King Edward I and King Edward II between 1303 and 1317, but in 1318 Pope John XXII issued a papal bull appointing Cambridge a studium generale^ which henceforth also implied the grant of the licentia. At the end of the thirteenth century and in the first two decades of the fourteenth, the papacy was in fact pursuing its higher education policy with renewed vigour, as is shown by the decisions of Nicholas IV and his successors Boniface VIII and Clement V. Thus in 1290 Nicholas IV granted studium generale status to the school founded in Lisbon by King Denis the Just of Portugal in 1288-9 and in 1291 to the school founded at Gray by Count Otto IV of Burgundy in 1287. Boniface VIII instituted the studium generale of Rome in 1303 and that of Pamiers in 1295. He raised Avignon to university status in 1303, as did Clement V the already famous schools of Orleans (in 1306) and those of Perugia (in 1308).49 Clement V issued orders for the foundation of chairs of Hebrew, Arabic, and Chaldean in the studia of Paris, Bologna, Oxford, and Salamanca, not all of which complied, and forbade newly graduated doctors to spend more than three thousand silver turonenses to celebrate the award of their degree. These orders completed the regulations made by the church on higher education, and were incorporated into the collection of Clementinae decretals issued by his successor John XXII on 1 November 1317 and sent to many universitates.50 Among the documents of that period the decree for the foundation of the studium generale in Rome is of special interest. It was promulgated by Pope Boniface VIII (Benedict Caetani) at Anagni on 6 June 1303, towards the end of his conflict with King Philip the Fair of France and the clergy supporting him, and a few months before the pope's humiliation and death. As well as making the customary provisions for the institution of the studium generale and the grant to masters and scholars of all the privileges, freedoms, and immunities conferred upon their colleagues in other studia generalia, the decree regulated in detail the status to be enjoyed by professors and students, so recapitulating in essentials the entire discipline for studia generalia gradually built up and consolidated over more than a century on the model of Paris and Bologna. This is a highly significant event, taking into account that 49

50

M . Meyhofer, 'Die kaiserlichen Stiftungsprivilegien fur Universitaten', Archiv fur Urkundenforschung, 4 (1912), 396H.; G. L. Haskins, ' T h e University of Oxford and the "Ius ubique docendi" ', English Historical Review, $6 (1941), 281—92; A. Garcia y Garcia, 'Aspectos de la Universidad Portuguesa Medieval', in Universities in the Late Middle Ages, i34ff., 139. Clementinae 5.1.1 and 5.1.2, in A. Friedberg (ed.), Corpus iuris canonici, vol. II (Leipzig, 1879), coll. 1179—80. O n the application of Clementinae 5.1.1 see D. Maffei, 'Alberico di Metz e il suo apparato sulle Clementine', Bulletin of Medieval Canon Law, 1 (1971), 44 n. 4; F. Soetermeer, ' T h e Origin of Ms. D'Ablaing 14 and the Transmissio of the Clementines to the Universities', Tijdschrift voor Rechtsgeschiedenis, 54 (1986), 108-12.

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Paolo Nardi the pontificate of Boniface VIII and with it the political apogee of the papacy were drawing to an end, and that the Avignon 'captivity' of the Church of Rome was about to begin. THE GROWING SUPPORT OF SECULAR AUTHORITIES IN THE FOURTEENTH CENTURY

In the first half of the fourteenth century the secular authorities became much more active in higher education. In many parts of Europe princes and communities of citizens joined the ecclesiastical authorities in promoting and organizing new and old centres of learning. At the beginning of the century the Angevins showed particular solicitude for the Naples studium, giving it special protection,51 and for the studium of Avignon in Provence, which Charles II sedulously protected, granting the masters and scholars many privileges and trying to ease their poverty by giving them leave to appoint a banker to lend them money.52 He attempted, however, to encroach upon the independence of the universitas of doctors and students there by ordering that an official from his curia should be appointed to the committee fixing rents for accommodation in the hospitia, to act as referee in case of disputes between the universitas and the town. Meanwhile, as part of his conflict with Boniface VIII, King Philip the Fair of France repeatedly interfered in the internal affairs of the Paris studium, in pursuance of the plans for his hegemony elaborated by his court and the Orleans school of law. King Diego II of Aragon gave Lerida a studium adequately protected and furnished with professorial chairs paid for by the town, and obtained for it from Boniface VIII privileges equal to those of Toulouse. Some years later, in 1318, Frederick of Habsburg, king of the Germans and pretender to the imperial throne, granted the town of Treviso permission to found a school for the teaching of law and any other discipline solemniter et generaliter, that is, to standards as high as in a studium generate. In the northern part of central Italy communes boasting a respectable cultural tradition, and which for many decades, although not continuously, had financed professorial chairs and schools of higher education, spent great sums of money in an effort to deprive Bologna of the supremacy it had enjoyed since the twelfth century. In the first decades of the fourteenth century Padua, Perugia, Siena, and Florence, taking advantage of the crisis opposing the town of Bologna and the scholars of its studium, spared no pains to attract teachers and students, promising them ideal living conditions and continuance of their existing privileges. Some communes made extraordinary efforts of organization to put their studium on a sound financial basis and consolidate their 51 52

F. Sabatini, Napoli Angioina: cultura e societd (Naples, 1975), i8ff., 223ff. G. M . M o n t i , ' D a C a r l o I a R o b e r t o d ' A n g i o . Ricerche e d o c u m e n t i ' , Archivio storico per le province napoletane, 57 (1932.), izjti., i3off.

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Relations with authority administration, appointing 'wise men' or 'officers' to look after the requirements of the studium and approach illustrious teachers, to whom they offered lavish rewards and good lodgings to attract their services. Relations between the university and the local authorities accordingly became closer and the authorities exercised stricter control over their studia; but any attempt to improve organization would have failed had not the competent authorities granted the title and privileges of a studium generate, without which no academic institution could now survive. Municipal governments, especially those of Perugia, Siena, and Florence, therefore had to make protracted efforts to get the popes to bestow the prestigious title and its corollary, authority to grant the degree of doctor; only Perugia managed to obtain this in time to take full advantage of the crisis of 1321 in the Bologna studium, especially in the teaching of law.53 One after the other, princes outside Italy promoted the foundation of new studia - the Dauphin Humbert II at Grenoble in 1339 and, more importantly, Charles IV of Luxemburg at Prague in 1347.54 The secular authorities were eager to found a university because they wanted a steady supply of better trained and more cultivated officials, and even more because they aspired to possess and control a centre of education that would rival the most ancient and famous seats of learning, and spare their subjects the discomforts of having to study abroad. For some years after his coronation as emperor in 1355, Charles IV of Luxemburg successfully opposed the papal monopoly of the award of the title of studium generale and the privilege of ubique docendi. Breaking with the policy of his predecessors, who from the time of Frederick II onwards had taken no interest in higher education, he hastened to grant a studium generale to the Italian cities of Arezzo, Perugia, and Siena, and later to Pavia, Florence, Lucca, and Orange. It is, however, significant that the charters of Charles IV confirmed the regulations established long ago, predominantly by the church, and repeated the organization of the studia generalia as modelled mainly by the church. This was particularly so in respect of the privileges of universitates - exemption from taxes, dues, or 'reprisals' (seizure of person or property), and the award of academic degrees. These had to be awarded by the bishop or his representative from the council of doctors and masters of the studium (de consilio doctorum et magistrorum studii).55 In this way the studia generalia, founded by the public authorities and substantially uniform in organization and purpose although located far apart and living under dissimilar 53

54

55

Especially for Siena: G. Prunai, 'Lo Studio senese dalla " m i g r a t i o " bolognese alia fondazione della " D o m u s S a p i e n t i a e " (1321-1408)', Bullettino senese distoria patria, 57 (1950), 3-54. For Florence: E. Spagnesi, 'I documenti costitutivi dalla provvisione del 1321 allo statuto del 1388', in Storia dell'Ateneo fiorentino. Contributi di studio, vol. I (Florence, 1986), 109-45. A. Vetulani, 'Les origines et le sort des universites de l'Europe centrale et orientale fondees au cours du XlVe siecle', in Universities in the Late Middle Ages, i5off. Meyhofer, 'Kaiserlichen Stiftungsprivilegien' (note 49), 320-30.

97

Paolo Nardi political systems, began their functional relationship with the papacy and the empire, which in the medieval view were authorities complementing each other. Ecclesiastical interest in higher education did not slacken in the fourteenth century, in spite of the growing involvement of secular rulers and the end of papal hegemony in European politics. During the Avignon 'captivity' (1309—76), the universities of the south of France and Provence benefited most from papal grants and from the influx of intellectuals having connections with the papal court. The Avignon studium in particular had as masters famous jurists who were also employed on official duties for the papal curia.56 In 1339 the Montpellier studium received from the Cardinal Legate, Bertrand de Deaux, new regulations which ensured that the bishop should control the award of academic degrees and have powers of jurisdiction, and confided responsibility for day-to-day administration to the students, and for teaching to the masters. The statutes of the Toulouse studium were reformed, Pope John XXII, born in Cahors, founded a studium there in 1332, and in 1339 Benedict XII raised the Grenoble studium to the rank of studium generate. Especially in the first part of the fourteenth century, however, the popes continued to exercise tight control in Paris, still the most important centre for the teaching of theology, and proved willing to entertain applications from other sources. Thus Clement VI (1342-52) conferred the title of studium genetale on Valladolid in 1346 at the request of King Alfonso XI of Castile, on Prague in 1347 at the request of King Charles IV (the future emperor), and on the studia of Pisa (1343), Padua (1346), and Florence (1349). Later, perhaps because of the energetic policy of the Emperor Charles IV, papal policy towards the universities became more selective. Pope Urban V (1362-70) in particular did not stop short at granting privileges and titles, but tried to regulate the establishment of faculties of theology, found more university colleges, and reaffirm ecclesiastical prerogatives, especially for the award of academic degrees. The most significant features of his policy were his confirmation of the studium generale and licentia ubique docendi to three European rulers: Casimir III of Poland for the studium generale of Cracow in 1364, Duke Rudolf IV of Austria for the studium generale of Vienna in 1365, and King Louis I of Hungary for the studium generale of Pecs in 1367; but the pope did not grant these three studia a faculty of theology, being of the opinion that, in those parts, conditions were not favourable to the formation of theological schools. He did, however, found the theological faculty in Padua, and agreed to improvements in the operation of the theological faculties in Bologna, Toulouse, and Florence, mainly to decentralize theological 56

J. Verger, 'Les rapports entre universites italiennes et universities fran^aises meridionales (XII-XV siecles)', in Universita e societd, i57rf., 174^-; J- Verger, 'L'Universite d'Avignon au temps de Clement VII', in Genese et debuts du Grand Schisme d'Occident (Paris, 1980), 185-200.

98

Relations with authority studies but probably also to promote criticism of the Ockhamist doctrines professed by the doctors and scholars of Paris, and to revive the Thomist doctrines that he himself professed. Urban V strongly asserted that the award of academic degrees was an ecclesiastical prerogative; he even declared that Casimir's order to the royal chancellor of Cracow to exercise that function was invalid, and that only the bishop was entitled to perform it. In Urban's time and that of his immediate predecessors and successors, many more colleges for poor students were founded in Italy and elsewhere, either by the popes or by prelates of high rank. 57 Although in the fourteenth century many universities were founded and others were granted the privileges of a studium generale, only those universities assiduously supported by their founders or administrators proved viable for long. In central and eastern Europe, in spite of the solemn foundation of studia in Vienna, Cracow, Pecs, and Prague, a flourishing university grew up only in Prague, principally because of the support of the Emperor Charles IV, who endowed each faculty with a building and provided for the subsistence of the masters in various ways, even founding the Collegium Carolinum for twelve of them in 1366. Meanwhile, in Italy universities flourished and took firm root in the great cities where governments, either directly or through their nominees, issued strict and detailed regulations for the organization of the stadium, closely supervised its operation, and did not cut their spending on education to supply more pressing demands such as those for weapons of war. Prosperity and crisis alternated in the Universities of Perugia, Padua, Siena, and Florence, as the city authorities alternatively showed them care and neglect, and the Naples studium became an emblem of decay when in the reign of Queen Joan I (1343-81) it ceased to receive any support worthy of mention. In fact, in the kingdom of Naples, from the time of Robert the Wise (1309-43) onwards, the dearest ambition of many teachers in the university was to leave it and take up high office in the government and the church, as indeed many teachers of civil and canon law did. Many local authorities in the south of France were similarly indifferent to the needs of universities. In Montpellier, for example, the city consuls did not trouble to apply the regulations for the control of rents in the hospitia issued by Cardinal Bertrand de Deaux, who in 1344 threatened to revoke the privileges of the studium and even to transfer it elsewhere. Troubles infinitely more serious broke out between town and gown in Oxford, culminating on St Scholastica's Day (10 February 1355) in nothing 57

A. L. Gabriel, 'The College System in the Fourteenth-Century Universities', in F. L. Utley (ed.)> The Forward Movement of the Fourteenth Century (Colombus, 1961), 79—124 (especially 84ff.); A. L. Gabriel, 'Motivation of the Founders of Mediaeval Colleges', in A. L. Gabriel, Garlandia. Studies in the History of the Mediaeval University (Frankfurt-on-Main, 1969), 211-23.

99

Paolo Nardi less than a massacre of students by the citizens with the connivance of the bailiffs. The king took over the protection of the studium and appointed a panel of judges, which arrested the mayor and aldermen of Oxford and deprived the sheriff of office. Only when its existing privileges were confirmed, and further privileges granted by the royal charter of 27 June 1355, did the studium resume its activities: Oxford was sentenced to pay heavy reparations, and was humiliated by subjection of its civic representatives to the university. THE CONSEQUENCES OF THE GREAT SCHISM

The crisis following the Great Schism profoundly affected the studia generalia most closely linked to the papacy and church. From 1380 onwards there were two popes, Urban VI in Rome and Clement VII in Avignon. University communities were at once faced with a dilemma: recent practice required them to send the pope the rotuli (rolls) of petitions for benefices for the 'clerks';58 which pope should they declare for? At first they attempted to find a legalistic way round the difficulty by trying to establish which of the two elections was in accordance with canon law, and famous teachers including Baldus de Ubaldis and Giovanni da Legano gave their own authoritative opinion. Their views commanded respectful attention in Italian and foreign universities, but not unanimous agreement, particularly in the latter. Everywhere, on the contrary, there were conflicting loyalties, uncertainty, and fierce quarrels such as those between the Urbanist universities of Bologna or Prague and the French and Provencal universities, which were of course Clementist. The Paris studium offered the most intense turmoil and the most bitter internal divisions between its nations and the faculties until the supporters of Clement VII won the day with the decisive backing of the French kings.59 It was in the Paris studium^ more than in any other European intellectual centre, that the debate on how to end the Schism was most advanced, and that the foundations were laid on the conciliarist theories so profoundly influential in the ensuing decades. But, meanwhile, the firmly Clementist attitude of the French crown caused irremediable divisions among the teachers of the Paris studium^ preventing freedom of discussion and driving opponents into exile (1383). Nor did Urbanist ardour abate; in 1384 Pope Urban VI launched an active university policy, granting Vienna a faculty of theology and in 1385 founding the Heidelberg studium^ whose masters at once refused to recognize academic degrees awarded in Paris by the Clementist chancellor. Between 1386 and 1389 Urban VI, pursuing the same policy, granted the privileges of studium generale to Cologne, Lucca, Kulm, and Erfurt in an attempt to extend 58

D . E. R. W a t t , 'University Clerks a n d Rolls of Petitions for Benefices', Speculum,

34 (1959),

213-29. 59

R. N . S w a n s o n , Universities,

Academics

and the Great Schism

IOO

( C a m b r i d g e , 1979), 2.2-44, 58.

Relations with authority his influence, but was disappointed in his expectations. The net result was that more university institutions were founded in central and eastern Europe, and that studia such as those of Prague and Vienna flourished, benefiting by the exodus from Paris of the masters of the German nation. The universities in the south of France, however, suffered defections, even by Clementist masters, and entered upon a decline that spared only Avignon, obviously because of the curia there, which still strongly attracted masters and students whose ambitions lay in an ecclesiastical career. The Schism continued under the successors of Urban and Clement, keeping alive the debate in and between the universities on how to escape from a situation of growing confusion and danger to the church. The Paris studium was, as before, one of the most active parties; it pressed for an agreement, preferably that both popes should abdicate (1395), but both European academic circles and the most active architects of the Schism had grave doubts as to the wisdom of this course. In May 1398 the French universities were admitted to the Council of the French Church assembled to consider the question of obedience to the pope in Avignon (the Spaniard Pedro de Luna), but only the University of Paris exercised much influence, particularly towards the end of the Council, when it managed to push through the decision to withdraw obedience (subtractio oboedientiae) from Benedict XIII so as to end the feud between Avignon and Rome. That decision proved ineffective and doomed to failure when the University of Paris had again to swear obedience to Benedict XIII, under pressure from the French crown and from the minor studia of Angers, Montpellier, Orleans, and Toulouse (1403). In the first years of the fifteenth century conciliarist views came to be regarded as those most likely to end the Schism, and so gained ground in the principal studia of Europe; but the authority of the university doctors was on the wane, and they now supplied only a gloss of theory to each move by the ecclesiastical and temporal powers. The universities had in fact never regarded themselves as institutions responsible for reuniting the church, but only as counsellors of the religious and temporal authorities, leaving them the onus of policy and action. Consequently, the universities were not allowed to take part in decision-making, either during the attempts to end the Schism or in the General Councils that took place in Europe from 1409 until the midfifteenth century, although many academics took part in the discussions, stating their views and exercising great personal influence. The bitter quarrels that had marked the Schism and continued to divide the church in the conciliar period encouraged popes and anti-popes alike to interest themselves in the universities. At the end of the fourteenth century and in the first decades of the fifteenth, both Rome and Avignon were prodigal in granting privileges to religious and secular authorities wishing to set up studia in the territories under their jurisdiction. Evidently the rival popes realized that they needed the intellectual support of part of the academic world. They 101

Paolo Nardi therefore encouraged the foundation of universities in areas on whose fidelity they could count.60 FROM STUDIUM GENERALE TO PRINCELY INSTITUTION

Meanwhile the bitter controversies between the religious authorities, in which sovereigns too were involved, weakened what had been the function of the studia generalia from their very beginnings: that of supranational centres propagating an international culture. Instead, the universities were more closely associated with sovereigns and secular authorities and became, in effect, schools for the intellectual elite and ruling classes of the states in which they were situated. A striking example of this is the Prague studium generale. Still as an offshoot of the original idea of the university as a universallyminded pan-European institution, the Prague studium was founded in 1348 on the model of both Paris and Bologna. Its foundation was due to royal interest and a royal decision. Situated well away from a traditional older Europe racked by the notorious crises caused by the Schism, Prague University, elaborating on an existing studium generale of the religious orders, owed its existence and the favourable political terms that guaranteed its privileges and success to the patronage of a great sovereign, Charles IV. Before long - in 1372 - it was divided into a university of law and faculties of arts, medicine, and theology. It could draw on a wide supraregional recruitment area for its students and teachers, and consequently soon enjoyed an importance comparable to that of the older universities. The intention of Charles IV was not to give what might be called a 'modern national Bohemian' education, however modern he might have appeared at the time, but to glorify the abstract principles of dynastic prestige and the universal preservation of sovereignty. At Charles's death his university was still not strong enough to ride out the political and religious troubles which cast a shadow over King Wenceslas's reign, and consequently declined. The narrow pro-Czech policy applied by the university at the time of the struggle between the archbishop and the supporters of Wyclif, especially later on, when John Huss became active, and between the king and the princes of the Holy Roman Empire, plunged the university into meaningless mediocrity at the beginning of the fifteenth century. The non-Czech professors and students left Prague in a body, to the great benefit of Vienna, 60

H. Millet, 'Les Peres du Concile de Pise (1409): edition d'une nouvelle liste', Melanges de I'Ecole franqaise de Rome. Moyen Age. Temps modernes, 93 (1981), 713—90; M. C. Miller, 'Participation at the Council of Pavia-Siena, 1423-1424', Archivum historiae pontificiae, 22 (1984), 389—406; P. Uiblein, 'Zu den Beziehungen der Wiener Universitat zu anderen Universitaten im Mittelalter', in Universities in the Late Middle Ages, 188; A. Black, 'The Universities and the Council of Basle: collegium and concilium', in Universities in the Late Middle Ages,

IO2

Relations with authority Heidelberg, and most of all Leipzig, which most nearly became the successor of Prague University.61 Prague University of course set the princes and authorities of the empire and of eastern central Europe an example worth imitating of a really successful national studium generate, a studium in the guise of an old universal European institution, but with a new look. It was this that inspired many of them in the fifteenth century to set up similar institutions of their own. But neither the Schism nor the new conciliar outlook could alter the fact that these studia needed papal privileges. It was consequently easier than ever to get these, but they no longer meant universal recognition; their importance was merely formal. Even so, adopting and adapting the statutes of older European universities did suggest an apparently universal equilibration and a uniformity not confined by frontiers. In reality the authorities founded the new universities for their own political and religious ends; the foundation of universities at Leipzig (1409) and Rostock (1419) was quickly followed by that of seven others in the territory of the Holy Roman Empire, mainly at the expense of the secular authorities. But although these universities seemed to follow the traditional model and ideals, they had a distinctly regional slant. They were no longer founded for genuinely European reasons; it was rather the steady development of the Holy Roman Empire in the late Middle Ages as a group of independent territories that led princes and cities to found these universities, which enjoyed papal privileges granted by the popes to ensure papal supremacy. The universities were founded for a variety of reasons - a sovereign's ambition, the growing usefulness of scholars in public business, a prince's desire for prestige, and even piety or to bring economic relief to depressed areas, as in Louvain, Mainz, and Trier. All those universities, although superficially resembling their older universally-minded sisters, slowly changed in character. Their connections with the burghers and court circles were much stronger. Certainly, in spite of their outward conformity with the intentions of their founders, the universities enjoyed great freedom in their internal affairs, no less than their older sisters. They were not yet subject to the religious stranglehold of the state, as they were in the Reformation period. Spiritual and temporal interests could co-exist peaceably to a great extent and could even work together for a common purpose without disagreement.62 No less significant was the turn taken in the first half of the fifteenth century in the relationship between the Paris studium and the secular authorities, especially towards the end of the Hundred Years War. The university's 61

62

P. M o r a w , 'Die Universitat Prag im Mittelalter. Grundziige ihrer Geschichte im europaischen Z u s a m m e n h a n g ' , in Die Universitat zu Prag, Schriften der sudetendeutschen Akademie der Wissenschaften und Kiinste, 7 (Munich, 1986), yli. E. Schubert, 'Motive and Probleme deutscher Universitatsgriindungen des 15. Jahrhunderts', in P. Baumgart and N . Hammerstein (eds.), Beitrage zu Problemen deutscher Universitatsgrundungen der fruhen Neuzeit, Wolfenbiitteler Forschungen, 4 (Nendeln, 1978), i}tf.

103

Paolo Nardi prospensity to intervene in political and religious affairs (so evident at the time of the Schism) continued during the spread of English domination in France and the foundation there of the dual monarchy. At the crucial points of this long crisis the University of Paris never failed to play a part of the first importance. Its apparently inconsistent behaviour towards the rival parties was in line with the openly pacifist views of its academics, who had no hesitation in proclaiming fidelity to the king of France, even if that king were an Englishman; but they did so to obtain the favour and protection of the crown, as they looked upon the studium qua studium as an institution governed by privileges granted by the popes as universal rulers. The representatives of the royal power, however, declared that the king of France was emperor in his kingdom and was not subject to any other authority there; but it was for the king only, and not for the pope or any other person, to create bodies such as the university and endow them with privileges; and that the University of Paris could therefore enjoy its privileges only by submitting to royal control and jurisdiction. The controversy - never a bitter one - ended in 1446 when Charles VII ordered all cases, including civil cases, relating to the University of Paris to be dealt with by the Parlement.63 In 1452 the Cardinal Legate Guillaume d'Estouteville promulgated a general reform of the statutes of the University of Paris, mainly at the instigation of high officials of the crown, including the president of the Parlement, in obedience to the orders of the king himself. Henceforth France tended to restrict drastically the immunities and privileges which the academics of the twelfth to fourteenth centuries had enjoyed before the complete consolidation of the French monarchy. Toulouse University, for example, recognized the Parlement of Toulouse as a referee in university controversies, and in the second half of the fifteenth century relied more and more on it to settle administrative difficulties in the university.64 At the end of the Middle Ages nearly all the principal states of Europe had universities of their own, founded on the authority of pope or emperor, but the supreme authorities of the Respublica christianorum did no more than grant certain initial privileges. Therefore the institutions they founded were completely dependent on their local authorities, especially the secular ones, for their administration and operation. Let us take as an example the Louvain studium, founded by Martin V in 1425 at the request of John IV, duke of Brabant, the inhabitants of the city, and the chapter of St Peter: the ecclesiastical authority reserved the right to award the licentia ubique docendi, and the provost of the chapter of St Peter was appointed chancellor with the power to award academic degrees, but the studium began to function only because of the financial support of the duke and citizens, who sincerely 63

64

J. Verger, ' T h e University of Paris at the end of the H u n d r e d Years' W a r ' , in Universities Politics, 4 7 - 7 8 . Smith, University of Toulouse (note 36), i83ff. 104

in

Relations with authority wanted to have efficient university schools.65 Rulers were convinced of the social importance of universities, not least as training centres for their own civil servants. At the petition of Louis II, king of Sicily and count of Provence, Alexander V created by bull in 1409 a studium generale in Aix-en-Provence with the privileges of Paris and Toulouse. To be sure of the viability of the new institution, Louis II compelled his Provencal students to study at Aix only.66 In fourteenth- and fifteenth-century Italy, as the free communes and citizen Signorie were replaced by larger territorial states, the organization and distribution of the studia were correspondingly affected. Most of them had come into being spontaneously in the thirteenth and fourteenth centuries, and had been consolidated by the zeal of the local government. Like rulers elsewhere, the fifteenth-century Italian princes and republican oligarchies were ambitious to possess studia renowned for the quality of their teaching and able to train a ruling class and a professional elite. Thus both the Visconti and the Sforza dynasties of the dukes of Milan, tried to make the Pavia studium generale the principal university in the dukedom, to the especial detriment of Parma. They restricted as much as they could the rector's jurisdiction and the powers of the universitas to make its own regulations, and tried to transfer them to the ducal government; and, by taking over the financial administration of the studium^ they assumed control over the selection and payment of teachers and regulation of its teaching.67 The Aragonese sovereigns of Naples adopted similar methods when they refounded the old Hohenstaufen studium generale^ which had suffered a serious decline towards the end of Angevin rule. They renewed 'public participation in the organization of the school and in the formation of a body of teachers paid from the public purse'. The Aragonese princes had previously founded a studium in Sicily: in 1434 Alfonso V the Magnanimous approved the opening of a university in Catania, probably at the suggestion of dignitaries of the royal council having connections with that city, and perhaps to compensate Catania for the transfer of the royal court to Palermo. The new studium generale was granted privileges by Pope Eugenius IV, and from the very beginning was controlled and administered by the central authority and the citizen commune, in conflict with the bishop-chancellor (who was empowered to award doctorates) over the collection of income for the benefit 65

66

67

E. J. M . van Eijl, ' T h e F o u n d a t i o n of the University of L o u v a i n ' , in Universities in the Late Middle Ages, 29-41. For the Aix studium: D. Maffei, Giuristi medievali e falsificazioni editoriali del primo Cinquecento (Frankfurt-on-Main, 1979), 7 - 9 , 13-15, 4 0 - 2 , 68. M . C . Zorzoli, 'Interventi dei duchi e del Senato di M i l a n o per l'Universita di Pavia (secoli XV—XVI)', in Universitdesocietd, 553-73; M . G. Di Renzo Villata, 'Scienza giuridica e legislazione nell'eta sforzesca', in Gli Sforza a Milano e in Lombardia e i loro rapporti con gli Stati italiani ed europei (1450-1535) (Milan, 1982), 65—145. For the Parma studium: C. Piana, 'L'Universita di Parma nel Q u a t t r o c e n t o ' , in Parma e VUmanesimo italiano (Padua, 1986), 108.

105

Paolo Nardi of the university. The college of teachers and the universitas scholarium never had any influence to speak of.68 The popes lavished special care on the Rome stadium, behaving towards it like secular princes, and the citizens of Florence did much to help their studium, spending large sums to pay its teachers.69 The Venetian republic tightened its grip on the Padua studium, and the counts (later dukes) of Savoy and the Turin commune established and organized a prestigious centre of learning.70 Even minor Italian states like the marquisate of Este and the republic of Siena worked zealously to provide themselves with schools and teachers of a high standard, competing with richer cities able to offer greater inducements.71 As has recently been pointed out, 72 all the studia that flourished in Italy in the late Middle Ages vied with each other in recruiting masters at high salaries and offering students better living conditions. This explains why governments had to enact protectionist laws, why they carefully administered the finances of the studium, and why it was general practice to restrict the powers of rectors of universitates to civil law cases, and sometimes as well to minor criminal cases. All in all, Italian centres of learning gradually became provincialized, although some of the best teachers remained continually on the move from one studium to another73 and there was an influx of students of various nationalities. Academics in Italy thus became more and more closely associated with the ruling oligarchy, composed of the richest families, who filled the principal public offices and the most sensitive diplomatic posts, and who acted as subtle mediators between the universities and the shifting kaleidoscope of politics and society.

68

69

70

71

72

73

A. R o m a n o , iLegum doctores' e cultura giuridica nella Sicilia aragonese. Tenderize, opere, ruoli (Milan, 1984), 183-92. F o r N a p l e s : Cortese, 'Sulla scienza giuridica' (note 40), 43 n. 24. D . S. C h a m b e r s , ' S t u d i u m Urbis a n d Gabella Studii: t h e University of R o m e in t h e Fifteenth C e n t u r y ' , in C . H . C l o u g h (ed.), Cultural Aspects of the Italian Renaissance. Essays in Honor of Paul Oskar Kristeller ( N e w Y o r k , 1976), 6 8 - 1 1 0 ; K. Park, ' T h e R e a d e r s at t h e Florentine Studio According to the C o m m u n a l Fiscal R e c o r d s ( 1 3 5 7 - 1 3 8 0 , 1 4 1 3 - 1 4 4 6 ) ' , Rinascimento, 20 (1980), 249-310. For the P a d u a studium a n d Venice: F. D u p u i g r e n e t Desroussilles, 'L'Universita di P a d o v a dal 1405 al Concilio di T r e n t o ' , in Storia della cultura veneta, vol. Ill: 2 (Vicenza, 1980), 6i6ff. F o r T u r i n : E. Bellone, // primo secolo di vita della Universita di Torino (sec. XV-XVI). Ricerche ed ipotesi sulla cultura nel Piemonte quattrocentesco (Turin, 1986). Piana, 'Universita di P a r m a ' (note 67), 104. F o r Siena: L. Z d e k a u e r , Lo Studio di Siena nel Rinascimento (Milan, 1894). P. Denley, 'Recent Studies o n Italian Universities of t h e M i d d l e Ages a n d R e n a i s s a n c e ' , History of Universities, I (1981), 2 0 0 - 1 . P. Nardi, 'Umanesimo e cultura giuridica nella Siena del Quattrocento', Bullettino senese di storia patria, 88 (1981), 244-53.

Relations with authority SELECT BIBLIOGRAPHY

Baldwin, J. W. and Goldthwaite, R. A. (eds.) Universities in Politics. Case Studies from the Late Middle Ages and Early Modern Period, Baltimore/London, 1972. Benson, R. L. and Constable, G. (eds) Renaissance and Renewal in the Twelfth Century, Cambridge, Mass., 1982; reprint, Oxford, 1985. Classen, P. Studium und Gesellschaft im Mittelalter, ed. J. Fried, Schriften der M.G.H., 29, Stuttgart, 1983. Kuttner, S. 'Papst Honorius HI und das Studium des Zivilrechts', Gratian and the Schools of Law 1140-1234, London, 1983, 79—101. Lawrence, C. H. 'The University in State and Church', in J. I. Catto (ed.), The History of the University of Oxford, vol. I, Oxford, 1984, 97-150. Meyhofer, M. 'Die kaiserlichen Stiftungsprivilegien fiir Universitaten', Archiv fur Urkundenforschung, 4 (1912), 294-314, 395-413. Post, G. 'Parisian Masters as a Corporation, 1200-1246', Speculum, 9 (1934), 421-45 (reprinted in G. Post, Studies in Medieval Legal Thought. Public Law and the State, 1100—1322, Princeton, 1964, 27—60). Rossi, G.' "Universitas scholarium" e Comune (sec. XII-XIV)', Studi e memorie per la storia delV Universitd di Bologna, new series, I (1956), 197-227. Swanson, R. N. Universities, Academics and the Great Schism, Cambridge, 1979. Universitd e societd nei secoli XH-XVL Atti del nono convegno internazionale di studio tenuto a Pistoia nei giorni 20-25 settembre 1979, Pistoia, 1982.

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CHAPTER 4

MANAGEMENT AND RESOURCES

ALEKSANDER GIEYSZTOR

GENERAL UNIVERSITY STRUCTURE

The history of the European university is the history of many universities, of which some eighty existed in the Middle Ages. They varied greatly in antiquity, permanence, and the quality of their teaching and research. Nevertheless, it is possible to detect some regularities, notably in the shaping influence of two archetypes, those of Bologna and Paris (see chapter 2), and in the use of the two main Latin terms which designated the medieval university: studium generale (or more simply studium) and universitas scholarium (or universitas magistrorum et scholarium). These reflect two features of its organization. A studium generale arose spontaneously or was founded by papal or imperial charter, and had the right to grant its alumni permission to teach at any university {licentia ubique docendi). The term universitas was of much wider scope. In law, it meant any type of corporation or community.1 Like every corporate body in the Middle Ages the universities were, to some extent, distinguished by their privileges or, as they were then called, theii 'liberties and immunities'. The first and most important of these privileges was autonomy, that is, the university's recognized right to act as a corporate bDdy in dealing with the outside world, to supervise the recruitment of its members, whether teachers or students, and to make its own regulations and enforce them by exercising some degree of internal jurisdiction. Other privileges, though, were enjoyed by individuals as members of the corporate body. Teachers and students alike enjoyed a personal status. This appeared in the twelfth century and took firm shape in the thirteenth. It owed much to canon law, supplemented by the Authentica Habita (n55), the scholar's statute. This was both the cause and outcome of a growing ecclesiastical authority over universities, including the Mediterranean universities of 1

O. Weijers, Terminologie des universites au XIHe siecle (Rome, 1987), 14-26, 34-51. 108

Management and resources law or medicine (see chapter 2). The students (often themselves called 'clerks' and distinguished by their tonsure), like clerics already in minor orders or monks or priests, were subject to certain restrictions, being forbidden to bear arms or wear 'secular' clothes, and usually to marry. But they also claimed to be answerable only to ecclesiastical courts and to enjoy the exemptions from taxation and military service allowed to the clergy. In comparison with ordinary clerics, indeed, members of universities enjoyed exceptional advantages. Their person and property were theoretically exempt from seizure or arbitrary summons {ius non trahi). To a great extent they were not subject to the jurisdiction of the local ecclesiastical authorities and could appeal directly to the pope or his representative. They were entitled to enjoy the income of ecclesiastical benefices without being resident in them. By the end of the Middle Ages, university privileges, although not directly challenged, were less absolute. Civic authorities had begun to take the place of the church in guaranteeing university franchises, but also in restricting them. The personal privileges of students and masters, although not abolished, were subject to growing supervision. Their affairs were increasingly dealt with by lay officers and courts, which made it their business to hunt down persons posing as students.2 Such influences, together with factors such as the number of students, the founder's intention, or local pragmatic arrangements, contributed to the shaping of the organization and structure of the studium generale. University communities had subdivisions such as faculties, nations, and colleges, with similar corporative rights and organizations. The nature of these internal corporations determined the character of the whole university and requires some consideration at this point. 3 FACULTIES

Besides its old meaning of a discipline or field study, from the mid-thirteenth century onwards facultas meant a body teaching a discipline, i.e. arts, law, medicine, or theology. Teachers and students were members of these faculties, and consequently also of the studium generale. Faculties were the most important divisions in the University of Paris, and in other institutions following the Parisian pattern. The Bologna tradition was different. The studium generale of Bologna was, like its daughters, a cluster of universities, each for students of only one 2

3

Kibre, Privileges; P. Classen, 'Libertas scolastica -Scholarenprivilegien - Akademische Freiheit im Mittelalter', in P. Classen, Studium und Gesellschaft im Mittelalter, ed. J. Fried, Schriften der MGH, 29 (Stuttgart, 1983), 238-84. Most of the data can be found in Rashdall, Universities; Cobban, Medieval Universities; Kibre, Nations; Kibre, Privileges; Weijers, Terminologie (note 1); Denifle, Entstehung; Kaufmann, Deutsche Universitdten. With a few exceptions, no further reference will be made to these publications. 109

Aleksander Gieysztor discipline, and it was divided into two universities or 'nations' {nationes), each for students of a particular geographical origin. The teachers and the students born in Bologna did not belong to these universitates, because it was supposed that, as will be seen, students of Bolognese origin did not need a nation to protect them. Professors had their own corporation, the collegium doctorum, which was completely distinct from the students' corporation (see chapter 5). Not all the Italian universities moulded on the Bologna archetype embodied this structure in its entirety. In the most elaborate form of the student university, which was limited to Bologna and Padua, the studium generale consisted of two universities, the universitas legistarum, which can be called the law faculty, and the universitas artistarum et medicorum (faculty of arts and medicine), universitas meaning the community of students. The faculty of theology was in the hands of the mendicant orders and existed on the fringe of the studium generale. Each faculty was divided into two 'universities', the universitas citramontanorum of students from the Italian peninsula, and the universitas ultramontanorum of students from beyond the Alps. Each of these was further divided into nations for smaller geographic areas. The number and names of these nations constantly changed in the course of time, following and reflecting changes in the geographical recruitment of students. Both the law university and the arts university had a rector, who was a student member elected by the consiliarii or presidents of each nation. Although Padua most closely followed the Bologna pattern, it was only after two centuries of adaptation and reorganization. Padua was founded in 1222, but the universitas legistarum did not consist of two law faculties (as was the case in Bologna) until it was reorganized in 1260. A theological faculty arose there in 1363 on the fringe of the studium, and (as at Bologna) it was in the hands of the mendicants. The university of arts and medicine was originally subordinate to the jurists; it emancipated itself in 1399, although appeals were still addressed to the rector of the law faculty. Other Italian studia attracted too few students from a wide area to justify so complex an organization as that of Bologna and Padua in its full form. Siena had a law university with ultramontane and cismontane universities, each with several nations, but its arts faculty did not have nations. In Ferrara the law university and the arts university were both divided into nations, but not into ultramontane and cismontane universities. Pisa and Perugia only had one universitas covering all disciplines, with one rector and only a few nations. The last group of universities had too few students, and certainly too few foreigners, to need nations. They are nearer to the northern pattern (e.g. Fermo, Parma). The Universities of Naples, founded by Frederick II in 1224,4 4

La Fondazione Fridericiana delVUniversitd di Napoli (Naples, 1988). IIO

Management and resources and of the Roman court {studium curiae or sacri palatii), created in 1244-5 by Pope Innocent IV, were authoritarian establishments not fitting into the general pattern. Both universities started with a law and a theological faculty only, and were intended solely to educate the ruler's ecclesiastical and civil servants. After 1323 the studium curiae introduced oriental languages, and in the fifteenth century philosophy and medicine. About 1500, during the pontificate of Leo X, it merged with the studium urbis, the Roman urban university known as the Sapienza, whose structure was also simple. In other countries, too, the influence of Bologna can be traced. The Spanish universities founded during the thirteenth century by the kings of Castile, and (more particularly) by those of Aragon, were modelled on Bologna although they also followed patterns of their own. They were student universities, but less independent than Bologna because more strictly controlled by the crown. Some other universities (those of Montpellier, Orleans, Angers, and Prague, for example) can also be related to the Bologna archetype, without having conformed closely to it. That at Montpellier arose spontaneously from local schools, in particular from the city's medical schools, well known since the first half the twelfth century. The papal legate granted it the status of a medical university in 1220, as a universitas medicorum tarn doctorum quam discipulorum. An arts university came into existence in 1242, with statutes imposed by the bishop, and in about 1280 a law university, which after 1339 took the form of a students' university with a separate doctoral college. The University of Orleans arose from the twelfth-century arts schools and developed after a secession from Paris in 1229; but it taught only one discipline, law. Its organization combined elements from both archetypes, Bologna and Paris. Angers, another law university arising from the same secession, added faculties of theology, medicine, and arts to its law university in the fifteenth century. The Prague studium is an interesting example of the flexibility of medieval institutions. This first university of the Holy Roman Empire was founded in 1346 by the Emperor Charles IV. It then consisted of four faculties, as at Paris. It was headed by a rector, who was not, however, connected with the arts faculty as in Paris. For political reasons (see chapter 3), the law faculty broke away in 1372 and founded an independent law university on Italian lines. Besides this type of organization, in which university and faculty are more or less synonymous, there was another, that of the four faculties, the model which originated in Paris. It consisted of one lower faculty, arts, and three higher faculties, theology, law, and medicine. (After Pope Honorius III forbade the teaching of civil law in Paris in 1219, the law faculty taught only canon law - the University of Orleans can be considered as the civil law faculty of the Paris studium.) The masters, having quickly become aware of their own value, called these four faculties 'four rivers of paradise'. Saint in

Aleksander Gieysztor Bonaventure compared the arts to the foundations of a building, law and medicine to its walls, and theology to its roof and summit. The Paris model was adopted by the studia of north-western and central Europe. The German universities, founded in the fourteenth and fifteenth centuries, were moulded on the Paris archetype and adopted its statutes. Sometimes, as at Louvain (founded in 1425), statutes were copied from Cologne, a daughter of Paris founded in 1388.5 An ideal multidisciplinary university had four faculties, but in the thirteenth century some universities had only two or three. The Scottish universities offer an interesting example of difference between norm and reality. The studium generale consisted of the four traditional faculties, but until the end of the early modern period two of these (law and medicine), or perhaps three, were merely 'paper faculties'. Only arts students could follow a whole curriculum at a Scottish university. One source of diversity of organization arose from the fact that, until the end of the thirteenth century, the popes protected the Parisian monopoly of theology and objected to the foundation of faculties of theology elsewhere. Another source of differentiation was that, although almost every university had a medical faculty, some of these could hardly survive, especially in the Holy Roman Empire or Denmark, and did not always have as many as 1 per cent of the total student population. The arts faculty inevitably had the most masters and students especially north of the Alps. Although it was regarded as preparing students for the three higher faculties, most of its alumni never entered a higher faculty. At the waning of the Middle Ages law faculties gained importance, and were increasingly attended by students attracted by the brilliant careers open to talented young graduates in law (see chapters 10 to 13). Much of the administration of the university was done by the faculties, particularly in universities which had no nations, or in which nations were not important. They provided appropriate channels for active participation in the organization and management of the studium generale. As a corporation the faculty had its own head, usually called decanus (dean), a bursar (receptor), beadles, a common seal, and statutes. The dean first appears in the thirteenth century in Paris and Montpellier, and in the fourteenth century elsewhere. At first, he was the senior master still engaged in teaching. The dean was the chairman of the congregation constituted by the masters of the faculty; he was responsible for administration and teaching, disputations, and examinations. In Oxford, where the schools first appeared in 1208-9, t n e faculty of arts held a dominant position as in Paris, and the higher faculties did not have deans. In the Italian faculty-universities the rector had the same functions as the deans in the studia north of the Alps. The qualifications required to become a dean, the methods of election, and his term of office 5

J. Goossens, 'De oudste algemene statuten van de universiteiten van Keulen en Leuven. Een vergelijkende tekstanalyse', Archives et Bibliotheques de Belgique, 48 (1977), 42-78. 112

Management and resources varied from university to university. It is not always clear how a university or its subdivisions were organized. STATUTES

One would think that statutes are far and away the best source of our knowledge of the structure and management of the medieval university. This, however, is not necessarily the case. Very few university statutes, in the strict sense of the term, have come down to us from the thirteenth century. The privileges granted by the papacy (as in 1215 and 1231 for Paris, 1214 for Oxford, 1219 for Bologna and 1220 for Montpellier) merely stated - and gave papal support in - certain matters of dispute between the university and the outside authorities, or within the university. Otherwise popes left universities to make their own regulations for programmes, curricula, examinations, salaries for master and beadles, mutual aid, university offices, student discipline, dress, and lodging. These regulations were probably still fairly fluid and in some cases only a matter of unwritten custom. Even when written down, this was apparently done too informally for anything more than fragments (often incorporated into later codes) to have survived. The first university statutes {strictu sensu) still preserved are undoubtedly those of Cambridge, dating from between 1236 and 1254.6 A text recently discovered in Bologna (a very incomplete one, for it relates to little else than the puncta taxata of teachers of law) has been ascribed to the year 1252.7 Elsewhere, we do not find any really orderly sets of statutes before the fourteenth and fifteenth centuries. It is not easy to see how those were applied and it would be rash to assume, as a few commentators have done, that such rules were current in previous centuries. In the older universities statutes sometimes introduced reforms to correct abuses, and this led to new regulations unknown in the thirteenth century. This is doubtless true of the Paris statutes of the 1360s and of the general reform of 1452. In Toulouse between 1309 and 1329, several important statutes stabilized the administration of a university already active for decades past. The law university at Montpellier received its statutes in 1339. In Bologna the first complete texts are not earlier than 1317 and 1432; in Salamanca they date from 1411. At Oxford the oldest collection of statutes was compiled in 1313, and incorporates older provisions.8 6

7

8

R. K. Hannay, 'Early University Institutions at St Andrews and Glasgow, a Comparative Study' Scottish Historical Review, 11 (1914), 266-83; M. B. Hackett, The Original Statutes of Cambridge University. The Text and its History (Cambridge, 1970). D. Maffei, 'Un trattato di Bonaccorso degli Elisei e i piu antichi statuti dello studio di Bologna nel manoscritto 22 della Robins Collection', Bulletin of Medieval Canon Law, new series, 5 (1975), 73~ I Q I - Concerning the puncta taxata, see chapter 12, p. 398. Rashdall, Universities, vol. I, 173-5, 443~7; v°l« H> 83-5, 131-3, 168-70; History of Oxford, 53~4-

Aleksander Gieysztor Many of the new universities founded at the end of the Middle Ages were given more or less complete statutes from the beginning (the oldest example appears to be that of Lerida in 1300).9 These texts were, however, directly inspired by those of other universities, or even copied from them. We cannot therefore be sure that they were really suitable to local conditions or, therefore, that they were strictly applied. In short, although there is always something to be learned from the statutes that have come down to us, it is wise to compare them with other sources, such as day-to-day administrative documents, masters' manuscripts, and reconstituted graduate courses. This often reveals great discrepancies. NATIONS

The organization of the early medieval university was also shaped by another corporation, the nation already mentioned above. It first arose spontaneously, through the efforts of students or students and masters; later it was introduced into the organization of newly founded universities. In many universities the nations was an essential feature; often it was the heads of nations who elected the rectors and were members of the board of the studium. In the student universities of Bologna and Padua the universities of law, arts, and medicine had each been divided into two universitates {citramontana and ultramontana), themselves divided into nations for smaller geographic areas (see p. n o and chapter 9). The recruitment of other Italian universities was too regional to need this complex organization. It reflected their attraction for certain European countries or regions. For instance, in Perugia there were only three nations - German, French, and Catalan - for ultramontani. Nations in the Paris type of university were organized rather differently. To begin with, in Paris only the largest faculty, that of arts, had nations. These had constituted themselves soon after the university was founded, on the basis of a loose geographical classification; there were four, namely France, Picardy, Normandy, and England (the English nation included students from central and northern Europe). They comprised masters of arts from the arts faculty, and included professors of higher faculties with a degree in arts. The congregation of the nation was headed by a proctor (procurator) chosen for a period of one month by the masters and often re-elected several times. The nation had its own seal and registers, libri nationis, revenue, and expenditure, and became an important part of university life.10 Elsewhere in universities north of the Alps nations followed a variety of patterns. The law university of Orleans, one of the most international medi9 10

Rashdall, Universities, vol. II, 93-4. See also G. C. Boyce, The English—German Nation in the University of Paris during the Middle Ages (Bruges, 1927).

Management and resources eval institutions, had ten nations until 1532, being organized like the universitas legistarum of an Italian studium. At Oxford the border between the two nations, the northerners {boreales, who included the Scots) and southerners {australes, who included Irish and Welsh), was considered to be the river Trent, and masters of arts were headed by their respective proctors. As early as 1274, however, the nations were abolished because they were continually in conflict with each other. Later, the nation system was revived in the British Isles in the arts faculties of the three Scottish universities (St Andrews 1411, Glasgow 1450-1, and Aberdeen 1494), although the recruitment of these universities was purely Scottish. In this they followed the Iberian system. Spanish and Portuguese studia generalia were attended mainly by students from the Iberian peninsula. At Salamanca the four nations corresponded to the ecclesiastical provinces of Spain. In the Lerida studium only the law students were divided into nations; but there six of the twelve nations were foreigners (from Narbonne, Gascony and Provence, France and Burgundy, Italy, Germany, and the British Isles). In other Spanish universities nations were of minor importance. In central Europe, the Paris model was at first followed in the nations system as in other respects. In Prague four nations (Czechs, Poles, Bavarians, and Saxons) included all the students. Their consiliarii, students or bachelors, were members of the university council together with the masters. In Vienna there were four nations covering all faculties; their student members took part in electing the proctors. The University of Leipzig also had four nations, but only professors were entitled to take part in the congregations. In Cracow, Erfurt and Cologne the division into nations was not authorized. Four nations were formed in Louvain, but never became important there. At first nations were independent corporations. Their strength and influence in university matters varied from university to university, but they all had almost the same structure and organization. Proctors (procuratores) or consiliarii (in some Italian nations) headed the nations, and had administrative and financial powers, and to some extent jurisdiction; they took part in the university bodies as counsellors of the rector. The nations had sometimes their own bursars (receptores), and always their beadles (bedelli) as in Bologna. In Paris the nations elected every year one principal beadle {bedellus maior, the proctor's man) and a subbedellus or bedellus minor to assist him. The beadle's insignia were the verges. In Paris the proctors of the nations appointed, swore in, and paid the messengers (nuntii volantes minores, or ordinarii), who bore messages and money between members of the nations and their families. In the later Middle Ages the proctors also appointed principal messengers, nuntii maiores, functioning as financiers, bankers, and money-changers in the service of the university. The books kept by proctors, bursars, librarians, and other officials of the nation are some of the most important sources of our knowledge of univer-

Aleksander Gieysztor sity life in the Middle Ages. They give information on the geographical and social origin and everyday life of members of the nation, and on its finances. College sources give similar information. COLLEGES

As time passed, another university corporation, the college (collegium - not to be confused with the collegium doctorum, as is explained in chapter 5), came to surpass the nations in importance. In some universities of the later Middle Ages, collegiate establishments determined the structure and management of the university or faculty. The Collegium Artistarum (1390) of Heidelberg housed almost all the salaried masters of the faculty of arts, and the Louvain arts faculty was divided into four 'pedagogies' (colleges). The College of Glasgow for undergraduate students was always identified with the 'university' in the popular mind, since most of its students were arts undergraduates. The college, or domus scholarium as it was first called, began as a boarding-house for poor students, then became an autonomous or semiautonomous academic community of men living and studying together in an endowed building. These men, teachers and pupils, might come from a particular region or study the same discipline. In the twelfth and thirteenth centuries founders and benefactors of colleges especially promoted arts and theology, and in the fourteenth and fifteenth centuries canon and civil law. Colleges for physicians were always a rarity. (For more information on the college see chapter 7.) At the University of Paris there were colleges almost from the beginning. They began as hospitia, boarding-houses for groups of students or fellows called socii. A few, including the first college, the College des Dix-huit, founded for eighteen needy students in 1180, and the College of St Thomas du Louvre founded in 1186, received endowments; there were even monastic colleges for students of theology. About 1257 Robert of Sorbon founded the college known as La Sorbonne, so that there should be a sufficient number of non-monastic students of theology. It housed first sixteen, then thirty fellowship holders (bursarii) and six young masters of arts working for a doctorate in theology. Louis IX endowed the college with a plot of land lying near the ancient Roman thermae. It was managed by a board of church and university dignitaries, and administered by a principal [provisor), who was appointed, a prior or lator rotuli elected every year by the fellows to record their duties, and four proctors. Other colleges such as the College de Navarre (1304), whose seventy students were divided into three classes - grammar, arts, and theology - remained basically student colleges. During the fourteenth and fifteenth centuries the founders' motives changed; willingness to aid poor young men was supplanted by the need to provide comfortable living con116

Management and resources ditions for an elite of monastic or noble students.11 Bursales who studied with a grant had a stricter and less luxurious life in college than the commensales or commoners who paid for their own lodging (see chapter 7). As early as the fourteenth century lecturers were attracted by the houses, facilities, and libraries owned by the colleges. In the following century lectures began to be held in the colleges for external students as well as for the fellows {bursarii), the university retaining the right to control the colleges. By the end of the fifteenth century Paris had about seventy colleges, including monastic ones. Some were foundations for foreigners (Danes, Scots, Lombards, and Germans). In Paris, the internal administration of the college was usually carried out by internal officers. External authorities appointed the head of the college, saw to it that vacant fellowships or bursae were filled, and so controlled college life. The managers of college properties often came from outside. In Oxford and Cambridge, on the contrary, colleges had little adminstrative connection with the governing bodies of the university; they organized their own endowment and benefited from the university's teaching and academic degrees; they elected their heads and co-opted the fellows, who governed them under their own charters and statutes. Thus colleges in England did not follow the course taken by Paris. In the twelfth and early thirteenth centuries undergraduate students of moderate means could get lodging and limited teaching facilities in halls and hostels. In the course of the thirteenth century the first colleges were founded to help less well-off bachelors of arts or masters of arts to continue their studies in the higher faculties. The first English 'graduate' college was Merton College, founded in 1264; Balliol College was established in 1261-6 but received its formal charter only in 1282; University College arose c. 1280. The first college at Cambridge, Peterhouse, was established in 1284, modelling itself on Merton. King's Hall College, Cambridge (founded in the early fourteenth century), and New College, Oxford (founded in 1379), were the first colleges to admit undergraduate students. Other colleges followed their lead. In 1550 or thereabouts many more college fellows than students lodged in halls or hostels. Oxford still had about eighty-nine halls in 1444, but in 1552 only eight, housing about 200 students in all. The thirteen colleges at that time had 450 students.12 Increasingly, tuition at Oxford was given in the colleges rather than in the university, and consequently undergraduates were encouraged to apply for a college fellowship. As everywhere else, the regular orders had their own colleges with full accommodation and teaching facilities. On the continent, Louvain University (founded in 1425) had a flourishing collegiate life. To compare it with 11

12

A. L. Gabriel, 'Motivation of the Founders of Medieval Colleges', in A. L. Gabriel, Garlandia. Studies in the History of the Medieval University (Notre Dame, 1969), 211-23. A. B. Cobban, Medieval English Universities: Oxford and Cambridge to c. 1500 (Cambridge, 1988), 158.

Aleksander Gieysztor Oxford, before 1500 most arts students were housed in the four paedagogia called after the houses where they were founded: Lily, Pore, Falcon, and Castle. These provided full accommodation and tuition, mainly for freshmen. There were also five residential colleges (without teaching) for students of theology and law. In 1526, 31.8 per cent of the 1,821 registered students lived in collegiate establishments (17.9 per cent in the four paedagogia, 11.6 per cent in colleges, and 2.3 per cent in religious houses), 52.2 per cent rented a room in a private house, and the rest lived at home. 13 In central Europe, colleges were primarily or exclusively for masters. In Prague twelve magistri endowed with a prebend from the college chapel made up the Collegium Carolinum founded in 1361, and they co-opted their fellow members. The Collegium was important in that university meetings, and lectures, were held in the college building. Simultaneously, in Vienna there was the Collegium Ducale for endowed masters. In Cracow there were three colleges with living accommodation for professors: the Collegium Maius or Regium (1400) which had a flourishing library, and was headed by a provost; the Collegium Minus (1449); and the Collegium Juridicum (1403), which had a small adjacent student hostel, the Bursa Jerusalem. Cracow also had other hospices for poor students, such as the Bursa Pauperum (1417). In Erfurt, the earliest college, Collegium Maius, for masters of arts, probably dates from the official foundation of the university in 1379, and the Collegium Amplonianum or Porta Coeli for jurists was founded in 1412. In other German universities there were professors' colleges, and houses for poor scholars. In southern Europe colleges were never as important as in north-western Europe - certainly not in the Middle Ages; until the Reformation and Counter-Reformation they did not acquire any such constitutional or educational significance. Italian students always had close ties with the towns. They lodged with the townspeople, and shared their living conditions and political preoccupations. The oldest colleges in Bologna were originally intended by their founders to supply lodging, board, and financial assistance only to a few needy students and provided no teaching. They were the College of Avignon, founded for eight poor students in 1267 by the bishop of Avignon, and the Collegium Brescianum founded in 1326; in 1436-7 both merged with the Collegium Gregorianum, a later foundation. The largest was the Spanish College (1367) with thirty students - eight of theology, eighteen of canon law, and four of medicine. They lived in the college for seven years, and theologians and medical students could stay longer after receiving their doctoral degree. The students came from Spanish dioceses chosen by the founder of the college, Cardinal Gil Albornoz. Candidates had to pass an 13

E. De Maesschalck, 'De "goede" en de "eeuwige" student. Tucht en huisvesting te Leuven in de 15c en i6e eeuw', Alumni Leaven, 9 (1978), 11-15.

Management and resources entrance examination. Poverty and competent grounding 'at least in grammar', and for theologians and medical students logic, were required. They were given a room and board, two suits of clothing a year, and a yearly stipend. The college was run on fairly democratic principles, but internal discipline was strict. Every year the scholars elected the rector and consiliarii. Important financial questions were settled by the general assembly. The patronage of the college was vested in the bishops and chapters of the abovementioned dioceses, plus two members of the Albornoz family.14 In Padua after 1363, the Collegium Tornacense and seven other colleges housed small numbers of students. The Collegio di Spagna in Bologna was taken as a model for the Spanish colleges which emerged in Salamanca in the late fourteenth century. The most famous of the Spanish medieval colleges was the Colegio Viejo or Colegio Mayor de San Bartolome, founded at Salamanca in 1401 for ten canonists and five theologians. Colleges in provincial France were primarily boarding-houses for needy students. Toulouse took the lead with the very early secular College of Vidal Gautier (1243) and the College of Montlezun (1391). The reason why so few colleges arose in Italy and in France south of the Loire is clear. Most of the wealthier and more mature students attended the law and medical faculties. They did not need cheap hostels, but preferred more comfortable rooms in private houses and freedom from the restraints of a college or cloister (for college life, see chapter 7). Moreover, the wellorganized student nations offered students all kinds of assistance and financial and juridical help (as is shown by the minutes of the proctors of the German nations in Bologna, Padua, and Orleans). Theology was dominated by the mendicant orders, which had their own institutions. There were not many young grammar and arts students in those southern universities, and there was therefore no need for special accommodation for the few theologians or arts students of moderate means. INTERNAL GOVERNMENT

Originally the bishop's representative was head of the universitas, with authority over students and masters. In the course of the thirteenth century different corporations were formed in the studia generalia. Most of the judicial powers of the bishop's representative passed to an elected head of the new institutions, the rector.15 Except in England and Spain, as will be explained later, the role of the bishop's representative became, generally speaking, more formal. Depending on the constitution of the studium the rector was chosen from among the students, as in Bologna, or the masters, as in Paris. In 14 15

B. M. Marti, The Spanish College at Bologna in the Fourteenth Century (Philadelphia, 1966). For a general review, see O. Eissfeldt, 'Rektor. Geschichte und Bedeutung des Universitatsamtes', Studium Generale, 5 (1952), 384-92. 119

Aleksander Gieysztor universities with a mixed type of constitution, the rector was a master but chosen by masters and students. For instance, in Orleans the rector was a master chosen by the nations; in Angers, after the reform of 1398, the rector was elected from among the licentiates by electors nominated by the nations. A would-be rector had to fulfil certain requirements for election. He had to be mature (usually aged twenty-five years or over), a clericus (to exercise judicial authority over clerical students), wealthy (the office entailed much expenditure), a graduate, and of irreproachable conduct. His term of office varied from one university to another. The rector was the administrative head of the university, the executor of resolutions adopted in the assemblies, and the supervisor of the observance of privileges and statutes; he administered the university's finances, presided at its meetings, sealed its documents, and represented it in official affairs. One of his important tasks in the Middle Ages was to keep discipline and to preside over the university court sitting to judge and punish offending suppositi (matriculated members of the university). Indeed, the judicial autonomy of the studium generale was guaranteed by several privileges starting with the Authentica Habita (1155) of Frederick I Barbarossa. Theoretically, all suppositi were exempt from civil jurisdiction and even, to a certain extent, from local ecclesiastical jurisdiction. Suppositi were regarded as comprising students and teachers, and their wives, families, and servants; the external officials appointed by the university; and persons engaged in the production and sale of books (booksellers, copiers, illuminators, preparers of parchment, suppliers of paper, etc). At first, each of the law universities (civil and canon) in Bologna was headed by a rector chosen by the students from among themselves. Although both the town and the professors initially disapproved of the institution of a student rector, they were forced to comply with it in the course of the first half of the thirteenth century. The professors had to take an oath of obedience to the rector. This led to a particular form of student leadership within the university, except, to some extent, concerning the organization of studies. By the end of the thirteenth century the two law universities held common congregations; the two rectors deputized for each other when one was absent; they may even have had the same seal. Meanwhile the arts and medical university also elected a rector, but it was not until the early fourteenth century that he enjoyed the same legal recognition and privileges as his colleague of the law university. At Padua the rector of the medical university was subordinate to his counterpart of the law university until the fourteenth century. In Italian universities the rector generally had no authority over teaching and examinations; these matters belonged to the collegia doctorum, either of medicine or of law. In Bologna the rector was elected for a two-year period. He took precedence over archbishops and even over cardinals and legates, but not over the bishop of Bologna. His title was dignissimus; the title magnificus did not appear until the end of the fifteenth century. 120

Management and resources The rector's stipend came from half the total income of legal fines; sometimes he received an additional subvention from the common treasury. By the end of the Middle Ages he was appointed to a special student professorship, financed by the town. He had to cover the cost of his official expenses and was obliged to keep two servants. The tightening grip of the towns or rulers on their universities, and the financial burden of the office, limited students' willingness to accept this dignity. Although at Bologna the rector was a student, his jurisdiction in civil matters inside the university was recognized in the oath taken by all university members. He had to ensure that statutory decisions were enforced and fines for misdemeanours collected. He could fine keepers of lodgings who rented rooms to students, and craftsmen working on the production of books. Whether his sentences against members or servants of the university were executed depended on the agreement of the public authority (the comune of Bologna). Both universities demanded that the rector's jurisdiction should apply whether the student was the plaintiff or the defendant, but the city authorities repeatedly rejected this demand. The rector had no jurisdiction in criminal affairs until the fifteenth century, when it was conceded where both parties were scholars. However, canon law forbade any jurisdiction by a layman over a clerk; any student could therefore acquire the immunities of an ecclesiastic, and as the rector of a university of students was usually a beneficed ecclesiastic he was not subject to municipal law. Universities modelled on Bologna had similar forms of rectorship, though its power tended to be more restricted by the influence of the external authorities. In Coimbra, the two rectors were chosen from among, and by, the students, but as in the Spanish universities the rector's influence was limited. Like Bologna, Salamanca was headed by a student rector elected by the students through their nations. As in Italy, teaching was the preserve of the faculties' collegia doctorum, not the rector. But unlike Bologna, Salamanca limited the rector's jurisdiction to violation of the statutes; it was the chancellor who possessed the real powers of jurisdiction and administration. In studia under strong urban influence, like those of Aragon, Lerida, Valencia, and Barcelona, the chancellor and civil government shared the rector's powers. The origins of the rector's office in Paris are quite different. The four nations each had rectores or procurators; in 1249 they decided to elect one rector - a master - as head of the faculty of arts and virtually of the whole university. In the beginning his authority was limited to his own faculty, but because of the great numbers of arts students, and because the rector collected money from all the faculties, and administered it on behalf of the entire university, often in defence of the rights of the corporation, he gradually gained authority over the whole institution, probably during the last quarter of the thirteenth century. The masters of theology opposed his influence and 121

Aleksander Gieysztor by the end of the century the chancellor of Notre-Dame retained only the power to appoint examiners in arts and the prerogative of conferring the licence. At Paris, the rector had very limited judicial power; the statutes gave him jurisdiction only over members and servants of the university. The punishments he was allowed to impose were fines, suspension, and expulsion; the actions he tried were disputes about the rent of hostels, complaints against craftsmen and merchants supervised by the university, and personal matters between masters and scholars. The rector was assisted by the proctors in the permanent court of the arts faculty, but there was a right of appeal to the whole university, which was decided by special deputies. Where university members and parties from outside the university were involved, the autonomy of the university was limited by ecclesiastical and lay courts. Such disputes were settled - according to the sphere of competence - by the diocesan court (bishop's court) or by the Chatelet (the court of the provost of Paris, acting as conservator of royal prerogatives), or by the court of the apostolic conservator in Paris. The Scottish universities closely followed the Paris model. The proctors of the nations, existing only in the arts faculty, held a conclave to elect the rector. According to the founding papal bull (1453), the bishop-chancellor was the chief authority of the University of Glasgow; he delegated his power to the rector chosen by the proctors of the nations. Many French universities with large nations, such as Montpellier, Orleans, or Angers, had, however, a different pattern. Even where the constitution of the University of Toulouse followed that of Paris, the students' rights were recognized to a greater extent. The rector had to be a doctor, but was elected by the professors of all faculties and the students in law. At Montpellier the rector of the law faculty was chosen from among the students; the faculty, or rather the university, of medicine was on the contrary presided over by the chancellor, nominated by the bishop and three masters. His post resembles the chancellorship of the English universities, where in Oxford and Cambridge, the chancellor, was the representative of the bishop in the university as elsewhere (see pp. 129-33, o n external government), but his power was never handed over to a rector. He exercised the full rights and activities of a rector elsewhere. The reasons are clear: as early as the beginning of the thirteenth century the studia of Oxford and Cambridge had obtained from their respective bishops, those of Lincoln and Ely, the right to elect their chancellors. The selected candidate was chosen from among the doctors in theology or canon law and had to be a member of the faculty of theology. So the chancellor became an internal rather than an external officer, always taking the chair at congregations and acting as rector. In the course of the fifteenth century the chancellor, who as a prominent personality was usually absent on duties elsewhere, delegated his powers to a vice-chancellor who by the close of the Middle Ages had become 122

Management and resources the de facto head of an English university. He had wide civil and criminal jurisdiction and power to excommunicate and imprison. Originally his was a spiritual jurisdiction over scholars, but it was gradually extended to cover other groups, townsfolk included. By royal charter, the chancellor had criminal and civil jurisdiction in actions in which one party was a clerk. After quarrels and disputes with the burgesses, the university, victorious since the mid-fourteenth century, practically governed the town of Oxford; the chancellor's court, and the newly established university steward, with his jury half of privileged university persons and half of townsmen, controlled legal procedure in the extensive university precinct. The inquisitorial police of the universities' delegate judges supervised the morals of the inhabitants. 16 The central European universities are generally believed to have been founded on the Paris model, but examination of their statutes shows that this is not altogether true. Firstly, unlike Paris, the arts faculties in this area never had a monopoly of the rectorship; the rector could be chosen from any faculty. The faculty of arts was headed by a dean, as were the three other faculties. Secondly, the two oldest universities - Prague and Vienna - had a mixed type of organization. After the secession of 1372 the jurists of Prague had a separate student university with a student rector, whereas the other faculties were dominated by the masters. The jurist rector had jurisdiction, in civil suits and actions for damages, over university members, who had the right of appeal to the chancellor-archbishop. In 1397 the court of the rector with the consiliarii of the nations obtained full jurisdiction, civil, criminal, and spiritual, over lawsuits in which one party was a scholar. But, in Vienna too, in the early period, masters and students through their nations participated in electing the rector. The first University of Cracow (1364) was also headed by a student rector, but the royal chancellor controlled the examinations (although according to the papal bull this task was to be the bishop's). In the second university (1400) the bishop was chancellor and confirmed the statutes. His representative, the vice-chancellor, managed the university finances with the help of the dean of St Florian's chapter and the rector. The rector was elected by masters and bachelors for one year, by indirect representational suffrage. He had to be at least a master of arts or a graduate in law or theology, and usually had a church prebend. The rector convoked the general congregation of masters, sometimes with graduates.17 The rector tried civil suits and minor offences, but from 1410 onwards the university conservators, the deans of three cathedral chapters, defended the university's claim to cite defendants from all dioceses. In other universities in this part of Europe it seems that the rector had a 16 17

Cobban, Medieval English Universities (note 12), 2.59ft. J. Dabrowski, Z. Kozlowska-Budkowa, and K. Pieradzka, Dzieje Uniwersytetu Jagiellonskiego, vol. I (Cracow, 1964), 15-20, 57—71, 127—38. 123

Aleksander Gieysztor fairly wide jurisdiction, but no direct spiritual jurisdiction.18 Everywhere student power waned at the end of the Middle Ages, as did the importance of the nations. Some German universities, such as Leipzig, continued to elect a student rector, a young man of noble, perhaps princely, birth, but he was controlled by a vice-rector or, as in Rostock, by a promotor or superintendens. The latter was a permanent executive officer discharging real rectorial powers as the representative of the (merely honorary) rector. The election of a rector gradually passed to a small group; in Tubingen it was dominated by the regent masters. The University of Naples is rather an exception. It was a state university, founded by the emperor (1224) and completely subject to royal authority. The jurisdiction of the scholars therefore did not belong to the rector but to the king's officer, the iusticiarius scholarium. In the administration of justice in criminal cases the iusticiarius was assisted by three assessors chosen by the students. In civil cases the crown respected the imperial privilege, the Authentica Habita; thus the scholar might be tried by his own master or by the archbishop. The real representative, legislative, and administrative authority of the universitas, of the corporation, lay with the general assembly (congregatio generalis, plena congregatio, generate concilium, consilium). Depending on the basic constitution of the studium, the general assembly was composed of masters, masters and students, or students alone, and presided over by the rector (or, in Oxford and Cambridge, the chancellor). Besides the general congregation there were assemblies (convocatio, conventus, coetus, cetus) on all levels of the university organization: faculties, nations, and colleges. Only slight differences in procedure are recorded in the statutes. In the course of time there was a general tendency to reduce the activities of a general assembly and to leave current affairs and decisions to a smaller council of leading officials. In Paris in the early years of the university, regent masters of all the faculties formed the general congregation which, the rector being subject to it, managed the university. After the mid-fourteenth century the non-regent masters were frequently summoned by the rector to attend the congregation as highly placed persons in church and state. They voted, except at elections; their presence was probably not legally necessary to the acts of the university as it was at Oxford and Cambridge. The rector announced the time and place of the congregation and the agenda. The dean of the theological faculty was convened by the rector in his house or through a master of arts, the other 18

