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READINGS IN THE HISTORY OF EDUCATION


MEDIAEVAL UNIVERSITIES


BY ARTHUR O. NORTON


_Assistant Professor of the History and Art of Teaching in Harvard
University_



CAMBRIDGE

PUBLISHED BY HARVARD UNIVERSITY

1909



PREFACE


These readings in the history of mediaeval universities are the first
installment of a series, which I have planned with the view of
illustrating, mainly from the sources, the history of modern education
in Europe and America. They are intended for use after the manner of the
source books or collections of documents which have so vastly improved
the teaching of general history in recent years. No argument is needed
as to the importance of such a collection for effective teaching of the
history of education; but I would urge that the subject requires in a
peculiar degree rich and full illustration from the sources. The life of
school, college, or university is varied, vivid, even dramatic, while we
live it; but, once it has passed, it becomes thinner and more spectral
than almost any other historical fact. Its original records are, in all
conscience, thin enough; the situation is still worse when they are
worked over at third or fourth hand, flattened out; smoothed down, and
desiccated in the pages of a modern history of education. Such histories
are of course necessary to effective teaching of the subject; but the
records alone can clothe the dry bones of fact with flesh and blood.
Only by turning back to them do we gain a sense of personal intimacy
with the past; only thus can we realize that schools and universities of
other days were not less real than those of to-day, teachers and
students of other generations not less vividly alive than we, academic
questions not less unsettled or less eagerly debated. To gain this sense
of concrete, living reality in the history of education is one of the
most important steps toward understanding the subject.

In selecting and arranging the records here presented I have had in mind
chiefly the needs of students who are taking the usual introductory
courses in the subject. Students of general history--a subject in which
more and more account is taken of culture in the broad sense of the
term--may also find them useful.

Within the necessarily limited space I have chosen to illustrate in some
detail a few aspects of the history of mediaeval universities rather
than to deal briefly with a large number of topics. Many important
matters, not here touched upon, are reserved for future treatment. Some
documents pertinent to the topics here discussed are not reproduced
because they are easily accessible elsewhere; these are mentioned in the
bibliographical note at the close of the volume.

In writing the descriptive and explanatory text I have attempted only to
indicate the general significance of the translations, and to supply
information not easily obtained, or not clearly given in the references
or text-books which, it is assumed, the student will read in connection
with this work. It would be possible to write a commentary of genuinely
mediaeval proportions on the selections here given; doubtless many of
the details would be clearer for such a commentary. Some of these are
explained by cross-references in the body of the text; in the main,
however, I have preferred to let the documents stand for their face
value to the average reader.

I have given especial attention to university studies (pp. 37-80) and
university exercises (pp. 107-134) because these important subjects are
unusually difficult for most students, and because surprisingly few
illustrations of them from the sources have been heretofore easily
accessible in English. In particular, there has not been, I believe, a
previous translation of any considerable passage from the much discussed
and much criticised mediaeval commentaries on university text-books. The
selection here given (pp. 59-75) is not intended for continuous reading;
but it will fully repay close and repeated examination. Not infrequently
single sentences of this commentary are the outcroppings of whole
volumes of mediaeval thought and controversy; indeed anyone who follows
to the end each of the lines of study suggested will have at command a
very respectable bit of knowledge concerning the intellectual life of
the middle ages. The passage requires more explanation by the teacher,
or more preliminary knowledge on the part of the student, than any other
selection in the book.

The sources from which the selections have been made are indicated in
the footnotes to the text My great indebtedness to Mr. Hastings
Rashdall's "Universities of Europe in the Middle Ages" is also there
indicated. Messrs. G.P. Putnam's Sons and Mr. Joseph McCabe generously
gave me permission to quote more extensive passages from the latter's
brilliant biography of Abelard than I finally found it possible to use.
Mr. Charles S. Moore has been my chief assistant in the preparation of
the manuscript; most of the translations not otherwise credited are due
to his careful work, but I am responsible for the version finally
adopted in numerous passages in which the interpretation depends on a
knowledge of detailed historical facts. In conclusion, I have to thank
Professor Charles H. Haskins and Professor Leo Wiener for information
which has spared me many days of research on obscure details, and
Professor Paul H. Hanus for suggestions which have contributed to the
clearness of the text.

A.O.N.




CONTENTS

                                                             PAGE
  I. INTRODUCTION                                               1

 II. THE RENAISSANCE OF THE TWELFTH CENTURY                     4

III. THE RISE OF UNIVERSITIES                                  13

     1. Teachers and Students of the Twelfth Century
        (a) Abelard                                            13
        (b) John of Salisbury                                  25
     2. The New Method                                         35
     3. The New Studies                                        37
        (a) The Works of Aristotle                             40
        (b) Roman Law                                          49
        (c) Canon Law                                          55
        (d) Theology                                           76
        (e) Medicine                                           78
        (f) Other University Text-books                        78
     4. University Privileges                                  80
        (a) Special Protection by the Sovereign                81
        (b) The Right of Trial in Special Courts               86
        (c) Exemption from Taxation                            88
        (d) The Privilege of Suspending Lectures (Cessatio)    92
        (e) The Right of Teaching Everywhere
           (Jus ubique docendi)                                96
        (f) Privileges Granted by a Municipality               98
        (g) The Influence of Mediaeval Privileges
            on Modern Universities                            101
     5. Universities Founded by the Initiative of Civil
        or Ecclesiastical Powers                              102

IV. UNIVERSITY EXERCISES                                     107

     (a) The Lecture                                          107
     (b) The Disputation                                      115
     (c) The Examination                                      124
     (d) A Day's Work in 1476                                 132
     (e) Time-table of Lectures at Leipzig, 1519              132

  V. REQUIREMENTS FOR THE DEGREES IN ARTS                     135

     1. Paris, 1254                                           136
     2. Paris, 1366                                           138
     3. Oxford, 1267 and (?) 1408                             138
     4. Leipzig, A.B., 1410                                   139
     5. Leipzig, A.M., 1410                                   139
     6. Leipzig, A.B. and A.M., 1519                          134

 VI. ACADEMIC LETTERS                                         141

     1. Letters Relating to Paris                             141
     2. Two Oxford Letters of the Fifteenth Century           149




READINGS IN THE HISTORY OF EDUCATION




I

INTRODUCTION


The history of education, like all other branches of history, is based
upon documents. Historical documents are, in general, "the traces which
have been left by the thoughts and actions of men of former times"; the
term commonly refers to the original records or _sources_ from which our
knowledge of historical facts is derived. The documents most generally
used by historians are written or printed. In the history of education
alone these are of the greatest variety; as is shown in the following
pages, among them are university charters, proceedings, regulations,
lectures, text-books, the statutes of student organizations, personal
letters, autobiographies, contemporary accounts of university life, and
laws made by civil or ecclesiastical authorities to regulate university
affairs. Similar varieties of records exist for other educational
institutions and activities. The immense masses of such written or
printed materials produced to-day, even to the copy-book of the primary
school and the student's note-book of college lectures, will, if they
survive, become documents for the future historian of education.

The known sources for the history of education in western Europe since
the twelfth century--to go no further afield--are exceedingly numerous,
and widely spread among various public and private collections; the
labor of a lifetime would hardly suffice to examine them all critically.
Nevertheless many printed and written documents have been collected,
edited, and published in their original languages; and in some instances
the collections are fairly complete, or at least fairly representative
of the documents in existence. Assuming that they are accurate copies of
the original records, many are now easily accessible to students of the
subject, since these reproductions may be owned by all large libraries.

These records, rightly apprehended, have far more than a mere
antiquarian interest. The history of mediaeval universities is
profoundly important, not only for students, but also for
administrators, of modern higher education. For to a surprising degree
the daily and hourly conduct of university affairs of the twentieth
century is influenced by what universities did six centuries ago. On
this point the words of Mr. Hastings Rashdall, a leading authority on
mediaeval universities, are instructive: "... If we would completely
understand the meaning of offices, titles, ceremonies, organizations
preserved in the most modern, most practical, most unpicturesque of the
institutions which now bear the name of 'University,' we must go back to
the earliest days of the earliest Universities that ever existed, and
trace the history of their chief successors through the seven centuries
that intervene between the rise of Bologna or Paris, and the foundation
of the new University of Strassburg in Germany, or of the Victoria
University in England."

Knowledge of the subject should, however, yield much more than
understanding: it should also influence the practical attitudes of those
who are concerned with university affairs. Here I take issue with those
historians who hold that history supplies no "information of practical
utility in the conduct of life"; no "lessons directly profitable to
individuals and peoples." The evidence cannot be exhibited here, but
such information notoriously has been of the utmost practical value in
education, both in shaping influential theories and in determining even
minute details of educational practice. There is no reason to suppose
that it may not continue to be thus serviceable. Other utilities of
university history are less direct, but not less important. The study of
individual institutions and their varying circumstances and problems
"prepares us to understand and tolerate a variety of usages"; the study
of their growth not only "cures us of a morbid dread of change," but
also leads us to view their progressive adaptation to new conditions as
necessary and desirable. If such study teaches only these two lessons to
those who may hereafter shape the course of educational affairs it more
than justifies itself. For to eradicate that intolerance of variety in
educational practice so characteristic of the academic man of the past,
and to diminish in future generations his equally characteristic
opposition to changes involving adaptation to new conditions, is to
render one of the greatest possible services to educational progress.




II

THE RENAISSANCE OF THE TWELFTH CENTURY


During the twelfth century a great educational revival manifested itself
in western Europe, following upon several centuries of intellectual
decline or relative inactivity. Though its beginnings may be traced into
the eleventh century, and though its culmination belongs to a much later
period, the movement is often called the Renaissance of the Twelfth
Century. In that century it first appears as a widely diffused and
rapidly growing movement, and it then takes on distinctly the
characteristics which mark its later development. The revival appears
first in Italy and France; from these regions it spreads during the next
three centuries into England, Spain, Germany, Denmark, Sweden, and
Scotland.

Certain facts concerning this educational Renaissance should be clearly
understood in connection with the following selections:

1. To men of the times it first showed itself as a renewal of activity
in existing schools. Here and there appeared eminent teachers; to them
resorted increasing numbers of students from greater and greater
distances. In a few years some of these institutions became schools of
international fame. The newly roused enthusiasm for study in France at
the opening of the twelfth century is thus described by a modern writer:

     The scholastic fever, which was soon to inflame the youth of the
     whole of Europe, had already set in. You could not travel far
     over the rough roads of France without meeting some footsore
     scholar, making for the nearest large monastery or cathedral
     town. Before many years, it is true, there arose an elaborate
     system of conveyance from town to town, an organization of
     messengers to run between the chateau and the school; but in the
     earlier days, and, to some extent, even later, the scholar
     wandered afoot through the long provinces of France. Robbers,
     frequently in the service of the lord of the land, infested every
     province. It was safest to don the coarse frieze tunic of the
     pilgrim, without pockets, sling your little wax tablets and
     stylus at your girdle, strap a wallet of bread and herbs and salt
     on your back, and laugh at the nervous folk who peeped out from
     their coaches over a hedge of pikes and daggers. Few monasteries
     refused a meal or a rough bed to the wandering scholar. Rarely
     was any fee exacted for the lesson given. For the rest, none were
     too proud to earn a few sous by sweeping, or drawing water, or
     amusing with a tune on the reed-flute; or to wear the cast-off
     tunics of their masters.[1]

This account refers to the study of logic and theology, which soon
became dominant in Paris and in various cathedral schools in other parts
of France. With slight modifications it would describe also the revival
of interest in Roman law in Italy, especially at Bologna.

2. The revival was concerned mainly with professional, or--as later
appeared--university, education. The prevailing interest was in Law,
Medicine, Theology, and the philosophy of Aristotle. Schools of lower
grade were much influenced by the intellectual activity of the times,
but the characteristic product of this movement was the university. The
universities, organized as corporations, with their teachers divided
into faculties, their definite courses of study, their examinations,
their degrees, their privileges, and their cosmopolitan communities of
students, were not only the result of the revival, but they were
institutions essentially new in the history of education, and the models
for all universities which have since been established.

3. Between the latter part of the twelfth century and 1500 A.D. at least
seventy-nine universities were established in western Europe. There may
have been others of which no trace remains. Several of them were
short-lived, some lasting but a few years; ten disappeared before 1500.
Since that date twenty others have become extinct. The forty-nine
European universities of to-day which were founded before 1500 have all
passed through many changes in character and various periods of
prosperity and decline, but we still recognize in them the
characteristic features mentioned above, and the same features reappear
in the "most modern, most practical, most unpicturesque of the
institutions which now bear the name of 'University.'" This is one
illustration of the statement on page 2 that the daily and hourly
conduct of university affairs in the twentieth century is to a
surprising degree influenced by what universities did seven centuries
ago.

4. The term "University" has always been difficult to define. In the
Middle Ages its meaning varied in different places, and changed somewhat
in the centuries between 1200 and 1500 A.D. In these pages it signifies
in general an institution for higher education; and "institution" means,
not a group of buildings, but a society of teachers or students
organized, and ultimately incorporated, for mutual aid and protection,
and for the purpose of imparting or securing higher education.
Originally, universities were merely guilds of Masters or Scholars; as
such they were imitations of the numerous guilds of artisans and
tradesmen already in existence. Out of the simple organization and
customs of these guilds grew the elaborate organization and ceremonials
of later universities.

There were two main types of university organization,--the University of
Masters, and the University of Students. In the former,--which is the
type of all modern universities,--the government and instruction of
students were regulated by the Masters or Doctors. In the latter, these
matters were controlled by the students, who also prescribed rules for
the conduct of the Masters. Paris and Bologna were, respectively, the
original representatives of these types. Paris was the original
University of Masters; its pattern was copied, with some modifications,
by the universities of England, Germany, Denmark, Sweden, and Scotland.
Bologna was the archetypal University of Students; its organization was
imitated, also with variations, by the universities Italy, France
(except Paris), Spain, and Portugal.

In and after the thirteenth century, the place or school in which a
university existed was almost always called a _Studium Generale_, i.e. a
place to which students resorted, or were invited, from all countries.
This term was used in contrast to _Studium Particulare_, i.e. any school
in which a Master in a town taught a few scholars. In the _Studium
Generale_ instruction was given by several Masters, in one or more of
the Faculties of Arts, Law, Medicine, and Theology. In time the term
came to be synonymous with "University"; it is so used in this book.

5. The theoretically complete mediaeval university contained the four
faculties of Arts, Theology, Law, and Medicine. These we find reproduced
in some modern universities. Then, as now, however, it was not common to
find them all equally well developed in any single institution; many
possessed only two or three faculties, and some had but one. There are
rare instances of five faculties, owing to the subdivision of Law. At
Paris, the strongest faculties were those of Arts and Theology; Law and
Medicine were in comparison but feebly represented. At Bologna, on the
other hand, the study of Law was predominant, although the Arts,
Medicine, and Theology were also taught there.

6. The studies pursued in the various faculties in and after the
thirteenth century were in general as follows:

In the Faculty of Arts:

1. The "three philosophies"--Natural, Moral, and Rational--of Aristotle,
together with his Logic, Rhetoric, and Politics. Of these, Logic and
Rhetoric are included below.

2. The Seven Liberal Arts, comprising

                              {Grammar.
          (_a_)               {Rhetoric.
                              {Logic.

                              {Arithmetic.
          (_b_)               {Geometry.
                              {Music.
                              {Astronomy.

In the Faculty of Law:

1. The _Corpus Juris Civilis_, or body of Roman Civil Law, compiled at
Constantinople 529-533 A.D., under direction of the Roman Emperor
Justinian.

2. The Canon Law, or law governing the Church, of which the first part
was compiled by the monk Gratian about the year 1142. His compilation of
the Canon Law is usually referred to as the _Decretum Gratiani_.

In the Faculty of Theology:

  1. The "Sentences" of Peter Lombard.
  2. The Bible.

In the Faculty of Medicine:

  1. The works of Hippocrates.
  2. The works of Galen.
  3. Medical treatises of various Arabic and Jewish writers of the
     seventh century A.D. and later.

These studies will be described more fully in connection with the
selections on pages 37-83.

Not all of the works mentioned under these divisions were included in
the regular programme of any university; the actual studies required for
the various degrees consisted rather in selections from these works. The
selections chosen varied somewhat in different universities; moreover,
the course in any given university changed from time to time.
Consequently the degrees of A.B. and A.M., as well as degrees in Law,
Medicine, and Theology, probably never represented exactly the same set
of studies in any considerable number of universities, nor did they even
represent exactly the same work for many years in any single university.
This corresponds exactly with the situation in modern universities,
although at present the variations in studies for the same degree are
greater and the changes in any given university are usually more rapid
than they were in the universities of the Middle Ages.

It is necessary to remember that all the text-books were in Latin. Those
written originally in other tongues were translated into Latin. All
university exercises were conducted in that language, and frequently the
regulations required students to use Latin in conversation outside the
lecture halls. Latin was, in short, the universal academic tongue.
Obviously, the use of the same language everywhere facilitated the
migration of students and teachers from one university to another.

7. Although the first universities were not established as organized
institutions until the latter part of the twelfth century, the
intellectual movement which gave rise to them was well under way a
century earlier. It showed itself first in the rise of great teachers,
some of whom were also notable scholars. There has never been a clearer
demonstration of the central importance in education of the
distinguished teacher:

     At the beginning of the twelfth century three schools are
     distinguished in the contemporary literature above the multitude
     which had sprung into new life in France and were connected with
     so many of her cathedrals and religious houses. These three were
     at Laon, Paris, and Chartres. It would be more accurate to say,
     they were the schools of Anselm and Ralph, of William of
     Champeaux, and of Bernard Sylvester. For in those days the school
     followed the teacher, not the teacher the school. Wherever a
     master lived, there he taught; and thither, in proportion to his
     renown, students assembled from whatever quarter.... The tie was
     a personal one, and was generally severed by the master's death.
     A succession of great teachers in one place was a rare exception;
     nor is such an exception afforded by the history of any of the
     three schools to which we have referred.[2]

In these days, when education requires a more and more elaborate
equipment of buildings, libraries, laboratories, and museums, it is no
longer possible for teachers, however distinguished, to attract throngs
of students to places absolutely unprovided with the resources for
teaching, or to provide these resources anywhere on the spur of the
moment In the twelfth century, on the contrary, the only necessary
equipment consisted in the master, his small library which could be
carried by one man; wax tablets, or pens, ink, and vellum or parchment
for the students; and any kind of a shelter which would serve as a
protection from the weather. Not even benches or chairs were necessary,
for students commonly sat upon the straw-strewn floors of the lecture
rooms. Thus the school might easily follow the teacher in his
migrations, and easily sink into obscurity or disappear upon his death
or cessation from teaching. The autobiography of Abelard (see page 14),
recounts an experience unusual in itself, but perfectly illustrative of
the point. After relating various misfortunes and persecutions he
continues:

     So I betook myself to a certain wilderness previously known to
     me, and there on land given to me by certain ones, with the
     consent of the Bishop of the region, I constructed out of reeds
     and straw a sort of oratory in the name of the Holy Trinity
     where, in company with one of our clergy, I might truly chant to
     the Lord: "Lo I have wandered far off, and have remained in the
     wilderness."

     As soon as Scholars learned this they began to gather from every
     side, leaving cities and castles to dwell in the wilderness, and
     in place of their spacious homes to build small tabernacles for
     themselves, and in place of delicate food to live on herbs of the
     fields and coarse bread, and in place of soft couches to make up
     [beds of] straw and grass, and in place of tables to pile up
     sods.[3]

FOOTNOTES:

[Footnote 1: Adapted from Joseph McCabe, _Abelard_, pp. 7, 8.]

[Footnote 2: R.L. Poole, _Illustrations from the History of Medieval
Thought_, p. 109.]

[Footnote 3: _Petri Abaelardi Opera_, edd. Cousin et Jourdain, I, p.
25.]




III

THE RISE OF MEDIAEVAL UNIVERSITIES


The influences contributing to the rise of universities were numerous,
and in many cases obscure. The most important were: 1. Inspiring and
original teachers, who gathered about them great numbers of students. 2.
A new method of teaching. 3. A new group of studies. 4. Privileges
granted to scholars and masters by civil and ecclesiastical authorities.
5. The direct initiative of those authorities in establishing
universities by decree. The readings which follow are chosen to
illustrate these influences.


1. TEACHERS AND STUDENTS OF THE TWELFTH CENTURY


(a) _A Pre-University Teacher: Abelard_

Among the teachers of the early part of the twelfth century, two were of
especial significance in the later intellectual development of the
period,--Irnerius (_ca._ 1070-1130) at Bologna, and Abelard (1079-1142)
at Paris. They were the forerunners of the universities which began to
take form at the end of the twelfth century in those cities. Irnerius
marks a new epoch in the study of the body of Roman Law; following the
traditions of teaching which he established, the University of Bologna
became the most prominent school of law in Europe. In a similar way
Abelard marks at Paris the introduction of a new method of teaching and
investigation, an attitude of intellectual independence on theological
questions, and a permanently influential position in scholastic
philosophy; following his initiative the University of Paris became the
leading school of Philosophy and Theology. These two
institutions,--Bologna and Paris,--were in turn the models for all other
mediaeval universities, not only in organization, but also so far as the
study of Law, Theology, and Philosophy was concerned. Hence, indirectly,
the influence of Abelard and Irnerius was widely diffused and long
continued.

The documents relating to Irnerius are scanty. For a discussion of his
influence on the teaching of Roman Law, see Rashdall, I, ch. iv, and
especially pages 121-127. Concerning Abelard the records are abundant.

Abelard, the eldest son of a noble family of Pallet (Palais), Brittany,
was in his day the most renowned teacher in France. Instead of becoming
the head of his family and adopting the career of a soldier, he
abandoned his birthright and the profession of arms for the life of the
scholar and the battlefields of debate. His early life as a student
wandering from school to school is thus described by himself:

     The more fully and easily I advanced in the study of letters the
     more ardently I clung to them, and I became so enamored of them
     that, abandoning to my brothers the pomp of glory, together with
     my inheritance and the rights of the eldest son, I resigned from
     the Councils of War that I might be educated in the camp of
     Minerva. And since among all the weapons of philosophy I
     preferred the arms of logic, I exchanged accoutrements and
     preferred the conflicts of debate to the trophies of war.
     Thenceforward I walked through the various provinces engaging in
     debates wherever I had heard that the study of this art [logic]
     flourished, and thus became a rival of the Peripatetics.

     At length [about 1100 A.D.] I reached Paris, where for some time
     this art had been prospering, and went to William of Champeaux,
     my instructor, distinguished at the time in this particular by
     his work and reputation as a teacher. Staying with him for a
     while, I was at first acceptable, but shortly after was very
     annoying to him, namely, when I tried to refute some of his
     opinions, and often ventured to argue against him and, not
     seldom, seemed to surpass him in debate.[4]

_In scholis militare_--to wage war in the schools--was the phrase aptly
used to describe this mode of debate. William of Champeaux was then the
head of the cathedral school of Notre Dame and the leading teacher of
logic in France. "Within a few months Abelard made his authority totter,
and set his reputation on the wane. In six or seven years he drove him
in shame and humiliation from his chair, after a contest which filled
Christendom with its echoes." By overcoming William in debate he
established his own reputation as a teacher. At various times between
1108 and 1139 he taught in Paris, whither crowds of students came to
hear him. His fame was at its height about 1117, shortly after his
appointment to the chair which William himself had held. Few teachers
have ever attracted a following so large and so devoted. His remarkable
success in drawing to Paris students from all quarters is vividly
described by a modern writer:

     The pupil who had left Paris when both William and Abelard
     disappeared in 1113 would find a marvellous change on returning
     to it about 1116 or 1117. He would find the lecture hall and the
     cloister and the quadrangle, under the shadow of the great
     cathedral, filled with as motley a crowd of youths and men as any
     scene in France could show. Little groups of French and Norman
     and Breton nobles chattered together in their bright silks and
     fur-tipped mantles, with slender swords dangling from embroidered
     belts, vying with each other in the length and crookedness of
     their turned-up shoes. Anglo-Saxons looked on, in long fur-lined
     cloaks, tight breeches, and leathern hose swathed with bands of
     many colored cloth. Stern-faced northerners, Poles and Germans,
     in fur caps and with colored girdles and clumsy shoes, or with
     feet roughly tied up in the bark of trees, waited impatiently for
     the announcement of _Li Mestre_. Pale-faced southerners had
     braved the Alps and the Pyrenees under the fascination of "the
     wizard." Shaven and sandalled monks, black-habited clerics, black
     canons, secular and regular, black in face too, some of them,
     heresy hunters from the neighboring abbey of St. Victor, mingled
     with the crowd of young and old, grave and gay, beggars and
     nobles, sleek citizens and bronzed peasants....

