Part 17

Scholars shall not be required to pay the tolloneum (i.e. taxes on imports, collected at the city gates). (1262.)

2. A generation preceding the date of these statutes a large part of the university, dissatisfied with its treatment at Padua, migrated to Vercelli, more than one hundred and fifty miles away. The contract (1228 A.D.) between the rectors of the university and the proctors representing the town contains numerous privileges, among which are the following:

Likewise the aforesaid proctors have promised in the name of the town of Vercelli that the town will loan to the scholars, and to the university of scholars, the sum of ten thousand pounds, papal money, at the rate of two pence for two years, and thereafter three pence for six years [under proper security. The customary rate seems to have been four pence.] ... Likewise, when a scholar shall have paid the money loaned to him, the town of Vercelli will retain that amount in the common treasury as principal, and from it will help some other needy scholar under the same agreement and similar conditions. ... Likewise, the town of Vercelli will not allow provisions within the town limits to be withdrawn from their markets [in order to raise the price?] but will cause them to be delivered in the city in good faith, and will cause them to be put on sale twice a week.... [Also one thousand bushels of grain shall be put in the city granary and sold to scholars at cost in time of need.] ... Likewise the town of Vercelli shall provide salaries [for professors] which shall be deemed competent by two scholars and two townsmen, and if they disagree the Bishop shall decide the matter ... and said salaries shall be for one Theologian, three Masters of Laws, two Decretists, two Decretalists, two teachers of Natural Philosophy, two Logicians, and two Grammarians. [These professors shall be chosen by the rectors of the university. The town will send out at its own expense] trustworthy messengers under oath, who shall in good faith, and in the interests of the university of Vercelli, seek out the chosen Masters and Teachers, and shall use their best endeavors to bind them to lecture in the city of Vercelli. [The town will preserve peace within its borders, will consider scholars and their messengers neutral in time of war, will grant them the rights of citizens, and will respect the legal jurisdiction of the rectors, except in criminal and other specially mentioned cases.]

Likewise, the town of Vercelli will provide two copyists, through whom it will undertake to furnish men able to supply to the scholars copies in both kinds of Law [Civil and Canon] and in Theology, which shall be satisfactory and accurate both in text and in glosses, and the students shall pay for their copies [no extortionate prices but] a rate based on the estimate of the rectors [of the university].

... Likewise, the scholars or their representatives shall not pay the tributes in the district of Vercelli which belong and accrue to the town of Vercelli.... The Podesta [Chief Magistrate] and the town itself shall be bound to send, throughout the cities of Italy and elsewhere, (as shall seem expedient to them) notice that a university has been established at Vercelli, and to invite scholars to come to the University of Vercelli.

The whole contract was made a part of the city statutes and was to be in force for eight years.

(g) The Influence of Mediaeval Privileges on Modern Universities.

There is no question that the long series of privileges granted to mediaeval universities influences the university life of to-day. Out of many illustrations of this fact two are here cited as affecting American higher education. The reader will observe in these paragraphs from the charters of Harvard College and Brown University the familiar exemption of corporate property from taxation, and the exemption of persons connected with these institutions not only from taxes, but also from other public duties. The charter of Brown University refers explicitly to European university privileges. Both of these charters, with some amendments, are still in force.

And, further, be it ordered by this Court and the authority thereof, that all the lands, tenements, or hereditaments, houses, or revenues, within this jurisdiction, to the aforesaid President or College appertaining, not exceeding the value of five hundred pounds per annum, shall from henceforth be freed from all civil impositions, taxes, and rates; all goods to the said Corporation, or to any scholars thereof, appertaining, shall be exempted from all manner of toll, customs, and excise whatsoever; and that the said President, Fellows, and scholars, together with the servants, and other necessary officers to the said President or College appertaining, not exceeding ten,--viz. three to the President and seven to the College belonging,--shall be exempted from all personal civil offices, military exercises or services, watchings and wardings; and such of their estates, not exceeding one hundred pounds a man, shall be free from all country taxes or rates whatsoever, and none others.

And furthermore, for the greater encouragement of the Seminary of learning, and that the same may be amply endowed and enfranchised with the same privileges, dignities, and immunities enjoyed by the American colleges, and European universities, We do grant, enact, ordain, and declare, and it is hereby granted, enacted, ordained, and declared, That the College estate, the estates, persons, and families of the President and Professors, for the time being, lying, and being within the Colony, with the persons of the Tutors and students, during their residence at the College, shall be freed and exempted from all taxes, serving on juries, and menial services: And that the persons aforesaid shall be exempted from bearing arms, impresses, and military services, except in case of an invasion.

Exemption from "watchings and wardings," and from "military services, except in case of an invasion," is not included in the list of privileges cited in the preceding sections, but it was often conferred on mediaeval universities in almost the exact terms of these charters.