F. Stein, Die academische Gerichtsbarkeit in Deutschland (Leipzig, 1891); P.Classen, 'Zur Geschichte der "akademischen Freiheit" vornehmend im Mittelalter', Historische Zeitschrift, 232 (1981), 278; 529-33; Dabrowski, Z. Kozlowska-Budkowa, and Pieradzka, Dzieje (note 17); C. Vandenghoer, De rectorale Rechtbank van de oude Leuvense universiteit 1425-1797, Verhandelingen Koninklijke Academie, Letteren no. 124 (Brussels, 1987). 124

Management and resources deans and proctors by letter. The deans and proctors summoned the master of faculties and nations by sending a beadle during morning lectures. The matters to be discussed were suggested by one of the component bodies and submitted to the assembly by the rector. One matter of importance was the statutes to be voted. Debates were conducted separately, by each faculty and nation. In the church of St Julien-le-Pauvre, one of the places in which the congregation was held, there were proctors' chairs in the four corners of the nave, and the nations used to retire to these corners. Three smaller bodies, the superior faculties, had their own places. The opinion or vote of a nation or faculty was announced by its proctor or dean. The rector then presented the conclusions of the whole university; where, as often, no conclusions were reached, he had no casting vote. But from the mid-fourteenth century there were some declarations of opinion by the majority, and before the end of the century the right of the majority to bind the minority was accepted in the nations of the faculty of arts, in the general congregation, and in the assemblies of the faculties. A dissenting body could obstruct the procedure by refusing its key to the chest containing the university seal, and on such occasions that chest could be broken open; another method was an appeal to the pope. At Bologna, the rector and the councillors, consiliarii elected by nations, convoked the general congregation of the two universities. The consent of one rector and of a majority of the councillors was needed to call this assembly; at the demand of two councillors votes were taken by ballot with black and white beans. A majority of the congregation was necessary to pronounce the sentence of deprivation or declare a doctor or scholar perjured.lt was compulsory for all students to take part; congregations were held in convents or churches, usually in the convent of St Dominic. Every member had the right to speak, but the rectors had the power to impose silence on the loquacious, as the statutes declare. Those statutes could not be altered more than once every twenty years; eight elected statutarii conducted the revision and published it without any confirmation. Amending them at any other time was not possible except by a unanimous resolution of the university upon a proposal accepted by the rectors and councillors, and then by twenty-four members of the university named by them; the consent of the doctors was also necessary. Three separate congregations arose in Oxford. The first of them was the Black or Previous Congregation composed of the regent masters in arts. It was summoned in St Mildred's church (and, after 1437, in St Mary's) for inceptions in arts and for the preliminary discussion of proposed statutes. The second congregation, the Lesser Congregation of regents of all faculties, meeting in a building close to St Mary's church, controlled finances, lectures, studies, and graduation. The third congregation, the Full or Great Congregation of all the masters, regents and non-regents - later known as the convocation - voted upon the statutes according to a procedure of 1303 providing 125

Aleksander Gieysztor for a majority vote by faculties; the non-regents voted separately. This was the highest court of appeal in the university. The universities of Spain were nearer to the Bologna model than to the Paris model. The students' congregation elected the rector; the doctors formed a college of their own, but were not excluded from votes in congregation as was the case at Bologna. But following the statutes of Salamanca in 1422 the general congregation of students was deprived of its rights, and management of the university passed to a body ofdiffinitores, a congregation consisting of a rector, the scholasticus, and twenty persons selected by the university from student nobles and holders of dignities, not being under twenty-five years of age, and by ten persons elected by and from the regents holding salaried chairs. A two-thirds majority was required for any proposal or matter to be laid before this body. The election of the scholasticus was entrusted to it, and finally confirmed by the pope. At Prague the council or congregation of the university was composed of councillors, as heads of the nations, and of masters. Voting was by count of heads. Vienna, too, was a university of masters but the students had a vote in the election of proctors in the nations. In Cracow, the general congregation of the masters held its meetings, with the rector as chairman, in the Collegium Maius, but from 1464 the rector and the deans formed the real governing body of the university. In other universities of central Europe, in the fourteenth and fifteenth centuries, students are still mentioned as taking an indirect part in the election of the rector. But students' rights were curtailed everywhere. Nations were abolished or were deprived of the right to defend their interests other than by delegating representatives to the university councils, in which the masters gained a dominant and sometimes exclusive position. 19 Besides the high officers of the university and the nations, faculties, and colleges, other permanent or temporary officials existed who had management duties but who did not belong to the body of masters and students. Their nature and number varied from university to university, depending on its size and wealth. At first their role was very limited, but with the growth of the studia generalia there was more need for sound administration by competent officials from outside the university. The beadle {bedellus) and messenger (nuntius) were the first external administrators; their office is almost as old as the universities themselves. In French universities the office was often bought and sold - at Avignon in 1463 a beadle paid 200 guilders for his office.20 Beadles preceded the rector and other higher officers during public appearances, in full ceremonial robes, 19

20

A. Vetulani, 'Les origines et le sort des universites de l'Europe centrale et orientale fondees au cours du XIVe siecle', in Universities in the Late Middle Ages, 148-69. J. Verger, 'Depenses universitaires a Avignon au XVe siecle (1455-1456)', in Avignon au Moyen Age. Textes et Documents (Avignon, 1988), 212. 126

Management and resources carrying the decorated verge (massa) which was the emblem of their office; they collected the votes at meetings of the congregation and read lists of mandatory reading material and of books up for sale; they gave notice of disputations and kept the list of graduations; they read proclamations and the text of new statutes; they collected fees and fines, kept the names of those sentenced to imprisonment, and advertised the times of sittings in the academic court; as caretakers and porters they were responsible for the material care of the schools. Every universitas had a bedellus maior or generalis and usually several bedelli minores and/or speciales, who were attached to professors and to the faculties and nations. The beadles earned the respect of the academic community. They were citizens of the university town and they and their wives were granted the rights and privileges of the studium. They were paid out of special collectae (see p. 133). In many universities, the office of beadle became venal. The nuntii or messengers appeared with the nations. They served as gobetweens for the students and their families, carrying money, goods, and letters. In international university towns nuntii maiores (as opposed to nuntii minores or volantes, the petty or flying messengers) operated as quasibankers who paid out the scholars' money advanced by their parents or lent money to scholars. At Padua money-changers (mutuatores et feneratores) loaned money to suppositi. Financial transactions of students were registered in the libri memoriales or notarial minute-books of the comune of Bologna. Students who were short of money often pawned books or even their horses to buy drink. In the course of the Middle Ages other officials made their appearance in most of the universities, under different names. Thus the notarius in Bologna or Paris, and the dictator in Louvain, acted as secretary. He kept the matricula, recorded the official acts of the university, and wrote documents and letters. At Oxford a chancellor's scribe or clerk is mentioned for the first time in 1428. In 1447 the office of registrar was instituted; he was required to be an MA and public notary. A good knowledge of Latin and calligraphy became a requirement in the pre-humanistic and humanistic universities. Other salaried academic personnel were syndici or legal assessors and solicitors of the university or faculty; they looked after the studium's legal affairs and its property. Litigation seems to have been very popular in medieval academic life, and permanent professional legal aid was therefore not a luxury. Officials were appointed to collect fees and keep accounts - two massarii (treasurers) in Bologna, the receiver-general in Paris or Orleans, and the proctors in Oxford and Cambridge. Of course other university corporations, such as faculties, nations, and colleges, also had receivers {receptores or quaestores aerarii), often from an earlier date than their university counterparts. The chaplain was usually a member of the community, sometimes a student, but usually somebody from the staff; his duty was to celebrate the statutory 127

Aleksander Gieysztor masses in the university calendar and to conduct masses for benefactors, and the funerals of deceased members. At Oxford University the chaplain also acquired the salaried function of librarian in 1412. Only with the expansion of university libraries after the invention of printing did librarians become important officials of the university, faculty, nation, and college. Closely linked to the university were people dealing in books. 21 The book the manuscript book, and from the last quarter of the fifteenth century the printed book - was vital to the intellectual life of the university. The publishers and librarians often belonged to the university, or were at least controlled and sworn in by it. The stationers (stationarii) and their workrooms and bookshops (stationes) in Bologna were subject to the town authority, but some of them, as stationarii universitatis, owed allegiance to the rector. The stationarii peciarum were mainly custodians of the original copies (exemplaria) of teaching texts, corrected and approved by the professors; those stationers copied them, and loaned them against payment to be copied by others. The official copies were unbound and delivered in fascicles called peciae; the pecia stationers were subject to inspection by the committee of peciarii named by the university. On the other hand, the book stationers (stationarii, mercatores or venditores librorum) were mainly merchants, sometimes involved in book production by loaning the pecia and giving it to professional copyists. At the end of the thirteenth century the university tried to limit the number of authorized stationers to five. At Paris, the stationers were the approximate equivalents of the first Bologna group, and the booksellers (librarii) of the second one, but sometimes both activities were practised by the same person. The booksellers sold books, served as brokers, and commissioned books for copying. Only a few were stationers empowered to lend out peciae. All this little world of books, and at the end of the fifteenth century of the printed book as well, was controlled by the university, but only in so far as its activities concerned the university; for the stationers and booksellers did not work only for the studium. Besides being responsible for managing the extmplar-pecia system, as in Bologna or Paris, the stationers in Oxford were authorized university agents for conducting the book trade within the town, and for valuing books, manuscripts, and other articles offered as pledges. There is clear evidence that the pecia system was used in at least eleven medieval universities (Bologna, Padua, Vercelli, Perugia, Treviso, Florence, Naples, Salamanca, Paris, Toulouse, and Oxford).22 21

22

J. Destrez, La pecia dans les manuscrits universitaires du XIHe et du XlVe siecle (Paris, 1935); G. Pollard, ' T h e " P e c i a " System in the Medieval Universities' in M . B. Parkes a n d A. G. W a t s o n (eds.), Medieval Scribes, Manuscripts and Libraries: Essays Presented to N. R. Ker (London, 1978), 145-61; L. J. Bataillon, B. G. Guyot, and R. H . Rouse (eds.), La Production du livre universitaire au Moyen Age. Exemplar et pecia. Actes du Symposium tenu au Collegio San Bonaventura de Grottaferrata en mai 1983 (Paris, 1988). Pollard, ' T h e " P e c i a " System' (note 21), 148.

128

Management and resources In central Europe, in the fourteenth and fifteenth centuries, the prevailing system was not the pecia but dictation of the texts {pronunciatio) to the students by the masters and bachelors in the university, as in Prague and Cracow, or in the schools. Even in Paris, students asked their teachers to dictate the courses, for financial reasons. Some professional copyists in towns worked for the universities, among them a specialized group of cathedrales (from the writing chair, cathedra) in Germany, Bohemia, Austria, and Poland, now and then approved by the university.23 In addition, many universities mention various kinds of persons specializing in making books exemplatores, scriptores, correctores, miniatores, rasores librorum, ligatores - all of them more or less subject to the rector or chancellor. EXTERNAL GOVERNMENT

As explained in chapters 2 and 3, the history of the medieval university is dominated by its struggle for autonomy. It was a long time before church and state recognized the studium generate as an autonomous institution, and its relationship with the town was always precarious. One of the first demands of the university corporation was the right to recruit its members. In the earlier medieval schools the right to confer the licentia docendi (permission to teach) belonged to the scholasticus or magister scholarum, and in a cathedral school to the chancellor of the chapter, who was in charge of the bishop's or archbishop's scriptorium or writing-office. In the course of the thirteenth century it became the practice for the chancellor also to supervise the university schools, which were under episcopal jurisdiction. As early as 1212-13 the masters in Paris obtained the right to hold examinations and recommend candidates for the licentia to the chancellor of NotreDame, who was bound to confer the degree without requiring the candidates to pay money or swear individual oaths. In Bologna the archdeacon of the cathedral presided over the examinations committee and granted the teaching licence on the professors' recommendation. The archdeacon was sometimes called cancellarius and in the late Middle Ages it became usual to speak of the archdeacon of Bologna as chancellor of the university. In the Pisa studium, on the contrary, the archbishop figured as chancellor. The role of the chancellor thus tended to become formal rather than real, both in universities that arose e consuetudine and in those founded e privilegio. At Orleans, for instance, the flourishing cathedral school became a university; the scholasticus remained head of the masters until 1306, when the studium was officially recognized as a studium generale by papal bull; the masters were then allowed to elect a rector and the chancellor formally granted the degrees. 23

E. Potkowski, Ksiq^ka rekopismienna w kulturze Polski sredniowiecznej (Warsaw, 1984), 77-109. 129

Aleksander Gieysztor This confronted universities created ex privilegio with a new situation. This is not to say that the pattern of development was everywhere the same. As already stated in the passages dealing with the rector, the chancellor retained more authority in the Spanish studia and in Glasgow. In the English universities the position of the chancellor evolved in a completely different way. There, the chancellor, being the official representative of the bishop, soon came to be elected by the masters' guild. From being an external officer set above the masters, he became one of them. (The rector-chancellor relationship in the English universities is mentioned on p. 122.) The growth of the chancellor's power in Oxford was due to royal grants of privilege to the chancellor's court and the spiritual privileges, including even the power of excommunication, given to him by the archbishops of Canterbury. At the end of the thirteenth century, the chancellor was elected every two years by the university congregation. His appointment was submitted to the bishop of Lincoln, and finally to the archbishop of Canterbury for confirmation. In the fifteenth century, however, chancellors were not only re-elected, but non-resident. In spite of formal exemptions, the English universities were passing under greater crown control, with chancellors who were nominated for life and who appointed the vice-chancellor. In 1484 the bishop of Lincoln was appointed chancellor at Oxford. At Cambridge, from the early thirteenth century onwards the position of the chancellor was similar to that of his counterpart in Oxford. There is some parallel between the chancellor of the English universities and the chancellor of the university of medicine of Montpellier. The latter was a representative of the bishop and the head of the corporation; he was appointed by the bishop of Maguelone and chosen from among the masters. The chancellor's power was, however, somewhat limited; his jurisdiction was purely civil and the right to award the licence remained with the bishop. At other European universities there were still other differences in the method of appointment and the competence of the chancellor as the representative of episcopal authority. In many universities of central and eastern Europe the chancellor was the local bishop or archbishop, and delegated his authority to an officially elected member of the studium. At Tubingen (founded in 1477) the chancellor was a commissarius perpetuus of the bishop and his conservator. At Pozsony (Pressburg) in Hungary (founded 1465-7), on the contrary, the archbishopchancellor chose the provost of the chapter of Pressburg as his vice-chancellor. The bishop of Cracow was chancellor of the university and also its general conservator. He did not preside over examinations, but awarded the licence in the higher faculties; he supervised finance and salaries, and intervened in university life to some considerable effect through his regulations (1422,1433, etc.).24 24

Dabrowski, Kozlowska-Budkowa, and Pieradzka, Dzieje (note 17), 43-55. 130

Management and resources As always, the situation was completely different in Naples; the university there was subject to the royal chancellor until 1497, when the king's grand chaplain became governor of the studium. A second demand of the university corporation was for the right to make statutes regulating the internal organization of the studium. Consequently the university needed officers for the management of the studium and for dealings with the outside world. For instance, in almost every university town citizens and academics jointly appointed a committee of taxatores to fix and control the prices of rooms, food, and books and ensure an adequate supply in times of scarcity. At Padua there was more communal supervision: four citizens (tractatores) cooperated with the student rectors in a wide range of practical affairs. In Portugal the almocatenes or controllers of weights and measures were appointed by the students. In Salamanca the rent of lodgings was fixed by conservatores privilegii, who also exercised other supervisory functions. This privilege and others recognized by papal or royal authority were not always observed. Pope and king therefore appointed apostolic and royal conservators to safeguard the rights and privileges of the studia generalia. Members of the university could appeal to these conservators when their privileges and other rights were violated inside or outside the university. At Paris the system worked well: suppositi could appeal to the Chatelet - the court of the prevot of Paris, who was the conservateur des privileges royaux or to the apostolic conservator in Paris, who was always one of three bishops, those of Meaux, Senlis, and Beauvais. At Oxford in the thirteenth century the pope nominated the bishops of London and Salisbury, and in the fourteenth century also the archbishop of Canterbury, as conservators of the apostolic privileges, but throughout those centuries the king's intercession was much more necessary to maintain the rights and privileges of the Oxford students. There was constant hostility between town and gown, and to avoid further violence against scholars the king made the sheriff and bailiff responsible for the preservation of the customary academic liberties and immunities. Moreover, in the course of the fourteenth century the king greatly reinforced the chancellor's authority over university members by giving him full jurisdiction over all suppositi, and the necessary power to keep the peace. In this the chancellor was in fact performing the same functions as the provost-conservateur royal of Paris. In other universities the apostolic conservators were more powerful, as in Louvain where they were the archbishop of Trier, the abbot of the abbey of Tongerlo, and the dean of St Peter's chapter of Louvain. In Prague the pope designated other conservators: the provost of the chapter of Mainz and the deans of the chapters of Breslau and Prague, but, as the nation of Saxony complained that it did not have a conservator for its region, the dean of the

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Aleksander Gieysztor chapter of Liibeck was also appointed (1396).25 At Leipzig and Greifswald the bishop was recognized as conservator jurium et privilegiorum. Whereas in the German universities the apostolic conservators exercised spiritual jurisdiction over the university members, in Copenhagen the royal conservator had apparently unlimited jurisdiction over students. So did the conservatores studii named by the king from among the burghers in Portugal, where the royal authority was stronger than in Spain.26 In Italy conservators of privileges played a minor role. The archdeacon of Bologna and a Dominican friar or another ecclesiastic were appointed to guard the apostolic privileges. In any event, the students seldom appealed to this papal jurisdiction for assistance in their conflicts and demands. The civic authorities, especially, the comune, approved this reticence. The Venetian rulers also tried to reduce ecclesiastical influence in the Padua studium. The Italian cities were not only concerned to protect the rights of scholars; they also wanted to keep law and order inside the studium. In the fourteenth and fifteenth centuries more and more Italian communes paid reformatores^ gubernatores^ tractatores, or tutores studii to supervise student activities and to reduce student autonomy, and, with it, disorder in the comune. In 1391 at Ferrara a body of reformatores, appointed by the duke and municipality jointly, was entrusted with the general government of the university, including the appointment of professors. In Turin, in the fifteenth century, the duke appointed two canonists, four doctors of civil law, one of law and medicine combined, and one of theology. The government of Venice appointed reformatores to the University of Padua immediately after Padua came under its authority (1406). From 1517 onwards the Padua studium was governed by a body of reformatores. The princes of the Holy Roman Empire also tried to strengthen their influence on 'their' local university by appointing officials to supervise it or to carry out allegedly necessary reforms there. At Dole the duke of Burgundy appointed the three distributores (originally appointed to administer the public funds allocated to the university) as reformatores studii. At the close of the Middle Ages French kings also tried to reduce academic autonomy, limit abuses of privileges, and restore order and discipline in the universities of Paris and the provinces by sending reformatores studii. These men were members of the Parlement of Paris, well known for their loyalty to the crown and their belief in a strongly centralized state. For the reforme generate of the University of Paris in 1452 the king also appealed to the papal legate, Cardinal d'Estouteville, whose family had long been devoted to the crown.27 From the beginning papal legates took part in regulating consti25

26

27

P. M o r a w , 'Die Universitat Prag im Mittelalter. Grundziige ihrer Geschichte im europaischen Z u s a m m e n h a n g ' , in P. M o r a w (ed.), Die Universitat zu Prag (Munich, 1986), 45. A. Garcia y Garcia, 'Aspectos de la Universidad Portuguesa medieval', in Universities in the Late Middle Ages, 133-47. J. Verger, 'Les libertes universitaires en France au M o y e n Age', in Les Libertes au Moyen Age, Festival d'histoire de Montbrisson (Montbrisson, 1986), 426.

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Management and resources tutional matters. In Italy the influence of papal legates in university matters grew with the expansion of the papal state. When Bologna came under the direct control of Rome in 1506 the cardinal legate and sixteen reformatores became the real governors of the studium. Their power increased still more in the early modern period (see volume II, chapter 4). The universities also had officials acting temporarily outside the university: solicitors represented the university in the ecclesiastical and civic courts, and the studia sent professors on embassy to popes, princes, and councils. How to pay for all this was a perpetual problem. FINANCE

Every corporation within the university had its own budget, but medieval bookkeeping was primitive, and finance was kept to a minimum, as was material infrastructure. Financial resources and needs of course varied and became more and more important as time went on. The rather scanty remaining accounts of universities and nations give some insight into the way their finances functioned. University income came from both internal and external sources. The internal sources were fees for matriculation and graduation, graces (dispensations from the statutory conditions for degrees) and other dispensations, money collected from the nations, and collectae (see below). External sources were ecclesiastical benefices, salaries paid by the king, duke, or town, gifts and legacies, and grants and endowments given for the permanent support of the university. Expenditure was modest. Much of the budget went to festivities, banquets, and entertainment, or on routine payments for administration or travel; lawsuits also cost money, and in the later Middle Ages the maintenace of buildings and other properties (e.g. insignia) burdened the academic budget. Teachers' salaries were not usually paid by the university (see chapter 5). Officials were not paid a salary but were entitled to a part of the collectae', a proportion of fines, and an allowance for expenses; gifts in kind could also be substantial. Collectae were sums levied on the students once or twice a year, to pay some officials of the university (beadles and proctors) and the teachers, and some common expenses of the university. By the end of the Middle Ages collectae cost the students little, but examination and graduation fees, and gifts in kind to masters and beadles, were a burden to candidates. In the second half of the fifteenth century university statutes regulated and limited the fees demanded.28 The university coffers (archa) were fed by fines imposed by the university court for violation of the university statutes, disciplinary measures, neglect of 28

M. Fletcher and C. A. Upton, 'Expenses at Admission and Determination in Fifteenth Century Oxford: New Evidence', English Historical Review, 100:395 (1985), 331-7. 133

Aleksander Gieysztor duties, and so on. Some statutes exactly stipulate the scale of fines; thus the statutes of the Collegium Minus at Leipzig (1438) prescribe, for lifting a stone or similar missile with the intention of throwing it at a master, but not actually throwing it, a fine of 10 new groschen; for throwing but missing the fine was 8 florins, and still more for a successful throw. The fine for striking varied according to whether the victim was wounded by the blow and whether the wound produced mutilation.29 In Vienna the poorest student offenders were flogged if they could not pay the fine. The statutes of Copenhagen, modelled on those of Cologne, are less explicit; they say only that fines are at the discretion of the rector and the four deans.30 Collectae and fines were collected by the beadles or receivers (receptores or collectores). Students could also pay the collectae direct to the masters, as in Toulouse, Montpellier, and Avignon, or in Bologna after some rather difficult negotiations between the professor and some of the students.31 At the English universities the proctors served as the principal financial officers. The earliest extant proctors' account dates from the middle of the fifteenth century. At Oxford the university's income came, in descending order, from degree fees, graces, rents of urban property, the payments by Eynsham and Oseney abbeys for the relief of poor scholars and regents in arts, fines, money from the keepers of grammar schools in Oxford, and small miscellaneous amounts. The university's expenditure embraced a lavish annual entertainment for graduates; an annual distribution of money to the regent masters; a feast for the auditors of the accounts; sundry expenses and allowances for the chancellor, proctors and bedels; the payment of a number of rents; salaries paid to the registrar and to the chaplain-librarian; payments to the parish clerk of St Mary's church; entertainment for visiting royalty; expenses in connection with the confirmation of the University's privileges; and payments towards the diverse building ventures.32

Cambridge's budget is similar to that of Oxford and in fact all the medieval universities' accounts were alike. An example of central European financial management is Cracow University. After its renewal in about 1400 the funds were secured by the king, the bishop, and a group of lords. The income from the royal Cracow customs and salt-mines probably paid for seven to nine professorships. More important were fifteen ecclesiastical benefices for the masters in theology and law, and forty-six rather modest benefices distributed among the masters in arts 29 30

31

32

Rashdall, Universities, vol. Ill, 363. J. Pinborg (ed.), Universitas Studii Haffnensis. Stiftelsesdokumenter og Statutter 1479 Udgivet af Kobenhavns Universitet, English translation by B.P. M c G u i r e (Copenhagen, 1979), 117, cap. 41. J. Verger, 'Le cout des grades: droits et frais d'examen dans les universites d u Midi de la France au M o y e n Age', in A. L. Gabriel (ed.), The Economic and Material Frame of the Medieval University (Notre D a m e , 1977), 2.0. Q u o t e d from C o b b a n , Medieval English Universities (note 12), 86.

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Management and resources (they had no more than ten to twelve marcae a. year - bed and board in the Collegium Maius cost seven marcae); they also had an unknown proportion of the university funds. The central treasury received fees from students and graduates, rents from houses belonging to the university, incomes from financial operations with the foundations' estates, and cash payments by donors. The rector Thomas de Strzempino (1432) observed that 'the purpose of this institution is not to amass wealth'. Nevertheless, the university provided for about eighty masters, collected quite a good library, built a stately Collegium Maius at the end of the fifteenth century and even made loans to the crown and town. 33 The extant accounts of the German nation at the Orleans studium, which start in 1444, and a variety of other source material, give some idea of the studium's finances.34 They show that the university derived its income mainly from part of the matriculation and graduation fees. Most of these fees went to the nation, for until 1532 matriculations and graduations were registered by the nation and not by the university. The professors had to pay a fee for permission to teach at the university, and were also urged to contribute to its extraordinary expenses. The university's other sources of income were, in order of importance, fines, legacies, and gifts. Its main items of expenditure, also in order of importance, were administration, the salaries of its few officials, the numerous lawsuits in which it was involved, and the growing cost of academic solemnities and religious feasts and of the maintenance of its few movable and immovable properties. For extra expenditure, such as a contribution to sums paid as security by, or for the ransom of, sovereigns (as, for instance, in 1529 for the French dauphin), the university appealed to its members' generosity. On other occasions too it might ask for special support. In 1506 the studium of Louvain contributed to the cost of restoring the city walls when a French invasion threatened.35 Funds in the Orleans studium were always minimal, in the fifteenth century and later. Until 1532 they were managed by a receptor generalise a graduate student chosen by roster among the receptores of the nations, who was paid a percentage of the income. As part of the reorganization (reformatio) of 1532, King Francis I ordered the financial management of the university and the nations to be centralized in the hands of a general receptor chosen by the burghers of the city. The 33

34

35

A. Gieysztor, 'Aspects financiers de l'Universite de Cracovie au XV siecle', in Gabriel (ed.), Economic Frame (note 31), 51-6; J. Michalewicz, 'Les bases economiques de l'Universite Jagellonne et leurs aspects sociaux', and M. Michalewiczowa, 'Le benefice en tant qu'element de la structure d'organisation de l'universite Jagellonne', in L'Histoire des universites. Problemes et methodes (Warsaw, 1980), 25-104; J. Michalewicz, Majatek kapita/owy Universytetu Jagielloriskiego XV-XVIH w. (Cracow, 1984);]. Michalewicz and M. Michalewiczowa (eds.), Liber beneficiorum et benefactorum Universitatis Jagellonicae in saec. XV-XVIH (Cracow, 1978). H . de R i d d e r - S y m o e n s , 'La vie et l'organisation materielle de l'ancienne Universite d ' O r l e a n s ' , in Gabriel (ed.), Economic Frame (note 31), 3 7 - 5 0 . De Universiteit te Leuven 1415-1985 (Louvain, 1986), 42.

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Aleksander Gieysztor finances of the University of Avignon are analogous. Its income came mainly from matriculation and graduation fees, and from letting academic rooms to bachelors giving 'extraordinary' lectures. Expenditure was principally for maintenance of the schools (seven classrooms in 1455), the clock, and the library; ceremonies, correspondence, and lawsuits also absorbed large sums. Extraordinary costs, such as those for building schools, had to be paid from external sources.36 In universities erected and strictly controlled by the crown, finance was somewhat different. A state university such as Naples had no financial independence. The universities of Castile were also financed by the crown, with the king appointing the conservadores charged with their administration and paying their salaries and those of the teachers, a librarian, and a pharmacist. The money was provided from the royal tercias (one-third of the ecclesiastical tithe). Salamanca, Valladolid, and other cities helped their estudio in times of crisis by levying special taxes on the burghers. The Castilian universities, like all the others, had financial privileges that helped them to survive. They were exempt from general taxation and from taxes on beer and wine and import duties on meat.37 (The quantity of tax-free beer and wine to which universities were entitled was limited, as for instance by the Louvain city government, and abuse by the universities of their exemption from excise often led to tension and disputes between town and gown.) But in general, whatever the pattern of the university might be, the city was constantly aware of its university, and gave it financial assistance of various kinds. In return the universities often had to accept the financial control of the city government. In Prague two official collectores assisted the rector in managing the property of the university, but most of its possessions in Prague, as in German universities such as Cologne and Leipzig, were assigned to faculties and colleges, which ensured their own management. The rector had very little money at his disposal, and for every large item of expenditure he organized a collecta, or bursa as it was often called in German universities. In the course of the fifteenth century German princes became more and more involved in the finance of 'their' university in return for making it more allowances. Universities had no choice. Late medieval universities were not self-supporting. Their traditional income was completely insufficient to cover the high cost of acquiring and maintaining academic buildings.

UNIVERSITY BUILDINGS

In the late Middle Ages, as student populations grew and universities ceased to migrate, universities acquired buildings and movable property. For a long 36 37

Verger, ' D e p e n s e s universitaires' (note 20), 2 0 7 - 1 8 . A. R u c q u o i , 'Societes u r b a i n e s et universities en Castille au m o y e n A g e ' , in D . P o i r i o n (ed.),

Milieux universitaires et mentalite urbaine au Moyen Age (Paris, 1987), 105-6.

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Management and resources time in Paris and Bologna the administration had not needed to take care of university buildings, because there were none. Lectures were held in houses rented by the masters, examinations and meetings in churches and convents. In Paris, however, both the theological faculty and the nations began renting property as early as the fourteenth century, and acquiring it in the fifteenth century. With lecture halls in the rue du Fouarre and many other places, with colleges and lodgings, and with churches (all of them on the left bank of the river), the Quartier Latin became the university quarter of Paris.38 The young Bologna studium, too, contented itself with private houses and religious or public buildings for lectures, meetings, and ceremonies. Growing numbers of students, some of them very young and needy, made housing facilities more necessary as time passed. College buildings arose everywhere, but especially in universities with large faculties of arts, such as Paris, Oxford, Cambridge, and later on the German universities. Italian studia also looked for lodgings for their students. The comparatively few colleges in northern Italy were founded in and after the fourteenth century, at first in converted private houses. After 1420 a special type of building appeared, the domus sapientiae (house of wisdom) or sapienza, a teaching college modelled on the Collegio de Spagna in Bologna, built in 1365-7. The rooms were grouped around an arcaded courtyard. Gradually the sapienza ceased to be dwellings and in early modern times became the official university buildings with lecture rooms, discussion rooms, a library, rooms for accommodation and administration, archives, and a graduation room. The palazzo della sapienza became the current name for these sumptuous university buildings.39 Besides the marvellous Collegio di Spagna in Bologna (which is still operating), there are outstanding examples of medieval building in Oxford and Cambridge. The English universities were also precocious in erecting official academic buildings. The first purpose-built building of this kind, the Congregation House at Oxford, dating from c. 1320, was the gift of Thomas Cobham, bishop of Worcester. The next important buildings, the Divinity School and schools of other faculties (all incorporated in the present Bodleian Library), were erected in the fifteenth century at the cost of individual benefactors and from university funds. Similarly, Cambridge's university building programme (the Schools Quadrangle) in the late fourteenth and the fifteenth century made inroads on the university's funds, benefactors' subscriptions being insufficient.40 The Schools in Salamanca (Las Escuelas), also a fifteenth-century quadran38

39

40

A. G r a b o i s , La Genese du Quartier Latin, Studies in History, 23 (Jerusalem, 1972); L. E. Sullivan, ' T h e Burg of Sainte Genevieve: D e v e l o p m e n t of the University Q u a r t e r of Paris in the Thirteenth and Fourteenth Centuries', Ph.D., Baltimore, 1975. M . Kiene, 'Der Palazzo della Sapienza - Z u r italienischen Universitatsarchitektur des 15. und 16. Jahrhunderts', Romisches Jahrbuch fur Kunstgeschichte, 23/24 (1988), 219-71. C o b b a n , Medieval English Universities (note 12), 86-8 and passim.

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Aleksander Gieysztor gle, conserve one room in its original state. The rude wooden benches and desks, and the cathedra in the Divinity School, were certainly an improvement for students used to sitting on straw on the floor.41 The rue du Fouarre or Feurre {vicus straminis or street of straw) in the Quartier Latin of Paris is a reminder of this custom. The only remaining secular university building of the Middle Ages in France is the Gothic Salle des Theses at Orleans. This two-storey building, having a big room for the library and another for meetings, dates from the first half of the fifteenth century. At the end of that century the university began to build its Grandes Ecoles, and bought a contiguous house for the Petites Ecoles.42 Because of the close ties between the German towns and their universities, the latter acquired housing facilities and an infrastructure from the date of their foundation onwards. At first schools were housed in converted private or religious houses, but as early as the fifteenth century special academic buildings were erected. Churches continued to be used for official ceremonies and festivities.43 The local princes also saw to the upkeep of the buildings. At Heidelberg every year the rector, the dean of the faculty of arts, a master, and the beadle of the university were bound to inspect all the faculty buildings together with two workmen. Repairs were paid for from the university treasury.44 Their strong stone buildings encouraged universities, nations, and colleges to set up libraries. The Congregation House and Divinity School in Oxford, several buildings in Cambridge, the Schools in Salamanca, the Collegium Maius in Cracow,45 and many others, housed book collections constantly added to from gifts, legacies, and fines, and to a lesser extent by purchase. In smaller institutions the library dates mainly from the early modern period. Some statutes laid down very detailed regulations for the upkeep of the library and the loan of books. In a decree of 1439 the rector of the University of Heidelberg took special and very strict measures for the collection of books left to the university by Louis III, count palatine of the Rhine.46 Besides the libraries, located mainly in the colleges, the most treasured possessions of the academic institutions were archives kept in chests closed with a triple lock, as in Orleans, together with seals, maces, verges, and money. Nations and colleges had chalices, church ornaments, missals, utensils, banners, statutes, 41 42

43

44

J. A. Villar, The University of Salamanca. Art and Traditions (Salamanca, 1980), 49—50. R. Boitel, 'La construction de la Salle des Theses de l'ancienne universite d'Orleans', Bulletin de la societe archeologique et historique de I'Orleanais, new series, 1 (i960), 299-309. H . Roller, 'Stadt und Universitat im Spatmittelalter', and A.-D. von den Brincken, 'Die Stadt Koln u n d ihre H o h e n Schulen', in E. M a s c h k e and J. Sydow (eds.), Stadt und Universitat im Mittelalter und in der friiheren Neuzeit (Sigmaringen, 1977), 17-19, 34~6L. T h o r n d i k e , University Records and Life in the Middle Ages, 2nd edn (New York, 1949), 370-1.

45

46

K. Riickbrod, Universitat und Kollegium, Baugeschichte und Bautypen K. Estreicher, Collegium maius. Dzieje gmachu (Cracow, 1968). T h o r n d i k e , University Records (note 44), 315-17.

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(Darmstadt, 1977);

Management and resources charters, and registers. Students and masters took good care of their valuables. To open the chest of the Anglo-German nation at Paris, eight members of the nation had to be present; to open the archa exterior, four members (the procurator, the receptor, and two masters); and to open the archa interior or scrinium, which contained the nation's money, four masters.47 By 1500 old and new universities alike possessed proper academic buildings - lecture rooms, assembly rooms, a chapel, one or more libraries, lodgings for students and teachers - and many articles of value. Throughout Europe, faculty buildings, and particularly college buildings with libraries combining functional needs with a show of magnificence, were visible signs that the masters in the late medieval university were no longer footloose. No longer could universities threaten to migrate, no longer could public authorities tolerate strikes or secessions; the monumental disposition and architecture of the late medieval university showed how completely it had become a part of society. University towns had acquired a character of their own. ACADEMIC INSIGNIA

From the very beginning, the image and character of a studium generale were expressed by its costumes, insignia, and festivities. The complex communication of university events required the symbolic ordering of ideas in rites and ceremonies. Congregations, installations, examinations, inceptions, jurisdictional proceedings, lectures, divine services, and even meals and festivals observed ritual sequences of words, gestures, objects, music, lights, and furniture, and prescribed forms of dress. University insignia embraced a rather large group of symbolic objects used in many ways and at different times by the members of academic bodies: sceptres and verges, chains, rings, seals, chalices, keys, registers and statute books, gowns and caps. Sceptres were the visible signs of the autonomous and especially jurisdictional power of rectors: Cracow University still has four rectorial sceptres dating from the fifteenth and sixteenth centuries. Verges of different length were carried by beadles before rectors and professors. Newly nominated doctors in Bologna received gold rings with their licentia docendi (this custom still survives at Uppsala). Academic costume originated in the dress48 of the secular clergy, to which masters and scholars at first belonged. The cappa clausa, a loose cape with a hood and a hole for the head, was introduced in the thirteenth century as clerical outdoor dress, and in Bologna, Paris, and Oxford was consequently 47

48

A. L. Gabriel, 'Res Q u a e d a m n o t a t u dignae n a t i o n e m Anglicanam (Alemanniae) Parisiensem saeculo X V Spectantes', in A. L. Gabriel a n d G. Boyce (eds.), Liber Receptorum Nationis Alemanniae (1425-1494), vol. VI of Auctariwn Chartularii Universitatis Parisiensis (Paris, 1964), 4 3 - 4 . Rashdall, Universities, vol. Ill, 385-93; M. G. Houston, Medieval Costume in England and France (London, 1939), 153-7; W. N. Hargreaves-Mawdsley, A History of Academic Dress in Europe until the End of the Eighteenth Century (Oxford, 1963).

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Aleksander Gieysztor regarded as university dress, at least for doctors and masters. By the fourteenth century this costume had acquired a shape and cut of its own. The significance of colour was not recognized until later. In the fifteenth century the influence of lay fashion, as in hoods, birettas, bonnets, shoulder pieces, and scarves, is visible. From this fashion comes the wing-sleeved gown, used in Germany, the Low Countries, Oxford, and Cambridge. Some colleges recommended their fellows to wear a certain kind of dress. Occasionally we read of costume distinguishing between nations, as in Prague at the national festivals. By the end of the Middle Ages each faculty wore robes of a distinguishing shape and colour. At Paris, Oxford, and Cambridge theologians wore black, and at Salamanca, Coimbra, and Perpignan white. Greenish-yellow or bloodred were the colours of the faculty of medicine. Blue at Perpignan, Coimbra, and Ingolstadt denoted the faculty of arts. Scarlet was for canonists. At Bologna, doctors of civil law appear to have taken to wearing scarlet cloth robes trimmed with ermine at an early date. Fourteenth-century doctors of canon law wore a blue ankle-length cappa manicata with elbow-length sleeves, and a cap {pileus) lined with miniver. The rector in 1432 was ordered to wear a black cloth cappa manicata buttoned up to the neck and a hood with miniver, and in summer it was to be made of thin cloth. In the fourteenth century the dress of Bologna doctors, except of theology, had come to consist of a round scarlet pileus, a birretum, and a long supertunica of the same colour trimmed with miniver or ermine. The costume of students was regulated; the statutes recommended them to wear the long black tabard (tabardum) and hood. At Paris there are references to academic dress in the thirteenth century. In the fourteenth it became more or less regulated. The faculty of canon law wore a red cappa with miniver, and a lined scarlet birretum. The regents in medicine had a cappa rotunda of violet-brown colour. Masters of arts were to wear a cappa with shoulder piece (epitoge). Bachelors of arts were ordered to wear brown-black tabards, and after their determinatio a blue cappa rotunda, and a hood trimmed with miniver. Students had the subtunica, and for feast-days a supertunica. In the fifteenth century the rector wore a scarlet supertunica with a close hood. At Oxford, the vice-chancellor was clad in a scarlet supertunica whose wide hanging sleeves were lined and edged with grey fur, and as head-dress a pileus with a small brim. In 1350 masters of theology were ordered to wear a cappa clausa, and a black pileus rotundus; full dress for doctors of canon law was the black cappa clausa, for doctors of civil law red, and for doctors of medicine crimson. Masters of arts wore a black cappa clausa, and later the sleeveless roba or toga; they were forbidden to wear the pileus, which was regarded as the preserve of doctors. In central Europe, a long supertunica or tabard, with a small, low-crowned 140

Management and resources hat, seems to be the most common dress in the Middle Ages. Great latitude as to colour was allowed until the sixteenth century. In the faculty of theology, as in Cracow, the cappa clausa was preserved. Students seem to have been left to their own devices as long as their dress was decent and not overcostly. Early universities devoted much thought to the design of their seals, which bore engraved emblems, figures, and words, since they were used to authenticate legal documents and were therefore a symbol of autonomy. 49 In the first half of the thirteenth century the right to possess a seal was contested, as at Paris where in 1246 the university regained its seal, which had been broken in 1225 by the decision of the pontifical legate. The great seal of the University of Paris from the thirteenth century until the Revolution bore the inscription 's. VNIVERSITATIS. MAGISTROR. [et]. SCOLARIV. PARISIVS', and in an architectural frame the Virgin with Jesus, Saint Nicholas and Saint Catherine, two doctors, and six students with books; and as the counter-seal the inscription ' + SECRETUM PHILOSOPHIE', with the figure of Sapientia (Wisdom). Besides the university seal, faculties and colleges in the fourteenth and fifteenth centuries had seals of their own. 50 It was a far cry from the general emblems on a seal, whose principal feature was its inscription, to heraldic coats of arms on buildings and movable property as well as seals. In the fourteenth and fifteenth centuries university heraldry, with its armorial bearings of universities and colleges, was no less gorgeous than the coats of arms of cities, princes of the church, and the nobility. The chronicle of Ulrich Richental, written during the Council of Constance (1414-18), tried to present the European university community in a set of coats of arms of Paris, Avignon, Orleans, Cologne, Erfurt, Heildelberg, Vienna, Prague, Cambridge, Oxford, Cracow, Bologna, and Buda. The illuminator did not everywhere exactly follow the existing heraldic tradition, but added a book, sometimes held in the hand, as a collateral emblem in every shield. Indeed, the book served as a general symbol of learning, and a book of privileges and registration (matricula) was used, like a manuscript Bible, in swearing a solemn oath. 51 The international and national import of this heraldic set conveys a sense of the European intellectual community and conscious awareness of the ideal of a local academic 49

50

51

Corpus sceptrorum - Die akademischen Szepter und Sta'be in Europa, vol. I, ed. G. Vorbrodt and I. Vorbrodt (Heidelberg, 1971); vol. II, ed. W. Paatz (Heidelberg, 1979); W. Maisel, Archeologia prawna Europy [Archeologie juridique Europe] (Warsaw, 1989), 264-6. History of Oxford, pi. nos. X, XI, text by J. R. L. Highfield, 225-63. For University of Paris: R. Gandilhon, Sigillographie des universite's de France (Paris, 1952), 83-93. Anton Porg (ed.), Conziliumbuch geschehener zu Constanz (Augsburg, 1583); N e w York Public Library, Spencer Collection, M S 32 (about 1450—60): O.Neubecker, J. P. BroekedLittle, and R. Tobler, Heraldry, Sources, Symbols and Meanings (London, 1977), 240-1; A. L. Gabriel, ' T h e Significance of the Book in Medieval Coats of Arms', in Gabriel, Garlandia (note 11), 65-96.

Aleksander Gieysztor body: vivere socialiter et collegialiter, et moraliter, et scholariter (Paris, I454).52 The organization and administration of European universities during three centuries of the Middle Ages were moulded by forces both inside and outside the corporation itself. Universities therefore had many common features, but even more which were individual and particular. The legal status of university members and of the university as an institution varied greatly from place to place until the end of the Middle Ages and, indeed, until the end of the ancien regime. Although the present survey has aimed mainly at describing events and institutions, it has also made apparent an essential trend noticeable in other realms of university life; that is, the evolution from legal autonomy and privileged status for masters and scholars to a professorial caste system and growing dependence upon public authority, coupled with attempts to uphold corporative and professional prestige in contemporary society. 52

A. L. Gabriel, 'The Foundation of Johannes Hueven of Arnheim for the College of Sorbonne (1452)', in Gabriel, Garlandia (note 11), 141.

SELECT BIBLIOGRAPHY

See also the select bibliography of chapter 7. Alvarez, M. F., Robles Carcedo, L., and Rodriguez San Pedro, L. E. (eds.) La Universidad de Salamanca, 3 vols., Salamanca, 1990. Bannenberg, G. Organisatie en bestuur van de middeleeuwse universiteit, Nijmegen, 1953Beltran de Heredia, V. (ed.) Bulgario de la Universidad de Salamanca, 3 vols., Salamanca, 1966-7. Beltran de Heredia, V. (ed.) Cartulario de la Universidad de Salamanca, 6 vols., Salamanca, 1970-3. Catto, J. I. (ed.) The History of the University of Oxford, vol. I, The Early Schools, Oxford, 1984. Chartularium Studii Bononiensis. Documenti per la Storia dell'Universita di Bologna dalle origini fino al sec. XV, 15 vols., Bologna, 1909-88. Cobban, A. B. The Medieval English Universities: Oxford and Cambridge, to c.1500, Cambridge, 1988. Cobban, A. B. The Medieval Universities: Their Development and Organization, London, 1975. Denifle, H. Die Entstehung der Universitd'ten des Mittelalters bis 1400, Berlin, 1885; reprint, Graz, 1956. Denifle, H. and Chatelain, E. (eds.) Auctarium Chartularii Universitatis Parisiensis, 6 vols., Paris, 1894-1964. Denifle, H. and Chatelain, E. (eds.) Chartularium Universitatis Parisiensis, 4 vols., Paris, 1889-97. 142

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and resources

Fournier, M. (ed.) Les Statuts et privileges des universites franchises depuis leur fondation jusqu'en 1789, 4 vols., Paris, 1890-2. Gibson, S. (ed.) Statuta Antiqua Universitatis Oxoniensis, Oxford, 1931. Gloria, A. (ed.) Monumentidella UniversitddiPadova, 2 vols., Venice/Padua, 1885-8. Hargreaves-Mawdsley, W. N. A History of Academic Dress in Europe until the End of the Eighteenth Century, Oxford, 1963. d'Irsay, S. Histoire des universites francaises et etrangeres des origines a nos jours, 2 vols., Paris, 1933-5. Ker, N. R. 'Oxford College Libraries before 1500', in J. IJsewyn and J. Paquet (eds.), Universities in the Late Middle Ages, Mediaevalia Lovaniensia, series 1, studia 6, Louvain, 1978, 293-311. Kibre, P. The Nations in the Medieval Universities, Mediaeval Academy of America, 49, Cambridge, Mass., 1948. Kibre, P. Scholarly Privileges in the Middle Ages. The Rights, Privileges and Immunities of Scholars and Universities at Bologna - Padua - Paris - Oxford, Mediaeval Academy of America, 72, Cambridge, Mass., 1961. Kiene, M. 'Die Grundlagen der europaischen Universitatsbaukunst', Zeitschrift fur Kunstgeschichte, 46 (1983), 63-114. Moreira de Sa, A. (ed.) Auctarium Chartularii Universitatis Portugalensis, 3 vols., Lisbon, 1973-9. Moreira de Sa, A. (ed.) Chartularium Universitatis Portugalensis, 8 vols., Lisbon, 1966-81. Rashdall, H. The Universities of Europe in the Middle Ages, 3 vols., ed. F. M. Powicke and A. B. Emden, Oxford, 1936; reprint, London, 1942-58; reprint, Oxford, 1988. Verger, J. Les Universites au Moyen Age, Collection SUP, L'Historien 14, Paris, 1973. Weijers, O. Terminologie des universites au XHIe siecle, Rome, 1987.

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CHAPTER 5

TEACHERS

JACQUES VERGER

It is self-evident that no university or school can exist without teachers. If a schooling differs from an apprenticeship, which is essentially practical, or from tutoring, which is in principle individual, it is because there is a teacher whose role involves him addressing himself collectively, as it were, to a given number of pupils. It is likewise the existence of a teacher that allows us to distinguish a school, even at the higher level, from the other cultural institutions familiar to the Middle Ages, such as the monastic scriptoria, the ecclesiastical or princely chancelleries or courts, academies, and so on, which tended to depend upon exchange between equals. Yet the fact that the function of teacher plainly existed in all historical periods should not be taken as an excuse for anachronism. The words describing this function have barely changed at all over the centuries, but does the teacher in medieval universities have anything in common with the teacher in present-day universities, as regards either his professional activity or his social profile - the image he receives or himself adopts?

THE

DOCTORATE

The function of teacher is obviously much older than the medieval universities, as the borrowing of the key terms from classical Latin would suggest: magister (master), doctor (doctor), and professor (professor).1 Although these three terms were not employed indiscriminately, they began by having a similar meaning, with the idea of teaching being associated with that of excellence in a given domain. It is this second aspect, in fact, which was most emphasized in the Middle Ages. A master or doctor could teach, but this was not indispensable. When affixed to a name, even when preceding it, the word 1

Regarding all these questions of vocabulary, see O. Weijers, Terminologie des universites au Xllle siecle (Rome, 1987).

144

Teachers simply meant that the holder of it had achieved total mastery of the discipline which he had studied. He was therefore equipped in his turn to teach it, but he was also equipped to fulfil all the other functions for which a recognized intellectual qualification prepared him. In a still broader sense, the general attitude at the end of the Middle Ages was that the title gave its bearer genuine social dignity, giving him access to the world of the privileged, indeed, to that of the nobility. So it was that those masters or doctors who actually taught were generally described as 'regent' masters or doctors, that is, regens or actu regens, a participle which soon became a substantive ('a regent'). This term is still employed at Cambridge. How did one go about acquiring the title of 'master' or 'doctor'? It was already current in the twelfth century, if not earlier.2 At that period, it would seem to have been merely a term in ordinary usage rather than an official title. Someone would call himself master if he ran a school (whether he was appointed or had founded it, upon his own initiative or with the authorization, the 'licence', of an authority, generally the representative of the bishop of the place in question) and, more broadly, the title might be used by anyone who had studied for a sufficient period of time and who had left a school with the more or less formal satisfecit of his own master, which seemed to guarantee the level of excellence achieved by his pupil. In the twelfth century, such magistri began to appear in the cathedral chapters, in the Roman curia, and in certain princely chancelleries, not to mention all those who founded new schools at Paris, Bologna, Montpellier, or Oxford. When the universities first appeared, acquisition of the title of master ceased to be merely a matter of customary practice and involved instead a procedure which the universities claimed as their monopoly and which was meticulously described. Without going into details, it should simply be noted that the tests enabling one to use this title generally consisted of three elements.3 The first stage in the process involved the candidate, with the agreement of his master, who deemed him to have reached a sufficiently high level, presenting himself to the university authorities, the rector, and, above all, the chancellor. The latter, usually attended by a jury of masters, would check that the candidate had fulfilled the required conditions, that is, as regards both his morality and his previous studies. Had he studied for the requisite length of time? Had he, as bachelor, done the prescribed exercises, readings, and dispu2

3

As C. Renardy, among others, has shown in Le Monde des maitres universitaires du diocese de Liege 1140-1350. Recherchessursa composition et ses activites (Paris, 1979), especially 79-144. On procedures pertaining to the licence and the doctorate, see Rashdall, Universities, passim; one can find more detailed information regarding Bologna in M. Bellomo, Saggio sulVuniversitd nelVetd del dirito comune (Catania, 1979), especially 239—63; regarding Paris, in P. Glorieux, 'L'enseignement au Moyen Age. Techniques et methodes en usage a la Faculte de Theologie de Paris, au XHIe siecle', Archives d'histoire doctrinale et litteraire du Moyen Age, 35 (1968), 65-186; regarding Oxford, History of Oxford, passim.

145

Jacques Verger tations? There then followed the actual examination, often termed 'private' or 'rigorous' examination, which was also held in the presence of a jury of masters presided over by the chancellor. It ordinarily consisted of a disputation upheld by the candidate over a particular question, a 'point', which was drawn by lot the previous evening or in the morning. If he passed these first two tests, the candidate was regarded as having 'graduated' (licentiatus) but, paradoxically, this licentia granted by the chancellor, although it may have guaranteed his level of intellectual attainment, in no way entitled him to teach in the university. For this, he had to pass a third test, sometimes called a 'public' examination, which might take place fairly soon after the licentia had been granted. Inceptio or 'inauguration' was, significantly enough, the term used. The public examination which resulted in a person being appointed a 'master' or a 'doctor' did not present any special difficulties, and there was no possibility of failing. It was in fact, a ceremony, which often took place in a church, and which involved prayers, solemn orations, and the bestowing upon the candidate of the emblems proper to a master, namely, biretta, gloves, and book. He would then perform his first magistral act, usually a disputation with students, on a theme of his choice. The meaning of the public examination was perfectly clear. It was simply a display of the competence which the previous examination and granting of the licentia had guaranteed. It was an act of corporate significance, which showed that the graduate was suited to teaching and which marked his solemn entrance into the body of doctors, his recognition and admission by his peers. Even if the chancellor were present at such ceremonies, he would not wield any authority, in the strict sense, over the awarding of masters' degrees and doctorates, for such awards were acts proper to the university, through which it declared one of the crucial aspects of its independence, namely its freedom to recruit whomsoever it wished.4 These, broadly speaking, were the statutory requirements. As far as terminology was concerned, it was customary to talk of a master's degree in the arts and of a doctorate in law; in theology and in medicine, there was more variation in the sorts of title bestowed upon graduates. It is worth adding a few observations regarding the practical side of things. We should bear in mind, first of all, that only a minority of students ever actually graduated. This point is not in dispute, although it is hard to arrive at accurate percentages (save for the universities of the Holy Roman Empire in the fifteenth century, which kept records of matriculation and of examinations). These percentages varied a great deal from one university, faculty, or period to another. Why did so many students not last the full course? Apart 4

A. E. Bernstein, 'Magisterium and License: Corporate Autonomy against Papal Authority in the Medieval University of Paris', Viator, 9 (1978), 291-307.

146

Teachers from the intrinsic difficulty of the studies involved, the time required, and the high cost, one should note the expense of the degree itself. It is reasonable to suppose that universities were more selective where the higher faculties were concerned, although the German arts faculties of the fifteenth century themselves recorded high failure rates, since accounts suggest that only three or four out of ten students were actually awarded their baccalariatus, and one out of ten their master's degree. On the other hand, there were instances of the more adroit or the richer managing, by fraud, corruption, or a special dispensation, to acquire degrees fairly easily. Be this as it may, numerous students, whether they wished it or not, were never in a position to become teachers. But did all the licentiati themselves become masters or doctors? In some faculties, such as arts or theology, the two titles almost always went together and were awarded virtually simultaneously. On the other hand, in medicine, and more especially, in law, they would seem in the fourteenth and fifteenth centuries to have been wholly separate. Many licentiati did not petition for the doctorate, because this title was far more costly than an ordinary degree and, although it bestowed considerable prestige upon the holder, gave him no further intellectual competence and was only indispensable for those who, since they wished to teach, had to affiliate to the college of doctors.5 Finally, did all those who were awarded the highest title, whether a master's degree or a doctorate, teach? Originally, and especially in the great arts faculties, in Paris or in Oxford, the statutes made this compulsory. Every new master had to serve for two years, as an 'obligatory' (necessarius) regent. The advantage of this ruling was that it guaranteed that the teaching staff was renewed at regular intervals, but it did not necessarily satisfy those involved, since this obligatory regency could delay their professional advancement, nor did it please the masters who already held positions, since it was plainly in their interests to limit the number of schools and of chairs. For these reasons, the ruling was gradually set aside and, with the reform of 1452, it disappeared from the statutes of the University of Paris. If all the masters or doctors did not teach, by whom were the teachers chosen? There were, generally speaking, two solutions to this problem. Firstly, co-option by the masters who already held positions, through the faculty assemblies (as in Paris), the 'general congregations' of the masters of the university (as in Oxford), or the college of doctors (as at Avignon); and, secondly, a contract drawn up between the candidate and either the university itself or an external authority (a town or a prince) which served as the university's protector. Generally annual and renewable, this contract speci5

J. Verger, 'Le cout des grades: droits et frais d'examen dans les universities du Midi de la France a la fin du Moyen Age', in A. L. Gabriel (ed.), The Economic and Material Frame of the Mediaeval University (Notre Dame, 1977), 19-36.

147

Jacques Verger fied very precisely both the teacher's duties and his remuneration.6 The heartland of the contractual system was, to start with, Italy (Bologna, Padua), but it was then imitiated by those countries which followed, to a greater or lesser degree, the 'Bologna model', such as southern France or Spain. In thirteenthcentury Bologna and Padua, it was the student universities which 'elected' the teachers and sealed a contract with them. From the fourteenth century, the appearance of teachers' salaries paid by the communes meant that the task of choosing teachers and negotiations regarding their contracts more and more became the responsibility of city magistrates, whose speciality, as reformatores or tractatores studii, this would be, although this did not rule out preliminary agreements with the university. At Coimbra, it was the king who appointed teachers, while at Salamanca, on the other hand, their appointment continued to be, for the whole of the Middle Ages, the prerogative of the student rector and his councillors. TEACHERS

CAREERS

The body of teachers in a medieval university was not homogeneous. If we set aside for a moment the mere baccalarii and licentiati (who were responsible, in fact, for a very significant part of the teaching), it should first be noted that, in the theology faculties, many teachers belonged to a religious order (mendicants, Cistercians). They taught in their monasteries and were subject to regulations regarding mobility, which were fixed by the general chapters of their orders, so that they only played a small part in the life and running of the universities and had quite specific careers. Yet the secular teachers were very various also. The main phenomenon, observable almost everywhere in Europe, but with a different term being applied in each case, was the gradual emergence of a group of genuinely professional regents.7 They were often called 'ordinary', as opposed to 'extraordinary' teachers, the latter being a vaguer category. The distinction was, first of all, a pedagogic one. For, in each discipline, there were the 'ordinary' texts, the most important ones, which were studied 'ordinarily' (ordinarie), i.e. more deeply, and the 'extraordinary' texts, which were not so fundamental and were often read in an 'extraordinary' or 'cursory' manner. The extraordinary readings were as a whole entrusted to the bachelors, but doctors could deliver them too. Given these circumstances, it was common enough to distinguish the ordinary regents, who claimed the 6

7

At Bologna, these teaching obligations were strictly defined by the taxatio punctorum, that is, the precise calendar that the teacher had to observe, in order to study one after the other, without any omissions, all the puncta into which the texts of the Corpus had been divided (see Bellomo, Saggio (note 3), 205-8). As far as France is concerned, see J. Verger, 'Les professeurs des universites francaises a la fin du Moyen Age', in J. Le Goff and B. Kopeczi (eds.), Intellectuels franqais, intellectuels hongrois, XIHe-XXe siecles (Budapest/Paris, 1985), 2.3-39.

148

Teachers right to give the ordinary readings, at the 'doctoral hour' or 'magistral hour' (first thing in the morning), from the extraordinary doctors, who were confined to the extraordinary readings, which generally took place in the afternoon, involved texts considered to be less important, and sometimes did not even feature on the examination syllabus. But it was not only for pedagogic reasons that the ordinary doctors played a more important role. Financial and institutional considerations were also involved. These teachers tended, as we shall see, to earn the most. They claimed the right to exercise full authority over the students, believing that they alone were entitled to issue testimonials respecting their academic achievements and to sit on the board of examiners, since they were, as ordinary regents, the only ones fully in charge of the schools of the university. At Bologna, this exercise of authority was the main function of the 'colleges of doctors' of the various faculties. Being subject to a numerus clausus (sixteen in civil law, twelve in canon law, etc.), these colleges, which were co-opted, did not include all the regents but merely a select number of them. This elite, since it supervised the awarding of degrees and a large part of the relevant revenues, represented a genuine counter-weight to the power of the student universities.8 This system was especially useful in those cases where the students participated to a greater or lesser degree in the running of the universities. But the ordinary regents were just as concerned to restrict their own numbers in the 'masters' universities'. This tendency was virtually as old as the universities themselves. In 1207, for example, Pope Innocent III had proposed restricting to eight the number of theology schools in Paris. Thus, there arose the notion of a university chair, in the sense of a secure teaching post, usually provided with a specific endowment, and sometimes tied to the teaching of a particular subject. However, chairs in the strict sense were rare in the medieval universities. Five were created in Bologna, alongside the traditional salaried regencies, in 1317.9 Elsewhere, there were a few examples in the fifteenth century. On the other hand, one has the impression that almost everywhere the number of ordinary regents tended to be fixed at a low and stable number. This fixing of the number of ordinary teachers not only helped guarantee their incomes and their authority but also made it easier to reject undesirable candidates, especially the doctors from other universities10 or, as was the case in Bologna, foreigners to the town, often in favour of the sons or nephews of the masters already in employment. Yet the ordinary regents never enjoyed complete control over the university. Setting aside the power of the students in universities like Bologna, there 8

9 10

A. Sorbelli (ed.), // 'Liber secretus iuris caesarei' dell'Universita di Bologna^ vol. 1,1378-1420, con una introduzione suWorigine dei collegi dei dottori (Bologna, 1938), ix-lxxvi. Bellomo, Saggio (note 3), 211-15. The large universities were especially concerned to keep out doctors from other universities, in spite of the fact that degrees were supposed to be universally valid. Small and new universities, on the other hand, sought to attract the doctors from prestigious universities.

149

Jacques Verger remains the fact that those here designated extraordinary doctors, and, more generally, all the non-regent masters and doctors present in the university or in the university town (mainly masters of arts studying in a higher faculty) had generally won, sometimes after intense struggle, the right to participate more or less fully in the decision-making bodies of the university - and hence in the profits that might flow from them. This included the various assemblies and councils, the boards of examiners, and sometimes even the university offices. This challenge to the dominance of the ordinary regents was certainly accompanied by a critique, at least an implicit one, of their teaching, which was often marked by absenteeism and routine. Developments such as those described above were especially evident in the faculties of law and medicine in southern Europe. There, teachers in such faculties were, at an early date, laymen and married; their family responsibilities made continuity in their careers a matter of particular importance. They often remained teachers all their lives, even if they had to move several times (depending upon the contracts which they were offered in the various universities). Those priests and monks who taught canon law or theology had more openings available to them, in that, after a few years as regent, they could opt for a strictly ecclesiastical career. From the thirteenth to the fifteenth century, many bishops, and even some cardinals and popes, were former teachers. In the thirteenth century, over 33 per cent of the recorded Parisian masters of theology became bishops, abbots, general ministers, or cardinals. In the fifteenth century, thirty-six of the seventy-nine English bishops (46 per cent) had taught at Oxford or at Cambridge.11 In the arts faculties, although there were a few 'professional' regents who taught grammar and logic, a large number of them, especially at Paris and Oxford, continued to be young masters, who completed their obligatory regency or, at any rate, only devoted a few years to this teaching, often going on to take up their studies in a higher faculty. The late Middle Ages saw the emergence, especially in the arts, of a new type of regent, with a more stable position but with less dignity than the ordinary regent of the higher faculties. This was the college regent, who was most often to be found in universities with numerous colleges, such as Paris, Oxford, and Cambridge. Although they had first been conceived as lodgings for poor students, these colleges had gradually come to be entrusted with more and more teaching. This was also the case with more modest institutions, such as 'pedagogies' or 'halls'. These had begun by being no more than private lessons but, in the course of time, such forms of teaching were transformed, especially in the larger colleges, into complete exercises, which were 11

R. Avi-Yonah, 'Career Trends of Parisian Masters of Theology, 1200-1320', History of Universities^ 6 (1986—7), 47-64; J. T. Rosenthal, 'The Training of an Elite Group. English Bishops in the Fifteenth Century', Transactions of the American Philosophical Society, new series, 60:5 (1970), 5-54. 150

Teachers open not only to the bursars but also to an external audience, so that they were in direct competition with the faculties' lectures. The development of such activities led these colleges to recruit a body of salaried regents of their own. The colleges of the Sorbonne and Navarre at Paris and Magdalen College at Oxford (founded in 1448) were the first to develop such forms of instruction on a large scale. PAYMENT OF TEACHERS

The form and scale of payment of the teachers was as various as their careers. In the 'private schools' of the twelfth century, both in Paris and in Bologna, the teachers lived off fees paid by pupils, which were very probably fixed on either an individual or a collective basis, by agreement, before the lectures began. But the church was not too favourably disposed towards this system, being of the view that 'science was a gift from God, which could not be sold'. The traditional cathedral schools therefore offered teaching that was, at least in theory, free, with masters generally being maintained by the granting of a prebend (canon 18 of the third Lateran Council, 1179). The problem continued to arise in the universities. The teachers who were clerics often had ecclesiastical benefices, since the papacy favoured this solution to the problem and therefore granted them very freely and, with them, dispensations from being resident in these benefices, so that they might have the income and teach at the same time. Yet such incomes were not always adequate. In addition, many, especially among the younger masters of arts, were not granted benefices. This was also the case with lay teachers of law and medicine in the southern universities. The regents were therefore still fairly assiduous about collecting the money paid by the students, the collecta. The students were not always too happy about paying, and the collecta, which anyway varied from faculty to faculty, never amounted to very much. From the end of the thirteenth century, students also had to pay higher and higher fees when taking their examinations. Teachers fought bitterly over access to the better benefices, and to the collection of the examination fees and the collectae, which shows just how crucial these funds were for the regents' livelihood. A theoretical debate served to justify these practices, with references to Aristotle, the Bible, and Roman law enabling jurists and theologians to admit both that knowledge, being a gift from God, could not be valued in terms of money, and that the labour of a teacher (especially if he had no other resources to call upon) deserved some recompense, it being understood that such recompense should not be taken from the poorer students.12 There was a third, and less hazardous, solution, namely the payment of a 12

G. Post, K. Giocarinis, and R. Kay, 'The Medieval Heritage of a Humanistic Ideal: "Scientia donum Dei est, unde vendi non potest" ', Traditio, 11 (1955), 195-234.

Jacques Verger salary (which anyway did not rule out the levying of collectae or of examination fees). Recourse was had to this measure from very early on, when new universities were founded, so as to guarantee a livelihood to those teachers they wished to attract. This happened at Naples (1224), Vercelli (1228), and Toulouse (1229). In Italy it became the custom to pay teachers a salary, and the first instances at Bologna date from 1280 and 1289; by 1381, there were twenty-three doctors of law whose wages were paid by the commune. Indeed, the latter managed, by this means, to extend greater control over the recruitment of teachers. The other Italian universities followed suit. A number (Perugia, Florence, Pavia) offered high salaries at the time of foundation, in order to try to attract famous teachers from Bologna or Padua. In the Iberian peninsula, too, salaries became usual; the kings of Castile and Portugal instituted them for the regents in the universities they founded at Salamanca, Valladolid, and Coimbra. The church covered the costs of this operation, since these salaries were based upon parts of the tithes and various other ecclesiastical revenues which these kings reserved for themselves.13 On the other hand, in those universities which were founded in Aragon in the fourteenth century, such as Lerida and Huesca, the towns took responsibility for salaries. In France, there were hardly any salaried teachers before the end of the Middle Ages (1479-93 at Avignon), if one excepts a number of new foundations, which enjoyed varying degrees of success (Orange in 1365, Poitiers in 1431) and which the towns tried to maintain.14 At Oxford, it is worth mentioning the ephemeral chairs of philosophy, founded in 1437 by the duke of Gloucester, and, later, a chair of theology (1497). But one should bear in mind that, both in Paris and in Oxford, the college regents were paid by the college which employed them as holders of fellowships. Finally, in the Empire, the founders and benefactors of universities created in the fourteenth and fifteenth centuries, whether by princes, towns, or private persons, provided a livelihood for the regents from the beginning. However, the solution of paying an annual salary, which was adopted at Louvain, for example, was something of a burden for the public finances. Universities therefore usually preferred to have recourse to perpetual foundations, while reserving for the masters, and for the masters of arts in particular, who were the most numerous and the most needy, prebends within the local chapters (from 1443, twenty-nine prebends at Louvain were reserved for the university, which considerably lightened the burden of wages shouldered by the town) 15 13

14

15

A. Barcala Munoz, 'Las Universidades espariolas durante la Edad media', Anuario de estudios medievales, 15 (1985), 83-126. For Orange: F. Gasparri, La Principaute d'Orange au Moyen Age (fin XIHe-XVe siecle) (Paris, 1985), 235-9. F° r Poitiers: R. Favreau, La Ville de Poitiers a la fin du Moyen Age. Une capitate regionale, vol. II (Poitiers, 1978), 380-4. J. Paquet, Salaires et prebendes des professeurs de Vuniversite de Louvain au XVe siecle (Leopoldville, 1958).