     Over mountains and over seas the mingled reputation of the city
     and the school were carried, and a remarkable stream set in from
     Germany, Switzerland, Italy (even from proud Rome), Spain, and
     England; even "distant Brittany sent you its animals to be
     instructed," wrote Prior Fulques to Abelard (a Breton) a year or
     two afterwards.[5]

What was there in the teaching of Abelard which brought together this
extraordinary gathering? One may admit the presence of unanalysable
genius in this master, and still find certain qualities indispensable to
the efficient teacher of to-day,--a winning personality, fulness of
knowledge, and technical skill as a teacher. These are admirably set
forth in the following description:

     It is not difficult to understand the charm of Abelard's
     teaching. Three qualities are assigned to it by the writers of
     the period, some of whom studied at his feet; clearness, richness
     in imagery, and lightness of touch are said to have been the
     chief characteristics of his teaching. Clearness is, indeed, a
     quality of his written works, though they do not naturally convey
     an impression of his oral power. His splendid gifts and
     versatility, supported by a rich voice, a charming personality, a
     ready and sympathetic use of human literature, and a freedom from
     excessive piety, gave him an immeasurable advantage over all the
     teachers of the day. Beside most of them, he was as a butterfly
     to an elephant. A most industrious study of the few works of
     Aristotle and of the Roman classics that were available, a
     retentive memory, an ease in manipulating his knowledge, a clear,
     penetrating mind, with a corresponding clearness of expression, a
     ready and productive fancy, a great knowledge of men, a warmer
     interest in things human than in things divine, a laughing
     contempt for authority, a handsome presence, and a musical
     delivery--these were his gifts.[6]

     He takes his place in history, apart from the ever-interesting
     drama and the deep pathos of his life, in virtue of two
     distinctions. They are, firstly, an extraordinary ability in
     imparting such knowledge as the poverty of the age afforded--the
     facts of his career reveal it; and, secondly, a mind of such
     marvellous penetration that it conceived great truths which it
     has taken humanity seven or eight centuries to see--this will
     appear as we proceed. It was the former of these gifts that made
     him, in literal truth, the centre of learned and learning
     Christendom, the idol of several thousand eager scholars. Nor,
     finally, were these thousands the "horde of barbarians" that
     jealous Master Roscelin called them. It has been estimated that a
     pope, nineteen cardinals, and more than fifty bishops and
     archbishops were at one time among his pupils.[7]

Abelard's fame as a teacher, with the consequent increase of masters and
students at Paris, undoubtedly paved the way for the formation of the
University later in the century. This is not however his greatest
distinction in the history of education. His most enduring influences
came from (1) his independence in thinking, (2) his novel method of
dealing with debatable questions, and (3) his contributions to
scholastic philosophy and theology. The first two of these are
considered below; the last belongs more properly to the history of
philosophy.

(1) Nothing singles Abelard out more clearly among the teachers of his
time than his intellectual independence. Most of his contemporaries
accepted unquestioningly the view that in religious matters faith
precedes reason. One might seek to justify one's faith by reason, but
preliminary doubt as to what should be the specific articles of one's
faith was inadmissible. As they supposed, these articles had been
determined by the church fathers--Augustine, Jerome, and others--and by
the Bible. Their view had been formulated by Anselm of Canterbury in the
preceding century:

     "I do not seek to know in order that I may believe, but I believe
     in order that I may know." "The Christian ought to advance to
     knowledge through faith, not come to faith through knowledge."
     "The proper order demands that we believe the deep things of
     Christian faith before we presume to reason about them."

With his keenly critical, questioning mind Abelard found a flaw in this
position: on many questions of faith the authorities themselves
disagreed. "In such cases,"--he said in effect,--"how shall I come to
any definite belief unless I first reason it out?" "By doubting we are
led to inquiry, and by inquiry we attain the truth." His attitude--as
contrasted with that of Anselm, given above--is set forth in the
prologue to his _Sic et Non_ (Yes and No):

     In truth, constant or frequent questioning is the first key to
     wisdom; and it is, indeed, to the acquiring of this [habit of]
     questioning with absorbing eagerness that the famous philosopher,
     Aristotle, the most clear sighted of all, urges the studious when
     he says: "It is perhaps difficult to speak confidently in matters
     of this sort unless they have often been investigated. Indeed, to
     doubt in special cases will not be without advantage." For
     through doubting we come to inquiry and through inquiry we
     perceive the truth. As the Truth Himself says: "Seek and ye shall
     find, knock and it shall be opened unto you." And He also,
     instructing us by His own example, about the twelfth year of His
     life wished to be found sitting in the midst of the doctors,
     asking them questions, exhibiting to us by His asking of
     questions the appearance of a pupil, rather than, by preaching,
     that of a teacher, although there is in Him, nevertheless, the
     full and perfect wisdom of God.

     Now when a number of quotations from [various] writings are
     introduced they spur on the reader and allure him into seeking
     the truth in proportion as the authority of the writing itself is
     commended ...

     In accordance, then, with these forecasts it is our pleasure to
     collect different sayings of the holy Fathers as we planned, just
     as they have come to mind, suggesting (as they do) some
     questioning from their apparent disagreement, in order that they
     may stimulate tender readers to the utmost effort in seeking the
     truth and may make them keener as the result of their seeking.[8]

(2) The new method which Abelard formed for discovering the truth is
presented in the "Yes and No." He first stated in the form of a thesis
for debate the question on which doubt existed. The book contains one
hundred and fifty-eight such questions. He then brought together under
each question the conflicting opinions of various authorities, and,
without stating his own view, left the student to reason for himself in
the matter. There is no doubt that this method served his purpose to
"stimulate tender readers to the utmost effort in seeking the truth."
His boldness in considering some of these questions debatable at all,
the novelty of the doubt which they imply, and their incisive challenge
to keen thinking are evident from the following list:

1. That faith is based upon reason, _et contra_.

5. That God is not single, _et contra_.

6. That God is tripartite, _et contra_.

8. That in the Trinity it is not to be stated that there is more than
   one Eternal being, _et contra_.

11. That the Divine Persons mutually differ, _et contra_.

12. That in the Trinity each is one with the other, _et contra_.

13. That God the Father is the cause of the son, _et contra_.

14. That the Son is without beginning, _et contra_.

27. That God judges with foreknowledge, _et non_.

28. That the providence of God is the cause of things happening, _et
    non_.

32. That to God all things are possible, _et non_.

36. That God does whatever he wishes, _et non_.

37. That nothing happens contrary to the will of God, _et contra._

38. That God knows all things, _et non_.

53. That Adam's sin was great, _et non_.

84. That man's first sin did not begin through the persuasion of the
    devil, _et contra_.

55. That Eve only, not Adam, was beguiled, _et contra_.

56. That by sinning man lost free will, _et non_.

69. That the Son of God was predestinated, _et contra_.

79. That Christ was a deceiver, _et non_.

85. That the hour of the Lord's resurrection is uncertain, _et contra_.

116. That the sins of the fathers are visited upon the children, _et
     contra_.

122. That everybody should be allowed to marry, _et contra_.

141. That works of sanctity do not justify a man, _et contra_.

144. That at times we all sin against our will, _et contra_.

150. That sins are not remitted without confession, _et contra_.

153. That a lie is never permissible, _et contra_.

154. That a man may destroy himself for some reasons, _et contra._

155. That Christians may not for any reason kill a man, _et contra_.

156. That it is lawful to kill a man, _et non_.

How he brought out the conflict of opinions is shown by the following
example:

     THAT IT IS LAWFUL TO KILL A MAN, AND THE OPPOSITE THESIS.

     _Jerome on Isaiah, Bk. V._ He who cuts the throat of a man of
     blood, is not a man of blood.

     _Idem, On the Epistle to the Galatians:_ He who smites the
     wicked because they are wicked and whose reason for the murder is
     that he may slay the base, is a servant of the Lord.

     _Idem, on Jeremiah:_ For the punishment of homicides, impious
     persons and poisoners is not bloodshed, but serving the law.

     _Cyprian, in the Ninth Kind of Abuse:_ The King ought to restrain
     theft, punish deeds of adultery, cause the wicked to perish from
     off the face of the earth, refuse to allow parricides and
     perjurers to live.

     _Augustine:_ Although it is manslaughter to slaughter a man, a
     person may sometimes be slain without sin. For both a soldier in
     the case of an enemy and a judge or his official in the case of a
     criminal, and the man from whose hand, perhaps without his will
     or knowledge, a weapon has flown, do not seem to me to sin, but
     merely to kill a man.

     _Likewise:_ The soldier is ordered by law to kill the enemy, and
     if he shall prove to have refrained from such slaughter, he pays
     the penalty at the hands of his commander. Shall we not go so far
     as to call these laws unjust or rather no laws at all? For that
     which was not just does not seem to me to be a law.

     _Idem, on Exodus ch. xxvii:_ The Israelites committed no theft in
     spoiling the Egyptians, but rendered a service to God at his
     bidding, just as when the servant of a judge kills a man whom the
     law hath ordered to be killed; certainly if he does it of his own
     volition he is a homicide, even though he knows that the man whom
     he executes ought to be executed by the judge.

     _Idem, on Leviticus ch. lxxv:_ When a man is justly put to death,
     the law puts him to death, not thou.

     _Idem, Bk. I of the "City of God":_ Thou shall not kill, except
     in the case of those whose death God orders, or else when a law
     hath been passed to suit the needs of the time and express
     command hath been laid upon a person. But he does not kill who
     owes service to the person who gives him his orders, for he is
     as it were a mere sword for the person who employs his
     assistance.

     _Likewise:_ When a soldier, in obedience to the power under which
     he is legitimately placed, kills a man, by no law of the state is
     he accused of murder; nay if he has not done it, he is accused of
     desertion and insubordination. But if he had acted under his own
     initiative and of his own will, he would have incurred the charge
     of shedding human blood. And so he is punished if he does not do
     when ordered that for which he would receive punishment if he did
     it without orders.

     _Idem, to Publicola:_ Counsel concerning the slaying of men
     pleaseth me not, that none may be slain by them, unless perhaps a
     man is a soldier or in a public office, so that he does the deed
     not in his own behalf, but for others and for the state,
     accepting power legitimately conferred, if it is consonant with
     the task imposed on him.

     _Likewise:_ It has been said: let us not resist the evil man, let
     not the vengeance delight us which feeds the mind on others' ill,
     let us not neglect the reproofs of men.

     _Idem, to Marcella:_ If that earthly commonwealth of thine keep
     to the teachings of Christ, even wars will not be waged without
     goodwill, for with pitying heart even wars if possible will be
     waged by the good, so that the lusts of desire may be subdued and
     those faults destroyed which ought under just rule to be either
     rooted out or chastised. For if Christian training condemned all
     wars, this should rather be the advice given in the gospel for
     their safety to the soldiers who ask for it, namely to throw
     aside their arms and retire altogether from the field. But this
     is the word spoken to them: Do violence to no man, neither accuse
     any falsely; and be content with your wages.

     He warns them that the wages that belong to them should satisfy
     them, but he by no means forbids them to take the field.

     _Idem, to his comrade Boniface:_ "I will give thee and thine a
     useful counsel: Take arms in thy hands; let prayer strike the
     ears of the creator; because in battle the heavens are opened,
     God looks forth and awards the victory to the side he sees to be
     the righteous one."

     _Idem:_ The wars to be waged we undertake either at the command
     of God or under some lawful rule. Else John when the soldiers to
     be baptized came to him saying, "And what shall we do?" would
     make answer to them: "Cast aside your arms, leave the service;
     smite no man; ruin no man."

     But because he knew that they did these things because they were
     in the service, that they were not slayers of men, but servants
     of the law; and not avengers of their own injuries, but guardians
     of the public safety, his answer to them was: "Do violence to no
     man," etc.

     _Isidore, Etymologiae, Bk. XVIII, ch. iii:_ A righteous war is
     one waged according to orders, to recover property or drive back
     the enemy.

     _Pope Nicholas to the questions of the Bulgarians:_ If there is
     no urgent need, not only in Lent but at all times, men should
     abstain from battles. If however there is an unavoidable and
     urgent occasion, and it is not Lent, beyond all doubt
     preparations for wars should be sparingly made in one's own
     defence or in that of one's country or the laws of one's fathers;
     lest forsooth this word be said: A man if he has an attack to
     make, does not carefully take counsel beforehand for his own
     safety and that of others, nor does he guard against injury to
     holy religion.[9]

This example shows the scholastic method in its earliest form,--the
statement of the thesis, followed by the simple citation of authorities,
_pro_ and _con_. Later writers added the conclusion which they wished to
support, or at least indicated it in the statement of the thesis. This,
of course, robbed the method of much of its stimulus to independent
thinking. Other modifications also appeared. See the examples on pages
58 ff., 121 ff. The point to be noted here is that in the "Yes and No"
Abelard struck out definitely the method which was followed for
centuries in a large part of university instruction. How great a part it
played can be understood only by an extended study of university
history. A brief discussion of the subject is given on pages 35-37. The
stimulating way in which Abelard used it was potent in drawing students
to Paris. Among those who came to hear him was John of Salisbury.


(b) _A Pre-University Scholar: John of Salisbury_

John of Salisbury (c. 1120-1180), "for thirty years the central figure
of English learning," "beyond dispute the best-read man of his time," is
a good example of the more serious students among those who travelled
abroad for study in the early days of the revival described above. He
spent twelve years (1136-1148) at Paris and at Chartres. His
"Metalogicus" (completed about 1159) is perhaps the best contemporary
account of educational affairs in France in the twelfth century.

The book is interesting now mainly for its account of the writer's
training, for its advocacy of liberal studies as a preparation for
logic, and for its vigorous argument in favor of using all of the works
of Aristotle then known, several of which had only recently become
accessible. It was written originally, however, to discredit the
educational practices of a certain person--designated by the pseudonym
"Cornificius "--who was offering a short and showy education, and
spreading it abroad through his disciples. The description of
"Cornificius" and his school is not necessarily true, but some passages
are quoted from it to illustrate a mode of educational argument
thoroughly characteristic of the Middle Ages,--and not unknown to-day.
They also give point, by contrast, to the education and views of John
Salisbury himself. John begins by personal abuse of "Cornificius":

     The shamelessness of his looks, the rapacity of his hands, the
     frivolousness of his bearing, the foulness of his manners (which
     the whole neighborhood spews out), the obscenity of his lust, the
     ugliness of his body, the baseness of his life, his spotted
     reputation, I would lay bare and thrust into the face of the
     public, did not my respect for his Christian name restrain me.
     For being mindful of my profession, and of the fraternal
     communion which we have in the Lord, I have believed that
     indulgence should be given to his person while, nevertheless,
     indulgence is not given to his sin.

Having fairly joined battle by several pages of vituperation, John
proceeds to describe his opponent's manner of teaching:

     But I object vigorously to his views, which have destroyed many,
     because he has a crowd that believes in him, and although the new
     Cornificius is more senseless than the old, yet a mob of foolish
     ones agrees with him. And there are in particular some of these
     who, although inert and slothful, are eager to seem rather than
     to be wise.

       *       *       *       *       *

     For my part I am not at all surprised if after being employed at
     a large fee, and beating his drum a long time, he taught his
     credulous hearer to know nothing. For he, too, was equally
     untaught by teachers, since, without eloquence, and yet verbose,
     and lacking the fruit of ideas, he continuously throws to the
     wind the foliage of words ... He feeds his hearers on fables and
     trifles, and if what he promises is true, he will make them
     eloquent without the need of skill, and philosophers by a short
     cut and without effort.... In that school of philosophizers at
     that time the question whether the pig which is being led to
     market is held by the man or by the string, was considered
     insoluble. Also, whether he who bought the whole cloak bought the
     cowl. Decidedly incongruous was the speech in which these words,
     "congruous" and "incongruous argument" and "reason" did not make
     a great noise, with multifold negative particles and transitions
     through "esse" and "non-esse." ... A wordy clamor was enough to
     secure the victory, and he who introduced anything from any
     source reached the goal of his proposition.... Therefore they
     suddenly became expert philosophers, for he who had come there
     illiterate delayed in the schools scarcely longer than the time
     within which young birds get their feathers. So the fresh
     teachers from the schools and the young birds from the nests flew
     off together, having lingered an equal length of time.... They
     talked only of congruity or reason, and argument resounded from
     the lips of all, and to give its common name to an ass, or a man,
     or any of nature's works, was like a crime, or was much too
     inelegant or crude, and abhorrent to a philosopher.... Hence this
     seething pot of speech in which the stupid old man exults,
     insulting those who revere the originators of the Arts because
     when he pretends to devote his energies to them he finds nothing
     useful in them.[10]

John's own training was in marked contrast to all this. Instead of
remaining in the schools "scarcely longer than the time within which
young birds get their feathers," he spent, as above noted, twelve years
in study. Instead of devoting himself to logic and disputation alone, he
received an extensive training in the classics and in theology. His
first teacher at Paris was Abelard.

     When I was a very young man, I went to study in France, the year
     after the death of that lion in the cause of justice, Henry [the
     First], king of England. There I sought out that famous teacher
     and Peripatetic philosopher of Pallet [Abelard], who at that time
     presided at Mont St. Genevieve, and was the subject of admiration
     to all men. At his feet I received the first rudiments of the
     dialectic art [logic], and shewed the utmost avidity to pick up
     and store away in my mind all that fell from his lips. When,
     however, much to my regret, Abelard left us, I attended Master
     Alberic, a most obstinate Dialectician, and unflinching assailant
     of the Nominal Sect. Two years I stayed at Mont St. Genevieve,
     under the tuition of Alberic and Master Robert de Melun.

Then follows a characterization of these teachers. The statement that
one of them went to Bologna for the further study of logic indicates
that that place was eminent for its teaching of dialectics as well as
for the study of law.

     One of these teachers was scrupulous even to minutiae, and
     everywhere found some subject to raise a question; for the
     smoothest surface presented inequalities to him, and there was no
     rod so smooth that he could not find a knot in it, and shew how
     it might be got rid of. The other of the two was prompt in reply,
     and never for the sake of subterfuge avoided a question that was
     proposed; but he would choose the contradictory side, or by
     multiplicity of words would show that a simple answer could not
     be given. In all questions, therefore, he was subtle and profuse,
     whilst the other in his answer was perspicuous, brief, and to the
     point If two such characters could ever have been united in the
     same person, he would be the best hand at disputation that our
     times have produced. Both of them possessed acute wit, and an
     indomitable perseverance, and I believe they would have turned
     out great and distinguished men in Physical Studies, if they had
     supported themselves on the great base of Literature, and more
     closely followed the tracks of the ancients, instead of taking
     such pride in their own discoveries.

     All this is said with reference to the time during which I
     attended on them. For one of them afterwards went to Bologna, and
     there unlearnt what he had taught: on his return also, he
     untaught it: whether the change was for the better or the worse,
     I leave to the judgment of those who heard him before and after.
     The other of the two was also a proficient in the more exalted
     Philosophy of Divinity, wherein he obtained a distinguished name.

     With these teachers I remained two years, and got so versed in
     commonplaces, rules, and elements in general, which boys study,
     and in which my teachers were most weighty, that I seemed to
     myself to know them as well as I knew my own nails and fingers.
     There was one thing which I had certainly attained to, namely, to
     estimate my own knowledge much higher than it deserved. I thought
     myself a young scholar, because I was ready in what I had been
     taught.

Evidence external to this narrative shows that he now went to the school
at Chartres,--some sixty miles southwest of Paris,--which was one of
three great French schools of the period (see p. 10). During the first
half of the twelfth century it became famous under the teaching of the
brothers Theodoric and Bernard Sylvester, who are both mentioned in the
following passages. The school was distinguished in particular for its
devotion to Grammar, Rhetoric, and classical Latin literature; in this
respect it was in marked contrast to Paris, where Logic and Theology
were the prevailing studies.

     I then, beginning to reflect and to measure my strength, attended
     on the Grammarian William de Conches during the space of three
     years; and read much at intervals: nor shall I ever regret the
     way in which my time was then spent. After this I became a
     follower of Richard l'Eveque, a man who was master of every kind
     of learning, and whose breast contained much more than his tongue
     dared give utterance to; for he had learning rather than
     eloquence, truthfulness rather than vanity, virtue rather than
     ostentation. With him I reviewed all that I had learned from the
     others, besides certain things, which I now learnt for the first
     time, relating to the Quadrivium, in which I had already acquired
     some information from the German Hardewin. I also again studied
     Rhetoric, which I had before learnt very superficially with some
     other studies from Master Theodoric, but without understanding
     what I read. Afterwards I learnt it more fully from Peter
     Hely.[11]

In another chapter, which is here inserted in the narrative, John
describes in detail the teaching at Chartres. This is one of the most
complete accounts which we have of the manner and the matter of the
teaching in a twelfth-century school. He begins by a general discussion
of the importance of Grammar, which is the "foundation and root" of
reading, teaching, and reflection. Throughout this discussion he refers
constantly to Quintilian's "Institutes of Oratory." The study of
Rhetoric and of other Arts prepares one for the proper understanding of
Literature: "The greater the number of Arts with which one is imbued,
and the more fully he is imbued with them, so much the more completely
will he appreciate the elegance of the authors, and the more clearly
will he teach them."

As to the study of Literature, care should be used in selecting the best
authors. Bernard, he reports, "always said that unnecessary reading
should be avoided, and that the writings of illustrious authors were
sufficient; since to study whatever all that the most contemptible men
have ever said results in too great torture or in idle boasting, and
hinders and even overwhelms the intelligence, which is better left empty
for other writings." The reading chosen was classical Latin literature;
"in this reverent dependence upon the ancients, lies the main
peculiarity of the school of Chartres," which under Bernard and his
brother "enjoyed a peculiar distinction, continually growing until it
became almost an unapproached pre-eminence among the schools of
Gaul."[12]

This reading is in turn a preparation for Philosophy. "He who aspires to
Philosophy should understand reading, teaching and reflection, together
with practice in good works." "Search Virgil and Lucan, and there, no
matter of what philosophy you are professor, you will find it in the
making." All this is in marked contrast to the method of "Cornificius,"
who proposed to train philosophers "suddenly." John continues:

     Bernard of Chartres, the most copious source of letters in Gaul
     in modern times, followed this method, and in the reading of
     authors showed what was simple, and fell under the ordinary
     rules; the figures of grammar, the adornments of rhetoric, the
     quibbles of sophistries; and where the subject of his own lesson
     suggested reading related to other arts, these matters he brought
     into full view, yet in such wise that he did not teach everything
     about each topic but, in proportion to the capacity of his
     audience, dispensed to them in due time the full scope of the
     subject. And because the brilliancy of any speech depends either
     on _Propriety_ (that is, the correct agreement of adjective or
     verb with the substantive) or on _Metathesis_ (that is, the
     transfer of the meaning of an expression for a worthy reason to
     another signification), these were the things which he took every
     opportunity to inculcate in the minds of his hearers.

     And since the memory is strengthened by exercise and the wits are
     sharpened by imitating what is heard, he urged some by warnings,
     and some by floggings and punishments [to the constant practice
     of memorizing and imitation]. They were individually required on
     the following day to reproduce some part of what they had heard
     the day before, some more, some less, for with them the following
     day was the pupil of the day preceding.

     Evening drill, which was called _declension_, was packed with so
     much grammar that if one gave a whole year to it he would have at
     his command, if he were not unusually dull, a method of speaking
     and writing, and he could not be ignorant of expressions which
     are in common use.... For those of the boys for whom preliminary
     exercises in imitating prose or poetry were prescribed, he
     announced the poets or orators and bade them imitate their
     example, pointing out the way they joined their words and the
     elegance of their perorations.

     But if any one to make his own work brilliant had borrowed the
     cloak of another he detected the theft and convicted him, though
     he did not very often inflict a punishment; but he directed the
     culprit thus convicted, if the poorness of his work had so
     merited, to condescend with modest favor to express the exact
     meaning of the author; and he made the one who imitated his
     predecessors worthy of imitation by his successors.

     The following matters, too, he taught among the first rudiments
     and fixed them in their minds:--the value of order; what is
     praiseworthy in embellishment and in [choice of] words; where
     there is tenuity and, as it were, emaciation of speech; where, a
     pleasing abundance; where, excess; and where, a due limit in all
     things....