5. THE INITIATIVE OF CIVIL OR ECCLESIASTICAL POWERS

Many universities originated without the express initiative of any civil or ecclesiastical power. They either grew up slowly, as in the cases of Bologna and Paris, or established themselves quickly through a migration of students from some other university, as in the cases of Padua, Vercelli, and Leipzig; but in either event the charters which gave them standing as Studia Generalia, and the privileges emanating from imperial, royal, princely, or papal authorities, were granted after, rather than before, masters and students had gathered for their work. The cases in which municipalities granted privileges to migrating bodies of students, before their coming, are not included in the above statement.

In some instances, however, civil and ecclesiastical authorities took the initiative. Among other examples of universities established directly by them may be cited Naples, founded by Emperor Frederick II, 1224; Toulouse, by Pope Gregory IX, 1230, 1233; Prague, by Emperor Charles IV, 1348; Caen, by Henry VI of England, 1432. The motives which led to this action were, on the one hand, the desire of political powers for the support of learned men, especially lawyers; and, on the other, the desire of the papacy for the more effective propagation of the Catholic faith.

The political motive appears in the Letters-patent of Henry VI for Caen, 1432:

It befits Royal Highness to govern with due magnificence the peoples subject to him in times of wars and of peace, to the end that they may be defended valorously and constantly from the violence of enemies, and from wrongs offered them; and that they may be rendered tranquil and quiet through laws and active justice, by securing to each man his rights, with due regard to the common interests. For we think that this sort of justice, so excellent and advantageous, can never be practiced without the industry of men of great learning, steeped in laws, divine and human. And formerly our kingdom of France happily abounded in such men; but many kinds of evil men swarmed in, by whom, in the long process of time, the aforesaid kingdom, at one time through the disturbances of civil war, and again through deadly pestilence, and finally through the various butcheries of men, and mighty famine--Alas! the pity of it!--has now been so shaken that scarcely can a sufficient number of sound justices be found in modern times, nor can others succeed, without great difficulty and personal peril, in acquiring securely knowledge and advancement, particularly in Civil Law; whence the aforesaid kingdom, once governed with commendable justice, is subjected to greater inconveniences unless a wholesome remedy be shortly provided....

We therefore, by our special favor, royal authority and plenary power, with the advice and consent of our distinguished Uncle John, governor and regent of our aforesaid kingdom of France and Duke of Bedford, and other nobles of our race, and of many wise men of our great council, do constitute, place, establish, found, and ordain forever by these present letters, a Studium Generale in our city of Caen, in the Diocese of Bayeux [Normandy].

The king does this for the better government of the kingdom, for the reason that no university exists within his jurisdiction in France, and for the preservation of the study of law:

We therefore, who with extreme longing desire to have our already-mentioned kingdom governed with justice and equity, and restored so far as we shall be able with God's help [to restore it] to its pristine glory, [establish this university] attentively considering the fact that no Studium in Civil Law has been established in our jurisdictions in France, and in the duchies of Normandy, Burgundy, and Brittany, the counties of Champagne and Flanders, the county of Picardy, and some other parts of the kingdom itself that are united in loyalty and obedience to us. [We do this] in order that the study of Civil Laws may not disappear in the aforesaid places, to the disadvantage of the State, but [that it] may become, under God's guidance, vigorous to His glory, and the glory of our aforesaid Kingdom, and may flourish as an ornament and an advantage to future times.

The city of Caen is selected for the location of the university because of its favorable position, character, and surroundings. It is

A city, forsooth, suitable, quiet, and safe, becomingly adorned with noted monasteries, fraternities, cloisters, and homes of the Mendicant Friars and other devout religious bodies; with an overflowing population of mild-dispositioned, obedient, and devout people; [a city] fit also because of its varied supply of food and other things adapted to the needs of the human race; prosperous and well-disposed, situated on fertile soil, and near the sea, so that students, and merchants as well, can more readily and easily come together there from almost all parts of the world.

The King grants to the university--in order to establish its prestige--all the privileges granted by royal authority to any other university in France:

And, that the Doctors, Licentiates, Bachelors, students, and dependents of the aforesaid university, and their households and domestic servants, may be able the more freely and quietly to devote themselves to letters and scholastic deeds, we will, by our royal authority and plenary power, bestow upon these same Doctors, Licentiates, Bachelors, students, dependents, households, and domestic servitors, such and similar privileges, franchises, and liberties as have been granted, given, and bestowed by our predecessors the kings of France upon the rest of the universities of our kingdom.

The king grants in particular the usual privilege of a special judge for cases affecting members of the university:

And as Conservator of these [privileges] henceforth, we depute and appoint our Bailiff of Caen now in office, and his successors or whoever may hold that office; and to him we commit and consign by these present letters the hearing, determination, and final decision of cases and real actions [cases relating to conveyances of property] relating to persons and property, against all persons whatsoever who may be staying in our said Duchy of Normandy, or who may possess property there, either ecclesiastical or secular, if any action arises with regard to them, whether of offence or defence.

We command our justiciaries and officers, or those holding their places, one and all, to obey and to support efficiently the said Bailiff, the Conservator, or whoever holds his place, in the matters prescribed above, and such as are connected therewith. And that the foregoing regulations may acquire strength and firmness we have caused the present letters to be secured by the affixing of our seal.

FOOTNOTES:

UNIVERSITY EXERCISES