Teachers or places in the colleges (as was the case in Vienna, Heidelberg, Leipzig, Rostock, Greifswald, and so on), a system which was also to be adopted in Scotland (St Andrews, Glasgow). Whatever the precise mode of payment in each university, there would seem to have been serious discrepancies. In general, those who taught in higher faculties seem to have had incomes that were patently larger (benefices, fees, examination fees, and salaries) than the regents of arts. But many other factors were involved, including the number of students and the wealth of the prince or of the town (which obviously varied greatly, as did the personal reputations of the teachers). At Pavia, for example, between 1387 and 1499, the number of salaried teachers ranged from nine to about seventy, depending upon the state of the duke of Milan's finances, whereas there were eventually huge discrepancies (in the ratio of 1 to 50) between the spectacular sums paid to a number of famous jurists and the miserable salaries, about as much as those paid to unskilled workers, paid to masters of grammar or of logic, who accounted for approximately half of the university's teaching staff.16 Elsewhere, the discrepancies were not so great, but were nevertheless significant (in the ratio of 1 to 9 at Coimbra, according to a statute of 1323). An exhaustive description would have to include some account of income earned by regents which derived from non-university sources. They might, for instance, have acquired, either through birth, marriage, or work, a personal fortune which guaranteed them an income. They might, on the other hand, have students lodge in their houses. Finally, they could, alongside their teaching, give legal or medical consultations, which were usually very costly. To sum up, there were at least two kinds of teaching career possible in the medieval universities, with obviously a whole series of intermediate options. On the one hand, there were those young regents who only taught for a few years, generally beginning immediately after they had been promoted. They usually hoped to pursue an ecclesiastical or civil career outside the university. This does not imply that, after leaving, they ceased to be interested in their alma mater, for the oaths sworn at the time of their graduation, and when they took their examinations, bound them irrevocably to it. They would therefore sit at times on its councils, as non-regent doctors, and they might return to teach. Nor should their decision to leave after a few years be taken to mean that they were mediocre teachers. Indeed, being close to their own students in age, still unconfined by routine, they would seem in fact to have enjoyed real success. Less concerned with their own personal interests, they undoubtedly remained more sensitive to the collective aspects of the university as an institution, to the specific religious or political role that it could play. Those whom we have called ordinary regents, and who were undoubtedly 16

D. Zanetti, 'A l'universite de Pavie au XVe siecle: les salaires des professeurs', Annales ESC, 17 (1962), 421-33.

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Jacques Verger in the majority by the end of the Middle Ages, especially in the new universities, had quite different careers. Although it was rare for them to abandon all hope of a promotion outside the university, they tended to pass long years, or even the whole of their lives, in such places. Thus, of the sixteen professors of law at Orleans between 1378 and 1429 whose names are known to us, thirteen at least had taught for between twenty and forty years.17 For such men, the university was not only a place for exchanges on the intellectual and the human plane; it also provided a frame for the whole of their lives, guaranteeing both their incomes and their social position. Less prone to engage in daring collective initiatives or to take radical decisions, they were prepared to sacrifice neither their personal or familial interests nor the image which they constructed of themselves, that of men of authority and experience or, if you like, that of notables. Both the modest regent of a college and the prestigious 'doctor in both the laws' sought to serve the university and to profit from it. The advent of the ordinary regents obviously reduced teachers' geographical mobility. Admittedly, those who had graduated from the largest universities always managed to find themselves a good post. Thus, in the fourteenth and fifteenth centuries, doctors from Bologna and Padua were to be found in all the new Italian universities, which wrangled long and hard over such valuable catches. The masters or arts or of theology from the University of Paris were welcomed in southern France or, after 1378, in the Holy Roman Empire. If one adopts the larger view, however, it is fair to say that recruitment of teachers at the end of the Middle Ages tended to become more and more local. Were such teachers necessarily mediocre and hidebound? A proper answer to this question demands that one first examines the concrete conditions governing their teaching. TEACHING AS A PROFESSION

University statutes gave details of the teacher's teaching obligations. They varied from university to university, and from faculty to faculty, but were generally fairly constraining. In the end, they turned teaching into a full-time activity, a genuine profession. Rather than consider the formal and real content or teaching methods of the various disciplines (which are examined in a number of other chapters in this book), it is best to try to gauge just how onerous a teacher's duties might have been. A regent's primary obligation was to 'read', that is, to deliver his magistral lectures on texts specified by the syllabus. These lectures were given in the morning and lasted one and a half to two hours. The regents had to read on every day upon which work was permitted {dies legibiles) but, in practice, if 17

Universites en France, 101.

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Teachers one set aside Sundays and religious festivals, days reserved for solemn disputations and examinations and summer holidays, there were barely more than between 130 and 150 dies legibiles a year. Some masters gave a second lecture in the afternoon, but the 'extraordinary', more specialized or optional lectures, which took place at the end of the morning or in the afternoon, were usually given by extraordinary regents or by bachelors. The doctors also had to arrange the disputations, generally in the afternoon, a duty which involved choosing the themes, presiding over them, and bringing them to a conclusion, through their own presentation, in the days that followed, of the 'determination' of the questions disputed. There was considerable variety in the number of disputations that were held. A great theologian such as Thomas Aquinas gave an average of two a week,18 but in other contexts, especially in the law faculties, the rule was to have no more than one disputation per week. This stipulation helped to ensure that the ordinary teaching routine was not too much disturbed, for all the bachelors had to attend every disputation and therefore postpone their own lectures. Although circumstances varied with the size of the teaching staff, each master tended not to have personal responsibility for more than one disputation per month, per term, or per year (as was the case in Bologna). To lecture and dispute, a teacher had to have copies of the essential books in his own library. In addition, he would have to devote a certain amount of time to preparation, even if he gave the same course year after year, for the statutes forbade, at any rate in theory, the dictation of a course that had been wholly written out in advance. The best teachers would also probably after the event, draft a version of their commentaries and entrust such texts to a stationer, who would circulate them among the students and the copyists. University life entailed many obligations other than those that were strictly pedagogic. There were, for instance, religious ceremonies, both regular and occasional, examination boards, and the assemblies and councils of the university, the faculties, the doctors' colleges, etc. Teachers might have occasion to hold one or another of the many elective offices that the administration of the university required, namely rector, proctor, taxator (of the rents and prices in the university town), receptor and dean; even in the student universities of the Bologna type, there were the officers of the doctors' colleges (the priors). The mandates were generally short (a year at the maximum) but could subsequently be held again from time to time especially by the ordinary regents. During their period of office the university's officers had to be continuously present: they had to keep accounts and archives, resolve a thousand and one problems on a daily basis, and represent the university in all circumstances. Such offices, on the other hand, conferred authority and prestige. In Paris, the rector of the university marched at the head of official processions, 18

Glorieux, 'Enseignement au Moyen Age' (note 3), 127.

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Jacques Verger next to the bishop. Finally, teachers were often summoned, as representatives of the university, to go on embassies (to the king or the pope) or to participate in commissions (for the purpose of examining a suspect book or of visiting a college). These obligations were not the same for all. For jurists and doctors in medicine, it was the readings that were fundamental; the masters of arts, since they were addressing themselves to younger pupils, combined lectures with repetitions. On the other hand, the masters of theology very probably tended to accord more importance to disputations than to readings, a good proportion of which - indeed, virtually all of them - they handed over to the bachelors, the sententiarii and the biblici, whose task it was to give the students, regarding the two basic texts, Peter Lombard's Sentences and the Holy Scriptures, the basic knowledge required to tackle the great scholastic debates on the 'disputed questions'. As far as administrative duties were concerned, it is probable that particular men, either older or more influential within the university, were especially responsible for them. By no means all teachers were equally zealous in the prosecution of their duties. Seriousness was a matter of personal capacity and temperament, and it would be quite mistaken to suppose that, even in the eyes of contemporaries, all ordinary regents were serious. The insistence of the university statutes and the penalties stipulated, especially at Bologna, where a number of students made it their business to watch over and denounce unsatisfactory teachers,19 go to show, by their very frequency, that teachers almost everywhere 'read' only a part of their programme, dictated their courses, awarded degrees to unworthy candidates, absented themselves, and drafted in mere bachelors or licentiati in their place, ploys that the university regulations, it being impossible to prohibit them strove to limit, for example, to one month a year. By 1317, Pope John XXII had begun to grow anxious: 'A number of regents [in law], who should have been devoting themselves to their lectures, are involving themselves in trials, pleadings, and other external activities.'20 This absenteeism seems to have grown worse at the end of the Middle Ages, as so many teachers' biographies suggest (being famous, they were perhaps not representative). Periods spent in the service of a prince or the church, and extended visits to the Councils of Constance or of Basle kept many masters away from their chairs for months, sometimes years, disrupting the teaching schedule and leaving the way open for a whole number of different abuses (courses of study being curtailed and examinations a mere formality). If we consider the case of a doctor who fulfilled his teaching obligations in accord with the statutes of his university, we may ask what the conditions were, practically speaking, under which he worked. 19

Bellomo, Saggio (note 3), 208.

20

CUP, vol. II, 200-1, no. 741.

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Teachers THE TEACHER IN HIS SCHOOL

A teacher's basic context was his school or schola. Materially, it consisted, first of all, of a room, whose features are familiar to us from the copious, though somewhat stereotyped, iconographic sources of the period. It had a magistral chair, students' benches, sometimes supplied with desks upon which books might be placed (often for the following of the master's lesson, usually without writing in them), a few cupboards along the walls, and the floor strewn with straw in winter. These rooms were generally hired by the regents, at their own expense. It was only belatedly that the universities themselves owned their own buildings, the University of Paris at the end of the fourteenth century, and those of Oxford, Cambridge, Coimbra, Salamanca, Avignon, Poitiers, etc. in the 1430s. In the universities of the empire and of eastern Europe, such as Prague, Leipzig, and of Cracow, lecture courses were often held in the colleges. But schools also had a human and pedagogic dimension. They were sometimes likened, at any rate in the early days, to a 'society' (societas) consisting of the master and his pupils. What did this mean? A student arriving at a university had to appear before the university authorities, but the crucial act, by which he became a genuine member of the university, was his registration as a member of a school, 'under' a given master. He would often have a few days in which to make up his mind. What were the criteria? One could apply to a compatriot or else opt for the most famous school. At any rate, as the first statutes of the University of Paris put it (1215), there could be 'no student without a master'. All medieval universities were in face obsessed by the struggle against the 'wandering', uncontrolled student, who went from one master to another. The master was supposed to keep a register of those students who matriculated with him (if only in order to claim the collecta from them). He was responsible, to a certain extent, for their conduct, although the jurisdiction which the masters had originally held over their pupils would seem to have given way to that exercised by university officers (rector, chancellor). His main responsibility was to assure that they made good progress in their studies. It was he who decided (and the statutes often gave him some leeway here) when the student, having been for several years a virtually silent listener to lectures and disputations, could accede to the 'determination' or to the baccalariatus, which would one day entitle him to play a more active role, that of a kind of assistant. These assistants would provide answers in the disputations and deliver some of the extraordinary lectures, which knocked the rough edges off the novice students and prepared them for following the course of magistral lectures. The masters would also, at the appropriate moment, 'present' their 'formed' bachelor [baccalarius formatus) for the licentia and 'doctorate' examinations. 157

Jacques Verger One can readily understand how very strong personal ties, of both an intellectual and an affective nature, could well have bound a master to his students (even if freshmen were sometimes a little disorientated at first by the lack of immediate constraints), especially if one bears in mind the duration of a course of studies, the onerous nature of the timetables, and the importance of oral examinations. A teacher's former pupils, particularly if he had subsequently been promoted to high office, were fond of talking of 'my master' {dominus meus) and of calling upon the good graces of him who had once formed and protected them. This is of course a somewhat idealized picture. In practice, things might well pass less smoothly, with students proving critical of their master, judging him to have a difficult character, to be incompetent, or, conversely, to be the kind of person to indulge in vain subleties. It is rare for such protests to leave any trace,21 but one can guess what the practical consequences might have been. Some students would switch schools in the hope of finding a more erudite master somewhere else or, conversely, a more accommodating one. Many students hesitated before taking so drastic a step but tended rather, in various ways, to display a manifest lack of enthusiasm for the official pedagogic formulae (as did a number of their masters), and on an ever-increasing scale in the fourteenth and fifteenth centuries. Students were never shut up in their schools, with no contact with the outside world. Whenever a disputation was held, all the bachelors of a given faculty would meet in turn in each of the schools. Examinations were also held in the presence of juries upon which sat all or a part of the masters of the faculty. A master was therefore not free to do what he wished in his school, especially since the statutes bound him to particular syllabuses, timetables, and methods. Nevertheless, the traditional forms of instruction seemed onerous and inappropriate to some. This is why many bachelors, especially in theology, tended to break free and to give a deeper and more personal form of teaching, especially in their reading of the Sentences. It also accounts for the sometimes bewildering proliferation of 'extraordinary' or optional exercises and courses, sometimes given privately or during the vacations, by licentiati or by bachelors, the success of which would seem to be explained by their more practical or more modern character (this was often how humanism, for example, found its way into the universities). The proportion of these 'informal' teachings, only vaguely defined or even opposed in the official statutes, was certainly rising, especially where the most inquisitive and demanding students were concerned. Even if it is scarcely 21

J. Leclercq, 'Lo sviluppo dell'atteggiamento critico degli allievi verso i maestri dal X al XIII secolo', in Universita e societd, which draws mainly, as regards the thirteenth century, upon some Parisian quodlibeta; these disputes may very well have served as an outlet for such a struggle.

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Teachers possible for us to gauge their exact importance and their real efficacy, they plainly represent a new intellectual orientation. This same tendency may be held to account for the development of teaching within the colleges, where a new system for the allocation of pupils was emerging (with age being the criterion that determined their place in a particular class, each one of which had its own regent). In a somewhat analogous manner, the fifteenth century saw the masters of arts in a number of universities in Germany (Leipzig) and Scotland sharing out, through a system of yearly rotation, the various books on the syllabus, with the students passing from one teacher to the other. So it was that the restrictive framework of the school, in which year after year the students used to follow the same courses given by the same teacher, gradually gave way to more flexible and more progressive systems. One would be better placed to understand the position of a medieval professor with regard to his students if one knew just how many of the latter there were. Obviously, numbers varied with the importance of the university, the size of the teaching staff, and the particular circumstances of the time. At Paris, where the number of regents was always high, the schools would probably have had on average, in the fifteenth century, only ten to twenty pupils, and still fewer in medicine.22 But numbers of pupils tended in general to increase. In the big colleges, one would generally expect to find twenty to thirty pupils per regent.23 Some famous jurists claimed that their reading drew dozens, if not hundreds, of listeners and, in those universities in which a small group of ordinary regents had managed to win a monopoly, they could count on having a substantial audience, which might perhaps vary from one school to another depending upon the reputation of the master.24 RELATIONS BETWEEN COLLEAGUES

If the relations between the master and his pupils, which were of a largely oral nature, often elude us, those of a master with his colleagues are somewhat better known. The documentation tells us for the most part of situations of tension and conflict. There were conflicts between immediate colleagues, involving accusations of the theft of their respective students (together with the associated profits, the collectae and the examination fees). There were conflicts between the masters of the various faculties. At Paris, 22

23

24

I h a v e used here t h e estimates given by J. Favier for t h e n u m b e r s of s t u d e n t s of the University of Paris b e t w e e n 1400 a n d 1450, in Paris au XVe siecle. 1380-1500 (Paris, 1974), 69—72. In t h e College d e N a v a r r e (Paris), there were three masters for, respectively, t w e n t y pupils in g r a m m a r , thirty in logic, a n d twenty in theology; the colleges of the faculty of arts at Greifswald anticipated having ten regents and 340 students (Rashdall, Universities, vol. I, 511; vol. II, 2.72). O n e could give any n u m b e r of other examples. At Avignon, in the fifteenth century, four ordinary regents in law were jointly responsible for, on average, 200 to 300 students (J. Verger, 'Le role social de l'universite d ' A v i g n o n au XVe siecle', Bibliotheque d'Humanisme et Renaissance, 33 (1971), 489-504).

159

Jacques Verger for example, the members of the arts faculties used to complain of the surveillance exercised by the theologians over their teaching, and in other places the arrogance of the doctors of law was denounced. There were conflicts between masters of different statuses, the most famous being those which placed lay teachers and mendicants in opposed camps, as at Paris (especially in 1250-39 and 1387-1403), at Oxford (1303-20), and at Cambridge (1303-6). Conflicts of this latter kind were partly concerned with matters of doctrine but the immediate causes were exclusively to do with questions of corporate identity. Thus, the secular teachers, whether masters of arts or theologians, having allowed the mendicant studia the same status as their theology schools, charged the friars with exploiting their presence in the university (in order to recruit new brothers or to win university degrees) without, at the same time, submitting to the rules of the university community. They refused, for example, to have anything to do with strikes in defence of the university's freedoms, they founded new chairs without being authorized to do so, or they disdained preliminary training in the arts faculty, on the grounds that they had their own network of preparatory studia. These conflicts culminated in various kinds of compromise, none of which ever posed any threat to the dominant place that the mendicants had won in the teaching of theology.25 Finally, there were conflicts between masters of different origins, as at Prague, where a feud between Czech and German masters only ended when the latter were expelled, in 1409.26 These strictly professional conflicts were compounded by intellectual clashes also. In almost all the theology faculties of the northern half of Europe, the fourteenth and fifteenth centuries saw a confrontation between the 'ancients' (Thomists, Scotists) and the 'moderns' ('nominalists'), with its parade of invective, condemnation, and exclusion. A number of German universities (Heidelberg, Freiburg, Ingolstadt, and Tubingen) withdrew from this by establishing two separate paths (the via antiqua and the via moderna), so that masters and students could opt for one or the other according to choice. Finally, the universities were not immune to political divisions either. These were especially severe at Paris, where, at different periods, the supporters of Philip the Fair and those of Pope Boniface VIII, those of the pope and those of the Council at the time of the Great Schism, and those of the Armagnacs and those of the Bourguignons at the end of the Hundred Years War 25

26

For information regarding the conflicts between secular masters and mendicants, one should consult, as far as Paris is concerned, M.-M. Dufeil, Guillaume de Saint-Amour et la polemique universitaire parisienne, 1250—1159 (Paris, 1972); for Oxford: History of Oxford, 205-8; for Cambridge: A. G. Little, 'The Friars versus the University of Cambridge', English Historical Review, 50 (1935), 686—96. F. Smahel, 'The Kuttenberg Decree and the Withdrawal of the German Schools from Prague in 1409: a Discussion', History of Universities, 4 (1984), 153-66.

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Teachers struggled with one another. Sometimes this could lead to the exclusion of one party or another. One should not conclude that members of universities lived in an atmosphere of underhand jealousies or of open quarrels. The great debates mentioned above mainly affected the arts and theology faculties of Paris and Oxford. Elsewhere, in the faculties of law and of medicine and in the smaller universities founded at the end of the Middle Ages, tensions seem to have been far less severe and the inevitable conflicts were quickly settled. Moreover, such quarrels were always counterbalanced by bonds linking the masters to each other, old ties of comradeship formed in student days, a shared awareness of the need to safeguard the independence of the university community by ensuring that it remained on an even keel, and the need to make a show of solidarity against outside threats. This collective feeling had undoubtedly grown weaker by the end of the Middle Ages, especially as a result of pressure from the state,27 but the relations between teachers did not necessarily deteriorate as a consequence. It was simply that the age old solidarity of the first masters, mindful of the need to struggle for the emancipation of the studium, was replaced by a sociability of notables, the conformism of professional regents concerned to defend their common interests. KNOWLEDGE AND AUTHORITY! THE TEACHER'S IMAGE

Finally, if we are to understand the medieval teacher, we need to consider his sense of his own identity and the image that he wished to project of himself. It is not easy to discern just what this image was, for medieval university teachers did not leave any autobiographical works. When teachers speak of their function, it is in glosses, scholarly tracts, and official texts (inaugural lectures {proemia) and harangues), and such sources only give us idealized portraits. Similarly, university statutes merely describe the norm. As for literature which was not directly connected to teaching, such as pedagogical treatises like the De disciplina scolarium or the various De modo studendi, the texts of moralists ('mirrors' or confessors' manuals), and sermons,28 these might contain numerous allusions to masters and scholars, to their virtues and vices, but they were often pitched at so general a level that it would be difficult to relate them to the concrete realities of the time. However, a number of themes in these texts serve to define the ideal that medieval teachers (allowing for variations with respect to discipline, country, and period concerned) sought to realize.29 27 28

29

J. Verger, 'Universite et c o m m u n a u t e a u M o y e n A g e ' , CRE-Information, 62 (1983), 2 1 - 4 4 . P. Riche, 'Sources pedagogiques et traites d'education [au Moyen Age]', in 'Les entrees dans la vie. Initiations et apprentissages', Annales de I'Est, 34 (special issue) (1982), 15-29. In particular, Post, Giocarinis, and Kay, 'Medieval Heritage' (note 12); J. Leclercq, 'L'ideal du theologien au Moyen Age. Textes inedits', Revue des sciences religieuses, 21 (1947), 121-48; G. Le Bras, ' "Velut splendor firmamenti": le docteur dans le droit de l'Eglise medievale', in

Jacques Verger The crucial idea was that the teacher was a man of authority. The title of master or of doctor, guaranteed by his peers and by the church, was not merely a professional qualification to teach or a corporate rank. It defined a status, a dignity, and an order. It gave its holder access to a lofty social position which, naturally enough, many university members, especially if they were jurists, compared to that of the nobility. Like a noble, a doctor was 'illustrious'; in a city, he would be numbered among the 'greats' (majores). He had greater authority and power than did an ordinary knight, or so Simon of Borsano, a Bolognese doctor of the fourteenth century, claimed; he had, therefore, to be granted precedence, to enjoy privileges and immunities consonant with his dignity.30 This conception was not everywhere accepted, however. Theologians and moralists stressed the temptation of pride and reminded their audiences of the precept of the Gospel: 'But be not ye called Rabbi: for one is your Master . . . ' (Matthew 23.8). The ancient conception had generally involved counterposing the wisdom of the cleric to the violence of the knight but, in the society of orders which was consolidated at the end of the Middle Ages, each had to stick to his own place, and from then on the doctors seemed greedy to be assimilated into the ruling elites. The authority which the masters and doctors assumed had two main aspects. First of all, it was intellectual. A doctor was a scholar, endowed with a science that was at once perfect and finished. His authority found its justification in the dignity of the knowledge he possessed. For the masters were also hired, on the whole with success, to sing the praises of their discipline, to defend scholastic theology against the attacks of the mystics, justifying their recourse to the liberal arts notwithstanding their pagan origins, just as the church fathers had done, exonerating law (which was a divine science, a res sanctissima, as Placentinus had declared as early as 1186) and medicine from the charge of being somewhat lucrative or mechanical affairs. Was a doctor's science given, once and for all? Admittedly, people in the Middle Ages were ignorant of the modern notion of scientific progress. Nevertheless, many texts emphasized that a doctor should be zealous in his work and assiduous in his teaching. He should make progress or, at any rate, seek to make his formulations approximate ever more closely to the truth. It is in these terms that he would deserve not only glory, the respect of his contemporaries, and the admiration and the gratitude of his pupils, but also the salary he asked of them. Yet a true doctor was also supposed to be humble. He was meant to be humble before God, the source of all knowledge, and before the providential

30

Melanges offerts a Etienne Gilson (Toronto/Paris, 1959), 373-88; A. L. Gabriel, 'The Ideal Master of the Mediaeval University', Catholic Historical Review, 60 (1974), 1-40. D. Maffei, 'Dottori e studenti nel pensiero di Simone da Borsano', Studia Gratiana, 15 (1972), 230-47. 162

Teachers order of the creation, which the hierarchical arrangement of disciplines merely reproduced. He was therefore warned not to stray from his own domain, a warning which was especially aimed at the philosophers in the arts faculties, who were tempted to free themselves from the control of theology or, indeed, to invade its domain. This warning was to prove all the more necessary once certain regents of arts, especially at the time of the great 'Averroist' crisis in Paris in the 1270s, had openly criticized this conception. 'Is humility a virtue? No', Siger of Brabant had written. Through his knowledge, a teacher - or a 'philosopher', as the members of arts faculties termed him - attained to 'all the goods accessible to man', 'the best of all possible conditions'. In a world subject to the astral determinisms of Aristotelian cosmology, the sole wisdom was that of the philosopher, and the sole freedom was that offered by knowledge. Propositions such as these, in the formulations that were condemned in 1277, have a provocative aspect; they may, however, have served to express a new aspiration to a kind of 'laicization' of knowledge, of 'scholarly neutrality', and of the genuine social and intellectual emancipation of the teacher.31 These were not the dominant conceptions of the time, though, nor were they encouraged by the church. In its view, a doctor's authority was not only intellectual, but moral also. Science was indissociable, especially where teaching was concerned, from the uses to which it was put in the social world, and the teacher was eminently responsible for such uses. 'It is by his acts rather than his condition that a doctor earns his "aureola" [ = his prestige]', stated Henry of Ghent in a question of 1277.32 A master should therefore be above reproach, in his life and in his morality, and he was scrutinized with this in mind when he was examined for his licentia. He was supposed to practise all the Christian virtues and, above all, those appropriate to his condition (impartiality, goodwill towards his colleagues and his pupils, keenness in work), and, conversely, to avoid those sins which directly threatened it (financial rapacity, negligence, vanity). The gravity of his deportment was meant to honour the science whose representative he was. Above all, if we set this practical deontology aside, a teacher was supposed to be conscious of his social responsibility. Thus, 'vain curiosities' or 'useless subtleties' were of no value to students; doctrinal errors represented so great a risk that he should, under threat of revocation,33 submit his teaching to the judgement and to the correction of his peers and of the church. A theologian was supposed to bear in mind that he was training priests and preachers, 31

32 33

J. Le Goff, 'Quelle conscience l'universite medievale a-t-elle eue d'elle-meme?', in J. Le Goff (ed.), Pour un autre Moyen Age. Temps, travail et culture en Occident: 18 essais (Paris, 1977), 181-97. Q u o t e d in Leclercq, 'Ideal d u theologien' (note 29), 146. T h e r e a r e in fact very few attested cases of a master falling into destitution; it is w o r t h mentioning, however, the Parisian 'nominalist' Nicholas of Autrecourt, who, in 1346, was stripped of his degree of master of arts (CUP, vol. II, 576-87, no. 1124)

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Jacques Verger whose behaviour would influence the faithful; a jurist was supposed to be aware that his opinions contributed to 'common opinion', that is, to the elaboration of law, and therefore to all of social and political life. Masters in medicine had a still more immediate responsibility, for they were acknowledged to have a right of control over the legal exercise of their profession, and over the whole of public hygiene. Concretely, such responsibilities were first of all exercised within the university itself, on examination boards and on the various committees, both permanent and occasional, which had to assess the orthodoxy of texts circulated by bookshops or to pass judgement respecting denunciations which were sometimes levelled against the teaching of one or other of their colleagues or of their bachelors. The many condemnations and censures which mark the doctrinal history of the medieval universities almost always had their origin in conflicts arising within the faculties themselves, between one or more teachers and the majority of masters. Members of the universities were especially vehement in asserting their social and political responsibility in the more troubled periods, in particular at the beginning of the Great Schism, when they considered themselves entitled to proffer solutions to the crisis.34 At times they also sought to play a role in affairs of state. Thus, the masters of the University of Prague played a major part in the revolt of Bohemia in 1419.35 Likewise, the masters of Paris offered to collaborate with the king in promoting the 'reform of the kingdom' in Charles VFs reign, which provided ample justification for the chancellor John Gerson's explanation, in his great speech of 1405 (Vivat rex), as to how the university, through its four faculties, 'represented' the totality of accessible human knowledge, in both its theoretical and its practical dimension, and how, furthermore, through the recruitment of its members from every country and every state, it served as a microcosm of the whole society, and therefore the best of all interpreters of 'common utility'.36 'Of what value would science be', asked Gerson, 'if it was not put into operation?... One does not learn solely in order to know but also in order to demonstrate and to act.' There is some temptation, on the basis of this praise of political commitment, to define the teachers of medieval universities as 'intellectuals', but this would only be accurate if one specified that, in contrast with what nowadays would be regarded as normal for intellectuals, they never meant their interventions to be in the service of a will that was subversive or even merely critical of the established order. They were not, save for a few exceptions, men of violence, leading revolts or encouraging popular 34 35

36

R. N . Swanson, Universities, Academics and the Great Schism (Cambridge, 1979). H . Kaminsky, ' T h e University of Prague in the Hussite Revolution: the Role of the M a s t e r s ' , in Universities in Politics, 79—106. J. Gerson, Oeuvres completes, ed. P. Glorieux, vol. VII: 1, L'Oeuvre francaise. Sermons et discours (Paris, 1968), 1137-85.

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Teachers heresies. Being the bearers of a knowledge deemed stable and perfect, whose truth had been established once and for all at the creation, they simply wished to play their part, in face of all the disorders of their time, in healing the breach in this ideal order. Of course, only the masters of the great universities (such as Paris, Oxford, or Prague) ever really had to play a role of this kind. But, even in universities that had been founded more recently or that were of only secondary importance, the teachers were undoubtedly aware that their social responsibility consisted in ensuring the best possible functioning of the civil and ecclesiastical institutions through the intellectual training of elites, at any rate local ones, elites to which they, as teachers, therefore felt themselves to belong. This does not mean that they invariably sought to obstruct every kind of social advancement through study, or that they tried in any systematic sense to discourage poor students. The significant point to note, rather, is that they henceforth considered, to a much greater degree than at the origins of the institution, the perfect accommodation of their work to the requirements of the existing social and political order to be one of the normal demands of their metier.

THE PLACE OF TEACHERS IN MEDIEVAL SOCIETY

The texts mentioned above all emanate, by and large, from the doctors themselves. But did their contemporaries really acknowledge the rightfulness of their claims? Official texts were usually not sparing in their praises of the doctors. From the time that the universities had first emerged, popes had been in the habit of describing them as 'lights of the church, shining as brightly as stars in the firmament'. In spite of the reticence of urban populations, princes did not begrudge them honours and prerogatives either. Such authorities were anyway undoubtedly convinced of the usefulness of the universities, for they were tireless in their attempts to protect and to develop them, sometimes at great cost, and they were likewise convinced of the value to them of the masters, whose appointments they often supervised. Those outside the university who dared to criticize it were few and far between, and they were often disillusioned ex-university members. For example, Geert Groote (1340-84), the founder in the Low Countries of the movement of the Brothers and Sisters of the Common Life, which was a movement of popular and evangelical devotion, attacked the pride and stupidity of the Parisian masters, who were responsible, in his view, for the ruin of the church (he himself was a former master of arts at Paris): These men wreck all piety, make fun of ordinary folk, and deceive the people.' 37 Some humanists were just as harsh 37

G. Epiney-Burgard, Gerard Grote (1340—1384) et les debuts de la devotion moderne (Wiesbaden, 1970), 31.

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Jacques Verger in their condemnation. This was the case with, for example, Lorenzo Valla (1407-57), after his unfortunate experience at the University of Pavia, where he was the object of attacks by colleagues hostile to his new ideas. Yet the universities and the masters seem by and large to have enjoyed, up until the end of the Middle Ages, a real prestige, especially as far as the social and political elites were concerned. One should note, however, that honorific titles and displays of generosity multiplied just when the universities' independence was rapidly being eroded by the increasing pressure from the state, and just when the latter was making it increasingly plain that it expected the universities not only to form the competent and devoted servants it needed but also, as a body, i.e. above all in the person of their teachers, to uphold and second its political actions. How did such developments affect the social recruitment of the teachers? This is a problem that has not yet been very deeply studied, but it would seem that this recruitment did not differ fundamentally from that of the other graduates. However, even if the lesser nobility were fairly often recruited, especially in the case of teachers of law, students of the loftiest social origin do not seem to have been much attracted to the teaching profession. With the same degrees, other types of career, whether civil or ecclesiastic, would have seemed preferable to them, undoubtedly more remunerative, and more suited to their familial position.38 They may have acknowledged the prestige of teaching as a profession, but this did not therefore mean that they desired to practise it. Indeed, teachers seem to have been recruited in the main from among students whose social origins were lowly (this was the case with Wyclif, Gerson, and John Huss) or middle ranking. For such men, their wealth consisted, above all, in their intellectual gifts, and access to a regency was undoubtedly a form of social advancement. In addition, as time went on, regencies tended increasingly to be handed down to one's sons or nephews. Many special statutes, for example, dispensations concerning the duration of a course of study, exemptions from examination fees, or derogations to the numerus clausus imposed in the doctors' colleges, also did much in many universities, especially in the fifteenth century, to establish small teaching dynasties, in control of regencies which were anyway better and better established in their authority and their incomes. In 1317, the great Bolognese jurist, Johannes Andreae even went so far as to inscribe in the statutes that his descendents would enjoy, in perpetuity, a prior right to apply for the university's salaried chairs.39 38

39

T h i s w o u l d at any rate seem t o be t h e case with t h e universities of the south of France; J. Verger, 'Noblesse et savoir: etudiants nobles aux universites d'Avignon, Cahors, Montpellier et Toulouse (fin du XlVe siecle)' in P. Contamine (ed.), La Noblesse au Moyen Age. Xle-XVe siecles. Essai a la me'moire de Robert Boutruche (Paris, 1976), 2 8 9 - 3 1 3 , especially 311. Bellomo, Saggio (note 3), 212.

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Teachers This tendency of regents to constitutue themselves as a caste, which went along with their professionalization, never resulted in a complete closure; teaching always remained, in the Middle Ages, a possible path to social advancement. The inheritance of offices was anyway everywhere on the increase among lawyers (who were for the most part graduates) during this period, and the case of regents is therefore not unique. But what position did they occupy, as caste or subcaste, within this social group as a whole? There have as yet been no studies comparing, in terms of prestige, income, and connections, regents with other categories of graduates (judges, the king's secretaries, etc.) However, one has the sense that, with only a few exceptions, such as the great Bologna jurists (Accursius in the thirteenth century, Johannes Andreae, Bartolus de Saxoferrato, and Baldus de Ubaldis in the fourteenth century), whom the universities quarrelled over and whom the princes deigned to greet and to consult, they tended to be situated at the lower end of the social scale. This factor also probably helped to renew the group from generation to generation. In spite of the lofty conception they entertained of themselves, and in spite of the fulsome praises that were lavished upon them, the teachers in medieval universities, inasmuch as they constituted an identifiable group, only held a restricted and fairly modest place in the social and political elites of the time. The best and most ambitious of such men, if they really wanted to pursue a glittering career, whether in the church (which undoubtedly for a long time continued to offer the most possibilities to graduates) or in the service of a prince, were therefore compelled to desert the universities fairly rapidly. The teaching dynasties tended also to end fairly quickly, when the last heir, even though he had pursued the same course of studies as his predecessors, decided to give up teaching and to try for a more prestigious and more remunerative post.40 One certainly ought not to speak only in terms of social factors and of incomes. If teachers seemed disaffected, this was also because behind the regent's lassitude there lay an awareness of the crisis of traditional university pedagogy and, at the same time, of the difficulty of effecting a fundamental reform of the universities at a time when their ancient independence was being eroded. In such cases, the quest for alternative careers might also be a quest for more lively cultural activities and milieux (the courts and the chancelleries). The Middle Ages thus witnessed, in its universities, the birth, or rebirth, of the profession of teacher, even if it was the case that, up until the fifteenth century, many courses of teaching were still provided by temporary or occasional teachers. Yet this profession remained a difficult one to define, for it was still marked, as the Middle Ages came to an end, by certain ambiguities. 40

See chapter 8. I67

Jacques Verger As a profession, its fate was bound up with the formation of social elites, yet those elites made sure that it was kept at arm's length. Moreover, for all its lofty claims about its intellectual and moral responsibilities, the teaching profession had in fact to serve ends which ultimately eluded it. SELECT BIBLIOGRAPHY

Bataillon, L. J. 'Les conditions de travail des maitres de l'universite de Paris au XHIe siecle', Revue des sciences philosophiques et theologigues, 67 (1983), 417-33. Bernstein, A. E. 'Magisterium and License: Corporate Autonomy against Papal Authority in the Medieval University of Paris', Viator, 9 (1978), 291-307. Gabriel, A. L. 'The Ideal Master of the Mediaeval University', Catholic Historical Review, 60 (1974), 1-40. Grandi, R. / monumenti dei dottori e la scultura a Bologna (1267-1348), Bologna, 1982. Leader, D. R. A History of the University of Cambridge, vol. I The University to 1546, Cambridge, 1988, 242-63. Le Bras, G. ' "Velut splendor firmamenti": le docteur dans le droit de l'Eglise medievale', in Melanges offerts a Etienne Gilson, Toronto/Paris, 1959, 373-88. Leclercq, J. 'L'ideal du theologien au Moyen Age. Textes inedits', Revue des sciences religieuses, 21, (1947), 121—48. Leclercq, J. 'Lo sviluppo dell'attegiamento critico degli allievi verso i maestri dal X al XIII secolo', in Universita e societd nei secoli XH-XVI, Atti del nono convegno internazionale di studio tenuto a Pistoia nei giorni zo-z$ settembre 1979, Pistoia, 1982, 401-28. Miethke, J. 'Die Welt der Professoren und Studenten an der Wende vom Mittelalter zur Neuzeit', in K. Andermann (ed.), Historiographie am Oberrhein im spa'ten Mittelalter und derfruhen Neuzeit, Oberrheinische Studien, 7, Sigmaringen, 1988, 11-33.

Paquet, J. Salaires et prebendes des professeurs de l'universite de Louvain au XVe siecle, Leopoldville, 1958. Post, G. 'Masters' Salaries and Student Fees in the Mediaeval Universities', Speculum, 7 (1932), 161-98. Post, G. 'Parisian Masters as a Corporation, 1200-1246', Speculum, 9 (1934), 421-45. Post, G., Giocarinis, K., and Kay, R. 'The Medieval Heritage of a Humanistic Ideal: "Scientia donum Dei est, unde vendi non potest"', Traditio, 11 (1955), 195-234. Verger, J. 'Les professeurs des universites francaises a la fin du Moyen Age', in J. Le Goff and B. Kopeczi (eds.), Intellectuels francais, intellectuels hongrois, XHIe-XXe siecles, Budapest/Paris, 1985, 23-39. Zanetti, D. 'A l'universite de Pavie au XVe siecle: les salaires des professeurs', Annales ESC, 17 (1962), 421-33.

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P A R T III

STUDENTS

CHAPTER 6

ADMISSION

RAINER C H R I S T O P H SCHWINGES

If one disregards the considerable distances and numerous obstacles and hardships involved in journeys in the Middle Ages, it was in fact relatively easy between the thirteenth and fifteenth centuries to attend university and become a student. European universities had no national, social, intellectual, or linguistic requirements for admission. The formal requirements were also relatively few and, in any case, they did not exceed requirements connected with matriculation. There were not even fixed periods for this or for commencing one's studies. Any day of the year was equally suitable. Even requirements for a minimum age did not exist. Minority was a problem only when taking the matriculation oath, not when being accepted at university, as numerous instances in the vast number of sources in university archives indicate. The only criteria for admission, in addition to the self-evident one of being baptized as a Christian, seem to have been of a moral nature: they were criteria which everybody could, in principle, meet. The criterion of 'moral conduct' - which applied also in admission to the clergy, to citizenship, or to membership in a guild of a town - included proof of legitimacy of birth, but in practice this frequently amounted only to an affirmation that one believed oneself to be legitimate. Such affirmation was necessary only if one wished to acquire an academic degree, and, at some universities or arts faculties, it was required only before the conferring of the degree of magister artium.1 Since, up to modern times, the award of a degree even at the lowest level of bachelor - baccalaureus artium - and thus admission to every type of examination - affected only a minority, the question of legitimacy of birth must never have been a particularly pressing issue for the majority of students. 1

Kaufmann, Deutsche Universitdten, vol. II, 302, 3ioff.

Kainer Christoph Schwinges THE ACCESSIBILITY OF UNIVERSITIES

If on the one hand there were no particular requirements for admission and attendance at a university, so there were no particular rights of admission on the other hand. The universities accepted everyone wishing to become a suppositum or a membrum universitatis. Neither origin nor rank, neither proximity of residence nor distance, neither poverty nor wealth, neither health nor physical handicap influenced acceptance. Even blindness presented no obstacle. The case of the later professor artium et juris, Nicasius de Voerda from Mechelen in Brabant, who had been blind since the age of two, is perhaps only an especially prominent example of this: he attended the Universities of Louvain (1459) and Cologne (1489) and was awarded at the former a magister artium and a licentiatus of theology, and at the latter a doctor decretorum.2 Despite all the mania for statutory regulation, which often endeavoured to control university life down to the smallest and most petty detail, the important gateway to the universitas thus remained open to individuals who desired entry, provided that they had the necessary resources. This applied primarily in the case of the faculties of arts, but in principle it applied also to the higher faculties. In the latter case, however, after the late fourteenth century, preparatory study in the faculty of arts, regardless of where and in what manner the preparation had been obtained, had become established in practice. There were essentially two reasons for this fundamental accessibility. The first reason has to do with the characteristic form of the pre-modern university as a community constituted primarily as an association of individuals. The second reason derived from the general system of education which prevailed in the Middle Ages. Regarding the first, European universities were for long periods of their early history far from being the formally organized institutions and educational establishments which, with all their particular variations, are to be found today in European societies. They were dominated rather by those forms of communal corporate organization which were characteristic of collective life in guilds, confraternities, colleges, and families. Thus, the subsequent history of universities is the history of the progressive institutionalization, rationalization, and finally 'depersonalization' of the universitas studii. The process continued, of course, despite crises, fluctuations, and transformations, well into modern times, and can be traced both in the 'younger Europe' of the centre, north, and east of the continent, and the 'older Europe' of the north-west, west, and south (see chapter 8). Each part of 2

J. Wils (ed.), Matricule de VUniversite de Louvain, vol. II, i (Brussels, 1946), 67, no. 65; H. Keussen (ed.), Die Matrikel der Universitat Koln, vol. II (Bonn, 1919), 255, no. 68. 172

Admission the continent had its own distinctive cultural, social, economic, and political traditions. 3 In each, however, the same trend occurred. The old universities consisted of quite fluid communities of individuals of the most varied hue. The association of students formed around a teacher, the schola or familia of the master, constituted the pattern of university life over the whole of Europe; and, in principle, whether based on the Paris or Bologna model, the university could be conceived as the aggregate of all familiae or schools formed around the individual magistri. There is, indeed, no pictorial or figurative representation of the medieval university other than that of the familia or the schola of the master teaching his students; and there are innumerable scenes of such teaching depicted in miniatures in manuscripts and in woodcuts in books. The well-known reliefs in Pistoia cathedral and the old university buildings in Siena and the University of Salamanca present the same pattern. There is also extensive official evidence in university seals, e.g. the seals of Paris, Oxford, Vienna, and Erfurt, which show the master surrounded by a circle of his pupils. A different image of the universities, for example, that of the main building as a symbol, belongs to a later stage in the history of universities; it was scarcely to be seen anywhere in Europe before the middle of the sixteenth century. Its appearance represented a large step away from the idea of a university as an association of individuals around a teacher towards that of an institution. Within the medieval framework, attendance at a university and the pursuit of one's studies mean no more than associating oneself with the magister and his pupils, regardless of the particular part of the university involved, whether it was a faculty, a college, a hall (bursa), or a nation. Formal requirements for admission and attendance were secondary, therefore, to participation in an association of individuals. The latter had, however, been obligatory since earliest times. As early as 1215 it was said that nobody was a student of the University of Paris if he did not have a permanent teacher - nullus sit scholaris Parisius qui certum magistrum non habeat. There was no departure from this principle throughout the whole of the Middle Ages in any of the European universities, in so far as they conformed to the Paris model. By contrast, at those law universities which followed the pattern of the University of Bologna, the student societates and nationes were more prominent. Even then the teacher remained the central figure.4 3

4

O. G. Oexle, 'Alteuropaische Voraussetzungen des Bildungsbiirgertums - Universitaten, Gelehrte und Studierte', in W. Conze and J. Kocka (eds.), Bildungsburgertum im 19. Jahrhundert, vol. I (Stuttgart, 1985), 29-78,49ff.; Schwinges, Universitatsbesucher. Concerning inequality even in the European educational systems, see P. Moraw, 'Uber Entwicklungsunterschiede und Entwicklungsausgleich im deutschen und europaischen Mittelalter, ein Versuch', in N. Bestmann (ed.), Hochfinanz, Wirtschaftsraume, Innovationen. Festschrift fur W. von Stromer, vol. II (Trier, 1987), 6o7ff. CUP, vol. I, 79, no. 20. Similar cases occurred in Montpellier in 1220: Fournier (ed.), Statuts, vol. II, 5; in Oxford before 12.31: S. Gibson (ed.), Statuta Antiqua Universitatis Oxoniensis (Oxford, 1931), 82; in Cambridge after 1236: M. B. Hackett, The Original Statutes of Cam-

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Rainer Christoph Schwinges The magister naturally played a prescribed role primarily in the exercise of discipline over generally very young students, who were thus under his protection, control, and power. In the main, relations between masters and students were not formally defined with quantitative specifications or purely intellectual criteria. Nor, however, were they established by chance. Rather, individuals were bound together in accordance with the traditional social norms which prevailed in European societies. The student, upon entrance to the university, selected his magister in accordance with the rules of local provenance, friendship, acquaintance, introductions, and patronage. In such familiae, prior affirmation of locality and region predominated. Thus, from the very outset, it was left to the individual university teacher, but not to the university as a whole, to assess his clients' capacity for study. Given the basic accessibility of the universities, the link with the magister was in the last analysis the sole, serious criterion by which every individual was admitted into the academic community; and this remained the basic pattern, even though regulations governing enrolment became more strict during the late Middle Ages. Regarding the second reason for the fundamental accessibility of the universities, it should be pointed out that, if one thinks of admission in terms of certain standards of education, a certain level of substantive knowledge, and a certain extent of prior intellectual training, then such a concept of admission scarcely applies to the medieval university. There were no prerequisites. Previous attendance at school was not a precondition, nor was it absolutely necessary. This was just as true for the mastery of Latin, the universal lingua franca of the secondary world, as it was of academic instruction in general. It is not even certain, indeed, that all those attending university could actually read and write. The statutes of the University of Perpignan referred specifically to this.5 All this flowed from the fact that, although the medieval system of education, particularly in the later Middle Ages after the thirteenth century, was already differentiated, schools and universities were not directly linked in a functional way. Levels of education and educational tasks were not pursued through a series of stages in which each step invariably preceded the next. There was no orderly pattern of education which imparted a standardized body of basic knowledge. Rather, each part of the educational system whether monastic schools, endowed schools, municipal Latin schools, parish schools, simple schools for teaching the written vernacular, private tutorial schools, or universities - was independent of all others. Moving from one to

5

bridge University. The Text and its History (Cambridge, 1970), 72,211. Examples from universities in central Europe: R. C. Schwinges, 'Sozialgeschichtliche Aspekte spatmittelalterlicher Studentenbursen in Deutschland', in Schulen und Studium, 527-64, 535ff. Fournier (ed.), Statutsy vol. II, 660; § II.5; A. Wendehorst, 'Wer konnte im Mittelalter lesen und schreiben', in Schulen und Studium, 9—33; J. Coleman, Medieval Readers and Writers 1350-1400 (New York, 1981).

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Admission another, including moving from university to school and back again, was quite common. It would be anachronistic to expect even the beginnings of the modern, hierarchically ordered educational system in the Middle Ages. The fact that the terms pupil and student were scarcely distinguished from one another is evidence of the absence of clearly defined boundaries between universities and schools. Those attending both schools and universities were called scholares; this term referred primarily to the character of the relationship between the magister and his schola and to the status of the former. This was true even for the scholares graduati in the higher faculties of medicine, law, and theology. The terms studens and studentes were more likely to refer to the activity of studying than to a particular status in the university. Consequently, pupils at religious or municipal Latin schools could be studentes. This shows that the category of student in the modern sense of an individual having been admitted in accordance with formally stated criteria has no medieval equivalent. And this is even more true as far as the substance of knowledge is concerned.6 Furthermore, there were schools which were not merely equal to but superior to faculties of arts with respect to educational standards and educational achievement. This, too, was a result of the general development of schools, which led sooner or later - almost in parallel with each other - to the development of the universities. Schools such as these offered genuine alternatives to attendance at a university. Like universities, many of them had a high percentage of students who came from outside the locality and even from outside the region. The competence which they offered in the subjects that were taught in the faculties of arts sufficed for the majority of professions requiring the ability to write. The schools and seminaries of the Brothers of the Common Life in the spirit of the devotio moderna, such as the schools at Zwolle in the Netherlands and at Liege in present-day Belgium, fall into this category. So, too, does the famous 'humanist school' at Schlettstadt (Selestat) in Alsace and the 'school-city' at Erfurt in Thuringia, where some of the schools were well known even before the founding of the university there in 1392. There were others in this category such as the cathedral schools and colleges, so rich in tradition, like Exeter and Winchester in England, Reims and Soissons in France, or the endowed school at Deventer in the Netherlands. (Towards the end of the Middle Ages the master of Deventer was the distinguished humanist educator, Alexander Hegius, whose students included Buschius, Erasmus, Murmellius, and Mutianus Rufus.) In Spain, too, some chapter and municipal schools enjoyed high status, among them those at Saragossa, Valencia, and 6

J. A. H. Moran, The Growth of English Schooling 1340-1548 (Princeton, 1985), 64H.; G. A. von Miilverstedt, Beitrage zur Kunde des Schulwesens im Mittelalter und iiber den Begriff scolaris (Magdeburg, 1875), especially 2iff.; Kaufmann, Deutsche Universitaten, vol. II, 56f., 268ff., 315.

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Rainer Christoph Schwinges Huesca, the status of which was, for most of the Middle Ages, halfway between school and university. From the time of Dante, many schools in northern and central Italy, both within and outside university towns, were of high quality. Florence was probably only an especially outstanding centre, with Mantua, Milan, Verona, Urbino, and Genoa being of a very similar standing. Finally, the studium generale offered by the religious orders also provided a genuine alternative to study at a university, particularly those of the four great mendicant orders, i.e. the Dominicans, the Franciscans, the Augustinian Hermits, and the Carmelites.7 The decisive advantage that the universities enjoyed over all types of schools was their privileged position and their concomitant right to set examinations and to award academic degrees, status in studio. Those graduating from the best schools, such as the pupils of Hegius, also made sure of enjoying this advantage. Some individuals who were already teachers - teaching was by no means an academic profession in the thirteenth to fifteenth centuries, despite certain tendencies in that direction - matriculated in order to gain a bachelor's or master's degree in the faculty of arts at the end of the customary period of study. A Latin school comedy dealt with this subject in 1485, naturally in a disparaging manner, since the veteran schoolmaster, a veritable codrus^ was striving too hard for academic distinction.8 But even without an intention to graduate - this was the normal situation in western and central Europe around 1500 - the universities were sufficiently attractive because they enabled students to learn more at them than at the average endowed or municipal school, to say nothing of the much greater opportunities and social contacts which the universities offered. Although it was, in principle, possible to attend university without any prior education, things were increasingly different in practice. Since the late twelfth century, towns had established their own 'municipal' schools, partly in intense competition with the educational system of the church. The process began in those areas of 'older Europe', the economies of which developed first in the towns of northern Italy, southern France, and the north-west, varying, as they did, in size and importance. Schools also sprang up sooner or later in the other parts of Europe, with greatest frequency - according to the available evidence - in the fourteenth and late fifteenth century. In about 1500, in the period prior to the Reformation, either an ecclesiastical or a 'municipal' school was to be found in almost every town, however small. Yet these schools are not to be thought of as being any more institutionalized than the universities. Educational continuity depended on the influence of 7 8

Concerning schools, see select bibliography. W. Schulze, 'Codrus. Lateinische Schulkomodie aus dem Jahre 14851, Archiv fur Literaturgeschichte, 11 (1882), 328-41. Other cases: Keussen (ed.), Matnkel Koln (note 2), vol. I, 277, no. 17, 285, no. 39; in England: N. Orme, 'Education and Learning at a Medieval English Cathedral, Exeter 1380-1548', Journal of Ecclesiastical History, 32 (1981), 265-83, especially 27off.; Moran, Growth (note 6), 66.

176

Admission individuals, and much still depended on the mobility of the school-teachers. Unfortunately, the state of the evidence does not permit us to say much about this. General educational development was, of course, of exceptionally great significance for attendance at universities. Wherever this can be assessed quantitatively, i.e. wherever the location of schools can be related to the places of origin of students, as is demonstrable in the 'catchment areas' of the German universities, the evidence shows that, from the fourteenth century onward, schools formed the 'normal' precondition for university attendance. This is true, for example, of three-quarters of all students at the University of Cologne in the late Middle Ages.9 Whether or not particular formal academic requirements were met, the masters of the faculties of arts took it upon themselves to make up for the diverse amounts of knowledge initially possessed by their students, who came from the most heterogeneous national backgrounds. To become a member of a group formed around a magister, it was necessary to be able to do the most basic (Latin) exercises, and masters accordingly provided private tuition. Quite early on, so-called paedagogia were provided in the faculties of arts, where initial basic knowledge was necessary for successful participation in the cursus of the faculty. In some university towns, the Latin schools took over the functions of the paedagogia, partly still under the supervision of the local church, as in Cambridge, Coimbra (Santa Cruz), and Paris (NotreDame), and partly also under the supervision of the universities, as in Oxford, Salamanca, and Vienna (St Stephen). In Vienna, the schoolmasters themselves belonged to the university.10 MATRICULATION

Although the prospective student and the person attending the university became a member of the group through joining the association centred around a magister, it was only by matriculation under the authority of the rector that he also became a member of the legally defined community and thereby of the privileged community. Only by doing this did he become a membrum universitatis. Matriculation, which was one of the highest functions of the university authorities, was also the formal act which conferred a legally recognized status. This involved the student taking an oath of matriculation, paying a statutorily required matriculation fee, and registering his name in a specially provided register (matricula album registrum) which had 9

10

Schwinges, Universitatsbesucher, 330—41. Concerning the development of schools, see select bibliography. Denifle, Entstehung; Rashdall, Universities; I. Hajnal, UEnseignement de Vecnture aux umversites me'die'vales, 2nd edn (Budapest, 1959); A. L. Gabriel, 'Preparatory Teaching in the Parisian Colleges during the Fourteenth Century', in A. L. Gabriel, Garlandia. Studies in the History of the Medieval University (Notre Dame, 1969), 97-124.

Rainer Christoph Schwinges to record both the oath and the payment of fees of each matriculated individual. To distinguish such registration more clearly from other types of registration, including faculty, collegiate, or national registration, it might be described as the 'general university registration' or the 'rector's registration'. What was recorded in the register fully met with the formal requirements for attendance at university. This was the situation at the end of the fourteenth century and throughout the fifteenth century in 'younger Europe', from Lou vain to Cracow, from St Andrews or Copenhagen to Vienna and Basle. Matriculation in special documentary registers thus represented a relatively well-established procedure. The administrative arrangement associated with it through the rector marks a new stage in the development of the universitas as an institution. Particular national and territorial powers were increasingly displacing the earlier 'universalism' which, in the 'older' parts of Europe, was most enduringly embodied in the University of Paris. In the 'era of universalism', university rectors in Italy, France, the Iberian peninsula, and England had never kept their own general registers, although, in many university statutes since the early fourteenth century, the maintenance of the inregistratio fell within the scope of the rector's duties. Even their successors in the age of particularism did not do so until the threshold of modern times, undoubtedly because of the tenacious traditional patterns of organization of the universitas into familiae, colleges, and nations. 11 In the universities of the 'era of universalism', particularly universities consisting of faculties of arts, theology, and medicine, at least north of the Alps, 'matriculation' was from the outset a responsibility of the individual magister. As student numbers increased, teachers in the large faculties of arts seem to have begun to register the names of their students. This occurred quite early in Oxford - prior to 1231 - and in Cambridge from 1236 to 1254, and also in Paris at a later date, when the faculty made a formal decision about registration in 1289. Since the number of students whose names were not known had obviously become a problem, there was a need for a 'master's registration book' (rotulus, cedula, matricula magistri) which would set out information enabling the master to survey and record the performance of participants at particular exercises and readings, and to distinguish genuine students from those spurious students who merely wished to enjoy the privileges of the university (Paris: boni ac legitimi aut ficticit scholares discernere) . 12 11

12

For a survey of matriculation lists in Europe: B. Schmalhaus, Hochschulmatrikeln. Verzeichnis der Drucke nebstanderen Nachweisen (Gottingen, 1937); E. Giessler-Wirsig, 'Universitatsund Hochschulmatrikeln', in W. Ribbe and E. Henning (eds.), Taschenbuch fur Familiengeschichtsforschung, 9th edn (Neustadt/Aisch, 1980), 141—80. Oxford: Gibson (ed.), Statuta (note 4), lxxxii, lxxxix, 6of., 82,107,227. Cambridge: Hackett, Statutes (note 4), 72, 211, 330. Paris: CUP, vol. I, 35^, no. 561. A discussion of the problems

178

Admission Thus, in accordance with the flexibility of the statutes, the magistri themselves verified the formal membership of their scholae in the university. Such appears to have been the prevailing situation throughout the Middle Ages. Soon magistri in other faculties began to draw up lists of names (cedulae), which they then turned over to the faculty, from which, sooner or later, but probably around the middle of the fourteenth century, genuine faculty registers emerged.13 Understandably enough, practically none of these registrations has survived: they were private rather than official university documents. One manuscript, a collection of excerpts from Aristotle's logic, dating from before 1268 and belonging to Gonville and Caius College, Cambridge, has none the less survived. On its margin a magister had jotted down sixty names, and in each case the name is accompanied by numbers, which are presumably the number of years which each of the named students had studied.14 At those universities which had only law faculties - especially in Italy, Bologna, Padua, and Pavia amongst others, and, in France, Orleans and Angers - the student nations, faithful to their social conventions, undertook, perhaps from the outset, the matriculation of their prospective members. The procurators of the individual nations at the universities functioned like masters elsewhere and rectors later on; but in this instance, too, the general register was mentioned in the statutes, if sometimes only at a much later period. Apparently, the two types of registration were carried out concurrently in Prague and Vienna.15 The oldest register of this kind - and one of the most significant for central, eastern, and northern Europe - was the Bologna matricula nationis Germanicae, which was kept from 1289. Such registers of nations ought not be confused, however, with those of Paris, which only recorded graduates by their particular nations. 16 Thereafter, the most important - and as a rule the most complete - entries concerning university attendance and admission were to be found in the general registers of matriculation or in the rector's register. They were regularly kept only at the central European universities, beginning in about the second half of the fourteenth century. The first 'new' type of matriculation

13

14 15

16

can be found in J. Paquet, 'L'Immatriculation des etudiants dans les universites medievales', Pascua Mediaevalia. Studies for Prof. Dr. J. M. de Smet (Louvain, 1983), 159-71. CUP, vol. I, 701, § 45, no. 1189; vol. IV, 703, no. 2671; Fournier (ed.), Statuts, vol. II, 70, § 36; 83. Cf. Paquet, 'Immatriculation' (note 12), i6if. Hackett, Statutes (note 4), 167. Fournier (ed.), Statuts, vol. I, 257, no. 356 (Orleans); 334, § 8 (Angers); F. Doelle, 'Ein Fragment der verlorengegangenen Prager Universitatsmatrikel aus dem 14. Jahrhundert', in Miscellanea F. Ehrle, vol. HI, Studi e Testi, 39 (Rome, 1924), 88-102, probably only concerning the Saxon nation at Prague; P. Uiblein, 'Zur Quellenlage der Geschichte der Wiener Universitat im Mittelalter', Osterreich in Geschichte und Literatur, 7 (1963), 161-6. E. Friedlander and C. Malagola (eds.), Acta Nationis Germanicae Universitatis Bononiensis (1289-1543) (Berlin, 1887); H. Denifle and E. Chatelain (eds.), Auctarium Chartularii Universitatis Parisiensis, 6 vols. (Paris, 1894—1964).

179

Rainer Christoph Schwinges register was the matricula, now lost, belonging to the arts, theological, and medical faculties of the University of Prague; this probably began before 1367. The matriculation register of the law university at Prague of 1372 has survived and may be considered the oldest rector's register in Europe.17 The fact that both the universities in Prague kept the first general registers can hardly have been a coincidence. Indeed, the studium Pragense of 1348 constituted something of a turning-point in the transition from the universal to the national era of the history of European universities. Although the traditional constitutional and social forms retained their force in central European universities as well, they were none the less being subjected to considerably stronger pressure for standardization and centralization than was the case in western and southern Europe. Vienna from 1377, Heidelberg from 1386, Cologne from 1388, Erfurt from 1392, Cracow from 1400, Leipzig from 1409, Rostock from 1419, and Louvain from 1426, to name only the oldest universities, followed Prague as universities maintaining matriculation registers. Finally, in the course of the sixteenth century, the rector's register spread throughout the whole of Europe as the central record of new arrivals. Probably the oldest surviving rector's register in Italy, the matriculation register at Perugia, is representative of this pattern. Although it was decreed in 1487, entries were made only from 1511. A comparison with the matriculation register for the German nation at Perugia, which contains a far more complete list of names than the central register of the university, shows how markedly and for how much longer the 'new' form was disregarded in favour of the 'old' one. This was a consequence of the persistence of the more traditional social patterns of society at large.18 Wherever the 'newer' form was taken up, the individual attending the university was obliged to be matriculated by the rector within a specific period, normally anything up to a month. This could be done on every day of the year, even on high holidays.19 The general university statutes constantly stressed this obligation, especially in those passages which were to be read out regularly to the university public. Masters and doctors, too, were referred to the basic obligations to matriculate their students, while the heads of colleges and halls (bursae) were bound to accept only matriculated students who were genuine membra universitatis into their houses and teaching arrangements. The ideal was set out in the 'information booklets' for new students, which were intended to provide introductory orientation, often in dialogue form, for those attending university. The new student presented himself to the 17

18 19

Monumenta Historica Universitatis Carolo-FerdinandeaePragensis, vol. II, Album seu Matricula Facultatis Jurisdieae Universitatis Pragensis ab anno Christi 1372 usque ad annum 1418 (Prague, 1834). F. Weigle, Die Matrikel der Deutschen Nation in Perugia (Tubingen, 1956), 7, i^ii. Concerning the procedure, see the introduction in the matriculation lists of, for example, Heidelberg, Leipzig, Freiburg, Louvain, Cologne, and Vienna. 180

Admission magister of his choice. His origins, parents, financial status, and academic interests and ambitions were discussed until finally, having concluded that the candidate had a serious intention to study, the magister requested his new pupil to accompany him to the rector to set the matriculation procedure in motion. 20 At the University of Louvain, new students belonging to the four main halls were regularly matriculated as a body in the register on the occasion of the inauguration of a new rector; this occurred on or about 26 February and 31 August. The obligation to matriculate was a product of the university's legal or financial interests, or most frequently of both together. The legal interests of the university remained essentially the same as they had been in the thirteenth century in Oxford, Cambridge, or Paris: namely, to control the granting of privileges and to record the names of those granted the privileges in order to distinguish them from those who had not been granted such privileges. Through the listing of names and surnames, origin and status, day and year of matriculation, veri scbolares could easily be identified should they require the protection and assistance of the university. They could also be distinguished from falsi scholares. At the Universities of Bordeaux and Valencia, it was declared to be absurd if a mother did not know her sons' names.21 In the course of the fifteenth century, it came to be less a matter of excluding the falsi scholares than of enforcing a universal registration. Anybody who disregarded this or even flouted it was in some places considered almost a rebel.22 Finally, it was with the aid of the universal matriculation registers that the university was able to control its 'most sacred duty', which was the award of academic degrees, of doctorates, along with the grant of the licentia docendi to those who were regarded suitable for it. Yet supervision by masters or administration by rectors did not necessarily work smoothly or even completely. It was not unusual for doctors and masters first and foremost to be entrepreneurs, especially if they taught in private houses or colleges and halls. Many made their livelihood exclusively from the fees of paying guests and 'auditors'. Here and there, they satisfied to their own advantage the demand for 'private' affiliation to a university. Many of those attending the university were able to enjoy exemptions from judicial proceedings and taxes while there. They were even able to study and to graduate 'unofficially', without complying with the legal and financial claims of the university as a whole. There were also students who dealt with the central authorities of the university by simply disregarding them. A comparison 20

21 22

M . Bernhard, Goswin Kempgyn de Nussia, Trivita studentium. Eine Einfuhrung in das Universitatsstudium aus dem 15. Jahrhundert (Munich, 1976), 6 1 . Fournier (ed.), Statuts, vol. Ill, 352, § 47 (Bordeaux 1482); 394ff., § 15 (Valence 1490). Fournier (ed.), Statuts, vol. I, 492, § 39 (Toulouse 1314); vol. Ill, 103, § 9 (Dole 1424). Similar cases can be found also in Heidelberg 1442; E. Winkelmann (ed.), Urkundenbuch der Universitat Heidelberg, vol. I (Heidelberg, 1886), 145, no. 100. 181

Rainer Christoph Schwinges between the rectors' registers and the deans' registers or faculty registers at various central European universities provides evidence for this. OATHS AND FEES

The oath (juramentum) was the symbol of all the legal grounds for the requirement of matriculation. Normally, taking the oath was the first and the most important act in the proceedings. Without the oath, the rector simply refused matriculation. Above and beyond the family-like relationship between the magister and his students, it was only the oath which sealed the voluntarily chosen bond with that corporation of individuals, the 'university', which was no different from other universitates and corpora in the 'older Europe' in being a corporation based on oaths. Students swore the oath to their university just as new townsfolk swore it to their town, or merchants and craftsmen to their respective guilds. Naturally, the swearing of the oath varied in form and content from one European university to another. Four common features, however, can be identified as apparently indispensable elements. The newcomer swore obedience to the rector holding office at the time - in England, to the chancellor often with the addendum in licitis et honestis, i.e. in so far as it was morally, legally, and socially permissible and honourable. He swore to abide by and to preserve the statutes of the university already enacted, as well as those to be promulgated in the future. He swore also to promote the welfare of the university to the best of his ability, regardless of the academic degree, status, or rank he might one day achieve. Finally, he swore to renounce any form of private vengeance for injustice which he might suffer, in favour of the rector's 'public order', by which was meant the maintenance of peace both within and outside the university.23 The sworn individual attending a university who had taken the oath and thus fulfilled his obligations could now rely on the rector to perform the obligations of his office, namely, to strive to defend the rights and freedoms of every individual membrum universitatis, to defend them tenaciously and rigorously when necessary, against everyone else. The history of universities offers innumerable examples of this. It is not surprising that, in the national-territorial era of the fourteenth and fifteenth centuries, many forms of the oath created a bond between the person attending university and the prince. In this respect, too, the studium generate of the University of Prague appears to have been in the lead. All new arrivals, not merely native Bohemians, promised in the first instance loyalty to king and realm, regi et regno fidelitatem, and, then only, obedience to the rector. The situation at the University of Caen was similar, the oath of obedi23

Examples in Paquet, 'Immatriculation' (note 12), 164L 182

Admission ence being sworn to the king of England as the ruler of that territory. In Freiburg im Breisgau, too, students bound themselves to do nothing during their stay at the university which might affront the honour of the house of Austria. This address of loyalty was understandably linked directly with the concern, attested by oath, for the well-being of the university, which had been the territorial university of 'Vorderosterreich' since 1460.24 The taking of an oath presupposed the attainment of either the minimum age for swearing an oath or the age of majority. As a rule, canon law was followed, according to which the completion of the fourteenth year was sufficient. However, dates of the attainment of majority in the Middle Ages varied among the universities and, over a period of 200 years, ranged from ten years at Toulouse, to thirteen at Leipzig and sixteen at Oxford.25 Accordingly, those who did not meet the minimum age or who were minors were not allowed to take the oath, although they could be in attendance in great numbers at universities which had no minumum age for admission. In Rostock, for example, in some years they constituted up to one-third of the enrolled students. In Cologne, during the fifteenth century, they amounted to between 2 and 3 per cent of all students. They were also quite common at the law universities in Italy, Spain, and France, where, however, youthfulness and high rank were closely correlated.26 Since, for obvious legal reasons, there could be no exemption from the oath, there was no provision for such exemption in the university statutes; the rector therefore granted deferment on condition of a promise by a minor, although most commonly this was made by his father, relative, teacher, or preceptor, that the oath would be taken, once the age of majority had been attained. Thus the individuals who swore the oath were normally aged fourteen or fifteen. The vast majority of new entrants to the university were of this age. Universities following the University of Paris pattern, predominantly made up of students in the faculties of arts, could be called 'juvenile universities'. The students of law, medicine, and theology were, as a rule, about four or five years older than those in the faculty of arts, apart from the exceptions made for those of high rank. The higher faculties and the law and medical univer24

25

26

P r a g u e (c. 1368): H . Jirecek (ed.), Codex Juris Bohemia, vol. II: 3 (Prague, 1889), 277, § 17; 2 8 1 , § 2 9 . C a e n (1457): F o u r n i e r (ed.), Statuts, v o l . Ill, 2 1 1 , § 1 3 . H . M a y e r (ed.), Die Matrikel der Universitat Freiburg im Breisgau, vol. I (Freiburg, 1907), iff. F o u r n i e r (ed.), Statuts, vol. I, 4 7 2 , § 17 (1313); G . Erler (ed.), Die Matrikel der Universitat Leipzig, v o l . I (Leipzig 1895), lix (1543 a n d fifteenth c e n t u r y ) ; G i b s o n , Statuta (note 4 ) , 392ff. (1564-5); t h e statutes of 1581, G i b s o n (note 4), 4 2 1 , leave a m a r g i n of twelve t o sixteen years. In Cambridge fourteen years, but here too with a later document, see Hackett, Statutes (note 4), 167 n. 3. A. H o c h m e i s t e r (ed.), Die Matrikel der Universitat Rostock, vol. I ( R o s t o c k / S c h w e r i n , 1899); Keussen (ed.), Matrikel Koln (note 2), vol. I, 35*ff.; 193"'? t a b l e 3; S. S t e l l i n g - M i c h a u d , L'Universitede Bologne et la penetration des droits romain et canonique en Suisse aux XIHe et XlVe siecles (Geneva, 1955), 82; D. Illmer, 'Die Statuten der Deutschen Nation an der alten Universitat Orleans von 1378 bis 1596', Jus commune, 6 (1977), 10-107, especially 79.

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Rainer Christoph Schwinges sides of the continent were, by contrast, 'adult universities'. For example, the 'novices' belonging to the German nation at the University of Orleans between 1444 and 1546 were almost exactly twenty years of age on admission to the university. In contrast with modern practices, the medieval concept of the student comprised a wider range of young age groups. 27 In fact, however, the matriculation oath was not as unavoidable as it seems. Not only was it possible to postpone the taking of the oath, but dispensations and limitations were also allowed for legal or social reasons. The mere additional formulae in licitis et honestis and often also pro posse concerning obedience to the rector and the statutes - reveal possibilities of evasion which the medieval casuists had little difficulty in elaborating. The status of the law university of Bologna, deriving from the first half of the fourteenth century, provided for a formal exception in the event of a justa causa - in other words, if there were good grounds for the exemption. Under the cover of the 'master's register' and of obedience towards 'one's magister\ this was also possible in Cambridge at a quite early date, without in either case any legal reason being adduced.28 Among the most important reasons for the practice were presumably conflicts of interest affecting persons who were simultaneously members of two groups legally defined as different. Thus, according to the fourteenth-century statutes, citizens of the municipality and the surrounding district of Bologna, Padua, Perugia, or Lerida in Aragon could not be forced to take the oath. They were, it is true, subject to the authority of the rector, but they were not, strictly speaking, members of the corpus universitatis and consequently could not be entered in any rectoral matriculation register. Political developments at the close of the fourteenth century led to change here, including a change in the matriculation itself- for which in Bologna, for example, a liber specialis was to be established. In addition, there were special regulations for members of orders, who either took a limited oath, in so far as their religious and university obligations could be harmonized, or first required the permission of their abbot or superior before taking the oath in full. In most European universities such exceptions were provided for without any formally enacted arrangment. There were special regulations, however, for the higher clergy and the higher nobility, especially for students who held the rank of prince, count, or nobleman and who were at universities in the Holy Roman Empire; the variety and social and legal status of the regional nobility were explicitly taken into account. Heidelberg was content with an 27

28

See c h a p t e r 7, p p . 195-202. C o n c e r n i n g t h e age of students, see R a s h d a l l , Universities, vol. Ill, 35zff.; M a y e r (ed.), Matrikel Freiburg (note 24), vol. I, lxxxviff.; M o r a n , Growth (note 6), 64H.; Universites en France, 9 3 ; R. L. K a g a n , Students and Society in Early Modern Spain (Baltimore/London, 1974), 32; Illmer, ' S t a t u t e n ' (note 26), 79; C o b b a n , Medieval Universities, 3 5 iff.. C. Malagola (ed.), Statuti delle universitd e dei collegi dello studio Bolognese (Bologna, 1888), 13; Hackett, Statutes (note 4), 211.