     And since in the entire preliminary training of those who are to
     be taught there is nothing more useful than to grow accustomed
     to that which must needs be done with skill, they repeatedly
     wrote prose and poetry every day, and trained themselves by
     mutual comparisons,--a training than which nothing is more
     effective for eloquence, nothing more expeditious for learning;
     and it confers the greatest benefit upon life, at least, if
     affection [rather than envy] rules these comparisons, if humility
     is not lost in literary proficiency.[13]

John's stay at Chartres (1138-1141) made him a permanent advocate of
liberal education; but to no avail; the influence of Paris and the
rising tide of Aristotelianism gained the day. As a champion of the
newly-recovered works of Aristotle (see p. 42) he was more in accord
with the tendencies of his time.

The concluding section of the account narrates John's return to Paris,
his further studies there (1141-1148), and his visit to his old school
on the "Mount":

     From hence I was withdrawn by the poverty of my condition, the
     request of my companions, and the advice of my friends, that I
     should undertake the office of a tutor. I obeyed their wishes;
     and on my return [to Paris] after three years, finding Master
     Gilbert [de la Porrée] I studied Logic and Divinity with him: but
     he was very speedly removed from us, and in his place we had
     Robert de Poule, a man amiable alike for his rectitude and his
     attainments. Then came Simon de Poissy, who was a faithful
     reader, but an obtuse disputator. These two were my teachers in
     Theology only.

     Twelve years having passed away, whilst I was engaged in these
     various occupations, I determined to revisit my old companions,
     whom I found still engaged with Logic at Mont St. Genevieve, and
     to confer with them touching old matters of debate; that we might
     by mutual comparison measure together our several progress. I
     found them as before, and where they were before; nor did they
     appear to have reached the goal in unravelling the old questions,
     nor had they added one jot of a proposition. The aims that once
     inspired them, inspired them still: they had progressed in one
     point only: they had unlearned moderation, they knew not modesty;
     in such wise that one might despair of their recovery. And thus
     experience taught me a manifest conclusion, that, whereas
     dialectic furthers other studies, so if it remain by itself it
     lies bloodless and barren, nor does it quicken the soul to yield
     fruit of philosophy, except the same conceive from elsewhere.[14]

This was doubtless one of the experiences which led John to vigorous
argument on the futility of devotion to Logic alone, and on the
importance of a liberal education:

     That eloquence is of no effect without wisdom is a saying that is
     frequent and true. Whence it is evident that to be of effect it
     operates within the limits of wisdom. Therefore eloquence is
     effective in proportion to the measure of wisdom which each one
     has acquired; for the former does harm if it is dissociated from
     the latter.

     From this it follows that dialectic, which is the quickest and
     most prompt among the hand-maids of eloquence, is of use to each
     one in proportion to the measure of his knowledge. For it is of
     most use to him who knows the most and of least use to him who
     knows little. For as the sword of Hercules in the hand of a pygmy
     or dwarf is ineffective, while the same sword in the hand of
     Achilles or Hector strikes down everything like a thunderbolt, so
     dialectic, if it is deprived of the vigor of the other
     disciplines is to a certain degree crippled and almost useless.
     If it is vigorous through the might of the others, it is powerful
     in destroying all falsehood and, to ascribe the minimum to it,
     it is adequate for the proper discussion of all things ...

     Now it is very easy for each workman to talk about his own art;
     but to do skilfully what the art requires, is most difficult. For
     what physician is there who does not talk often and much about
     elements, and humors, and complexions, and diseases, and the rest
     that pertain to physic? But he who gets well on such talk could
     well have afforded to be even sicker. What ethical teacher has
     not an abundance of rules for good living so long as they exist
     only on his lips? But it is clearly a much harder task to express
     them in actual life. Mechanics, individually, talk glibly about
     their own arts, but not one of them so lightly vies (in practice)
     with the architect or the boxer. It is the same in every other
     line. So it is very easy to talk about definition, arguments, or
     genus and the like, but to devise these same things within the
     limits of a single art for the purpose of performing fully the
     functions of the art, is far more difficult [i.e. to discuss
     logic in the abstract is easy, but to reason logically in any
     specific field of knowledge is difficult]. Therefore he who is
     hampered by a dearth of the disciplines will not have the power
     which Dialectic promises and affords.[15]

The views of John of Salisbury concerning the study of Aristotle are
indicated on pages 42-44.


2. THE NEW METHOD

The new method of study and investigation, developed by Abelard, was a
second influence of importance in the growth of universities. The method
itself--later known as the scholastic method--is illustrated on pages
20, 58, 121 ff. The present section therefore merely indicates the ways
in which it influenced the course of higher education.

(_a_) The new method was one cause of the awakened interest in study
and investigation. Its effect is thus described by the most learned
historian of mediaeval universities:

     Paris and Bologna experienced before all other schools, and
     nearly simultaneously, at the beginning of the twelfth century,
     an unexpected, almost sudden development. For in these schools
     alone a definite branch of learning was treated ... by a new
     method, adapted to contemporary needs, but hitherto unknown, or
     insufficiently known, to other teachers of the period; and
     thereby a new era of scientific investigation was inaugurated.
     This new method had an attractive power for teachers and scholars
     of various countries ... In this way the cornerstones of
     permanent abodes of learning were laid. The continually growing
     number of scholars brought with it the increase of teachers; the
     desire of both classes for learning was awakened; and this
     desire, and the combative exchange of ideas in the
     disputations,--which now first became really established in the
     schools as a result of the new method,--were effective forces to
     keep investigation active, and the schools themselves from
     decline.

     In Paris, it was the cultivation of Logic, but chiefly the new
     method in Theology, ... developed in various ways especially by
     Abelard and other teachers, and extended by his contemporaries
     and their disciples ... which caused the revolution in the
     schools of that city.[16]

(_b_) The new method of Abelard established a new form of exposition,
and consequently a new mode of teaching, in Canon Law and in Theology.
The earliest university text-book in Canon Law--the "Decretum" of
Gratian--adopted this method, with some modifications. It was followed
in portions of the chief text-book in Theology,--the "Sentences" of
Peter Lombard. Variously modified, it became the method used in all
subsequent scholastic philosophy and theology. It was widely used in
connection with other university studies. In general, it was to
mediaeval education what the method of experiment is to the study and
teaching of modern natural science. A good illustration of its recent
use is Thomas Harper's "Metaphysic of the School."

(_c_) The scholastic method became the basis of one of the most
important university exercises,--the disputation or debate, which was
employed in every field of study.[17]


3. THE NEW STUDIES

During the twelfth and thirteenth centuries the intellectual life of
western Europe was enriched by the addition of a group of books, old and
new, which were destined to influence profoundly the growth of the
universities, as well as the whole course of mediaeval life and thought.
Without some such addition to the stock of learning higher education
could hardly have developed at all, for the materials available for it
previous to the twelfth century were decidedly scanty. The books
presently to be described furnished a body of advanced and solid
instruction, suited to the needs of the times. They formed one of the
permanent influences which both developed and maintained centers of
higher education, for the new learning was not less potent in
attracting students than the fame of individual teachers or the new
method of study.

The greater number of the books which formed the body of university
instruction were recoveries from the mass of ancient and long-disused
Greek and Roman learning, together with a few works of Arabic and Jewish
origin. To this group belong the works of Aristotle, the body of Roman
Law, and the medical works of Galen, Hippocrates, and various Arabic and
Jewish physicians. In the main, these had been hitherto unknown in
western Europe, or at least practically for-gotten since the days of the
Roman Empire. In the twelfth and thirteenth centuries they were
collected and made generally accessible to students. Those not
originally written in Latin were now translated into Latin; manuscript
copies were multiplied and widely diffused.

But the intellectual activity of the times accomplished much more than
the recovery of some fragments of ancient learning; it also created two
new fields of study,--Scholastic Philosophy and Theology, and Canon
Law,--and produced the text-books which marked them off as distinct and
professional studies. The book which established the _method_ of these
studies was Abelard's "Yes and No" (see p. 20); but the works which
furnished the substance of university instruction were, in Theology, the
"Sentences" (Sententiae) of Peter Lombard, and in Canon Law, the
"Decree" (Decretum) of Gratian, which was also known as the "Harmony of
Contradictory Canons" (Concordia Discordantium Canonum), and additions
thereto, indicated on page 56.

Thus, during the twelfth and thirteenth centuries, the growth of
universities was stimulated by the development of a great body of
learning hitherto inaccessible or unknown. The striking nature of this
development will be clearer if we recall that no addition to the
learning of western Europe in the least degree comparable to this had
been made during the entire seven centuries preceding.

The books above mentioned did not constitute the sole resources for
higher education. Besides the already long-used text-books on the Seven
Liberal Arts there were mathematical and philosophical works of Arabic
origin, and as the revival progressed many new books were written on the
old subjects. But the books already named were fundamentally important
as furnishing not only the early intellectual impulse to the growth of
universities, but also the main body of studies in the Faculties of
Arts, Theology, Law, and Medicine down to the year 1500. Many of them
were in use at a much later date, and some--with many revisions--are
still standard text-books. No one can understand the intellectual life
of the universities who does not have some acquaintance with the titles
and contents of these works. It may be added that acquaintance with them
is essential also to the understanding of European history and
literature. This section is therefore devoted to certain details
concerning the early history of university studies.


(a) _The Works of Aristotle_

The works of Aristotle were composed in Athens, 335-322 B.C. Their
history, from the time of Aristotle's death to their appearance in Latin
translations in western Europe, fifteen hundred years later, cannot be
here detailed. The translations commonly used in the universities were
nearly all made during the twelfth and thirteenth centuries. The earlier
ones were made in Spain, from Arabic versions of the original Greek; the
later, directly from Greek copies found in Constantinople, and elsewhere
in the East. The Arabic-Latin translations were very poor, owing to the
two removes from the original Greek and the incapacity of the
translators. Those directly from the Greek were somewhat better, yet far
from satisfactory; and new versions were repeatedly made down to the end
of the fifteenth century. University reforms sometimes included the
adoption of these better translations (see p. 48).

The works known by the year 1300 may be classified in four groups:

                 {1. Categories            = {Predicamenta.
I. Logical       {                           {Categoriae.
treatises        {2. On interpretation     = {De Interpretatione.
commonly         {                           {Peri Hermeneias.
referred to      {3. Prior Analytics       =  Analytica Priora.
as the Organon   {4. Posterior Analytics   =  Analytica Posteriora.
or               {5. Topics                =  Topica.
Methodology      {6. Sophistical}          =  Sophisticae Elenchi.
                 {   Refutations}

II. Moral        {7. Politics.
and Practical    {8. Ethics.
Philosophy       {9. Rhetoric.
                 {10. Poetics.
                 {11. A Physical Discourse (Physics).
                 {12. On the Heavens.
                 {13. On Generation and Destruction.
                 {14. Meteorologies.
                 {15. Researches about Animals.
                 {16. On Parts of Animals.
                 {17. On Locomotion of Animals.
                 {18. On Generation of Animals.
III. Natural     {19. On the Soul.
Philosophy.      {20. Appendices to the work "On the Soul."
                 {      (_a_) On Sense and Sensible Things.
                 {      (_b_) On Memory and Recollection.
                 {      (_c_) On Sleep and Waking.
                 {      (_d_) On Dreams and Prophesying in Sleep.
                 {      (_e_) On Longevity and Shortlivedness.
                 {      (_f_) On Youth and Old Age.
                 {      (_g_) On Life and Death.
                 {      (_g_) On Respiration.

IV. Rational     {21. Metaphysics.
Philosophy.      {

This encyclopedic collection became accessible in Latin translations
only by slow degrees. Abelard knew only the first two (possibly also the
third and fourth) works of the Organon. John of Salisbury, in the next
generation, was familiar with the six treatises of the Organon, but
apparently not with the others. Little seems to have been added to these
until the beginning of the thirteenth century, when the Ethics, the
Physics, and the Metaphysics were mentioned at Paris,--the last two as
forbidden works. The great era of translation seems to have been between
1200 and 1270, when both Arabic-Latin and Greek-Latin versions were made
of most of the remaining treatises. The recovery of Aristotle thus
occupied more than a century and a half. During that period the
intellectual life of western Europe was stimulated by the influx of
hitherto unknown works of that philosopher, and weighty additions were
made to the list of available studies.

As usual, the world of scholars and the universities were slow to
recognize the worth of the new studies. This was due partly to the
natural conservatism of teachers, and partly to the fear of
ecclesiastical authorities that the study of Aristotle would give rise
to heresies. Thus in the documents of the time we meet, on the one hand,
vigorous arguments by progressive scholars in favor of Aristotle, and on
the other, university regulations prescribing what books shall or shall
not be studied.

The attitude of Abelard toward Aristotle has already been cited (see p.
19).

His pupil, John of Salisbury, devotes a considerable portion of the
_Metalogicus_ to a discussion of the utility of the various portions of
the Organon and to the defense of Aristotle, as is shown by the titles
of various chapters of that work. It is important to remember that he is
advocating the study of the _newly_ translated books, as well as those
already known:

     That Logic, because it seeks the truth, takes the lead in all
     Philosophy.

     On the usefulness of the Categories and their appliances.

     What Conception is, and the usefulness of the Periermeniae or
     more correctly Periermenia. [Peri Hermeneias. On Interpretation.]

     Of what the Body of Art consists; and on the usefulness of the
     Topics.

     Why Aristotle deserved more than others the name of philosopher.

     That Aristotle erred in many ways; that he is eminent in Logic.

John of Salisbury clearly recognized the supremacy of Aristotle among
logicians. After naming Apuleius, Cicero, Porphyry, Boethius, Augustine,
and others, he adds:

     But while individually they shine forth because of their own
     merits, they all boast that they worship the very footsteps of
     Aristotle; to such a degree, indeed, that by a sure pre-eminence
     he has made peculiarly his own the common name of all
     philosophers. For by Antonomy [a figure of speech] he is called
     The Philosopher _par excellence_.

It is clear, however, that Aristotle had by no means attained, at the
middle of the twelfth century, the authoritative position which he held
a hundred years later. This appears in the chapter "On those who Carp at
the Works of Aristotle":

     I cannot sufficiently wonder what sort of a mind they have (if,
     that is, they have any) who carp at the works of Aristotle,
     which, in any case, I proposed not to expound but to praise.
     Master Theodoric, as I recall, ridiculed the Topics,--not of
     Aristotle, but of Drogo. Yet he once taught those very Topics.
     Certain auditors of Master Robert of Melun calumniated this work
     as practically useless. All decried the Categories. Wherefore I
     hesitated some time about commending them; but [there was no
     question as to] the rest of his works, since they were commended
     by the judgment of all; but I did not think that they should be
     praised grudgingly. Yet opposition is made to the Elenchi
     [Sophistical Refutations], though stupidly, because it contains
     poetry; but clearly the idiom of [the Greek] language does not
     lend itself readily to translation. In this respect the Analytics
     seem to me preferable, because they are no less efficient for
     actual use, and because by their easier comprehension they
     stimulate eloquence.[18]

The slowness with which these works made their way is described by Roger
Bacon at the end of the thirteenth century.

     But a part of the philosophy of Aristotle has come slowly into
     the use of the Latins. For his Natural Philosophy and
     Metaphysics, and the Commentaries of Averrhoes and of others,
     were translated in our times, and were excommunicated at Paris
     before the year of our Lord 1237 on account of [their heretical
     views on] the eternity of matter and of time, and on account of
     the [heresies contained in the] book on Interpretation of Dreams
     (which is the third book on Sleep and Wakefulness), and on
     account of the many errors in the translation. The Logicalia were
     also slowly received and read, for the blessed Edmund, Archbishop
     of Canterbury, was the first at Oxford, in my time, to lecture on
     the book of Elenchi [Sophistical Refutations] and I saw Master
     Hugo who at first read the book of Posterior Analytics, and I saw
     his opinion. So there were few [books] which were considered
     worth [reading] in the aforesaid philosophy of Aristotle,
     considering the multitudes of Latins; nay, exceedingly few and
     almost none, up to this year of our Lord 1292. So, too, the
     Ethics of Aristotle has been tardily tried and has lately been
     read by Masters, though only here and there. And the entire
     remaining philosophy of Aristotle in a thousand volumes, in which
     he treated all the knowledges, has never yet been translated and
     made known to the Latins.[19]

The last sentence of the account displays an ignorance of the number of
Aristotle's extant writings which was doubtless shared by all of Bacon's
contemporaries. Earlier writers, beginning with Andronicus of Rhodes
(first century B.C.), had also placed the number at one thousand; Bacon
probably copied the statement from one of these.

The attitude of ecclesiastical authorities toward the study of Aristotle
at Paris is expressed in a series of regulations extending over nearly
half a century (1210-1254). They indicate at first a fear of certain of
the newly translated books on account of their heretical views, as is
stated by Roger Bacon (p. 44). This suspicion gradually disappears; and
by 1254 all the more important works of Aristotle are not only approved,
but prescribed for study.

In 1210 a church council held at Paris sentenced certain heretics to be
burned, condemned various theological writings, and added:

     Nor shall the books of Aristotle on Natural Philosophy, and the
     Commentaries [of Averrhoes on Aristotle] be read in Paris in
     public or in secret; and this we enjoin under pain of
     excommunication.[20]

In 1215 the statutes of the Papal Legate, Robert de Courçon, for the
University, prescribe in detail what shall, and what shall not, be
studied:

     The treatises of Aristotle on Logic, both the Old and the New,
     are to be read in the schools in the regular and not in the
     extraordinary courses. On feast-days [holidays] nothing is to be
     read except ... the Ethics, if one so chooses, and the fourth
     book of the Topics. The books of Aristotle on Metaphysics or
     Natural Philosophy, or the abridgments of these works, are not to
     be read.[21]

In other words, the Old and New Logic are prescribed studies; the
Ethics, and Topics, Bk. IV, are optional; the Metaphysics and the
Natural Philosophy are forbidden.

Sixteen years later (1231) the Statutes of Pope Gregory IX for the
University prohibit only the Natural Philosophy, and even these works
only until they are "purged from error":

     Furthermore, we command that the Masters of Arts ... shall not
     use in Paris those books on Natural Philosophy which for a
     definite reason were prohibited in the provincial council [of
     1210], until they have been examined and purged from every
     suspicion of error.[22]

The final triumph of Aristotle in the University is indicated by the
statute of the Masters of Arts in 1254.[23] It must have had at least
the tacit approval of the pope or his delegate. The statute is too long
to quote effectively to the point. None of the works are forbidden, and
a large number are prescribed. The list of works mentioned includes--

(1) The six logical treatises of the Organon; (2) Ethics, Bks. I-IV; (3)
Physics, On the Heavens and the Earth, Meteorologics, On Generation, On
Animals, On the Soul, On Sense and Sensible Things, On Sleep and Waking,
On Memory and Recollection, On Life and Death; (4) Metaphysics. To these
are added two other works then believed to be Aristotle's,--On Plants,
and On Causes,--and numerous books by other authors (named on p. 137)
which do not concern the present discussion. A comparison of the list
above with the list on page 40 will show that nearly the whole range of
Aristotle's works is prescribed. Comparison with the statute of 1215
will show not only a change of view regarding the works then forbidden,
but also an immense broadening of the studies of the Faculty of Arts in
the course of forty years.

The foregoing details are cited to give an idea of the first stage of
the question of Aristotle in the universities. The statute of 1254 may
be taken as closing the long struggle for the recognition of his works.
The broad principle of their general acceptance had been established;
thenceforward for nearly three centuries they remained the dominant
studies of the Faculties of Arts everywhere.

These centuries include the second period of their academic history.
Their authority is now hardly questioned; and woe to the questioner!
They furnish the basis for the great structure of scholastic philosophy;
they are reconciled with Christian doctrine. Aristotle is thenceforward
"The Philosopher"--he is so styled even in modern scholastic philosophy;
he is "the forerunner of Christ in things natural," "the master of those
who know." In this period, then, academic debate concerned itself with
matters of detail. What portions of his works should be studied for the
various degrees in Arts? In what order should they be studied? What
comments should be read? What translations should be used? So late as
1519 these are the chief questions considered in the reformed plan of
studies in Arts at Leipzig. The reader will note the stress laid upon
the study of the text itself; the exclusion of frivolous comments, and
the use of the latest translations by Greek scholars.

     Inasmuch as no good thing is more desirable than philosophy, as
     Cicero says, and none more advantageous has been given to the
     race of mortals, or granted by heaven, or will ever be given as a
     gift; in order that we may possess this too, we choose as our
     guide Aristotle, whom we cause to be commended for his knowledge
     of facts, the number of his works, his ability in speaking, and
     the acumen of his intellectual powers. Nor will we interpret the
     visions and involved questions of his interpreters, since it is
     characteristic of a very poor intellect to grow wise from
     commentaries only, in which, neglecting Aristotle's meaning, the
     Sophists dispute about empty trifles. But his works, translated
     in part by Archeropylus [Argyropulos], in part by Augustus Nipho
     and Hermolaus Barbarus and Theodoras Gaza, will be made clear in
     the order outlined below:[24] [Then follows the list of books,
     for which see p. 134].

The third stage of the debate concerning Aristotle began shortly after
1500. His works were less exclusively the subject of study: they were
being displaced by the Latin and Greek classics. They were, moreover,
the object of repeated attack. In 1536, in the University of Paris,
which had so long maintained their study, Pierre Ramus successfully
defended the startling thesis, "Everything that Aristotle taught is
false." This was only one sign of their loss of prestige. New and
improved text-books in Logic absorbed the useful portions of the
Organon; the authority of the Natural Philosophy waned with the rise of
experimental science; that of the Metaphysics yielded to the new
philosophy of Descartes. By the end of the seventeenth century they
ceased to be a potent factor in university studies.


(b) _The Roman Law_

The great compilation of the Roman Law known as the _Corpus Juris
Civilis_ (Body of Civil Law) constitutes a second important addition of
the twelfth century to the field of university studies. It was probably
more important as an influence upon the growth of universities than the
works of Aristotle.

The greater part of the Corpus Juris was compiled at Constantinople,
529-533 A.D., by certain eminent jurists under the Roman Emperor,
Justinian. The purpose of the work was to reduce to order and harmony
the mass of confused and contradictory statutes and legal opinions, and
to furnish a standard body of laws of manageable size in place of the
unwieldly mass of incorrect texts commonly in use, so that "the entire
ancient law, in a state of confusion for some fourteen hundred years and
now by us made clear, may be, so to speak, enclosed within a wall and
have nothing left outside it." The jurists entrusted with this work were
also required to prepare an introductory book for students, as described
below. After the completion of the whole work Justinian issued (533-565)
many new statutes (Novellae) which were never officially collected, but
which came to be considered a part of the Corpus Juris. The main
divisions of the Body of Civil Law are--

(1) The Code, in twelve books, which contains statutes of the Emperors
from the third century A.D.

     Since [says Justinian] we find the whole course of our statutes
     ... to be in a state of such confusion that they reach to an
     infinite length and surpass the bounds of all human capacity, it
     was therefore our first desire to make a beginning with the most
     sacred Emperors of old times, to amend their statutes, and to put
     them in a clear order, so that they might be collected together
     in one book, and, being divested of all superfluous repetition
     and most inequitable disagreement, might afford to all mankind
     the ready resource of their unalloyed character.[25]

(2) The Digest, or Pandects, in fifty books, containing extracts from
the opinions of Roman lawyers on a great variety of legal questions.
This work was also undertaken to bring order and harmony out of the
prevailing confusion:

     We have entrusted the entire task to Tribonianus, a most
     distinguished man, Master of the Offices, ex-quaestor of our
     sacred palace, and ex-consul, and we have laid on him the whole
     service of the enterprise described, so that with other
     illustrious and learned colleagues he might fulfil our desire.
     [He is] to collect together and to submit to certain
     modifications the very most important works of old times,
     thoroughly intermixed and broken up as they may almost be called.
     But in the midst of our careful researches, it was intimated to
     us by the said exalted person that there were nearly two thousand
     books written by the old lawyers, and more than three million
     lines were left us by them, all of which it was requisite to read
     and carefully consider and out of them to select whatever might
     be best. [This was accomplished] so that everything of great
     importance was collected into fifty books, and all ambiguities
     were settled, without any refractory passage being left.[26]

In mediaeval university documents the Digest is frequently mentioned in
three divisions, which probably indicate three separate instalments in
which the MS. of the work was brought to Bologna in the eleventh and
twelfth centuries: the Old Digest (Digestum Vetus) Bks. I-XXIV, title
ii, Infortiatum Bks. XXIV, title iii-XXXVIII, title iii, and New Digest
(Digestum Novum) Bks. XXXVIII, title iv-L. The meaning of the term
Infortiatum is uncertain.

     This distinction between the various parts of the Digest is
     purely arbitrary.... The division must have originated in an
     accidental separation of some archetypal MS.[27]

(3) The Institutes, in four books, an elementary text-book for students.
The purpose of the book was to afford a simple, clear, and trustworthy
introduction to the study of law, and to economize the student's time:

     When we had arranged and brought into perfect harmony the
     hitherto confused mass of imperial constitutions (i.e. the Code),
     we then extended our care to the vast volumes of ancient law;
     and, sailing as it were across the mid ocean, have now completed,
     through the favour of heaven, a work that once seemed beyond hope
     (i.e. the Digest).

     When by the blessing of God this task was accomplished, we
     summoned the most eminent Tribonian, master and ex-quaestor of
     our palace, together with the illustrious Theophilus and
     Dorotheus, professors of law, all of whom have on many occasions
     proved to us their ability, legal knowledge, and obedience to our
     orders; and we have specially charged them to compose, under our
     authority and advice, Institutes, so that you may no more learn
     the first elements of law from old and erroneous sources, but
     apprehend them by the clear light of imperial wisdom; and that
     your minds and ears may receive nothing that is useless or
     misplaced, but only what obtains in actual practice. So that,
     whereas, formerly, the junior students could scarcely, after
     three years' study, read the imperial constitutions, you may now
     commence your studies by reading them, you who have been thought
     worthy of an honour and a happiness so great that the first and
     last lessons in the knowledge of the law should issue for you
     from the mouth of the emperor.

     When, therefore, by the assistance of the same eminent person
     Tribonian and that of other illustrious and learned men, we had
     compiled the fifty books, called Digests or Pandects, in which is
     collected the whole ancient law, we directed that these
     Institutes should be divided into four books, which might serve
     as the first elements of the whole science of law.

     In these books a brief exposition is given of the ancient laws,
     and of those also, which, overshadowed by disuse, have been again
     brought to light by our imperial authority.

     These four books of Institutes thus compiled, from all the
     Institutes left us by the ancients, and chiefly from the
     commentaries of our Gaius, both in his Institutes and in his work
     on daily affairs, and also from many other commentaries, were
     presented to us by the three learned men we have above named. We
     have read and examined them and have accorded to them all the
     force of our constitutions.

     Receive, therefore, with eagerness, and study with cheerful
     diligence, these our laws, and show yourselves persons of such
     learning that you may conceive the flattering hope of yourselves
     being able, when your course of legal study is completed, to
     govern our empire in the different portions that may be entrusted
     to your care.

     Given at Constantinople on the eleventh day of the calends of
     December, in the third consulate of the Emperor Justinian, ever
     August (533)[28]

(4) The Novellae (Novels), or new statutes issued by Justinian between
the final edition of the Code and his death (534-565). These are really
a continuation of the Code, but they were never officially collected.

The Code and the Institutes were known and studied in Italy throughout
the Dark Ages, but the Digest, much the largest and most important part
of the Corpus Juris, was almost wholly neglected, if not unknown, until
the time of Irnerius of Bologna (_c._ 1070-1130). He and his co-laborers
collected and arranged the scattered parts of the entire Body of Civil
Law, and in particular introduced the Digest to western Europe. "Without
the Digest the study of Roman Law was in a worse position than the study
of Aristotle when he was known only from the Organon." In a most
important sense, therefore, the recovery of the Corpus Juris was a
contribution of the twelfth century to the group of available higher
studies. Hitherto Law had been taught usually as a mere branch of
Rhetoric, and as a part of a liberal education. The body of material now
made available was sufficient to occupy the student's entire time for
several years. It therefore attained standing as an independent subject,
and as a distinctly professional study.

The effect of this newly recovered body of learning upon the rise of
universities was very much like that of Abelard and his new method.
Students flocked in thousands to study law at Bologna, and toward the
close of the twelfth century the University was organized. Numerous
other universities arose directly from the same impulse, and "Law was
the leading Faculty in by far the greater number of mediaeval
universities" (Rashdall). Except for Canon Law, the Corpus Juris Civilis
remained the chief study of the Faculties of Law for more than five
centuries. Roman Law is still very generally taught in European
universities. Thus the impulse given by Irnerius and his co-laborers is
influential in university affairs of to-day.

The influence of Roman Law upon the social and political history of
Europe is far-reaching. The subject is beyond the limits of the present
work; but it is to be noted that this influence was exerted as a result
of its study in the universities (see Rashdall, Vol. II, Pt. II, pp.
708-709).

Rashdall and Denifle think that the example of Justinian inspired the
first mediaeval grant of special privileges to scholars (see p. 82). If
this is true, the Roman Law had a most important effect upon the history
of universities themselves. Two important mediaeval privileges for
masters and scholars were exemption from taxation and the right of trial
before special courts. Whether or not these were copied from the Roman
Law is a question; but the Code of Justinian, following the statutes of
earlier emperors, explicitly grants both of these privileges to
teachers. These are so often mentioned that it is worth while to present
those bearing on the subject:

     THE EMPERORS LEO AND ZENO, AUGUSTI, TO EUSEBIUS, MASTER OF
     OFFICES.

     By this law we decree that those who serve in the individual
     schools, and who, after completing the curricula of their duties,
     shall have reached the rank of chiefs and through the adored
     purple of our divinity have won the dignity of most illustrious
     Counts, shall enjoy both the girdle and all the privileges open
     to them, and hereafter to their life's end shall be subject to
     the court of Your Highness only, nor shall they be compelled by
     the command of any one else whomsoever to undergo civil
     litigation.

     Yet in criminal suits and in matters connected with public
     tribute we wish the appropriate jurisdiction of the rulers of the
     provinces to be recognized against even such men, lest, under the
     pretext of a granted privilege, either the influence of the
     wicked be increased or the public good be diminished.[29]

     THE EMPEROR CONSTANTINE, AUGUSTUS, TO THE PEOPLE.

     We direct that physicians, and chiefly imperial physicians, and
     ex-imperial physicians, grammarians and other professors of
     letters, together with their wives and sons, and whatever
     property they possess in their own cities, be immune from all
     payment of taxes and from all civil or public duties, and that in
     the provinces they shall not have strangers quartered on them, or
     perform any official duties, or be brought into court, or be
     subject to legal process, or suffer injustice; and if any one
     harass them he shall be punished at the discretion of the Judge.
     We also command that their salaries and fees be paid, so that
     they may more readily instruct many in liberal studies and the
     above mentioned Arts.

     Proclaimed on the fifth day before the Kalends of October (Sept.
     27) at Constantinople, in the Consulship of Dalmatius and
     Zenophilas.[30]


(c) _Canon Law_

About 1142 (the year of Abelard's death) Gratian, a monk of Bologna,
doubtless influenced by the school of Roman Law in that city, made a
compilation of the Canon Law, which included the canons or rules
governing the Church in its manifold activities,--"its relations with
the secular power, its own internal administration, or the conduct of
its members." Hitherto Canon Law had been regarded as merely a
subdivision of Theology, just as Roman Law had been considered a branch
of Rhetoric. It now became an independent subject,--further addition to
the body of higher studies. As an influence upon the development of
universities it was not less important than the _Corpus Juris Civilis_.

The compilation made by Gratian was added to in later generations, and
the whole body of church law was known in the fifteenth century as the
_Corpus Juris Canonici_ (Body of Canon Law). Its main divisions are:

     1. The Decree of Gratian _(Decretum Gratiani)_ in three parts,
     published c. 1142. Part I contains one hundred and one
     distinctions (_distinctiones_) or divisions, which treat of
     matters relating to ecclesiastical persons and offices. Dist.
     XXXVII is translated below. Part II contains thirty-six cases
     (_causae_) each of which is divided into questions
     (_quaestiones_). These questions deal with problems which may
     arise in the administration of the canon law. Part III contains
     five distinctions which deal with the ritual and the sacraments
     of the church. Under each distinction, or question, are arranged
     the canons--the views of ecclesiastical authorities--on the
     matter under discussion.

     2. The Decretals (_Decretales_), in five books, published by Pope
     Gregory IX in 1234.

     3. The Sixth Book (_Liber Sextus_), a supplement to the Decretals
     by Pope Boniface VIII, 1298.

     4. The Constitutions of Clementine (_Constitutiones
     Clementinae_), 1317.

     5. Several collections of papal laws not included in those above,
     known by the general title of _Extravagantes_, i.e., laws _extra
     vagantes_, or outside of, the four compilations just mentioned.

Among all these the _Decretum_ of Gratian was the great innovation
which first marked out Canon Law as a distinct field of learning,
separate from both Theology and Roman Law. It was written as a
text-book; "it was one of those great text-books which take the world by
storm." It created an entirely new class of students, separate from
those devoted to Arts, Theology, Roman Law, and Medicine,--just as the
development of Engineering and other new professional studies have
created new groups of university students to-day,--and thereby increased
the resort to the universities.

The selection following illustrates numerous characteristics of
mediaeval university study. (1) The question itself is a very ancient
subject of debate; the controversy, on religious grounds, concerning the
study of the classics, had already continued for nearly a thousand
years, and was destined to continue for centuries after the appearance
of the _Decretum_. Many such questions were debated in the universities
for generations. The debate on the classics still rages, though the
arguments pro and con no longer raise the point of their influence on
religious belief. (2) The selection is one among many examples of the
powerful influence of Abelard's method in mediaeval writing and
teaching. The reader will at once see in it the form of the "Yes and
No." (3) It gives a very good idea of the substance of a university
lecture, which would ordinarily consist in reading the actual text and
comments here set down (see p. 111). (4) It shows how the mass of
comments came to overshadow the original text, and by consequence to
absorb the greater part of the attention of teachers and students. One
object of university reform in all studies at the end of the fifteenth
and the beginning of the sixteenth century was to sweep away this
burdensome and often useless material, and to return to the study of the
text itself (see p. 48). (5) It illustrates a common mode of
interpreting in a figurative sense passages from the Bible which to the
modern reader seem to have no figurative meaning. Thus (pp. 64, 66) the
plagues of frogs and flies which Moses brought upon Egypt typify "the
empty garrulousness of dialecticians, and their sophistical arguments ";
the gifts of the three Magi to the infant Jesus signify "the three parts
of philosophy," etc. Mediaeval literature contains a great mass of such
interpretations.

The text and the "gloss," or commentary, are here placed on opposing
pages for the sake of clearness. The text is a compilation, chiefly from
earlier compilations; Gratian did not as a rule consult the sources
themselves. His pupil, Paucapalea, made many additions to the text, one
of which appears in this selection. The gloss here translated is the
standard commentary (_glossa ordinaria_) which was used for centuries in
the regular university lectures (see p. 108). Like the text, it is a
compilation from many sources. It was first made (c. 1212) by John the
German (Joannes Teutonicus), who added his own notes--usually signed
"John"--to his selections from earlier glossators. The names or titles,
often abbreviated, of commentators whom he quotes are frequently
appended to their notes, e.g. John of Fa[ënza], Hugo [of Pisa],
C[ardinalis], Lau[rentius Hispanus]; many notes are unsigned. About
1238 the compilation of John the German was revised and enlarged by
Bartholomew of Brescia, who also added comments from other writers, e.g.
Arc [hidiaconus]. This revision forms the greater part, if not the
whole, of the gloss which appears below.

The cross-references, in the comments below, are left untranslated. They
are mainly citations of other passages in the _Decretum_ itself. Such
references as XVI. quaest III. nemo are to be read, Case XVI, question
III, in the section beginning _Nemo_; XLVIII dist. sit rector means
Distinction XLVIII, in the section beginning _Sit rector_. Several of
the references in this selection are incorrect.

The gloss on this page belongs to the first line of text on page 60. It
forms, with the Summaries on later pages, a complete analysis of the
text. It indicates, first, the five subdivisions of the _distinctio_;
second, its general purport. Later summaries analyze small portions of
the text. (Cf. the description of the lecture by Odofredus, p. 111.)

This division is divided into five sections; the second begins: "Then
why ..." (p. 68); the third begins: "The report has come to as" (p. 74);
the fourth begins: "Christians are forbidden" (p. 75); the fifth begins:
"As therefore is evident" (p. 75). John of Fa.[A]

Summary. Here follows the thirty-seventh division in which the question
is asked whether it is fitting that the clergy be made acquainted with
profane literature, that is, the books of the heathen. And first he
proves that they should not be read (as far as "But on the other hand,"
p. 64). Then he proves the opposite and afterwards gives the solution
(to "Then why," p. 68). The first two chapters are plain.


     [SHALL PRIESTS BE ACQUAINTED WITH PROFANE LITERATURE, OR NO?]

     =But the question (_h_) is asked whether these men should be made
     acquainted with profane literature.=

     Here is what is written upon the matter in the fourth
     Carthaginian Council:

     =A Bishop should not read the books of the (_i_) heathen.=

     A bishop should not read the books of the heathen: those of
     heretics he may read carefully, either of necessity (_k_) or for
     some special reason.

     So Jerome to Pope Damasus on the prodigal son:

     =Priests are blameworthy who, to the neglect of the Gospels, read
     comedies.=

     We see priests of God, to the neglect of the Gospels and the
     Prophets, reading comedies, singing the Amatory words of bucolic
     verses, keeping Vergil in their hands, and making that which
     occurs with boys as a necessity (_k_) ground for accusation
     against themselves because they do it for pleasure.

     Idem:

     =They walk in the vanity and darkness of the senses who occupy
     themselves with profane learning.[B]=

     Does he not seem to you to be walking in the vanity of the
     senses, and in darkness of mind, who day and night torments
     himself with the dialectic art; who, as an investigator of
     nature, raises his eyes athwart the heavens and, beyond the
     depths of lands and the abyss, is plunged into the so-called
     void; who grows warm over iambics, who, in his over zealous mind,
     analyses and combines the great jungle of metres; and, (to pass
     to another phase of the matter), who seeks riches by fair means
     and foul means, who fawns upon kings, grasps at the inheritances
     of others, and amasses wealth though he knows not at the time to
     whom he is going to leave it?

(_h_) In this thirty-seventh division Gratian asks[C] whether one who
is to be ordained ought to be acquainted with profane literature. First,
however, he shows that the clergy ought not to give attention to the
books of the heathen.[D] Then he gives the argument on the other side
and offers this solution, that some read the books of the heathen for
amusement and pleasure, and this is forbidden, while some read for
instruction, and this is lawful, in order that, through these books they
may know how to speak correctly and to distinguish the true from the
false. John, as far as "Then why" (p. 68). And notice that in all the
chapters up to "But on the other hand" (p. 64) pleasure alone seems to
be forbidden.

(_i_) Therefore they ought not to hear the laws, for it is a disgrace to
them if they wish to be versed in forensic training. C. de testa
consulta divalia. But, on the other hand, the laws are divinely
promulgated through the mouths of princes as XVI. quaest. III, nemo.[E]
Some say that it is lawful to hear the laws in order that through them
the canons may be better understood. He argues in favor of this division
in the section beginning "Some read profane literature" (p. 70). John.

(_k_) In order that they may know how to speak correctly.

     Likewise [Jerome] on Isaiah:

     He who misunderstands the sacred scriptures, or makes a wrong use
     of profane wisdom, is drunken with wine[F] and with strong drink.

     They are drunken with wine who (_l_) misunderstand the sacred
     scriptures and pervert them, and through strong drink they make a
     wrong use of profane wisdom and the wiles of the dialecticians,
     which are to be called, not so much wiles as figures, that is,
     symbols, so-called, and images, which quickly pass away and are
     destroyed. Likewise, in accordance with tropology (_m_), we ought
     to regard as false prophets those who interpret the words of the
     scriptures otherwise than as the Holy Spirit utters them, and as
     divine those who from the inferences of their own minds and apart
     from the authority of divine words, proclaim as true the
     uncertain events of the future. Likewise, those who do not
     understand the Scriptures according to the actual truth eat sour
     grapes.

     Likewise [Jerome] in the Epistle to the Ephesians:

     Bishops are blamed who train their own sons in profane
     literature.[G]

     Let those bishops and priests read [this] who train their own
     sons in profane literature, and have them read those well-known
     comedies and sing the base writings of the actors of farces,
     having educated them perhaps on the money of the church.(_a_) And
     that which a virgin, or a widow, or any poor person whatever had
     offered, pouring out her whole substance as an offering for sin,
     this [is devoted] to a gift (_b_) of the calendar, and a
     saturnalian offering, (_c_) and, on the part of the grammarian
     and orator, to a thank-offering to Minerva, or else it is turned
     over for domestic expenses, or as a temple donation, or for base
     gain. Eli, the priest, was himself holy, but because ...


(_l_) The ears of those who misunderstand the words of the Master should
be cut off: as XXIV. quaest. I. si Petrus.[H]

(_m_) That is, in accordance with the moral[I] meaning, from trope, i.e.
a turning[J] or application, when we apply our words to the shaping of
character.

XLIII. distinct. sit rector.

Additio. They did the opposite and he writes of penitence, distinct. I.
super tribus. Archi.

(_a_) He argues contrariwise in dist. XXXI. omnino.

(_b_) Strena,--the first gift which is given at the beginning of the
Calendar[K]. It is given for a good omen. XXV. quaest. ulti. non
observetis.

It is called Strena as if from sine threna, i.e. without lamentation.

(_c_) Sportula (a gift) which is given for fables of Saturn, or for
celebrating the festival of Saturn, or for games of Saturn,--for good
luck.

     ...he trained not his sons (_d_) in every form of improving
     discipline, he fell prostrate and died.

     (Also from the replies of Pope Urban to Charles, Chapt. 48).

     Palea [Paucapalea, a pupil of Gratian]:

     Heretics, when disputing,[L] place the whole strength of their
     wits upon the dialectic art, which, in the judgment of
     philosophers, is defined as having the power not of aiding but of
     destroying study. But the dialectic art was not pleasing[M] to
     God the Father, Son, and Holy Spirit, for the Kingdom of God is
     in the simplicity of faith, not in contentious speech.

     Also Rabanus on the Afflictions of the Church:

     The blessed Jerome is beaten by an angel because he was reading
     the works of Cicero.

     We read about the blessed Jerome that when he was reading the
     works (_e_) of Cicero he was chidden by an angel because, being a
     Christian man, he was devoting himself to the productions of the
     pagans.

     [The discussion which follows, to "Hence Bede," etc., p. 66, is
     attributed, in modern editions, to Gratian.]

     Hence, too, the prodigal son in the Gospel is blamed because he
     would fain have filled his belly with the husks (_f_) which the
     swine did eat.

     Hence, too, Origen understands by the flies and frogs with which
     the Egyptians were smitten, the empty garrulousness of the
     dialecticians and their sophistical arguments.

     From all which instances it is gathered that knowledge of profane
     literature is not to be sought after by churchmen.

     But, on the other hand[N] one reads that Moses and Daniel were
     learned in all the wisdom of the Egyptians and Chaldeans.

     One reads also that God ordered the sons of Israel to spoil (_g_)
     the Egyptians of their gold and silver; the moral interpretation
     of this teaches that should we find in the poets either the gold
     of wisdom or the silver of eloquence, we should turn it to the
     profit of useful learning. In Leviticus also we are ordered to
     ...

(_d_) Such a one is rejected by the evidence, as VI. quaest. I. qui
crimen. Also, he cannot be a bishop. As XLVIII. dist. § necesse. Nay he
is called a dog rather than a bishop. As II. quaest. VII. qui nee. John.

(_e_) Because he read them for pleasure not for instruction, as de
conse. dist. V. non mediocriter.

(_f_) That is, with profane wisdom which fills but does not satisfy,[O]

(_g_) XIIII. quaest V. dixit.[P]

     ...offer up to God the first fruits of honey, that is, the
     sweetness of human eloquence. The Magi, too, offered three gifts,
     by which some would have us understand the three parts _(h)_ of
     philosophy.

     [The reader will note that the two paragraphs following belong
     more properly to the first part of the argument; they may be
     inserted just before the third paragraph above,--"From all which
     instances," etc.]

     Finally in his exposition of the Psalms, Cassiodorus bears
     witness that all the splendor of rhetorical eloquence, all the
     melody of poetic speech, whatever variety there may be of
     pleasing pronunciation, have their origin in divine Scriptures.

     Hence also Ambrose says concerning the Epistle to the Colossians:
     The sum total of celestial knowledge or of earthly creation is in
     Him who is their Fountain-head and Author, so that he who knows
     Him should not seek anything beyond, because He is goodness and
     wisdom in their completeness; whatever is sought elsewhere, in
     Him is found in its completeness. In Daniel and Solomon he shows
     that He is for infidels the source of all their eloquence and
     wisdom. Infidels do not so think, because they do not, in the
     Gospels and the prophets, read about astrology and other such
     like things, which are of slight _(i)_ worth because they avail
     not for salvation, but lead to error; and whoever devotes himself
     to these has no care for his soul; while he who knows Christ
     finds a treasure house of wisdom and knowledge, because he knows
     that which is of avail.

     Hence Bede says in the Book of Kings:

     =The clergy should not be prevented from reading profane
     literature.[Q]=

     He harms the mental acumen of readers, and causes it to wane, who
     thinks that they should in every way be prevented from reading
     profane books; for whatever useful things _(k)_ are found in them
     it is lawful to adopt as one's own. Otherwise Moses and Daniel
     would not have been allowed to become learned in the wisdom and
     literature of the Egyptians and ...

(_h_) I.e. Ethics, natural philosophy, rational philosophy.

(_i_) Compared with other knowledge. John.

(_k_) He argues that the useful is not vitiated by the useless as XVII.
      q. IV. questi s. dist. IX. si ad scripturas. Contra Joan.

     ...Chaldeans, whose superstitions and wantonness nevertheless
     they shuddered at. And the teacher _(l)_ of the gentiles himself
     would not have introduced _(m)_ some verses of the poets into his
     own writings or sayings.

     [On this Gratian comments:]

     Then why[R] are those [writings] forbidden to be read which, it
     ...

(_l_) For we read that when Paul had come to Athens he saw an altar of
the Unknown God on which it was written: "This is an altar of[S] the
Unknown God in whom we live and move and have our being." And with this
inscription the Apostle began his exhortation and made known to those
Athenians the meaning of this inscription,--continuing about our God and
saying: "Whom you pronounce Unknown, Him declare I unto you and
worship." Then Dionysius,[T] the Areopagite, seeing a blind man passing
by said to him (i.e. Paul), "If you will give sight to that blind man I
will believe you." Immediately, when the name of Christ had been
invoked, he was restored to sight and Dionysius believed.

(_m_) E.g. In the Epistle of Paul to Titus,[U] the quotation from
Epimenides the poet: "The Cretians are always liars, evil beasts, slow
bellies." I. quaest, i. dominus declaravit.

Also he introduced in the first Epistle to the Corinthians this from
Menander: "Evil communications often corrupt good manners." XXVIII.
quaestio I. saepe.

He used also this verse: "I shall hate if I can: if not, I shall love
against my will." But Jerome in his fifth division on Consecration often
used verses from Virgil and Augustine, this of Lucan's: "Mens hausti
nulla" &c. XXVI. quaestio V. nee mirum. And, as a lawyer, he uses the
authority of Vergil, ff. de rerum divisione, intantrum § cenotaphium;
and also, of Homer, insti. de Dontrahen. emp. § pretium.

     ...is shown so reasonably, should be read? Some (_n_) read
     profane literature for their pleasure, being delighted with the
     productions of the poets and the charm of their words; while
     others learn them to add to their knowledge, in order that
     through reading the errors, of the heathen they may denounce
     them, and that they may turn to the service of sacred and devout
     learning the useful things they find therein. Such are
     praiseworthy in adding to their learning profane literature.
     Whence blessed Gregory did not blame a certain bishop for
     learning it but because, contrary to his episcopal obligation, he
     read grammar to the people in place of the Gospel lesson.

     Hence also Ambrose writes concerning Luke:

     =Profane writings should be read that they may not be unknown.=

     Some we read (_o_) that we may not neglect (_a_) them; we read
     that we may not be ignorant of them; we read not that we may
     embrace them but that we may reject them.(_b_)

     So Jerome on the Epistle to Titus:

     =Grammar should be read in order that through it the Sacred
     Scriptures may be understood.=

     If anyone[V] has learned grammar or dialectics in order to have
     the ability to speak correctly and to discriminate between the
     true and the false, we do not blame them. Geometry (_c_) and
     Arithmetic and Music contain truth in their own range of
     knowledge, but that knowledge is not the knowledge of piety. The
     knowledge of piety is,--to know the law, to understand the
     prophets, to believe the Gospel, (and) not to be ignorant of the
     Apostles. Moreover the teaching of the grammarians can contribute
     to life, provided it has been applied to its higher uses.