184

Admission affirmation of honour, Cologne had a special 'nobleman's oath', while Tubingen and Basle always adapted the form of the oath to the status of each new entrant. 29 Thus, the matriculation oath adapted itself to the student's position. It was an oath which varied with status so that the concepts of scholaris and membrum universitatis had the most varied content. The newcomer did not divest himself of his status on entry to the university, but entered a university which was just as much defined by inequality as the surrounding society. It was only in the upper-class setting of Italian lawyers in Bologna, Padua, Florence, and Perugia that distinctions of status did not have to be emphasized. As a result of this, everyone had to take the oath except the legitimate sons and brothers of kings.30 The pecuniary interest in the matriculation of students was at least as important as the legal consideration. The admission fees laid down in the statutes were applicable de jure for all students, but de facto they applied primarily to the vast majority of 'middle-class' students, who faithfully fulfilled the obligations of matriculation; thanks to their numbers, their fees kept the universitas alive. They were generally called divites, i.e. the rich. As a rule, the obligatory fee was determined by the weekly charge for maintenance. Over the long run, the sums specified in the statutes could naturally only be fictitious. In fact, the fees varied from one university to another, and, as a result, a distinction was drawn between 'more expensive' and 'less expensive' universities. Within the Holy Roman Empire, Rostock, Greifswald, and Erfurt belonged to the first category, while Leipzig, Cologne, and Vienna fell into the second category. In Italy, Padua and Florence were among the more expensive, while Bologna and Ferrara fell into the category of the less expensive.31 In some respects, the social atmosphere of a university was affected by this difference. Like the oath, the fees also had a social aspect. Depending on position and financial resources, the customary fee could exceed or fall short of the required fee, or it could also be waived. Many universities, particularly those in central Europe, had special paragraphs on fees in their statutes, in which fees subject to status were often dealt with in very differentiated fashion. According to rank and office, a particular fee above the average was required from the nobility and the senior clergy who were attached to cathedrals or collegiate churches. In addition, a donation over and above this was expected everywhere. Class behaviour and the practice of payment therefore caused 29

30

31

G. T o e p k e (ed.), Die Matrikel der Universitat Heidelberg, vol. I (Heidelberg, 1884), 190 a n d n. 1; Schwinges, Universitdtsbesucher, 378ff. a n d n. 19. H . Denifle, ' D i e Statuten der Juristen-Universitat Bologna v o m J. 1317-1347, u n d deren Verhaltnis zu jenen P a d u a s , Perugias, F l o r e n z ' , Archiv fur Literatur- und Kirchengeschichte, 3 (1887), 358; H . Denifle, ' D i e Statuten der Juristen-Universitat P a d u a v o m J a h r e 1331', Archiv des Mittelalters, 6 (1892), 410. See also c h a p t e r 7, p . 208. fur Literatur- und Kirchengeschichte Schwinges, Universitdtsbesucher, 424; R a s h d a l l , Universities, vol. I, 226; vol. II, 54.

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Rainer Christoph Schwinges those concerned to enjoy special privileges at the university. However, everybody else could also manage to obtain those privileges if the required fees were paid sub forma nobilis - as if the student were from the nobility.32 The proceeds of matriculation fees made up one of the most important sources of revenue for medieval universities, as grants from the state were rather meagre. Indeed, the universities were in great measure dependent on fees. For this reason, particular attention was devoted everywhere to the matter of fees. At many universities, therefore, 'matriculation' or 'registration' was not the popular term; instead 'intitulate' and 'intitulation' were used in acknowledgement of the financial element of the act of admission (intitulatura). Evidently, this was considered so important at the law universities of Bologna and Parma, that the terms matricula and liber solventium were used synonymously.33 Wherever possible, the rector and the treasurer were obliged to accept the payment of fees in cash and to record them with care in the register (dedit or solvit totum, for instance), or to note expressly deficient payments or the complete failure to pay the fees (for example, nihil dedit, petivit dilationem tenatur dare). On account of this, some of the registers kept by the rectors read like account books. Some of the fees went into the university treasury, while some went to the rector and his assistants to compensate them for their 'expenses' in administering oaths and intitulation. This introduced a certain element of arbitrariness into the system of payment, in so far as the rector was allowed a certain latitude to allow the partial or total waiver of fees. However, in the course of the fifteenth century, the rectors tended to be encouraged to be strict in the enforcement of the university's scale of fees on every newcomer, for fiscal reasons. The rector's discretionary power was limited to two groups of varying size, which can be categorized as belonging to the upper and lower ends of the student body. The group at the lower end were the pauperes, the poor students who wished to make use of the privilegium paupertatis of canon law to obtain a dispensation. At the other end, there were highly placed individuals and dignitaries belonging to the nobility and to the clergy, holders of the doctorate from foreign universities, as well as students enjoying special patronage, whose reverentia or testimonials conferred prestige and social benefits on the university; these were also granted dispensations. Naturally, the two groups differed markedly from each another. What was conferred on one group as a formal honour on admission to the university was often a matter of urgent necessity for the other group. 34 Poverty was no obstacle to admission, but in general no particular consideration was shown 32 33 34

Schwinges, Universitatsbesucher, 348-51. M a l a g o l a (ed.), Statuti (note 28), 74; P a q u e t , ' I m m a t r i c u l a t i o n ' (note 12), 166. Schwinges, Universitatsbesucher, 376.

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Admission as far as the payment of fees was concerned. Those who set the fees in each case had to examine the ability or inability of the student to pay. The poor students were urged to meet as far as they could the financial obligations connected with their matriculation. Strictly speaking, deferment of the payment of fees was to be allowed only ad pinguiorem fortunam, i.e. until the onset of better fortune. As a rule, formal admission to university took place in the sequence swearing the oath, payment of fees, and registration. If, as mentioned at the outset, the new student was actually able to write, then he sometimes entered his own name in the register. This, however, was normally done by the rector or the notarius - the clerk - of the university. The important registers of the German universities have almost all been preserved more or less carefully by university staff. Detailed information about the students was first written down on slips of paper and later transferred partly in chronological order, partly in the order of social status, to the general register. Thus, an ordinary entry in the Cologne University register, dated 14 October 1478, reads as follows: Conradus Pijckell de Swefordia, dioecesis Herbipolensis, artes, juravit et solvit. The student subsequently became the famous humanist under the name Conrad Celtis, from near Schweinfurt in the diocese of Wiirzburg; born in 1459, he entered Cologne University at nineteen years of age to study the liberal arts, took the matriculation oath in its entirety, and paid the usual fees.35 THE FREQUENCY OF MATRICULATION

Wherever general registers were, in fact, kept by the rectorates of the universities, they reveal the bases and motives for the university taking an interest in the numbers of new students. Some universities, such as Leipzig, Erfurt, and Ingolstadt, tended to count up the total of all matriculations since their foundation, thus expressing a collective consciousness that had a historical reference; the matriculation or the oath created a permanent membership and legal relationship. Other universities, such as Heidelberg, Erfurt, Rostock, and Greifswald, drew up a numerus intitulatorum from the records of the rectorate; this was probably connected with calculation of income derived from matriculation fees. Fluctuations in student numbers could thus be kept in view, particularly if figures of attendance remained static or were decreasing; the latter was always critical, and on occasion it could be an event that threatened the very existence of the university as a whole. Perhaps this was why, at the Universities of Orleans and Paris, for example, something which resembled at times an inventory of the universitas at a particular moment was

35

Keussen (ed.), Matrikel Koln (note 2), vol. II, 49, no. 18.

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Rainer Christoph Schwinges drawn up. 36 Until well into modern times, it was only the diminution and not the increases in attendance and matriculation which aroused a response. However, one of the most interesting and most momentous features of attendance at medieval universities is the fact that, in the long run, the number of students who matriculated continuously increased. In central Europe alone, from the middle of the fourteenth century to the end of the Middle Ages, almost a quarter of a million individuals acquired the status of a student. A conservative calculation suggests approximately that threequarters of a million students attended university in the whole of Europe over the same period. These figures have to be judged, however, in the light of the growth of the population of Europe as a whole during this period. Disregarding national and regional variations, the population fell sharply all over Europe as a result of the recurrent plague epidemics between 1348 and 1450. Then it became stable, beginning to rise gradually only in the final quarter of the fifteenth century. Accordingly, the growth in university attendance and the growth of population moved in opposite directions for some decades. In the Holy Roman Empire, where a precise account can be established because of the nature of the sources, the average rate of increase in the Reichsfrequenz (matriculations within the Holy Roman Empire) between 1385 and 1505 reached a high point of 1.75 per cent yearly, despite a concurrent decline in the population growth. 37 From the middle of the fifteenth century, between 2,500 and 3,000 students entered the universities of the Empire annually from Louvain to Vienna, from Rostock to Basle. The student body of the Polish University of Cracow also increased between 1400 and 1510, helped, however, by a high percentage of a mixture of foreign students who made up between 30 and 50 per cent of the total. 38 The supply of students, which was already high by medieval standards, was greater than the demand from the courts, the towns, the schools, the law courts, and the church. This was the first 'crisis of oversupply' in the German or central European university system. The crisis occurred after the 1480s, and it is possible that it occurred also in the western and southern European university 36

37

38

O r l e a n s 1412: F o u r n i e r (ed.), Statuts, vol. I, i94ff., n o . 263 M . Spirgatis, Personalverzeichnis der Pariser Universitat von 1464 (Leipzig, 1888). A d e c l a r a t i o n of intent in T o u l o u s e 1314: F o u r n i e r (ed.), Statuts, vol. I, 492, § 39. Schwinges, Universitdtsbesucher, 3off.; R . C . Schwinges, 'Universitatsbesuch im Reich v o m 14. zum 16. Jahrhundert: Wachstum und Konjunkturen', Geschichte und Gesellschaft, 10 (1984), 5-30, especially 14ft. 'Reichsfrequenz' is the sum of matriculations of those universities of the Empire in the Middle Ages which kept registers: Vienna, Heidelberg, Cologne, Erfurt, Leipzig, Louvain, Rostock, Greifswald, Freiburg im Breisgau, Basle, Ingolstadt, and Tubingen. Z. Pauli, B. Ulanowski, and A. Chmiel (eds.), Album studiosorum universitatis Cracoviensis, vols. I—II (Cracow, 1887-1892). Cf. I. Kaniewska, 'Les etudiants de l'Universite de Cracovie aux XVe et XVIe siecles (1433-1560)', in D. Julia, J. Revel, and R. Chartier (eds.), Les Universite's europe'ennes du XVle au XVIIle siecle: Histoire sociale des populations etudiantes, vol. I (Paris, 1986), 113-33.

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Admission regions. Furthermore, there are certain indications, at least, that the same occurred in England.39 The larger number - as many as 3,000 new students annually, which corresponded to a total capacity of more than 6,000 students anually40 - was essentially the result of the closing of the gap between the central European universities and their established counterparts in 'older Europe'. In contrast with France, England, Spain, Portugal, and Italy, the countries of central, eastern, and northern Europe developed a comparable university life of their own only relatively late. There was a time-lag of between 100 and 200 years. Not only was the gap closed by the end of the Middle Ages, but, as far as the Holy Roman Empire was concerned, a stage of parity had been achieved both with respect to the number of universities - which did not necessarily progress at the same rate - and the total number of students. Some of the old universities which are still in existence today and which have grown into large-scale academic enterprises had their periods of greatest growth in student numbers in the fifteenth century. It was only in the nineteenth and twentieth centuries that expansion again occurred on a comparable scale. However, there was no uniformity in the patterns of growth. As early as the late Middle Ages, an extraordinary variety emerged among the universities of Europe. Universities were of a wide range of sizes. It is extremely difficult, if not impossible, to draw on relatively reliable and comparable data for all of Europe. Nevertheless, the following can be stated:41 universities which were large by medieval standards, that is, universities with capacity for a minimum of 1,000 students and with a frequency of matriculation of at least 400 to 500 students annually - in short, universities with a relatively high power of attraction for students - were on occasion to be found in Paris, Toulouse, Avignon, and Orleans, in Oxford and Cambridge, and in Bologna and possibly also other northern Italian universities such as Padua and Ferrara. From time to time, there were also large universities existing in Prague and, after the second half of the fifteenth century, in Salamanca, Vienna, Erfurt, Leipzig, Cologne, and Louvain. Beside them there were medium-sized universities with a frequency of matriculation of about 150 to 200 new students annually in almost every European country, and there was a substantial number of small universities, too, with sometimes barely 50 matriculations a year. Cracow, Rostock, Heidelberg, Ingolstadt, Siena, Perugia, Naples, Montpellier, Angers, Perpignan, Lerida, and perhaps 39

40 41

Cf. G. F. Lytle, 'Patronage Patterns and Oxford Colleges c. 1 3 0 0 - c. 1500', in L. Stone (ed.), The University in Society; vol. I (Princeton, 1974), 111-49, especially n^tf.; T . H . Aston, 'Oxford's Medieval Alumni', Past and Present, 74 (1977), 3-40, especially 3off. For a stay of about two years. For the universities of central Europe, see note 37. See Schwinges, Universita'tsbesucher, for problems relating to numbers in matriculation analysis. See also C o b b a n , Medieval Universities, 121-2; Kagan, Students and Society (note 27), i96ff; Universites en France, 8off; contributions in Julia et al. (eds.), Universites europe'ennes (note 38), with further literature.

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Rainer Christoph Schwinges Lisbon-Coimbra belonged to the category of medium-sized universities, while Greifswald, Mainz, Freiburg, Basle, Tubingen, Cahors, Caen, and the city of Rome belonged to the category of the smaller universities, which flourished particularly in the post-universal, territorial epoch of the history of the European university. Piacenza, Pavia, Florence, and Pisa perhaps also fell into the same category, although here there are grounds for suggesting a larger estimate. There were undoubtedly many more smaller universities in France, Italy, and Spain, although at present there is no documentary evidence to support this. St Andrews and Glasgow in Scotland and Copenhagen and Uppsala in Denmark and Sweden, as well as the Hungarian universities of Pecs, Buda, and Pozsony, were also small; they were never free from the danger of going out of existence in the Middle Ages. Even in the sixteenth century, Scots, Scandinavians, and Hungarians continued to attend foreign universities.42 These differences in size were, to some extent, affected by the quality of the university towns as towns, as well as the standing of the region for which they served as centres. With the sole exception of the two English universities, all the large universities of Europe were situated in medieval cities with a population of over 10,000. They were all important trading and handicraft centres, market-towns or sites where fairs were held, and were located within an economic and geographical network. Because of roads and other means of transportation, they were ideally situated and easily reached. They either belonged to old, already consolidated areas of princely or municipal government, or were surrounded by or part of the areas which, since the fourteenth century, had been successfully organized by governmental authority. This was true of a majority of the German regional universities. All these propositions apply also, if to a lesser extent, to those universities which exercised only average or small powers of attraction. Some Italian universities are exceptional because the number of their matriculated students bore no relation to the population of the cities in which they were located, e.g. Florence. However, patterns were not rigid. There was no university in Europe which achieved a continuous increase in student numbers. The figures for matriculation, much affected by fluctuations in political, economic, and social conditions, often fluctuated several hundred per cent within a few successive years. Periods of growth alternated with periods of stagnation and the absolute size frequently changed. Paris, Orleans, and the universities of southern France, as well as those of Prague and Bologna, reached the height of their attractiveness in the fourteenth and early fifteenth centuries. At the time of 42

Schwinges, Universitdtsbesucher, 234-44; J. M. Anderson, Early Records of the University of St Andrews (Edinburgh, 1926); J. Pinborg, 'Danish Students 1450-1535 and the University of Copenhagen', Cahiers del'lnstitutdu Moyen Age Grec et Latin, Universitede Copenhague, 37 (1981), 70-122, especially 95ft.; S. Lindroth, A History of Uppsala University, 1477-1977 (Stockholm, 1977), 10; A. L. Gabriel, The Medieval Universities of Pecs and Pozsony (Frankfurt, 1969). 190

Admission the Council of Basle from 1431 to 1449, it was even feared that the University of Paris might lose all of its students. This was a matter of perspective, since Paris was probably the largest medieval university; the incomplete inventory of 1464 recorded almost 2,500 individuals, masters, students, and others connected with the university.43 Prague, which in the 1380s had become possibly Europe's largest university, just after Paris, fell back to the status of a 'midget university' after 1409 and almost completely disappeared from the university pattern of central Europe with regard to the attraction it exercised on students from afar. By about the middle of the fifteenth century, after a growth of more than 100 per cent, Cambridge managed to approximate to the size of the student body at Oxford. In the course of the fifteenth century, Bologna's star waned while the stars of Padua, Pisa, Siena, and Perugia rose. On the whole, the centre of concentration of matriculations in central Europe shifted greatly during the fifteenth century. It had moved from the south-east of the Holy Roman Empire in Vienna across central Germany Erfurt and Leipzig - to the north-west, to the large region which embraced the Rhine and the Low Countries and which was, at this period, economically and demographically one of the leading regions in the empire. The figure for matriculations at Louvain and at Cologne must certainly have been equal to those at Cambridge, Oxford, Padua, Salamanca, or Paris towards the end of the Middle Ages. Underlying these shifts were the consolidation processes which occurred all over the European university system, and which were, as a rule, borne by the larger and mostly older universities of the continent. The rise and fall in the number of matriculated students were not random phenomena. They were responses to events of fundamental importance which occurred outside the universities and which brought the universities and their students into very direct relationships with the surrounding society. These events followed a cyclical pattern; the many thousands of decisions made by individual students to attend university and to submit to matriculation were themselves cyclical in pattern. Although the process can be demonstrated only from German sources, it can be put forward plausibly as a hypothesis that can be applied to other universities.44 The fluctuations were determined by economic factors, which were as relevant to the pattern of attendance at universities as the increase in the number of students, and there were both shorter and longer cycles within the pattern. Even the cyclical process which underlay the growth of the numbers of students was variable, and was decisively altered on several occasions in the period between the fourteenth and sixteenth centuries. Structural variations in cycles of varying lengths in successive sequences of growth and stagnation are to be found in four different periods. There were two phases of growth, one between the late fourteenth century (around 1385) and approximately 43 44

Spirgatis, Personalverzeichnis (note 36), 3f. Schwinges, Universitatsbesucher^ 185-220. 191

Rainer Christoph Schwinges Table 6.1

Periodization of the history of university attendance

I Cycles of 7-11 years Louvain Cologne Heidelberg Basle (Tubingen)

II Cycles of 3-5 years Vienna Freiburg im Breisgau Rostock Greifswald

III Cycles of 2-3 years Erfurt Leipzig Ingolstadt

1480; this may be regarded as the 'take-off stage' of matriculations in central Europe. Then there were two periods of stagnation, one between about 1430 and 1450. The second, which had more of the features of a grave crisis, ran from 1480 to about 1505. This was the period leading up to the 'crisis of oversupply' in the Holy Roman Empire. These several cycles and their turning-points in about 1430,1450, and 1480 may be viewed as constituting a periodization of the history of university attendance - granted, of course, that individual universities did not necessarily conform completely with the general pattern; no two universities 'enjoyed a boom' in matriculations at the same time. Given deviations, three distinct patterns may be distinguished in the second half of the fifteenth century, as shown in table 6.1. These three groups disclose a coherent pattern. The longer cycles (I), which represent less severe fluctuations in numbers of students, were concentrated in places which were parts of the large western Rhine 'catchment area' along the main artery of traffic of the Holy Roman Empire. It was here, too, that the centre of gravity in the growth of student numbers was to be found in the late Middle Ages. There were pronounced economic fluctuations to a considerably greater degree in the numbers of matriculated students at the other universities; most intensively and most critically in a central region, more or less the 'heartland' of Germany (III), and somewhat less at the peripheries, in the Baltic sea region and in the south-east in the case of Vienna (II). The fact that Tubingen here was marginal (I) is less significant than the fact that the experience of Freiburg, in contrast with that of neighbouring Basle, does not belong to the category of Rhenish universities but is incorporated in category II, within a social and economic area under the dominion of the Habsburgs, which included Vienna. The reasons underlying this very heterogeneous pattern of numbers of university students, including the long-term 'education explosion' and the cyclical pattern of matriculation, had little to do with the internal life of particular universities. They had little connection with the characteristics of the institutions, the content of their teaching, or the personal qualities of their teachers. This was also true in the case of humanism, an intellectual movement which 192

Admission might have been expected to have precipitated an increased attendance at the universities. Instead, the academic centres of humanism in the Holy Roman Empire - Erfurt, Basle, Ingolstadt, Tubingen, and Vienna - suffered several decreases in numbers of matriculation at the end of the fifteenth century. Such, according to the known figures, was also the case in Italy.45 The reasons for these cyclical patterns lay outside the universities, not so much in spectacular events, such as wars, revolts, and plagues, but in fluctuations in agricultural prices and, through them, in a cluster of variables affecting the level of other prices in medieval agrarian society. Within the context of regional and supraregional geography, attendance at university and the conditions prevailing in the market in the area where the university was located were closely related to each other. As a rule, the correlation was an inverse one. Upward movements in the number of matriculations corresponded to periods of low prices; and periods of stagnation in the number of matriculations were concurrent with periods of high prices. Depending on good or bad harvests, the prices of cereals determined the disposition to matriculate; they even determined the students' social status. Periods of high prices depressed the numbers matriculating, and they simultaneously allowed the number of students from poor families to increase beyond normal expectations. The long-term secular decline in grain prices, the so-called agrarian depression of the late Middle Ages, was, however, advantageous for the urban economy and hence for the long-term increase in the numbers of matriculations as well; hence the 'education explosion', which lasted from the fourteenth to the sixteenth centuries. Attendance at university was always largely an urban affair,46 and the 'golden age of handicrafts' in the towns seemed to be also the golden age of admission to university. 45

46

R. L. K a g a n , 'Universities in Italy 1 5 0 0 - 1 7 0 0 ' , in Julia et al. (eds.), Universites (note 38), 155ff. See chapter 7.

europeennes

SELECT BIBLIOGRAPHY

Bowen, J. A History of Western Education vol. II, Civilization of Europe, Sixth to Sixteenth Century, London, 1975. Cantarino, V. 'Mediaeval Spanish Institutions of Learning: a Reappraisal', Etudes lslamiques, 44 (1976), 217-29. Engelbrecht, H. Geschichte des osterreichischen Bildungswesens vol. I, Von den Anfdngen bis in die Zeit des Humanismus, Vienna, 1982. Enseignement et vie intellectuelle (IXe-XVIe siecles). Actes du 95^ Congres National des Societes Savantes Reims 19jo, vol. I, Paris, 1975. Frank, I. Die Bettelordensstudia im Gefiige des spdtmittelalterlichen Universitatswesens, Stuttgart, 1988. Fried, J. (ed.) Schulen und Studium im sozialen Wandel des hohen und spa'ten Mittelalters, Sigmaringen, 1986. 193

Rainer Christoph Schwinges Garin, E. Ueducazione in Europa 1400-1600, Rome/Bari, 1957, 3rd edn, Rome, 1967. Julia, D., Revel, J., and Chartier, R. (eds.) Les Universites europeennes du XVIe au XVHIe siecle: Histoire sociale des populations etudiantes, Paris, 2 vols, 1986-89. Manacorda, G. Storia della scuola in Italia, vol. I, // medioevo, Palermo, 1913. Moran, J.A.H. The Growth of English Schooling 1340-1548, Princeton, 1985. Moraw, P. 'Uber Entwicklungsunterschiede und Entwicklungsausgleich im deutschen und europaischen Mittelalter, ein Versuch', in U. Bestmann (ed.), Hochfinanz, Wirtschaftsra'ume, Innovationen. Festschrift fur W. von Stromer, vol. II, Trier, 1987, 583-622. Orme, N. English Schools in the Middle Ages, London, 1973. Pare, G., Brunet, A., and Tremblay, P. La Renaissance du Xlle siecle. Les ecoles et Venseignement, Paris/Ottawa, 1933. Parias, L.H. (ed.) Histoire generale de Venseignement et de Veducation en France, vol. I, Paris, 1981, esp. the article by M. Rouche. Paul, J. Histoire intellectuelle de VOccident medieval, Paris, 1973. Piltz, A. The World of Medieval Learning, Oxford, 1981. Post, R.R. Scholen en onderwijs in Nederland gedurende de Middeleeuwen, Utrecht, 1954. Schmid, K.A. Geschichte der Erziehung vom Anfang bis aufunsere Zeit, vol. II: 1-2, Stuttgart, 1889-92; reprint, Aalen, 1970. Schwinges, R.C. Deutsche Universitatsbesucher im 14. und 15. Jahrhundert: Studien zur Sozialgeschichte des alten Reiches, Stuttgart, 1986. Le scuole degli ordini Mendicanti (secoli XH1-XIV), Todi, 1978. Verger, J. 'Universites et ecoles medievales de la fin du Xle a la fin du XVe siecle', in G. Mialaret and J. Vial (eds.), Histoire mondiale de Veducation, vol. I, Paris, 1981, 281-309. Wiihr, W. Das abendld'ndische Bildungswesen im Mittelalter, Munich, 1950.

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CHAPTER 7

STUDENT EDUCATION, STUDENT LIFE

RAINER CHRISTOPH SCHWINGES

THE STUDENT: CONCEPT AND TYPOLOGY

At European universities and in European societies the concepts 'university', 'faculty', 'doctor', 'master', 'student', and the like have been in use for virtually 800 years. Despite this long usage, however, the realities behind the words have only ostensibly remained the same. In general, modern notions are of little help when it comes to understanding medieval phenomena, and this is particularly true of the social phenomena of universities organized around groups of individuals. Particularly in a chapter devoted to the 'medieval student', one must be aware from the outset that concepts can be no more than linguistic shells housing a great variety of different meanings, each dependent on its age. One should therefore approach the matter gingerly, seeking to find neutral terms like 'scholars', 'enrolled members', or 'matriculants' whenever for reasons of historical fact or linguistic form - it is called for. For the sake of clarity, the term 'university attender' will be used in this chapter. When one surveys the European scene, it is striking that there is not a single university in any country for which one can paint a generalized picture of the medieval student - and this irrespective of century. The mere issues of admission and matriculation serve to show how diffuse the concept is: there was no more or less uniform secondary education, school and university shading into one another, and no hard-and-fast distinction was made between the concepts 'pupil' and 'student'. Both were members of the university and of the school. Students were also members of a great variety of different age groups - from children under the age of fourteen to adults in their twenties or thirties. Such institutions as the 'oath appropriate to rank' and the 'rank fees' rendered at matriculation ensured that the status of students was not equal even on a legal plane, let alone socially.1 1

Cf. chapter 6, pp. 177-86. 195

Rainer Christoph Schwinges That, however, is not the end of the story. In contrast to today, there were substantial discrepancies in status between those studying in differing faculties or 'specialist' universities, notably in the universities of arts or of law discrepancies which could occasionally break out into fullfledged discord. This was the case with the so-called secession in Prague in 1372 when, under the one roof of the studium Pragense, two universities with two rectors were established: on the one hand the universitas of the men of arts, theology, and medicine and on the other hand that of the men of law. The threat of such a development existed until the end of the Middle Ages and was even especially acute again in the opening phase of the University of Basle, when the students of law refused to make common cause with others attending the university. In the final analysis, the reason was always the mutual incompatibility of two social environments in one and the same universitas. Only with the emergence of the modern princely state and municipal government as bearers of the universities of the post-universal age could these dualistic tendencies be prevented. To keep up the old reserves and preserves it was sufficient to employ symbolic actions and exhibit a different life style. Modern notions are equally unhelpful when one enquires into the objectives the students had in studying. From the perspective of today, the great proportion of medieval university attenders would have to be classified as drop-outs or even failures. As late as 1500, it was by no means normal to sit any form of examination. The vast majority were satisfied to attend and belong. The social possibilities opened up by the university did not yet require control by a special system of entitlement based on examinations and graduation. Among those attending the medieval universities of Europe, at least five types of student can be detected. These types simultaneously make up a pyramid-shaped diagram of university attendance, the pyramid having a quantitatively broad base and relatively narrow apex. The first type is to be found in the faculties of arts. The student is, in the vast majority of cases, a young man of between fourteen and sixteen years of age, who is, as a rule, matriculating at a university for the first time and who meets the prescribed legal and financial conditions of admission as well as he can. His social background is likely to be 'middle-class', with a broad range from rich to poor, corresponding to the spread among overall university attenders. In all probability, he has previously attended the Latin school in his home region and has acquired at least a basic knowledge of reading and writing as well as of Latin grammar. He attaches himself to a master of his choice and begins in school-like fashion under the latter's supervision to deepen his knowledge in the arts cursus or, if that is insufficient, to bring himself 'up to date' with the so-called paedagogia. This does not, however, make him the typical beginner. Such a perspective would be anachronistic since it is not his intention to achieve at university all that could be achieved 196

Student education, student life there - up to a doctorate in medicine, theology, or law. His attendance is limited to an average duration of only 1.8 years (the estimate for German universities); the reality, however, is liable to have been below rather than above that figure. This type of student sits no examinations and acquires no academic title - and hence also no status in studio. The universities of the time called him the scholaris simplex. He is found most frequently in the developed four-faculty universities of 'younger Europe' as well as in 'older Europe' north of the Alps (see chapter 8), particularly in Paris and at the English universities. Not infrequently he accounts for 50 per cent or more of the total attendance and can therefore, with full justification, be described as the leading actor among students at medieval universities. The second type of student is also to be encountered in the faculties of arts. His university attendance is, at first sight, not much different from that of the first type. In age, prior education, and social background there is little to distinguish them, except that the proportion of poor students - in German and central European universities the figures can be given with exactitude rises as time goes by. This is presumably an indication of the fact that this second type represents, albeit on a very low level, hopes of social advancement via university and education. In contrast to the first type, this second types wishes to limit or - in the language of the time - to 'determine' his studies, i.e. to demonstrate the skills he has acquired. The goal is the degree of baccalarius artium, which can be gained after two to two-and-ahalf years working with the actus scholastici under a chosen master. The student is then about sixteen to nineteen years old. If one wanted to employ a modern analogy, one could compare this graduation with the secondary school examination preceding the one for university entrance. The bachelors of arts account - between 1350 and 1500 - for approximately 20 to 40 per cent of university attendance and are thus the second largest grouping, with incidentally the same 'spread' as the first. For fully two-thirds of them, this is the only degree which they will obtain or wish to obtain at university; it is the precondition for acceptance as a fellow in most of the colleges in Spain, France, or England. The third type, too, is associated with the faculties of arts, but has objectives which go beyond them. Starting as a rule with the baccalarius, this type of student acquires after two to three further years the degree of master of arts, analogous in the modern age to university entrance. By this stage he has usually reached the age of nineteen to twenty-one. The social background remains the same, although the proportion of poor students has gone down again substantially in comparison with the second type. If he does not leave the university with this degree - which is linked to a two-year teaching obligation in the artes, from which, however, dispensation is increasingly granted as the centuries pass - he then takes up studies in the higher faculties of medicine, theology, or canon or civil law. This 197

Rainer Christoph Schwinges 'master-student' is found throughout Europe, but most frequently at the universities which, by and large, followed the 'Paris model'. Only at first glance does he bear any resemblance to the freshman of today. The numbers themselves are markedly down when compared with the two preceding types. On average - though varying from university to university and from the thirteenth to the fifteenth century - he represents just 10-20 per cent of those in attendance. More decisive, however, is that, while still formally a student, he is simultaneously active in teaching, with the notions of student and professor being in many cases no longer clearly separable. The masterstudent, usually in theology or maybe medicine, teaches the younger members of the faculty of arts - those of the first or second type who have chosen him as their master. Around him congregates a clientele, his schola, his familia. Many students of this type finance through this source alone their further studies, the next 'hurdle' being the bachelor's degree of one of the higher faculties. More fortunate colleagues have access in addition to paid professorships, college headships, scholarships, prebends, and university or church bursaries. Such a master-student can assume a series of official functions: he can become dean of the faculty of arts and even, if he is held in especially high regard, rector of the university. The best chance of achieving this was always to be found in Paris, where the rector was chosen solely from the arts faculty. The fourth type of student is fundamentally different from the three previous ones. He encounters at university all the advantages of class and status which he has enjoyed elsewhere. He is already 'someone' before he ever crosses the university threshold. He is characterized by high rank, by high regard for his person and family of origin, by nobility, by the possession of church livings, or by 'middle-class' prosperity. If he is a member of the nobility or acts the nobleman, he arrives at university with a retinue oifamiHares - servants ranging from his private tutor to his groom. Socially, the typical and fitting place for him is not the faculty of arts, or the socially related environment of the students of medicine or theology, but the higher faculty or university of lawyers. His prior education to something approximating to master's level he acquires through private tutors rather than through schools for the public - or he attends arts courses 'alongside his main studies', without either having or desiring to demonstrate his knowledge in examinations. The teaching activity associated with graduation in the arts would be detrimental to his social status. The same holds even for degrees awarded by the higher faculties up to the level of doctor. Whether an academic title is appropriate to one's rank or - as usually the case with the higher nobility - unacceptable depends on one's social origins. Seeking social advancement through the university, as perhaps done by the average masterstudent, is something this type of 'student of rank' has no need of. He is found in all European universities, admittedly in greatly varying numbers. But 198

Student education, student life he is to be found above all in the law universities or law faculties of older, southern Europe. Up to and into the fifteenth century, the 'international' centre for students of rank from Portugal to Scandinavia, from Hungary to the British Isles, is Bologna. Thereafter Padua, Pisa, Pavia, Perugia, Siena, and other Italian universities close the gap in reputation and attendance figures. The Bologna matricula nationis Germanicae, which despite its name contains law students from almost the whole of central, eastern, and northern Europe, documents the numerous figures of rank and name from 1289 on. Major centres for students of rank are also the universities of southern France and Spain, in Avignon and Toulouse, Salamanca and Lerida, where the law faculties seem by themselves to outstrip in numbers those for the arts. Orleans is a similar case. North of the Alps in younger Europe, however, the situation is quite different, with four-faculty universities in which students of the arts form around 80 per cent of those in attendance and seem to set the tone even in large institutions. Here too, however, it is social quality which is of greater importance. It is a matter of pride to admit the prestigious student and he is accorded the customary privileges as if this were a matter of course. Preferred universities in central Europe are, for example, Erfurt, Basle, Freiburg, and Ingolstadt, the three latter serving, as it were, as a springboard for the Italian journey. Just as the master-student is characteristic of the Paris model, so the student of rank is characteristic of the Bologna model. He is also similar to the master-student in that, in the universities (and faculties) of his choice with Bolognese privileges, he assumes similar functions and can, for example, with the agreement of his peers, become rector. In universities following the Parisian model, on the other hand, he would at most, assuming he had sufficient social standing, accept an honorary rectorship. The fifth and last type would seem closest to the modern student, since it is his intention to conclude the major part of his studies with an examination and perhaps with a doctorate, too. As a rule this 'specialist student' continues his studies after his baccalarius from one of the higher faculties and takes a licentiate in medicine, theology, or canon or civil law or both - a degree which also accords teaching rights {licentia docendi) in the faculties in question. If he so desires or is in a position to afford it, he subsequently takes a doctorate. Like the modern student he, too, is well into his twenties or thirties. There, however, all analogy ends. The very numbers tell a different story. Having arrived at the pinnacle of the 'attendance pyramid', one discovers this type to be only the few remaining per cent of the total. Very few are to be found in the universities of younger Europe north of the Alps (2-3 per cent of all those in attendance at German universities), and most in the classical university regions of older Europe, in the strongholds of medicine and law in Italy and France as well as in the theological faculties at Oxford and Cambridge, especially during the fourteenth century. In the universities of Italy, admittedly, the numbers of specialist students from abroad is par199

Rainer Christoph Schwinges ticularly high; the majority of students and doctoral candidates come from what are called the German nations. This type is characterized by elevated social standing - knightly descent or membership of the urban 'upper class' or 'upper middle class'. For a poor student, it would take a mighty leap to reach this level, a leap hardly conceivable without intensive social support. What, however, notably distinguishes the medieval 'specialist student' from his modern counterpart is the fact that he is not out to find the crock of gold through university attendance and study, but has already found a firm footing in society well before or during his period of study: in municipal service, at the court, or most often in church offices. The licentiate and doctorate simply give him additional honours and prestige. These five ideal types - the scholaris simplex, the baccalarius, the masterstudent, the student of rank, and the specialist student - never constituted a closed system. A number of mixed characteristics always existed in reality. 'Course-hoppers' - almost exclusively students of law and medicine - can be observed who had not first passed through the arts courses but who nevertheless laid claim to a status akin to that of master, without necessarily being students of rank. Not infrequently, too, the social rules of old Europe could cut across the above categories. Social ties, friendships, kinship, patronage, and family structures could all influence status and study objectives. The individual ability of the 'student' and sound assistance from his teachers worked within these contexts. Special advantages, for instance, could be enjoyed by well-protected minors even if they were not members of the appropriate 'class'. Not capable of taking the oath but assuredly capable of study, they could - having as a rule attained the age of adjuration on completion of their fourteenth year - immediately be graduated if, for example, they had done the prescribed courses for the baccalarius artium. One prominent example of this is Philip Melanchthon, who took up his studies of the arts as a twelve-year-old in his home town of Heidelberg and became a master of arts in Tubingen at the age of seventeen; being the nephew of Reuchlin, he had been well provided for and given every encouragement, but had nevertheless taken a completely normal length of time over his studies. In such contexts one should exercise caution when trying to interpret the subsequent significance of early academic honours. There were, however, two common features which linked together all the student types. On the one hand, they were clerics - almost without exception in the early years of the universities and then in decreasing numbers, first in older, then in younger Europe. On the eve of the Reformation the clericstudent was probably already in the minority in Europe as a whole. This declericalization, however, should not be misinterpreted as being at the same time a secularization of the university or of university education. In the context of the developed university of the late Middle Ages, the term clericus is highly problematic. It denotes merely formal and legal membership of the 200

Student education, student life ordo clericalis, the legal purview of the church; in terms of a typology or social history, however, the concept is diffuse and wholly unrevealing. It can be used only to describe categories - in a broader sense from the pope down to the ostiary, the holder of the lowest consecrated rank, and in a narrower sense the holders of the so-called minor holy orders below the subdiaconate. In addition, when dealing with matriculated clerici one encounters problems of source interpretation. The state of being a clericus was, at least until the mid-fifteenth century, so common in Europe as a whole that the rectors, deans, or procurators of nations in charge of the matricula set no great store on systematically registering clergy membership. To calculate the proportion of clerics in individual annual cohorts of matriculants is hence of little use. It is only over a longer period that the above-mentioned decline can be traced. Being a clericus at university, however, came to mean less and less in terms not only of statistics but also of a way of life. The roots of this development are to be traced back to the early Middle Ages, to the beginnings of university growth, when the educational monopoly of the clergy was still intact and the litterati, the men of learning, could be equated with the clerici. The term clericus finally became a synonym for anyone who knew how to write: the path towards modern usage - clerc in French or clerk in English - was open. Following the same trend, the term laicus took on, beside its connotations of the non-ecclesiastical, a dimension of ignorance. In German university towns at the close of the fifteenth century, it was common to distinguish between priests, students, and laymen, thus emphasizing the intermediate position of the student - an emphasis at times verified linguistically by the term 'halfpriests'.2 Those 'half-priests' who had become clerici^ moreover, in the strict legal sense of belonging to minor holy orders, had not thereby taken on any obligation towards the church. This is demonstrated by the occurrence of clerici uxorati, married clerics, among students of all types. Such a student would merely make use of certain rights, of his own legal status for example, although, in the already privileged university, this was not so important as the inestimable benefit of possibly being in receipt of a church living with its guarantee of life security, if not of life tenure. For the many, however, especially for the growing throng of students up to the master type, such a post was no more than a possibility. Nevertheless, all this did not mean immediate secularization. Many took holy orders only after matriculating, during their term of study or even later. Yet it would be anachronistic to believe that the church was no longer the partner of the university, and even more so of those attending the university. Though never an institution of the church, the university was always close to it. The church remained the largest subsequent employer and wage-payer of medieval students, often even when 2

Rashdall, Universities, vol. HI, 393ff.; Schwinges, Universitatsbesucher, 4o8ff. 201

Rainer Christoph Schwinges they entered the service of kings, princes, lords, and municipalities; for powerful people of all kinds tried first of all to remunerate their graduate servants with church livings before reaching into their own pockets. At the end of the Middle Ages the secular world and the church were still not clear alternatives. The student-monks - mostly from the mendicant orders - who flourished in the thirteenth and fourteenth centuries in the strongholds of arts and theology (Paris, Oxford), and who accounted for most of the specialist students of theology at this time, are a special problem, to which this reference must here suffice. The world of the medieval student was thoroughly masculine. For the girl or woman student this world had no place - a fact for which the ecclesiastical ties were not responsible: even with the increasing declericalization of the universitas nothing changed in this respect. Ostensible exceptions can, as a rule, be accounted for by a particular social background, sometimes even by the closeness of a prince or king. Leading families, noble and bourgeois alike, above all in southern Europe, had their sons and daughters educated in like manner by private tutors and partly even by renowned university scholars. In this way some women achieved a high level of knowledge in all subjects, even in law, and were able - in the Renaissance Italy of the fourteenth and fifteenth centuries this was apparently not uncommon - to enter into contact with university circles as if they were 'students of rank'. Magdalena Buonsignori, for example, or Novella d'Andrea, the daughter of the celebrated and wealthy Bologna professor Johannes Andreae, studied in accordance with their rank and became famed scholars of law. Or there was the Latin scholar Dona Beatriz Galindo, who had evidently been educated in Salamanca close to the university and who was from there summoned to the court of Isabella the Catholic to give the queen instruction in Latin.3 Such exceptions, however, which seem, incidentally, to be restricted to the south of the continent, in the final analysis show only too clearly that the time was not yet ripe for the education of women within the universities. Nevertheless, women could legally be university members. As wives or maids of professors, as serving-maids, errand-girls, or cooks in colleges or student houses, they were considered university associates like the syndics and scribes, the apothecaries, the paper, and parchment-makers, or the book-printers. Consistent with this they were therefore also matriculated like the latter - the most meticulous instance seeming to be in the rector's matricula at the University of Louvain.

ORIGINS AND SOCIAL STRUCTURE

Whether one has in mind Salamanca or Bologna, Oxford or Paris, Cracow or Heidelberg, the medieval university was in every instance an organized 3

W. Steffen, Die studentische Autonomie im mittelalterlichen Bologna (Berne, 1981), 173ft.; Rashdall, Universities, vol. II, 88. 202

Student education, student life grouping of individuals, a 'societal community'. As such it was the faithful reflection of its surrounding society, living like the latter by the traditional rules of old Europe. Yet, though standardized and privileged in legal terms, it was, like every other universitas, burghers' community, guild, or church, far from matching its togetherness in law with a social togetherness which might annul the status differences of those attending it. Of social integration, lifting the university out of its environment and transforming it into an egalitarian community based on shared 'academic activity', there was not a trace. Like every other group within society, the university, too, was subject to the prevailing social and economic criteria of stratification, including the conditions of economic growth already referred to in chapter 6 in the context of matriculation figures. Thus every student-in accordance, as it were, with his type - brought his personal and family rank with him to the university, seeking either to maintain and uphold it there or, within the realms of social acceptability, to improve it. His origins thus predetermined the social structure and social image of each and every university in a decisive manner. A high proportion of simplices or master-students or even students of rank made all the difference in prestige - between older and younger Europe in general, as already noted, but also within the individual university networks of Europe. Origin had not only a social but invariably also a geographical dimension. The latter was fundamentally determined by what one might term the regional existence of a university community, the regionalism of a university being to a great extent governed by the regionalism of its university town. Just as the latter was the nodal point coordinating the social, economic, and cultural life of a region, so the university community equally laid claim to a heartland in which, as a social grouping, it could have its roots. Wherever a new university followed this rule it met with success and was, above all, ensured long-term survival. This held true both for the older universities with their informal origins and for the younger with their formal foundations. This underlying structure of regionalism has occasionally been misunderstood as narrowness; it should, however, be seen as propinquity, which has nothing to do with provinciality but a great deal to do with the functionality of the surrounding area. The dominant part played by propinquity was evident at all universities, both in central Europe and at its periphery. Even 'international centres' such as Paris, Avignon, and Bologna owed their century-long existence not to recruitment throughout Europe but first and foremost to their regional existence. The character of student origin naturally gave each university and indeed each of its parts - its faculties, nations, colleges, and students' hostels - a spatial identity of its own. This was true even in insular England, where Oxford and Cambridge each secured a distinct catchment area. In the final analysis, the upshot of all this is that, despite the numerous interchanges occurring over broad areas of the European university network, it hardly ever happened that one community prospered at the expense of another. 203

Rainer Christoph Schwinges All kinds of factors, from the mere nature of a place of origin as a town, market-town, village, or monastic or castle domain, through the number of inhabitants, the economic circumstances, the travel facilities, the churches, and the schools, up to and including the complex character of circumstances of rule and land-ownership and the question of the stability and continuity of local power, left their mark on university attendance and on the composition of the student body in both geographical and social respects. The wealth of observations possible here forces one to be selective. The background of all student types - and this is one of the most important findings concerning the universities of central Europe and the German lands was essentially urban. At the end of the fifteenth century, one town in two in the Holy Roman Empire (if one proceeds on the basis of around 4,000 towns and market-towns in the overall Empire, including the Netherlands) sent students to one or more universities. Consequently, the extremely rapid growth in student matriculation in the Empire was accompanied by a continuous process, whereby places of origin came to be increasingly concentrated in the towns. With the exception of England, where there was apparently a rural majority, this was also true elsewhere, for example in Poland, France, Castile, and throughout the classic town networks of older, southern Europe. Urbanization and university education were closely connected in scale. One should not for all that, however, underestimate the village and rural element in university attendance. It is true that, in the university system of the Empire, one naturally has to cope with marked regional fluctuations in the proportion of 'village students', yet similar to the municipal process, there was also a process of village and rural concentration, especially in the immediate vicinity of the universities. The university was peopled, according to the primitive polarizations of the general university statutes, by grand folk and small (magni and parvi) in a social sense, by rich and poor {divites and pauperes), by those of higher and of lesser rank {superiores and inferiores), and by especially marked illustrious, noble, honourable, and meritorious personages and dignitaries (illustres, nobiles, honesti, meriti, tenentes statum honestum, habentes magnos status), all of whom stood apart from the merely simple or common (simplex or communis). All, whether noble or not, rich or poor, had, it is true, in the event of any dispute, the right to the same statutory and duty-bound treatment by the rector or other leading university figures - yet students knew full well that their community, like any other social formation, was governed by an 'order of difference'. Meticulous and fitting regard for the personal rank of university members was seen as one guarantee of the continuing existence of the university, because no community could sensibly exist without such regulations of distinction. What was meant by this was by no means only the internal differentiation in terms of faculties and graduates, but even - and sometimes especially - in terms of such public matters as the 204

Student education, student life regulation of positioning for the public and non-public acts of the university at sessions, disputations, quodlibets, or church services, orders of procession for when the community presented itself to the outside world, even orders of enrolment for supplications to the pope, which in many universities even served as general ordinances, and not least even orders of graduation. Universities responded to the pronounced need of noble and bourgeois, clerical and lay people of the day to think in terms of rank and standing; as succinctly expressed at Oxford in the year 1432, all were always to be accorded the accustomed honours (consueti honores).4 Particular care was, of course, called for when, at the start of a procession, an order of seating according to graduation or social status had to be transformed into a moving column with university members aligned alongside and after one another. The university proctors and 'protocol officals' specially appointed for the task had to supervise both seating and marching order. One can be sure that, within the formal framework of statutory orders, there were informal wrangles about the placement of individuals. University servants were threatened with severe fines if they ushered somebody ad locum sibi non competentem - to a place not fitting for him. After the rector were placed students of rank and specialists, both thus coming before, or at least alongside, the doctors at the apex of the graduate hierarchy; then came the master-students on a par with the lower students of rank - the university also thus demonstrating the reality of social inequality in nobility and church; and finally, the baccalaureate students and the throng oisimplices, who in theory came from all faculties but in practice tended to be from the arts. The world of the university and the world outside were deliberately interlaced - racione gradus aut status, as it was put in Vienna, according to academic rank or social position.5 This can be seen in more or less distinct form at all the universities of Europe. Many of them had rigid, formal ordinances which read almost like administrative regulations - for example, those in Prague, Vienna, and Heidelberg, in Erfurt and its entire 'statute family', in Oxford and Avignon, Toulouse, Aix, Bordeaux, Cahors, Valence, Dole, Orleans, and Caen, and in Coimbra, Salamanca, and Huesca as well as in Perpignan, which at that time belonged to Aragon. For many universities - for example at Paris, at Cologne, and at its 'daughters' Louvain and Copenhagen as well as at most Italian institutions, for example Bologna, Perugia, Pavia, and Florence - informal rules were clearly sufficient, without the differencia to be regulated for ever being forgotten on either side of the Alps. The ordinances listed, which covered a period of around 200 years, from the early fourteenth century 4

5

Schwinges, Universitdtsbesucher, 343ft.; S. Gibson (ed.), Statuta Antiqua Universitatis Oxoniensis (Oxford, 1931), 2.39. R. Kink, Geschichteder kaiserlichen Universitdtzu Wien, vol. II (Vienna, 1854; reprint, Frankfurt-am-Main, 1969), 91, no. 14. 205

Kainer Christoph Schwinges (Toulouse 1313) to the close of the Middle Ages (Valence 1490/1513), werecompared with each other - certainly stable over a period of time, as is to be expected from statutes, but nevertheless sometimes becoming more severe and exact as time passed (though it was not until the fifteenth century that some universities put in written form what they had presumably always practised). Besides placement, other visible tokens of rank were differing fees, tied to faculty and status, paid on entering the university and its subdivisions. Noble birth, high standing in church and society, and the readiness to pay high fees were always convertible into privileges that could be exploited throughout the university. During teaching, prelates, and the sons of the aristocracy and monied aristocracy naturally sat in the front rows. As in the university churches during meetings, services, and disputations, so in the lecture halls as well, the seats at the front were reserved for the nobiles, honesti, and notabiles -the noble, honourable, and high-ranking. In Aix-en-Provence, such 'separate seating arrangements' were explicitly justified in the new statues of 1420-40 by the argument that it was not seemly to place high-ranking people on the same level as lesser mortals. Always, however, students of (urban) bourgeois origin had the possibility of buying themselves a statum honestum on the 'noble bench'. For the universities of medieval Europe were from the outset urban phenomena, responsive to the economic power and culture of the bourgeois majority. It was even possible, as at the Prague law university after 1372, to acquire higher social prestige after the event and as it were, in instalment payments, by subsequently adding to the normal seating price first paid the price difference for the noble bench. In the 'refined milieu' of Orleans, a gradation in seat prices was fixed as early as in the statutes of 1307: for a place in the first row ten shillings were payable, for one in the second six shillings, for the third four, and for the fourth and every subsequent row two, unless one were excused by poverty - which, however, amounted only to saying that the poor student had virtually no chance of ever getting farther forward than row four.6 Roughly speaking, the student body normally consisted of three strata: the large central stratum of the rich (divites) was flanked on either side by more or less broad peripheral groups against which it stood out: above, the nobility, church dignitaries, and other people of status {nobiles statum tenentes), and, below, the poor students {pauperes). This division into nobiles, divites, and pauperes was to be found throughout Europe, occasionally expressed in different terms - for example in the Iberian peninsula where the corresponding distinction was between ricos, medianos, and pobres? In addition, there was a 6

7

Aix: Fournier (ed.), Statuts, vol. Ill, 12. § 32. Prague: Monumenta Historica JJniversitatis Carolo-Ferdinandeae Pragensis, vol. II, Album seu Matricula Facultatis Juridicae Universitatis Pragensis (1371-1418) (Prague, 1834), 162. Orleans: Fournier (ed.), Statuts, vol. I, 23, § 30. C. M. Ajo Gonzalez de Rapariegos y Sainz de Ziiniga, Historia de las Universidades HisSy vol. I, Medievo y Kenacimiento Universitario (Madrid, 1957), 387 (Lisbon—Coimbra). 2O6

Student education, student life plethora of intermediate forms from half-rich to half-poor, which reveal awareness of the fact that none of the social strata could be socially homogeneous and that there were grey areas in both the upper and lower regions. It goes without saying that, quite apart from the European north-south divide, all these things were also subject to temporal change. University attendance was neither a matter of course for the nobility of the Middle Ages nor at all necessary. The host of privileges which the universities granted, especially to the students of noble rank, bore no relation to their numbers. Probably, they nowhere exceeded the proportion of the nobility in the population at large. The lay nobility, whose political and military functions were still dominant, had no need of a university background. The case was somewhat different for the noble clergy, who came via their benefices at cathedral and collegiate chapters to the university, even if only to do the prescribed biennium, the two-year training course within the framework of the basic arts or, mostly, the basic law programme. Yet even clerical nobles remained relatively few. It is true that the universities of older Europe had, almost as one might expect, somewhat higher numbers of student-noblemen than those of younger Europe, above all in the fourteenth century in the vicinity of the French or papal courts at the law universities of the Midi, but also those of Italy and Spain (Salamanca, Lerida) - and this irrespective of the fact that many of these universities, such as Avignon, Montpellier, Bologna, and Padua (Orleans should also be added), were centres of international rank, goals for the educational journeys of the European aristocracy. In the Holy Roman Empire, but also in Poland and England, the attendance figures for students of noble rank rose only in the last decades of the fifteenth century at the dawn of the modern period, when the nobility of Europe as a whole set about regaining lost ground in state and church in the only way open to them, in view of the severe competition from a bourgeoisie now self-confident in the social and economic spheres and increasingly well educated at school and university. In order to counter education and training with more than just honourable birth, they likewise decided to embark on university education - a step which was all the easier to take as they did not have to forgo their accustomed privileges. Apart from the aristocracy and high ecclesiastical dignitaries, who as a rule sought to be near popes, kings, princes, or high-ranking churches, the overwhelming majority of students all came from within the vicinity of the universities. A tightly spun web of social geography comprising familiae, table companionship, and patronage groups, mostly based on kinship, friendship, or compatriotism, surrounded the university. In the medical university at Bologna, for example, brothers, sons, and nephews were given preference over others as a matter of course and in 'full knowledge of the statutes'. High-ranking men in the church and at court, members of parliament in England, university professors, legal scholars and practitioners, merchants, 207

Rainer Christoph Schwinges and burghers (especially town councillors) - such was the family background of the proteges. Admittedly, they often arrived at university without office or title and hence were 'not yet anybody', but this was more than compensated for by their origins and connections. And yet, for all this, this exclusive group, exempted from the normal fees even at matriculation on account of their 'wealth of connections', were only the tip of the proverbial iceberg; familia structures for the most part permeated the entire student body. Of all the strata in the student body it is precisely the most numerous whose composition is the most difficult to grasp. If one follows the sources, above all the matriculae, one can characterize this broad central stratum of the rich {divites, solventes) only from outside, from what it is not. Its members were neither of rank, nor already in office, nor again linked to a clientele, nor finally dependent on remission of fees like the poor. About where they came from, about the standing and profession of their fathers or other relatives, medieval sources - the named excepted — rarely give any information. The members of this central stratum have only one thing in common: on their path through university, faculty, nation, and college, they always and everywhere paid the fees and honoraria demanded. Small wonder that they were described as divites pure and simple. Through all the economic, political, and demographic fluctuations of the age, the universities of older and younger Europe alike, the strongholds of law and of the arts in equal measure were continually concerned to attract a sufficiently large number of rich students to ensure their continuing viability. Divites were the representatives of almost all the collective characteristics of university attenders from the simplex to the specialist student. The patterns of living and studying were geared to them, above all. After all, they were the ones who really carried the university in a social and financial sense, thus helping substantially to guarantee its regional existence. Like every stratum, that of the divites was rich in social gradations. Doubtless there was little difference from the social stratification in the place of origin, since every person who matriculated brought with him his rank and that of his family. An analysis of stratification would hence have to be transferred from the university to the place of origin, where the students' families and their position in the local social matrix could be traced. Here, however, there is a lack of local research into the correlation between university attendance, education, and stratification in towns and villages, both on a regional and, even more so, on a national and international level. In addition, in most European countries, the very prerequisites in terms of university sources, which would make such an undertaking feasible, are absent. And so one must rely on conjecture. For the Holy Roman Empire, one fact can be established by way of comparison: in the course of the late Middle Ages, and with special impetus in the second half of the fifteenth century, there was a push to university education by a group from the leading political and economic echelons of 208

Student education, student life towns great and small - a group restricted in rather large numbers but largish relative to the population as a whole. In the university towns of Cologne, Heidelberg, and Vienna these people were members of merchant, commercial, and often burgher families with entrepreneurial tendencies and the capital to match. Their activity and comparatively higher incomes were paralleled by higher matriculation numbers. In contrast, although the 'golden age of the craftsmen' did admittedly bring the greater number of their sons to university, they were less strongly represented in comparison with their presence in the population at large. This did not, however, prevent the majority of them from joining the broad circle of students of adequate means in the central stratum. It seems as if the merchant and craftsman professions characteristic of the many different towns - in conjunction for the most part with generally higher incomes - displayed the greater attraction to university education. Among the families of origin in the crafts, the armourers of Cologne were matched by the shoemakers of Heidelberg and the pewterers of Vienna. Within the Holy Roman Empire, all the above holds equally true for those of village and country origin. The poor (pauperes) - without means, often without name (family name), and above all without connections - formed a problem group at the lower end of the community, in many respects disadvantaged, to a large extent separated from the other student groupings, and even lacking in cohesion among themselves. The medieval university had no social commitment to improve their lot. On the contrary: the path through the university held far more obstacles for them than for others, all the more so since social attitudes towards poverty took a turn for the negative in the period 1200 to 1500, the old idealization of voluntary poverty becoming a thing of the past. The universities - i.e. the rectors, treasurers, and accountants, the doctors, masters or master-students, and specialist students, who often lived, as it were, as educational entrepreneurs from the revenue from fees and honoraria - were increasingly demanding: individual solvency or insolvency was appraised from the standpoint of total self-interest. Only thereafter did they accept or grant a certificate of poverty. The University of Freiburg im Breisgau kept a special book, the liber taxatorum, to keep a check on the recognized poor. Nulli parcere - to spare no one - was the strictly kept precept in Erfurt.8 There existed all kinds of facilities for the poor: dispensation from fees, special lectures, or the awarding of doctorates by the pope - in forma pauperum. However, these facilities had connotations of social lowering and were, at best, commitment through passive encouragement, which, in the final analysis, helped only to cement the marginal position of the poor. Moreover, scholarships and special places for pauperes were a rarity, particularly at the end of the Middle Ages. Nor were they to be expected accord8

H. Weissenborn (ed.), Aden der Erfurter Universitdt, vol. I (Halle, 1881), 12. 209

Rainer Christoph Schwinges ing to the traditional rules of community in medieval societies. A pauper's living or a place in a hostel for poor students (domus pauperum) was allocated not according to proven want and actual need but often according to the quality of the social ties between the usufructuaries and the benefactors, who were invariably private individuals and who everywhere gave preference to relatives, friends, and compatriots. Scholarships in English colleges, as Rashdall remarked, 'were filled with men whose parents were quite well able to pay for the support of their sons', 9 and elsewhere in Europe things were no different. Among the first institutions to break through this kind of social conditioning, at the close of the fifteenth and the outset of the sixteenth century, were the Standonck Colleges. The theologian John Standonck from Mechelen, who, though himself the son of a poor cobbler, had attended university in Louvain and Paris, knew the situation of the pauperes at first hand. Colleges named after him appeared first in Paris at the Collegium Montaigu in 1490 and later in Louvain - whose statutes explicitly admitted only the genuine poor and not the sons of the rich and mighty, as improperly occurred everywhere. If, however, one believes Erasmus of Rotterdam, then the poorhouse of Montaigu seems to have been a pretty wretched place with a repressive style of management.10 Nevertheless, between 15 and 20 per cent of the students attending the universities of both older and younger Europe at least north of the Alps - were poor, though the exact figure depended on the economic cycle. Indeed, the poor were not easily shaken off their university attendance by external influences (e.g. wars and plagues) - with, of course, the exception of rising prices. There was no sharply defined boundary between 'rich' and 'poor' at the universities but rather a fluctuating border crossed and recrossed by 'commuters on the economic cycle'; in the matriculae they were fittingly described as semidivites or semipauperes. Poor students often ignored the universities close at hand, preferring the large and above all cheap universities with less social prestige in the big cities of easy access (in the Holy Roman Empire: Vienna, Leipzig, Cologne, and Louvain; and the AngloGerman nation in Paris). Here they could still live relatively cheaply even in periods of crisis and perhaps had a better chance of finding occasional jobs or of begging. In this environment of poverty, the only ones who could attend university according to the social rules were those who successfully managed to acquire a social partner by acting as a live-in servant {famulus). Such positions - mostly within the framework of the university and far removed from mere occasional jobs - were obtained by patronage. Recommendations from acquaintances, friends, and relatives and often also the same place of origin as the master proved more decisive than the 'free market'. The social advantage 9 10

Rashdall, Universities, vol. Ill, 412. M. Godet, La Congregation de Montaigu (1490-1580) (Paris, 1912.), 3iff., 144. Erasmus: C. Dupille, Les Enrages du XVe siecle. Les etudiants au Moyen Age (Paris, 1969), ii3ff. 2IO

Student education, student life of belonging to the familia of a university teacher (of as high a rank as possible) perhaps made up for the onerousness of service. At least, this form of student support seems to have been the type most suited to the Middle Ages. STUDENT ASSOCIATIONS

Although the medieval university was organized in individual bond groups, it was not organized hierarchically. Faculties, nations, colleges, student hostels, and other groups were, for all the variety of the respect in which they were held, relatively independent units on a shared organizational level. They were sectional parts with many areas of overlap, though linked together like the cells of one organism drawn from among the individual families of doctors and masters. The oldest and at the same time the most significant groups to which those attending universities belonged were the 'nations'. 11 Their heyday, admittedly, was limited by and large to the universal phase of European university history before the schism of the papal church in 1378 and was hence necessarily confined to the universities of older Europe in the west and south. Largely independent of linguistic, political, and geographical boundaries, university nations were anything but nationally-minded constellations or even agents of national ideology as the term 'nation' might suggest. Nations were rather organizations of convenience based on like interests ranging from the welfare of members to a share in the government of the overall university. Accordingly, wherever they sprang up, the nations defined themselves as fraternitates, societates, congregationes, corpora, or collegia - as brotherhoods, associations, congregations, corporations, or colleges; they were the living communities in the university towns and cities, which for most students constituted an unknown, alien environment. Their significance and weight varied greatly from one university and country to another, depending on the influence of their representatives (procurators or councillors) or on the political and social government of the university (for example, in the election of the rector). It also depended - a factor directly connected with the above - on the student group from which the majority of their members were typically drawn. Here one can observe a substantial disparity between the older and the younger social forms: in Bologna and other law universities, where the administration tended to be decentralized, the students of rank and specialist students were in preponderance; in Paris, it was the baccalaureates of arts and the master-students who dominated, to the complete exclusion of the simplices, who were not even registered in the matriculae of the nations and gained entry only through being linked to a master; and in the younger universities, which already had a central admin11

Kibre, Nations, 137 ff. See chapter 4, pp. 114-16 and chapter 9, pp. 282-4. 211

Rainer Christoph Schwinges istration - such as Prague, Vienna, or Leipzig - all student types were represented, but in proportions which meant that precisely the simplices were the overwhelming majority of the 'regular' members. The latter were thus the social linchpins of the nations there but they did not have a parallel political function and were hence of only subordinate importance. In the jobs they performed for the communities, however, all nations more or less resembled one another: they all had their own leaders and administrators, procurators, proctors, money-receivers, and notaries; they all had their own seals, matriculae, and budgets; they took care of discipline and organized supervision and training courses; they had their own celebrations and special church services, thus honouring their own patron saint; and the longer the Middle Ages continued the more they saw it as their paramount task to support their members away from home and in any situation of danger, to give them succour in times of need and illness, and, in the event of death, to arrange a worthy funeral. Alongside nations, colleges, halls, and bursae, there was also a wide variety of completely free student associations, of which, however, little is known. Many ostensibly had organizations like the then customary brotherhoods of merchants, craftsmen, and priests. One of the rare examples hails from Avignon, where in 1441 more than 200 students of law founded a Sebastian's Brotherhood. Under the leadership of a prior and twelve-strong advisory council it was to organize common divine service and processions, to foster communal and harmonious living among its members, to care for them in times of illness and want, to support them in conflicts with outsiders, and, if need be, to give deceased brethren a decent burial. These were the same tasks as were otherwise performed by nations, only here the origin of the brethren was of no significance. Elsewhere, student brotherhoods with a regional or local emphasis were formed. One of these was the Brotherhood of 'Our Dear Lady' for Paris students (mainly of arts) from Ypres, which received official approval in 1331; in Paris it had links with the Picardian nation. The special thing about this kind of community was that it brought together in their place of origin students and non-students, present and former students, clergy and laity, men and women, and, beside the usual functions of a brotherhood, also concerned itself with the financial support of students. In Italian university towns, students, craftsmen, and merchants from north of the Alps came together in unique societates which pursued common religious and cultural but also economic interests. Thus, in Perugia, there was from 1441 a documented Franco-German Confraternitd or Compagnia degli Ultramontani do theodeschi e franciosi. In the course of the fifteenth to sixteenth century, its organization was taken over by the students (mostly lawyers), who then gradually forced the others out. Eventually, the two nationalities also separated.12 12

Fournier (ed.), Statuts, vol. II, 417-20, 44off.: P. Trio, 'A Medieval Students' Confraternity at Ypres: the Notre Dame Confraternity of Paris Students', History of Universities, 5 (1985), 212

Student education, student life Below the formal level of the university and its sectional units, table companionships, and brotherhoods, students of all types met in small groups which had often coalesced on the journey to the university town and had been continued during the time of study. Forming groups and joining motley travelling associations were nothing uncommon, given the general hazards of medieval travel; these small groups, however, were something special. They were entered by the university rector in the general matriculae and thus received a good deal of attention from university officialdom. On account of the sources, admittedly, these small groups can be observed only in the universities of central Europe, from Louvain to Cracow and from Rostock to Vienna; there, however, they are so omnipresent on the scale of 15 to 30 per cent that - not least in the light of the 'Italian journey' phenomenon - one can probably view their existence as the general state of affairs.13 The composition of the groups and the number of their members varied. There were groups of masters and students, groups of monks, groups of noblemen with their retinues, groups of relatives, and, as the substantial majority, open groups of compatriots. The close identity of home region, which obtained so often, defined all five types. Numerically, the type found most frequently at German universities was the 'cluster of two' or Paargruppe (70 per cent). This was clearly the most appropriate type of group formation, both on the journey to university and at university, in the bursa and the familia of the master: quite apart from the student world, it was a basic pattern of medieval mobility in general, affecting other social forces as well, such as the journeyman-craftsman. It was, above all, the equal rank of the members that gave these small groups - with the exception of the lord-and-servant groups their stability. Poor and rich students mostly kept company with their peers.

LODGINGS

Over a long period of time, nations and faculties employed for themselves the term collegium, as befitted their character as individual bond groups. Alongside them there had existed since the thirteenth century a further sectional unit of the university, for which the term collegium was also used, denoting a more rigid form (more of an institution, a specific form of organization and living for students of all types). This institution was - it could hardly have been otherwise - close to the church, in part even down to its architectural shape, being comparable in form both to the monastery and to the colle-

13

15—53; F. Weigle, Die Matrikelder deutschen Nation in Perugia (1579-1727) (Tubingen, 1956), 8. See also chapter 9, p. 285. R. C. Schwinges, 'Studentische Kleingruppen im spaten Mittelalter', in H. Ludat and R. C. Schwinges (eds.), Politik—Gesellschaft—Geschichtsschreibung. Giessener Festgabe fur Frantisek Graus (Cologne/Vienna, 1982), 319—61. S. Stelling-Michaud, L'Universite de Bologne et la penetration des droits romain et canonique en Suisse aux XHIe et XlVe siecles (Geneva, 1955), 82ff.