     Idem:

     =From the example of Daniel it is established that it is not a
     sin to be learned in profane literature.=[W]

(_n_) Whence Saint Gregory in his LXXXVI Division, and in many places.

(_o_) This entire section should be read with regard to profane
knowledge according to Jerome, and the threefold reason why it should be
acquired is shown: namely that it be not neglected, that it be not
unknown, that it may be refuted[X]. So we read some, as the Old and New
Testament, that we may not neglect them. Some we read (as the Arts) that
we may not be ignorant of them. Some, as the writings of the heretics,
that we may refute them. Some (we read) that they be not neglected, as
the Old Testament.

(_a_) For although of no use yet knowledge of them is necessary, as in
dist. VII. cap. ult.

(_b_) As the books of heretics. As XXIV. quaestio III. cap. ult.

(_c_) Geometry. He does not mention Astronomy because this subject has
fallen into disuse as XXVJ. quaest. II. § his ita.

     Those who are unwilling to partake of the table (_d_) [i.e. meat]
     and wine of the king, that they may not be defiled, surely would
     never consent to learn that which was unlawful if they knew that
     (_e_) the wisdom and learning of the Babylonians was sinful. They
     learn, however, not that they may conform thereto, but that they
     may judge and convict. For example, if any one ignorant of
     mathematics should wish to write against the mathematicians, he
     would expose himself to ridicule; also in contending against the
     philosophers, if he should be ignorant of the dogmas of the
     philosophers. With this intent therefore they would learn the
     wisdom of the Chaldeans just as Moses had learned all the wisdom
     of the Egyptians. So too: If ever we are compelled to call to
     mind profane literature, and from it to learn things we before
     had omitted, it is not a matter of our personal desire, but, so
     to speak, of the weightiest necessity,--in order that we may
     prove that those events which were foretold (_f_) many ages ago
     by the holy prophets are contained (_g_) in the writings of the
     Greeks, as well as in those of the Latins and other Gentiles.

     So, too, from the synod of Pope Eugene:

     =Bishops should appoint teachers and instructors in suitable
     places.=[Y]

     The report has come to us with regard to certain regions that
     neither teachers, nor care for the pursuit of letters, is found.
     Therefore, in every way, care and diligence should be used by all
     the bishops among the peoples subject to them, and in other
     places where the necessity may arise, that teachers and
     instructors be appointed to teach assiduously the pursuit of
     letters and the principles of the liberal arts, because in them
     especially are the divine commands revealed and declared.

     Likewise Augustine in his book against the Manichaeans:

     =The vanity of the gentiles is repressed and refuted by the use
     of their own authorities.=

     If the Sibyl or Orpheus or other soothsayers of the gentiles,

(_d_) Daniel, Ananias, Misael[Z], Azarias.[AA] For it is disgraceful
for one who is in a discussion not to know the law in question.

(_e_) From the fact that Jerome here quotes the example of Daniel, the
argument is derived that in doubtful cases recourse should be had to the
example of our forefathers and others. XVI. quaest. I. sunt nonnulli.
XXII. quaest. I. ut noveritis. I quaest. VII. convenientibus. XII.
quaest. II questa. XVI. quaest. III. praesulum. XVI. quaest. I. cap.
ult. XXVI. quaest. II. non statutum. et cap. non examplo. C. de sen. et
interlo. nemo[AB] contra. The solution is that where rules fail recourse
must be had from similars to similars, otherwise not. XX. distinct. de
quibus;[AC] assuming that it is as there stated. Likewise the argument
holds that good is assumed from the very fact that it has come from
something good. As VII. quaest. I. omnis qui. & XXXIIII. quaest. I. cum
beatissimus. IX. quaest. II. Lugdunensis. XII. quaest. I. expedit.
XXVIII. quaest. I. sic enim. XXXI distinct, omnino. John.

(_f_) For example, as to the Incarnation, that passage in Virgil[AD]:
"Jam nova progenies caelo demittitur ab alto."

(_g_) As that passage from Ovid[AE], "Odero si potero: si non, invitus
amabo."

[The notes on the remaining paragraphs of the text are here omitted
owing to their length.]

     ...or philosophers, are said to have foretold any truth, it
     certainly has weight in overcoming the vanity of the pagans; not,
     however, in leading to the acceptance of their authority. For as
     great as is the difference between the prediction of the coming
     of Christ by the angels and the confession of the devils, so
     great a difference is there between the authority of the prophets
     and the curiosity of the sacrilegious.

     Likewise Pope Clement:

     =For the understanding of Sacred Scriptures knowledge of profane
     writings is shown to be necessary.=

     It has been reported to us that certain ones dwelling in your
     parts are opposed to the sacred teaching, and seem to teach just
     as it seems best to them, not according to the tradition of the
     fathers, but after their own understanding; for, as we have
     heard, certain ingenious men of your parts draw many analogies of
     the truth from the books they read. And there special care must
     be taken that when the law of God is read, it be not read or
     taught according to the individual's own mental ability and
     intelligence. For there are many words in divine scripture which
     can be drawn into that meaning which each one, of his own will,
     may assume for himself; but this should not be so, for you ought
     not to seek out a meaning that is external, foreign, and strange,
     in order, by any means whatsoever, to establish your view from
     the authority of scriptures; but you should derive from the
     scriptures themselves the meaning of the truth. And therefore it
     is fitting to gain knowledge of the scriptures from him who
     guards it according to the truth handed down to him by the
     fathers, and that he may be able correctly to impart that which
     he rightly learned. For when each one has learned from divine
     scriptures a sound and firm rule of truth, it will not be strange
     if from the common culture and liberal studies, which perhaps he
     touched upon in his youth, he should also bring something to the
     support of true doctrine,--in such manner, however, that when he
     learns the truth, he rejects the false and the feigned.

     Likewise Isidorus in his book of Maxims:

     =Why Christians should be forbidden read the productions of the
     poets.=

     Christians are forbidden to read the productions of the poets
     because through the allurements of their fables the mind is too
     much stimulated toward the incentives to unlawful desires.

     For not only by the offering of incense is sacrifice made to
     devils, but also by accepting too readily their sayings.


     [Gratian draws the CONCLUSION.]

     As therefore is evident from the authorities already quoted
     ignorance ought to be odious to priests. Since, if in ignorance
     of their own blindness they undertake to lead others, both fall
     into the ditch. Wherefore in the Psalm it is said: "Let their
     eyes be darkened that they may not see, and bow down their back
     always." For when those who go ahead are darkened, they who
     follow are easily inclined to bear the burdens of sinners.
     Therefore priests must endeavor to cast off ignorance from them
     as if it were a sort of pestilence. For although, in a few
     instances, it is said that a slave is flogged who does not do his
     master's will through ignorance of that will, this is not,
     generally understood of all. For the Apostle says: "If any man be
     ignorant, let him be ignorant," which is to be understood as
     referring to him who did not wish to have knowledge that he might
     do well.


     Hence Augustine in his book of Questions:

     Not every man who is ignorant is free from the penalty. For the
     ignorant man who is ignorant because he found no way of learning
     (the law) can be excused from the penalty, while he cannot be
     pardoned who having the means of knowledge did not use them.[31]


(d) _Theology_

As above noted, one of the two great contributions of the
twelfth-century revival of learning to the field of university studies
was scholastic theology. The number of books written on this subject was
enormous. The ponderous tomes, loaded with comments, make a long array
on the shelves of our great libraries, but they are memorials of a
battlefield of the mind now for the most part deserted. The importance
of the subject in the scheme of mediaeval education has been much
exaggerated; it was the pursuit of a very small minority of students. It
has a certain interest to the historian of education, however, as an
illustration of the way in which a method struck out by a single
original thinker may influence the work of scholars and universities for
generations. The method of scholastic theology is mainly due to Abelard.

     The roots of the nobly developed systems of the thirteenth
     century theology lie in the twelfth century; and all Sums of
     Theology, of which there was a considerable number, not only
     before Alexander of Hales [thirteenth century] but also before
     and at the time of Peter Lombard, may be traced back directly or
     indirectly to Paris.[32]

In this mass of theological writings one book stands out as the
contribution which for three centuries most influenced university
instruction in theology. This is the "Sentences" _(Sententiae)_ of Peter
Lombard (c. 1100-1160), in four books. The subjects discussed in this
work are similar to those treated by Abelard in the _Sic et Non_ (see
p. 20). In not a few instances it adopts the form of presentation used
in that book, i.e., the citation of authorities on both sides of the
case. Like the _Decretum_ of Gratian, it is an illustration of the
widespread influence of the _Sic et Non._

A great number of commentaries were written upon this book. A manuscript
note in one of the copies in the Harvard library states that four
hundred and sixty such commentaries are known; but I have been unable to
verify the statement.

In theory, the Bible was studied in the Faculties of Theology in
addition to the "Sentences"; but in the thirteenth century and later it
seems to have occupied, in practice, a minor share of the student's
attention. To this effect is the criticism of Roger Bacon in 1292:

     Although the principal study of the theologian ought to be in the
     text of Scripture, as I have proved in the former part of this
     work, yet in the last fifty years theologians have been
     principally occupied with questions [for debate] as all know, in
     tractates and summae,--horse-loads, composed by many,--and not at
     all with the most holy text of God. And accordingly, theologians
     give a readier reception to a treatise of scholastic questions
     than they will do to one about the text of Scripture.... The
     greater part of these questions introduced into theology, with
     all the modes of disputation (see p. 115) and solution, are in
     the terms of philosophy, as is known to all theologians, who have
     been well exercised in philosophy before proceeding to theology.
     Again, other questions which are in use among theologians, though
     in terms of theology, viz., of the Trinity, of the fall, of the
     incarnation, of sin, of virtue, of the sacraments, etc., are
     mainly ventilated by authorities, arguments, and solutions drawn
     from philosophy. And therefore the entire occupation of
     theologians now-a-days is philosophical, both in substance and
     method.[33]


(e) _Medicine_

The medical learning of western Europe was greatly enlarged during the
eleventh and twelfth centuries by the translation into Latin of numerous
works by Greek, Arabic, and Jewish physicians. These became the standard
text-books of the Faculties or Schools of Medicine. The Greek writers
most commonly mentioned in the university lists of studies are
Hippocrates (fifth century B.C.) and Galen (second century A.D.).
Several of their more important works were first translated--like those
of Aristotle--from Arabic versions of the original Greek. Avicenna (c.
980-1037) furnished the most important Arabic contribution. Accounts of
these men and their writings may be found in any good encyclopedia. For
the program of studies at Paris see D.C. Munro, "Translations and
Reprints," Vol. II, Pt. III. A list of the books used at Montpellier,
one of the most important medical schools, is given in Rashdall, Vol.
II, Pt. I, p. 123, and Pt. II, p. 780; the list for Oxford, p. 454 f.


(f) _Other University Text-books_

The foregoing sections indicate the books which furnished the
intellectual basis for the rise of universities, and particularly the
basis for their division into Faculties. They do not indicate by any
means the whole list of books used in the universities between 1200 and
1500; nor is it possible here to give such a list. Two facts only are
to be noted concerning them: First, a considerable number of books
already well known in the twelfth century were used in addition to those
mentioned above. Among these may be mentioned the Latin grammars of
Donatus (_fl._ 350 A.D.) and Priscian (_fl._ 500 A.D.), treatises by
Boethius (_c._ 475-525) on Rhetoric, Logic, Arithmetic, and Music, and
his translations of various portions of the _Organon_ of Aristotle, and
of the _Iagoge_, or Introduction to the Categories of Aristotle, by
Porphyry (_c._ 233-306). The Geometry of Euclid (_fl._ 300 B.C.) was
translated about 1120 by Adelard of Bath, and the Astronomy (Almagest)
of Ptolemy (second century A.D.) was pharaphrased from the Arabic by
Gerard of Cremona toward the close of the twelfth century, under the
title _Theorica Planetarum_.

Second, during the whole period under discussion there was an active
production of new text-books on the established subjects, some of which
were widely used in the universities. Among the grammars was the
_Doctrinale_ of Alexander da Villa Dei, written in 1199. This rhyming
grammar was enormously popular, and continued to be so, well into the
sixteenth century. The _Grecismus_ and _Labyrinthus_ of Eberhard of
Bethune (early thirteenth century), also grammars in rhyme, were widely
used. Logical treatises often mentioned in university programs of study
were _De Sex Principiis_ (On the Six Principles), written about 1150 by
Gilbert de la Porrée, a teacher of John of Salisbury; and the _Summulae_
of Petrus Hispanus (thirteenth century). In the thirteenth century
Albertus Magnus made a digest of all the works of Aristotle, which
proved to be easier for students than the originals, and which were
sometimes used in place of them. Among mathematical works of this
century were the _Algorismus_ (Arithmetic) and the _Libellus de Sphaera_
(On the Sphere) by John Holywood (Sacrobosco); and the _Perspectiva
Communis_, i.e. Optics, by John (Peckham) of Pisa. A treatise on Music
by John de Muris of Paris was produced in the early part of the
fourteenth century. All of these were well-known university text-books.
They appear in the list at Leipzig throughout the fifteenth century (see
p. 139).


4. UNIVERSITY PRIVILEGES

The privileges granted by civil and ecclesiastical powers constitute a
fourth important influence upon the growth of universities. Beginning
with the year 1158 a long series of immunities, liberties, and
exemptions was bestowed by State and Church upon masters and students as
a class, and upon universities as corporations. Masters and scholars
were, for example, often taken under the special protection of the
sovereign of the country in which they were studying; they were exempted
from taxation, and from military service; most important of all, they
were placed under the jurisdiction of special courts, in which alone
they could be tried. Universities as corporations were given, among
other privileges, the right to confer upon their graduates the license
to teach "anywhere in the world" without further examination, and the
very important right to suspend lectures, i.e. to strike, pending the
settlement of grievances against State or Church. They had, of course,
the general legal powers of corporations. Thus fortified, the
universities attained an astonishing degree of independence and power;
and their members were enabled to live in unusual liberty and security.
This fact in itself unquestionably tended to increase the university
population.

The masters and scholars of Bologna, Paris, and Oxford seem to have led
the way in securing privileges. Their precedent made it easier for later
universities to secure similar rights. These were sometimes established
"with all the privileges of Paris and Bologna," or "all the privileges
of any other university."

The authorities who granted privileges were the sovereigns of Various
countries,--the Emperor of the Holy Roman Empire, the kings of France,
England, the Spains--feudal lords, municipalities, and the Pope or his
legates. They usually conferred them upon special universities, or upon
the masters and students in specified towns, and sometimes only for a
definite term of years. Minor privileges differed greatly in different
localities, but the more important ones--indicated above--were possessed
by nearly all universities.

The documents which follow illustrate both the variety of privileges and
the variety of authorities who granted them.


(a) _Special Protection is granted by the Sovereign_

I. The earliest known privilege of any kind connected with the history
of mediaeval universities is the _Authentic Habita_. It was granted by
Frederick Barbarossa (Frederick I), Emperor of the Holy Roman Empire, at
the Diet of Roncaglia, Italy, in 1158; probably through the influence
of Doctors of Law from Bologna. These men were doubtless familiar with
the fact that similar privileges had been given to teachers and scholars
by various Roman emperors, some of which were preserved in the Code of
Justinian (see p. 54). The _Authentic Habita_ may be regarded as the
revival of an ancient Roman custom. The section of the _Authentic_
granting the special protection of the Emperor follows:

     After careful inquiry of the bishops, abbots, dukes, counts,
     judges, and other nobles of our sacred palace in regard to this
     matter, we, in our loving-kindness, do grant to all scholars who
     are travelling for the sake of study, and especially to
     professors of divine and sacred laws, this privilege: Both they
     and their messengers are to come in security to the places in
     which the studies are carried on, and there they are to abide in
     security. For we think it proper, in order that they may be
     upheld in their good works by our fame and protection, to defend
     from all harm, by definite special favor, those by whose
     knowledge the world is illumined unto obedience to God and to us
     his servants, and the lives of our subjects are moulded....
     Therefore by this law, which is of general effect, and is to be
     valid forever, we decree that hereafter no one shall show himself
     so bold as to presume to inflict any injury upon scholars, or,
     for an offence committed in their former province, to impose any
     fine upon them,--which, we have heard, sometimes happens through
     an evil custom. And let violators of this decree, and the local
     rulers at the time in case they have themselves neglected to
     punish such violation, know surely that a four-fold restitution
     of property shall be exacted from all, and that in addition to
     the brand of infamy affixed to them by the law itself, they shall
     be forever deprived of their official positions.[34]

2. In 1200 Philip Augustus of France made certain regulations regarding
the protection of students at Paris, and entrusted their execution to
the Provost of that city. This is the earliest known charter of
privileges for Paris. It should be read in connection with the following
selection. For the text in full see D.C. Munro, _l.c._ p. 4.

Small causes, great events! As is narrated in the contemporary account
given below, a simple tavern brawl led to the granting of these
extensive privileges. This is one among many examples of the way in
which the universities turned similar events to their own advantage. The
passage also exhibits a typical conflict between town and gown.

     On the dissension which existed between the Scholars and the
     Citizens of Paris. [1200 A.D.]

     In that same year a grave dissension arose between the scholars
     and the citizens of Paris, the origin of which was as follows:

     There was at Paris a notable German scholar who was bishop-elect
     of Liége. His servant, while buying wine at a tavern, was beaten
     and his wine jar was broken. When this was known, the German
     clerks came together and entering the tavern they wounded the
     host, and having beaten him they went off, leaving him half dead.
     Therefore there was an outcry among the people and the city was
     stirred, so that Thomas, the Provost of Paris, under arms, and
     with an armed mob of citizens, broke into the Hall of the German
     clerks, and in their combat that notable scholar who was
     bishop-elect of Liége, was killed, with some of his people.

     Therefore the Masters of the scholars in Paris going to the King
     of France complained to him of Thomas, the Provost of Paris and
     of his accomplices who killed the aforesaid scholars. And at
     their instance the aforesaid Thomas was arrested, as were certain
     of his accomplices, and put in prison. But some of them escaped
     by flight, leaving their homes and occupations; then the King of
     France, in his wrath, had their houses demolished and their vines
     and fruit trees uprooted.

     But as to the Provost, it was decided that he should be kept in
     prison, not to be released until he should clear himself by the
     ordeal of water or sword, and if he failed, he should be hung,
     and if he was cleared he should, by the King's clemency, leave
     the kingdom.

     And yet the scholars, pitying him, entreated the King of France
     that the Provost and his accomplices after being flogged after
     the manner of scholars at school, should be let alone and be
     restored to their occupations.

     But the King of France would not grant this, saying that it would
     be greatly derogatory to his honor if any one but himself should
     punish his malefactors. Furthermore, this same King of France,
     being afraid that the Masters of the scholars, and the scholars
     themselves, would withdraw from his city, sought to satisfy them
     by decreeing that for the future no clerk should be haled to a
     secular trial on account of any misdemeanor which he had
     committed, but that if the clerk committed a misdemeanor he
     should be delivered over to the Bishop and be dealt with in
     accordance with the clerk's court. Also this same King of France
     decreed that whoever was the Provost of Paris should take oath
     that he would be loyal to the clerks, saving his loyalty to the
     King. Moreover this same King conferred upon the scholars his own
     sure peace and confirmed it to them by his own charter.

     But that Provost, when he had been detained in the King's prison
     for many days planned his escape by flight, and, as he was being
     lowered over the wall, the rope broke, and falling from a height
     to the ground, he was killed.[35]

3. Special protection for a limited time is granted more explicitly by
Philip IV in 1306:

     Philip, by the grace of God King of France and Navarre, to our
     Provost at Paris, greeting. Whereas the University, masters and
     Scholars at Paris, are under our special guardianship and
     protection as they--both Masters, and Scholars as well--come to
     their studies, stay in the said city, or return to their own
     places; and inasmuch as injuries, annoyances, oppression, and
     violence are frequently inflicted upon them, as we have heard,
     not only in your prefecture but in other places also, to the
     prejudice of our guardianship,--which wrongs could not be
     prosecuted outside of Paris in any way which would prevent them
     from being distracted from their studies, to their serious
     prejudice and that of the aforesaid University, and from being
     harassed by serious struggles and expense,--therefore we entrust
     and commit to you their protection and custody, and in addition
     thereto the restraint of those persons who, to the prejudice of
     our protection and guardianship, inflict upon the above-mentioned
     Masters or Scholars unjust violence, injury or loss, either
     within the limits of your prefecture or in other places of our
     kingdom, wheresoever the aforesaid wrongs are committed.

     This present arrangement is to be in force for a period of two
     years only.[36]

4. The personal property of Masters and Scholars is protected.

     The privilege of Philip Augustus for Paris, 1200.

     Also our judges [of the secular courts] shall not lay hands on
     the chattels of the students at Paris for any crime whatever. But
     if it seem that these ought to be sequestrated, they shall be
     sequestrated and guarded after sequestration by the
     ecclesiastical judge, in order that whatever is judged legal by
     the ecclesiastical judge may be done.[37]

More comprehensive protection is given by the charter of Philip IV,
1340/41, concerning Masters and Scholars at Paris. The king decrees--

     Likewise, that their goods and means of support, whereon they
     have and will have to live in pursuing their studies as
     aforesaid, in consideration of their status, shall not be taken
     for our use or that of our subjects or be in any way whatever
     interfered with under cover of wars or any other pretext
     whatever, by any persons whatever, of whatever condition, status,
     or prominence they may be.[38]


(b) _The Sovereign grants to Scholars the Right of Trial in Special
Courts, in the City in which they are studying._

This remarkable privilege was one great source of the liberty of
mediaeval scholars. Under its protection they could not be summoned to a
court outside the university town, even to answer for an offense
committed elsewhere; the plaintiff must appear at the town in which they
were studying, and before specified judges, who were at least not
inclined to deal severely with scholars. At Paris scholars were not only
protected as defendants, but they had the right as plaintiffs to summon
the accused to Paris.

1. The earliest document on the subject is the concluding section of the
_Authentic Habita_, described above:

     Moreover, should anyone presume to bring a lawsuit against the
     scholars on any ground, the choice [of judges] in the matter
     shall be given to the said scholars, who may meet their accusers
     before either their professors or the bishop of the city, to whom
     we have given jurisdiction in this matter. But if, in sooth, the
     accusers shall attempt to hale the scholar before another judge,
     the scholar shall escape from the merited punishment, even though
     the cause be most just, because of such attempt.

This provision is reminiscent of, if not actually inspired by, a similar
provision for scholars in the Code of Justinian (see p. 54). The
_Authentic Habita_ as a whole is important as the fundamental charter of
university privileges in Italy, if not in other countries. It was not
granted to a university,--indeed, no university was apparently then in
existence,--nor to the scholars of any special town; it was "of general
effect." But "this pre-university charter was usually recognized as the
basis of all the special privileges conferred on particular (Italian)
universities by the States in which they were situated."[39] Probably it
suggested, directly or indirectly, the granting of similar privileges to
universities in other countries. It certainly affected those
universities which were founded "with all the privileges of any other
university." Two further illustrations follow.


2. In 1245 Pope Innocent IV exempted students at Paris from citation to
ecclesiastical courts outside of Paris, in order that their studies
might not be interrupted:

     To the masters and scholars at Paris. In order that you may carry
     on your studies more freely and be less occupied with other
     business, we grant your petitions, and by the authority of this
     present letter bestow upon you the privilege of not being haled
     by apostolic letters beyond the limits of the city of Paris upon
     questions that have arisen within its limits, unless [these
     letters] make express mention of this privilege.[40]

3. The same privilege was granted as regards civil courts by Philip IV
in 1340/41:

     ... The Masters and Scholars studying at Paris, if summoned by
     any secular judges of our realm, shall not be haled and cited to
     their courts outside of Paris; nor shall laymen who are subject
     to our rule attempt to bring this about.[41]

This right was known at Paris as the _jus non trahi extra_ (right of not
being haled outside). "It became henceforth _the_ characteristic
university privilege, not only of Paris but of all universities which
were in any degree influenced by Parisian usage."[42]


(c) _Exemption from Taxation_

One of the most important privileges enjoyed by modern universities (in
common with other educational institutions, and with churches) is
exemption from taxation. This privilege is directly traceable to those
of the mediaeval universities, and possibly through them to Roman laws
on the subject. In the early history of universities the privilege was
held, not by the corporations as such, but by masters and scholars as
individuals.

1. One example of such exemption is found in the charter of Philip IV,
1340/41, already quoted:

     To the aforesaid Masters and Scholars [of Paris], now in
     attendance at the University, and to those who are hereafter to
     come to the same University, or who are actually preparing in
     sincerity so to come, also while [they are] staying at the
     University, or returning to their own homes, _we grant_ ... that
     no layman, of whatever condition or prominence he may be, whether
     he be a private person, prefect, or bailiff, shall disturb,
     molest, or presume otherwise in any way whatsoever to seek to
     extort anything from the aforesaid Masters and Scholars, in
     person, family or property, under pretext of toll, _tallia_
     [special form of feudal tax], tax, customs, or other such
     personal taxes, or other personal exaction of any kind, while
     they are either coming to the University itself, or actually
     preparing in sincerity to come, or returning to their own homes;
     and whose status as scholars shall be established by the proper
     oath.

2. The charter of the University of Leipzig, in 1409, exempts certain
property of the corporation, as such, from taxes:

     Likewise in said town, in behalf of the aforesaid University, and
     for the increase of the same, we have instituted and founded two
     Colleges, ... and for these we have given and assigned two houses
     ... and these same houses of the said Colleges we have made free
     from all _losunge_, exactions, contributions, _steura_, laws,
     taxes, and from the control of the citizens of the
     beforementioned town; and of our sure knowledge we incorporate
     them and make them free for the advantage of the aforesaid
     University.[43]

The words _steura_ and _losunge_ refer to special forms of taxes whose
exact nature is not known.

3. Not only were Masters, students, and corporate property exempt from
taxation, but also persons connected with the universities in
subordinate capacities. There was much dispute in some places as to the
number and occupations of those who might be thus exempted. The
following letter of Henry VI of England to the University of Caen,
Normandy, settles one of these disputes.

On January 22, 1450, the King refused to free the dependents of the
university from taxation. The Masters and Scholars thereupon made formal
complaint to him that this refusal hindered the free and peaceful
pursuit of their studies as guaranteed by his charter of 1432 (see p.
103). In reply (February 13, 1450), the King recognized the justice of
the complaint and granted the desired privilege. Compare the similar
exemption in the Harvard Charter of 1650 (p. 101). The letter is
apparently addressed to the Bailiff of Caen and other royal officials.

     Nevertheless since those letters of ours [of January 22] were
     sent, proper and true objection has been made to us as to those
     privileges, whereby we have well understood that the Doctors,
     Masters, Scholars, dependents, officers, households and servitors
     should not be subject to or obliged to contribute to such
     villein-taxes, aides, and octrois.

     Therefore is it, that we--wishing our letters, gifts of
     privileges, and commands to be guarded and supported without any
     diminution or loss in any manner whatever, but to be increased,
     augmented and maintained--have regarded and also considered the
     fact that said members of our said daughter [i.e. the University]
     could not well carry out the requirements of study, or continue
     therein, if their servitors and households did not enjoy and use
     such and similar privileges as said members. Desiring, with all
     our heart the maintenance, continuation and increase of our said
     University which (not without good reason) we have under our
     special favor, considering these things, with the advice and
     counsel of our very dear and very beloved Cousin Edmond, Duke of
     Somerset, Lieutenant-General and Governor in our stead of our
     realms of France, the country and Duchy of Normandy, we command
     and strictly enjoin you all and each one of you so far as he
     shall be concerned, that you make or cause to be made free and
     exempt from said villein-taxes, aides, and octrois, one advocate,
     one purveyor, one bell-ringer, two booksellers, two parchment
     makers, two illuminators, two bookbinders, six beadles, five
     bailiffs, (one for each of the five Faculties) and seven
     messengers (understanding that there shall be one for each
     diocese in our said Duchy), and this you shall do up to this
     number of attendants and servitors of this our University, and at
     the same time, uphold, maintain and continue them in their
     rights, franchises, and liberties, of which by our said command,
     foundation, and augmentation, you find them to be and to have
     been duly possessed, without suffering anything to disturb or
     interfere with this.

     And, although in our other letters devoted to the regulation of
     this University the said five bailiffs and seven messengers were
     not in any way included, yet by special grace through these
     present letters, to the end that our said University may be able
     to have the servitors necessary to it, without whom the
     requirements of study could not be continued and maintained, we
     wish the said five bailiffs and seven messengers to enjoy such
     and similar privileges as the rest who are named in our other
     said letters of regulation, notwithstanding that the said letters
     and any others whatever may require, or seem to require, the
     contrary to this.

     And that the aforesaid suppliants may be able to have, at their
     need, these present letters in various and diverse places, we
     wish that copies of these, made under the royal seal, be in good
     faith made like the original.[44]


(d) _The Privilege of suspending Lectures_ (Cessatio)

One of the most effective privileges of mediaeval universities was the
right of suspending lectures. This was used again and again in cases of
unredressed grievances against civil or ecclesiastical
authorities,--more particularly against the former. A _cessatio_ was
usually followed by a migration of masters and scholars to some other
university, unless satisfaction was promptly forthcoming. Such a
migration was a serious blow to the commercial prosperity of any town;
consequently the "cessation" was an instrument of great power for the
extraction of all sorts of local concessions. It was often exercised
without express authorization by civil or ecclesiastical powers, but the
privilege was distinctly conferred by a bull of Pope Gregory IX for
Paris in 1231:

     And if, perchance, the assessment [right to fix the prices] of
     lodgings is taken from you, or anything else is lacking, or an
     injury or outrageous damage, such as death or the mutilation of a
     limb, is inflicted on one of you, unless through a suitable
     admonition satisfaction is rendered within fifteen days, you may
     suspend your lectures until you have received full satisfaction.
     And if it happens that any one of you is unlawfully imprisoned,
     unless the injury ceases on a remonstrance from you, you may, if
     you judge it expedient, suspend your lectures immediately.[45]

The events leading up to the granting of this privilege are worth
recounting as an illustration of the way in which such rights were
frequently secured. The "clerks" referred to were of course scholars.
The cessation of lectures was followed by a migration to other cities
until satisfaction was given. The exact nature of the satisfaction given
by the king is not known. One important result, however, was the great
charter of papal privileges just referred to,--"the _Magna Charta_ of
the University" of Paris.[46]

"Concerning the discord that arose at Paris between the whole body of
clergy and the citizens, and concerning the withdrawal of the clergy"
[1229]:

     In that same year, on the second and third holidays before Ash
     Wednesday, days when the clerks of the university have leisure
     for games, certain of the clerks went out of the City of Paris in
     the direction of Saint Marcel's, for a change of air and to have
     contests in their usual games. When they had reached the place
     and had amused themselves for some time in carrying on their
     games, they chanced to find in a certain tavern some excellent
     wine, pleasant to drink. And then, in the dispute that arose
     between the clerks who were drinking and the shop keepers, they
     began to exchange blows and to tear each other's hair, until some
     townsmen ran in and freed the shop keepers from the hands of the
     clerks; but when the clerks resisted they inflicted blows upon
     them and put them to flight, well and thoroughly pommelled. The
     latter, however, when they came back much battered into the city,
     roused their comrades to avenge them. So on the next day they
     came with swords and clubs to Saint Marcel's, and entering
     forcibly the house of a certain shop keeper, broke up all his
     wine casks and poured the wine out on the floor of the house.
     And, proceeding through the open squares, they attacked sharply
     whatever man or woman they came upon and left them half dead from
     the blows given them.

     But the Prior of Saint Marcel's, as soon as he learned of this
     great injury done to his men, whom he was bound to defend,
     lodged a complaint with the Roman legate and the Bishop of
     Paris. And they went together in haste to the Queen, to whom the
     management of the realm had been committed at that time, and
     asked her to take measures for the punishment of such a wrong.
     But she, with a woman's forwardness, and impelled by mental
     excitement, immediately gave orders to the prefects of the city
     and to certain of her own ruffians [mercenary body-guard] with
     all speed to go out of the city, under arms, and to punish the
     authors of the violence, sparing no one. Now as these armed men,
     who were prone to act cruelly at every opportunity, left the
     gates of the city, they came upon a number of clerks busy just
     outside the city walls with games,--men who were entirely without
     fault in connection with the aforesaid violence, since those who
     had begun the riotous strife were men from the regions adjoining
     Flanders, whom we commonly call Picards. But, notwithstanding
     this, the police, rushing upon these men who they saw were
     unarmed and innocent, killed some, wounded others, and handled
     others mercilessly, battering them with the blows they inflicted
     on them. But some of them escaping by flight lay hid in dens and
     caverns. And among the wounded it was found that there were two
     clerks, rich and of great influence, who died, one of them being
     by race a man of Flanders, and the other of the Norman Nation.

     But when the enormity of this transgression reached the ears of
     the Masters of the University they came together in the presence
     of the Queen and Legate, having first suspended entirely all
     lectures and debates, and strenuously demanded that justice be
     shown them for such a wrong. For it seemed to them disgraceful
     that so light an occasion as the transgression of certain
     contemptible little clerks should be taken to create prejudice
     against the whole university; but let him who was to blame in the
     transgression be the one to suffer the penalty.

     But when finally every sort of justice had been refused them by
     the King and the Legate, as well as by the Bishop, there took
     place a universal withdrawal of the Masters and a scattering of
     the Scholars, the instruction of the Masters and the training of
     the pupils coming to an end, so that not one person of note out
     of them all remained in the city. And the city which was wont to
     boast of her clerks now remained bereft of them.... Thus
     withdrawing, the clerks betook themselves practically in a body
     to the larger cities in various districts. But the largest part
     of them chose the metropolitan city of Angers for their
     university instruction. Thus, then, withdrawing from the City of
     Paris, the nurse of Philosophy and the foster mother of Wisdom,
     the clerks execrated the Roman Legate and cursed the womanish
     arrogance of the Queen, nay, also, their infamous unanimity [in
     the matter]....

     At length, through the efforts of discreet persons, it was worked
     out that, certain things being done to meet the situation as
     required by the faults on both sides, peace was made up between
     the clerks and citizens and the whole body of scholars was
     recalled.[47]

Not infrequently a university which had decreed a cessation was invited
to establish itself elsewhere. The cessation at Paris in 1229 was
followed by an urgent invitation from the King of England:

     The King; Greeting to the Masters and the whole body of scholars
     at Paris. Humbly sympathizing with the exceeding tribulations and
     distresses which you have suffered at Paris under an unjust law,
     we wish by our pious aid, with reverence to God and His holy
     church, to restore your status to its proper condition of
     liberty. Wherefore we have concluded to make known to your entire
     body that if it shall be your pleasure to transfer yourselves to
     our kingdom of England and to remain there to study we will for
     this purpose assign to you cities, boroughs, towns, whatsoever
     you may wish to select, and in every fitting way will cause you
     to rejoice in a state of liberty and tranquillity which should
     please God and fully meet your needs.

     In testimony of which &c. Witnessed by the King at Reading, July
     16. [1229].[48]


(e) _The Right of Teaching everywhere_ (Jus ubique docendi)

Masters and Doctors of the three leading universities, Paris, Bologna,
and Oxford, were early recognized as qualified to teach anywhere without
further examination, by virtue of the superior instruction given at
those institutions. Their degrees were in strictness merely licenses to
teach within the dioceses in which they were granted. The recognition of
these licenses elsewhere grew up as a matter of custom, not by any
express authorization. At least one other university (Padua, founded
1222) acquired the privilege in the same way. Later universities,--or
the cities in which they were established,--desiring to gain equal
prestige for their graduates, obtained from the Pope or from the Emperor
of the Holy Roman Empire bulls conferring upon them the same privilege.
Even Paris and Bologna formally received it from the Pope in 1292. "From
this time the notion gradually gained ground that _the jus ubique
docendi_ was of the essence of a Studium Generale, and that no school
which did not possess it could obtain it without a Bull from Emperor or
Pope." "It was usually but not quite invariably, conferred in express
terms by the original foundation-bulls; and was apparently understood to
be involved in the mere act of erection even in the rare cases where it
is not expressly conceded."[49] In practice, the graduates of almost
all universities where subject to further examination in one Studium or
another before being admitted to teach there, although the graduates of
the leading universities may have been very generally received without
such test. The privilege is more important in officially marking the
rank of a school as a Studium Generale, i.e. a place of higher
education, in which instruction was given, by a considerable number of
masters, in at least one of the Faculties of Arts, Theology, Law, and
Medicine, and to which students were attracted, or at least invited,
from all countries.

The Bull granting the _jus ubique docendi_ to Paris (Pope Nicholas IV,
1292) is here printed, although it is not the earliest example; a
similar Bull was issued for Toulouse as early as 1233. The rhetorical
introduction is omitted, as in most instances above.

     Desiring, therefore, that the students in the field of knowledge
     in the city of Paris, may be stimulated to strive for the reward
     of a Mastership, and may be able to instruct, in the Faculties in
     which they have deserved to be adorned with a Master's chair, all
     those who come from all sides,--we decree, by this present
     letter, that whoever of our University in the aforesaid city
     shall have been examined and approved by those through whom,
     under Apostolic authority, the right to lecture is customarily
     bestowed on licentiates in said faculties, according to the
     custom heretofore observed there,--and who shall have from them
     license in the Faculty of Theology, or Canon Law, or Medicine, or
     the Liberal Arts,--shall thenceforward have authority to teach
     everywhere outside of the aforesaid city, free from examination
     or test, either public or private, or any other new regulation as
     to lecturing or teaching. Nor shall he be prohibited by anyone,
     all other customs and statutes to the contrary notwithstanding;
     and whether he wishes to lecture or not in the Faculties
     referred to, he shall nevertheless be regarded as a Doctor.[50]


(f) _Privileges granted by a Municipality_

Not infrequently mediaeval cities granted special privileges to
universities and their members. These cities recognized the commercial
and other advantages resulting from the presence of a large body of
students within their gates, and made substantial concessions to retain
them, or to secure the settlement of a university which might be
migrating from some other city. Instances of the latter kind are
numerous in the free cities of Italy. These privileges included very
ample legal jurisdiction by the Rector of the university in cases
affecting scholars, payment of professors' salaries by the city,
exemption from taxes, loans to scholars at a low rate of interest, and
guarantees against extortionate prices for food and other necessaries.

1. The following examples are cited, among many others in the statutes
of the city of Padua:

     The town of Padua binds itself to make loans to scholars,
     according to the quality of the scholars, upon good and
     sufficient securities or bonds worth a third more than the loan,
     and upon the oath and promise of the scholars that they accept
     the loan on their own account and for their own use in meeting
     their personal expenses and not for any other person or persons
     or for the use of others. (1260 A.D.)

     Every six months the Chief Magistrate of Padua shall appoint two
     money lenders for the scholars,--judges or laymen at the will of
     the Rector of the scholars--who shall have charge of the town's
     money that is to be loaned to the scholars. And they shall, in
     the name of the town, make loans to the scholars in accordance
     with the statutes and the agreement of the scholars, and at their
     own risk entirely, so that the town of Padua shall not incur
     loss. And the money lenders shall themselves deposit in the town
     treasury good and sufficient security as to this. (1268.)

     Scholars shall be regarded as citizens with regard to matters
     advantageous, but not with regard to matters disadvantageous to
     them. (1261.)

     Scholars shall not be required to pay the _tolloneum_ (i.e. taxes
     on imports, collected at the city gates). (1262.)[51]


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.[52]

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.[53]

     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.[54]

     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.[55]

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.[56]

FOOTNOTES:

[Footnote 4: History of my Calamities, _l.c._ p. 4.]

[Footnote 5: McCabe, _Abelard_, pp. 75, 76, 78.]

[Footnote 6: _l.c._. p. 82.]

[Footnote 7: _l.c._ p. 89.]

[Footnote 8: _Ouvrages Inédits d' Abélard_, ed. V. Cousin, p. 16.]

[Footnote 9: _Sic et Non_, CLVI. The Latin text of this book is printed
in _Ouvrages Inédits d' Abélard_, ed. V. Cousin.]

[Footnote 10: _Metalogicus_, ed. Giles, I, 2, 3.]

[Footnote 11: _Metalogicus_, II, 10.]

[Footnote 12: Poole, pp. 119,114.]

[Footnote 13: _Metalogicus_, I, 24.]

[Footnote 14: _Metalogicus_, II, 10. The translation of this chapteris
adapted from Giles, _Works of John of Salisbury_, I, p. xiii, and R.L.
Poole, _Illustrations of the History of Mediaeval Thought_, pp. 210,
212.]

[Footnote 15: _Metalogicus_, II, 9.]

[Footnote 16: Denifle: _Die Entstehung der Universitäten des
Mittelalters_, I, 45, 46.]

[Footnote 17: See p. 115. The example given shows also an obvious
weakness of the method.]

[Footnote 18: John of Salisbury, _Metalogicus_, IV, 24.]

[Footnote 19: Document printed by Rashdall, Vol. II, Pt. II, p. 754.]

[Footnote 20: Chart. Univ. Paris., I, No. 11, p. 73.]

[Footnote 21: _l.c._ No. 20, p. 78.]

[Footnote 22: _l.c._ No. 79.]

[Footnote 23: _l.c._ No. 246.]

[Footnote 24: Zarncke, _Statutenbücher der Universität Leipzig_, p. 39.]

[Footnote 25: _Digest_, translated by C.H. Monro, p. xiii (preface to
_Code_).]

[Footnote 26: _l.c._ pp. xxv, xxvi.]

[Footnote 27: Rashdall, I, 208.]

[Footnote 28: Preface to the _Institutes_; translated by T.C. Sandars,
published by Longmans, Green & Co.]

[Footnote 29: _Code_, Bk. 12; 29, 2.]

[Footnote 30: A.D. 333, _Code_, Bk. 10; 53, 6.]

[Footnote A: Exodus, XVII. C.]

[Footnote B: Summary. Four classes of men are blamed under this caption,
i.e. dialecticians, who wrestle daily with the dialectic art; and
physicists, who raise their eyes athwart the heavens; and versifiers;
and the avaricious, who acquire wealth by fair means and foul, though at
the time they know not to whom they are going to leave it.]

[Footnote C: I.e., incidentally Hugo. Whether the clergy can give
attention to the books of the heathen.]

[Footnote D: And he does this as far as the paragraph, "But on the other
hand," (p. 66).]

[Footnote E: To the same effect C. de long. tem, praescript 1. fin. XXV.
quaest. I. ideo. Arc.]

[Footnote F: Summary. Under this caption Jerome set forth five cases.
For he says that they are drunken with wine who misunderstand and
pervert the sacred scriptures. Secondly, they are drunken with strong
drink who make a wrong use of profane wisdom. Thirdly, he sets forth who
should be called false prophets. Fourthly, who are divine. Fifthly, that
he eats sour grapes who expounds the scriptures otherwise than according
to the truth, even though it be not contrary to the faith.]

[Footnote G: Summary. In this section those priests are blamed by
Jerome, who cause their sons and nephews to read comedies and the verses
of the poets; because also to this purpose and to other base purposes
they divert the money of the church. Wherefore he says that such priest
should be punished as was Eli who fell prostrate from his seat and died
because he did not correct his sons. The statements which follow are
clear as far as paragraph "But on the other hand" (p. 64).]

[Footnote H: The ears of those who misunderstand should be torn off.]

[Footnote I: Tropology.]

[Footnote J: And _logos_, speech, whence, _tropologia_, i.e. the [moral]
application of the language. Hugo. As to this see 76 dist. jejunium. in
fin.]

[Footnote K: I King. II. C.]

[Footnote L: Another reading: in their disputations.]

[Footnote M: Another reading: "It pleased God to save his people for his
Kingdom" &c.]

[Footnote N: Summary. From now on, Gratian shows that the clergy ought
to be learned in profane knowledge. And this is shown from six
considerations. The first is stated at the beginning. The second begins:
"One reads also." The third begins: "In Leviticus." The fourth begins:
"The Magi, too." The fifth begins: "Finally." The sixth begins: "Hence
also Ambrose."]

[Footnote O: For as husks load the belly and fill it but do not satisfy,
so also this wisdom does not free from spiritual hunger nor banish
blindness. But it oppresses with the weight of sins and with the guilt
of hell. Whoever therefore, for the removing of the blindness of
ignorance seeks to learn other arts and knowledge desires to fill his
belly, as it were, with husks. According to Hugo.]

[Footnote P: Dan. I. a. Exodi III. & XI.]

[Footnote Q: Summary. Certain men forbade Christians to read the books
of the gentiles but Bede blames them, saying that they can well be read
without sin because profit may be derived from them, as in the cases of
Moses and Daniel, and also of Paul, who incorporated in his Epistles
verses of the poets, e.g. "The Cretans &c. &c."]

[Footnote R: Summary. Gratian solves the contradiction by saying that
one ought to learn profane knowledge in addition, not for pleasure but
for instruction, in order that the useful things, found therein may be
turned to the use of sacred learning. Hence Gregory blamed a certain
bishop, not for acquiring profane knowledge but because, for his
pleasure, he expounded grammar instead of the Gospel.]

[Footnote S: Another reading to the Unknown God, i.e. dative case.]

[Footnote T: Dionysius was converted by the preaching of Paul.]

[Footnote U: The Apostle used sentences from the poets.]

[Footnote V: Summary. This section is divided into two parts. In the
first part it is set down that it is not blameworthy if one learns
grammar and logic in order to distinguish the true and the false. In the
second part which begins with "Geometry and Arithmetic" it is set down
that the knowledges of the quadrivium have a truth of their own. But
they are not the knowledges of piety, and are not to be so applied. But
the Old and the New Testaments are knowledges of piety, and are to be
applied. And grammar, if applied to good uses may be made profitable.]

[Footnote W: Summary. Two questions were propounded by Jerome. The first
was whether it is a sin to learn the learning and knowledge of the
pagans, and Jerome answers that it is not, and proves this by the
example of four youths, Daniel, Ananias, Azarias, Misael, and by the
example of Moses. For these, had they known it to be a sin would not
have acquired the learning. For they did so in order to convince
unbelievers. Otherwise they would have been exposed to ridicule if, when
they were disputing with these unbelievers about their dogmas, they were
found to know nothing about them. The second question was, whether it is
a sin to cite secular laws in preaching or in discussion. And he replies
that it is not, because it is necessary to prove that those things which
the sacred writers have said are contained in the books of the heathen.]

[Footnote X: Dan. I.]

[Footnote Y: Summary. It was reported to Eugene at his Synod that in
certain regions there were no teachers to instruct others in the liberal
arts, and therefore he enjoined it upon all the bishops to establish
teachers in suitable places to teach others daily in liberal doctrines.]

[Footnote Z: Daniel and his companions.]

[Footnote AA: These were called under other names, Balthasar, Sidrac,
Misac, and Abednago. According to Hugo and Lau.]

[Footnote AB: as for example XX dist. ca. fina.]

[Footnote AC: Recourse is had at times from similars to similars.]

[Footnote AD: Virgil.]

[Footnote AE: Ovid.]

[Footnote 31: _Decretum Gratiani, Distinctio_ XXXVII. ed. Lyons, 1580.]

[Footnote 32: Denifle, I, 46.]

[Footnote 33: _Compendium Studii Theologiae;_ translated by J.S. Brewer
in R. Bacon, _Opera Inedita,_ p. lvi.]

[Footnote 34: One sentence of no importance is omitted from the
translation. The rest of the document is given below, p. 90. For a
slightly different version see D.C. Munro, "Translations and Reprints
from the Original Sources of European History," Vol. II, Pt. III, p. 2.]

[Footnote 35: Roger de Hoveden, _Chronica_, ed. Stubbs, IV, 120, 121.]

[Footnote 36: _Chart. Univ. Paris._, Vol. II, No. 657.]

[Footnote 37: Quoted from D.C. Munro, _Translations and Reprints_, Vol.
II, Pt. III.]

[Footnote 38: _Chart. Univ. Paris._, II, No. 1044.]

[Footnote 39: Rashdall, I, p. 147.]

[Footnote 40: _Chart. Univ. Paris._, I, No. 142.]

[Footnote 41: _l.c._, II, No. 1044.]

[Footnote 42: Rashdall, I, p. 343.]

[Footnote 43: F. Zarncke, _Statutenbücher der Universität Leipzig,_ p.
4.]

[Footnote 44: Fournier, _Statuts et Priv. des Univ. franç._, III, No.
1673.]