213

Rainer Christoph Schwinges giate church. The architectural configuration of the college, that is to say, buildings grouped in a square around a central court and generally including a dining-hall, living-rooms and bedrooms, a kitchen and cellar, a lecture hall, a library, and a chapel, was in its developed form to leave a decisive mark on the institutional self-understanding of the university, first in older and then in younger Europe. One of the very first, the renowned college of La Sorbonne in Paris, founded in 1257 by the chaplain of Louis IX, Robert of Sorbon, formulated the central idea of the future college system in exemplary fashion: vivere socialiter et collegialiter, et moraliter, et scholariter — a formulation which implies the existence of a study community organized in the form of a brotherhood and living together in regulated and moral fashion.14 As opposed to mere hostel foundations and elementary forms of collegial living, such as the College des Dix-huit with beds for eighteen 'poor clerics' in the hospital of Notre-Dame (1180), or the College des Bons Enfants de St Honore (1208-9), t n e 'Sorbonne type' brought with it two novelities, above all. On the one hand, such institutions were endowed with at times substantial holdings in land, property, and fixed-interest capital, which could be considerably increased during the course of the Middle Ages by the acquisition of benefactions and by ground-rent. In addition, they could have special privileges which, for example, facilitated cheap housekeeping by granting the right to produce or to import duty-free commodities such as bread, meat, beer, and wine. The college fellows benefited from all this, as if they were holders of a scholarship. They received free board and lodging and a weekly allowance the bursa (purse) - and, not infrequently, even a contribution towards their summer and winter clothing or academic dress. The number of college members {bursarii, collegiati, socii) corresponded to the financial strength of the individual foundation. The length of stay in the college was in principle limited: in practice, however, it was extremely flexible even within one and the same institution. On the other hand, there was a new pattern to the day, regulated by the college's own statutes, with most of the time taken up by disciplined studying. The latter was, it is true, still strongly indebted to church models, but it can be seen as the first pedagogical scenario for communally organized study outside the educational world of the church and monastery. At first, this activity was restricted to repetition of an exercise in material encountered outside. During the later Middle Ages, however, university courses in all subjects, but especially in the arts and in theology, were transferred into the colleges themselves. At the end of our period, the situation over much of Europe was dominated by the colleges, above all in England and France; in Paris, in 1445, it was baldly said that the entire university was situated in its 14

P. Glorieux, Les Origines du college de Sorbon (Notre Dame, Ind., 1959), 17. 214

Student education, student life colleges, and this statement held equally true for Oxford and Cambridge.15 By then, even non-college members were attending the college courses. The faculties did little but organize examinations and award degrees. In this form, the college system also exerted influence on other spheres of education, for example on the famous English public schools of Winchester (1382) and Eton (1440), on the arts and grammar schools in Languedoc, instituted by Pope Urban V (1362-70), and also on the extra-university study foundations in Spain, from which subsequently, through papal grants of privileges and the right to award doctorates, the new type of 'college university' could emerge first in Sigiienza (1476-89), and then also in Alcala (1499) and Seville (1502-5). The constitution of the colleges was essentially no different from that of the other sectional parts of the university. They took care of their own privileges and statutes, and ran their own administration over a varying range of affairs. Just as nations and faculties were under the proctor and dean, so all college members and their associates, servants, and chaplains came under a principal (a dean, rector, regent, or warden), who was himself more or less stringently responsible for his college to the university governing body, to the chancellor or the diocesan bishop concerned, to superintendents appointed by princes or municipalities, or to especially instituted visitors. The colleges were clearly moulded by the social milieu of their age. This was due in part to their founders and conditions of foundation. The benefactors were usually the great figures of the land: kings and queens, princes and princesses, together with the remaining aristocracy, the pope, cardinals, bishops, and canons of major churches, councillors to kings and princes, municipal authorities, and even professors, who admittedly had habitually earned their foundation capital through some characteristic dual role as men of the church, personal physicians, law scholars, or court theologians. Bourgeois foundations were still rare in comparison, even if behind not a few royal or princely names (e.g. Queen's College Cambridge, 1448) there was a good deal of bourgeois money. Those most likely - qualitatively and quantitatively speaking - to emerge as benefactors were personages in high offices of state, court, or church. This was the case in Paris with Robert of Sorbon, the royal chaplain and canon of the cathedral of Notre-Dame and - to name but a few instances-in Bologna (Collegio di Spagna 1364) with Cardinal Gil Albornoz, dubbed the second founder of the church state, in Valladolid (Colegio Mayor de Santa Cruz 1479) with Cardinal Pedro Gonzales de Mendoza, the chancellor of Castile, and, it would seem, especially in England with English prelates: all the larger English colleges were founded by bishops who were or had been lord chancellor of England, as for example was the first, Merton, founded by Walter de Merton, bishop of Rochester, in 1264. The selection is, at least in geographical terms, not entirely arbitrary, for such benefaction 15

Rashdall, Universities, vol. I, 519.

"5

Rainer Christoph Schwinges was, until the close of the Middle Ages, a phenomenon more of the west and south than of the remainder of Europe. Whatever the rank and size of the foundations, the motives of the founders were usually similar. However much they changed in the course of the later Middle Ages or were complemented by charitable, educational, intellectual, or political factors, two fundamental motives - one religious and one social remained relatively continuous. The first was a formal religious motivation, in that the foundation arose out of concern for the founder's own soul and that of his family (donatio pro anima). College members, as beneficiaries, had the duty of rendering perpetual prayer and divine service for the founder's salvation. Closely connected with this as part and parcel of the life pattern of traditional societies were social motives. It was not that the founders had social engineering at heart. In the Spanish College in Bologna, even highranking members received elemoysinas - alms - but the reality of the allocation of places allegedly reserved for pauperes belied the name.16 The social motivation had instead a familia character; naturally, this was first and foremost true of secular foundations and less of those of monastic orders. The chance of college membership was closely linked to the local and regional network of the founder's familia^ be it that of a prince, of the church, of a municipality, or of a private individual. In most cases, preference was given, in hierarchical order, to relatives, family and friends, and family associates, the inhabitants of the founder's town of birth or town of origin, compatriots, or diocesan members. The patronage of the founder was disseminated through the administrators of the foundation and the visitors to the college members, who had family connections of their own and could accordingly co-opt further members. Links between regions and foundations could be numerous: in Paris, for example there were the Colleges des Daces, d'Uppsala (des Sueses), de Skara, des Ecossais, des Lombards, and des Allemands. The Spanish College in Bologna admitted by statute first and foremost Castilians, then Aragonese, then Portuguese, and lastly Italians, on the condition that these 'foreigners' would have to withdraw if further Spanish applicants were to come forward. New College, Oxford, was, by the founder's stipulation, reserved primarily for students from the bishopric of Winchester; the family connections of the fellows allowed additional emphases to emerge, with several areas and even small townships receiving special preference. In Germany, the professor of medicine Amplonius Ratingk had designated his Erfurt college foundation Zur Himmelspforte (Porta Coeli 1412) to be almost exclusively for the students from his home region in the electorate of Cologne and, above all, for inhabitants of his small native town, Rheinberg am Niederrhein. In the fifteenth century the latter thus became, on a head count, one of the leading 'graduate towns' of the Holy Roman Empire. In 16

Seep. 118. B. M. Marti, The Spanish College at Bologna in the Fourteenth Century (Philadel-

phia, 1966), ijii. 216

Student education, student life comparison with these widespread social-geographic factors, all other admission criteria were of lesser importance. Among those attending the universities of Europe, college members were thus a privileged and protected minority, though they were not a socially homogeneous group or a closed-circle elite. The differing rank and capital of the founder, the personal rank of the college member, and not least the faculties attended ensured this. Many colleges were modest and small, catering for the young arts student of the simplex or baccalaureate type and for his social background. Others again were open almost exclusively to students of the higher faculties, to master-students and specialist students, or solely to graduates, with bachelors of arts being the least frequently accepted unless nongraduates had sufficient prestige or prior education. For a long time, students of theology or of arts and theology were in the majority - and not only in the institutions of the various monastic orders. From the fourteenth century on, however, students of law - both canon and civil - gained more and more college places and began to push back the arts and theology predominance. The arts colleges founded at the University of Cahors in the second half of the fourteenth century were clearly so uncommon in the 'law area' of southern France by that time that they were transformed into colleges of law in the following century. Kings and princes and men of court and of church increasingly used their foundations of those entrusted to them to strengthen their staffs, recruiting the next generation of legal scholars for the church and the civil service. Older Europe, especially Oxford and the universities of the south, were in the vanguard here. One should, however, beware of overestimating things. The majority of students of law, being as a rule specialist students and students of rank, had no need of college places. Thus, at a decidedly legal university such as Orleans there were no such foundations; and it was not by chance that Italy and the Iberian peninsula had relatively few colleges; only in the sixteenth century, under different conditions, did the situation change. The situation may have been similar for the medical scholars, who did, it is true, receive individual places at colleges, but rarely - with the exception of Montpellier - had entire colleges founded for them. The colleges of the Holy Roman Empire followed a path of their own. The members of the Prague Carolinum, the Vienna Collegium Ducale, or the Major and Minor Colleges in Leipzig were, admittedly, in the majority of cases, master-students and specialist students like many of their European fellows; yet, from the very outset, they were employed to teach in the faculty of arts by the university founders, who - territorial rulers, princes, and municipalities alike - were also the founders of most of the colleges. The college member who had at least the master of arts degree was a magister regens and hence a professor for the arts students; his position was the forerunner of a chair in this faculty and his scholarship money consequently a remuneration of his teaching. This 'German model', which incidentally had its imitators 217

Rainer Christoph Schwinges elsewhere in younger Europe, in Scotland and Poland and probably in Sweden also, had little to do with the ancient and widespread practice of younger students receiving teaching and guidance from older students - the tutors of the English colleges. In the German case, the student element always had a professorial overlay. Despite their contemporaries' alacrity in establishing new colleges, the great majority of students of whatever type and whether graduate or not had to look around for accommodation, even in richly endowed Paris, where during the fifteenth century at most 15 per cent of university attenders had the benefit of college membership.17 Basically, there were from the outset only two possibilities: either one lived alone or with others in rented or subrented private accommodation, or one lived in communal fashion in a student house licensed or supervised by the university, for which there were several different terms current: domus, hospicium, paedagogium, contubernium, regentia, bursa, aula, or in English 'hall' or 'hostel'. As a rule, the house was run by a master of the arts, who likewise had to have a licence for the job, or by a specialist student with a higher degree. The former possibility was the habitual state of affairs in the lawyerdominated universities of western and southern Europe, from Orleans to Bologna and Salamanca. Students of almost all types resided as lodgers (cameristae) in the houses of townsfolk, in student boarding-houses or in the households of their professors, arranging to be fed and looked after either there or elsewhere as table companions (commensales) or paying guests for meals (portionistae; in Spain, pupilos). In the arts-and-theology environment north of the Alps, with its large numbers of young arts undergraduates, private lodging was largely restricted to masters and specialist students and to groups on the margin of the student body: on the one hand the high-ranking students from the nobility, the upper reaches of the clergy, and the rich bourgeois class, who often took up accommodation with their servants and private tutors, and on the other hand the poor students, who could neither afford the hostels nor obtain places there or elsewhere as servants. Not everywhere were there, as in Vienna, special Bettelkotter {coderie) - cheap and lowly digs where the poor rubbed shoulders with the poor. The second possibility, which the universities always encouraged, had economic good sense and social behaviour patterns on its side: when away from home, students and masters of the same language and origin naturally tended to come together to live in communities suitable to them; this met the need of a connection with the master and his familia and in addition fulfilled the desire of the university administration and of other secular and ecclesi17

J. Verger, 'Collegium', in Lexikon des Mittelalters, vol. Ill (Munich, 1986), 41. In Oxford and Cambridge 10-20 per cent also: T. H. Aston, G. D. Duncan, and T. A. R. Evans, 'The Medieval Alumni of the University of Cambridge', Past and Present, 86 (1980), 14. In the Empire the estimation is lower than 5 per cent. 218

Student education, student life astical bodies to oversee housing. From the fourteenth century on, this latter desire led to a general residence requirement. Around 1410, for example, and again - with royal support- in 1420, Oxford impressed upon all attending the university, even young students of law, the obligation of residence either in the colleges or in the authorized halls. The hope was that this would put a check on the 'chamberdeacons' - students living at large in the town without permission or ties, allegedly sleeping by day and by night leading a shocking life of plunder and murder in the taverns and brothels. The general tenor of such ordinances, which acquired the rank of statutes, can also be found throughout the northern part of the continent - in 1410 in Vienna against the outside students {extra bursas stantes), and in 1452-7 in Paris against the so-called Martinets (swallows). Nowhere, however, were such efforts very successful in practice. As the modern period approached, private lodgings proved more and more attractive, even north of the Alps: the many cameristae in Louvain were one good example.18 Like the colleges, the English halls (Oxford) or hostels (Cambridge), the Parisian hospices or paedagogia, and the bursae of the Holy Roman Empire were genuine sectional parts of the university. For the majority of their inmates, the hospites or bursales (from which is derived the later German term for a student, Bursche), to attend a university was often no more than to be linked to such an institution, in the geographical, social, and intellectual sense. The head of the 'house', the principal (rector, regens, conventor) accredited by the university, was himself - or with the help of further masters responsible for the appropriate furnishing of the building he had bought or rented, as well as for board, lodging, and academic teaching and learning. In return, his student familia paid him the weekly purse, the fee for board, lodging, and study, customarily calculated on a weekly basis. The communal life naturally gave such student houses their own unique regional and social characteristics. In general, these resembled those of the colleges (and in part also of the nations), since both were based on a familia or compatriot footing as well as on the rules of social propinquity. The will of the college founder was merely supplanted by the pull of the ruling master. And so, according to the origin of their principals, the student houses represented particular spectra of the university catchement area - spectra which could of course shift in the course of time - or were downright exclusive, such as St Edmund Hall for the Welsh in Oxford, the Olavsbursa in Rostock largely preserved for the Norwegians, the Swabian Bursa in Heidelberg or the Hungarian Bursa in Cracow, which, however, by no means accepted all Hungarians but only those from certain towns, especially Szeged, Pest, and 18

Gibson (ed.), Statuta (note 4), 2o8ff., 226ff.; Kink, Geschichte (note 5), i}4ii; Rashdall, Universities, vol. II, 526; E. De Maesschalck, 'De "goede" en de "eeuwige student". Tucht en huisvesting te Leuven in de 15c en i6e eeuw', Alumni Leuven, 9: 1 (1978), 11-15. For the figures see chapter 4, p. 118. 219

Rainer Christoph Schwinges Ofen.19 The social character of the institutions, all too closely linked to particular regions, depended solely on the status and financial means of the inmates. Bursae, halls, and hospices were anything but charitable foundations, even if, in certain cases, there were a few free places. The poor were, as a rule, granted admittance only as servants, and thus worked to pay all or part of their weekly fee. Student hostels, one presumes, ranked the higher the more favourable was the proportion of communarii to semi-communarii (in Oxford, 'battelers'), or, in more general terms, of rich to poor. The weekly prices were staggered accordingly: at the bottom of the list, in Vienna - if one ignores the special houses for the poor - were the 'twopenny halls' {ZweiGroschen-Bursen); in Erfurt the sum would have just sufficed to obtain a midday meal at table in one of the big colleges. There followed 'threepenny halls' and perhaps halls in upward gradations of a penny a time. Presumably, there were similar subdivisions in many other university towns; in general, at any event, from Portugal to England, universities sought to control rents. The number of self-supporting student houses in the various university towns depended on demand and on the degree of institutionalization. It thus went up and down over the years with the economy, the fluctuations being far greater than in the case of the colleges. As a result, the number of houses can rarely be ascertained with any accuracy. Numerous hospices, halls, and bursae must have been so small and have had so short a life that they left no trace in the sources. In Paris, there was no doubt a thoroughgoing 'school industry', but without it being at any time quantifiable. Things were similar in Italy, Spain, and the lands on the periphery of the European university system. A point of reference can be found in Oxford, where, around the year 1313, the names of 123 halls were recorded; in the first half of the fifteenth century, however, they numbered around seventy and in the second half approximately fifty, with a mere eight remaining in 1530. In mid-fifteenthcentury Cambridge, probably no more than seventeen hostels were being run. At the University of St Andrews in Scotland, there was only one paedagogium and one college, with students from 1506 onwards being entered in the matricula as belonging to the one or the other. As early as before 1400, there were 'many houses' (and six mentioned by name) in Prague. In 1413, Vienna had twenty-nine bursae^ and thirty years later still eleven with six coderie for the poor. In Basle, there were seven bursae before 1496 and thereafter only four. The remaining universities of the Holy Roman Empire registered fluctuating figures; two to four institutions would seem, however, to have been generally sufficient. These figures, of course, are not directly comparable - and not only on account of the completely haphazard nature of the sources: a further problem is that the individual institutions had vast differences of capacity. To establish 19

K. Schrauf, Regestrum Bursae Hungarorum Cracoviensis (Vienna, 1893), xixff. 22O

Student education, student life a recognized community, the bursa Integra of a master-principle, it was adequate in Vienna to have three to four students; elsewhere, six would generally suffice. The upper limit was bounded only by the room facilities available and by student attendance figures. Thus, in the main bursae at the major German universities, several hundred persons could be accommodated; around 1450, for example, 294 and 246 students of the arts, respectively, were living and working in the two bursae of the Majus and Porta Coeli colleges at Erfurt; the building complex of the latter contained twenty rooms (commoda), each thus housing on average twelve persons. In Paris around the same time, hospices such as the Sainte-Barbe are likely to have had seventy and more places on offer, a figure similar to the big colleges. In Cracow, the Jerusalem Bursa was set up in 1454 for a hundred inmates. On the other hand, the many halls at Oxford housed in mid-century an average of eighteen students, of arts and law alike; the approximately eleven arts hostels at Cambridge, meanwhile, accommodated from twenty-five to thirty on average, and the six law hostels, eighty. In contrast to Oxford, where the 'single-halP type predominated, the hostels at Cambridge were larger and more ambitious in their facilities, having more rooms and buildings and, not least, more continuity. In this, they resembled a number of large bursae and paedagogia on the continent. A phenomenon common throughout Europe was the decline in student houses in the course of the fifteenth century, a decline quite evident in the cases of Oxford and Vienna. One can perceive here a process of concentration in which many of the smaller units failed to stay the course or were annexed by larger units, or eventually became outdated as forms of community. In western Europe, as the modern period approached, this process favoured the colleges or the emerging 'college-universities' as a whole. Parallel to this came a rise in the latter's capacity for foundation. For some time now, there had been an ever stronger flow of inmates from the hospices, halls, and hostels moving as paying guests into those colleges which had already taken up the full business of academic teaching; independent units were being transformed into places of residence which, though not incorporated, were affiliated to the colleges and thus came under their supervision. Even before the century came to an end, for example, Merton College, Oxford, had acquired a ring of satellite halls - St John's, St Alban's, Colishalle, Knyght, and Nunn Hall; as a rule, they were overseen by older fellows, who became their principals. In Paris, too, masters and students gradually left the paedagogia and schools on the rue du Fouarre in favour of that good third of the colleges (some eighteen in number) which, around 1500, were already organizing all of the teaching (colleges de plein exercice). In the universities of central Europe, the colleges also profited from the demise of the student houses and indeed helped to bring it about. From the very outset, 'college professors' ran bursae of their own, which were, in some cases, integrated into their colleges to the extent of forming part of the build221

Rainer Christoph Schwinges ing itself. Such college bursae, in which the bursales had to pay rent and board but did not have to contribute to the upkeep of their magister regens, must have been an unparalleled attraction in the university towns. In their shadow, the private entrepreneurial bursae had little chance of establishing themselves. This was undoubtedly the general run of events, true also in the case of halls, hostels, and hospices. Where the entrepreneurial bursae had to compete with the - mostly larger - college bursae, the course of the fifteenth century regularly saw the former squeezed out, all the more so since they also suffered keen competition from one another. Only 'specialist institutions' - grammar schools and humanist circles with special syllabuses and teaching styles, which at the same time often betokened a higher social level - were able to hold their own. The competitive situation is underlined by the repeated ban on soliciting freshmen, the often cheap-jack-like advertisement of individual bursae to freshmen - in Basle, for example, when their Rhine ships had just moored and they were in the process of disembarking. The entrepreneurial bursa was able to come into its own only when there was no competition from college foundations, as was, remarkably, the case in Louvain and Cologne, the two most westerly universities in the Holy Roman Empire. Here, the entrepreneurs and their employees, who were employed as it were as 'drillers' {magistri exercentes), represented almost the entire arts faculty. In contrast to the college bursae, which in actual fact offered only exercises to accompany a course of study elsewhere, the attempt was made from the middle of the fifteenth century onwards to concentrate the entire training of arts students in these bursae, thus largely extinguishing the minor competition from four principals' bursae in Cologne and four paedagogia in Louvain. This was a close approximation to the western forms of college education. In Louvain, the paedagogia came in part under strong influence from foundations and colleges even before the Middle Ages had drawn to a close; in Cologne, on the other hand, the principals' bursae evolved in the sixteenth century into grammar schools {Gymnasien), thus successfully surviving in type, albeit in different circumstances, whilst the rest of the bursae network in the Holy Roman Empire gradually disappeared. In western and now also in southern Europe, the great age of the college-universities was now dawning, while, under the influence of the sectarian age, and universities of the Holy Roman Empire and of its northern and eastern neighbours began to follow a logical course of development into professorial universities; the old masters' or professors' colleges of arts dissolved together with the student bursae. At the end of the day, there were professors with a bourgeois position and students with freedom to move and choose.

222

Student education, student life STUDENT LIFE

None of the five types of European student seems to have enjoyed a good reputation. From the thirteenth to the fifteenth century the same laments are heard again and again from all quarters. Students are bawling and brawling, carousing and whoring, singing and dancing, playing cards and chess, are addicted to dice and other games of chance, are up and about town day and night, are swanking around in inappropriate, fashionable clothing, are behaving provocatively to burghers, guild members, and town law-and-order forces, are carrying arms, and are even making use of them. It is not the university and knowledge which attract them but the diversions and seducations of town life. The University of Paris, preached Cardinal Jacques de Vitry (d. 1240), was an international parliament of sin, a rendezvous for vice-ridden souls the world over. The students of Paris - the cardinal continued - studied only in winter and spent the summer roaming far and wide; they went from one teacher to the next, attending no course to its conclusion, just doing the bare minimum to avoid losing their student privileges; they would, if need be, attend lectures in canon law solely because they took place at an hour when they had awoken from their slumbers, but they were nevertheless foolish enough to give themselves scholarly airs by the demonstrative carting around of ponderous folios.20 The chorus of the churchmen was taken up by the professors, who (in a stereotyped reaction which has held until today) were dissatisfied with the lifestyle and the work of their students. Odofredus de Denariis (c. 1200-65), one of the renowned glossators in Bologna, observed and commented forthrightly on the student's excesses, penchant for luxury and pleasures, liking for fine clothes and amorous adventures, and predilection for dice, dance, and drink. The cardinal had in mind, above all, the young students of the arts, the simplices and baccalarii: the learned jurist, on the other hand, was referring to the elevated clientele of the students of rank and the older students of law. The tenor, however, was the same. In the Italy of the thirteenth and fourteenth centuries, the professors - lawyers and grammarians alike - issued warnings in unison against idleness, upholding themselves and their profession as an example: the famed Azzo dei Porci of Bologna, they claimed, had lived so conscientiously that he had been ill only in the holidays and had even died when on vacation. In the late Middle Ages, such criticism took on an admixture of derision at the human failures which eventually resulted: risible, dissolute creatures - known in the Holy Roman Empire as henselini (nincompoops) - who had frittered away their youth at university, squandered their father's money, learnt nothing but how to bring in the wine, and finally taken back home only shame. Such was the vision of 20

Rashdall, Universities, vol. Ill, 43^ff. 223

Rainer Christoph Schwinges the professor of canon law in Basle, Sebastian Brant, who found room for students in Das Narrenschiff {The Ship of Fools), his great social satire of 1494.21 Many such remarks and assessments, if taken together, would amount to an unmitigated histoire scandaleuse. Yet it would be no more true than the opposite tale of the diligent student fulfilling equally the academic and religious tasks of the age and dividing his university day between chapel and study, meal-times, and sleep. Both the vice-ridden and the dutiful student were, in most cases, the distorted products of cautionary tales. Literary confirmations could be collected without difficulty, from the carmina burana of the twelfth-century vagantes through the Canterbury Tales of Geoffrey Chaucer (b. 1440), to the ballads of Francois Villon (b. c. 1465). For the historian, the situation is a wretched one. Before the sixteenth century there are virtually no personal accounts from students which could offer a contemporary challenge to the anecdotal and rather haphazard source material which is available. Student letters were, as a rule, 'SOS' entreaties to parents, uncles, or patrons, full of woe at the deprivations of life, now in prose now in verse, but forever pleading for release from problems of finance and apparel so much so that one is tempted to believe that the letters must often be based on models in widespread circulation.22 Student behaviour was least felt to need regulation in the older law universities, above all in southern Europe, and most in the younger universities of central Europe. Judging by the number of pertinent statutes, it was here that university life was most closely superintended. One cannot, however, deduce from this that those attending the universities of central Europe were wilder than those elsewhere. It is true that the vast majority of them were young arts and masters students between the ages of fourteen and twenty; yet this was the case in, say, Paris as well, or at the English universities, without producing similar administrative measures there. It was also a constitutional question: whilst elsewhere the overseeing of students remained to a greater extent and longer in the hands of the old sectional associations - the nations, faculties, and colleges - in the universities of the Holy Roman Empire, which were from the outset centrally administered, student life was also centrally regulated to a far greater extent and in a substantial number of ways. A comparable state of affairs was not brought about elsewhere until the Paris reform of 1452 and the Oxford statuta aularia of 1489; in the remainder of Europe, however, such steps were not taken. One can see here a parallel to the rectoral matriculae, which are exlusively to be found in younger Europe.23 21

22

23

Steffen, Studentische Autonomie (note 3), 122-6; Sebastian Brant, Narrenschiff, ed. F. Z a r n c k e (Leipzig, 1854), cap. 27, 29, 35^ff. C. H . Haskins, Studies in Mediaeval Culture (New York, 1929), 1-35 ('The Life of Mediaeval Students as Illustrated by Their Letters'). Cf. chapter 6, p. 179.

2.2-4

Student education, student life The general statutes established norms for all matriculated members of the university from the doctor of theology to the beginner in grammar. In the medieval world there was nothing special about this and it should not only be associated with monastic rigours. Strict rules and regulations were ubiquitous: there were guild regulations, regulations for craftsmen and apprentices, regulations for burghers' clothing, regulations for patrician community houses, regulations for princes' courts, and more besides - all of them governing many different human groups and differing classes in their day-to-day dealings, leisure time, and social gatherings. In the statutorily governed colleges and student hostels it was not only knowledge, methods, and other standards of academic life that were purveyed but also social skills and patterns of behaviour, whose function was to facilitate the way the entire community dealt both with its own members and with the less privileged world outside. The often elaborate commandments and prohibitions, which might well seem to be grotesque coercion when viewed against the backdrop of modern academic freedom, had beyond doubt their stabilizing function. There was a general concern - the earliest documentary evidence of which can be found in Cambridge (1236-54) - for the preservation of the public peace.24 Honeste se gerrere, decent behaviour, meant - from Lisbon-Coimbra to St Andrews - above all else, four things. First, it meant avoiding contact with women of all kinds, both outside and even more so inside the hospices, bursae, and colleges. In a close-knit, exclusively male society, which produced a surplus of men in every university town, thus disturbing the balance of the sexes and for that reason alone sowing the seeds of conflict, this was an understandable ban. Married doctors, masters, and students were relatively few north of the Alps even around 1500. In the south, on the other hand, they could be found more frequently. This different attitude towards women in the south is, moreover, documented by statutes.25 The second ban was on bearing arms, above all at night and on principle in any gathering or lesson of the university - calamitatibus provideri, as the phrase went at Bologna and at related Italian universities, to obviate misfortunes among the students and between them and townsfolk.26 Apart from the battles of the Paris nations among themselves and the continual frictions between town and gown, there were nevertheless occasional armed conflicts and serious 'student wars': in 1278 in Paris, for example, in 1332 in Toulouse, in 1355 m Oxford, in 1387 in 24

25

26

M . B. H a c k e t t , The Original Statutes of Cambridge University. The Text and its History (Cambridge, 1979), 2iiff. O x f o r d : G i b s o n (ed.), Statuta (note 4), 8 1 . For example, Fournier (ed.), Statuts, vol. Ill, 13ff., § 36 (Aix 1420-40). On married medical students and masters, see chapter 11. H. Denifle, 'Die Statuten der Juristenuniversitat Bologna vom Jahre 1317-1347 und deren Verhaltnis zu jenen Paduas, Perugias, Florenz', Archiv fur Literatur- und Kirchengeschichte, 3 (1887), 363, § 71 (also Perugia and Padua). U. Gualazzini (ed.), Corpus Statutorum almi Studii Parmensis, 2nd edn (Milan, 1978), 151, § 64. 225

Rainer Christoph Schwinges Orleans, in 1410-11 in Salamanca, and in 1422 in Heidelberg. The third prohibition concerned the wearing of fashionable clothes and above all the display made of them. Unobtrusive and simple apparel, a habitus honestus, was demanded. This 'academic dress', however, which developed only gradually from its clerical origins, was so varied in its forms that it is impossible to determine its shape and colour even in individual countries and periods (see chapter 4). The fourth thing to be prohibited throughout Europe was insults in word and deed against fellow students and professors. What was at stake here was personal honour - but also, and more so, the avoidance of internal conflict. In Prague, which was so to speak the bridge between the older and younger university forms in Europe, there is even a list of the most common forms of verbal insult employed: ribaldus, nequam, and mendax - 'scallywag', 'good-for-nothing', and 'liar' - were the relatively harmless and received milder punishment than filius meretricis, spurius, fur, and traditor, 'son of a whore', 'bastard', 'villain', and 'traitor'. It was also from Prague that the curious 'hurling paragraph' on bodily injuries reached the statutes of some German universities, a paragraph in which the vary facts of intent behind each object cast - an unaimed throw, an aimed throw, a hit, and finally an injury - were treated with textbook casuistry as deserving increasingly severe punishment.27 Alongside these absolute commandments and prohibitions there was a welter of further regulations, which were given varying degrees of emphasis at the individual universities, thus revealing the social rank of the student bodies in the various university regions. In the law citadels of the domini studentes in southern France and Italy and, in part also, on the Iberian peninsula, special emphasis was laid on restraining the extravagant 'aristocratic life style': luxurious clothing, the number of scribes and servants, the games of chance such as dicing for money (ludus taxillorum), which was denounced in Perugia and Florence ahead of all other misdemeanours, and in addition the keeping and equipping of horses, dogs, and birds for hunting (which in Coimbra and Salamanca were expressly forbidden except for the high nobility). In Lerida, riding to courses was forbidden except in cases of necessity. The ban on weapons, on the other hand, was somewhat relaxed in Italy: it was no longer valid when their lordships the lawyers of Bologna, Padua, Perugia, or Parma needed to display themselves to the world at funerals, in processions, and on other ceremonious occasions.28 In the universities north of the Alps, with their habitual predominance of arts and theology students, however, other problems were more pressing. Here there was a need to regu27 28

H . Jirecek (ed.), Codex Juris Bohemici, vol. II: 3 (Prague, 1889), 278ff., § 2 1 . A. Gomes da Rocha Mahadil (ed.), Livro verde da Universidade de Coimbra (Cartulario do seculo XV) (Coimbra, 1940), 13; P. U. Gonzalez de la Calle and A. Huarte y Echenique (eds.), Constituciones de la Universidad de Salamanca (1422) (Madrid, 192.7), 73ff. Lerida: Liber constitutionum, J. Villanueva, Viaje Literario a las iglesias de Esparia, vol. XVI (Madrid, 1851), 230; Denifle, 'Statuten' (note 26), 363, § 71: Gualazzini (ed.), Corpus (note 26), 151, § 64. 226

Student education, student life late the large numbers of simplices, the normal, young students, the majority of whom had no degree and left relatively soon. Consequently, the bulk of time and effort was devoted to the overseeing of student hostels, with the aim of ensuring that students were in the hostels at the appointed times and not roaming the streets and squares or frequenting ale-houses and other 'suspect places'. Colleges, hospices, halls, or bursae were to be locked after the ringing of the evening curfew - in summer between 8 and 10 p.m., in winter between 7 and 9 p.m., or, as in Paris and Oxford, at 9 p.m. the whole year through and to remain locked until 5 or 6 a.m. It goes without saying that many regulations were frequently breached and that many bursa entrepreneurs turned a blind eye. The universities reacted with sanctions which, in the long term, probably did have a stabilizing and educative effect. Each single statute was accompanied by a specially formulated threat of punishment. Repeated recitations of the statutes - for example, whenever a new rector took office - were intended to impress both on the mind. Official university denunciantes, proctors, and other watch-dogs had the task of ensuring that the rules were everywhere kept and that those in breach of them were brought to book. One of these overseers was the notorious lupus (wolf), whose duty it was to watch over the use of Latin in the student hostels and colleges. His activities were no doubt not restricted to the universities of central Europe alone. Speaking Latin was understandably a chore for the many young people whose intention it was, after all, to live in the social environment of their home country and native tongue even when in their university town. From the Heidelberg Manuale scholarium, a kind of introduction to student life from the late fifteenth century, one can learn how frequently speaking in the vernacular was prosecuted and thus how successful the lupus was, but also how furious the students were about this.29 The means of sanction employed by the universities were fines, graded according to the number of repetitions and the severity of the offences; in severe cases the culprit landed in the detention cell or was even 'excluded', thus losing the important protection of university privileges. With the exception of a few individual cases very late in the day, corporal punishment was unknown throughout the Europe of the Middle Ages. Fines were extremely repressive instruments: from Copenhagen to Padua and Salamanca they hit all culprits where it hurt most - their purse - naturally hurting those most who had the least to spare. In Paris and at the German universities at least, the pauperes would seem, by and large, to have received severer punishments and to have been more often criminalized and expelled than others. Life was probably at its most strict in the colleges and the student hostels affiliated to them. By way of example, one can study the regulations of the Collegium Sapientiae in Freiburg im Breisgau, a foundation of the Freiburg 29

Manuale in F. Zarncke, Die deutschen Universitaten im Mittelalter (Leipzig, 1857), 28ff. 227

Kainer Christoph Schwinges theologian and suffragan bishop of Augsburg, Johannes Kerer von Wertheim (1497).30 The twelve college members could be made up of students from all levels; they lived communally under a head who had to be a specialist student, that is, at least a baccalaureate of a higher faculty. Women and girls were not allowed to visit college members or set foot on the premises, except as washerwomen or night-nurses in the event of severe illness - and even then only on condition that they were of blameless character. The college members themselves were responsible for board on a weekly rota basis: each week, one of them served at table, both bringing in and carrying away the dishes, cleaned the dining hall, and presumably also did the cooking himself, either alone or with assistants. Going by the bill of fare prescribed by the founder, this can have been none too difficult: Since wisdom is not found in the countries of those who live in sumptuousness, and since our house bears the title 'Home of Wisdom', and it being our wish that wise men be educated there in reverence of God, the true wisdom, it follows that sumptuous feasting and all creaturely pleasures are, like wanton sirens, to be kept distant from it.

Each day for the midday or evening meal there was half a pound of cooked meat per person with root vegetables, cabbage, pease-pudding, or other vegetables. The meal was usually accompanied by wine. Roast meat was served only on high feast-days, on the admission of new members, or on the anniversaries of the founder and his brother. The procurement of specialities or special rations was explicitly prohibited; the kitchen and cellar were under watch. Exemption from table service could be granted to graduates. All slept in the same dormitory, which, however, was subdivided into separate sleeping-compartments to be entered by no one but the owner; there was normally no heating; during the hours of sleeping a lamp was to remain lit, the charge of the rota man of the week, who also cleaned the dormitories; the compartments were cleaned by their individual owners, 'so that the dirts is not a burden to the soul'. In other ways too, care of the soul was an essential part of the household regulations. Mass was celebrated daily, a sermon was delivered once a week, and, at least on all feast-days, confession was to be made. The concern for physical well-being may seem rather summary. Yet, among the smaller foundations in Germany and beyond, the Collegium Sapientiae was relatively richly endowed. It had substantial holdings of land and perpetuities, its own chapel and library, simple furnishings but copious and valuable kitchen-ware and table-ware - in part even of silver, which was in the safe-keeping of the college head. As everywhere, however, discipline was strict: punishment was threatened, especially for those breaching the peace of the college (breaches included the playing of musical instruments, cards, and 30

H. Beckmann, Johannes Kerer, Statuta Collegii Sapientiae 1497, facsimile (Lindau/Constance, 1957)228

Student education, student life dice, with only the clavichord and chess being permitted); equally liable to punishment were leaving the premises with impure motives, and insults in word or deed, which had to be atoned for on the same day. In severe cases for example, concerning whether a culprit was to be excluded temporarily or permanently from a living - the decision was taken by the university rector, but in all other cases punishment was meted out by the college head, in the form of the denial of food and especially wine on one or more days. In the circle of dining comrades such punishments may have been even harder to bear than others. Above all other injunctions - in Freiburg as much as elsewhere - was the commandment to attend courses and the admonition to acquire an academic degree. As for free time and holidays, there were enough of these to make the business of teaching and learning bearable. Here, admittedly, extreme variations existed between universities and even between faculties: each organized its own calendar. The cause of this was that the universities were basically operational the whole year through and many offered courses - the extraordinary lectures and revision exercises - during the vacations and on Sundays and holidays (but never on a Sunday in Salamanca). Right into the fifteenth century the 'ordinary books' determined the rhythm of the academic year (which began on i October): the longer period from the beginning of October to the end of June was known as the magnus ordinarius and the shorter from July to the end of September as the parvus ordinarius. A different subdivision of the year was into semesters, trimesters, or four terms (at Oxford), interrupted by the Christmas, Easter, and Whitsun holidays as well as by the two-month-long 'great vacation' stretching, with differences from faculty to faculty, from the Feast of St Peter and St Paul (29 June) to Michaelmas (29 September). Many would travel home in these periods, returning with money and foodstuffs. The good number of teaching-free days alongside the official Sundays and holidays were meant for relaxation - something for which there was little room in day-to-day life as determined by statute. Of Bologna it was mockingly quipped that the number of vacations almost exceeded the number of working-days. The anniversaries of the patron saints of the faculties, nations, brotherhoods, or particular university regions were commemorated with great ceremonies, church services, processions, and various amusements. Especial fun for the many young students of arts was in prospect on St Nicholas's Day, which was commemorated with processions and games - such as the Bishop's Game in Paris or the Christmas King Game in Oxford - and by all kinds of mummery. In Aragonese Perpignan in 1381, the authorities felt compelled to prohibit what was clearly an established tradition among the students of arts (and practised in Lerida, too) of dressing up and running around, on St Nicholas's Day and the days of the popular St Catherine and St Eulalia into the bargain, as Jews, Saracens, and women - something which 229

Rainer Christoph Schwinges was felt to bring hurt and shame upon the aped parties.31 These 'spare-time activities' were augmented by carnivals, May-time, and excursions 'into nature', and presumably by many things done in nations, colleges, halls, and bursae or in private groups - from the free days which the Scottish universities set aside for cockfighting to the 'Feast of the First Snow' and the banquets on each month in Bologna. Assuredly, the vacations were also taken up with all that the statutes forbade or restricted; with 'wine, women, and song', with raucous behaviour and music-making in the streets, houses and taverns, with quarrels with the townsfolk, with sauntering about, with dancing, chess, and games of chance, with ball-games, fencing, jousting, and hunting - all, of course, depending on the age and rank of the students. The extent to which the customary social order also affected such shared free time and festivities is demonstrated pars pro toto by the 'Snow Festival' in Bologna: first, the high-up students of law were allowed to offer the citizens snowballs in exchange for money, wine, or food for their evening festivity, and only then was it the turn of the common students of medicine and arts. 32 A welcome occasion for celebration on any day was provided again and again by the admission of freshmen - bejauni, beani (greenhorns) - into the community of older students, a procedure which involved all kinds of pranks, to some extent rough treatment, and of course a redeeming drinking session at the newcomer's expense.33 With the exception of the Italian law area, this custom seems to have been, with various nuances, widespread throughout Europe since time immemorial. In western Europe, from southern France to the British Isles (of Spain we know only that the custom as such existed), various forms of purification (purgatio) were known, in which water or beating played a part. The latter form was found, for example, in Aix-enProvence, even in lofty social circles, although noble ladies present could put in a plea for leniency; elsewhere, the freshmen were put 'in dock' before the 'students' abbot', where they had to display humble and servile behaviour towards the older students until being cleansed with water from the taint of newness (Avignon, Paris). In central Europe, on the other hand - above all in the Holy Roman Empire - there developed the depositio cornuum, the striking-off of the horns, whereby the 'wild beast' of the freshman was to be transformed into a 'civilized student creature'. As early as around 1400- and not only towards the beginning of the modern age, when the process of striking-off became an obligatory part of the academic ceremonies in Germany - it was not uncommon for a good deal of rough-and-tumble to be 31

32 33

Fournier (ed.), Statuts, vol. II, 674, § 35; Villanueva, Viaje (note 28), 2 3 1 ; Ajo Gonzalez d e Rapariegos y Sainz d e Zufiiga, Historia (note 7), 246. Steffen, Studentische Autonomie (note 3), i22ff. Derived from t h e French bee jaune (in G e r m a n Gelbschnabel); CUP, vol. II, 523 ff. (Paris, 1342); Fournier (ed.), Statists, vol. I, 121—6 (Orleans 1366-8); vol. II, 238 (Montpellier 1465); vol. II, 440 (Avignon c. 1450): vol. Ill, izif. (Aix 1420-40). Summarized in Rashdall, Universities, vol. HI, 376-85. 230

Student education, student life involved. From the fourteenth century on - earlier in France, later in the Holy Roman Empire - the statute-making powers of the universities hence tried to regulate this practice of bejaunium or beanium, which they could not suppress, in order to avoid excesses, extortions, bullying, and above all robberywith, however, only limited success. In line with the character of the medieval student and professorial bodies, above all in the arts-and-theology centres, the guardians of the peace were baccalarii, master-students, or specialist students, and as such 'merely students' - that is, they were all too often themselves involved. LEARNING

No student at any university between Salamanca and Copenhagen would have had any difficulty in complying with the admonition to attend courses and acquire an academic degree. For at the universities of medieval Europe and in their four faculties nothing was so uniform and relatively stable over time as the content and form of academic teaching.34 True, there were differing emphases, concerning for example the full programme of the artes in the trivium and quadrivium, which in the absence of sufficiently large numbers of teachers and students could not everywhere be carried through as in, say, Oxford, or concerning also the position taken in the philosophical querelle on the old or new way, realism or nominalism. Certainly, grammar teaching in Renaissance Florence, Bologna, or Padua was qualitatively different from the teaching dispensed in Greifswald, Uppsala, or Aberdeen, the names of universities north of the Alps naturally being interchangeable. Nowhere, however, would one have found the Holy Scripture, the writings of Aristotle, Euclid, and Ptolemy, the books of canon and civil law, the writings of Hippocrates and Galen together with their systematizing sententiae, summae, glosses, and commentaries being taught and learnt any differently than in the originally established manner, which was valid everywhere. This, of course, was the view of the fully developed fourteenth-century university, whose faculties had already cast their syllabuses into statutes. What dynamic potential there may have been in the thought and methodology of scholastic rationalism in the period prior to and in the early years of the European university, from the eleventh century to the thirteenth, was now ensconced in an almost immutable doctrinal structure. The student of whatever level did not receive a 'scientific' education, but was rather introduced to a tradition of knowledge accumulated and commented on by recognized authorities. To acquire, absorb, and transmit this knowledge as a firm, secure stock of insight were the tasks of teacher and student alike. It was not the 'academic personality' of the teacher that was important but 34

See part IV: 'Learning' (chapters 10-13). 231

Rainer Christoph Schwinges the content and its transmission. In such a system, teachers were interchangeable - especially the all-rounder arts men, who, unlike the lawyers, theologians, medical students, and humanist poetae, could not develop into specialists for particular books. At the beginning of each academic year, the heritage of knowledge and commentary was shared out among the teaching masters of the faculty in packages of books or chapters, following a particular rota by choice or by the drawing of lots, or simply according to time already spent in studio. At the universities of younger and older Europe, it was thus established which teacher had to teach which texts in which sequence at which time per day and per course and for what fee. Theoretically, each teacher was sometimes to benefit from having the well-attended courses and the remunerative books: in practice, however, the principals and the 'governing masters' ensured that it was they who had first choice. A key factor here was the categorization of books - practised in all faculties - according to their importance in the syllabus, a distinction being drawn between ordinary and extraordinary books (libri ordinarii, extraordinarii). Over the course of time, these distinctions became linked to questions of remuneration and status, all the more so as the presentation of extraordinary texts was, until well into the fifteenth century, left to baccalarii. The material was conveyed to the students of all faculties in the everywhere identical forms of the lecture {lectio) and the disputation (disputatio), the two forms being closely related. In the lecture, the master read out the canonical text ascribed to him and explained it in segments. The audience followed the lecture in their own copies of the text and made notes. In order to remedy the lack of expensive, handwritten texts there were also dictation sessions {pronunciare); the main task of the lecture, however, was always explanation. In line with the importance of the books, the lectures were also divided into ordinary and extraordinary; as a rule, the one type of lecture was delivered in the morning, the other in the afternoon. While the function of the lecture was to acquaint students with material and to ensure that it passed down from one generation to the next, the disputation was concerned with the material's application. Here, scholasticism was in its element. Teachers and pupils practised the solution of contentious quaestiones of philosophy, theology, and medicine or the resolution of casus, (disputed) cases in the two kinds of law. For the arts and, in principle, for the other faculties as well there were three types. On the one hand, there was the disputatio ordinaria, the big weekly disputation, which in small universities would probably be attended by the entire faculty. One of the masters presided and posed the quaestio; other masters and baccalarii argued and opposed, while the beginners, the simplices, probably tended to restrict themselves to listening; if necessary, the presiding master intervened in a guiding capacity and would finally put an end to - or determine - the disputing of theses and counter-theses on the solution of the problem posed by means of his magisterial synthesis. On the other 232

Student education, student life hand, once or twice a year the disputatio de quodlibet was held, a public demonstration of the scholastic method as applied to any questions whatsoever, freely chosen. This form of disputation, which in the early period of the university - say, in the Paris of the thirteenth century - could freely tackle difficult issues of the moment, even delicate religious and political problems, became in the course of the later Middle Ages diluted into, at worst, a formalistic nonsense-event. The notorious question as to how many angels could stand on the point of a needle has its origins here. It was from the third type that students benefited most, the simplices and baccalaureate students as much as their teachers, the master-students and specialist students. In exercises and repetition work (exercitia, repetitiones, resumptiones), which took place in the afternoons and partly also in the evenings following the lectures mostly within the circle of one's own master's family in colleges, at the master's house, or in student hostels - they memorized the material and the technique of school-like distinguishing and arguing. Practice was gained in the use of authorities, commentaries, and rational proofs - and not least in the continual employment of scholarly Latin. This form of collective intellectual training was probably the medieval university's most creative contribution to European education. For all this, the extent of the written element should not be overestimated. On the one hand, 'oracy' was a natural goal of education: the aim was to keep texts and arguments readily available for a wide variety of occasions - some of them beyond the bounds of the universities, in courts of law, in administrative offices, and in the church, for instance while preaching. And, on the other hand, it could not be presupposed that expensive manuscripts and law-books were in everyone's possession. Right into the modern period, until the technology of book-printing had been able to take widespread effect, there was a great difference between the purchasing power of 'their lordships' the students of law and that of the medical students and theologians, not to mention the mass of arts students. The major factors behind this were age and differences in status. Swiss students of law in thirteenth and fourteenthcentury Bologna - most of them students of rank, who already 'were somebody' before they went to university - are said by the end of their studies to have owned between ten and thirty manuscripts each.35 Given a comparable social background, these figures can presumably be generalized and also applied to the last century of the Middle Ages, all the more so as Bologna and related law universities, together with Paris and Orleans, had developed a special system of issue and reproduction of books (the pecia system) operated by university stationarii - 'booksellers' - who also issued texts to be copied. Yet even in this system the completion of a legal manuscript took ten to fifteen months and, depending on the quality of its production, was still a 35

Stelling-Michaud, Universite de Bologne (note 13), 100-14. 2-33

Rainer Christoph Schwinges dear purchase costing from twenty to sixty pounds of Bologna pennies. The overwhelming majority of the students, even among law students, would have owned substantially fewer writings, as a rule perhaps no more than a few 'study books' containing lecture transcripts, text excerpts (peciae), and personal notes. The universities of the thirteenth century still had no public libraries. University libraries emerged only from the fourteenth and fifteenth centuries onwards, with the usual time-lag between older and younger Europe; the pioneers were the libraries of the colleges, whose basic stocks were mostly made up of their founder's book collections. Important examples were the libraries of the Sorbonne in Paris, of Merton and New College in Oxford, and of the Amplonianum (Zur Himmelspforte) in Erfurt. The minority of students who embarked on the by no means usual course of setting out to acquire a degree were systematically guided to success by the formalized syllabus. The study or cursus of arts normally lasted four to five years and consisted of approximately half of material from the baccalaureate and half of material from the master's course. For each part a certain quantity of knowledge and skills were prescribed, and evidence of attending the compulsory number of lectures and disputations had to be provided. This was done in most cases by the affidavit of the student's own teacher or, if the student had changed university, by a formal certificate of study sealed by the rector of the other university. Latin grammar and the logical writings and parts of the Physics of Aristotle were compulsory in the first stage; in the second came the remaining writings of 'the philosopher', the rest of the Physics, Metaphysics, Ethics, Politics, and - depending on the capacities of the faculty - mathematics, astronomy, and music. If everything was in line with the statutes, and if the candidate proved to be a matriculated member of the university and had paid all the required fees, then he was allowed to proceed to examination. In the presence of the chosen examiners of the faculty, he 'determined' under his master and acquired the degree of baccalarius I baccalaureus artium. For by far the greatest proportion of students this meant the end of the course and of their days at university; only a small minority took the next step and received - formally, through the chancellor the following degree of licentiatus artium, which concluded academic training in the arts and was linked to permission to teach a course of one's own {licentia docendi). The inceptio magistri - the so-called inaugural lecture of the new master to the assembled faculty - was only the ceremonious conclusion to the procedure, in which the master's biretta, the symbol of the status in studio acquired, was also presented. According to the statutes, the new master should be between twenty and twenty-one years of age; like the length of the course itself, this was naturally only a guideline. Depending on the size of the university, the examinations of the baccalaureate students took place two to four times a year, those of the masterstudents usually only once. For each examination date a group of candidates 234

Student education, student life was gathered together, each individual receiving a certain ranking {locus) according to his 'qualities in examination'. These results, which were recorded in the faculty matriculae or the dean's books, were by no means wholly, and not even mainly, determined by actual examination performance. The students in the top places were not necessarily the best in their year; ranking order, which could certainly have consequences for the timing of a candidate's subsequent rise in the academic hierarchy, was instead decided by age, date of matriculation, duration of study, patronage, and not least by personal and family status. Even in the university province par excellence, the awarding of degrees, regard had to be paid to particular and social considerations: noblemen and holders of church livings were given preference. The fact that passing the examination, even if at times cum difficultate, was the absolute rule fits into this picture. Rejections of candidates on grounds of crassly poor performance were (if one goes by German sources) extremely rare: failure tended to be justified rather by the reproach of immoral conduct.36 The sequence of degrees in the higher faculties - baccalaureate, licentiate, master, or doctor - resembled that in the faculties of arts, with the sole difference that the courses of study took longer from degree to degree, so that the master-students and specialist students (with the exception of students of high rank) were substantially older - or, to put it another way, the age qualifications for the various graduations were higher. In both types of law and in medicine, six to eight years were required before proceeding to the licentiate; in theology, even fifteen years, the doctorate there being unobtainable before one's thirty-fifth year. These particulars were no more than guidelines, however: they could - as usual under the dictate of social or economic circumstances - be shifted both downwards and upwards. COSTS OF LIVING AND LEARNING

For all students, attendance at university was relatively expensive, but the pressure to pay for study and living costs naturally varied from one university town to the next across the spectrum of poor to rich. Most students had to meet two sets of needs - their actual studying costs and the cost of living. Only those taking degrees had increasing costs from level to level consisting of fees for admission and examination and, as a rule, of the often high costs of the graduation ceremonies and celebrations. Studying costs included one-off and ongoing expenses. A typical one-off payment was the matriculation charge. Depending on the university, up to three different fees could be payable: fees for registration in the general rectoral matricula, in the faculty matricula, and, if there were university nations, in their matriculae as well 36

Schwinges, Universitatsbesucher, 355 ff.

235

Rainer Christoph Schwinges this being payment for the documentary and social act of admission to the university and its sectional parts. In addition, at many universities there was the so-called bejaunium or beanium^ a kind of 'entrance fee' into the student body demanded by older students from the freshman {beanus) and without upper limit, even if universities did try by statute to avoid abuses and hardship. Among the ongoing costs were the doctors' and masters' fees for their courses (collectae pastus). These fixed costs, the admission fees and the tuition fees, which were relatively inflexible even over longer periods of time and economic change, were everywhere linked to personal status within and outside the university. Graduates paid more than undergraduates, the 'rich' more than the 'poor'. In Lisbon-Coimbra, for example, following a decree of King Juan I in 1392, the rich students of law had to give their professors a lecture fee of forty pounds (libre); the 'middle-class student's (medianos) were to pay twenty pounds and the poor ten.37 What was here ordained by the king was elsewhere organized by the authorities themselves: the burden the poor had to bear was eased, but nowhere - apart from totally exceptional cases - was it removed completely. Ongoing costs were incurred further and relatively regardless of status - for texts and books, parchment, paper and ink, quills and penknives, and for the purchase and care of or the hiring of the student's habit. Quite frequently, too, there was the cost of borrowing texts which one could copy (or have copied, thus incurring further costs for a public or private scribe). To be added to the general costs of study were fees for writing out and certifying study documents and various testimonials, as well as fees for the proctor and occasional special expenditure, for example for university ceremonies, for the kitting out of university envoys, or for being listed on a papal supplication rotulus. Among the costs of living were a lump sum for board and lodging, for clothing, footwear, bed-linen, laundry, and repairs, for creature comforts (baths, barber, and doctor), for fuel and lighting (candles), for journeys between university and home, for messengers, for leisure-time activities of all kinds, for fines, and, not least, presumably for interest on borrowed money. Lodging and credit costs were, of all burdens, those most prey to arbitrary interpretation. From early times, therefore, the universities sought to regulate the conditions of rents and loans. In the lawyer citadels of older Europe, accommodation committees of (law) students and citizens were formed, first in Vercelli in 1228, then in Naples, Salamanca, Lerida and Orleans; the Bolognese regulations of 1317/47, according to which the committees of the socalled taxatores hospiciorum determined the rent of the accommodation (pensio), agreed annual or half-yearly payments and fixed the price for three years, became standard for the entire southern region. In Paris, Oxford, and 37

Ajo Gonzalez de Rapariegos y Sainz de Zufiiga, Historia (note 7), 387.

Student education, student life Cambridge, masters and citizens likewise assessed the rentable value of suitable student dwellings jointly. In the centrally administered universities of younger Europe, on the other hand, where from the very outset the emphasis was on collective living in bursae, the cost of boarding-houses was also centrally dictated and supervised.38 Regulated and favourable terms of credit and pawnbroking were equally in the interest of the universities, especially in the big 'international' university towns such as Bologna, Padua, or Paris. The statutes in Bologna and Padua demanded the annual re-election of suitable merchants and money-lenders for whom, in an official and controlled way, credit could be received and money borrowed on pledges of books. In addition, professors sometimes made their students loans - something which proved a highly successful side-line. As a rule, however, it was always a question of short-term credits (with Swiss law students, three to four months on average), which ensured that the interest-rate burden (up to 20 per cent) did not grow too forbidding before parental assistance arrived via courier or bank. In Oxford, from 1240 on, several loan chests emerged - five between 1293 and 1323 alone - where students could obtain advances to the tune of their status; around 1375 there were sixteen such loan chests and around 1500 twenty. Paris also had an institutionalized system of money-lending; selected citizens under oath to the university, the so-called 'grand messengers' {nuntii maiores), agreed to supply creditworthy students with money within the framework of the nations. The demand can best be gauged by the fact that, at one time, the Gallic nation was employing 164, the Anglo-German nation 60, the Norman 16, and the Picardian 14 nuntii maiores.39 All of this was naturally conditional on subjective needs and possibilities, on the changing level of prices in large or small university towns - a level which was itself a factor of the economic cycle - and on the readiness to adapt to a different setting. Though many had a familia to support beside grooms and horses, others had quite enough problems on their own. Europe's 'normal students', the mass of the mediani in the south and of the divites in the north, could, it is true, normally bear the costs accruing, but they tended all to be of modest means. In the arts-and-theology enclaves of the Holy Roman Empire, this meant that their minimum annual budget, above all for board and lodging, amounted between c. 1368 and 1500 to something above the twelve and later above the twenty florin mark. These two amounts 38

39

Denifle, 'Statuten' (note 26), 346—55, §§ 64-74; Gonzalez de la Calle and Huarte y Echenique (eds.), Constitutiones (note 28), 74ff., § 25; Villanueva, Viage (note 28), 231; K. A. Schmid (ed.), Geschichte der Erziehung, vol. II: 1 (Stuttgart, 1892), 5ioff; D. Illmer, 'Die Rechtsschule von Orleans u n d ihre deutschen Studenten im spaten Mittelalter', in Schulen und Studium, 423; CUP, vol. I, 597ft., no. 511; Gibson (ed.), Statuta (note 4), 71; Hackett, Original Statutes (note 24), 317. Denifle, 'Statuten' (note 26), 283ff., § 21 with Padua; Stelling-Michaud, Universite de Bologne (note 13), 92; A. Budinszky, Die Universitat Paris und die Fremden an derselben im Mittelalter (Berlin, 1876; reprint, Aalen, 1970), 42; Schmid (ed.), Geschichte (note 38), vol. II: 1, 528; J. I. Catto, 'Citizens, Scholars and Masters', in History of Oxford, 172.

237

Rainer Christoph Schwinges delineated, as it were, the 'official' boundaries between poor and rich, which on account of the decline in purchasing power of the Rhenish florin (fl.), especially in the second half of the fifteenth century, shifted from 12 fl. at the outset (Prague, Vienna, Heidelberg, Cologne, etc.) through 16 fl. (Tubingen 1478) up to 20 fl. (Louvain 1500). Anyone whose income was below these levels - irrespective of his goods and chattels, his clothes and books - could be recognized as a pauper. There was a certain band of tolerance for the many semi-poor or - depending on one's perspective - semi-rich: for example, the 1452 statutes of the Heidelberg Dionysianum house for the poor decreed that an inmate should have to leave not, as hitherto, if his annual income rose above 12 fl. but only if it exceeded 20 fl.40 This amount, the approximate equivalent of the income of urban craftsmen and service people of the 'lower middle class', seems to have enabled a student to manage more or less well at German universities, depending on their 'tone'. At any event, the sum of 20 fl. was widely accepted as the lower standard, whereas the minimum allowance for noble students of the arts and for really rich students from the bourgeoisie was 50 fl.41 In the opinion of Amerbach, the renowned Basle book-printer, this should also have been the case in Paris, where he sent his two sons to study the arts from 1501 to 1506 as magni portionistae (paying members) of a college. For three years he paid them an allowance of 50 fl. per head, but then decided to reduce the sum to 21 or, at most, to 27 fl. The higher rate may have been offered in view of the cosmopolitan nature of Paris, but would nevertheless not have been appropriate. For the fifteenth and early sixteenth centuries the overall costs of a simple Paris arts scholar originating from elsewhere have been estimated at about 75 livres, or some 45 fl.; 12 to 36 livres are the amount reckoned for academic matters and 50 for suitable board and lodging in a college. For Parisians who lived with their parents the costs were reduced to a good third. In Oxford the lower limit in the thirteenth century seems to have been around two to two-and-half pounds sterling per year: loans or money against security from the loan chests was given only to such as could give proof of an annual income of at least two pounds. The normal annual loans made by the colleges to undergraduates and junior fellows were on the same scale. From 1264, Merton College was to pay two pounds to each admittedly without lodging; in 1266 Balliol College paid two pounds five shillings, and in 1340 two pounds seven shillings and sixpence with free lodging. With the development of purchasing power, the lower limit probably shifted upwards by about one pound by the end of the Middle Ages. At New College, members had to leave if their annual budgets exceeded five silver 40

E. W i n k e l m a n n (ed.)> Urkundenbuch 167, no. i n .

41

E. De Maesschalck, 'De criteria van de armoede aan de middeleeuwse universiteit te Leuven', Revue beige de philologie et d'histoire, 58 (1980), 337-54.

der Universitat

238

Heidelberg,

vol. I (Heidelberg, 1886),

Student education, student life marks (three pounds six shillings and eightpence). Around 1424 Merton College granted two pounds five shillings and sixpence for three terms - that is, nine months, the holidays not being included - and towards the end of the fifteenth century for the same period two pounds twelve shillings and sixpence. For a whole year that would have been three pounds and eightpence or three pounds ten shillings, respectively. If one goes by the college bills, these sums seem to have covered the entire cost of undergraduate education in Oxford from the tuition fees through food and drink, paper, ink and candles, clothing and footwear to the cost of the journey home during the vacation. Admittedly, the students so favoured were members of the founder's kinship, so that they were perhaps a little better provided for than others.42 The expenses of the - generally older - masters and specialist students in the higher faculties or universities were naturally greater than such threshold values. Higher tuition fees and, above all, the cost of obtaining degrees had now to be met. More so than among students of the arts one can find among theologians, medical students, and lawyers extraordinary differences in costs over the European university network as a whole: there are discrepancies within the individual regions, let alone between south and north, between the 'rich' universities of Italy, the Iberian peninsula, the Midi, and Orleans and the more modest establishments of central Europe. The information available, however, often gives only individual items, fragments, or exceptions and little 'normality'. Even within Italy, Bologna was the most expensive university town for ultramontane students of law. The 'poor' among the highranking students were those members of the lofty Spanish College, whose incomes could by statute not amount to more than 50 Bolognese gold florins (= 75 lire). In the thirteenth and fourteenth centuries, however, 100 lire were called for: 20 to 50 went on lodging and board, the remainder on sundry other requirements and on tuition. At least as much again was required for doctorates, examinations, celebrations, and gifts (of money and gloves) for the examiners and doctors, and the proctors, servants, and notaries. The level of these outgoings may have been a contributory factor in the decline in matriculations in the course of the fifteenth century in favour of other Italian universities. Not infrequently, students would merely attend the University of Bologna and acquire their doctoral biretta elsewhere, in Ferrara, Siena, Perugia, Pavia, or Padua, where the degree could simply be had more cheaply.43 42

43

Schmid (ed.), Geschichte (note 38), vol. II: 1, 523ft.; L. W . B. Brockliss, 'Patterns of Attendance at the University of Paris, 1400-1800', Historical Journal, 21 (1978), 529ft.: C a t t o , 'Citizens' (note 39), 171; J. M . Fletcher a n d C. A. U p t o n , ' T h e Cost of Undergraduate Study at Oxford in the Fifteenth Century: the Evidence of M e r t o n College " F o u n d e r ' s K i n " ', History of Education, 14 (1985), 1-20. J. Paquet, 'Cout des etudes, pauvrete et labeur: fonctions et metiers d'etudiants au Moyen Age', History of Universities, 2 (1982), 17, with n. 4 (literature concerning individuals); G.

239

Rainer Christoph Schwinges We know little about the way in which studies were financed.44 First and foremost it was probably - entirely or in part - a matter for parents and relations, the ecclesiastical uncle supporting his nephew becoming already a kind of institution. Beside this, there was a series of other sources, not infrequently interwoven with the parental, though available in Europe's different university regions in varying developmental stages, emphases, and amounts; for many they took on increasing relevance only with advancing status in studio. Among these were the college foundations already mentioned above. With their college places they offered a broad spectrum of sufficiency scholarships. Church livings, for simple altar benefices to important canonships in a cathedral church, were a further way of supporting students. The universities, especially the French on account of the nearby papal court in Avignon, furthered this form themselves by their own supplication scrolls, in which the Pope was asked to grant benefices to the University members listed. Admittedly, one can hardly draw a line here between the scholarship character of such livings and their character as a remuneration for a church office which could, in certain circumstances, be for life, even if the residence requirement at the place of office was lifted for the duration of the stay at university. The papal church was here benefactor and employer at one and the same time. Priests, canons, and prelates often enough returned to offices after attending university (or continued to enjoy their livings). Only in the second half of the fifteenth century, in the wake of a certain professionalization of church vocations and parallel to the almost complete demise of the practice of supplication in Europe, did the sequence gradually change: increasingly, tenure of an office presupposed university study. Pious benefactions, wills, and legacies in favour of one or several students were a further form of financing, albeit one hardly researched and the extent of which it is hard to estimate. In line with the traditional rules, these boons again favoured relatives and compatriots first and foremost. Such benefactions, known in western Europe as bursae volantes - 'flying' because they were not tied to a college or other institution - could be found in Paris as early as the first decades of the thirteenth century. The benefactors were at first high members of the clergy, but subsequently well-to-do burghers, merchants, widows, and professors joined them. Older Europe naturally had a lead here, whilst in younger Europe noteworthy funds from private donation came into evidence only on the threshold of the modern period and especially after the Reformation. The same holds true for the brotherhood-like organizations which gave students support and particularly for measures of support undertaken by

44

Pardi, Lo studio di Ferrara nei secoli XV e XVI (Ferrara, 1903), 2o6ff; Stelling-Michaud, Universite de Bologne (note 13), 88ff.; Steffen, Studentische Autonomie (note 3), 185ff., zozii. See, in particular: Paquet, 'Cout des etudes' (note 43), 15-52, and P. Trio, 'Financing of University Students in the Middle Ages: A New Orientation', History of Universities^ 4 (1984), 1-24.

24O

Student education, student life princes and states. The kings and ruling houses of western Europe and Spain and the aristocracy also patronized students from the thirteenth century on, even beyond their own college foundations, while the Holy Roman Empire lagged behind in this area. One of the major reasons for this lay in the differing ways in which the respective constitutions and statehoods developed. Before the time of Maximilian I, the Holy Roman (or Roman-German) Emperor was not involved at all in the foundation of universities. Universities were founded by the territorial rulers, but their interest was directed less at the students than at subsequently employable graduates. Among the few exceptions were the comparatively modern Netherlands and the German Order in Prussia, which systematically gave grants to suitable young people. Finally, students of all types covered a substantial part of the costs by work, mostly through teaching and other services rendered. For baccalaureates, master-students, and specialist students, teaching was done on the one hand within the framework of normal university education, instructing younger students in the subject in question on an individual fee basis, and on the other hand privately, working as teachers in schools or rich houses, giving coaching (ruminare) in colleges and student hostels, or accompanying prosperous wandering students through their studies in the capacity oipaedagogi and praeceptores. The possible services to be rendered, from which the pauperes could profit above all, were many and various. They could be found as scribes and secretaries, as copiers of manuscripts and text books, as personal servants {famuli, servitores) to professors, rectors, deans, college principals, and other university officials, as servants to church dignitaries or to noble or well-to-do fellow students, as serving staff and porters, as cooks, kitchen hands, and table-servants in colleges, hospices, halls, and bursae, as chancel assistants and choristers in town churches, as street singers like the Bons-Enfants in Paris or the Litaneibuben in Vienna, as occasional workers in trade and commerce, as salesmen of, for example, foodstuffs from their home region (which, in theory, they could bring in free of customs duty only for their own consumption), and - last but not least - as beggars. In the university towns of Europe, of course, the service-sector market was not always the same. It depended substantially on the type of the university, on its law or arts-and-theology atmosphere, on the size of the town, and on its economic importance. Thus in the universities most heavily frequented by noblemen and the sons of the rich bourgeoisie, above all in the south from Orleans to Bologna and Salamanca, it was not service in houses but primarily personal services that understandably found a larger market than in the college or bursae universities located north of the Alps.

It is thus clear that the medieval student as such does not exist in reality. Various types of student can be differentiated, depending on geographical 241

Rainer Christoph Schwinges and social origins. It is even more true to say that the university in the Middle Ages was less democratic than has been stated in a number of older works on medieval university history. In the next chapter, the career possibilities of these different types of student will be examined. SELECT BIBLIOGRAPHY

See also the select bibliography of chapter 4. Aston, T. H. 'Oxford's Medieval Alumni', Past and Present, 74 (1977), 3-40. Aston, T. H., Duncan, G. D., and Evans, T. A. R. 'The Medieval Alumni of the University of Cambridge', Past and Present, 86 (1980), 9-86. Boiraud, H. Contribution a Vetude historique des conges et des vacances scolaires en France du Moyen Age a 1914, Paris, 1971. Brizzi, G. P. 'I collegi per borsisti e lo studio Bolognese. Caratteri ed evoluzione di un'istituzione educativo-assistenzialo fra XIII e XVIII secolo', Studi e memorie per la storia dell'universita di Bologna, new series, 4 (1984). Cabanes, D. Moeurs intimes du passe, vol. W, La Vie d'etudiant, Paris, 1949. Di Fazio, C. Collegi Universitari Italiani, Rome, 1975. Dulieu, L. La Medecine a Montpellier, vol. I, Le Moyen Age, Avignon, 1975. Dunlop, A. I. 'Scottish Student Life in the Fifteenth Century', Scottish Historical Review, 26 (1947), 47-63. Dupille, C. Les Enrages du XVe siecle. Les etudiants au Moyen Age, Paris, 1969. Fletcher, J. M. The Liber Taxatorum of Poor Students at the University of Freiburg im Breisgau, Notre Dame, Ind., 1969. Gabriel, A. L. 'The College System in the 14th Century Universities', in F. L. Utley (ed.), The Forward Movement of the 14th Century, Columbus, Ohio, 1961,79-124. Gabriel, A. L. 'Motivations of the Founders of Medieval Colleges', in P. Wilpert (ed.), Beitrage zum Berufsbewusstsein des mittelalterlichen Menschen, Berlin, 1964, 61-72. Garcia Mercadal, J. Estudiantes, Sophistas y Picaros, Buenos Aires, 1954. Hajnal, I. UEnseignement de Vecriture aux universites medievales, 2nd edn, Budapest, 1959. Hargreaves-Mawdsley, W. N. A History of Academic Dress in Europe until the End of the Eighteenth Century, Oxford, 1963. Haskins, C. H. Studies in Mediaeval Culture, New York, 1929. ('The University of Paris in the Sermons of the Thirteenth Century', 36-71; 'The Life of Mediaeval Students as Illustrated by Their Letters', 1-35.) Kagan, R. L. Students and Society in Early Modern Spain, Baltimore, 1974. Kibre, P. The Nations in the Medieval Universities, Cambridge, Mass., 1948. Kiene, M. 'Die Grundlagen der europaischen Universitatsbaukunst', Zeitschrift fur Kunstgeschichte, 46 (1983), 63-114. Kuhn, W. Die Studenten der Universitdt Tubingen zwischen 1477 und 1534, 2 vols., Goppingen, 1971. Lytle, G. F. 'Oxford Students and English Society c. 1300-c. 1510', Ph.D. dissertation, Princeton, 1975. Miiller, R. A. Universitdt und Adel. Eine soziostrukturelle Studie zur Geschichte der bayerischen Landesuniversitdt Ingolstadt 1471—1648, Berlin, 1974. 242

Student education, student life Paquet, J. 'Cout des etudes, pauvrete et labeur: fonctions et metiers d'etudiants au Moyen Age', History of Universities, 2 (1982), 15-52.. Paquet, J. 'Recherches sur l'universitaire "Pauvre" au Moyen Age', Revue beige de philologie et d'histoire, 56 (1978), 301-53. Paulsen. F. 'Organisation und Lebensordnung der deutschen Universitaten im Mittelalter', Historische Zeitschrift, 45 (1881), 385-440. Post, G. 'Master's Salaries and Student Fees' in the Mediaeval Universities', Speculum. 7 (1932), 161-98. Rait, R. S. Life in the Medieval University, Cambridge, 1912. Reynier. G. La Vie universitaire dans Vancienne Espagne, Paris/Toulouse, 1902. de Ridder-Symoens, H. 'Adel en universiteiten in de zestiende eeuw. Humanistisch ideaal of bittere noodzaak', Tijdschrift voor Geschiedenis, 93 (1980), 410-32. de Ridder-Symoens, H. 'L'aristocratisation des universites au XVI siecle', in Les Grandes Reformes des universites europeennes du XVI au XXe siecle. Zeszyty Naukowe Uniwersytetu Jagiellonskiego DCCLXI, Prace Historyczne, Z. 79, Warsaw/Cracow, 1985, 37-64. Rosenthal, J. T. 'The Universities and the Medieval English Nobility', History of Education Quarterly, 9 (1969), 415-37. Riickbrod, K. Universitd't und Kollegium, Baugeschichte und Bautyp, Darmstadt, 1977. Samaran, Ch. 'La vie estudiantine a Paris au Moyen Age', in Aspects de Vuniversitede Paris, Paris, 1949, 103-32. Schulze, F. and Ssymank, P. Das deutsche Studententum von den altesten Zeiten bis zur Gegenwart, 2nd edn, Leipzig, 1910. Schwinges, R. C. Deutsche Universitdtsbesucher im 14. und 15. Jahrhundert. Studien zur Sozialgeschichte des alten Reiches, Stuttgart, 1986. Schwinges. R. C. 'Migration und Austausch: Studentenwanderungen im deutschen Reich des spaten Mittelalters', in G. Jaritz and A. Miiller (eds.), Migration in der Feudalgesellschaft, Frankfurt-am-Main/New York, 1988, 141-55. Schwinges, R. C. 'Sozialgeschichtliche Aspekte spatmittelalterlicher Studentenbursen in Deutschland', in J. Fried (ed.), Schulen und Studium im sozialen Wandel des hohen und spaten Mittelalters, Sigmaringen, 1986, 527—64. Seifert. A. 'Die Universitatkollegien-Eine historisch-typologische Ubersicht', Lebensbilder deutscher Stiftungen, 3 (1974), 355-72. Trio, P. 'Financing of University Students in the Middle Ages: a New Orientation'. History of Universities, 4 (1984), 1-24. Verger. J. 'Prosopographie et cursus universitaires', in N. Bulst and J.-P. Genet (eds.), Medieval Lives and the Historian, Kalamazoo, 1986, 313-32. Wieruszowski, H. The Medieval University: Masters, Students, Learning, Princeton, N.J., 1966.