[Footnote 45: _Chart. Univ. Paris._, Vol. I, p. 59. Quoted from D.C.
Munro, _l.c._ p. 9.]

[Footnote 46: For the text of this charter in full, see D.C. Munro,
_l.c._ p. 7.]

[Footnote 47: Matthew Paris, _Chronica Majora_, III, 166-169.]

[Footnote 48: _Chart. Univ. Paris._, I, p. 119.]

[Footnote 49: Kashdall, I, pp. 11, 12.]

[Footnote 50: _Chart. Univ. Paris._, II, No. 578.]

[Footnote 51: Documents printed by Denifle, _Die Universitäten, _etc.,
pp. 801-803.]

[Footnote 52: Document printed by Rashdall, II, Pt. II, p. 746.]

[Footnote 53: Charter of Harvard College, 1650.]

[Footnote 54: Charter of Brown University, 1764.]

[Footnote 55: See Compayré, "Abelard," pp. 41-45, and 35-41.]

[Footnote 56: Fournier, _Statuts_, etc., III, No. 1644.]




IV

UNIVERSITY EXERCISES


The ways and means of teaching in mediaeval universities were few and
simple in comparison with those of our own times. The task of the
student was merely to become acquainted with a few books and to acquire
some facility in debate. The university exercises were shaped to secure
this result. They consisted in the Lecture, the Disputation or Debate,
the Repetition, the Conference, the Quiz, and the Examination.

Of these the first two and the last were by far the most important; they
are described in detail below. The Repetition, given in the afternoon or
evening, was either a detailed discussion of some point which could not
be treated in full in the "ordinary" lecture, or a simple re-reading of
the lecture, sometimes accompanied by catechism of the students upon its
substance. The Conference was an informal discussion between professor
and students at the close of a lecture, or a discussion of some portion
of the day's work by students alone. The Quiz was often held in the
afternoon at the student's hall or college, by the master in residence
there, as described on page 132.


(a) _The Lecture_

Lectures were of two kinds,--"ordinary," and "extraordinary" or
"cursory." The former were given in the morning, by professors; the
latter in the afternoon, either by professors or by students about to
take a bachelor's degree.

The purpose of the lecture was to read and explain the text of the book
or books of the course. The character of the lecture was largely
determined by the fact that all text-books, practically to the year
1500, were in manuscript, and by the further fact that many students
seem to have been unable or unwilling to purchase or hire copies. A
large part of the lecturer's time was thus consumed in the purely
mechanical process of reading aloud the standard text and comments. To
these he might add his own explanations; but the simple ability to "read
the book" intelligently was sufficient to qualify a properly licensed
Master, or a Bachelor preparing to take the Master's degree, to lecture
on a given subject. This accounts for the fact that youths of seventeen
or eighteen might be found giving occasional lectures, and that regular
courses were given by those not much over twenty-one.

The books thus read consisted of two parts,--the text, and the "glosses"
or comments. A glance at the selection on page 60 will reveal the nature
of the latter: they were summaries, explanations, controversial notes,
and cross-references, written by more or less learned scholars, in the
margin of the text. In the course of generations the mass of glosses
became so great as fairly to smother the original work. The selection
just referred to is not especially prolific in glosses; cases may be
found in which the text of a page occupies only three or four lines, the
rest of the space being completely filled with comments, and with
explanations of the comments. Instances of books explained to death are
not unknown in our own class-rooms!

The effect of this accumulation of comments was to draw the attention of
both teachers and students more and more away from the text. There is
evidence that in some instances the text was almost wholly neglected in
the attempt to master the glosses. University reforms at the end of the
fifteenth and the beginning of the sixteenth century sometimes involved
the exclusion of this mass of "frivolous and obscure" comment from the
lectures, and a return to the study of the text itself. See the
introduction to the plan of studies for Leipzig, p. 48.

The selection from the Canon Law (p. 59 ff.) gives a good idea of the
substance of a dictated mediaeval lecture. Concerning the "original" and
more or less off-hand lecture we have the amusing account of Giraldus
Cambrensis (_c._ 1146-1220), in his "most flattering of all
autobiographies." After recounting--in the third person--his studies at
Paris in Civil and Canon Law, and Theology, he says:

     He obtained so much favor in decretal cases, which were wont to
     be handled Sundays, that, on the day on which it had become known
     throughout the city that he would talk, there resulted such a
     concourse of almost all the doctors with their scholars, to hear
     his pleasing voice, that scarcely could the amplest house have
     held the auditors.

     And with reason, for he so supported with rhetorical
     persuasiveness his original, wide-awake treatment of the Laws and
     Canons, and so embellished his points both with figures and
     flowers of speech and with pithy ideas, and so applied the
     sayings of philosophers and authors, which he inserted in
     fitting places with marvellous cleverness, that the more learned
     and erudite the congregation, the more eagerly and attentively
     did they apply ears and minds to listening and memorizing. Of a
     truth they were led on and besmeared with words so sweet that,
     hanging, as it were, in suspense on the lips of the
     speaker,--though the address was long and involved, of a sort
     that is wont to be tedious to many,--they found it impossible to
     be fatigued, or even sated, with hearing the man.

     And so the scholars strove to take down all his talks, word for
     word, as they emanated from his lips, and to adopt them with
     great eagerness. Moreover, on a certain day when the concourse
     from all parts to hear him was great, when the lecture was over
     and was followed by a murmur of favorable applause from all the
     throng, a certain distinguished Doctor who both had lectured on
     the Arts at Paris and long studied on the laws at Bologna, whose
     name was Master Roger the Norman, ... broke out openly in
     expressions of this sort: "There is not such knowledge under the
     sun, and if it were by chance reported at Paris, it would, beyond
     a doubt, carry incomparable weight there, far more so than
     anywhere else." Now the opening--as it were, the proem--of that
     talk I have not considered it inappropriate to introduce here; so
     this is the way it began:

     "I had proposed to hear before being heard, to learn before
     speaking, to hesitate before debating. For to cultured ears and
     to men of the highest eloquence my speech will appear to have
     little marrow in its views, and its poverty of words will seem
     jejune. For idle is it, and utterly superfluous, to offer that
     which is arid to the eloquent, and that which is stale to men of
     knowledge and wisdom. Whence our Moral Seneca, and, quoting from
     him, Sidonius, says:

     "'Until Nature has drunk in knowledge, it is not greater glory to
     speak what you know than to be silent about what you do not
     know.'

     "And yet, since, on the testimony of Augustine, 'Every part out
     of harmony with its whole is base,' that I may not seem the sole
     anomaly among you, or, where others speak, be found by my silence
     a disciple of Pythagoras surpassing the rest, I have chosen to be
     found ridiculous for my speaking, rather than out of harmony for
     my silence.

     "What note then shall the noisy goose emit in the presence of the
     clear-songed swans? Shall he offer new things, or things well
     known? Things often considered and trite generate disgust; new
     things lack authority. For, as Pliny says: 'It is an arduous task
     to give novelty to old things, authority to new things,
     brightness to things obsolete, charm to things disdained, light
     to obscure things, credence to doubtful things, and to all things
     naturalness!'

     "The question which we have before us is old, but not
     inveterate,--a question often argued, but whose decision is still
     pending: Should a Judge decide according to the evidence, or
     according to his conviction?"

     Now he supported the second, but far less justifiable view, by
     arguments taken from the Laws and the Canons, so forcible that,
     while all were amazed, all were uncertain whether greater praise
     should be given to the ornateness of the words or to the efficacy
     of the arguments.[57]

The mode of lecturing on Roman Law at Bologna is thus described by
Odofredus (_c._ 1200-1265), a distinguished teacher:

     First, I shall give you summaries of each title [i.e., each
     chapter into which the books are divided] before I proceed to the
     text; second, I shall give you as clear and explicit a statement
     as I can of the purport of each Law (included in the title);
     thirdly, I shall read the text with a view to correcting it;
     fourthly, I shall briefly repeat the contents of the Law;
     fifthly, I shall solve apparent contradictions, adding any
     general principles of Law (to be extracted from the passage),
     commonly called "Brocardica," and any distinctions or subtle and
     useful problems (_quaestiones_) arising out of the Law, with
     their solutions, as far as the Divine Providence shall enable me.
     And if any Law shall seem deserving, by reason of its celebrity
     or difficulty, of a Repetition, I shall reserve it for an evening
     Repetition.[58]

The varied statement and restatement of the passage, implied in the
foregoing description, was doubtless necessary to make it intelligible
to the not-too-keen minds of the auditors. As Rashdall points out, it
"makes no mention of a very important feature of all mediaeval
lectures,--the reading of the 'glosses.'" This is mentioned in the
Bologna statutes now to be cited.

There are numerous statutes on the mode of lecturing. At Bologna, and
doubtless elsewhere, professors seem to have experienced the difficulty,
not unknown to modern teachers, of getting through the entire course
within the prescribed time. The students, who regulated the conduct of
their teachers, made stringent rules to prevent this, and punished
violations of them by fines large enough to make professors take due
caution:

     We have decreed also that all Doctors actually lecturing must
     read the glosses immediately after reading the chapter or the
     law, unless the continuity of the chapters or of the laws
     requires otherwise, taking the burden in this matter on their own
     consciences in accordance with the oath they have taken. Nor,
     with regard to those things that are not to be read, must they
     yield to the clamor of the scholars. Furthermore we decree that
     Doctors, lecturing ordinarily or extraordinarily, must come to
     the sections assigned _de novo_, according to the regulations
     below. And we decree, as to the close observance by them of the
     passages, that any Doctor, in his ordinary lecturing in Canon or
     Civil Law, must deposit, fifteen days before the Feast of Saint
     Michael, twenty-five Bologna pounds with one of the treasurers
     whom the rectors have appointed; which treasurer shall promise to
     give said money to the rectors, or the general beadle in their
     name, all at once or in separate amounts, as he shall be required
     by them or by him.

     The form, moreover, to be observed by the Doctors as to the
     sections is this: Let the division of the book into sections
     (_puncta_) be determined, and then let him be notified. [And if
     any Doctor fails to reach any section on the specified date he
     shall be fined three Bologna pounds, while for a second offense
     he shall be fined five pounds, and for a third and each
     succeeding violation of the rule, ten pounds.] And if the
     twenty-five pounds are exhausted, he must deposit in said place a
     second twenty-five pounds; and the second deposit must be made
     within eight days from the time when the first was exhausted....

     We decree also that no Doctor shall hereafter exceed one section
     in one lecture. And if the contrary be done by any one he shall
     be charged with perjury and punished to the extent of three
     pounds, to be taken from the money deposited for the purpose; and
     as often as the violation occurs, so often shall the penalty be
     inflicted, so long as the statute is in force; and the Rector
     also must exact it.

     We add that at the end of a section the Doctors must announce to
     the scholars at what section they are to begin afterwards, and
     they shall be obliged to follow that section which they have
     begun, even to the end of the section. But if by chance, after
     due weight is given to the glosses or text, it seems useful to
     transfer a part of the lecture to another section, he shall be
     obliged in his preceding lecture to announce that to the
     scholars, so that those who wish may make provision beforehand;
     under penalty of five Bologna shillings for each occasion for the
     Doctor who does to the contrary.

     We order this statute to be published in each school at the
     beginning of the term....

     Since topics not read by the Doctors are completely neglected
     and consequently are not known to the scholars, we have decreed
     that no Doctor shall omit from his sections any chapter,
     decretal, law, or paragraph. If he does this he shall be obliged
     to read it within the following section. We have also decreed
     that no decretal or decree or law or difficult paragraph shall be
     reserved to be read at the end of the lecture if, through such
     reservation, promptness of exit at the sound of the appointed
     bell is likely to be prevented.[59]

A lecture might be either dictated or delivered rapidly, "to the minds
rather than to the pens," of the auditors. For pedagogic and possibly
other reasons, the latter method seems to have been preferred by the
authorities; but lecturers, and students who desire to get full notes,
seem to have insisted upon dictation. A statute of the Masters of Arts
at Paris, 1355, is one of several unsuccessful attempts to enforce rapid
delivery:

     Two methods of reading the books of the Liberal Arts have been
     tried: By the first, the Masters of Philosophy from their chairs
     rapidly set forth their own words, so that the mind of the
     listener can take them in, but his hand is not able to write them
     down; by the second, they pronounce them slowly so that the
     listeners are able to write them down in their presence with the
     pen. By diligent examination and mutual comparison of these ways
     the first method is found to be the better, because the
     conceptual power of the ordinary mind warns us to imitate it in
     our lectures. Therefore, we, one and all, Masters of Arts, both
     lecturing and not lecturing, being especially convoked for this
     purpose ... have made a statute to this effect: All lecturers,
     Masters as well as Scholars, of the same Faculty, whenever and
     wherever they happen to be reading any book in regular order or
     course in the same Faculty, or to be discussing a question
     according to this or any other method of exposition, shall follow
     the former method of reading to the best of their ability, to
     wit: presenting it as though no one were writing it in their
     presence. It is in accordance with this method that discourses
     and recommendations are made in the University, and it is
     followed by Lecturers in the rest of the Faculties.

     Transgressors of this Statute, whether Masters or Scholars, we
     deprive thenceforth of their positions as lecturers, of honors,
     offices, and the rest of their means of support under our
     Faculty, for one year. But if any one repeats the offense, we
     double the penalty for the first repetition; for the second, we
     quadruple it, and so on. And auditors who interfere with the
     execution of this our Statute by shouting or whistling or raising
     a din, or by throwing stones, either personally or through their
     attendants or accomplices, or in any other way, we deprive of and
     cut off from our company for one year, and for each repetition we
     increase the penalty to twice and four times the length as
     above.[60]


(b) _The Disputation._

The disputation, or debate, one of the most important university
exercises, "first became really established in the schools as a result
of the new method." (Cf. page 35.) This exercise was sometimes carried
on in the manner of a modern debate; to "respond" in the schools (i.e.,
to defend a thesis in public debate), and to "oppose" (i.e., to argue
against the respondent), was a common requirement for all degrees.
Scholars and masters frequently posted in public places theses to the
argument of which they challenged all comers, just as a knight might
challenge all comers at a tournament to combat. In such cases the
respondent usually indicated the side of the question which he would
defend. This practice, in a modified form, still exists in some European
universities in the public examinations for the Doctor's degree.

In another mode, the disputation was carried on by a single person, who
argued both sides of the question and drew the conclusion in favor of
one side or the other. This was of course merely the oral use of the
method of exposition commonly found in the works of scholastic
philosophers and theologians. The lecture of Giraldus Cambrensis
described above (page 109) was doubtless of this type. A complete
example is to be found in Dante's "Quaestio de Aqua et Terra." The brief
of the arguments on both sides of this question is here reproduced with
some modifications. It illustrates not only the exercise itself, but
also the ponderous complications which the scholastic method received at
the hands of Abelard's successors, and the weakness of that method when
applied to questions of natural science. The reader will note that the
argument no longer proceeds by the simple citation of authorities pro
and con; the reasonings of the debater are also introduced. Moreover,
the argument is more complex. It involves first the statement of the
affirmative position; second, the refutation of the affirmative by
observation and by reasoning; third, objections to the refutation by
reasoning; fourth, refutation of these objections; fifth, final
refutation of the original arguments.

     _Introduction_: Author's reasons for undertaking the discussion.

     Let it be known to you all that, whilst I was in Mantua, a
     certain Question arose, which, often argued according to
     appearance rather than to truth remained undetermined.
     Wherefore, since from boyhood I have ever been nurtured in love
     of truth, I could not bear to leave the Question I have spoken of
     undiscussed: rather I wished to demonstrate the truth concerning
     it, and likewise, hating untruth as well as loving truth, to
     refute contrary arguments. And lest the spleen of many, who, when
     the objects of their envy are absent, are wont to fabricate lies,
     should behind my back transform well-spoken words, I further
     wished in these pages, traced by my own fingers, to set down the
     conclusion I had reached and to sketch out, with my pen, the form
     of the whole controversy.


     THE QUESTION: IS WATER, OR THE SURFACE OF THE SEA, ANYWHERE
     HIGHER THAN THE EARTH, OR HABITABLE DRY LAND?

     AFFIRMATIVE ARGUMENT: Five affirmative arguments generally
     accepted.

     _Reason 1._ Geometrical Proof: Earth and Water are spheres with
     different centers; the center of the Earth's sphere is the center
     of the universe; consequently the surface of the Water is above
     that of the Earth.

     _Reason 2._ Ethical Proof: Water is a nobler element than Earth;
     hence it deserves a nobler, or higher, place in the scheme of the
     universe.

     _Reason 3._ Experimental Proof: based on sailors seeing the land
     disappear under their horizon when at sea.

     _Reason 4._ Economical Proof: The supply of Water, namely, the
     sea, must be higher than the Earth; otherwise, as Water flows
     downwards, it could not reach, as it does, the fountains, lakes,
     etc.

     _Reason 5._ Astronomical Proof: Since Water follows the moon's
     course, its sphere must be excentric, like the moon's excentric
     orbit; and consequently in places be higher than the sphere of
     Earth.

NEGATIVE ARGUMENT: These reasons unfounded.

I. REFUTATION BY OBSERVATION.

Water flows down to the sea from the land; hence the sea cannot be
higher than the land.

II. REFUTATION BY REASONING:

  A. _Water cannot be higher than the dry land._
    _Proof_: Water could only be higher than the Earth,
      1. If it were excentric, or
      2. If it were concentric, but had some excrescence.

      But since

        _x_. Water naturally moves downwards,
          and
        _y_. Water is naturally a fluid body:

      1. Cannot be true, for three impossibilities would follow:
        _a_. Water would move upwards as well as downwards;
        _b_. Water and Earth would move downwards in different
                  directions;
        _c_. Gravity would be taught ambiguously of the two bodies.

      Proof of these impossibilities by a diagram.

      2. Cannot be true, for
        _a_. The Water of the excrescence would be diffused, and
                  consequently the excrescence could not exist:
        _b_. It is unnecessary, and what is unnecessary is contrary
                  to the will of God and Nature.

  B. _All land is higher than the sea._
    _Proof_: It has been shown that Water is of one level, and
       concentric with the Earth:
      Therefore, since the shores are higher than the edges of the sea,
      and since the shores are the lowest portions of the land,
    It follows that all the land is higher than the sea.

  C. _Objections to the foregoing reasoning, and their refutation._
    1. _Possible affirmative argument_: Earth is the heaviest body;
       hence it is drawn down to its own center, and lies beneath the
       lighter body, Water.
    2. _Objection to this argument_: Earth is the heaviest body only
       by comparison with others; for Earth is itself of different
       weights.
    3. _Refutation of this objection_: On the contrary, Earth is a
       simple body, and as such subject to be drawn equally in every part.
    4. _Answer to the refutation, with minor objections and their
       refutation._

      Since the objection is in itself sound, and
      Earth by its own Particular Nature, due to the
      stubbornness of matter, would be lower than the
      sea; and since Universal Nature requires that
      the Earth project somewhere, in order that its
      object, the mixture of the elements, may be
      fulfilled:

    It follows that there must be some final and efficient
    cause, whereby this projection may be accomplished.

      _a_. The final cause has been seen to be the purpose
      of Universal Nature.
      _b_. The efficient cause cannot be (i) the Earth,
      (ii) the Water, (iii) the Air or Fire, (iv) the
      heaven of the Moon, (v) the Planets, nor (vi)
      the Primum Mobile:

      Therefore it must be ascribed to the heaven of
      the Fixed Stars (for this has variety hi efficiency,
      as is seen in the various constellations),
      and in particular to those Stars of the Northern
      Hemisphere which overhang the dry land.

    (_x_) _First objection_: Why is the projecting
        continent then, not circular, since the
        motion of these stars is circular?

        _Answer_: Because the material did not
        suffice for so great an elevation.

        (_y_) _Second objection_: Why is this elevation
        in this particular place?

        _Answer_: Because God whose ways are
        inscrutable, willed it so.

        We should therefore desist from examining
        too closely the reasons, which we
        can never hope to fathom.

  D. _Refutation of the original arguments_:
    _Reason 1._ Invalid because Earth and Water are spheres
    with the same center.
    _Reason 2._ Invalid because of the external influence of
    Universal Nature, counteracting the internal influence
    of Particular Nature.
    _Reason 3._ Invalid because it is sphericity of the sea and
    not the lowness of the land which interferes with one's
    view at sea.
    _Reason 4._ Invalid because Water does not flow to the
    tops of mountains, but ascends thither in the form of
    vapors.
    _Reason 5._ Invalid because Water imitating the moon in
    one respect, need not imitate it in all.[61]

This brief obviously illustrates much more than the form of the
mediaeval Disputation. It leaves one in no doubt as to the difference
between the natural science of the Middle Ages and that of our own time.
It also illustrates the weakness of the scholastic method when applied
to questions which modern science would settle by experiment. The
argument abounds in misstatements of fact, the conclusion is incorrect,
and the "reasoning" by which it is reached can be described, from the
modern point of view, only as grotesque. The weakness of the method was
recognized by Roger Bacon so early as the thirteenth century. The
growing recognition of its futility finds repeated expression in the
sixteenth and seventeenth centuries, notably in the New Method (Novum
Organum) of Francis Bacon.

Like the scholastic method and the worship of Aristotle, the Disputation
fell into disrepute because of the extravagant lengths to which it was
carried. The following sarcastic criticism by the Spanish scholar, Juan
Luis Vives (1462-1540), is one illustration of the growing revolt of his
times against it:

     Disputations, also, to no slight degree have blinded judgment.
     They were instituted originally (but only among young men) to
     stimulate mental vigor, often torpid, and to make young men
     keener in their studies, so that they might either conquer or not
     be conquered, and also that the instruction received from their
     teachers might be more deeply impressed upon them.

     Among men, or older persons, there was a kind of comparison of
     opinions and reasons, not aimed at victory but at unravelling the
     truth. The very name testifies that they are called disputations
     because by their means the truth is, as it were, pruned or purged
     [dis = apart; puto = to prune, or to cleanse]. But after praise
     and reward came from listeners to the one who seemed to have the
     best ideas, and out of the praise often came wealth and
     resources, a base greed of distinction or money took possession
     of the minds of the disputants, and, just as in a battle, victory
     only was the consideration, and not the elucidation of truth. So
     that they defended strenuously whatever they once had said, and
     overthrew and trampled upon their adversary.

     Low and sordid minds such as with drooping heads look solely at
     such trivial and ephemeral results, regarded as of small
     consequence the great benefit that results from study:--namely
     probity or knowledge of truth; and these two things they did not
     regard with sufficient acuteness nor did they comprehend their
     great value, but they sought the immediate reward of money or
     popular favor.

     And so, in order to get a greater return for their labor, they
     admitted the populace to their contests like the spectators of a
     play brought out at the theatre. Then, as one might expect when
     the standard is lowered, the philosopher laid aside his
     dignified, venerable character, and put on his stage dress that
     he might dance more easily: the populace was made spectator,
     umpire, and judge, and the philosopher did that which the flute
     player does not do on the stage,--he suited his music, not to his
     own ideas and to the Muses, as his old teacher advises, but
     wholly to the circle of onlookers and the crowd whence
     distinction and gain was likely to come back to the actors.

     There was no need of real, solid teaching (at least, not in the
     opinion of those who are going to learn); but pretence and dust
     were thrown in the eyes of the crowd. So the one plain road of
     obtaining the truth was abandoned; six hundred ways of pretending
     were made, by which each strove for what suited himself,
     especially since there is nothing made so ugly as to lack a
     sponsor.

     Not only did the populace flock to this opinion--that the object
     of learning is to dispute, just as it is the object of military
     life to fight--but the public unanimity swept away the veterans,
     the _triarii_ [the more experienced soldiers who were placed in
     the third line] as it were, of the scholastic campaign (but these
     have no more ability and judgment than the dregs of the people),
     so that they regard him as superfluous and foolish who would call
     them back to mental activity and character and that quiet method
     of investigation, philosophy. [They think that] there is no other
     fruit of studies save to keep your wits about you and not give
     way to your adversary, either to attack him boldly or to bear up
     against him, and shrewdly to contrive by what vigor, by what
     skill, by what method of supplanting, he may be overturned.
     Therefore under this beautiful scheme, surpassing all others, it
     was the plan to break in the boy immediately and train him
     constantly; they began disputing as soon as they were born and
     ceased only at death. The boy brought to school, is bidden to
     dispute forthwith on the first day and is already taught to
     quarrel, before he can yet speak at all. So also in Grammar, in
     the Poets, in the Historians, in Logic, in Rhetoric, in
     absolutely every branch. Would any one wonder what they can find
     to do in matters that are perfectly open, very simple and
     elementary? There is nothing so transparent, so limpid that they
     do not cloud it over with some petty question as if ruffled by a
     breeze. It is [thought] characteristic of the most helpless
     stupidity, not to find something which you may make obscure by
     most intricate measures and involve in very hard and rigid
     conditions, which you may twist and twist again. For you may
     simply say: "Write to me,"--here comes a question, if not from
     Grammar then from Logic, if not from Logic then from
     Physics,--"What motions are made in writing?" Or, from
     Metaphysics, "Is it substance or quality?"