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CHAPTER 8

CAREERS OF GRADUATES

PETER MORAW

THE INTERACTION BETWEEN UNIVERSITY AND SOCIETY

The university is anchored in society by those who attend it and those who leave it. The word 'university' denotes a social body for its members. The nature of this anchorage in society is difficult enough to see in our own day, despite the fact that modern industrial societies, and, so it often seems, modern universities, have become very much alike. The question is more difficult for the very diverse societies and universities in the long stretch of time from the twelfth to the fifteenth centuries. Of no aspect of early university history is less known. The number of universities which came into existence in Europe in that period is known, but who knows how many different societies there were and how many local and regional elites within them? This also explains the lack of a complete social history of medieval Europe and a comprehensive theory of its social history.1 To the question of the role of the university graduate in medieval society, only provisional and simplified answers are possible and even these apply only to limited areas. The present state of research permits us, however, to discern certain uniformities, particularly in those features which were important for the implantation of universities in society: a minimum of freedom and mobility for many and a minimum of legal stability for most social orders, which though hierarchical, were seldom static or impermeable; demographically, economically, and socially concentrated centres, i.e. cities; a gradual mutual differentiation between churches and states; respect for education and culture; special groups of agents servicing these and other demanding social functions. To this inchoate mass of actual situations, the social data of the universities 1

Cf., for example, R. Fossier, Histoire sociale de I'Occident medieval (Paris, 1970); Handbuch der europdischen Wirtschafts- und Sozialgeschichte, vol. II, ed. J. A. van Houtte (Stuttgart, 1980), vol. Ill, ed. H. Kellenbenz (Stuttgart, 1986); O. Brunner, Neue Wege der Verfassungsund Sozialgeschichte, 2nd edn (Gottingen, 1968).

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Careers of graduates and their members can only be related intelligibly if certain emphases are accepted, specific aspects brought out, and a number of interpretative principles assumed which are partly hypothetical and require further research. Yet, as long as certain precautions are taken, and despite geographical and historical differences, non-synchronic economic fluctuations, crises, intervals, and delays, the social history of Europe can be seen as a comparatively advancing process. It was undoubtedly a process of increasing differentiation and complexity, i.e. of 'modernization' in the broad sense. If the social history of Europe, for all its geographical and historical diversity, is to be understood in this relatively unitary way, a model is required which interprets these differences wherever possible as shifting phases. Such a model appears to be available.2 It begins by distinguishing between an 'older' and a 'younger' Europe. 'Older' Europe consisted, on the one hand, of Italy and southern France, together with parts of Spain perhaps, and, on the other hand, of northern France and the imperial territories west of the Rhine, together with England. To some extent, this 'older' Europe was the direct heir to Roman antiquity, which still influenced and found expression in urban culture and in relatively less feudalized churches, for example. 'Younger' Europe - in the centre, east, and north - was able to assimilate this heritage only belatedly and never completely during the Middle Ages, by laborious processes of equalization. Before the beginning of the university era and well into it, the church was culturally and socially the prima causa and chief base of the groups and concerns which were important for the social history of the universities. Throughout the whole medieval period, the world of the universities was in the main that of the church. The city, with its social and economic consolidation, complexity, division of labour, mobility, and accumulation of resources, became increasingly, and soon decisively, the milieu and sine qua non of the history and social development of the university and its graduates. The interaction between university and society is also quantitative. Unfortunately, reliable statistics are almost completely lacking for the period up to the late fourteenth century and, where they exist, apply only to a part of Europe. Only from this time, moreover, can we estimate the economic and cyclical fluctuations connecting the overall impression of a long-term numerical growth with reality. The proportion of graduates among the total of university students may, by and large, have increased, but the proportion of both graduates and non-graduates in the whole population at any given time remains uncertain throughout the whole period. In any case, only a minority of students graduated and only a proportion of these can be traced from successful careers. 2

P. Moraw, 'Uber Entwicklungsunterschiede und Entwicklungsausgleich im deutschen und europaischen Mittelalter', in U. Bestmann (ed.), Hochfinanz, Wirtschaftsraume, Innovationen. Festschrift fur W. von Stromer, vol. II (Trier, 1987), 583-622.

Peter Moraw Contemporaries were never in a position to analyse either the development of society as a whole or even basic aspects of this development. While the universities were being founded or expanded, there was no conscious intention of influencing social conditions generally. Far more important were the 'prestige' and the practical, economic, and administrative benefits accruing to communities and rulers. Many of the social changes produced by university men must be regarded as an unintended 'spin-off of quite different concerns. We should thus be chary of speaking of a 'labour market' and its supply and demand, and can only speak about specific instances. Mere attendance at university and even graduation were not automatically respected and welcomed as new qualifications for the furtherance of a career. The traditional qualifications of birth and property put up a stiff resistance to such newcomers. Graduation was seldom more than just another qualification among those a person possessed or lacked. Its function within a set of qualifications varied widely and depended on a graduate's birth or property qualifications. Only gradually did the newcomer gain a foothold and establish himself within the old conditions or even create quite new ones, though much became established practice without leaving any identifiable trace. Yet there could be no question of monopolistic claims on the part of graduates prior to the end of the medieval period. One of the paradoxes of the universities and their components is that they tried to claim social autonomy in many detailed respects without being socially autonomous at all, let alone socially powerful. In fact, in order to maintain their position, they strove to conform to the regional milieu. Students brought with them the social rules of their personal background and tried to maintain and develop their particular position. Before and after the start of a career, both within the university and outside it, the governing principles were patronage, privilege, and inheritance. A family's wealth was put to use in the promotion of certain expectations. The expense of a chosen course of study and the faculty and university selected varied considerably, and the career was meant to prove that this investment had been worth while. Universities and faculties differed in status and this affected the social value of the degrees they conferred. In 'younger' Europe, at all events, the social cachet attached to graduation diminished with the passage of time, chiefly because of the growing number of graduates. No less far-reaching in its effects on the same milieu was the relative equalization of the four faculties within the increasingly narrow structure of the territorial university. All this brought graduation closer to our modern view of it as a certificate of achievement. Up until then, however, the important thing was the diversity of 'graduation' as a social starting-point. Despite all this, the universities enjoyed a certain autonomy and even had an inherent dynamic, which became, in time, a social factor. This is already shown simply, yet decisively, by their longevity; they gradually assumed new 246

Careers of graduates social roles unimaginable at the outset. The relative autonomy of the university system was due mainly to those who, after graduating, continued their careers in the university and so fulfilled the basic function of that graduation. The autonomy of the university is also recognizable from the spatial structure which developed around a college or university location and which, in due course, also began to influence careers. The medieval university can already count it as an outstanding achievement to have gradually clawed its way into and increasingly merged with its regional milieu, with all this implied for careers. THE BEGINNINGS IN ITALY AND FRANCE (TWELFTH CENTURY UNTIL AROUND I2OO)

The social position of university-leavers is most difficult to establish for the early period of the universities and, above all, for their prehistory. What we call 'graduation' existed only in a rudimentary form. Many accounts refer only to a small group of university men or even to a single individual. At best, what emerges are the worlds these people inhabited: the towns, churches, and courts of 'older' Europe. The lead established by the northern Italian towns is clearly visible in the eleventh century. They were bigger, more prosperous and more 'aristocratic', more active politically and economically, more diverse and mobile socially, more effectively laicized, and more interested in education and culture than all other contemporary communities. It was here rather than in the rest of Europe that an independent and literate laity first appeared and developed with surprising speed. This was connected with early rationalism, and the development of law and 'modern' constitutional forms. Out of these there gradually developed the professions of the jurist, the notary, and the physician. The law schools of Bologna were the focal point for the jurists. These schools had existed on a private basis since the second half of the eleventh century, and were united to form a 'university' after 1180. They made possible the emergence of groups of persons who, as legal experts, occupied posts of growing importance for the life of society. The communities needed these specialists for their domestic administration and legal system, in the quest for increasing autonomy and in the competitive struggle with their neighbours. Already in this early period, the general point made above applied: it was a question of introducing something new. Here the high social, aristocratic position of the causidicus (advocate) or iudex (judge) was primary, whereas the exploitation of legal knowledge must be seen atfirstas only a secondary concern. Two legal experts from Bologna appeared in this capacity before the Emperor Henry V in the year 1116. Judicial practice having paved the way, the practice of law as an urban profession emerged during the twelfth century. The persons concerned were laymen, who have to

Veter Moraw be seen against the background of a steadily growing literate urban laity. The posts now being gradually opened to those trained in the law schools had formerly been occupied by persons well versed in customary law. In the second half of the twelfth century and connected with this phenomenon, a constitutional and social change took place from an aristocratic to a podestd constitution. As leaders of the cities, podestd appointed for one year took over from the old aristocratic families. Although themselves of noble birth, these podestd were above all professional administrators, having studied law at Bologna. They went from one city to another, accompanied by a small group of judges, notaries, and secretaries, who also had had some legal training. The specialist qualification thus increased in importance compared with evidence of birth. Moreover, more posts were available. The speed but also the sporadic character of this development must be stressed. Only in this qualified way can we speak here of the emergence, for the first time, of an academically trained class. In contrast to the situation in Paris during the same period, in Bologna well-to-do persons normally studied jurisprudence and soon began to do so with a fairly clear professional interest focused on the community. Law graduates were at work from a very early date in one or two courts, beginning with that of the countess of Tuscany (before noo) and continuing under the emperor (1112). After the middle of the century, a first high-water mark was reached at the time of Frederick I Barbarossa (1155 et seq.). Clerics also studied in Bologna, especially canon law. Increasing numbers of canons, archdeacons, and bishops were trained in law schools. From 1153, a canonist headed the papal chancellery. The great Pope Innocent III (1198-1216) was a former student of Bologna. Finally, aside from all community employment, we can also discern in early Bologna - as, too, at Paris, though fewer in number - the figure of the intellectual, who was socially and professionally an ambiguous 'outsider'. The cultivation of the artes in Bologna indicates a less strict professional attachment and this, too, had its roots in the eleventh century. Masters of arts (especially of grammar and dictamen, the art of letter-writing) were often trained notaries as well, the most widespread semilegal professional class of medieval Italy.3 Paris, along with its very advanced and differentiated urban society, was at the centre of the early history of the university in the northern half of 'older' Europe in the twelfth and thirteenth centuries. Despite numerous personal contacts, however, the world of its studies was basically different from that of northern Italy. The surrounding city, despite its considerable size and many3

J. Fried, Die Entstehung des Juristenstandes im 12. Jahrhundert (Cologne, 1974); M. Bellomo, Saggio sull'universita nell'eta del diritto contune (Catania, 1979); / ceti dirigenti dell'eta comunale nei secoli XII eXIII (Pisa, 1982); P. Classen, 'Richterstand und Rechtswissenschaft in italienischen Kommunen des 12. Jahrhunderts', in P. Classen, Studium und Gesellschaft im Mittelalter, ed. J. Fried (Stuttgart, 1983), 27-126.

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Careers of graduates sided importance, was an indispensable soil rather than a formative factor in the social life of the university. The church milieu in the broadest sense was more important. From the forties of the twelfth century, former Paris students achieved pre-eminence in the papal court, in the college of cardinals, and then in the papacy itself. One in six of the cardinals appointed by Innocent III had studied or taught in Paris, one in two of those appointed by Gregory IX (1227-41).4 The University of Paris came into existence as a social factor almost anonymously. The only way to evaluate its social influences is to analyse the available information about the group of masters. In many respects, beginning with age, the active masters were like the law students of Italy, in contrast to the young students of the arts. Here we must bear in mind the basic twofold division, which is important in any assessment of the universities in the Parisian tradition. As has been shown in chapter 5, they fulfilled at one and the same time the role of present-day colleges (for many pupils) and that of present-day universities (for a small minority). As teachers of the arts, masters could also be students in a higher faculty. Our knowledge of the Paris masters and those of other schools prior to and around 1200 is slight. Certainly, the master's career was more fluid and uncertain than that of the law student, at least the urban Italian law student. But we know virtually nothing of the masters' social origin. In most cases we do not even know exactly where they had studied. The most plausible hypothesis about employment is that there was a steady increase in the proportion of those actively engaged in the court life of the French and English kings or of French and English bishops, for example, in the emergent office of the 'official'. One possible periodization for France would be: first traces, 1140 to 1180; discernible growth, 1180 to 1220; finally, a fairly clear increase from 1220 onwards. The percentage of masters who were also bishops confirms this evolution: 3 per cent in the royal bishoprics in France under Louis VII (1137-80), 20 per cent under Philip II Augustus (1180-1223) - whereas the English percentage was already approaching 30 per cent- and 41 per cent under Louis IX (1226-70). On average, the English kings employed at least twice as many masters as the French sovereigns.5 As will be explained later, the leading position of the English administration can be documented almost a century before 1200 and the gap was hardly made good before 1250. Conditions in the imperial diocese of Liege (including Aix-la-Chapelle, the imperial city), which was part of 'older' Europe, fit smoothly into this chronology. The existence of some 4

5

P. Weimar (ed.), Die Renaissance der Wissenschaften im 12. Jahrhundert (Zurich/Munich, 1981); P. Classen, 'Die Hohen Schulen und die Gesellschaft im 12. Jahrhundert', in Classen, Studium und Gesellschaft (note 3), 1-26; J. W. Baldwin, Masters, Princes, and Merchants, 2 vols. (Princeton, 1970). J. W. Baldwin, 'Studium et Regnum. The Penetration of University Personnel into the French and English Administration at the Turn of the Twelfth and Thirteenth Centuries', Revue des etudes islamiques, 44 (1976), 199—215.

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Peter Moraw thirty 'masters' in the twelfth century has been traced, almost all after 1170. They were employed in the churches of Aix-la-Chapelle and Liege, or formed part of the retinue of important lay lords.6 The extent to which the process of equalization had at that time prospered in 'younger Europe' east of the Rhine is dicussed below. Finally, no account of the masters would be complete without reference to the fact that very little is known of the lives and careers of the vast majority of those Paris students around 1200 who did not graduate. A wide social range and an infinite diversity of individual circumstances can be assumed. THE BEGINNINGS IN ENGLAND, IN THE IBERIAN PENINSULA, AND IN ' Y O U N G E R ' EUROPE

The University of Oxford (before 1214) was only a few years younger than the University of Paris and, in many respects, was very similar to it, in the range of disciplines, for example. Not surprisingly under an Angevin monarchy, conditions in state and church were also similar, except for England's less direct involvement with the papacy. Yet it was a decisive century later than in Italy or France that potentially rival school activities were established in Oxford, clearly not earlier than around 1185. The careers of the English students and teachers provide the best explanation of this.7 Prior to 1190, those who attained onerous ecclesiastical dignities and court offices, or who wrote important works or even merely became schoolmasters, always spent a longer time on the continent, especially in Paris or Bologna. Foreign students did not come to England. On the other hand, we find a great many Englishmen among those Parisian masters around 1200 of whom a little more is known. In the second half of the twelfth century, a loose association of English scholars existed, which, not long after 1200, became the 'English nation' in Paris. All this was despite the fact that the island monarchy was more modern and disposed of an elite in the shape of a group of educated experts, the royal clerks, as well as the fact that well-educated laymen already cultivated law very actively and independently within the royal court, and the fact that literature and culture were highly regarded in the royal entourage. In this respect, England counted as part of 'older' Europe, even if no urban milieu capable of assuming responsibility for higher education yet existed. An important university came into existence in Oxford, even though the town itself could by no stretch of the imagination be compared with Paris or Bologna. 6

7

C. Renardy, Le Monde des maitres universitaires du diocese de Liege 1140-1350 (Paris, 1979); C. Renardy, Les Maitres universitaires dans le diocese de Liege. Repertoire biographique 1140— 1350 (Paris, 1981). G. Stollberg, Die soziale Stellung der intellektuellen Oberschicht im England des 12. Jahrhunderts (Liibeck, 1973); Baldwin, 'Studium et regnum' (note 5), 199—215; J. Dunbabin, 'Careers and Vocations', in History of Oxford, 565-605. 250

Careers of graduates As for the Iberian peninsula, there is little known for sure about the University of Palencia (n8o?-i243/63) in Castile. We should therefore stress the presence of Spanish and Portuguese students in Italy and France. Most of these probably were or became canons.8 When we turn from 'older' to 'younger' Europe, it is possible, on the whole, to envisage the latter as divided into two parts. On the one hand, there was the centre of the continent, open to and in some measure comparable to the west, widely dominated economically and socially by the Rhineland (part of 'older' Europe). On the other hand, there was the periphery in the east and north where conditions were still retarded: density of population, the urban milieu, and the superstructure of church and state are taken here as the indicators. These conditions did not favour interest in the new knowledge. Quite apart from this, however, the new could even appear alien from the standpoint of the traditional Ottonian and Salic educational system of the centre. Nevertheless, the new was in fact received. Broadly speaking, however, it was not yet supported by any general demand; its reception remained, therefore, the outcome of individual decisions taken against the background of an already customary mobility of students and teachers. When the situation of the English in Paris is compared with that of the Germans, Danes, or Hungarians, typical differences can be noted. The number of visiting students who subsequently distinguished themselves by their careers (and are therefore the only ones of whom we have any knowledge) was clearly smaller in the case of those from the periphery. The arrival date of those from the periphery is later than that of those from the centre; the success of students from a distance was less than that of those whose homes were closer. On the other hand, to the extent that it is known, the social rank of the students from far away was above the average. This was natural enough, since those advantaged by birth and property were enabled to continue even in difficult circumstances and were undeterred by failure. A centuries-old wind was blowing through Europe in the new-style educational system, mostly from west to east but also from south to north. It was not easy for anyone without special advantages to resist this trend. Even two centuries later, the two eastern 'nations' of the jurists' university in Prague were plainly more aristocratic than the two western ones. In other words, the further west we look, the more modern the social world we find and the more chances someone with fewer or no advantages of birth and property had than in the east. The differences could be glaring, moreover. We have already mentioned the somewhat better-known Paris masters around 1200. The geographical origin of forty-two of them is known. Sixteen were English and only one - a Dane - came from 'younger' Europe. It is no accident, of course, that the latter was far and away the highest-born of the whole group. Among the 8

J. Verissimo Serrao, Les Portugais a I'Universite de Montpellier (Paris, 1971); A. Garcia y Garcia, Iglesia, Sociedad e Derecho (Salamanca, 1985). 2.51

Peter Moraw seven identifiable teachers singled out for mention by John of Salisbury (d. 1180), only one was not from 'older' Europe.9 In 'younger' Europe, the situation best known is that of Germany.10 Almost simultaneously (between 1153 and 1156), university men became leading figures at the papal, English, and imperial courts; yet the only aristocrat among them (and certainly the least educated) was the imperial chancellor, Rainald of Dassel. If measured by the title of master of the western pattern, the imperial court was not behind the times compared with the papal court and was even in advance numerically of the French court. What Frederick I Barbarossa (1123-90) already had, only Philip II Augustus (1165-1223) attained. The data about German dioceses in the forties of the twelfth century point in the same direction as in the west. But whether the title of master meant academic studies or the old-fashioned dignity of the scholasticus of a cathedral or collegiate church becomes increasingly uncertain the further the distance from the new educational institution. Yet study does not appear as an effective motor for promoting a career or even as a factor in the establishment of 'professional groups'. We have evidence that, of the German bishops between 1002 and 1197, only 4 per cent attended foreign education centres (25 out of a total of 646), fifteen of whom spent some time in Paris in the twelfth century. In this group, which into the thirteenth century included a majority unable to write, aristocratic birth and influential patrons were more important than a period of study. If the social conditions of'younger' Europe in the twelfth century are considered, successful careers which included university studies could only end up in church posts. If this was already true for Germany, it was even truer for the east and north of the continent, with sharply diminishing numbers. Together with the introduction of Christianity in the northern countries (eleventh till early thirteenth centuries), a well-educated higher clergy had to be established. Pope Gregory VII proposed in 1079 to the kings of Norway and Denmark that they send some well-born young men to the curia to be instructed in canon law. In the second half of the twelfth century, Paris was the educational centre for the Norwegian and, to a lesser extent, for the Danish and Icelandic higher clergy. Indeed, after the introduction of Christianity in Iceland in the year 1000, this island showed a remarkable interest in learning and education. Sweden and Finland followed the same pattern, but

9

10

P. Riche, 'Jean de Salisbury et le monde scolaire du XHe siecle', in M. Wilks (ed.), The World of John of Salisbury (Oxford, 1984), 39-61. J. Ehlers, 'Verfassungs- und sozialgeschichtliche Studien zum Bildungsgang Erzbischof Adalberts II. von Mainz', Rheinische Vierteljahrsbldtter, 42. (1978), 161-84; R.M. Herkenrath, 'Studien zum Magistertitel in der friihen Stauferzeit', Mitteilungen des Instituts fur Oesterreichische Geschichtsforschung, 87 (1979), 3-35. 252

Careers of graduates also with a time-lag of one (Sweden) or two (Finland) centuries, compared with central European countries.11 THE UNIVERSAL AGE ( 1 2 0 0 - I 3 8 0 )

The 'universality' of the age 1200-13 80 was due to the existence and influence of the papal church. The universities were primarily and essentially clerical institutions, even when the university's pathway slowly began to lead out of and away from the shelter of the church, or even - in the communal universities of northern Italy and southern France - to bypass it to a large extent. Outside Italy, their members were for the most part clerics. The 'younger' a surrounding society was by the yardstick of European development, the more clearly was this the case. The universal age of university history ended with the Great Schism of 1378, the division of the papacy between Rome and Avignon, with its consequent exposure to the pressure of regional powers. Until then, the increase in the number of university students in the individual medieval societies can be estimated roughly and compared with their advance in church administration. Of the 134 cardinals in the Avignon curia (1309-78), 66 were university graduates. The social status of the various disciplines is, on the whole, reliably reflected in the fact that, of these 66 cardinals, 71 per cent had graduated in law, 28 per cent in theology, and 1 per cent in the arts. 12 Everywhere and at every level, a church emerged in the thirteenth and fourteenth centuries which was, in general, legalist in emphasis. The synodal system, fiscalization, and transactions between local churches and the curia all contributed to this general trend and to a growing demand for university graduates. Avignon became a main centre of the university's social success, one of the most important focal points for the establishment of personal contacts and a whole network of personal relationships. To be close to an important personage in the curia was an advantage for a graduate's career. However, a sober assessment is necessary when the situation is viewed from the angle of the career-hungry individual. He was no more aware of how many people like him were studying in Paris or Bologna, still less of the state of the 'employment market' in his profession, than were the responsible contemporary leaders then or are the historians today. The social range of students at university may have been very wide and the geographical area from which they were drawn extremely vast, but this is not to be misinterpreted as an ideal come true. It was indicative, on the contrary, of 11

12

S. Bagge, 'Nordic Students at Foreign Universities until 1660', Scandinavian Journal of History, 9 (1984), 1-29. B. Guillemain, La Cour pontificate d'Avignon 1309—1376. Etude d'une societe (Paris, 1962),

253

Peter Moraw uncertainties and incalculable risks. Yet the individual needed some predictability, and this only existed in the regions. This regional emphasis was thus a prevalent feature already of the universal era. The catchment area of a whole series of universities was never other than regional in character; indeed, the importance attached to the 'nation' reflected the need for regional anchorage. We would completely misunderstand the nature of university studies and careers in this period if we were to link them with complete freedom of movement throughout Europe. A person who lost the permanent link with his region was rootless and socially handicapped. If it were impossible to assume that this anchorage in the (often modest) home society with the aid of non-academic qualifications was seen as the primary and essential element, the picture we should have to paint of the early universities would be a very sombre one, considering the relative paucity of outstanding posts available in churches, courts, and cities - with the possible exception of northern Italy. This anchorage was either modified positively by university studies or, in the event of failure, not modified at all. Since attendance at university without graduation was regarded as quite normal, however, the notion of 'failure' was far from clear. In the case of the successful and the unsuccessful, a career was normally pursued in the individual's home milieu. Central career posts, which now appear as supraregional (in papal or royal courts), were no less controlled by certain pressure groups than minor career posts, and in this way localized. Nor should the choice of a specific university be seen as the exercise of a preference, since, here again, the career was normally the determining factor in the choice. For the end of this era, this is confirmed by the precise data from the only university of 'younger' Europe which was for a time 'universal', i.e. that of Prague. Many scholars were drawn there from the disadvantaged half of the continent, some of them from great distances. But, despite the common use of the Latin tongue, hardly a single student came from 'older' Europe outside the German-speaking area. Such a student would have compromised his position socially. Finally, broad interactions between the university and society can be illustrated by careers within the university itself. The case of the university teacher is examined in chapter 5. But the churches, lords, and communes also claimed the services of professors for their own ends. The extent of these services in comparison with teaching provides a reliable test of the social value of the university as a whole. The churches and the courts were obviously the stronger parties, so that professors came to have second or 'underthe-counter' careers and the most successful left the university altogether. The most important of these social developments was established in the thirteenth century, namely, the separation of graduation from the replenishment of the ranks of university teachers. Still fundamental even today, this decision, by which graduation was left to the university and the majority of grad-

Careers of graduates uates were sent out into the world, was accepted by society. It was an acceptance all over Europe which only the church could have brought about. The opportunity of having a qualification which was largely or to some extent independent of birth and property was important everywhere, but supremely important in the modernization of less advanced societies. THE UNIVERSAL AGE IN

OLDER

EUROPE

The urban societies of northern Italy in the thirteenth and fourteenth centuries were the most developed in Europe. Strongly expansive forces were operating there, to which, as elsewhere - by 1350 at the latest- the brake was suddenly applied. Given the endless variety of detail and the lack of representative statistics, all we can attempt here is a brief outline of the general developments.13 In the first place, alongside the usual social classes, certain factors dependent on 'market mechanisms' should be noted. Mobility between aristocratic and common birth was nowhere greater than in Italy. An aristocracy which had lost most of its resources came to terms with the wealthy bourgeoisie, which felt the attraction of the courts. Knowledge and culture as administered by the universities were hardly less helpful here than the already tried and tested field of law. In the communes, minimum standards were established for active jurists in the thirteenth century, and this meant not so much graduation as a minimum period of study. Only two centuries later was this the case in France. To a far greater degree than elsewhere in Europe, the Italian university also lived off the city in the cultural area of rhetoric and dictamen as part of political and administrative life. A developed educational system offered further opportunities for arts graduates, not only as teachers but also as secretaries in the chancelleries of princes or towns. Physicians appeared as practitioners, scholars, and members of the urban elite. More properly here than elsewhere we can thus speak of 'professions'. For France in the thirteenth and fourteenth centuries, the view from the south is instructive, especially if, out of the wealth of facts, we emphasize only the historically very important role of the jurists, who implemented the royal policy of establishing a strong, expansive, and unifying monarchy. For the beginning of the period, however, the difference between north and south and the latter's connection with northern Italy should be stressed. A relatively uniform north-western Mediterranean area, including parts of Catalonia, is evidenced later on as a largely urbanized and laicized region through trade, 13

C. Lefebvre, 'Juges et savants en Europe (i3e-i6e s.)', Ephemerides iuris canonici, 22 {1966), 76-202; 23 (1967), 9-61; T. Pesenti Marangon, 'Universita, giudici e notai a Padova nei primi annidedominioEzzeliniano (1237-1241)', Quaderni per la storia dell'Umversitd di Padova, 12 (1979), 1—61; W. M. Bowsky, A Medieval Italian Commune. Siena under the Nine, 1287-1355 (Berkeley, 1981).

Peter Moraw communications, and the legal system. The Italian influence on the spread of the consulate system, the notariate, and even jurisprudence in southern France can be traced step by step. Bologna influenced legal culture from the beginning of the twelfth century. Many Frenchmen from the south had studied there, but most of these returned home for their careers. Since Bologna was so easily accessible, effective law teaching was not established in the Midi earlier than around 1260-70 - in Toulouse a generation later, in Montpellier earlier than the official foundation of the university (1229,1289). An almost 'Italian-style' legal landscape, with written law even in the private sphere, already existed at that time. Here it is possible for the first time to gain a more precise idea of academic careers. In the five senechaussees of the south between 1280 and 1320, 189 jurists are named as being in royal service, 131 of them as judges, and 58 as advocates and procurators, with 54 of them bearing the title of doctor.14 This is a figure which would have to be regarded as unimaginable in 'younger' Europe even centuries later. Work for private or public employers in the towns of the region was regarded as normal. Service in the royal entourage was not eagerly sought; it was poorly rewarded and only on a short-term basis. No more than ten or eleven jurists found their way to the king or parliament in Paris. The jurists outside the royal service created a legal climate which kept the acts of the monarchy under constant surveillance, in the formal expert way at least. As a result, the king's servants also had to be sufficient in number and of good enough quality to avoid wasting time in parliament. For the king's opponents employed advocates, too. The cities in particular hired them in growing numbers, and, from the fourteenth century, an increasing number of jurists also figured among their consules, with the exception of Montpellier. The new legal culture thus spread in terms of both 'style' and personnel, providing employment for other colleagues. Even the offspring of aristocratic families became doctores, though most of the latter were bourgeois. Most of them continued to be interested solely in the problems of the regions to which they returned after university. There were exceptions, of course, such as Guillaume de Nogaret, professor of Roman law in Montpellier, and Pierre Flote, well known as royal ministers with few scruples. At home, hopes of rising into the patriciate were cherished. As examples of careers from Lyon show, it was necessary to invest a considerable sum of money and this the family had first to find. Without it, success was hard to come by.15 In the north, which gradually gained the upper hand politically, we have 14 15

J. R. Strayer, Les Gens de justice du Languedoc sous Philippe le Bel (Toulouse, 1970), 2off. Universites en France, 95—108; J. Verger, 'Les rapports entre universites italiennes et universites franchises meridionales (Xlle-XVe siecles)', in Universitd e societa, 145-72; A. Gouron, Le role social des juristes dans les villes meridionales au Moyen Age', Annales de la Faculte des Lettres et Sciences Humaines de Nice, 9-10 (1969), 55—67; R. Fedou, Les Hommes de loi lyonnais a la fin du Moyen Age. Etude sur les origines de la classe de robe (Lyon, 1964).

256

Careers of graduates documentation of conditions from the royal court and the churches. Jurists from both the south and (more numerous) the north were in royal service. However, after 1285 and with the advent of Philip IV the Fair, one finds above all jurists from the northern part of the kingdom trained at Orleans working in the parliament, the public accounting office, and the chancellery.16 As everywhere in Europe, compared with the knightly aristocracy on which every ruler continued to be dependent, they constituted a minority in the royal court. There were, however, posts which only jurists could fill competently, and these were growing in number. After a preliminary stage under Philip II Augustus and Louis IX (1214-70), jurists were regularly present. Around 1300, an era matured. Careers began to emerge which had originated in the bailliages and senechaussees. Self-recruitment in social groups became a familiar phenomenon. From around 1280, jurists are to be found among the counts of Flanders, who were particularly dangerous vassals; twenty or forty years before this, there were magistri who may have been jurists.17 Under Pope John XXII (1316-34), the entire world of the French church can be surveyed in terms of the system of benefices.18 Numbers which command respect clearly show the superiority of France, at all events on the continent north of the Alps. Of 16,773 papal interventions in the French and Burgundian churches, 4,879 were concerned with graduates. If the accumulation of benefices is considered, 14,000 persons were involved, of whom around 4,000 were graduates. More than half of these, i.e. 2,836 clerics, had studied jurisprudence. We find the amazing figure of 1,255 doctorates and licentiates in civil law, to which figure must be added 252 canon law titles and 329 from both disciplines. Finally, of the 556 who graduated in more than one faculty, another 403 were jurists of all grades. This leaves a total of 381 arts men, 359 physicians, and 305 theologians. Only 442 figure as non-graduates. The best individual example in the long run is the royally connected cathedral chapter of Laon.19 From 1272 to 1412,48 per cent of 850 canons were masters or held a higher degree. Prior to 1200, the proportion was 15 per cent, rising to 22 per cent between 1200 and 1220 and then, from 1240 to 1280 and thereafter until 1378, already to 45 per cent and 43 per cent, respectively. After 1378, the proportion was 65.5 per cent. One hundred and sixty canons were jurists, n o of them doctors or licentiates. Not more than 15 per cent of the 16

17

R. Cazelles, Societe politique, noblesse et couronne sous Jean le Bon et Charles V (Geneva, 1982); R. Cazelles, 'Unechancelleriepriviligiee: celledePhilippe VI de Valois', Bibliothequede I'Ecole des Chartes, 124 (1966), 355-81. B. Guenee, Tribunaux etgens de justice dans le bailliage de Senlis a la fin du Moyen Age (vers 1380-vers 1550) (Strasburg, 1963); J. Gilissen, 'Les legistes en Flandre aux XHIe et XlVe siecles', Bulletin de la Commission royale des anciennes lois et ordonnances de Belgique, 15 (1939), 117-231.

18 19

L. Caillet, La Papaute d'Avignon et I'eglise de France (Paris, 1975). See also note 12. H. Millet, Les Chanoines du chapitre cathedral de Laon 1272-1412 (Rome, 1982). 2-57

Peter Moraw canons were of noble descent, though most of the rest were not really bourgeois in the broad sense but - as befitted a church with royal and papal connections - members of a bourgeois church officialdom. Since statistics of this kind must mostly do service for general social conditions, even in large nations, another of the few still known groups of data is added here. If the names of all known French health specialists (physicians in the strict sense, as well as barbers and surgeons) are arranged chronologically, the resultant picture is of a fairly clear increase from the first half of the twelfth to the second half of the fifteenth century, though at different rates, of course. The largest increase occurred in the second half of the thirteenth century and the smallest in the fourteenth century. The numbers for the first half of the twelfth century are related to those of the second half of the fifteenth century in the proportion of one to five.20 It is difficult to obtain more than an accidental glimpse into less lucrative professions than those of jurists and physicians. This is the case, for example, when an attempt is made to demonstrate the difficult position in which masters of arts, no less than other arts men, found themselves. Even at an advanced age, 'ordinary' masters found themselves badly provided for in the way of benefices attached to teaching posts for permanent servants of the university. That makes sense since, in this respect, the pre-state university fell between all possible stools. In the first instance, secular and ecclesiastical patrons were obliged to provide for closely connected persons, so that there was rarely anything left over for the 'free enterprise' of the masters. The simple masters of arts, if they did not obtain a sufficient ecclesiastical benefice, often had to resort to modest employment as schoolmasters. Although masters of theology had better chances, either in high offices of the church or in better endowed professorships, they suffered from the competition of the jurists in their careers. The luckiest were those who belonged to mendicant orders and who generally attained high posts in their respective orders.21 The Iberian peninsula's part in the universal age of university history was more passive than active. The most valuable input came from the Universities of Salamanca (from 1218-19), and Lisbon-Coimbra (from 1288-89). Particularly in the thirteenth century, however, the migration to Italy and southern France, and also to Paris and even to Oxford (in both instances for theology, which was lacking at home before the Great Schism), seems to be more important. This was true, above all, for canon law, though the Iberian universities followed the Bologna model. But there was no urban milieu, as in Italy, nor was there any early laicization; rather the dominant role of monarchies and churches prevailed. In Castile, however, the two universities - Salamanca 20 21

D . Jacquart, Le Milieu medical en France du XHe au XV'e siecle (Geneva, 1981). T . Schmidt, 'Pariser Magister des 14. Jahrhunderts u n d ihre Pfrunden', Francia, 14 (1987), 103-38; J. Verger, 'Pour une histoire de la maitrise-es-arts au M o y e n Age: quelques jalons', Medie'vales: Langue, Textes, Histoire, 13 (1987), 117-30.

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Careers of graduates and Valladolid - which were both protected and financed by the king and the towns, trained a not insignificant number (though inferior to the numbers trained in France or England) of letrados, masters of arts and law graduates, who subsequently found employment in the royal, ecclesiastical, or municipal administrations and tribunals. However, given the 'feudal' structure of the country, which was still predominant, the group of letrados, while becoming increasingly important during the course of the fourteenth century, never really became autonomous; many graduates entered the entourage of the aristocracy.22 This situation already announced that of the countries belonging to the Holy Roman Empire. Of English bishops between 1216 and 1499, 57 per cent studied at Oxford and another 10 per cent at Cambridge. The numbers increased from century to century, so that in the fifteenth century, for example, the proportion of bishops having attended one of the two universities rose to 91 per cent; under Henry HI (1207-72) the figure was 51 per cent and under Edward III (1326-77) it was 70 per cent. The proportion of theology to law, which in the beginning was surprisingly high, declined to what was still a high level, i.e. around 40 per cent. At a very rough estimate, a fifth of all Oxford students in this period attended a higher faculty. Given the overall situation, it is not surprising that graduates not only followed the customary road into cathedral and collegiate chapters but also, to an internationally exceptional degree perhaps, into the parish clergy. Already between 1280 and 1317, the highest figures in some dioceses were 26 per cent and the lowest 7 per cent.23 Again, we have no comparable statistics for the secular field, that is to say for judges and other civil servants of the crown. As in France, the erasure of the boundary between clergy and laity within the group of 'clerks' in the thirteenth century was an important factor. In point of fact this accelerated the laicization of society.24 The discernible trends are, as expected, in the direction of really 'modern' conditions. Among the graduates, for example, the success of arts men continued to diminish. Despite the fact that judicial careers were still pursued in the field of customary law far from the universities, the most effective way of entering administration of all kinds was to have studied civil law or, at a pinch, canon law, at the university.

22

23

24

A. Rucquoi, 'Societes urbaines et universites en Castille au Moyen Age', in D. Poirion (ed.), Milieux universitaires et mentalite urbaine au Moyen Age (Paris, 1987), 103-17. T . H . Aston, 'Oxford's Medieval Alumni', Past and Present, 74 (1977), 3-40; T . H . Aston, G. D. Duncan, and T . A. R. Evans, ' T h e Medieval Alumni of the University of Cambridge', Past and Present, 86 (1980), 9-87; R. B. Dobson, 'Recent Prosopographical Research in Late Medieval English History: University Graduates, D u r h a m M o n k s , a n d York C a n o n s ' , in N. Bulst and J. P. Genet (eds.), Medieval Lives and the Historian. Studies in Medieval Prosopography (Kalamazoo, 1986), 181—200. Cf. J. R. Strayer, ' T h e Laicization of French a n d English Society in the Thirteenth Century', Speculum, 15 (1940), 76—86.

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Peter Moraw THE UNIVERSAL AGE IN

YOUNGER

EUROPE

Only from the last period of the universal era of university history did a university also exist in 'younger' Europe. What does this imply for the period before 1348 and what changed after that date? Despite considerable regional differences, central Europe is to be seen as a unity. From the thirteenth to the fifteenth century, a significant acceleration and equalization took place in medieval university history, once this central area had, in some measure, reached the demographic and urban level of the west (but not of the south), and once the clerical monopoly of literacy had begun to be broken. The chronology of this process is still insufficiently known. At all events it was characterized, as normally happens in historical developments, by speedy accommodation at the summit and a slower effort, intensively and qualitatively speaking, on a broad front. Studies and careers were more clearly separated than in 'older' Europe. There was less social mobility; usually it was more a matter of redistributing existing resources than of securing fresh ones. The decisive change in the direction of an academic 'competitive society', already existing in the northern Italian cities to a great extent, did not take place here until the late fifteenth century. Although there were a number of quasi-university institutions - the result of efforts mostly in the first half of the thirteenth century - studies in 'younger' Europe relied on migration to the 'older' European centres, since the domestic educational institutions did not offer graduation. For the many who subsequently occupied leading posts, the experience abroad was of supreme importance, particularly for the Germans. Unfortunately, we have more or less precise knowledge only of the 'upper class', comprising those who followed successful careers. They probably numbered altogether several thousands in the thirteenth and fourteenth centuries. Round about 1300, the German nation of the University of Bologna regularly totalled more than 200 students.25 From the very beginning, however, there must also have been a migration of poor students, often in the wake of the powerful, though it is still hardly possible for poor people to be identified as individuals. Even in Germany, the university, once it existed, was mainly an urban phenomenon. In the measure that university study was followed by a successful career, it was for the Germans, none the less, an aristocratic privilege. Only in the lower Rhineland was the situation somewhat different; the behaviour pattern there was part of 'older' Europe. Moreover, in many areas it is not easy to distinguish between the lesser nobility and early urban leadership groups. Only in the later fourteenth century do we find the vital social changes 25

S. Stelling-Michaud, L'Universite de Bologne et la penetration des droits romain et canonique enSuisseauxXHIeetXlVesiecles (Geneva, 1955); A. I. Pini,' "Discere turba volens". Studenti e vita studentesca a Bologna dalle origini dello Studio alia meta del trecento', Studi e Metnorie per la Storia deH'Unwersitd di Bologna, new series, 7 (1988), 62-9. 260

Careers of graduates taking place, with the participation of many from the bourgeois class as well as with the beginnings of laicization. A second mark of the first successful students was their church connection. In contrast to the situation in 'older' Europe, here the study of canon law was the main discipline for politics and higher administration. Except in the lower Rhineland, Roman law remained a luxury discipline up to the fifteenth century, until the emperor finally made this an option for Germany as well, and not exclusively one for his Italian subjects (as during the Salian and Staufer period already). The elite usually pursued their studies after having first secured a canonry or similar benefice on the basis of birth. This led to attitudes of superiority and even arrogance in centres such as Bologna, Padua, and Orleans. At first, therefore, there was a tendency in Germany to stress rather than ignore the old differences in development. Most of the benefices in cathedral and collegiate churches were in the west and south, since the north and east were often poorly provided for in this respect. An aristocratic student or jurist still belonged to a minority in his own aristocratic society, which continued to fill posts by regional family alliance. Noble birth made successful study possible, but successful study was not a typical sign of nobility. Even up until about 1350, there were many noble canons able, at a pinch, to read, but unable to write. The attitude of a collegiate chapter to study largely depended on regional and social conditions. It was in the fifteenth century that the sudden change came about. Whereas 29 per cent of the canons in the cathedral chapter of Breslau (1341-1417) and 21 per cent of those in the cathedral chapter of Bressanone (Brixen) (1300-1400) were students, the percentage soon after increased sharply, to 60 per cent in Bressanone, for instance.26 A third characteristic of aristocratic study was its markedly minority role at the moment when it became possible for the masses to enter the arts faculties. Even in the fifteenth century, less than 3 per cent of all German university students managed to obtain a degree in a higher faculty. The opportunity of becoming a graduate in this way was good for someone of noble birth or - from the fourteenth century - of wealthy urban origin. In other words, the division between the haves and have-nots was fairly clearly reflected in the faculties. Jurisprudence was the science for the elite even in the church, which, in Germany, was still largely 'feudal' in the higher ranks. The arts and theology faculties were bastions of the middle class and poorer classes, particularly of social climbers - though mostly only up to a stage below the really important posts. One reason why the faculties of medicine were the smallest among the higher faculties north of the Alps (see chapter 11), and enjoyed less esteem than the others, was due to the fact that, of all the graduates, medical doctors frequently received the lowest recognition in 26

L. Santifaller, Das Brixner Domkapitel in seiner personlichen Zusammensetzung im Mittelalter, 2 vols. (Innsbruck, 1924-25), especially vol. I, ii4ff.

Peter Moraw medieval society. Doctores medicinae or physici, as they were also called, were few and originated from the middle or artisan classes (often surgeons' sons). Medical education and the medical profession were often tied to certain families.27 As for jurists, what happened in the courts of the king and princes is this time better known than in 'older' Europe. The numbers were fewer in comparison, the degrees more modest, and social relationships more oldfashioned. Just as clearly observable as in the west and south of the continent, however, is the evidently irresistible tendency for all higher administration to be brought under the control of the jurists and the increasing range of career possibilities accompanying this process. The number of jurists who had business with the ruler multiplied sixfold from King Rudolf I (1273-91) to the Emperor Frederick III (1440-93) - 230 persons in all. The princes of the Holy Roman Empire followed suit with their legal staff (some 700 persons from 1250 to 1440), depending on the challenges facing the princes and the situation of their country's development. As usual, the west and south of the empire were favoured.28 Despite the relatively homogeneous social background of the jurists, there was no uniform recruitment pattern for the Holy Roman Empire as a whole. Decisions were made regionally depending on the situation at the centre of government. Until the fifteenth century, study abroad continued to be a socially more valuable qualification and here, apart from west of the Rhine, Italy was the clear favourite. From around 1370, jurists would appear to occupy posts on the basis of their training at German universities, with the result that those with an urban background became increasingly important. Although the university founded in Prague in 1348 closed down after two generations it was of fundamental importance for the relation between higher education and society in 'younger' Europe. There were fewer possibilities for careers, and the accessibility of less modern societies was more limited, given the practically irreparable backlog of a century or more. Prague could never become Paris or Bologna, any more than could Vienna or Heidelberg. These and other 'daughter' institutions of Prague were implanted by the authorities, as in Prague itself; there was no development in stages. Because of their poverty, they were subject to the pressure of the need for constitutional and social unity and, later on, to the pressure of the regional lord in favour of 'rationalization'. The rectorial register, henceforth the most important source for the social history of universities, since it enables us to replace guesses by 27

28

E. T . Nauck, 'Die Zahl der Medizinstudenten deutscher Hochschulen im 14.-18 Jahrhundert', Sudhoffs Archiv fur die Geschichte der Medizin und der Naturwissenschaften, 38 (1954), 175—86; Schwinges, Universitdtsbesucher, 468-70. P. Moraw, 'Gelehrte Juristen im Dienst der deutschen Konige des spaten Mittelalters (12731493)', in R. Schnur (ed.), Die Rolle der Juristen bei der Entstehung des modernen Staates (Berlin, 1986), 77-147; I. Mannl, 'Die gelehrten Juristen im Dienst der deutschen Fiirsten im spaten Mittelalter (1250-1440)', dissertation, Giessen, 1986. 262

Careers of graduates statistics, was itself the product of such straitened conditions. It is no accident that the oldest one we have is that of the jurists' University of Prague (13721418).

The social situation of Prague can be seen as a continuation and development of the two-stage study pattern of the migration period. Over and against the 3,563 inscribed jurists, there were at least five times as many arts students, the vast majority of whom did not even obtain the lowest degree. University attendance thus meant very different things. The first signs of the social modernization processes (of which we shall speak later) began to appear towards the end of the century, for example, in the remarkable devotion to the study of arts and theology in Bohemia. There seemed to be too few suitable posts in churches and administration, however. The university crisis, which, after 1400, culminated in the Hussite question, was also connected with the over production of masters or arts who wished to prolong their stay at university.29 Prague University initiated for future leaders experiences of the kind that had previously been provided by the south and west of Europe for the benefit of central Europe. But this 'international' role of Prague concerned only 'younger' Europe in a surprisingly strict way. The Scandinavians soon switched from Paris to Prague and, after Prague's demise, mostly to Leipzig (from 1409) and Rostock (from 1419), so that a part of Europe was reoriented. The same principle applied in other eastern European countries, such as Poland and Hungary. The highest input of students was from Poland. The fact that the leading urban groups were often of German origin made it easier for students from Poland and Hungary, and perhaps also from Sweden, to pursue their studies in Germany.30 The main social attributes of German students can be found some time later in Scandinavia, firstly in Denmark, then in Sweden and Norway, and finally in Finland. Studying in Italy continued to be important because of the high social rank of students and the corresponding likelihood of their subsequently occupying high positions, mostly in the churches. From the fourteenth century, nearly all the Nordic bishops had studied and about half of the canons of the cathedral and collegiate chapters, including those from Finland. The number of educated clergymen increased constantly until the Reformation in all the northern countries. Lay graduates from the upper social strata could also follow a career in the king's service. The Norwegian royal administration had more educated non-noble laymen than the Swedish or Danish. Both Denmark and Sweden had a wealthier and more 29

30

P. M o r a w , 'Die Universitat Prag im Mittelalter', in Die Universitat zu Frag (Munich, 1986), 9-134G. Bonis, 'La penetration du droit romain dans les pays slaves et hongrois', Recueil de Memoires et Travaux publie par la Societe d'Histoire du Droit et des Institutions des Anciens Pays de Droit Ecrit, 6 (1967), 75-83.

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Peter Moraw privileged aristocracy, whose education conformed more to the normal pattern of aristocratic families in central Europe.31 All in all, there were enough career opportunities for wealthy students coming home after having spent some years at a foreign university. It is, however, difficult to know to what extent an academic education stimulated social mobility. THE NATIONAL AND REGIONAL ERA IN

OLDER

EUROPE

(138O-I5OO)

The third phase of European university history may be described as one of concentration i.e. of both intensification and narrowing, as with many other contemporary developments. The concrete event which serves as the caesura here - the Great Schism of 1378 - points both to the decline of the universal church and the growth of the individual state. Equally important, at a time when the total population was sharply decreasing, was the relative and somtimes absolute increase in the number of university students. From around 1450, this was once again offset by a general increase in population. Instead of small groups of students, as was the case prior to and around 1200, we are now able to envisage totals running into hundreds of thousands, even when some of the older universities encountered a period of difficulties during the course of the fifteenth century (Avignon, Montpellier). In this phase, urban northern Italy, still the most modern of the four main contexts of medieval universities, also offers the least clear profile. It would be presumptuous to venture any summary. We can, however, consider the dozen or so more or less successful Italian universities existing around 1500 as a single system in which students often moved from one place to another. This was independent of the fact that these universities, too, were increasingly being pressed into the service of the states. At the same time, throughout the fifteenth century, the social mobility within these universities remained considerable. When we compare its jurists and educated physicians, certain features of the leading and also most attractive community, namely Florence, are characteristic of the wider picture.32 These are significant groups (163 individuals from 1380 to 1530,150 individuals from 1350 to 1450) with radically different social patterns. On the basis of a far better quality of biographical material than exists for all the above-mentioned groups, one common feature which could previously be presumed but is now demonstrable was that a career did not depend solely on the study pursued. Both career and study are part of a long-term and broad-based ensemble of social connections, which have to be interpreted in terms of the family destiny at their centre. The decision to 31

32

Bagge, ' N o r d i c Students' (note 11), 8 - 1 3 ; H . H o l m a a n d A. M a l i n i e m a , Les Etudiants dais au moyen age (Helsinki, 1937), 13—15. L. M a r t i n e s , Lawyers and Statecraft in Renaissance Florence (Princeton, 1985).

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finlan-

Careers of graduates study and the choice of discipline were not just autonomous options marking a fresh start, but were often determined by factors which continued to affect the career beyond the study period. For the groups of Florentine patricians and leading social climbers whose success was already evident, a period of legal studies was, in the first place, the consequence of a successful family history, now consolidated after generations of risky trading: one's son and grandson would study jurisprudence. This pattern reminds us of capable upper middle-class merchants north of the Alps and their efforts to establish themselves in their more traditional milieu by 'old-fashioned' land ownership and noble rank. Those jurists practised their profession but it was not a profession of the kind familiar to us in the modern struggle for existence. It was only the third group of Florentine jurists that came close to assimilating this active model, since those who belonged to it had to offset their foreign origin; but they were of respectable status, too, otherwise they would have had no chance of success at all. To achieve success, hard work was indispensable. There was no fourth group worth speaking of. Not surprisingly, in view of the increasing complexity of conditions both at home and abroad, the commune recruited from these subgroups on the basis of individual achievement, with opportunities diminishing proportionately from the first to the third of them, those jurists who served as political leaders in Florence- and, all in all, they were an impressive number. A similar process has also been established in the case of Milan and Venice, here with political conditions of an even pricklier kind. Even smaller towns like Pistoia increased the number of posts to be filled by jurists.33 In Florence, if nowhere else, it was an elite of a kind rarely encountered with such a clear profile. To be a physician on the Arno, on the contrary, was much more 'modern' and also more uncertain and the prospects were poorer, not to mention the dangers of the profession in times of major epidemics. This may have been a major reason why the group of 'incomers' from the rural districts and from beyond the frontiers was the largest; this was already the occasion of much unrest in the social history of the medical doctors. But even among the Florentines, who found themselves increasingly in a minority, the study of medicine and the careers to which it led were, from the angle of family history, only a first and usually the only step upwards for secondary health agents, minor traders, and notaries, and even artisans (but very seldom - only three cases have been identified). Three doctors came from the aristocracy, fifteen were recognized social climbers. Medical studies were very expensive and subsequently extremely rewarding financially. The mercenary factor was much more prevalent than among the jurists. The medical profession had no powerful tradition, received less support from family connections, and had 33

D. Herlihy, Medieval and Renaissance Pistoia (New Haven/London, 1967).

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Peter Moraw less traditional influence on sons than was the case with the jurists. When, as in three instances, a doctor broke into the limited circle of those with some political influence, this was certainly an individual achievement of some weight by comparison with the fifty jurists who did likewise. The better-known French conditions none the less need to be commented upon in any attempted survey, even if it is only possible to speak of trends rather than quantities.34 One fundamental feature of what also happened here was the process of regionalization, characteristic of the world into which the eight universities founded in the fifteenth century were born (on the whole, these remained relatively small). This regionalization affected even Paris and, to an increasing extent, the 'customers' of the universities, even the royal institutions. The French law faculties developed into almost exclusively professional and largely laicized training schools. By 'professional' here we mean not so much immediate applicability but a general training in legal thinking and, even more, the process of socialization among one's peers. At all events, the universities established very concrete contacts with the families which sent them their sons, ties which even tended to transform the social structures of the university. The heavy fees typical of the system meant that the profession was restricted almost completely to well-off families. All this was hardly possible except on the basis of an expensive and private preparatory education at school or at home. It was a far cry from the traditional Parisian 'general' arts courses open to all and which, judged from the standpoint of social success now (and probably earlier), turned out to be vague and ineffectual. A second Paris was never established in France. It remains unclear how large arts faculties should be judged, whether as more advanced philosophical schools or as training grounds for beginners, differing little from the school milieu. Even the higher level of the lawyers was full of uncertainties. It is astonishing, or perhaps indicative of fluctuations in social life, which must be assumed to have been widespread, that the pool of French jurists studying at one and the same time (estimated as from 3,000 to 3,300 in all) changed its proportions within a few years (1393/94-1403): a two-thirds majority from the south was changed into a two-thirds majority from the north, with the total figure remaining unchanged. For canonists, the churches were the main employers. Yet graduates in Roman law enjoyed greater prestige; even in the church, they often occupied the highest positions. But it was obviously the king, important princes (duke of Burgundy, duke of Brittany, count of Provence), or the cities which nor34

In addition to references in notes 15-17: J. Favier, 'Les legistes et le gouvernement de Philippe le Bel', Journal des Savants (1969), 92-108; J. Verger, 'Sul ruolo sociale delle universita: La Francia tra Medioevo e Rinascimento', Quaderni storici, 23 (1973), 313-58; A. Gouron, 'Le recrutement des juristes dans les universites meridionales a la fin du XIVe siecle: Pays de canonistes et pays de civilistes?', in Universities in the Late Middle Ages, 524-48; A. Rigaudiere, 'Hierarchie socioprofessionnelle et gestion municipale dans les villes du midi francais au bas Moyen Age', Revue historique, 269 (1983), 25-68.

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Careers of graduates mally made use of their competence. Compared with Italy and the south of France, the laicization of northern lawyers and the advance of northern jurists in the cities was clearly belated, not occurring until the second half of the fourteenth century. Once again, this advance had a twofold thrust; it served the ambitions of newcomers who wished to rise in the world and, later, the further consolidation of existing leading families or those still of secondary rank. Examples from Lyon, Poitiers, or smaller towns show that here, though a start was made later than in Florence, the success was greater. This was probably due to the fewer political demands made under the cloak of the monarchy and to a more restrained political climate. In the leading cities, at all events, after earlier beginnings, roughly between 1430 and 1456-60, jurists became so firmly established in the ranks of lay assessors and councillors that it became possible to speak in superficial terms of a predominance of doctors and licentiates. What this amounted to, however, was not only a dissolution of the old aristocracy but also a new legitimacy of hitherto leading families. The result was a transformed urban world. At the same time, graduates were well represented amongst the clergy, especially in the cathedral chapters; many canon lawyers served both the state and the church. The spread of Gallicanism and the retreat of papal intervention in the fifteenth century did not permanently exclude graduates from ecclesiastical benefices; they were too numerous and too indispensable.35 In the fifteenth century, the development of the power of the monarchy was also dependent on leading groups of various kinds and was seriously hindered by fickle political fortunes. However, the social factors proved the most difficult to master. A group of jurists on whose expertise every monarch increasingly depended reacted with temporary changes rather than with a really fresh start. The Paris parliament - the supreme royal court - and the central administration outside the court were two groups each consisting of roughly a hundred persons with very extensive structures by European standards. The parliament (we have details of 678 of its members between 1345 and 1450) was undoubtedly the more compact group. Perhaps with the exception of the papal court, this parliament contained more legal expertise in an increasingly concentrated social form than anywhere else in Europe. The data on graduation show the expected increase, but it is generally agreed, with more reason here than elsewhere, that possession of a degree is already to be assumed as normal practice around 1350. During the latter part of the fifteenth century, the practice of handing down an office in the family, which as a widespread normal practice hardly raised an eyebrow any longer, also existed in the group of members of parliament. However, the hereditary nature of an office did not imply abandoning one's law studies, as the act of studying had become a family tradition. 35

H. Millet, 'Quels furent les beneficiaires de la soustraction d'obedience de 1398 dans les chapitres cathedraux fran^ais?', in Bulst and Genet (eds.), Medieval Lives (note 23), 123-37.

Peter Moraw The extent of the legal complexion of the teams of twenty-seven bailiffs and twelve seneschals was clearly less than the number of posts available, i.e. two or three in each case. Here, again, an increase was possible, but hardly prior to 1500. At the end of the fifteenth century, as illustrated by the case of the small bailliage of Senlis, north of Paris, not only the two or three royal judges of the tribunal but also the advocates and even the mere attorneys were increasingly university graduates. From 1434, five new provincial parliaments were created. This made it possible for advocates, who were now - with increasing frequency - licentiates and doctors, to establish a permanent place in administrative and judicial circles. In many cases the way was opened to wealth and nobility. All these posts, however, lacked any supreme decision-making authority. Posts with such authority were still reserved for the ruler's aristocratic ministers, although, before the end of the fifteenth century, hardly any thought was given to supplementing their training with legal education. There were never more than a few jurists in the royal council. The year 1450 is the rough boundary between the earlier stagnation and the extension of possibilities. Henceforth we can reasonably speak of a legally educated leading stratum independent of the church. The next step, which appears logical but which was only tentatively taken prior to 1500, was to establish conditions for controlling admissions to the legal 'professions', too. As dates, 1490 may be indicated for advocates and 1499 for the lieutenants generaux of the bailiffs and seneschals. This was not so much the creation of something entirely new, but rather the confirmation of customary practice in written form. Correspondingly, perhaps also as the result of an oversupply, the importance of graduation to some extent declined. The same thing is found in other countries as well, so that licentiates and doctors are now found occupying posts which previously seemed inappropriate. This reversal applied still more to graduation in the arts. Apart from individual cases, however, we still do not know which professions the masters and students of the large Paris faculty entered before and after 1450. Certain masters of arts became attorneys, others schoolmasters; many remained in the lower ranks of the urban clergy. There was little change in the main features of English university history in the fifteenth century. The first interesting point is that, with an estimated 2,000 persons studying contemporaneously at Oxford and Cambridge prior to 1400, and with the increase in this figure to roughly 3,000 around the year 1450, the student population was very large in proportion to the population as a whole. It was certainly higher than in France and far higher than in central Europe. 'Older' than in France or Italy, however, was the fact that in England all this was closely connected with the church. Here again, we must remember the gradual blurring of the boundaries between clergy and laity. The situation was not greatly altered by the Reformation. 268

Careers of graduates The registers of New College, Oxford (founded in 1379), enable us for once to cite original 'statistical' data for medieval England. An analysis of the background of students (937 in all, excluding unclear cases), which presents a rather more 'conservative' picture than the university average, shows that, from 1380 to 1500,63.2 per cent of the students came from the rural areas; the majority of them may have belonged to families of 'smallholders'. Only 21.8 per cent were urban residents, and one in seven of them from the urban 'aristocracy'. The proportion of gentry (including state officials in this group) amounted to 12.5 per cent. Only six persons were nobles in the narrower sense and only two from the lower class. A very remarkable fact is that 45 per cent of the 'smallholders' lived on college land.36 A study of the careers of 2,040 persons (42.5 per cent of these are unclarified cases or early deaths) demonstrates the overwhelming predominance of church posts, also for the period from 1451 to 1500: 39 per cent joined the ranks of the parish clergy, a further 5 per cent of clergymen went into church administration and the courts, another 2.5 per cent into an amalgam of church and secular administration and justice, and finally 7.5 per cent into other clerical posts. For only 2.5 per cent is there evidence of posts exclusively in the lay world (officials, judges, schoolmasters). If we examine the same source material for the longer but less uniform period from 1380 to 1520 (with 44 per cent of unclarified cases or early deaths), we find that at least 46 per cent entered the ecclesiastical sphere and only 5.5 per cent that of the laity.37 As everywhere in 'older' Europe, in England civil and canon law stood side by side and even attracted increasing numbers of students from around 1460, but both were primarily in the service of the church. In contrast to the situation in highly urbanized northern Italy, the laity may well have represented the more modest part. In these circumstances, the benefice situation was hardly less fundamental than in Germany. Fluctuations in the attitude of those with disposal rights became vital questions for the university - a situation very different from the one prevailing in the Mediterranean area. Clerical activities to a large extent overlapped with secular ones. Equally 'medieval' was the open rivalry between graduates and otherwise qualified persons for posts outside cathedral chapters and large collegiate churches. This, of course, was another aspect of the continuing relatively high social mobility, even into the rank of bishop. On the other hand, the element of 'self-recruitment' was not absent in official circles. As for the career opportunities of the 36

37

G. F. Lytle, ' T h e Social Origins of Oxford Students in the Late Middle Ages: N e w College, c. 1380-c. 1510', in Universities in the hate Middle Ages, 426-54. In addition t o references in note 23: J. T . Rosenthal, ' T h e Fifteenth-Century Episcopate: Careers and Bequests', in D. Baker (ed.), Sanctity and Secularity (Oxford, 1973), 117-27; R. N . Swanson, 'Universities, Graduates a n d Benefices in Later Mediaeval England', Past and Present, 106 (1985), 2 8 - 6 1 ; R. N . Swanson, 'Learning and Living: University Study and Clerical Careers in Later Medieval England', History of Universities, 6 (1986-7), 81-103.

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Peter Moraw poor, nothing can be said with certainty.38 Yet the fairly high proportion of pauperes in the combined English-German 'nation' in Paris (1425-94: 17.6 per cent) will probably not have been the situation of the continentals only. In short, though we may know little of the social history of the English universities, the distinctive position of the kingdom of England between the main landscapes of Europe emerges very clearly. The most important general change in the career of Spanish students took place not long before 1500.39 In a period of rapid economic growth, 'modern' monarchies needed far more good-quality officials than before. The number of holders of higher offices with academic titles thus steadily increased, by as much as 11.7 per cent in the reign of Ferdinand and Isabella (1474-1516). The first appearance of these letrados can be traced back to the late fourteenth century. The new foundations were state universities, to promote jurisprudence in the first instance. In the kingdom of Castile, the letrados trained at the Universities of Salamanca and Valladolid continued to obtain high clerical posts - in the fifteenth century, they represented almost half of the members of the chapters of Valladolid - and offices in the royal administration. Barcelona, the capital of Catalonia, with its characteristics of Italian and southern French communes, demonstrated from the late fourteenth century considerable participation and influence of jurists in its municipal and private affairs.40 THE NATIONAL AND REGIONAL ERA IN

YOUNGER

EUROPE

Between 1348 and 1505, there were 200,000 German university students. This figure is the first and only statement based on a reliable overall estimate. For the generation prior to 1380 we have only to subtract a few thousands. For 1470-80, the number is reckoned as five times that for 1390-1400; there were at the end of the period easily 2,500 new students each year. Around 1480, the number becomes more or less fixed at this level. The total population of Germany in 1500 can be estimated as roughly 15 million or more. A comparison between these two sets of figures brings out quantitatively what could already be gathered from previous less accurate considerations: the 'student 38

39

40

N . O r m e , 'Schoolmasters, 1309-1509', in C . H . C l o u g h (ed.), Profession, Vocation, and Culture in Later Medieval England (Liverpool, 1982), 2 1 8 - 4 1 ; R . S . Gottfried, Doctors and Medicine in Medieval England 1340-1530 (Princeton, 1986). R. L. K a g a n , Lawsuits and Litigants in Castile 1500-1700 (Raleigh, 1981); W . D . Phillips Jr, 'University G r a d u a t e s in Castilian R o y a l Service in the Fifteenth C e n t u r y ' , in Estudios en homenaje a Don Claudio Sanchez Albornoz en sus 90 anos (Buenos Aires, 1986), vol. IV, 475-90; M . Lunenfeld, Keepers of the City. The Corregidores of Isabel I of Castile (1474-1504) ( C a m b r i d g e , 1987), 7 3 - 1 0 6 . R u c q u o i , 'Societes u r b a i n e s ' , (note 22); C. C a r r e r e , 'Refus d ' u n e creation universitaire et niveaux de culture a Barcelone: hypotheses d ' e x p l i c a t i o n ' , Moyen Age, 85 (1979), 245—73; J. S. A m e l a n g , 'Barristers a n d Judges in Early M o d e r n Barcelona: T h e Rise of a Legal Elite', American Historical Reviewr, 89 (1984), 1264-84.

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Careers of graduates density' in the centre of Europe was considerably less than in the west but, despite the simultaneous decline and halt in population figures (between 1348 and 1450-70), the gap was in the end reduced. This was the result of the work of fifteen new universities (founded before 1506).41 What is true of the Holy Roman Empire can be taken on the whole to apply also to the north and east of the continent, but with considerable delay and quantitatively on a smaller scale. Compared with the preceding period, some essential changes took place in northern Europe. Since the Norwegian king and his administration had moved to Denmark, the career opportunities for the Norwegian aristocracy and bourgeoisie had considerably diminished. For Norwegian students, mostly of middle-class origin, only the church could henceforth provide comfortable positions. The impoverished nobility showed very little interest in higher education. In Denmark the number of students from aristocratic or upper middle-class origin grew constantly. The increasing centralization and bureaucratization which occurred during the period of the Nordic Unions produced a demand for educated administrators (lawyers). From the fifteenth century onwards, laymen gradually replaced clerics in the central and local administrations. The Swedish part of Finland followed the Swedish pattern of education. The cathedral and collegiate chapters were filled with rather well-educated aristocrats. In contrast with Sweden, however, the Finnish elites continued to visit Paris and perhaps not German universities so frequently as their Swedish counterparts. 42 An important difference between continental 'older' Europe (with the exception of Paris) and 'younger' Europe is the higher proportion of arts students in the latter. This could be as much as 75-80 per cent. Among law students, the central Europe increase in numbers, at least around 1400, appears to have been minimal, if there was any increase at all. The crisis and disappearance of the Prague law university (1409-17) was a setback. Whereas before and around 1400 the number of French jurists studying contemporaneously was 3,000, the German figures may have amounted to only 10-20 per cent of that figure, even in the Prague 'springtime' (1380-90). Another essential condition of academic career opportunities in Germany is the tendency to a levelling-down of the faculties in the four-faculty universities under the influence of the territorial state. With few exceptions, the new universities were small and poor. They put down roots in the neighbourhood and mostly lacked munificent bequests and foundations. In contrast to Paris and Bologna, we have here a new, third, combined type of European university, with different implications for the careers of the students. There was, therefore, a fairly clear twofold division between a student type continuing in 41

42

Schwinges, Universita'tsbesucher, passim-, P. Moraw, 'Aspekte und Dimensionen alterer deutscher Universitatsgeschichte', in P. Moraw, and V. Press (eds.), Academia Gissensis (Marburg, 1982.), 1-43. Bagge, 'Nordic Students' (note 11), 13—17. 271

Peter Moraw the aristocratic and propertied tradition and the 'exclusively' arts student type now emerging into view, for the most part lacking in financial resources. The career possibilities open to these two student types differed considerably. The former type of student was recognizable among the Germans long before their own universities emerged; they were relatively few in number and tended to study law. They could also, if they wished, travel abroad in the fifteenth century. That the main recruiting places were small towns and, not infrequently, villages was mainly true of the second student type. The middle classes and artisans supplied the majority of these students. Most of them returned to their regional towns, since a high value was attached to the link with the home region. They appear to have been particularly affected by the oversupply crisis after 1480.43 As individuals, the better-situated students were less affected by the level of development in their own region than the poorer students, as illustrated by their status and number. The conditions in Brabant were probably the most modern in the empire - whether in law studies in aristocratic, 'elitist' Orleans or in participation in communal and territorial decision-making bodies at home. Of the Brabant students in Orleans (from 1444) - and thus outside the area of the new four-faculty universities - only 20 per cent came from noble families, the majority being from prosperous bourgeois families, especially from the large cities. The behaviour pattern was aristocratic to begin with, but in the long run the aristocrat was introduced to the 'modern', urban style of life. What emerges clearly here, too, is something that was true quite generally for the final phase of the medieval period: the social history of students continued uninterrupted into the sixteenth and seventeenth centuries. Only in the modern period does it turn out that the Brabant way produced a fairly uniform group of 'jurist officials' from good backgrounds, who gradually became qualified through their specialist and professional achievement.44 The more or less parallel influence of Nuremberg and Augsburg can be traced among the southern Germans, in Pavia, in smaller numbers and in a milieu which was even more 'feudal'. If we look beyond into the sixteenth century, the same was true in the long run for the 'aristocratic' University of Ingolstadt, which began functioning in 1472.45 It is in the church milieu that we can best approach the difficult question of the temporal course of the most important changes. Increased participation in study - though with a clear time-lag compared with western Europe - is observable everywhere, even in whole dioceses, but most clearly perhaps in a 43 44

45

Schwinges, Universitdtsbesucher, passim. H . d e Ridder-Symoens, 'Brabanders a a n d e rechtsuniversiteit van Orleans (1444-1546). Een socioprofessionele studie', Bijdragen tot de Geschiedenis, 609 (1978), 195-347. R. A. Miiller, Universitdt und Adel. Eine soziostrukturelle Studie zur Geschichte der bayerischen LandesuniversitdtIngolstadt, 1471-1648 (Berlin, 1974). A. Sottili, 'La Natio Germanica dell'universita di Pavia nella storia delPUmanesimo', in Universities in the Late Middle Ages, 347-64. 272

Careers of graduates 'recent' case like that of the cathedral chapter of Roskilde.46 Until 1430, 55 per cent of the members of the Roskilde chapter had been former students; then, until 1493, the percentage was 76.1 per cent. Only a small proportion of these were graduates, with a steep decline in the proportion of jurists in the early fifteenth century, due doubtless to the collapse of Prague. This shows how flimsy the network of study connections was at the periphery. From 1418 onwards, conciliar decrees encouraged this development towards a growing emphasis on study in the church, more or less successfully. A less easily discernible change was far more important, however: the transition from study based on an already acquired canonry to study with a view to securing a benefice thereby. In this second more 'modern' case, all that was at first offered was the chance to qualify by performance. In 'younger' Europe, this was a change which began only in the fifteenth century. Even in this century, study and careers in 'younger' Europe were still related primarily to churches. But laicizing trends of the sort which were already visible further south or even west in the thirteenth century are unmistakable. In general, certainly in the second half of the fifteenth century as far as the most modern careers were concerned, leadership passed to the secular authorities. It was in the lower Rhineland that this succeeded the earliest and also the most. Here, there was something like a legal, secular, administrative and judicial 'career path' which it was possible to choose on the basis of appropriate study. For the earliest successes of lay jurists in territorial administrations and judicial systems, reference is made once again to Brabant, which itself was half a century late on the scene compared with Flanders. Of the members of the Raad van Brabant (court of justice) in the second quarter of the fifteenth century, 40 per cent were graduates; during the next fifty years this proportion rose to almost 70 per cent.47 The urban career involved entry into the administration and, finally, advance to the executive decision-making bodies. Certainly caution is needed with respect to this final stage, since it is possible that the existing ruling oligarchy - mostly trained in economics - sought to keep jurists at a safe distance from its affairs. In this case, it was necessary to wait until sons from the leading families were sent to university, and this could take a long time. In Germany, Nuremberg employed jurists early on (from 1366) with the title of doctor, on a permanent basis and not just as 'lucky flukes', but for centuries it kept them at a distance from the Rat. In the north-west, in Antwerp and Louvain, there was a more 46

47

E. Mornet, 'Preliminaires a une prosopographie du haut clerge scandinave: le chapitre cathedral de Roskilde 1367—1493', in Bulst and Genet (eds.), Medieval Lives (note 23), 159-62. H . de Ridder-Symoens, 'Milieu social, etudes universitaires et carriere des conseillers au Conseil de Brabant, 1430-1600', in Recht en Instellingen in de Oude Nederlanden tijdens de Middeleeuwen en de Nieuwe Tijd, Liber Amicorutn ] . Buntinx (Louvain, 1981), 257-301. H . de Ridder-Symoens, 'Internationalismus versus Nationalismus an Universitaten um 1500 nach zumeist siidniederlandischen Quellen', in F. Seibt and W. Eberhard (eds.), Europa 1500 (Stuttgart, 1987), 397-414. 273

Peter Moraw open attitude; jurists appear there in 1431 and 1451 as lay assessors for the first time, and the law qualification soon became a standard requirement. The first graduate jurist in the Liibeck court of justice dates from 1460, in Hamburg from 1465; the first doctor sat in the Cologne Rat in 1484. The whole development lasted well into the sixteenth century. In the fifteenth century, roughly three-quarters of the chief posts in the city administration of Antwerp and Louvain were occupied by graduate jurists, and in the sixteenth century practically all of them were. For the Holy Roman Empire, that was a very modern attitude. 48 From the fourteenth century in the Mediterranean area and from the fifteenth to sixteenth century in the rest of Europe, medical doctors became more important in society. The great plague of 1348-50 not only stimulated the activities of the medical faculties, particularly in the field of consilia or medical advice, but gradually persuaded city councils to appoint doctores medicinae as town physicians. Before that time, medical doctors could mainly find a position in the service of high-ranking people or hospitals, or they could start up a private practice in a large city for well-to-do citizens. The majority of the medieval population never saw a doctor who had graduated. The barber-surgeon or quack doctor was their only succour.49 It continues to be difficult to obtain a clear picture of the careers of students of lesser rank in Germany and the whole of 'younger Europe', and still more of the 30,000 or so German pauperes. What happened to the students of a whole university offers a fairly useful cross-section, but a study of this kind exists only for the university founded in Tubingen in 1477.50 At that time, this university occupied ninth place in the German university system, with roughly a hundred new students annually. Until 1534, the number of persons attending the institution was 5,800. It has proved possible to quarry information about the careers of 28 per cent of them. Of the 1,627 students about whom we have more precise information, no fewer than 1,097 entered clerical professions; 314 are to be found in administrative and judicial posts and n o in the university itself or in posts closely connected with it. There were 33 physicians, 23 schoolmasters, and 13 notaries or advocates. A 48

49

50

F. W . Ellinger, 'Die Juristen der Reichsstadt Niirnberg v o m 15. bis 17. J a h r h u n d e r t ' , in Reichsstadt Niirnberg, Altdorf und Hersbruck (Nuremberg, 1954), i3off. H. de RidderSymoens, 'De universitaire vorming van de Brabantse stadsmagistraat en stadsfunktionarissen. Leuven en Antwerpen, 1430-1580', Varia Historica Brabantica,6—j (1978), 21-126; K . W r i e d t , 'Das gelehrte Personal in der Verwaltung u n d Diplomatic der Hansestadte', Hansische Geschichtsbldtter, 96 (1978), 15-37; B. Moeller, H. Patze, and K. Stackmann (eds.), Studien zum stddtischen Bildungswesen des spdten Mittelalters und derfruhen Neuzeit (Gottingen, 1983). A. W. Russel (ed.), The Town and State Physician in Europe from the Middle Ages to the Enlightenment (Wolfenbiittel, 1981). W. Kuhn, Die Studenten der Universitdt Tubingen zwischen 1477 und 1534, 2 vols. (Goppingen, 1971). Cf. comparative data in F. Smahel, 'L'universite de Prague de 1433 a 1622: recrutement geographique, carrieres et mobilite sociale des etudiants gradues', in D . Julia, J. Revel, and R. Chartier (eds.), Les Universite's europeennes du XVle au XVHle siecle. Histoire sociale des populations etudiantes, vol. I (Paris, 1986), 65-88.

Careers of graduates comparable number were involved in the book trade in the broadest sense and in the armed forces. Given the weakness of the higher faculties, what is reflected here is the arts milieu as it appears to have been generally in 'younger' Europe, and therefore, for the most part, the middle and lower levels of social life. The quota of graduates was highest among the clergy and administrative and legal personnel. Existing family status and newly acquired qualifications were here mixed in a way which now defies disentanglement. Despite all provincialism, the tide of innovation also reached Tubingen. That important trends won the day is evidenced by, among other things, the advance of Roman law as the basis of a 'civil' career, which, around 1500, was evidently the most respected one. Further details serve to show that this whole situation is fairly typical of the provincial milieu in central Europe. One basic fact was that so many returned without discernible social change to their domestic urban life. It is in the university towns that we can see most clearly that, for many, the university was a basic educational institution rather than a social one. Although, up to the bachelorship of arts, the poor were more than averagely diligent, from that point on, or at latest from their graduation as masters, they remained practically without further possibilities; at this point a quite clear barrier to social advance traversed the country, a fact which helps to explain the lot of so many. From this angle, there were in fact two universities in one. The pathway from being an artisan, which was the social background of many scholars at the end of the medieval period, hardly led anywhere beyond the lower clerical and scribal posts, where these existed at all. The 'better' families in the many small towns are typical of the background of many students, but this status had little value in a faraway place or in the larger cities. Study made little difference to the direction of the lives of numerous sons of patricians, still less in the case of the sons of artisans. They remained what they were and, like their fathers before them, had to assert themselves on the basis of qualifications other than those acquired by study. Is it cynical to say that all that was achieved in this way was merely an enrichment of intellectual life? Not altogether! The world was already being changed by the mere fact that it became possible for almost everyone to meet people who had been to a university and had thereby caught at least a glimpse of the world of letters and felt in some measure, at least, the power of the word. The university thus came closer to everyday life. That, too, was a social fact. It has been impossible until now to date in any consistent way the transition whereby study became a mass phenomenon in Germany and a changed social and cultural situation emerged, without which the Reformation, among other things, would have been inconceivable. Something decisive happened around 1470. This was chronologically connected, surely not accidentally, with the general economic change from a long period of stagnation to a new upsurge which inaugurated the 'long' sixteenth century. With the 275

Peter Moraw increase in the number of students, a period began in which civil authorities exercised more control over society and the social classes closed ranks. The fragile social body of those who had attended university was unable to breach this situation but had to accommodate itself to it. The pressure of supply which undoubtedly existed in the last quarter of the century could find no other outlet than in the increasingly muscular struggle for existing posts; the holders of higher degrees contented themselves with posts which had previously been filled by those of more modest rank. Changes in the power to dispose of church benefices seem, at the same time, to have come about in the shape of a retreat of the papacy. Perhaps they had important repercussions on the German 'employment system' for university students. An unregulated social system, left to shape itself painfully and unconsciously, tried - as in every previous generation - to achieve some sort of balance at the expense of the weak. It was to be a long time before the strongest arguments would be those of university students and graduates. After the (re-)foundation of the University of Cracow (1400) and the foundation of the Scottish universities from 1412, Poland and Scotland were the only countries of 'younger' Europe besides Germany that were in a position to replace the migration of their sons to foreign countries by studies of their own. Because of the attraction of Italian, French, and German universities, however, these studies remained no more than a complement. Foundations in Sweden and Denmark were too late and too small to have any remarkable effects, while Norway and Finland had no universities. Again, the social context of careers is quite comparable with earlier contexts, as in Germany, for instance. Numbers were small, the role of the churches as employers was always important, and laicization was late. In Hungary, for example, it did not occur before the sixteenth century. But the general direction of 'modernization' remained the same.51 This first attempt to understand the social history of the European universities in the medieval period as the history of those who attended the universities and as a more or less integrated process leaves many questions unanswered. Not surprisingly, therefore, the briefest conclusions sound paradoxical. Born in social interstices and very fragile as a structure, the universities nevertheless survived and became one of the phenomena treasured by leaders of societies. That is an astonishing fact in itself. The products of the university, both its graduates and those who failed to grad51

A. Kubinyi, 'Stadtische Burger und Universitatsstudien in Ungarn am Ende des Mittelalters', in E. Maschke and J. Sydow (eds.), Stadt und Universitdt im Mittelalter und in der fruheren Neuzeit (Sigmaringen, 1977), 161-5; J. Durkan and J. Kirk, The University of Glasgow 1451— 1577 (Glasgow, 1977); J. Pinborg, 'Danish Students 1450-1535 and the University of Copenhagen', Universite de Copenhague, Cahiers de I'lnstitut du Moyen Age grec et latin, 37 (1981), 70-122; I. Kaniewska, 'Les etudiants de Puniversite de Cracovie aux XVe et XVIe siecles (1433-1560)', in Julia, Revel, and Chartier (eds.), Universites europe'ennes (note 50), 113-33.

276

Careers of graduates uate, emerged from that fragile structure, forced their way into numerous societies, and, not without success, opposed their new qualifications to the old traditional qualifications of these societies. The process of education and training of people through universities was, as a whole, unplanned and unpiloted, only partly canalized and finally instrumentalized. Much remained a spin-off of quite diverse individual intentions. Yet the university definitely helped to modernize the medieval world, even if it only remained mobile by adapting itself to external social rules and by willingly accepting the changes taking place in the societies around it. It was a question of mobilization rather than of mobility - in other words, more a case of oscillating movements in different directions than of a straight path ahead. Rapid advancement on the basis of university qualifications alone was rare, however. From the standpoint of all the societies taken together, the influence of the universities was in stabilizing systems rather than disturbing or even shattering them; the changes they brought about helped to make the 'feudal' or communal worlds capable of adaptation and survival. It was therefore an appropriate price to pay for this when, as the new technicians of power, the jurists pushed their way forward into positions of second or third importance. This served to stabilize the posts of first importance, which continued to be occupied on the basis of birth and often of property and influence. Graduation was, in the main, only one qualification among others on the road to securing a post. The greatest success could be expected by young men who combined the largest number of qualifications. Only in a long-term perspective does it become clear that all this was, at the same time, the first step on the way to the modern goal of making the principle of achievement the determining factor. SELECT BIBLIOGRAPHY

Autrand, F. Naissance d'un grand corps de I'Etat: les gens du Parlement de Paris 1345-1434, Paris, 1981. Autrand, F. (ed.) Prosopographie et genese de I'Etat moderne, Paris, 1986. Baldwin, J. W. Masters, Princes, and Merchants, 2 vols., Princeton, 1970. Bartier, J. Legistes et gens de finances au i$e siecle. Les counseillers des Dues de Bourgogne sous Philippe le Bon et Charles le Te'me'raire, Brussels, 1955-7. Benvenuti, A. and Cardini, F. (eds.) Storia della societd italiana, parte seconda, vols. VI and VII, Milan, 1982, 1986. Bullough, V. L. 'Achievement, Professionalization, and the University', in J. IJsewijn and J. Paquet (eds.), Universities in the Late Middle Ages, Louvain, 1978, 497-510. Bullough, V. L. The Development of Medicine as a Profession, New York, 1966. Bulst, N. and Genet, J.-P. (eds.) Medieval Lives and the Historian. Studies in Medieval Prosopography, Kalamazoo, 1986. Burke, P. The Italian Renaissance: Culture and Society in Italy, 1420-1540, Cambridge/Oxford, 1987. van Caenegem, R. C. Judges, Legislators, and Professors, Cambridge, 1987. 277

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Cazelles, R. La Societepolitique et la crise de la royaute sous Philippe de Valois, Paris, 1958. / ceti dirigenti nella Toscana del Quattrocento, Monte Oriolo, 1987. Classen, P. Studium und Gesellschaft im Mittelalter, ed. J. Fried, Stuttgart, 1983. Clough, C. (ed.) Profession, Vocation and Culture in Later Medieval England, Liverpool, 1981. Dotzauer, W. 'Deutsche in westeuropaischen Hochschul- und Handelsstadten, vornehmlich in Frankreich, bis zum Ende des alten Reiches', Geschichtliche Landeskunde, 5:2 (1969), 89-159. Dotzauer, W. 'Deutsches Studium in Italien unter besonderer Berucksichtigung der Universitat Bologna', Geschichtliche Landeskunde, 14 (1976), 84—130. Ehbrecht, W. (ed.) Stddtische Fuhrungsgruppen und Gemeinde in der werdenden Neuzeit, Cologne/Vienna, 1980. Fried, J. Die Entstehung des Juristenstandes im 12. Jahrhundert, Cologne, 1974. Fried, J. (ed.) Schulen und Studium im sozialen Wandel des hohen und spd'ten Mittelalters, Sigmaringen, 1986. Garcia y Garcia, A. Iglesia, Sociedad y Derecho, Salamanca, 1985. Gottfried, R. S. Doctors and Medicine in Medieval England 1340-1530, Princeton, 1986. Gouron, A. La Science de droit dans le Midi de la France au Moyen Age, London, 1984. Hattenhauer, H. Geschichte des Beamtentums, Handbuch des offentlichen Dienstes, 1, Cologne, 1980. Jacquart, D. Le Milieu medical en France du XHe au XVe siecle, Geneva, 1981. Kagan, R. L. Students and Society in Early Modern Spain, Baltimore/London, 1974. Lytle, G. F. 'Oxford Students and English Society, c. 1300- c. 1510', Ph.D., Princeton, 1975Martines, L. The Social World of the Florentine Humanists 1390-1460, London, 1963. Meuthen, F. Die alte Universitat, Kolner Universitatsgeschichte 1, Cologne/Vienna, 1988. Moraw, P. 'Organisation und Funktion von Verwaltung im ausgehenden Mittelalter (ca. 1300-1500)'. in K. G. A. Jeserich, H. Pohl, and G.-C. von Unruh (eds.), Deutsche Verwaltungsgeschichte, vol. I, Stuttgart, 1983, 21-65. Peset, M. 'Universidades Espafiolas y Universidades Europeas', lus comune, 12 (1984), 71-89. Poirion, D. (ed.) Milieux universitaires et mentalite urbaine au Moyen Age, Paris, 1987. de Ridder-Symoens, H. Tot nut of onnut van 't algemeen. De functie van de universiteit in de middeleeuwen, Inaugural Lecture, Vrije University, Amsterdam, 1987. de Ridder-Symoens, H. 'Possibilites de carriere et de mobilite sociale des intellectuelsuniversitaires au moyen age', in N. Bulst and J.-P. Genet (eds.), Medieval Lives and the Historian. Studies in Medieval Prosopography, Kalamazoo, 1986, 343-56. Schilling, H. and Diederiks, H. (eds.) Burgerliche Eliten in den Niederlanden und in Nordwestdeutschland, Cologne/Vienna, 1985. Schnur, R. (ed.) Die Rolle der Juristen bei der Entstehung des modernen Staates, Berlin, 1986. Schuchard, C. Die Deutschen an der pdpstlichen Kurie im spd'ten Mittelalter (13781447), Tubingen, 1987. 278

Careers of graduates Storia della cultura veneta, vol. III:i, Vicenza, 1980. Ullmann, W. The Growth of Papal Government in the Middle Ages, London, 1955. Universite et cite: a la recherche du passe - Town and Gown: the University in search of its origins, CRE—Information, new series, 62 (1983). Verger, J. 'L'histoire sociale des universites a la fin du Moyen Age: problemes, sources, methodes (a propos des universites du Midi de la France)', in S. Hoyer and W. Flaschendrager (eds.), Die Geschichte der JJniversitaten und ihre Erforschung, Leipzig, 1984, 37-53. Verger, J. 'Les universites medievales: interet et limites d'une histoire quantitative. Notes a propos d'une enquete sur les universites du Midi de la France a la fin du Moyen Age', in D. Julia, J. Revel, and R. Chartier (eds.), Les Universites europeennes du XVIe au XVHIe siecle. Histoire sociale des populations etudiantes, vol. II, Paris, 1989, 9—24.

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CHAPTER 9

MOBILITY

HILDE DE RIDDER-SYMOENS

THE MEDIEVAL LOVE OF TRAVEL

Medieval men loved travel. It mattered little that roads were few and that they could go only on foot or on horseback, by cart or by boat. The twentieth century thinks of the travellers thronging the roads of Europe in the Middle Ages as the ubiquitous armies, merchants going from town to town, and pilgrims. Especially pilgrims, for thousands and thousands of the faithful went on pilgrimage to the holy places of Jerusalem, Rome, or Santiago de Compostela, or to shrines nearer home. There was no lack of these in medieval Christendom, or of hostels, boarding-houses, inns, hospitals, and refuges along the pilgrimage routes. Until the end of the eighteenth century pilgrims or travellers (peregrini) of another kind were also a familiar sight on the roads of Europe. These were the university students and professors. Their pilgrimage {peregrinatio) was not to Christ's or a saint's tomb, but to a university city where they hoped to find learning, friends, and leisure. Literary tradition represents medieval students as undisciplined, unprincipled, bohemian, violent, footloose, all for wine, women, and song. Among the goliards there were of course real students, seekers for an alternative culture, members of a medieval intelligentsia; in their critical attitude to society they were at one with the motley crowd of clerical debauchees, ribalds, jugglers, jesters, singers, and sham students who peopled the fringes of society. Any study of wandering students must distinguish between writers and singers of carmina burana and students bent on learning and a university degree, with whom this chapter is concerned. The European 'academic pilgrimage' {peregrinatio academica) merits definition. We mean by this a journey by students and teachers made in a European country or countries for the purpose of study. Until the seventeenth 280

Mobility century all universities taught in Latin and curricula and degrees were the same. A student could therefore begin his course at one university, usually the nearest, and continue it at another, or at several others. In the twelfth and thirteenth centuries, when there were not many universities and they were not widely distributed over Europe, the 'happy few' who aspired to higher education had to leave home and travel long distances to the stadium of their (rather limited) choice. Towards 1500, however, nearly every territory in Europe had its own centre of higher education, and at all of them the teaching methods, the subjects taught, and the degrees awarded were much the same. From that time onwards one has to distinguish between what could be called external migration - of students to a foreign country - and internal migration, in the course of which a student attended several studia in his own country. For Spain and France there is no difficulty. By the end of the Middle Ages many universities had been founded there, and both countries were so far consolidated territorially and politically that 'internal migration' is no misnomer. In Britain, however, there was so much difference between English, Scottish, Irish, and Welsh students that 'internal migration' hardly seems the appropriate term. The situation is still more complicated in Italy and the Holy Roman Empire, where from the fourteenth century onwards local rulers founded universities in their own dominions to train officials for their absolutist bureaucracy. Whether travel between their virtually independent states was internal or external migration becomes a matter of opinion; we believe that, in the European context, 'academic pilgrimage' within the Holy Roman Empire was internal migration rather than external. Our information on student migration comes mainly from university rolls of students, and therefore includes student drop-outs as well as the earnest students whose doctorate was the reward for long years of study. Partly for this reason, no special attention has been paid to itinerant teachers; they have been dealt with in chapter 5. 'Academic pilgrimage' did not come into being with the twelfth-century university. Long before that, masters and scholars had set out for renowned centres of learning, either a monastic or episcopal school (the most important of these were between the Loire and the Moselle at Bee, Chartres, Laon, Reims, Paris, and Liege) or a more specialized centre on the border of Christendom like the school of medicine in Salerno or the translators' school in Toledo, one of the main centres for the transmission of Arabic science and learning to Christendom. Their masters attracted students from all parts from Germany, Britain, and Italy. A well-known early example is Gerbert of Aurillac, the future Pope Sylvester II, in the tenth century. Dissatisfied with his education as an oblate at the monastery of Saint-Gerault d'Aurillac, in 967 he accompanied the count of Barcelona to Vich in Catalonia, where he studied mathematics, geometry, astronomy, and music (the quadrivium), disciplines then hardly known in the west. Later he lived in Rome and at the 281

Hilde de Ridder-Symoens court of the Emperor Otto I, and continued his studies of dialectics in Reims, where he became an eminent professor before taking up his political career in the church. Mobility among clerics - at that time all intellectuals were clerics - eroded the European monastic ideal oistabilitas loci (stable residence), but the intellectual enthusiasm of the twelfth-century renaissance paid scant attention to this. Twelfth-century intellectuals did not feel bound to any particular school or curriculum; they freely chose their discipline and teacher (the autobiographical works of Abelard and his pupil John of Salisbury vividly portray this international world of masters and scholars), and the first universities arose in Paris and Bologna from the influx of students from the four corners of Europe. NATIONS, COLLEGES, AND FRATERNITIES

Lonely students in a foreign, sometimes hostile city formed associations whose members spoke the same language or shared the same tastes. As a group they could look after themselves better and cope more easily with the difficulties of a long stay abroad. They hired houses in common, met at church or at an inn to celebrate their national days, and organized postal services between the university city and their homeland so as to keep in touch with their family and receive from them money, letters, and parcels. In Paris, Jacques de Vitry (i 160/70-1240), a famous preacher who had studied theology at the university there, listed twelve nations differing widely in their character and customs, and particularly in their vices. Foreign university students, declared this eminent moralist, were responsible for the debauchery and drunkenness afflicting the Latin Quarter. The English are drunken cowards, the French proud, soft and effeminate; the Germans are quarrelsome and foul-mouthed, the Normans vain and haughty, the men of Poitou treacherous and miserly, the Burgundians stupid brutes, the Bretons frivolous and flighty, the Lombards miserly, spiteful and evil-minded, the Romans vicious and violent, the Sicilians tyrannical and cruel, the men of Brabant are thieves and the Flemings are debauched.1

These de facto associations quickly became publicly recognized corporations. Under the name of Nations' (nationes) they were the mainstay of the oldest universities; medieval university organization is founded on its nations (see chapter 4).2 The nation to which scholars belonged depended primarily on their mother-tongue, and secondarily on their birthplace, cultural community, or 1

2

Jacobus de Vitry, Historia occidentalis. 7, de statu Parisiensis civitatis, ed. J. F. Hinnebusch (Fribourg, 1972), 92 (Latin); English translation: D. C. Munro, Translations and Reprints, vol. 11:3 (University of Pennsylvania, Philadelphia, n.d.), 19—20. General survey: Kibre, Nations. 282

Mobility shared history. Universities such as those of Bologna and Padua, which took in a steady stream of students from elsewhere, could follow this practice fairly strictly and form more than a dozen ultramontane and cismontane nations covering most European regions or provinces. Other Italian universities had to make do with only a few nations covering much larger (and therefore more arbitrary) geographical areas; the Perugia stadium, for example, had three ultramontane nations, those of France, Germany, and Catalonia, and four cismontane nations, those of Rome, Tuscany, Ancona, and Sicily. These universities were nearer in organization to the University of Paris and its imitators (Prague, Leipzig, Vienna, and Louvain), which had only four nations, whose catchment area was somewhat fanciful or highly inconsistent. In Paris only the well-attended arts faculty had nations. The French nation comprised the masters and students of the He de France, the south of France, the Iberian peninsula, and Italy, Greece, and Asia Minor. The Norman nation drew its members from the geographical province of Rouen, and the Picard nation from north-eastern France and the old Low Countries as far as the Meuse. The English-German nation was a medley of students from all the other countries of Europe. Each nation had its 'provinces' of members from a particular region, but was of such mixed composition that there were never-ending conflicts and 'nationalist' frictions in that nominally international, not to say universal, institution, the university. It is hard to say how far nations within a university were instrumental in forging a common identity and 'nationalist' feeling, but clearly there was an esprit de corps among fellow-countrymen and the growth of nationalism had political repercussions. In the late Middle Ages political loyalties were often stronger than linguistic or ethnic ones, as is shown by the Burgundian and Armagnac factions at the end of the Hundred Years War. In 1470 400 subjects of the Burgundian Low Countries were ordered to leave the University of Paris although they were duly inscribed members of the German or Picard nation. 3 S. Stelling-Michaud has written that, from the fifteenth century onwards, Swiss national feeling was fostered by prolonged contact in universities between confederates from different cantons and walks of life.4 In the first decades of the fifteenth century, the University of Prague was a hotbed of Czech nationalism and Hussite politics. Students from Bohemia, Moravia, and Hungary formed the Bohemian nation, which included both Czechs and students of German origin. All other students, the extranei, mainly from the Holy Roman Empire, formed the Bavarian, Saxon, and Polish nations (very loosely defined). Rivalry between the Czech and the German communities in Bohemia came to a head in the student nations of Prague. The Bohemian 3

4

J. Verger, 'The University of Paris at the End of the Hundred Years' War', in Universities in Politics, 47-78. S. Stelling-Michaud, 'La Suisse et les universites europeennes du XHIe au XlVe siecle', Revue universitaire suisse (Sept. 1938), 160. 283

Hilde de Ridder-Symoens nation demanded three votes in the university council as against a single vote for the three other nations, and this demand was granted in 1409 by the Decree of Kutna Hora. The Germans refused to accept the decision and left Prague to found a new university in Leipzig, modelled on the University of Prague.5 By then the attachment to nations had lost most of its meaning, for university recruiting was becoming regionalized, as will be shown below. The new universities of Heidelberg (1385) and Cologne (1388) did not adopt the system of nations. Scotland, however, respected that tradition. The Universities of St Andrews (founded 1411), Glasgow (founded 1451), and Aberdeen (founded 1495) kept the four nations in the arts faculty but named them after Scottish districts - logically enough, as these universities recruited no foreigners before the Scottish Enlightenment of the eighteenth century (see volume II, chapter 10). Generally speaking, the names given to the nations are a pointer to university catchment areas. By analogy with Scotland, the nations of the Spanish studia, founded on the model of the University of Bologna, were named after those regions of the Iberian peninsula from which nearly all their students came. Oxford and Cambridge were a special case: there, division into nations was still more arbitrary than elsewhere, and indeed meant nothing, since more than 94 per cent of the students were English. The river Trent divided the northerners (boreales) from the southerners (australes). Scots had to register with the northerners, and the Irish, Welsh, and continentals with the southerners. The 'nationalities' in the two nations quarrelled so bitterly that as early as the end of the thirteenth century the government of the university took away all power and functions from the two nations. Foreign students were also admitted to colleges reserved for natives of a particular region, province, or diocese. As in all colleges, entrance was at first restricted to poor students, but later well-off students were accepted against payment. In the thirteenth century the 'College of Constantinople' was founded in Paris on papal initiative, to house twenty or so young students from Greece and Asia Minor who were to train as missionaries to evangelize unbelievers in their home countries. This kind of 'national' college prospered most in the sixteenth and seventeenth centuries, at the time of the Reformation and Counter-Reformation. There were, however, very few students from regions under Byzantine or Turkish domination in the universities of medieval Europe. With rare exceptions they were in the Italian studia, particularly that of Padua, because this was the university of the Venetian republic, which had a thriving trade with the Byzantines and Turks. In Paris the Germans, Swedes, Danes, Scots, Lombards, and other nationalities had their own colleges. In the Middle Ages only the Spaniards, the men of Avignon, and poor students from the dioceses of Limoges and Toul had 5

S. Schumann, 'Die "nationes" an den Universitaten Prag, Leipzig und Wien. Ein Beitrag zur alteren Universitatsgeschichte', Ph.D., Berlin, 1974.

284

Mobility colleges in Bologna, and they were equally rare in other Italian university cities. In the fifteenth century regionalization and social change caused the colleges to decline. A less known and less common form of student's association is the confraternity for nationals of a particular country. At the end of the thirteenth century a confraternity of clerics and students of the University of Paris called the 'Confraternity of Our Lady of Douai', composed of students and former students of the University of Paris who were natives of Douai, was formed to support young fellow-townsmen in their studies and forge permanent links between alumni of the University of Paris who came from Douai. In the fifteenth century the confraternity became a literary society. In 1331 the statutes of a similar association for alumni of the University of Paris and other universities were drawn up in Ypres. The list of members for the years 13301600 shows that five members of the confraternity studied in Paris (between 1330 and 1450), two in Cologne (between 1400 and 1450), one in Orleans (between 1330 and 1400), one in Montpellier (between 1400 and 1450), and twenty-two in Louvain (between 1425 and 1600).6 The confraternity was founded to support natives of Ypres studying abroad, but when the first regional university was founded it lost this function and became merely an association of academics from Ypres.

FROM INTERNATIONALISM TO REGIONALISM

Preference for a regional university or for the nearest university became general at the end of the fourteenth century, and most marked in the fifteenth century, when every state and political or ecclesiastical unit tried to found a studium so that its citizens should study there instead of abroad. In this way it kept their intellectual and ideological training under observation and prevented the flight of capital abroad, detrimental to local traders and craftsmen. This policy succeeded by enacting laws forbidding students from frequenting foreign universities on penalty of exclusion from public office. When the emperor Frederick II founded the Naples studium in 1224, to ensure its survivial he forbade his subjects to frequent any other studium. Similar protective measures were taken to benefit the University of Pavia in 1361, 1392, and 1412, and the University of Padua in 1407 and 1468. To revive the declining studium at Aix, the counts of Provence tried to oblige their subjects throughout the fifteenth century to study there and take their degrees there. Danes were allowed to study abroad after spending at least two years at the 6

G. Espinas, Les Origines de Vassociation, vol. I, Les Origines du droit d'association dans les villes de VArtois et de la Flandre Francaise jusqu'au debut du XVIe siecle (Lille, 1942), 590-9; P. Trio, 'A Medieval Students' Confraternity at Ypres: the Notre Dame Confraternity of Paris Students', History of Universities, 5 (1985), 15—53. See also chapter 7, pp. 211—13.

185

Hilde de Ridder-Symoens recently founded University of Copenhagen (1498 and i522). 7 For political and religious reaons, such regulations became more common in modern times. Indifference to the plight of poor students was widespread in the fifteenth century (see chapter 7), and hindered academic mobility. Students were now predominantly laymen, and universities were becoming predominantly aristocratic institutions. The time was long past when a goliard, vagabond, or social outcast could expect any sympathy, or even understanding, from public opinion. Poor students {pauperes) now stayed at home, or made do with internal migration to a less expensive centre of learning, many of which were well endowed with colleges and scholarships, as in Cologne, Vienna, Leipzig, and Louvain. The 'academic pilgrimage' was now the preserve of the happy few, the sons of intellectual and financial elites. It is significant that as late as the sixteenth century 25 per cent of students in the Holy Roman Empire (9 per cent of them poor students) went to at least two universities. The second was usually another popular studium in the Holy Roman Empire.8 In the first centuries of the universities' existence, rulers encouraged the less wealthy to undergo dangers and fatigue to acquire a thorough intellectual and professional training in a distant studium in preparation for an honourable and lucrative career in the church or state. As the number of students - lay and clerical - from the upper reaches of society grew larger, such encouragement became less common. Poor students could still live abroad by taking service under a rich student and following him in his foreign studies. This procedure was especially popular at the time of the modern Grand Tour (see volume II, chapter 10). Thirteenth-century students did not have a great choice of universities. Centres of higher education were few and far between, and fairly specialized. For the study of canon and civil law the best university was Bologna; then came a few other schools in Italy or Spain, or Montpellier or Orleans. The only famous schools of medicine were at Bologna, Padua, Montpellier, and Paris. For arts and theology the choice was theoretically wider, but in practice the most important schools were at Paris and Oxford. There are all too few exhaustive studies of university attendance by any one population in the twelfth and thirteenth centuries, and it is therefore not easy to say which were the preferred universities. One of the few studies of this kind is C. Renardy's work on the diocese of Liege between 1140 and 1350.9 Only for 85 of the 700 7

8

9

d'Irsay, Histoire des universites, vol. I, 201-2, 220, 238; Rashdall, Universities, vol. II, 21, 23, 189; Denifle, Entstehung, 71: E. Mornet, 'Le voyage d'etudes des jeunes nobles danois du XlVe siecle a la Reforme', Journal des Savants (1983), 299. Schwinges, Universitdtsbesucker, 463-4; E. Schubert, 'Motive und Probleme deutscher Universitatsgrundungen des 15. Jahrhunderts', in P. Baumgart and N. Hammerstein (eds.), Beitrdge zu Problemen deutscher Universitdtsgrundungen derfruhen Neuzeit (Nendeln, 1978), 29, 34C. Renardy, Le Monde des maitres universitaires du diocese de Liege 1140—1350. Kecherches sur sa composition et ses activites (Paris, 1979), 175, 182.

286

Mobility university students from Liege who were listed was she able to identify the university they attended; 50 of them went to Paris (25 studied arts, 15 theology, 6 canon law, and 4 medicine); 14 to Bologna (canon or civil law 9, arts and medicine 1, not known 4); 7 to Orleans (civil law): 6 to Montpellier (canon and civil law 3, medicine 1, not known 2); 5 to Avignon (theology 3, canon and civil law 2); 3 to Toulouse (canon and civil law), and 1 to Angers (law). In the twelfth and thirteenth centuries, intellectuals from the Vaud attended university in Paris and Bologna, as far as can be ascertained from the few available sources. After the year 1300 they preferred the nearer and more accessible French law faculties in Orleans, Montpellier, and Avignon.10 With every new university foundation in the fourteenth and fifteenth centuries university recruitment became more regionalized, so much so that in the fifteenth century external migration actually came to a halt. Only under the influence of Italian humanism did the academic pilgrimage regain its old popularity. The statistics available for this period suggest that three-quarters of all students at the end of the Middle Ages were content to go to a regional university, usually the one nearest their homes. The journeys of the remainder, especially the English, Spaniards, French, and Italians, and to a lesser extent the Germans, were nearly always within their country of origin. As will be seen later, circumstances in the smaller countries were different. The real itinerant scholars - those who crossed Europe - were few, most of them young people keen to continue their studies in an internationally renowned university and in disciplines not taught in their own schools. For example, at the start of the fourteenth century 301 doctors were registered in France; 57.8 per cent of them had studied in Paris, 35.2 per cent in Montpellier, 2.7 per cent in other French faculties of medicine, and 4.3 per cent abroad. At the end of the fifteenth century, of a total of 436 graduate physicians, the alumni of Montpellier formed only 6.3 per cent and those of Paris 47.5 per cent; other French universities now accounted for 27.6 per cent and foreign faculties for 8.5 per cent. Paris, and even more Montpellier, lost ground to Caen, Toulouse, and Avignon, or to Perpignan, Cahors, Angers, Dole, Nantes, Poitiers, Bordeaux, and Bourges. The graduates of foreign universities were nearly all foreigners who, after finishing their studies, practised in France. The nearby Louvain University was the most frequented foreign studium (17 graduates); then came Salerno and Bologna, each with 10 graduates. Other Italian studia produced only a few graduates. 11 W. Frijhoff has identified 5 inhabitants of the town of Zutphen in Gelderland who studied at university before 1350 (3 of them in Paris, 1 in Bologna, and 1 in 10

J.-D. Morerod, 'Le Pays de Vaud et les Universites aux Xlle et XHIe siecles', in A. Paravicini Bagliani (ed.), Ecoles et vie intellectuelle a Lausanne au tnoyen age (Lausanne, 1987), 2.7-52, 63-71.

11

D. Jacquart, Le Milieu medical en France du Xlle au XVe siecle. En annexe second supplement au 'Dictionnaire' d'Ernest Wickersheimer (Geneva, 1981), 75-6, 365-6.

287

Hilde de Ridder-Symoens Montpellier). Between 1350 and 1399 the number of university students identified rose to 18, of whom 8 went to Paris and 1 to Bologna; the others chose the new German universities nearer to their homes: Prague (1), Erfurt (2), Heidelberg (3), and Cologne (3). In the fifteenth century students from Zutphen showed a decided preference for German-speaking countries and for the arts faculty (in the case of 132 of the 142 university students). Four men of Zutphen registered with Louvain University, 1 with Bologna University, 1 with Orleans University, and 4 with the University of Paris; these were the few doctors and jurists produced by the town of Zutphen. 12 The pattern is much the same among graduates from Reichstadt Schweinfurt in Franconia. The first university student is reported in 1395. In the fifteenth century, with a few exceptions (Padua 2 students and Cracow 3 students), all the students of Schweinfurt went to German universities, preferring those nearest their homes: Erfurt (35 per cent of the 247 university students), Leipzig (30.8 per cent), and Vienna (17 per cent). In the sixteenth century some of them went to Bologna and Ferrara Universities, and to the new humanist universities such as Wittenberg; none yet went to a French university.13 By the fifteenth century, when large numbers of universities flourished in Europe, there might be several reasons for choosing a foreign studium: firstly, the discipline taught and the renown of the university; then came the geographical reasons of proximity and easy access, the economic tie of commercial links between towns and regions, and the political attractions (scholarships offered by the university, and political and dynastic relations). Some universities thrived for a time, not because they were famous as centres of learning or for the quality of their teaching, but for extraneous reasons. A notable example of this is the University of Avignon. For political and religious reasons the studium at Avignon drew its students from many more nations than its intellectual worth warranted. As long as the popes were in Avignon (1309-78), despite the counter-attraction of the studium of the Roman curia the University of Avignon thrived on papal encouragement and the influx of student-clerics hoping for a fat papal benefice. Unfortunately, the first rotulus of any substance dates only from 1378, the last year of the 'second Babylonian Captivity' and the beginning of the Great Schism of 1378-1417. In 1378 Christendom split into two opposing camps, one of them supporting the pope in Rome, Urban VI, the other the pope in Avignon, Clement VII. States and universities supported one or the other; France, Spain, and Scotland gave their unqualified support to the pope in Avignon; Italy, the Holy Roman Empire, England, and the Nordic coun12

13

W. Frijhoff, 'Le role des etudes universitaires dans une societe locale: la ville de Zutphen en Gueldre du moyen age au debut du XIXe siecle. Premier bilan d'une recherche', in Actes de la VIeme session scientifique Internationale, Cracovie mai 198-/, Zeszyty Naukowe Uniwersytetu Jagiellonskiego, Prace Historyczne (Cracow, in press). M. Mahr, 'Bildungs- und sozialstruktur der Reichstadt Schweinfurt', dissertation, Wiirzburg, 1978,

217-22.

288

Mobility tries no less vigorously supported the pope in Rome. Some countries — Portugal, Iceland, Sicily, and some dioceses in the empire - wavered and changed their allegiance. The General Councils of Constance and Basle only made the rivalry worse by introducing voting by nation and not by diocese. The rotuli for the years 1378-9 and 1393-4 mention students at the University of Avignon as coming from 194 French dioceses on the western borders of the Holy Roman Empire, and from the Iberian peninsula, but hardly any from dioceses professing obedience to the popes of Rome. 14 When the Great Schism ended, Avignon lost its international attraction and the studium became a centre training local jurists, like other universities in the south of France at that time. The Schism nevertheless had serious consequences for European universities, which had been obliged to trim their sails to suit the policy of their dioceses. Paris was one of the principal sufferers from the rift in the church. The nations of France and Normandy, and the three superior faculties, rallied to Clement VII, whereas most members of the English-German and Picard nations opted for Urban VI. Disputes in the German nation reached such a point that in 1383 its masters and students left Paris for the German universities of Prague, Vienna, Heidelberg, Erfurt, and Cologne; among them were Marsilius of Inghen and Henry of Langenstein, to whom Heidelberg and Vienna respectively owe their brilliant reputation of that time (see p. 436). Fewer German and Scandinavian scholars went to other French universities or to the Urbanist Italian studia. Instead they attended the German universities that came into being all over the empire. As these schools usually taught only arts, canon law, and theology, students of medicine and civil law who wanted first-class teaching still had to make their academic pilgrimage abroad to study - in Italy, and after 1417 in France - after preliminary studies at the nearest university in their homeland. To take as an example law students of the Teutonic Order in the fifteenth century, 22 of the 44 university students studied in the empire, most of them in Leipzig and Vienna, 27 or 28 in Italy (Bologna 11, Padua 7, Perugia 4, Rome 4, Siena 1 or 2), and 1 at Orleans. They were simultaneously representatives of the Order and carried out diplomatic missions.15 Nearly all the Carmelites of the German province, however, most of them students of arts or theology, attended only studia in the empire (of 3,349 registered students, 2,364 of them attended the studia in Vienna, Cologne, Louvain, Trier and Mainz between 1281 and 1555). They ceased to attend French universities at the beginning of

14

15

J. Verger, 'L'universite d'Avignon au temps de Clement VIP, in Genese et debuts du Grand Schisme d'Occident (Paris, 1978), 4-5. H. Boockmann, 'Die Rechtsstudenten des deutschen Ordens', in Festschrift H. Heimpel, vol. II (Gottingen, 1972), 364—5. The total number of registrations is higher than the total number of students because several students went to more than one university.

289

Hilde de Ridder-Symoens the Great Schism, and did not return to them later. Italian faculties of theology were not popular with ultramontane students.16 THE HOLY ROMAN EMPIRE

Nevertheless, the subjects of the Holy Roman Empire were the greatest academic pilgrims of the Middle Ages and modern times. Before the first university was founded in the Empire, would-be university students had no choice but to leave their own country. The Authentica Habita constitution of 1155 (see chapter 3) reflects the German emperor's anxiety to have the services of experts in imperial Roman law, then recently rediscovered. From the end of the twelfth century until the second half of the seventeenth century, the Her italicum was popular with subjects of the Empire. Bologna was their first choice in the Middle Ages, followed by Padua and in the fifteenth century by Ferrara and Pavia; Pisa and Siena did not become really popular until the second half of the sixteenth century. German students attended these universities mainly to study canon and civil law and medicine (the German universities specialized more in arts and theology, and some of them in canon law). As will be shown later, English students flocked to Paris in the twelfth and thirteenth centuries; but in the fifteenth century the Germans began to oust the English in the English-German nation. The foundation of the first university in the Empire, at Prague in 1347, did not at first much change the pattern of academic pilgrimage, which remained unchanged until the Great Schism, but the newly founded German universities were popular with less affluent or more stay-at-home students, for whom foreign travel was not possible but who wanted to study at university. Our figures for Bologna are eloquent of this. In Bologna 3,230 law students registered as members of the German nation of the university between 1289 and 1499. Before 1300 their average number was 45; in the fourteenth and more particular in the fifteenth century the average fell to below 10 a year and at the beginning of the sixteenth century rose to about 30.17 These figures are roughly equal to those of the English-German or German nation of the arts faculty in Paris. Between 1333 and 1494 approximately 3,300 members of the German nation sat for examinations at the arts faculty in Paris. According to M. Tanaka's meticulous research,18 1,806 bachelors were admitted to that nation between 1333 and 1452; 1,116 of them (61.8 per cent) were natives of the Holy Roman Empire, and 42 per cent of the ecclesiastical province of Cologne (759 of the 1,116, one-quarter of whom came from the diocese of Utrecht). The Scots sent 229 16 17

18

F.-B. Lickteig, The German Carmelites at the Medieval Universities (Rome, 1981), 416-17. A. Luschin von Ebengreuth, 'Vorlaufige Mitteilungen iiber die Geschichte deutscher Rechtshorer in Italien', Sitzungsberichte der Wiener Akademie der Wissenschaften, Phil.-Hist. Klasse, 127 (1892), 19-21. M. Tanaka, 'La nation anglo-allemande de l'universite de Paris a la fin du moyen age', thesis, Paris, 1983, 3off. 290

Mobility students (12.6 per cent), the province of Denmark-Sweden 79 (4.3 per cent), the province of Bohemia 18, the province of Hungary 11, and the province of Poland 4 bachelors. As these figures show, and as J. Verger and L. W. Brockliss have shown from other calculations, the University of Paris was not particularly international in the fifteenth century, when only 12 per cent of all the bachelors in canon law came from other than French dioceses.19 Foreigners regarded the law university of Orleans as the faculty of civil law of the University of Paris. The two cities were closely associated and very many alumni of Orleans University had previously studied in Paris, without necessarily following an entire university curriculum there. The German nation in Orleans attracted fairly large numbers of young aristocrats, most of them laymen intending a career in provincial and central government. Between 1444 and 1499 that nation had 225 members, most of them from the old Low Countries; between 1500 and 1546 their number rose to 1,040, among them a growing proportion of Germans.20 A number of Germans were also to be found in the Roman law studia of Angers and Poitiers, the canon law and medical studia at Montpellier, the canon and civil law studia at Avignon, and the Burgundian (later Habsburg) University at Dole. Other French universities attracted Germans only occasionally. From 1370 onwards, most students from the Swiss cantons attended the universities of the Holy Roman Empire, particularly those of Vienna, Heidelberg, and Erfurt. In the fifteenth century many Swiss students also went to Cracow University because of the close trade links of the time between eastern Switzerland (especially the city of St Gallen) and Poland. Students from French-speaking Switzerland still went in large numbers to French universities. Until the mid-fourteenth century Bologna enjoyed a virtual monopoly in the teaching of civil law; next in importance came Paris, and then Montpellier. After 1460 Basle took over. S. Stelling-Michaud notes that, between 1370 and 1470,1,488 Swiss students attended foreign universities and 400 attended Basle University. Between 1470 and 1525 Swiss students at Basle University numbered 1,100 and those at other studia 1,90c21 THE NORDIC COUNTRIES AND EASTERN EUROPE

Students from Scandinavian countries, Iceland, Ireland, and Scotland had to go abroad for university training because they had no studia in their own country, at least until the end of the Middle Ages. Even then, if their country 19

20

21

J. Verger, 'Le recrutement geographique des universities francaises au debut du XVe siecle d'apres les suppliques de 1403', Melanges d'Archeologie et d'Histoire publies par I'Ecole Franqaise de Rome, 82 (1970), 895; L. W . Brockliss, 'Patterns of Attendance at the University of Paris 1400-1800', Historical Journal, 3 (1978), 527. H . de Ridder-Symoens, 'Les origines geographique et sociale des etudiants de la nation germanique de l'ancienne universite d'Orleans (1444—1546). Apercu general', in Universities in the Late Middle Ages, 455—74. Stelling-Michaud, 'Suisse et universites' (note 4), 148-60. 291

Hilde de Ridder-Symoens possessed a university it did not keep young people at home. In most cases they were content with a general training in their own arts faculties - the only efficient faculties there before the sixteenth century. Historians of those countries, particularly the northern countries, have thoroughly investigated their ancestors' academic pilgrimage.22 Once the Nordic countries were converted to Christianity between the early eleventh century (in Denmark, Iceland, and Norway) and the midtwelfth century (Sweden in the early twelfth century and Finland in the midtwelfth century), the newly installed church needed ecclesiastical dignitaries learned in Roman law - to administer it, for the cure of souls, and to found an educational system. In 1219 Pope Honorius III encouraged them to study abroad. Their academic pilgrimage falls into two main stages, one from 1200 to 1350, and the other from 1350 to 1530, the beginning of the Reformation. In the first period the University of Paris, followed by the University of Bologna, attracted by far the most students, three-quarters of them going to Paris and the other quarter to Bologna. Fourteenth-century records show the names of 128 alumni in Paris and 36 in Bologna. There are some traces - but until the seventeenth century no continuous flow - of Scandinavian students in Oxford and Cambridge in the thirteenth century. It would be misleading to judge by the few Scandinavian scholars abroad, for the Scandinavian countries were thinly populated and those scholars were the entire ecclesiastical elite - bishops, canons, and clerics in the king's service - almost without exception members of the wealthier classes, that is, of the aristocracy. Once the universities of the Holy Roman Empire were founded, academic pilgrimage patterns underwent great changes. Prague, founded in 1348, supplanted Paris, just as Leipzig, founded in 1409, supplanted Prague, the Scandinavians having followed the Germans in their exodus from Prague to Leipzig. From 1419 onwards Rostock, being nearer, was the favourite studium, then in order of preference came Greifswald, founded in 1456, and Cologne, founded in 1388. The importance of the Universities of Rostock and Greifswald in the Hanseatic League will be enlarged on below (p. 301). Orleans took the place of Bologna in training experts in civil law, and few northern students went to Paris any more. The foundation of the Universities of Uppsala in 1477 and Copenhagen in 1479 did little to disturb established habit; both universities probably met the growing demand for academic training among the lower classes, for at that time the demand for university graduates, lay or ecclesiastical, far exceeded supply. Social elites continued to prefer study abroad. Figures of registered students in Uppsala and Copen-

22

S. Bagge, 'Nordic Students at Foreign Universities until 1660', Scandinavian Journal of History, 9 (1983), 287—318; J. Pinborg, 'Danish Students 1450-1535 and the University of Copenhagen', Cahiers de Vlnstitut du moyen age grec et latin de Vuniversite de Copenhague, 37 (1981), 74-81. 292

Mobility hagen Universities at that time are not available, but there is ample information on the number of students at foreign universities between 1350 and 1530. Denmark had 2,146 students abroad, Sweden 724, Norway 219, and Finland 97. Some indication of the large numbers of Scandinavians studying at foreign universities, and of the importance of their studies, is that nearly all bishops of Nordic dioceses were graduates of a foreign university, usually Paris and, rather less often, Bologna. More than half the canons in cathedral chapters appear to have been at least masters of arts, who before the latter half of the fourteenth century graduated in Paris, and later in the schools of north-east Germany. These alumni helped to extend European culture to the Nordic countries, and the jurists among them introduced Roman-canon law into the church and state. The studiosi of eastern Europe had similar academic difficulties and overcame them in the same way. Until Cracow University was founded in 1364, Prague University, at that time not a flourishing one, was the nearest studium for Lithuanians, Poles, and Hungarians. Until the seventeenth century Hungarians and Lithuanians had for all but a short time (1389 - c. 1450 at the University of Buda, Budapest, 1367 - c. 1400 at the University of Pecs, and 1465 - c. 1492 at the University of Pozsony, Bratislava) to go to a foreign university for their degree. Like the Scots, northerners, and Germans, young east Europeans were fervent academic pilgrims. Neither Prague nor Cracow, nor other more ephemeral centres, sufficed to keep ambitious students in their home country. Available information shows that, throughout the Middle Ages, the Universities of Bologna, Padua, and Paris took in a steady trickle of students from those countries, even though many of them were isolated individuals. In Bologna and Padua there was a nation of Bohemians, Hungarians, and Poles; in Paris the English-German nation numbered several provinces, one of them for students of Upper Germany. In the fourteenth century a few Bohemians even crossed the Channel to study philosophy and theology in Oxford. 'The high reputation which Oxford then enjoyed at the Bohemia University is illustrated by a Statute of Prague passed in 1367, providing that students who dictated books to their fellow-students were to dictate only works compiled by masters from the illustrious universities of Prague, Paris or Oxford.' 23 The condemnation of Wyclif s works and the suppression of the Lollard movement severed the ties between Prague and Oxford. Towards the end of the fifteenth century eastern Europeans went in greater numbers to study in Paris and Italy. Towards 1500 seven messengers were employed in maintaining contacts between Hungarians studying in Paris and their families in Hungary. Most Hungarian students at that time went, however, only to the Universities of Vienna and Cracow. Astonishingly few R. F. Young, 'Bohemian Scholars and Students at the English Universities from 1347 to 1750', English Historical Review, 38 (1923), 72.

293

Hilde de Ridder-Symoens Hungarians managed to graduate, but according to A. Kubinyi24 there was little demand for graduates in Hungarian public services in the Middle Ages, even in the church. Licentiates and doctors of law were to be found principally in the more important posts. University studies were regarded as intellectual training for the sons of the urban bourgeoisie, as a means of learning foreign languages, making contacts, and cultivating group loyalties. Kubinyi believes that is why the Hungarian universities could not survive until the Hungarian establishment came to prefer graduates to patricians. In Poland young people began their studies in Cracow or in a neighbouring university before going abroad to graduate. They were few in number, because in Poland too there was no real progress in professionalizing the public services until the sixteenth century (see chapter 8). GREAT BRITAIN

The Scots are known as great travellers. Diplomats, mercenaries, priests and pilgrims, merchants, craftsmen, and students, all went to the continent. Mark you what the proverb says Of Scotsmen, rats and lice; The whole world over take your ways You'll find them still, I guess.25 Dr Watt has traced about 1,100 Scottish graduates between 1150 and 1410, when the first Scottish university was founded in St Andrews.26 Available sources are so incomplete that this figure is certainly less than the real number. The foundation of national universities did nothing to reduce Scottish migration and even seems to have had the opposite effect. The universities most frequented by Scotsmen were those of Paris (260 names between 1340 and 1410), Orleans (60 alumni), and Avignon (34 alumni). The first traces of Scots, as of Scandinavians, at the University of Paris date from the beginning of the university. Contacts between France and Scotland were confirmed by the 'Auld Alliance', the treaty of peace and mutual aid against the common enemy, England, concluded in 1295 and several times renewed until 1560. At all costs, Scots avoided going to Oxford and Cambridge studia their numbers there did not exceed 1 per cent of all the students - and they therefore had to cross the Channel. They preferred Paris for arts, theology, and canon law and Orleans for canon and civil law. The Scots had a college 24

25

26

A. Kubinyi, 'Stadische Burger u n d Universitatsstudien in U n g a r n a m Ende des Mittelalters', in E. Maschke and J. Sydow (eds.), Stadt und Universitat im Mittelalter und in der fruheren Neuzeit (Sigmaringen, 1977), 161—5. Quoted in A. I. Dunlop, Scots Abroad in the Fifteenth Century, Historical Association Pamphlet, 124 (London, 1942), 3; English translation of a French rhyme published in Pierre le Jolle, Description de la ville d'Amsterdam, etc. (Amsterdam, 1666), 25. D . E. R. Watt, A Biographical Dictionary of Scottish Graduates to A.D. 1410 (Oxford, 1977).

294

Mobility in Paris, founded in 1325, which was far from sufficient for their growing numbers. That they formed part of the English-German nation did little to make them less uncomfortable bedfellows. According to the chronicles of the English-German nation, The root and origin of almost all the scandals committed by [the Scottish] students was vagabondage. There was no adequate provision of residential colleges for Scottish scholars, who were thus the more prone to remove from one master's house to another, to the obvious loosening of academic disciplines. In 1469, therefore, certain masters of the province of Scotland were empowered to choose an inquisitor to visit and examine the morals of the scholars.27

The Scots flocked to Paris before and after their exodus when the English occupied the city in 1411. Between 1466 and 1500 approximately 350 candidates for the arts examinations appear in the registers of the English-German nation. 28 In Orleans the Scots had a nation of their own; the few English scholars formed part of the German nation. The Scottish nation was in decline because of the political situation in the early fifteenth century. As stated above, the fillip given to the studium of Avignon by the presence of the popes did not last. The Hundred Years War brought about great changes in the Scots' iter gallicum. When Paris fell into English hands in 1411 the Scots left Paris for Cologne, and from 1425 onwards for Louvain, and continued to attend these universities until the Reformation. In Cologne, 91 Scottish students registered between 1400 and 1449 and 257 between 1450 and 1499; in Louvain 160 Scottish students registered between 1426 and 1484, and 182 between 1485 and 1527.29 There were economic reasons for their preference for these universities; the most important Scottish commercial bank in Europe was at Bruges, and that city allowed Scottish merchants to send goods tax-free to their sons, near relatives, and friends studying in Paris, Louvain, or Cologne.30 There had been an English nation in Bologna and Padua since the thirteenth century, but there were few Scottish scholars in Italy in the Middle Ages. The English conquests in France had driven some Scots farther south, where, however, their numbers did not much increase until the sixteenth century. Only a few dozen names have been found in the archives for the Middle Ages 27

28

29

30

D . E. R. W a t t , 'Scottish Student Life A b r o a d in the Fourteenth Century', Scottish Historical Review', 59 (1980), 7. J.-B. Coissac, 'Les etudiants ecossais a Puniversite de Paris', Revue Internationale de Venseignement, 71 (1917), 2 6 - 7 . J. H . Baxter, 'Scottish Students at Louvain University 1425-1484', Scottish Historical Review, 25 (1928), 327-34; A. Schillings, Matricule de I'Universite de Louvain, HI. 1485-1527, 2 vols. (Brussels, 1958, 1962), vol. II, tables, s.v.; H . Keussen, Die Matrikel der Universita't Koln (Cologne, 1928, 1919, 1931), vol. Ill, tables, s.v.; Schwinges, Universitdtsbesucher, 236-8. 'excepto eo quod predicti mercatores poterunt mittere suis filiis aut parentibus et amicis studentibus in universitatibus Parisiensi, Coloniensi et Lovaniensi\ d.d. 1-4—1470 n.s.: L. Gilliodts-Van Severen, Inventaire des archives de la ville de Bruges. Section premiere. Inventaire des Chartes, vol. I (Bruges, 1876), 39. 2.95

Hilde de Ridder-Symoens for the Universities of Bologna, Padua, Pavia, and Ferrara.31 It is noteworthy that from the fourteenth century onwards, and particularly in the fifteenth century, many Scottish graduates stayed on the continent as teachers or members of religious orders. Frisian graduates too, like the Scots, were more numerous than their national population and the backward state of their urban economy would suggest, and had to seek a career abroad once they had their university degree. The Irish appear to have taken much less interest in university education. For the whole of the Middle Ages, only thirty names of students from Hibernia (Ireland) have been found in documents pertaining to the University of Paris, and hardly any such names in other continental universities. M. H. Somers has identified forty-seven students from Ireland at Oxford University in the thirteenth century, fifty-seven in the fourteenth, and eighty-three in the fifteenth century, most of them of Anglo-Norman extraction.32 Few Irishmen took part in the European academic pilgrimage. Throughout the Middle Ages, English students studied mainly at the Universities of Oxford and Cambridge, but towards 1200 there were large numbers of English students in the French schools. Until 1215, 38 per cent of all masters of arts in Paris were of English origin;33 thereafter, for political reasons, their number so far declined that the English nation had to change its name to English-German nation and then to German nation. In the Middle Ages the universities of the Holy Roman Empire had little attraction for English and Irish students, of whom there were not more than a dozen in the various studia. Not many Englishmen went as far as Italy either; there were only 20 English names in the thirteenth century, 55 in the fourteenth, 125 in the fifteenth, and 55 names between 1500 and 1525.34 These English alumni of the Italian universities were, however, of remarkable calibre. At an early date they (William Grey, Robert Flemmyng, Thomas Linacre, William Grocyn, William Lily, John Colet, Cuthbert Tunstall) introduced Italian humanism and the teaching of Greek into England. Something similar happened in other European countries, such as Portugal, Poland, and the Low Countries, where a few graduates of Italian universities introduced humanism into their native land in the fifteenth century. Similarly, continental students showed little interest in the English studia. Only 2 per cent of the students at Oxford and Cambridge came from the Continent, and only 4 per cent were Welsh, Irish, and Scottish. Most of these 31

32

33

34

R. J. Mitchell, 'Scottish Law Students in Italy in the Later Middle Ages', Juridical Review, 49 (1937), 19-24. M . H . Somers, 'Irish Scholars in t h e Universities of Paris a n d O x f o r d before 1500', P h . D . , City University of N e w York, 1979. J. W . Baldwin, ' M a s t e r s of Paris from 1179 t o 1215. A Social Perspective', in Renaissance and Renewal, 148-51. G. B. Parks, The English Traveller to Italy, vol. I, The Middle Ages (to 1525) (Rome, 1954), 423-7.

296

Mobility foreigners were members of the mendicant orders studying for a degree in theology. The policy of those orders was to place monks as students in all university cities of Europe where they had a cloister and/or studium of their own. THE IBERIAN PENINSULA

Intellectual relations between England and Spain were close in the twelfth and thirteenth centuries because of the Toledo translators' school, where Englishmen like Adelard of Bath, Robert of Chester, Alfred the Great, and Michael Scot were active, but intellectual and academic relations between the Iberian schools and those of north-western Europe did not endure. Few Spaniards or Portuguese went beyond Paris, where they were inscribed in the French nation; university lists from German-speaking countries mention no more than five Spaniards or Portuguese. Although Spain did not lack studia generalia teaching civil and canon law on the model of Bologna, Spaniards mostly Catalans - and Portuguese went on to continue their studies at the universities of the south of France (Avignon, Toulouse, and Montpellier), often using them as stages on their way to Italy. Bologna was the most important university city outside the Iberian peninsula - so important, indeed, that in 1364 one of the few colleges for foreigners, the Collegio di Spagna (which is still in operation), was founded there, and served as a model for the many colleges founded in the Spanish studia in the fifteenth and sixteenth centuries. Siena, too, attracted the Portuguese. Around 1500 the other Italian schools were also popular with Spaniards and Portuguese. Available figures suggest that hundreds of Iberian students attended the Italian studia before 1500, and that about one hundred attended the French schools. For the thirteenth century alone, more than a hundred references to Catalans in Bologna have been found.35 Of course there were intensive contacts between the Spanish and Portuguese universities. Salamanca had so many Portuguese students in the Middle Ages that it could almost be considered a Portuguese university.36 Apart from Catalans and Basques, hardly any studiosi living east of the Pyrenees attended Spanish universities.

35

36

R. Kagan, Students and Society in Early Modern Spain (Baltimore/London, 1975), 63,65; J. B. Perez, 'La Tradicion espanola en Bolonia', Revista de Archivos, Bibliotecas y Museos, 3rd series, 33 (1929), 174-84; J. Miret y Sans, 'Escolares Catalans al estudi de Bolonia en la XIHe centuria', Boletin de la real Academia de Buenas Letras de Barcelona, 59 (1915), 154; V. Rau, 'Studenti ed eruditi portoghesi in Italia nel secolo X V , Estudos italianos em Portugal, 36 (I973)> 7-73; M . Peset, 'Estudiantes hispanos en las Universidades francesas, siglo X I V , in Estudios dedicados a Juan Peset Aleixandre, vol. Ill (Valencia, 1982.), 273-94. M . Peset, Interrelaciones entre las universidades espanolas y portuguesas en los primeros siglos de su historia (Coimbra, 1983).

297

Wide de Ridder-Symoens ITALY AND FRANCE

The Italians were more stay-at-home than the Spaniards, but as is clear throughout this chapter their schools attracted hosts of young scholars. Internal migration in Italy was intense. The Alps certainly formed a frontier, academic if not political. The Sicilians congregated mainly in Bologna and Padua, in numbers little affected by the foundation of the University of Catania in 1434 (1444). Available sources record 53 Sicilian students at Bologna between 1400 and 1442, 68 there between 1434 and 1499, and 101 and 109 at Padua for the same periods.37 The few Italian students to be found beyond the Alps were in a few universities in frontier regions, in Basle and Ingolstadt and in the Mediterranean region. The republic of Venice obliged its students to study at Padua, except for those wanting to go ultramontes, i.e. north of the Alps; but this did not stimulate Venetian youth to go abroad. 38 Many of the Italian itinerant scholars belonged to religious orders. Before the latter half of the fourteenth century regular and secular clergy wishing to take a degree in theology had no choice but to cross the Alps, and were naturally drawn to Paris by the renown as teachers of Albertus Magnus and Thomas Aquinas. Conversely, Italian teachers were much sought after by ultramontane universities in the fifteenth century. Certainly the spread of humanism in the fifteenth and sixteenth centuries would have been impossible but for the her italicum of hundreds or thousands of students and learned men from all over Europe. Disciples of humanism sought to introduce the new culture into their own country by all possible means. By offering attractive conditions they attracted Italian humanists - second-rate in Italy but first-rate elsewhere - to teach in their universities - at Salamanca and Lerida, Cracow, Paris, Orleans and the south of France, Oxford and Cambridge, Erfurt, Leipzig, Strasburg, Basle, Louvain, and Vienna.39 Academic relations between Italy and the south of France date from the earliest times. In the twelfth century several Italian jurists trained in Bologna worked and taught in the universities of southern France. In the thirteenth century the influx was mainly of students from southern France into Bologna, where the two ultramontane nations of Provence and Gascony/Auvergne were there to welcome them. In the fifteenth century Italy lost its attraction for scholars from southern France and for Frenchmen in general, for the Great Schism hindered contacts with Italian intellectual centres. Moreover, 37

38

39

N . R o d o l i c o , 'Siciliani nello studio di Bologna nel medio evo', Archivio Storico Siciliano, new series, 20 (1895), 89—228; F. M a r i e t t a , 'I Siciliani nello Studio di Padova nel Q u a t t r o c e n t o ' , Archivio Storico per la Sicilia, 2 - 3 (1936—7), 147-211. R. E. Ohl, ' T h e University of Padua, 1405-1509: an International Community of Students and Professors', Ph.D., University of Pennsylvania, 1980, 39, 53. M a n y examples in R. Weiss, 'Italian Humanism in Western Europe 1460-1520', in F. J. Jacobs (ed.), Italian Renaissance Studies (London, i960), 69—93.

Mobility the growth of French national unity, and consequently of government administration and royal justice, encouraged and indeed obliged future officials to take their degrees at a local university. Only in the last years of the fifteenth century and the first half of the sixteenth century did Italian humanism bring the iter italicum again into fashion (for this pan-European phenomenon see volume II, chapter 10). Students from central and northern France had no particular liking for travel. If they did go abroad to study they generally chose a not-to-distant studium — Cologne, for the men of Champagne and Louvain for students from the border regions of the Low Countries. Occasionally young French scholars were encouraged to study abroad for circumstantial reasons - large numbers of French students came to Pavia because of French political influence in the duchy of Milan at the beginning of the sixteenth century, and also because Pavia was the first university in Italian territory for travellers entering Italy from the Riviera. Dynastic relations between two countries could also temporarily affect the influx of scholars - large numbers of Spanish students came to Louvain in thefirsthalf of the sixteenth century, not only because of the success of the humanist College of the Three Languages (Latin, Greek, and Hebrew), founded in 1517 at the suggestion of Erasmus. The joint rulers, Philip the Handsome and Charles V, improved relations between the Low Countries, Spain and Portugal (only 5 Iberian students were registered at Louvain between 1426 and 1485, but 46 between i486 and 1527, and 180 between 1527 and 1559);40 but dynastic ties were not reciprocal; few subjects of the Habsburgs from the Low Countries ventured beyond the Pyrenees to study. The Dole studium^ which all Burgundian subj ects regarded as 'their' university, attracted more students, and was often a transit university on the road to Italy.

TRAVELLING CONDITIONS

Academic pilgrimage was very dependent on roads. When international trade revived in the eleventh and twelfth centuries, a network of roads was made. Tracks were given a hard surface and sometimes metalled, and bridges were built at the busiest fords.41 Nevertheless, the poor quality of roads, bridges, lodgings, and vehicles remained a major problem for travellers until the eighteenth century. Robbers on land or water, undisciplined soldiery, prostitutes, vagabonds, and bad weather or other natural disasters added to the dangers of travel. In populous areas travellers arrived every evening at a town 40

41

H . de Ridder-Symoens, 'Internationalismus versus Nationalismus an Universitaten um 1500 nach zumeist sudniederlandischen Quellen', in F. Seibt and W . Eberhardt (eds.), Europa 1500 (Munich, 1986), 408. T h e r e is an a b u n d a n t literature o n travel in the M i d d l e Ages. Some examples: N . Ohler, Reisen im Mittelalter (Munich/Zurich, 1986); A. N e w t o n (ed.), Travel and Travellers of the Middle Ages (London, 1968); M . N . Boyer, 'Travel in Medieval France (1300-1450)' Ph.D., Columbia University, 1958.

299

Hilde de Ridder-Symoens or village offering adequate lodging and food - Avignon at the time of the popes had some sixty inns with beds. The most frequented universities of Europe in the Middle Ages were all in thickly inhabited and easily accessible areas. Travellers on foot could do 30 to 40 km (20 to 25 miles) a day and horsemen 50 to 60 km (30 to 40 miles). Couriers managed 100 km (60 miles) a day. The most accessible roads were the Roman ones, disused in the early Middle Ages but restored when international trade revived.42 Several Italian universities were connected by the Aurelian, Aemilian, and Flaminian Ways. To reach Italy a traveller could travel via France or follow the 'Dutche road' or 'merchandese road' through Germany. For Englishmen and continentals living west of the Schelde, the best route - military operations permitting was from Paris to Dijon and thence to Lausanne and the Mont Cenis or the Great Saint Bernard Pass, and then along the Aemilian Way to Pavia or Bologna. Another easy road was from Paris to Orleans (the first paved highway in France) and then to Lyon, whence travellers could continue towards the Mont Cenis or follow the Rhone valley to Avignon, and then take the road along the coast before picking up the Aurelian Way in Genoa for Pisa, Siena, or Rome. As the Po was navigable as far as Ferrara, which was connected by canal to Venice, students could easily reach the Universities of Padua and Ferrara by following the French itinerary. Sir Richard Guylforde, an English pilgrim, noted in his diary in 1506 that his journey from Rye (near Hastings on the English coast) to Venice took him 37 days: 26 days overland, 6 by water, and 5 days' rest. The journey via Germany took about as long, as Richard Torkyngton, also a pilgrim to Jerusalem, recorded in 1517. He reached Venice in 38 Vi days (23 days overland, 8 by water and 7 Vi days' rest).43 From the Channel the Rhine road went to the university cities of Louvain, Cologne, Heidelberg, Strasburg, and Basle before reaching Milan and the Aemilian Way by the Saint Gotthard Pass. Farther east the Venetian trade route crossed the Brenner to join the Hanseatic roads. The Hanseatic League vastly improved the road system44 by building and maintaining roads linking the towns that were members of the League. Transport by the North Sea and the Baltic and on inland waterways was no less important. Rivers were made navigable by locks and similar facilities, and by building canals between natural waterways. There were no special arrangements for passenger transport; travellers had to make do with what little comfort they could get. Nevertheless, travel by barge had its advantages, being less tiring than walking, more comfortable than an unsprung cart or 42

43 44

W . Gotz, Die V' erkehrswege im Altertum und Mittelalter. Die Verkehrswege itn Dienst des Welthandels (Stuttgart, 1888; reprint, Amsterdam, 1969). Parks, English Traveller (note 34), 495-501. F. Bruns a n d H . Weczerka, Hansische Handelsstrassen, 2 vols., vol. I, Text, vol. II, Atlas (Cologne/Graz, 1962), maps A a n d B; P. Dollinger, The German Hansa (London, 1970). 3OO

Mobility carriage, and fairly cheap. In moderately flat country travel was quicker downstream. Many students reached their university by the Hanseatic trade routes. From London to Bruges they could follow a trading caravan along the Rhine to Basle (as stated above), or bear east to Frankfurt-on-Main and the Brenner and then direct to Padua and Ferrara. Crossing the Alps was arduous even in the summer. Pero Tafur, a Portuguese pilgrim, wrote in 1438: The next day I arrived at the foot of the St Gotthard Pass, high in the Alps. It was the end of August when the snow melts in the great heat, making the crossing very perilous. An ox, accustomed to the ways, goes in front drawing a long rope. To this a trailer is attached, on which the passenger sits, holding his horse behind him by the reins. In this way, if any accident happens, only the ox is imperilled.45

From Cologne several roads led direct to Rostock, Leipzig, Erfurt, Prague, or Cracow. Northerners could travel down the Elbe to Leipzig or Prague or take the road from Stralsund or Danzig to Cracow. Rostock University, founded in 1419, is the only university that can be called Hanseatic. Its students were nearly all from the area of the Hanseatic League - the Baltic and Scandinavian countries and the Low Countries. The Greifswald studium, founded in 1456, was especially popular with Scandinavians, but was never as popular as Rostock with students from the western Hanseatic cities, who at one time in the fifteenth century accounted for one-quarter of all the students registered there. Students going to Italy or Spain could perhaps follow in the train of a personage of high rank - a sovereign, nobleman, dignitary of the church, or diplomat - or join a merchants' caravan or group of pilgrims bound for Rome, Jerusalem, or Santiago de Compostela. Four great itineraries crossed France towards the holy shrine of Santiago de Compostela on the western edge of Christendom, taking in the university cities of Paris, Orleans, Bourges, Poitiers, Bordeaux, and Cahors. From the fifteenth century onwards, travel guides became popular, written mainly for pilgrims but of course equally useful to students. There is evidence to show that students travelled in groups for safety and comfort: university registers show that several scholars from the same town or region registered at the same time on the university rolls. Other studiosi joined the group in its journey. University messengers used the same routes, and where there was no messenger service students resorted to merchants, fellow students, or visiting fellowcountrymen. From the thirteenth century onwards, young people studying in university cities that were also busy trading centres had money sent to them through bankers with offices and correspondents in the big European trading centres. Travellers had to face not only the dangers of the road but also customs 45

Quoted in M. Rowling, Everyday Life of Medieval Travellers (London/New York, 1971), 38. 301

Hilde de Ridder-Symoens dues, tolls, and other taxes, levies, and exactions. Centuries before, the Emperor Frederick I Barbarossa had tried to spare them all these in his Authentica Habita constitution, and later sovereigns had granted many privileges protecting foreign students in many different ways. Even in time of political tension or military operations, sovereigns from the Emperor Frederick I onwards protected itinerant students and their messengers, granting them safe-conducts to cross territories in a state of war and exempting them from customs dues on food and clothing. Sometimes, however, scholars were imprisoned or molested while crossing an enemy country, or even expelled if their host country was at war with their home country. In 1419 the French regent Charles granted a safe-conduct to the members of the Burgundian nation in Montpellier, who were subjects of his rival the duke of Burgundy, granting them permission to live 'seurement et sauvement en ladite etude de Montpellier sans que on puisse aucune chose demander, suppose qu'ils soient dudit pays de Bourgogne ou d'autre qui ne nous soit pas si obeissant comme il deust' (safe and sound in the said studium of Montpellier without anything being required of them should they be of the said country of Burgundy or any other country that is not as obedient to us as it should be).46 This precedent did not deter King Louis XI from expelling 400 students from Paris in 1470 because they were subjects of Charles the Bold, duke of Burgundy. In 1524 the procurator of the German nation in Orleans noted in the Book of Procurators that he himself and William Cupreus of Flushing were made prisoners in Chateauneuf-sur-Loire by the duke of Luneberg, an ally of Francis I in his war against the emperor Charles V. The procurator added that, although his predecessor had omitted to mention it, he recorded this event as a warning to his colleague to take due care in time of war, and not to leave the city of Orleans without good reason in time of military operations. 47 Other privileges relating to foreign currency, and the especially important privilege of exemption from the right of escheat, were everywhere recognized. Exemption from the right of escheat meant that the property of students dying abroad was not confiscated by the local ruler but was returned to their heirs. If they did not claim the property it was sold and the proceeds were spent on prayers for the dead man's soul, or for charitable purposes. These privileges, and more general ones relating to justice or control of rents or food prices (see chapter 4), made it possible for itinerant students to survive. The use of Latin as a common language, and of a uniform programme of study and system of examinations, enabled itinerant students to continue their studies in one studium after another, and ensured recognition 46

47

Fournier (ed.), Statuts, vol. II, 183, quoted in M . Waxin, Statut de Ve'tudiant e'tranger dans son developpement bistorique (Amiens, 1939), 67-8. C. M . Ridderikhoff and H . de Ridder-Symoens (eds.), Premier Livre des Procurateurs de la nation germanique de Vancienne Universite d'Orleans 1444-1546. Premiere partie: Texte des rapports des procurateurs (Leiden, 1971), 263-4. 3O2

Mobility of their degrees throughout Christendom. Besides their academic knowledge they took home with them a host of new experiences, ideas, opinions, and political principles and views. Also - and this is important - they brought back manuscripts and, later on, printed books. They had become familiar with new schools of artistic expression, and with living conditions, customs, ways of life, and eating and drinking habits all previously unknown to them. As most itinerant scholars belonged to the elite of their country and later held high office, they were well placed to apply and propagate their newly acquired knowledge. The consequences of academic pilgrimage were, indeed, out of all proportion to the numerically insignificant number of migrant students. SELECT BIBLIOGRAPHY

Aston, T. H. 'Oxford's Medieval Alumni', Past and Present, 74 (1977), 3-40. Aston, T. H., Duncan, G. D., and Evans, T. A. R. 'The Medieval Alumni of the University of Cambridge', Past and Present, 86 (1980), 9-86. Boyce, G. The English-German Nation in the University of Paris during the Middle Ages, Bruges, 1927. Budinsky, A. Die Universitat Paris und die Fremden an derselben im Mittelalter, Berlin, 1876; reprint, Aalen, 1970. Dotzauer, W. 'Deutsche in westeuropaischen Hochschul- und Handelsstadten, vornehmlich in Frankreich, bis zum Ende des alten Reiches. Nation, Bruderschaft, Landmannschaft', Festschrift L. Petry, Geschichtliche Landeskunde, 5 (1969), 89-159. Dotzauer, W. 'Deutsches Studium und deutsche Studenten an europaischen Hochschulen (Frankreich, Italien) und die nachfolgende Tatigkeit in Stadt, Kirche und Territorium in Deutschland', in E. Maschke and J. Sydow (eds.), Stadt und Universitat im Mittelalter und in der friihen Neuzeit, Sigmaringen, 1977, 112-41. Kibre, P., The Nations in the Mediaeval Universities, Cambridge, Mass., 1948. Miethke, J. 'Die Studenten', in R. Schultz (ed.), 'Unterwegssein im Spatmittelalter', Zeitschrift fur Historische Forschung, (special issue) (1985), 49—70. Pini, A. I . ' "Discere turba volens". Studenti e vita studentesca a Bologna dalle origini dello studio alia meta del trecento', in G. P. Brizzi and A. I. Pini (eds.), Studenti e Universita degli studenti del XII al XIX secolo, Bologna, 1988, 45-136. Schwinges, R. C. 'Zur Prosopographie studentischer Reisegruppen im fiinfzehnten Jahrhundert', in N. Bulst and J. P. Genet (eds.), Medieval Lives and the Historian. Studies in Medieval Prosopography, Kalamazoo, 1986, 333-41. Simak, J. V. 'Studenti z Cech, Moravy a Slezska na nemeck ch universitach v XV.-XVIII. st.' (Students of Bohemia, Moravia, and Silesia at the German Universities in the Fifteenth - Eighteenth Century), Casopis Ceskeho Musea, 79 (1905), 290-7; 80 (1906), 300-5, 5 IO "39Trombetti Budriesi, A. L. 'L'esame di Laurea presso lo studio bolognese, Laureati in diritto civile nel secolo X V , in G. P. Brizzi and A. I. Pini (eds.), Studenti e Universita degli studenti del XII al XIX secolo, Bologna, 1988, 137-91. Verger, J. 'Geographie universitaire et mobilite etudiante au moyen age: quelques 303

Hilde de Ridder-Symoens remarques', in A. Paravicini Bagliani (ed.), Ecoles et vie intellectuelle a Lausanne au ntoyen age, Lausanne, 1987, 9-24. Verissimo Serrao, J. Les Portugais a VUniversite de Toulouse, XHle-XVIle siecles, Memorias e documentos para a historia luso-francesa, 5, Paris, 1970. Verissimo Serrao, J. Les Portugais a VUniversite de Montpellier, XHe—XVHe siecles, Memorias e documentos para a historia luso-francesa, 8, Paris, 1971. Verissimo Serrao, J. Portugueses no Estudo de Salamanca, vol. 1,1250—1550, Lisbon, 1962. Waxin, M. Statut de Vetudiant etranger dans son developpement historique, Amiens, 1939-

304

PART IV

LEARNING

THE FACULTY OF ARTS

CHAPTER 10.1

THE TRIVIUM AND THE THREE PHILOSOPHIES

GORDON LEFF

THE LIBERAL ARTS IN MEDIEVAL EDUCATION

Medieval universities gave institutional form to a hierarchical notion of knowledge which they inherited from antiquity. Both Plato (Republic II, III, VII) and Aristotle (Politics VII, VIII) described a basic education which comprised a grounding in elementary grammar, literature, music, and arithmetic, and which prepared the way for the advanced study of mathematics and finally philosophy, whose object was wisdom, the supreme end of knowledge. That view of the propaedeutic role of the 'liberal arts', as they were called, arts for the free, as opposed to the servile, man passed into Roman education, where they had the directly practical end of preparing for a training in law and public life. It was in turn inherited by the Middle Ages and adapted, 307

Gordon Leff above all by Saint Augustine, to Christian objects of mastering the meaning of Scripture as the repository of Christian wisdom founded upon faith and the love of God. By the time of the emergence of universities in the twelfth century, theology, as the end of profane knowledge, had been joined by the more practical ends of law and medicine. The arts were therefore distinguished from the higher subjects in a number of important ways. In the first place they were a heterogeneous grouping without any unity other than their common introductory function. From antiquity they were divided between the three verbal disciplines of grammar, rhetoric, and logic (the trivium or threefold way to wisdom), and the four mathematical disciplines, of arithmetic, geometry, astronomy, and music (the quadrivium or fourfold way). But, although the notion of the liberal arts was usually retained (as in Oxford), by the middle of the thirteenth century they no longer corresponded to the content of the arts course and were supplemented or superseded by other classifications, notably the addition of the three philosophies, natural, moral, and metaphysical, which were not covered by the older divisions of the trivium and quadrivium.1 In the second place, because of the heterogeneity of the arts, there was an uneven development both within the subjects of the trivium and the quadrivium and between the two groups. Generally speaking, until the 1230s the trivium was more studied than the quadrivium^ that remained true especially of Paris. At the same time, certainly in the two leading northern universities of Paris and Oxford, within the trivium grammar and logic largely ousted rhetoric, which became an adjunct of grammar, while grammar itself largely came to be governed by logical considerations. South of the Alps, at Bologna especially and at Padua, rhetoric was dominant and was for a time, during the first part of the thirteenth century, almost autonomous at Bologna. In the third place different emphases among the arts subjects were due primarily to the relation between the arts and the higher faculties. Here we can distinguish between the northern and the southern universities. Until the middle of the fourteenth century, Paris and to a lesser extent Oxford and Cambridge were the theological universities; outside the cathedral schools and the schools of the mendicant orders they had a virtual monopoly of the teaching of theology, a monopoly which seems to have been jealously guarded by the papacy, which for a long time refused to grant a faculty of theology to other universities. Since entry to the theological faculty, as to the other higher faculties, could until the fourteenth century normally come only after passing through the arts faculty (except for the mendicants who were permitted to study arts in their own schools), there was a close connection between the two faculties. And at all three northern universities, above all 1

For the liberal arts, see the select bibliography. For the history of the three philosophies: J. A. Weisheipl, 'The Classification of the Sciences in Medieval Thought', Mediaeval Studies, 27 (1965), 54-60.

308

The trivium and the three philosophies Paris, the arts course had a strongly philosophical character, with logic as the dominant subject in the old trivium and the three philosophies supplementing the old quadrivium in different proportions; at Paris greater attention was given to practical and metaphysical philosophy than at Oxford, where the emphasis was on natural philosophy. In southern France, Italy, and Spain law ruled supreme, with medicine as the other main study, to which, at Bologna and Padua, the arts were subordinated and did not necessarily have the same preparatory role. The character of the arts course was correspondingly more practical, with rhetoric the main ancillary to the law, and logic and the natural sciences were regarded as instrumental to the study of medicine with less independent scope for speculation, grammatical, logical, or metaphysical. That did not prevent developments in both the literary and scientific subjects, but it limited the autonomy of the arts within the university. That was even more true institutionally in the student universities of Bologna and Padua, where the universities of the law students preponderated. For much of the thirteenth century and into the fourteenth century their rectors claimed jurisdiction over the more recent student universities, and masters' colleges, of arts and medicine. It took a prolonged struggle before the latter were able to exercise their own jurisdiction in the fourteenth century. The effect of these different developments within the northern and southern universities was that the arts faculties of the southern universities never attained a comparable status with those in Paris and Oxford, where they were the dominant element both numerically and juridically; they also had the youngest and most volatile membership. On the other hand, the absence of a theological faculty or professors of theology in such universities as Bologna, Padua, and Salamanca until the second half of the fourteenth century meant a corresponding absence of the tensions between the naturalistic disciplines of the arts faculty, especially those connected with the three philosophies, and the Christian presuppositions involved in the study of theology and the Bible. As will be seen elsewhere, the tensions were greatest at Paris, the undisputed centre of theological studies in the thirteenth and fourteenth centuries. The differences between the arts in the northern and southern universities derived from different educational traditions. North of the Alps education until the eleventh century had developed within the almost exclusively religious framework of the earlier monastic and cathedral schools and along the lines prescribed in Saint Augustine's De doctrina christiana: it involved the acquisition of profane or natural knowledge to serve Christian ends. The effect was to consider the arts directly subordinate to theology, having as their raison d'etre the putting of worldly wisdom at the service of the Christian wisdom to be found in the Bible. If in practical terms that often meant little more than meeting the utilitarian requirements of elementary literacy 309

Gordon Leff and numeracy needed in the performance of monastic and priestly duties, it nevertheless also meant conceiving the arts in a wider context. That can be seen in the continuation of the Greek and Roman classificatory schemes of knowledge, transmitted to the Middle Ages by Boethius, Cassiodorus, and Isidore of Seville, of which the division into the three philosophies in the thirteenth century was one outcome.2 The connection between the arts and theology was given an institutional foundation in Charlemagne's educational reforms under Alcuin at the end of the eighth century and the beginning of the ninth century: these made the monasteries and the cathedrals responsible for providing instruction for the purpose of comprehending the Bible, and indirectly for educating a class of clerks capable of carrying out the administration of the new empire.3 Such schools remained the main foci of higher education and learning until the middle of the twelfth century, and they continued to exist until the end of the Middle Ages. Although intellectually the universities gave their stamp to higher education, numerically they were only one component in the network of studia, and, as late as 1400, they numbered only some forty. Both north and south of the Alps and Pyrenees, therefore, other kinds of institutions preceded and co-existed with the universities, both providing a preparation for them, as the grammar schools and individual masters did, and supplementing them, as the cathedral schools and the houses of study of the different religious orders did. Where the schools and masters and universities, above all of Italy, differed from those elsewhere was in their retaining the lay and civic character of Roman education.4 Rhetoric was the dominant subject in the arts, studied as a preparation for a career in law and public life; and teaching was in the hands of the urban schools and masters of rhetoric, who taught the elements of the other liberal arts, particularly grammar and logic, as a foundation for it. As the cities began to recover and expand in the tenth and eleventh centuries, so did the range of civic activities, both in connection with the revival of law and the development of notarial skills, and in the emergence of medicine as a discipline and a career. Concomitantly, theology, as already said, was the preserve of the religious orders. Although that lay and civic ambience was peculiar to Italy, to be seen in the emergence of its distinctive literary culture in the thirteenth and fourteenth centuries, the same predominantly non-theological orientation of the arts was shared by the Spanish universities despite their being, as at Salamanca and Valladolid, under the religious authorities, and also by southern French 2 3

4

Weisheipl, 'Classification', (note 1), 55-6. F. L. Ganshof, The Carolingian and Frankish Monarchy (London, 1971), 20,28—9; H. R. Loyn and J. Percival, The Reign of Charlemagne (London, 1975), 63-4. For the history of classical education: H. I. Marrou, Histoire de VEducation dans VAntiquite (Paris, 1948; English transl. by G. Lamb, New York, 1956); J. Bowen, A History of Western Education, vol. I, The Ancient World (London, 1972)310

The trivium and the three philosophies universities, such as Montpellier. Even the university originally founded at Toulouse in 1229 by papal decree, to consolidate the recent victory over the Cathar heretics, was a century later, in 1335, forbidden by Pope Benedict XII to allow graduation in theology, while the university at Avignon only received a theological faculty in 1413, granted papal immunity by John XXIII.5 The ban upon the teaching of theology outside Paris - and Oxford and Cambridge - until the 1360s was designed to keep the monopoly of it at Paris, where it was jealously protected by periodic papal interventions against what were regarded as subversive doctrines arising from the study of pagan authors in the arts faculty. In consequence of that close association with theology, the arts at Paris and at Oxford and Cambridge evolved in a different milieu from that in almost every other university until around the middle of the fourteenth century. Far from being subservient to theology, the arts in those universities continued to follow their own autonomous development, as they had in the eleventh and twelfth centuries, as well as being the dominant faculty. All such divergences nevertheless arose from within a common scheme of knowledge, which, apart from its particular modes of treatment and organization, provided the universally accepted foundation of education and learning in the Middle Ages. It emerged in two stages. The first, as already indicated, was, by more or less direct inheritance from ancient educational theory and practice, based on the liberal arts, which became divided into the two groupings of the trivium and quadrivium. The second was through a series of translations into Latin, extending from the middle of the eleventh century to well into the thirteenth century, and reaching its height in the second two-thirds of the twelfth century, of an almost completely new corpus of philosophical, medical, and scientific works, principally of Greek and Arabian origin, hitherto unknown to the medieval West. This new body of knowledge had a transforming effect upon the existing state of knowledge, of which the emergent universities were the direct recipients. It not only radically changed the content and enlarged the structure of the liberal arts, as it did of medicine, the two subjects chiefly affected by the new accessions: it also challenged many Christian conceptions about the nature of the world and of man, and accordingly involved a redefinition of Christian belief in relation to philosophy, particularly the three philosophies, which were principally those of Aristotle, accompanied and mediated by Arabic interpretations. Christian thinkers were therefore faced with what at first often appeared a bewildering task of assimilation, which for the most part was achieved in the different faculties of the universities, and, in the case of arts and theology, occupied the greater part of the hundred years between the 1230s and 1330s. 5

Rashdall, Universities, vol. II, 166-7, J 7 6 311

Gordon Leff THE EARLY STAGE

In the first stage the absence of an independent body of Greek and Arabic sources was the accompaniment of a Latin-based culture, which the Middle Ages inherited from the Roman Empire in the West. It was confined not only to one language - that broadly remained true of the whole of the Middle Ages until the late fourteenth century - but to what was accessible in that language. By the sixth century, after the Roman Empire had politically ceased to exist in western and central Europe, the cultural base consisted principally of handbooks and encyclopedias of the liberal arts together with the writings of the main Latin authors and poets.6 Apart from law, which was Rome's chief intellectual legacy to medieval and European culture but did not start to take effect before the eleventh century, it was pre-eminently a literary culture, with rhetoric the dominant member of the arts, to which grammar and logic were subordinate. There was no first-hand knowledge of the subjects of the quadrivium at all, as there had not been any in Roman education; from the first they had always been studied in popularized versions through handbooks and digests, a practice taken from the contemporary Hellenistic world and leading to the progressive adulteration of their contents, as ever more convenient, and superficially intelligible, versions succeeded one another. It was on this slender and incomplete foundation that the arts were transmitted to the Middle Ages and were continued, with growing additions, until, in the eleventh and twelfth centuries, they directly encountered for the first time the previously unknown world of Greek science and philosophy, greatly enriched, and often preceded chronologically, by a further body of Islamic science and philosophy. Together the old and the new combined to provide the base for the arts faculties. We must now consider its constituents. First, there was grammar, which was always regarded as the preliminary study among the arts, in giving knowledge of the forms of language on which the other arts of expression depended. In fact, grammar involved elements of both logic and rhetoric as well as extending to literature.7 It was therefore interconnected with the rest of the trivium and was not simply a separate adjunct. Until the twelfth century the main texts were the two primers of Donatus, the Ars minor and Ars major, and Priscian's Institutiones grammaticae. Composed in the fourth and sixth centuries respectively, they at once summarized classical grammar and virtually constituted medieval grammar as the elementary and advanced textbooks; they continued to be such after the coming of the new verse grammars of Alexander of Villedieu 6

7

For a brief survey of these developments: D. L. Wagner, 'The Seven Liberal Arts and Classical Scholarship', in D. L. Wagner (ed.), The Seven Liberal Arts in the Middle Ages (Bloomington, Ind., 1984), 10-22; R. R. Bolgar, The Classical Heritage and Its Beneficiaries (Cambridge, 1954), chs. 1 and 3. For a resume and bibliography: J. F. Huntsman, 'Grammar', in Wagner (ed.), Seven Liberal Arts (note 6), 59-95; J. J. Murphy, Rhetoric in the Middle Ages (Berkeley, 1974). 312

The trivium and the three philosophies and Eberhard of Bethune at the end of the twelfth century and the beginning of the thirteenth century, passing into the curriculum of the arts faculty and, in the case of Donatus's Ars minor in particular, surviving the Middle Ages. Both Donatus and Priscian and the later verse grammars, which acquired great popularity, represented literary or practical grammar concerned with the parts of speech and syntax. Donatus's two books treated the former, descriptively in the Ars minor, more elaborately in the Ars major, which in book III (often called the Barbarismus from its first word) extended to figures of speech. It came to be taken as a separate text both at Oxford and at Paris. So did the last two of the eighteen books of Priscian's Institutions, known as Priscianus minor or De constructionibus, from their subject-matter, which was syntax; they, too, were specified separately under that title, as the first sixteen books were under the title of Priscianus major. Priscian's was a much more substantial work than the two books of Donatus; it was written at Constantinople, the capital of the surviving eastern part of the Roman Empire, whose culture was Greek. Priscian therefore had access to a much richer cultural tradition than his western counterparts, although he also refers to them, including Donatus. He also included classical (Latin) texts as illustration, making the Institutiones a repository for classical sources, especially Virgil (whose standing was doubtless further increased by Priscian's separate grammatical study of the first twelve lines of the Aeneid). At Oxford officially, at least in the regulations, Priscian appears to have remained in use longer than Donatus, well into the sixteenth century. The reason may well have been his strongly semantic approach to grammar, treating the parts of speech for their meaning, as a noun denotes a substance and quality, and a verb action or being acted upon. His approach was based upon the so-called grammar of Apollonius, in which simple elements combine into more complex elements, beginning with letters which are joined to form syllables, which in turn form words, and words sentences, which owe their meaning to the meaning of the words composing them. That helped to stimulate a philosophical, or, more strictly in its first phase, logical, approach to grammar, directed to its general characteristics, especially the analysis of meaning.8 It had its beginnings in the mid-eleventh century, emerging as a separate field of enquiry in the second half of the twelfth century under Peter Helias and Peter of Spain (not to be confused with the thirteenth-century logician Petrus Hispanus, who became Pope John XXI in 1276). Although Aristotle's so-called 'old logic', of the Categories and Interpretation, pointed to the close connection between grammar and logic, the developments in grammar were indigenous. So, too, was the concurrent development of terminist logic, also going back to the eleventh century and having a similar concern with the meaning of words, particularly indefinite, 8

S. Ebbesen, 'Ancient Scholastic Logic', in N. Kretzmann, A. Kenny, and J. Pinborg (eds.), The Cambridge History of Later Medieval Philosophy (Cambridge, 1982), n o . 313

Gordon Leff or syncategorematic, words like 'any' and 'not' which could not stand alone in propositions. They each antedated, therefore, the rediscovery of Aristotle's new logic, or the Prior and Posterior Analytics, Topics, and Sophistical Refutations, in the twelfth century. Apart from the Sophistical Refutations, these works were only systematically studied, like the rest of Aristotle's newly translated writings, in the thirteenth century. Their main influence upon grammar was through the Posterior Analytics, Soul (De anima), and Metaphysics, and they helped to produce a new genre of speculative grammar, principally in the arts faculty at Paris, between about 1270 and 1300; it consisted in the systematization of the different modes of signification which words could receive into something like a universal grammar of word forms.9 It had close affinities with terminist logic and was the furthest to which the logical treatment of grammar was taken in the Middle Ages. Turning next to logic, Aristotle's logical works were divided into the old and the new logic because, although Boethius had translated all Aristotle's main works on logic, apart from the Posterior Analytics, only those of the so-called 'old logic' had continued to be known before the twelfth century. The old logic, in addition to Aristotle's Categories and Interpretation, also included Boethius's translation of the Introduction of Porphyry, the thirdcentury Neoplatonist, to the Categories, accompanied by Boethius's commentaries (two for the Categories and Porphyry) on each of those works, together with a commentary on Cicero's Topics and his own treatises on division, categorical and hypothetical syllogisms, and topics (De differentiis topicis). The last-named work was especially important in stimulating a new interest in dialectical reasoning in the eleventh and twelfth centuries, and only came to be displaced by Aristotle's Topics in the thirteenth century, while the commentaries on Porphyry were responsible for initiating the debate on universals, over the independent existence or non-existence of universal natures, such as animal or man. Boethius's translations of Aristotle's other logical writings remained unknown until the 1120s, when they became the foundation of the 'new logic'. They were again translated in the twelfth century, the Posterior Analytics for the first time by James of Venice, then the foremost translator of Aristotle, who also translated the Sophistical Refutations. His translations, all from the Greek, were made between about 1125 and 1150.10 Until the middle of the twelfth century, Aristotle was known to the West only by his logical writings. They therefore stand in a category of their own, in giving him a purely logical identity, and one which was to have a far-reaching effect when his more or less complete philosophical works 9

10

J. Pinborg, 'Speculative Grammar', in Kretzmann, Kenny, and Pinborg (eds.), Cambridge Medieval Philosophy (note 8), 254-69. B. Dod, 'Aristoteles Latinus', in Kretzmann, Kenny, and Pinborg (eds.), Cambridge Medieval Philosophy (note 8), 54—5, and table of translations 74—5.

314

The trivium and the three philosophies became known by the first quarter of the thirteenth century. Although his Physics, Metaphysics, and De anima were also translated by James of Venice before 1150, they only began to have an impact at the beginning of the thirteenth century. For most of the twelfth century Aristotle was regarded as a logician. Plato, on the strength of the surviving first half of Chalcidius' commentary on the Timaeus, and Boethius, through his Consolation of Philosophy and theological as well as logical and other works, were still the chief philosophers. As we shall discuss later, the introduction of the main body of Aristotle's philosophical writings into the arts faculty largely transformed the arts course in the thirteenth century. In the case of logic, we can conclude that, like grammar, its progress until the thirteenth century was largely indigenous, from within the existing stock of texts, which had come down principally through Boethius. Then, under the influence of the new logic, as well as important non-Aristotelian Stoic and Galenic elements, especially those contained in the so-called Alexander's commentaries on the Sophistical Refutations and Posterior Analytics (mistakenly taken for those of the second-century commentator, Alexander of Aphrodisias), translated by James of Venice,11 its ramifications, in contrast to grammar, extended to every aspect of Aristotelian and terminist logic, producing new forms as well as directly bearing upon the three philosophies and theology. The third element of the trivium, rhetoric, remained the most indigenous of all; apart from its application to the practical activities of letter-writing, in the ars dictaminis and ars notaria, and, in the thirteenth century, preaching, the ars predicandi, it underwent no internal development comparable to that in speculative grammar or logic. It remained from the beginning governed by Cicero, directly through his early De inventione, with its stress upon forensic argument, giving it a legal bias, and indirectly through the pseudo-Ciceronian Ad Herrenium from the ninth century onwards, with its emphasis upon ornamentation of style.12 Although in the twelfth century the popularity of Ad Herrenium came to challenge that of De inventione, the latter remained the undisputed source of rhetorical principles, resisting the attempts of Boncompagno da Signa in the first part of the thirteenth century to displace the Ciceronian five-part letter by a letter in three parts. 13 It was at Bologna in the thirteenth century that the ars dictaminis became for a time a separate faculty before being supplanted by the ars notaria as a separate skill. Of all the subjects of the liberal arts, rhetoric never established a separate identity and had to wait until the fifteenth century in Italy before it fully gained one. In the Middle Ages it was the most anomalous of the arts because 11 12

13

Ebbesen, 'Ancient Scholastic Logic', (note 8), 108—10. M. Carmago, 'Rhetoric', with bibliography, in Wagner (ed.), Seven Liberal Arts (note 6), 97—124; Murphy, Rhetoric (note 7). Murphy, Rhetoric (note 7).

315

Gordon Leff the very conditions of public life and the central importance of the lawcourts, which had fostered it in Roman times, ceased to exist, and never properly returned in their classical or post-medieval forms. Hence rhetoric became subordinated to a written culture, to grammar in the earlier Middle Ages and, in Italy, as the ancillary of law from the eleventh century, gradually broadening its influence to letter-writing and later preaching. What had doubtless helped to ensure its preservation north of the Alps was the rhetorical training which the early Christian fathers, including Saint Augustine, had received, and the need, recognized by him in his De doctrina christiana, to use persuasion in preaching Christian wisdom. That was given fullest expression by the new mendicant orders in the thirteenth and fourteenth centuries. But it is noteworthy that the argument made no difference to the status of rhetoric north of the Alps, for all the importance of the mendicants at Paris and Oxford and the other universities. Nor did the comparatively late translation of Aristotle's Rhetoric around the middle of the thirteenth century. Rhetoric remained subsidiary to the other two members of the trivium, overlapping with grammar as in the new verse grammars or subsumed under dialectic as in effect it was in Boethius's treatise on topics. It was a set text for rhetoric at Oxford, while at Paris study was initially confined to the fourth and last book, and relegated, with the quadrivium, and philosophy, to public holidays, in the first statutes given by the papal legate, Robert of Courson, in 1215. Although Cicero had always to be read, and the dictamen had flourished at Orleans and Tours in the twelfth century and was in general use in northern Europe, as well as in Italy, to serve the needs of law and administration, it was in Italy that the ars dictaminis was most advanced, and even there the creative period of the ars dictaminis was over by the middle of the thirteenth century and rhetoric took an increasingly civic course. Allowing for the far-reaching developments to come in logic in the thirteenth and fourteenth centuries, and the more restricted development in grammar and rhetoric, it can be said that the main components of the subject of the trivium were in place by the middle of the twelfth century with little further outside addition and that they entered the curriculum of the arts faculty at the beginning of the thirteenth century largely in that form. That can also be said of music as an academic subject, for which Boethius's treatise on music (De musica) and the passage on music in Martianus Capella were the main sources.14 THE IMPACT OF THE TRANSLATIONS

The translations, which were to transform the arts course in the thirteenth century, began in the tenth century in Spain, from where Gerbert of Aurillac, the future Pope Sylvester II (999-1003), who had studied earlier in Catalonia, 14

T. C. Karp, 'Music', with bibliography, in Wagner (ed.), Seven Liberal Arts (note 6), 169-217.

316

The trivium and the three philosophies almost certainly gained his knowledge of Arabic numerals and astronomy, which he was among the first to employ in the medieval West.15 Spain, however, only became the main source for Arabic texts after the reconquest from the Muslims in the twelfth century. The other main areas were southern Italy, especially Monte Cassino and Salerno, the meeting point of Arabic, Greek, and Latin culture, where the first translations of Arabic and Greek medical texts, including those of Galen, were made; Sicily; and Constantinople. Broadly speaking, Spain was the main source of the translations from the Arabic, Constantinople and Italy of the Greek texts, and Sicily of both Arabic and Greek. Contrary to earlier long-held belief, the chronological sequence of the translations was not from Arabic to Greek; they proceeded concurrently; and, in the case of those of Aristotle's works, 16 the earliest translations were by James of Venice, between c. 1125 and 1150, direct from the Greek. They included the new logic, the Physics, the Soul, part of the Metaphysics (to book IV, chapter 4), and a number of the smaller biological treatises. Other works of Aristotle taken from the Greek, in the twelfth century, included an almost complete translation of the Metaphysics (except for book XI), which remained unknown until the middle of the thirteenth century, the Generation and Corruption, books II and III of the Nicomachean Ethics (the only one of Aristotle's two works on ethics known, apart from a single chapter from the Eudemian Ethics in a compilation called De bona fortuna, translated in the thirteenth century), and new translations of some of the works translated by James. In Spain, somewhat later during the twelfth century, Gerard of Cremona, the century's most prolific translator from the Arabic, before 1187 also translated the Posterior Analytics, Physics, and Generation and Corruption, the only translations of new texts of Aristotle being his Meteors and The Heavens, which were also the only ones to circulate widely. By the later twelfth century, then, the main body of Aristotle's works had been translated into Latin, the majority of them from Greek. Of the remainder still untranslated, the Ethics was translated in full by Robert Grosseteste around 1246 and 1247, and re-done, in a revised version of Grosseteste, between 1250 and 1260, perhaps by William of Moerbeke, who was responsible for revised translations of virtually all Aristotle's works from the Greek in the middle decades of the thirteenth century. He also translated for the first time the Politics in about 1260 and the Poetics in 1278. The former was of the first importance for subsequent political theory; the latter 15

16

The pioneering studies are by C. H. Haskins, Studies in Mediaeval Science (Cambridge, Mass., 1924; 2nd edn, 1927; reprint, New York, i960); C. H. Haskins, The Renaissance of the Twelfth Century (Cambridge, Mass, 1927; reprint, New York, 1957), 278-302. The most recent authoritative revision is by M.T. d'Alverny, 'Translations and Translators', in Renaissance and Renewal, 421—62. For the Arabian contribution: G. Beaujouan, 'The Transformation of the Quadrivium', in Renaissance and Renewal, 463—8. For a comprehensive survey: Dod, 'Aristoteles Latinus' (note 10), 45-79.

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Gordon Leff had to wait until the fifteenth century to take effect. Hardly less significant were his translations of some of Aristotle's early Greek commentators, Simplicius of Cilicia on the Categories, John Philoponus and Themistius, both on the Soul, but perhaps most important of all, Proclus' Elements of Theology, a reworked epitome of which had been taken by Gerard of Cremona from the Arabic in the twelfth century, becoming generally known in the thirteenth century as the Book of Causes. In the first half of the century this work was generally attributed to Aristotle and entered the prescribed books for the arts faculty at Paris. Numerous commentaries were made on it during the thirteenth century, including that of Thomas Aquinas, who identified its true derivation from William of Moerbeke's translation, and that of Siger of Brabant, the main protagonist of philosophical autonomy in the arts faculty at Paris, and for a time Aquinas's opponent. The full ramifications of the influence of the Book of Causes, including its influence upon Aquinas, and its role in associating Aristotle's thought with a quite alien Neoplatonism, remain to be investigated. The Book of Causes is only the most egregious example of the early association of Aristotle with non-Aristotelian works, many of them of Arabic origin and of a different intellectual cast. It must also be recognized that Aristotle's works were only one element, even if in due course a decisive element, in a much wider, heterogeneous collection of texts. They included not only a great body of non-Aristotelian science, Hippocratic and Galenic medicine, Ptolemaic and Arabic astronomy, and Arabic mathematics; they also presented the Christian West with independent philosophical systems in the writings of al-Farabi, Avicenna (Ibn Sina), Ibn Gabirol, and Maimonides, to mention only some of the most prominent, which were in varying degrees syncretisms of Platonism and Aristotelianism and thereby affected the interpretation of Aristotle's own system. The combination no doubt helps to account for the slow reception of Aristotle's ideas, particularly at Paris.17 Although his philosophical works, as opposed simply to his logical works, were being read in the arts faculty during the 1230s, the influence of Avicenna's metaphysics, cosmology, and psychology is far more apparent, especially upon those who had graduated in arts and included philosophical issues in their theological commentaries, an inclusion which became the universal practice in the thirteenth century. The influence of Averroes (Ibn Rushd), Aristotle's commentator par excellence, is even more apparent, especially in relation to the arts faculty at Paris in the 1260s and 1270s. Many of his series of commentaries on Aristotle's works were translated, probably by Michael Scot, in Sicily in the 1220s and 1230s, often, as in the case of Aristotle's Metaphysics, with an accompanying translation of the text which was being commented on. Averroes' 17

For the main stages: F. van Steenberghen, Aristotle in the West (Louvain, 1955).

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The trivium and the three philosophies determination to restore the true Aristotle from what he castigated as the misrepresentations of his predecessors, especially Avicenna, merely presented those at the receiving end in the West with one more Arabic version of Aristotle, interpreted in terms of Arabic philosophy. It could be accepted as authoritative, as it was for the greater part of Aristotle's philosophy in the later thirteenth and fourteenth centuries, because of the mastery and completeness of Averroes' treatment, which had no parallel among Latin commentators, certainly not before the second half of the thirteenth century. Or it could be rejected for its non-Christian implications, which is what happened in the condemnations at Paris, in the 1270s, of purported doctrines being taught in the arts faculty, and applied to Greek and Arabic philosophy generally as it had come through the translations. But that was only one extreme - and theologically directed - response to them; and, for all the importance attached to it at the time, it involved only a minority. The greater part of the new complex of knowledge and philosophical concepts was gradually assimilated into the arts; and that occurred principally in the arts faculties at Paris and Oxford, to which we must now turn. THE PERIOD OF ASSIMILATION (THIRTEENTH CENTURY)

The history of the arts faculty in the thirteenth century is largely that of the gradual broadening of the curriculum and the range of studies and writings to accommodate the new knowledge.18 The gradual absorption of Aristotle's philosophy and its differentiation from that of his Arabian accompaniments, including some of the pseudo-Aristotelian writings, like the Book of Causes, was only one part of that process, which extended to the whole range of non-Aristotelian science. What Aristotle did was to provide a common theoretical framework in a common vocabulary, the notion of a science as an organized body of knowledge with its own defining principles and conclusions, and a comprehensive natural philosophy and cosmology based upon a metaphysics of form and matter, producing a qualitative non-mathematical conception of being, which, to the detriment of the subsequent development of the natural sciences, displaced the predominantly Platonist Timaean cosmology of the twelfth century based upon quantity. At the same time Aristotle supplied the substantive knowledge to go with that framework for each of the recognized branches of knowledge. One individual could hardly do more; and, once encountered, his influence upon the intellectual life of the high and later Middle Ages became as pervasive as it had been in Islam. Even so, much remained effectively outside it, including the very subjects of the quadrivium, to say nothing of medicine, while, as we have seen, of the trivium, grammar and rhetoric derived from other sources, and logic in its 18

E. Gilson, History of Christian Philosophy in the Middle Ages (London, 1955), especially 25off. 319

Gordon Leff most formative aspects followed an independent development that owed much to Stoic and other non-Aristotelian influences, such as that of Porphyry transmitted through Boethius.19 In approaching the arts faculty we must accordingly distinguish between official responses to the new knowledge, in the reactions of the ecclesiastical authorities and in the prescribed subjects of the curriculum, on the one hand, and what was actually being studied and written, on the other hand. The distinction applies particularly to Paris as the main confluence of arts and theology. The first of a series of official reactions there to the new knowledge was at the Council of Sens in 1210, which, among other things, banned the public and private lecturing on Aristotle's works of natural philosophy and, probably with Avicenna in mind, the commentaries on them.20 The ban was repeated in 1215 by the papal legate, Robert of Courson, in his regulations for the arts faculty, which will be considered presently.21 It was again renewed in 122822 and in 123123 by Pope Gregory IX, but on the latter occasion pending the examination and purging of all the errors from the books so that they could be studied without delay. Whether or not that was taken as the signal for studying them, the first evidence of their study in the arts course at Paris comes from around that time in an anonymous student guide to the examination questions and books to be read in logic, grammar, and ethics in descending order of importance, with logic by far the most important. 24 But it also briefly included, as non-examination subjects, metaphysics and natural philosophy; and there the books mentioned were Aristotle's Metaphysics, with the Book of Causes as its third part, Physics and other works on natural philosophy, the first three books of his Ethics, Euclid's Elements, and Ptolemy's Almagest, all part of the new accessions to the arts, together with Boethius's Consolation of Philosophy and the Timaeus representing the older practical and natural philosophies. It also contained a general introduction to philosophy classified according to Boethius's divisions into rational, natural, and moral, which, although not new, may have indicated an awareness of the need for a broader scheme to accommodate the new developments. Whether one chooses to interpret this brief excursus into natural philosophy as a sign of its insignificance at Paris in the 1230s or as denoting that it had gained a foothold there, the guide undeniably shows that it was being read and studied. Corroboration is to be found in the writings of the masters 19 20 21 23 24

Examples in Ebbesen, 'Ancient Scholastic Logic' (note 8), 124-7. CUP, vol. I, 70, n o . 11. 22 CUP, vol. I, 78, n o . 20. CUP, vol. I, 114-15, n o . 59. CUP, vol. I, 136-9, n o . 79. Described in M . G r a b m a n n , Mittelalterliches Geistesleben, vol. II (Munich, 1936), 183—99. A parallel case for Oxford a century later is to be found in the early fourteenth-century catalogue of philosophical texts in Merton College library, which has eighty-five entries, going far beyond the number of books prescribed by the arts faculty. J. Fletcher, 'The Faculty of Arts', in History of Oxford, 376; P. Kibre, 'The "Quadrivium" in the Thirteenth Century Universities', in P. Kibre, Studies in Medieval Science (London, 1984), 175-91. 320

The trivium and the three philosophies in the faculty of theology, William of Auxerre, Philip the Chancellor, and William of Auvergne, at the same period; they all refer to some of Aristotle's works of natural philosophy as well as, and in the case of William of Auvergne's extensively, to Avicenna. That inclusion of philosophy in works of theology is a feature of both Oxford and Paris. The secular masters of theology, who were not members of a religious order, learned their philosophy in the arts faculty. The theological commentaries on the Sentences, as one of the two main components of the theological course, became the main repository of metaphysics and moral philosophy; hence the very close involvement of the theological faculty in arts, above all at Paris. That involvement is apparent in the patterns of bans and proscriptions set by the Council at Sens in 1210, which was presided over by Peter of Corbeil, who had been a master at Paris in the faculties of theology and canon law in the last decade of the twelfth century. Successive former masters in theology continued in that role, notably Stephen Tempier, who, as bishop of Paris, was responsible for the later condemnations of heterodox propositions in 1270 and 1277, an action repeated on a smaller scale at Oxford, in 1277 by Robert Kilwardby and John Pecham, in 1284, previous members of the theological faculty there and at Paris, in their capacity as archbishops at Canterbury. Yet it has to be recognized that the bans of 1210, 1215, 1228, and 1231 applied only to Paris; the public study of Aristotle and the other new texts was uninterrupted at Oxford; and at Toulouse, founded in 1229 by Gregory IX, such study was actively canvassed as one of its attractions.25 The beginnings of the study of these texts at Paris and Oxford and of the arts generally before the middle of the thirteenth century are obscure. In the first regulations of Robert of Courson for Paris in 1215 the prescribed texts were confined to the old and new logic and all of Priscian for grammar, with Donatus's third book deemed optional; the unspecified quadrivial subjects (the only time that the term was used at Paris) were, as already said, reserved for holidays, when there was no other teaching or disputing, together with the fourth book of Boethius's Topics and the known part of the Ethics of Aristotle. Taken in conjunction with the renewal of the ban on the study of natural philosophy, the narrow range and conservative nature of the first formal curriculum probably reflects the still inchoate state of the new knowledge at Paris, as at Oxford, in the early years of the thirteenth century. Officially that remained true of the next extant syllabus, that of the English-German nation at Paris in 1252;26 the only addition was that of Aristotle's treatise on the Soul {De anima). Too much weight should not be put on its appearance, since by then the more or less full complement of the works of natural philosophy was known and being read. Nevertheless, De anima was probably the single most important source of the disputes between 25

CUP, vol. I, 129-31, no. 72.

26

CUP, vol. I, 227-8, no. 201. 321

Gordon Leff the theologians and the philosophers in the arts faculty during the 1260s and 1270s, culminating in the condemnations of 1270 and 1277, because it was from Averroes' 'Great [i.e. line by line] Commentary' on its text that the issue of one intellect for all mankind, perhaps the most burning issue of all, arose. The official change at Paris came three years later in 1255 with the new curriculum promulgated for the whole arts faculty by the masters of arts, as part of a general reform of the syllabus designed to remedy overhasty reading of the texts leading to inadequate preparation. 27 Virtually all Aristotle's main works on natural philosophy, together with his metaphysics and a number of pseudo-Aristotelian writings, among them the Book of Causes, were now included among the set books, and their study was now integrated into a strict timetable, which, even if it only permitted a few weeks' acquaintance, marked the final acceptance of the new knowledge at Paris. In contrast, rhetoric was confined, as it had been in the first statutes of Courson, to Boethius's Topics, but now the first three books instead of only the fourth book. From the second half of the thirteenth century the study of Aristotle emerged from obscurity and the number of texts multiplied. That is also true of Oxford, where there was none of the inhibiting effect of the bans on natural philosophy at Paris. The earliest surviving syllabus of texts, from 1268, displays a comparable position, with a corresponding paucity of identifiable works on Aristotelian philosophy or references to them in the first part of the thirteenth century. The best known are a commentary on De anima by John Blund, who was a master of arts, first at Paris in about 1205 and then at Oxford between 1207 and 1209, which also draws upon the Arabic writings of Algazel (al Ghazali) and Avicenna, and above all Robert Grosseteste's commentary on the Posterior Analytics, containing Grosseteste's theory of scientific demonstration.28 Together with his other works on light and optics, it helped to inaugurate a mathematically inspired scientific tradition at Oxford which reached its fullest development in the fourteenth century. Among Grosseteste's polymathic activities, which, as already mentioned, included the first complete translation of Aristotle's Nicomachean Ethics, he also wrote biblical and theological works which were closer to the exegetical spirit of the twelfth century than to the emerging speculative attitude of the thirteenth century.29 That spirit extended to the liberal arts, which Grosseteste still saw as the attendants to natural and moral philosophy. It was maintained by Grosseteste's pupils, especially Roger Bacon, who went further than Grosseteste, and almost all of his contemporaries, in giving mathematics primacy over logic as the condition of all knowledge as well as theological understanding.30 27 28 29 30

CUP, vol. I, 277-8, no. 246. A. C. Crombie, Robert Grosseteste and the Origins of Experimental Science (Oxford, 1953). J. McEvoy, The Philosophy of Robert Grosseteste (Oxford, 1982). Kibre, ' " Q u a d r i v i u m " ' (note 24), 177-9. 322

The trivium and the three philosophies The unbroken line running through the thirteenth century from Grosseteste, as first teacher to the Franciscans at Oxford as well as probably the first chancellor of the university in 1214, to Bacon, who lived into its last decade, helped to imbue Oxford with its distinctive approach to the natural sciences, extending to all the subjects of the old quadrivium as well as to physics and cosmology. Correspondingly the emphasis in logic was more upon the contextual meaning of terms, for what they signified, than upon their purely formal features, which were the focus of concentration at Paris, in keeping with the more abstract, speculative character of the arts there.31 While logic was always the dominant pursuit in the arts faculty generally, at Oxford its main accompaniment was natural philosophy, in its wider associations with mathematics and astronomy, rather than moral philosophy, psychology, and metaphysics, which were more strongly represented at Paris. Those differences are hinted at in the official curricula of the two universities. At Paris, the only existing reference to mathematics and astronomy before 1350 is contained in the regulations on the oaths to be taken in the Anglo-German nation. Neither the set books on mathematics, nor the mathematics to be studied is specified; and the book on astronomy, John of Sacrobosco's Sphere, which is named, can be dispensed with if a hundred hours of lectures on mathematics have been heard. 32 They were therefore treated as alternatives. At Oxford there is no mention of Aristotle's Metaphysics before 1407.33 On the other hand, there is very much more on mathematics and astronomy before 1350. John of Sacrobosco's three treatises, Euclid's Elements for geometry, and Boethius's Arithmetic, in addition to Aristotle's works, which now included the Politics, and the other standard authorities, like Donatus and Priscian, are specified in the regulations of 1340.34 By 1431, almost a century later, Ptolemy's work, now usually known as the Almagest, and the anonymous thirteenth-century exposition of planetary theory, the Theorica planetarum,35 as well as the treatises on optics by Alhazen (Ibn al-Haitham), whose work was translated from the Arabic in the twelfth century, and Witelo, the thirteenth-century Polish scientist, had been added.36 Witelo's name is especially instructive in pointing to a distinctive Oxford scientific tradition, since he was a direct continuator of the investigations of Grosseteste and Bacon into the properties and effects of light. 31

32 33 34 35

36

See the respective chapters o n science a n d logic at Oxford in the thirteenth century by J. A. Weisheipl a n d O . Lewry in History of Oxford. CUP, vol. II, 678, n o . 1185. S. Gibson (ed.), Statuta Antiqua Universitatis Oxoniensis (Oxford, 1931), 193. Gibson (ed.), Statuta (note 33), 33—4. For an account of the development of astronomy during the M i d d l e Ages: O . Pedersen, ' T h e Corpus Astronomicum and the Traditions of Medieval Latin Astronomy', Colloquia Copernicana, 3 (1975), 57~96. Gibson (ed.), Statuta (note 33), 234-5.

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Gordon Leff The statutes do not, however, reveal anything of that tradition, as they do not of the different emphases at Paris or of the developments in the different branches of the arts, for they were directed to the official requirements of the course; they were therefore concerned only with the teaching and study of those texts needed to qualify for admission to the degrees of bachelor and master. They accordingly represented the official minimum, which, as we have seen from the anonymous guide to the subjects of the arts faculty at Paris, was far from being the full range.37 To mention only the examples of Euclid's Elements and Ptolemy's Almagest, among the works named there, they had still not officially appeared at Paris in the century and two centuries respectively which it took for them to appear officially at Oxford. None the less, the regulations themselves do sometimes indicate the existence of additional texts, either as optional, like Boethius's Consolation ofPhilosophy in those same statutes of the English-German nation at Paris, or as alternatives, like a hundred hours of lectures on mathematics and Sacrobosco's Sphere. At Oxford provision was made for those who had not participated in the requisite disputations to spend extra time hearing further lectures.38 Above all, however, there were the indigenous products of the arts faculty, the great mass of textbooks, treatises, commentaries, and disputed questions which arose from the arts course itself at every level and mostly remain unedited in thousands of manuscripts. They turned from a trickle in the earlier part of the thirteenth century into an unbroken stream by the end of it, continuing into the fifteenth century. They were at once the means of assimilating the new Graeco-Arabic corpus which came with translations and the means of providing the diverse responses to it. They thereby largely shaped the subsequent development of the arts, as their counterparts in the higher faculties shaped their subjects, in being the vehicle for studying and interpreting them. Since the arts faculty was predominantly the faculty of the absolute beginners, a high proportion of its output was of the most elementary nature, particularly in logic, in the quadrivial subjects, and in natural philosophy, its main foci, in which the great majority of entrants would have had no previous grounding. But they were also the point of departure for the most advanced works, which became increasingly formative as well as numerous in the second part of the thirteenth century and reached their fullest development in the fourteenth century. An outstanding illustration of that progression is to be seen in the role played in astronomy and mathematics by the works of Sacrobosco and similar elementary texts with which they were usually associated in the curriculum. There was a comparable evolution in the other disciplines, even if not so clear-cut as it was in astronomy, which, unlike logic, was a minority subject; and its newly acquired mathematical character demarcated it from cosmo37 38

A. C. Crombie, Medieval and Early Modern Gibson, (ed.), Statuta (note 33), 26, 34.

Science, vol. I, (New York, 1959), 99—111.

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The trivium and the three philosophies logy, governed by Aristotle's physics, on which everyone could have an opinion without having a knowledge of mathematics. What the main disciplines all had in common was the gradual formation of an established body of texts and authorities, and the growth of a repertory of topics and doctrines with their divergent interpretations and schools, not only within universities but between them, as we have already noticed in the case of Paris and Oxford. Among the two universities' divergences were significantly different attitudes towards non-Aristotelian knowledge, which can be seen from their contrasting responses to Sacrobosco and Grosseteste. At Paris, Sacrobosco's name is not to be found officially among the prevailing Aristotelian texts which were promulgated in the arts faculty by 1250, and his influence belonged as much outside Paris as within it; at Oxford Grosseteste's name and influence were pre-eminent both in his own lifetime and especially beyond it through the distinctive scientific tradition which he inaugurated. It was from such diverse responses, individual and collective, that the arts, as the other branches of knowledge, evolved. THE COURSE OF STUDIES

This evolution was connected with the very structure of the course of studies within the faculty. Its two main components were the degrees of bachelor and master, each with its own separate requirements. There is no evidence of any formal requirement for entry into an arts faculty, beyond presumably evidence of elementary proficiency in Latin and some grasp of numeracy in order to be able to cope with the course. At Paris the minimum age for graduation as a master was fixed at twenty years by Robert of Courson's statutes of 1215, a provision repeated in the 1252 regulations of the AngloGerman nation; and the prescribed length of the course was six years with a minimum age of fourteen or fifteen for admission. That probably remained fairly constant, but the length of the course could vary according to individual circumstances, leading to the subtraction or addition of a year. At Oxford the standard length seems normally to have been seven years, and remained so throughout the Middle Ages, while almost everywhere else the tendency was for the length of the course to decrease. At Paris the first official provisions for the bachelor's degree are contained in the English—German nation's regulations for 1252.39 Those of Oxford date from not long afterwards,40 although the distinction between master and bachelor antedates them and can already be identified in Robert of Courson's Paris statutes of 1215.41 At both universities the status of bachelor was reached after four years of study, the first two spent listening to lectures 39 41

CUP, vol. I, 227—32, nos. 201, 202. 4° Gibson (ed.), Statuta (note 33), 25. G. Leff, Paris and Oxford Universities in the Thirteenth and Fourteenth Centuries (New York, 1968), 147.

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Gordon Leff and attending disputations and the next two also participating in disputations under the supervision of a master, with whom the student had to enrol for the arts course and in whose house he might live, in contrast to the student universities of Italy where the masters had their own separate existence as members of their own college or guild. Lectures and disputations were the two official modes of instruction and training, although there were also unofficial ones, such as revision classes and private tuition, and probably increasingly formal ones in the halls and colleges during the later Middle Ages.42 Lectures in the arts faculty, as in the other faculties, were all on prescribed texts. They were divided into masters' lectures (ordinary lectures) and bachelors' lectures (cursory lectures). Ordinary lectures were more detailed and analytical. They involved the master first reading the text to be lectured on and explaining it, then considering any noteworthy points, and finally, if necessary, raising any questions which arose from it without digressing from the text.43 Cursory lectures were closer to paraphrases to supplement the ordinary lectures (which were always given at set times in the morning) and were part of the bachelors' own training as apprentice masters; they might also be given by masters, as extraordinary lectures, as a means of extending the range of texts. There were correspondingly masters' and bachelors' disputations, in which set questions were debated, and objections and replies presented by successive opponents and respondents, ending with a final resolution or determination, which always seems to have been the prerogative of masters, except during the bachelors' period of determining or disputing during Lent. The disputations themselves were of two kinds, on logic and on mathematical subjects or those taken from the three philosophies, the branches of real knowledge as opposed to knowledge of signs; but in practice, especially at Oxford, they tended to be on natural philosophy. At Paris and Oxford, students for the bachelor's degree, in addition to having to hear the ordinary lectures of their own masters daily, had also to attend his weekly disputations, and after about two years to engage in disputations themselves. At both universities that included the obligation to respond to objections in logical disputations and to what was called the question. In the statutes of the English-German nation the first was to be for two years and the second for one year; at Oxford a full year had to be taken over logical disputations before 'responding to the question' - responsion - could begin; hence they could not run concurrently, as it seems they could at Paris, where there was no such stipulation. But at Oxford, on the other hand, the 42 43

Fletcher, 'Faculty of Arts' (note 24), 378. Gibson, (ed.)> Statuta (note 33), 236, gives a later description dating from 1431, a n d , more briefly, 192, dating from 1407 or before.

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The trivium and the three philosophies need to respond in logical disputations could also be obviated by spending longer time listening to lectures, including those on the Posterior Analytics.44 There could, however, be no dispensation from responding to the question, which had to be reached by a certain time (which varied at different periods) in order to qualify for admission to determine. The precise nature and status of responding to the question remain a matter of dispute. At Oxford responding to the question carried with it the title of questionist, as that of sophister was given to those responding in logic in their third year, and so would normally describe undergraduate students in their fourth and final year.45 It may have involved disputing with bachelors during their determination exercises at Oxford; and at Paris it ran from Lent to Lent, when determination occurred; it also, a little later, entailed responding publicly there in a master's disputation before Christmas in order to be admitted to determine in the following Lent.46 At the same time responsion had its own ceremony of admission at Oxford, with the swearing of oaths and payment of fees which accompanied the conferment of all degrees. But whether that constituted a separate status47 or represented the granting of bachelor status48 is less clear. What is apparent is that responding to the question acted as a preliminary examination for admission to determine, and that those admitted were regarded as bachelors when they determined, having thereby been granted their application to lecture on some book of the arts faculty, one of the main functions of a bachelor. Moreover, at Oxford they appear to have exercised that function during determination.49 Admission at Oxford to determine was decided by four regent masters, appointed by the faculty of arts, immediately before the beginning of Lent; it marked the point of entry into the second and higher part of the course, of preparation for the master's degree. The candidates had to swear that they had attended all the prescribed lectures and disputations and engaged in the necessary exercises, including responsion, supported by the testimonies of masters and bachelors, with any extenuating circumstances taken into account. Those accepted then had to dispute daily in logic during the afternoons of Lent, except on Fridays, which were reserved for grammar. The disputations formed a preparation for the mastership and were only taken by a minority who stayed on in the arts faculty after the completion of the first part of the course; for, as their name indicates, the determiners were exercising the masters' role of determining or resolving the questions being disputed, which also involved putting the initial objections to the question, to which the respondent - another bachelor or student - replied. After completing determination in his fifth year the bachelor spent the 44 46 47 49

45 Gibson (ed.), Statuta (note 33), 26. Gibson (ed.), Statuta (note 33), lxxxix. Rashdall, Universities, vol. I, n o . 4, 452, citing CUP, vol. I, 530-2, n o . 461. 48 Gibson (ed.), Statuta (note 33), lxxxix. Fletcher, 'Faculty of Arts' (note 24), 380-1. Gibson (ed.), Statuta Antiqua (note 33), 28.

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Gordon Leff remainder of that year and the next two years taking part in masters' and bachelors' disputations as well as lecturing cursorily in the afternoons on set texts assigned by his master, two of logic and one of natural philosophy selected from Aristotle's books on nature. The disputations were correspondingly on logic and natural philosophy, and, although there is also a reference in the Oxford statutes to free - quodlibetal - questions,50 no traces of any have yet been found, in contrast to the faculty of theology, where they form a separate literature. At the end of seven years - or eight for those who had not determined - the bachelor could be presented by his master to the chancellor for a licence to incept for the mastership. That initiated a much more elaborate series of depositions by a much greater number of regent masters concerning the candidate's fitness in morals and learning, as well as requiring the performance of tests by him; in addition to the statutory payments and oaths that he had completed all the necessary parts of the course, which included having lectured cursorily, he had also to undertake that he would give ordinary lectures in the faculty of arts and hold disputations for the following two years (necessary regency), a provision peculiar to the arts faculty because of its far greater numbers and the transience of its membership. The successful candidate then received the licence to incept and had formally to be admitted as a master at the ceremony of inception, to which he personally invited all the regent masters. It was in two stages. The first was at vespers on a day when lectures could be held and consisted of a solemn disputation at which the candidate master had the usual part of respondent to the presiding master. The second stage was on the following day, when the candidate was invested with the insignia of his office and exercised his new status, first by delivering a short inaugural lecture (principium) and then by presiding at a disputation, when two questions were debated, putting the questions and raising the objections in each, and finally determining them.51 He had thereby performed his first magisterial acts of lecturing and disputing. He then entered into his role as a full member of the arts faculty. LATE MEDIEVAL DEVELOPMENTS

The products of the arts faculty reflected its logical and physical emphases as the principal sources of its commentaries, questions, and treatises. Logic was always predominant, but in the fourteenth and fifteenth centuries natural philosophy became increasingly prominent. For both subjects thefirsttwothirds of the fourteenth century were the culmination of their medieval devel50 51

Gibson (ed.), Statuta, 32. J. A. Weisheipl, ' T h e Curriculum of the Faculty of Arts at Oxford in the Early Fourteenth Century', Mediaeval Studies, 26 (1964), 164-5; s e e ^so J- A. Weisheipl, 'Developments in the Arts Curriculum at Oxford in the Early Fourteenth Century', Mediaeval Studies, 28 (1966),

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The trivium and the three philosophies opment; and in each case the direction was from Oxford to Paris, in contrast to the other main activity of speculative grammar, in which progress largely ceased after 1300, although its influence remained strong at Paris for another fifty years. In logic the range of topics extended from the earlier indigenous ones of paradoxes, properties of terms, and syncategorematic terms, often combined, to the more recent ones of obligations and consequences (conditional propositions), together with the assimilation of Aristotle's new logic, of syllogisms, demonstrations, and fallacies, the last of which, with modal propositions and future contingents (principally in connection with the theological problem of God's knowledge), received growing attention in the fourteenth and fifteenth centuries. These different areas were both treated separately and incorporated into more general works on logic, usually to serve as introductions and textbooks, such as those by William of Sherwood and Petrus Hispanus (Pope John XXI), the author of the most popular textbook on logic in the Middle Ages, in the thirteenth century, and very differently nearly a century later by William of Ockham and Walter of Burley. The contrast between them indicates how far the earlier indigenous logic of terms, as the main non-Aristotelian component in the thirteenth-century compendia, had been taken beyond Aristotle and expanded to include propositions by the first part of the fourteenth century.52 There was a comparable indigenous evolution in natural philosophy, initially at Oxford, in the first half of the fourteenth century, which was a continuation of the mathematical and scientific tradition of Grosseteste and his pupils. It was associated with the so-called Oxford calculators, mainly at Merton College, in the second and third quarters of the fourteenth century. They had their beginning in the Treatise on Proportions, by Thomas Bradwardine, who attempted to develop Aristotle's idea of the velocity of a moving body as proportional to the moving force, and inversely proportional to the resistance of the median, by means of a new mathematical technique. Bradwardine's example inspired the Mertonians to formulate mathematical rules for the different kinds of motion and changes in the speeds of moving bodies,53 and also to measure the alterations in the degrees of intensity of physical qualities, such as heat or cold in bodies, and the first and last instances in which they occurred. As with developments in logic, they took their point of departure from Aristotle's definitions, here principally contained in his Physics, and for the first time gave his qualitative explanations a quantitative formulation. For this purpose a graphical method was invented by Nicholas of Oresme at Paris in the 1350s, as the outstanding member of a comparable group of logicians and natural scientists in the arts faculty there, between the 1340s and the 1360s, who utilized most of the concepts of the 52

53

For those developments: Kretzmann, Kenny, and Pinborg (eds.), Cambridge Medieval sophy (note 8), parts IV a n d V. M . Clagett, The Science of Mechanics in the Middle Ages (Madison, 1961).

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Philo-

Gordon Leff Oxford calculators. Their founder, John Buridan, a leading figure in the arts faculty for over thirty years, from the 1320s to at least the end of 1350s, was among the first to employ the terminist logic of the Oxford logicians, to which he made important contributions; he also, in his theory of impetus, gave a lasting definition to the recently revived explanation of violent or projectile motion as due to an impressed force, and not, as Aristotle held, to the air through which it passed - a notion adopted with modifications by Nicholas of Oresme and his contemporaries at Paris. The Mertonians and Parisians together created a set of mathematical tools and mechanical terms, some of which were later employed by Galileo and his contemporaries in the sixteenth century. Although still bound by Aristotle's qualitative classifications, their medieval predecessors took the first steps towards a physics founded on measurement and calculation, even if they lacked empirical application. During the fourteenth and fifteenth centuries their influence both as logicians and as natural philosophers spread through the arts faculties of Italy and Spain and also the new foundations of northern Europe, to which some of the most prominent members of the arts faculty went, among them Albert of Saxony and Marsilius of Inghen, as the first rectors of Vienna and Heidelberg. In addition to their separate treatises, questions, and commentaries on logic and natural philosophy, one of the most common forms which their logical and calculatory activities took was as sophismata, independent logical questions on some problematic statement or paradox, usually containing a syncategorematic term such as 'besides' or 'begin' or 'end', which could be treated both logically and mathematically.54 As the subject of logical disputations in which all undergraduates had to engage, their freedom from any set texts made sophismata the most universal means of debating physical problems, such as the first and last instants of change in physical qualities, like heat or cold or colour. The vast output of sophismata literature provides probably the fullest record of the main intellectual and academic trends in the arts faculties of the last two centuries of the Middle Ages, a source which had only begun to be investigated. But they remained predominantly logical questions.55 As often the work of mature scholars - such as The Rules for solving sophismata by William of Heytesbury, one of the Mertonians, written in about 1335 for first-year students in logic - they point to another feature of the arts faculty in the later Middle Ages: the tendency to make a career in arts, even though those who did so, as for example William of Heytesbury and Nicholas of Oresme, had frequently graduated in theology. The ability to continue to pursue the arts - although in no way unprecedented in the earlier 54

55

N . Kretzmann, 'Syncategoremata, exponibilia, sophismata', in Kretzmann, Kenny, a n d Pinborg (eds.), Cambridge Medieval Philosophy (note 8), 2 1 1 - 5 3 . E. D . Sylla, ' T h e Oxford Calculators', in Kretzmann, Kenny, and Pinborg (eds.), Cambridge Medieval Philosophy (note 8), 540-63.

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The trivium and the three philosophies centuries — probably owed something to the establishment of autonomous colleges at Paris, Oxford, and Cambridge; at the two English universities certain colleges, such as Merton, New College, and King's, made provision for the study of arts. In Italy in the fourteenth and fifteenth centuries the arts became incorporated into the educational programme of the humanists, extending northwards to Paris and Cambridge and other universities at the end of the fifteenth and the beginning of the sixteenth century. Beyond the particular developments in logic and natural philosophy, there were the wider doctrinal and philosophical issues with which they were connected. Here, too, there was a discernible change in the first third of the fourteenth century, again coming initially from Oxford or from individuals associated with it, and reaching Paris during the 1330s. Although, however, the main areas-metaphysics, moral philosophy, cosmology, psychology, epistemology - belonged to the arts, their treatment was not confined to the arts faculty in virtue of their close connection with theology. Not only were they the inseparable constituents of any theological outlook, included in the commentaries on the Sentences, the standard theological textbook in the theological faculty (see chapter 13, 'The faculty of theology'), as well as in numerous other kinds of works; theologians, especially me