     And these boys are hearing the first rudiments of Logic who were
     only yesterday, or the day before, admitted to the school. So
     they are to be trained never to be silent, but vigorously to
     assert whatever comes uppermost lest they may seem at any time to
     have given in. Nor is one dispute a day enough, nor two, like a
     meal. At lunch they dispute, after lunch they dispute, at dinner
     they dispute, after dinner they dispute. Do they do these things
     to learn, or to cook a new dish? They dispute at home, they
     dispute away from home. At a banquet, in the bath, in the
     tepidarium, at church, in the city, in the fields, in public, in
     private, in all places and at all times they dispute.

     Courtesans in charge of a panderer do not wrangle so many times,
     or gladiators in charge of a trainer do not fight so many times
     for a prize as these do under their teacher of philosophy. The
     populace, not self-restrained and serious, but fickle, barbarous,
     pugnacious, is wonderfully tickled with all this as with a mock
     battle. So there are very many exceedingly ignorant men, utterly
     without knowledge of literature in any form, who take more
     pleasure in this form of show than in all else; and the more
     easily to win the fight, they employ a quick and prompt mode of
     fighting and deliver a blow every second, as it were, in order
     the more speedily to use up their foe. They neither assail their
     adversary with uninterrupted argument nor can they endure
     prolonged talk from him. If by way of explaining himself he
     should begin to enlarge, they raise the cry: "To the point! To
     the point! Answer categorically!" Showing how restless and
     flippant _their_ minds are who cannot stand a few words....

     To such a degree did they go that instead of a settlement based
     on the strongest arguments, such as drove them into their
     absurdities, they considered it sufficient to say: "I admit it,
     for it follows from my own conclusion," and the next step is: "I
     deny it. Prove it. I will defend it appropriately." For he who
     "defends appropriately" (in their own words), no matter by what
     incongruous admissions and concessions, is held to be a learned
     man and best adapted to disputation, that is, to the apex of all
     knowledge.


(c) _The Examination_

The examination, as an exercise leading to a degree, is one phase of
modern educational practice which comes from mediaeval universities. The
system of examinations grew up slowly. Generalization is difficult owing
to the differences in practice in various universities, but broadly
speaking the student who took a Master's or Doctor's degree in any
Faculty passed through the three stages of Bachelor, Licentiate, and
Doctor, and at each stage underwent some form of examination. The
examination for the License (to teach anywhere) seems to have been the
most formidable of the three; that for the Doctorate being mainly
ceremonial. In general, the examination tested the candidate's knowledge
of the books prescribed, and his power of public debate.

The statutes of Bourges (c. 1468-1480) thus describe the requirements
and the manner of procedure of examinations for the License in Arts:

[In preparation for the A.B. degree, which preceded the License, the
candidate had heard lectures on (1) The Isagoge (Introduction) of
Porphyry to the Categories of Aristotle, (2) the following works of
Aristotle: (a) Categories; (b) Peri Hermeneias (On Interpretation), the
first (?) two books and a part of the fourth; (c) Topics, first book;
(d) Physics, first three books.]

     Likewise we have decreed that before any one comes to the grade
     of License he must have heard four other books of Physics, three
     books "On the Heavens," two of "On Generation," the first three
     of "On Meteors," three "On the Soul," "On the Memory," "On the
     Length and Brevity of Life," with the first six books of
     "Metaphysics" and the first six on "Ethics" with a part of
     Euclid, and with the book "On the Sphere" [by John Sacrobosco].

     Likewise we have decreed that candidates must respond twice
     openly and in public, and there may be five at most in one day
     and in the same debate; yet four will be sufficient. And when
     they respond they must pay, each his own chairman, a scudo of
     gold.

     Likewise we have determined that, when this has been done, the
     Faculty shall appoint four Masters who have already been Masters
     for three years and who do not have [the candidates] that year as
     pupils under their own special direction; and they shall test the
     sufficiency of all the candidates. And the said committee shall
     take oath that they will accept those who are eligible and will
     reject those who are ineligible.

     Likewise we have decreed that, when this has been done, on the
     report of said committee, over their seals manual faithfully
     transmitted, the Chancellor shall arrange the candidates in the
     order assigned to them by said committee, always putting the
     better men and those who are eligible ahead of the others, in
     order that the opportunity of studying well may be given to the
     students and that no one may suffer harm from his position.

     Likewise we have decreed that before proceeding to license the
     candidates themselves, the assembled Faculty of Arts shall ordain
     four Masters, other than the first, who shall examine in assigned
     groups the said candidates in their own persons. And if they do
     not find them to be such as the first examiners reported that
     they found them, they shall report to the Faculty, pointing out
     the deficiency that the Faculty may have knowledge of the mistake
     of the first committee. If it finds that they made a mistake it
     shall have authority to correct their errors by changing the
     positions [of the names on the list] and by rejecting them
     entirely if they seem ineligible.

     Likewise we have decreed that when their approval or disapproval
     has been settled by the said second examiners, they shall place
     their candidates according to proper order in one list sealed
     with their own seals, and shall deliver it, under enclosure, to
     the Chancellor, and it shall not be lawful for him to change the
     order but he shall license them in the order set down in the
     list.[62]

The process of taking the Licentiate and the Doctorate in Laws at
Bologna, in vogue at the end of the thirteenth century and later, is
described at great length in the Statutes of 1432. The examination
consisted of two parts; the first private, the second public. The first
led to a License, which was, however, a license merely to proceed to
the public examination. The Statute concerning the private examination
is summarized by Rashdall:

     The private Examination was the real test of competence, the
     so-called public Examination being in practice a mere ceremony.
     Before admission to each of these tests the candidate was
     presented by the Consiliarius of his Nation to the Rector for
     permission to enter it, and swore that he had complied with all
     the statutable conditions, that he would give no more than the
     statutable fees or entertainments to the Rector himself, the
     Doctor or his fellow-students, and that he would obey the Rector.
     Within a period of eight days before the Examination the
     candidate was presented by "his own" Doctor or by some other
     Doctor or by two Doctors to the Archdeacon, the presenting Doctor
     being required to have satisfied himself by private examination
     of his presentee's fitness. Early on the morning of the
     examination, after attending a Mass of the Holy Ghost, the
     candidate appeared before the assembled College and was assigned
     by one of the Doctors present two passages (puncta) in the Civil
     or Canon Law as the case might be. He then retired to his house
     to study the passages, in doing which it would appear that he had
     the assistance of the presenting Doctor. Later in the day the
     Doctors were summoned to the Cathedral or some other public
     building by the Archdeacon, who presided over but took no active
     part in the ensuing examination. The candidate was then
     introduced to the Archdeacon and Doctors by the presenting Doctor
     or Promoter as he was styled. The Prior of the College then
     administered a number of oaths in which the candidate promised
     respect to that body and solemnly renounced all the rights of
     which the College had succeeded in robbing all Doctors not
     included in its ranks. The candidate then gave a lecture or
     exposition of the two prepared passages; after which he was
     examined upon them by two of the Doctors appointed by the
     College. Other Doctors might ask supplementary questions of Law
     (which they were required to swear that they had not previously
     communicated to the candidate) arising more indirectly out of the
     passages selected, or might suggest objections to the answers.
     With a tender regard for the feelings of their comrades at this
     "rigorous and tremendous Examination" (as they style it) the
     students by their Statutes required the Examiner to treat the
     examinee "as his own son." The Examination concluded, the votes
     of the Doctors present were taken by ballot and the candidate's
     fate determined by the majority, the decision being announced by
     the Archdeacon.[63]

The successful candidate ordinarily proceeded within a short time to the
public examination, which was held in the cathedral. At this examination
he received both the formal license to teach and the Doctor's degree.
Before the appointed day he went about inviting friends and public
officials to the ceremony. Ostentation at this time was forbidden:

     Those who are candidates for the Doctor's degree, when they give
     their invitations to the public examination, should go without
     trumpets or any instruments whatever; and the Beadle of the
     Arch-deacon of Bologna, with the Beadles of the Doctors under
     whom they are to have the public examination, should precede him
     on horseback. At that late day they [the candidates] shall not
     provide any feast, except among scholars from the same house or
     among those related to the candidate in the first, second, third,
     or even the fourth degree. Furthermore no one of the Rectors
     shall presume to ride with him on that day.[64]

On the actual day of the examination, however, "the love of pageantry
characteristic of the mediaeval and especially of the Italian mind was
allowed the amplest gratification"; the candidate went to the cathedral,
doubtless preceded by trumpeters, and escorted by a procession of his
fellow-students. The statutes of the German Nation at Bologna describe
as one object of that organization "the clustering about, attendance
upon, and crowding around our Doctors-to-be, in season and out of
season." Moreover, "the Scholars of our Nation shall individually
accompany the one who is to be made Doctor, to the place where the
insignia [of the degree] are usually bestowed, if he so wishes, or has
so requested of the Proctor [of the Nation]. Also, they shall escort him
with a large accompanying crowd from the aforesaid place to his own
house, under penalty of one Bologna shilling."[65]

The University statutes are to the same effect, but they prohibit
horse-play, and the extravagance of tournaments. "Ultramontane" scholars
are those from north, "Cismontane," those from south, of the Alps.

     Moreover, the ultramontane scholars shall accompany the
     ultramontane candidate, and the cismontane, the cismontane, from
     their dwelling places to Saint Peter's when they go there to take
     the public examination, and at that time hay and straw shall not
     be placed [on the floor of] the church. Furthermore all the
     ultra-and cis-montanes shall be present at the public
     examination, and all shall afterwards accompany the new Doctor
     from the church to his house under penalty of ten Bologna
     shillings, which it shall be the duty of the Rector to exact
     within eight days. And no scholar at the public examination of
     any citizen or foreign scholar shall be dressed for a dance or a
     brawl or a tournament, nor shall he joust as a knight. If any
     one disobey, he shall incur the penalty of perjury and ten
     Bologna pounds, and if he does not pay this within ten days on
     the demand of any Rector he shall be deprived of the advantage
     and honor of our University. And we impose the penalty of perjury
     also upon the Rector of the student who is to take the public
     examination, and this penalty he shall incur from the very fact
     that he should by all means exact from the candidate an oath that
     on the day on which he rides about to give invitations for the
     public examination which he is to take, he will not bring about
     any jousting or brawling as some have done heretofore. And if the
     candidate, when required, is unwilling to take the oath, or if he
     takes the oath and breaks it, he [the Rector] shall utterly
     forbid the public examination and direct the Doctors not to hold
     their meeting and also stop the Beadle, so that he shall not dare
     to announce his programme through the schools, under an arbitrary
     penalty to be imposed.[66]

The ceremony at the cathedral included, first, the formal test of the
candidate. After making a speech he held a disputation, in which he
defended a thesis taken from the Laws against opponents chosen from the
body of students, "thus playing for the first time the part of a Doctor
in a University disputation." He was then presented by the Promoter to
the Archdeacon, who conferred the final License to teach Civil or Canon
Law or both, according to the student's training. This was done by a
formula probably similar to the following, which is taken from a book
published in 1710:

     Inasmuch as you have been presented to me for examination in both
     [Civil and Canon] Laws and for the customary approval, by the
     Most Illustrious and Most Excellent D.D. (naming the Promoters),
     golden Knights, Counts Palatine, Most Celebrated Doctors, and
     inasmuch as you have since undergone an arduous and rigorous
     examination, in which you bore yourself with so much learning and
     distinction that that body of Most Illustrious and Excellent
     Promoters without one dissenting voice,--I repeat, without one
     dissenting voice,--have judged you worthy of the laurel,
     therefore by the authority which I have as Archdeacon and senior
     Chancellor, I create, publish, and name you, N.N., Doctor in the
     aforesaid Faculties, giving to you every privilege of lecturing,
     of ascending the Master's chair, of writing glosses, of
     interpreting, of acting as Advocate, and of exercising also the
     functions of a Doctor here and everywhere throughout the world;
     furthermore, of enjoying all those privileges which those happy
     individuals, who have been so deserving in these fostering
     colleges, are accustomed to use and enjoy.

     And I trust that all these things will forever result in the
     increase of your fame and the honor of our Colleges, to the
     praise and glory of Almighty God and of the ever blessed Virgin
     Mary.[67]

"In pursuance of the license thus conferred, he was then invested by the
Promoter with the _insignia_ of the teaching office, [the chair, the
book, the ring, the cap,] each, no doubt, with some appropriate formula.
He was seated in the Magisterial chair or _cathedra_. He was handed the
open book--one of the Law texts which it was his function to expound. A
gold ring was placed upon his finger, either in token of his espousal to
Science or in indication of the Doctor's claim to be the equal of
Knights; and the Magisterial _biretta_ placed upon his head: after which
the Promotor left him with a paternal embrace, a kiss, and a
benediction."[68] Then followed the triumphal procession homeward
through the town, "preceded by the three University pipers and the four
University trumpeters."


(d) _A Day's Work at Louvain in_ 1476

Documents which describe the day's work of a mediaeval student are not
common. A Ducal ordinance for the University of Louvain in 1476
indicates the way in which the student was supposed to work at that
institution.

     The tutors shall see that the scholars rise in the morning at
     five o'clock, and that then before lectures each one reads by
     himself the laws which are to be read at the regular lecture,
     together with the glosses.... But after the regular lecture,
     having if they wish, quickly heard mass, the scholars shall come
     to their rooms and revise the lectures that have been given, by
     rehearsing and impressing on their memory whatever they have
     brought away from the lectures either orally or in writing. And
     next they shall come to lunch ...after lunch, each one having
     brought to the table his books, all the scholars of the Faculty
     together, in the presence of a tutor, shall review that regular
     lecture; and in this review the tutor shall follow a method which
     will enable him, by discreet questioning of every man, to gather
     whether each of them listened well to the lecture and remembered
     it, and which will recall the whole lecture by having its parts
     recited by individuals. And if watchful care is used in this one
     hour will suffice.[69]


(e) _Time-table of Lectures at Leipzig_, 1519

There must have been some orderly arrangement of each day's lectures as
the requirements for the various degrees became fixed; but I have not
found an early document on the subject. The Statutes of Leipzig for 1519
give "an accurate arrangement of the lectures of the Faculty of Fine
Arts, hour by hour, adapted to a variety of intellects and to diverse
interests." They do not always specify the semester in which the book is
to be read; in such cases the title is placed in the center of the
column. The list includes practically all the books required for the
degrees of A.B. and A.M. Unless otherwise specified, they are the works
of Aristotle; but the versions are, as noted on page 48, new
translations from the Greek. These translations are praised in no
uncertain terms in the Statutes. The Metaphysic is presented in Latin by
Bessarion "so cleverly and with so good faith that he will seem to
differ not even a nail's breadth from the Greek copies and sentiments of
Aristotle." The Ethics and the Economics are "cleverly and charmingly
put into Latin by Argyropulos;" the Politics and the Magna Moralia are
"finely translated by Georgius Valla, that well-known man of great
learning," etc. Lectures, it will be noted, began early. The following
tabular view is compiled from Zarncke, _Statutenbücher der Universität
Leipzig_, pp. 39-42.

In addition to the "ordinary," or prescribed, books, "two books of
Cicero's Letters will be read on festal days"; and "the Greek Grammar of
Theodorus Gaza will be explained at the expense of the illustrious
Prince George."


     SUMMER      |     WINTER      |     SUMMER      |     WINTER
                 |                 |                 |
              6 A.M.               |              1 P.M.
                                   |
Metaphysics.     |Metaphysics.     |Posterior        |Topics (4 Bks.)
Introduction     |On               |  Analytics.     |Generation and
  (Porphyry).    |  Interpretation |Sense and        |  Destruction.
Categories.      |Logic (Aquinas). |  Sensation.     |Being and
                 |                 |Memory and       |  Essence
On Six Principles (Gilbert de la   |  Recollection.  |  (Aquinas).
  Porrée).                         |Sleep and Waking.|
Physics (Digest of Aristotle by    |Longevity and    |
  Albertus Magnus).                |  Shortlivedness.|
-----------------------------------|                 |
              8 A.M.               |Institutes of Oratory
                                   |  (Quintilian).
Physical Hearing (sic.) Physics?   |----------------------------------
Reading and Disputation by         |              2 P.M.
  candidates for A.B. and A.M.     |
Grammar (Priscian).                |On the Soul (3   |On the Heavens
-----------------------------------|  Bks).          |  and the Earth.
             11 A.M.               |Common           |On the Substance
                                   |  Arithmetic, and|  of the World
Logic: Summulae (Petrus Hispanus). |  On the Sphere  |  (Averroes).
                 |                 |  (Sacrobosco).  |Common
Rhetoric (Cicero |On the Orator    |                 |  Perspective,
  to Herennius). |  (Cicero).      |                 |  i.e., Optics
Physical         |On the Vital     |                 |  (John of
  Auscultation   |  Principle      |                 |  Pisa).
  (Themistius).  |  (Themistius).  |Theory of the Planets (Gerard of
                 |                 |  Cremona).
                                   |        Ethics
                                   |        Politics.
                                   |        Economics.
                                   |Magna Moralia, _i.e._,
                                   |  Ethics, abbreviated from
                                   |  Aristotle and Eudemus.
                                   |----------------------------------
                                   |              4 P.M.
                                   |
                                   |Theocritus.
                                   |Herodotus.
                                   |Virgil.
                                   |Aristotle, Problems.

FOOTNOTES:

[Footnote 57: Giraldus Cambrensis, ed. Brewer, I, pp. 45-47.]

[Footnote 58: Quoted by Rashdall, I, p. 219.]

[Footnote 59: Malagola, _Statuti delle Università i dei Collegi dello
Studio Bolognese._ Selections from pp. 41-43.]

[Footnote 60: Bulaeus, _Historia Universitatis Parisiensis_, IV, 332.]

[Footnote 61: Dante, _Quaestio de Aqua et Terra_, tr. A.C. White, pp.
VII-IX.]

[Footnote 62: Document printed by Rashdall, II, Pt. II, pp. 742-3.]

[Footnote 63: Rashdall, I, p. 226.]

[Footnote 64: Malagola, _Statuti_, etc., p. 116.]

[Footnote 65: _Acta Nationis Germanicae_, pp. 4, 8.]

[Footnote 66: Malagola, _Statuti_, etc., p. 116.]

[Footnote 67: Document printed by Rashdall, II, Pt. II, p. 734.]

[Footnote 68: Rashdall, I, p. 229.]

[Footnote 69: Document printed by Rashdall, Vol. II, Pt. II, p. 766.]




V

REQUIREMENTS FOR THE DEGREES IN ARTS


In general, the candidate for the A.B. degree must have taken part as
"respondent" or "opponent" (see p. 115) in a prescribed number of
disputations, and must have "heard" the lectures on certain prescribed
books before taking his examination for the degree. (This examination
seems, in some cases, to have been little more than a certification by a
committee of Masters that the student had fulfilled the foregoing
requirements.) The candidate for the degree of A.M. must have completed
further prescribed books and disputations, and must have "read," i.e.,
lectured upon, some book or books which he had previously "heard,"
before taking his examination for the License (to teach everywhere). No
general statement can be given as to the required number of
disputations; the practice differed at various times and places. The
Statutes of Leipzig required during the fifteenth century six "ordinary"
and six "extraordinary" responses from the prospective Bachelor. The
prospective Master was required to declare that he had been present at
thirty ordinary Bachelors' disputations, and had argued in each one "if
he had been able to get the opportunity to argue." The candidate for the
License at Paris, in 1366, must have attended disputations throughout
one "grand Ordinary," and must have "responded" twice. At Oxford the
youth must have taken part in disputations for a year as "general
sophister," and must have "responded" at least once, before taking the
A.B. or before "Determination," which was the equivalent of the A.B.
Prospective masters must have responded at least twice.[70]

The following lists of prescribed books give a good idea of mediaeval
requirements (aside from disputations) for the degrees of A.B. and A.M.,
at various times and places. The reader will note at once the
predominance of Aristotle, and the variations in requirements for the
degrees. Many similar lists might be cited from the records of other
universities; but they would give little additional information as
regards the degrees in Arts.

1. List of Books Prescribed for the Degrees of A.B. and A.M. at Paris,
1254.

The following list from the Statutes of 1254 does not separate the books
into the groups required for each degree, but indicates the total
requirement for both.

                          {Introduction to the Categories of Aristotle
                          {  (Isagoge), Porphyry.
(1) The "Old" Logic       {Categories, and On Interpretation,
                          {  Aristotle.
                          {Divisions, and Topics except Bk. IV,
                          {  Boethius.

                          {Prior and Posterior Analytics, Aristotle.
(2) The "New" Logic       {Sophistical Refutations,          "
                          {Topics,                           "

(3) Moral Philosophy: Ethics, 4 Bks.,                        "
                          {Physics,                       Aristotle.
                          {On the Heavens and the Earth,     "
                          {Meteorics,                        "
                          {On Animals,                       "
                          {"  the Soul,                      "
(4) Natural Philosophy    {"  Generation,                    "
                          {"  Sense and Sensible Things,     "
                          {"  Sleep and Waking,              "
                          {"  Memory and Recollection,       "
                          {"  Life and Death,                "
                          {"  Plants,                        " (?)

(5) Metaphysics:          Metaphysics,                       "

                          {On the Six Principles, Gilbert de la Porrée
                          {Barbarismus (Bk. 3, Larger Grammar),
                          {  Donatus.
(6) Other Books           {Grammar (Major and Minor), Priscian.
                          {On Causes, Costa Ben Luca.
                          {On the Differences of Spirit and Soul
                          {  (another translation of On Causes).[71]

An interesting part of the Statute of 1254 relates to the length of time
to be given to the various books, or groups of books, prescribed. The
entire Old Logic is to be read in about six months (October 1-March 25);
the New Logic and Priscian's Grammar in the same length of time; the
Physics, the Metaphysics and On Animals, together, in somewhat more than
eight months (October 1-June 25); the four books of the Ethics, alone,
in six weeks; On Life and Death is to be completed in one week, and
several of the other treatises in the same group are to be read in
periods varying from two to five weeks. Knowledge of these facts renders
the list as a whole considerably less imposing than it might otherwise
appear.

2. Books required at Paris in 1366. In this and all the following
examples the books are by Aristotle unless otherwise specified.

For the A.B.:
  (1) Grammar: Doctrinale, Alexander da Villa Dei.
  (2) Logic: The Old and the New Logic, as above.
  (3) Natural Philosophy: On the Soul.

For the License to teach everywhere:
  (1) Natural Philosophy: Physics; On the Heavens and the
      Earth; On Generation and Corruption; Parva Naturalia (see
      p. 143); On Mechanics.
  (2) Mathematics: "Some books"; probably the treatises required
      at Leipzig in 1410. (See p. 140).
  (3) Politics.
  (4) Rhetoric.

For the A.M.:
  (1) Ethics.
  (2) Meteorics (3 Bks.).[72]

3. Books required at Oxford, 1267: For the A.B. (Determination):

(1) Logic: The Old and the New Logic (see p. 140), and On
the Six Principles.
(2) Either Grammar (selections from Donatus and Priscian),
or Natural Philosophy (Physics, On the Soul, and On Generation
and Corruption).[73]

For the A.B. in (?) 1408.
  (1) Logic: The Old and the New Logic in "cursory," or extraordinary,
      lectures, given by Bachelors; Introduction, Porphyry: On the
Six Principles, Gilbert de la Porrée; Sophistical Refutations.
  (2) Grammar; Barbarismus, Donatus.
  (3) Mathematics: Arithmetic; Computus ecclesiasticus (Method
      of finding Easter); On the Sphere, Sacrobosco.[74]

4. Books required at Leipzig for the Degree of A.B. in 1410.[75]

(1) Grammar; Priscian (the last two books). [2 months.]
           {Tractatus (Summulae), Petrus Hispanus.   [2-1/2-3 months.]
(2) Logic  {The "Old" Logic (see Paris, 1254). [3-4 months.]
           {The "New"   "    except Topics. [6-1/2-7 months.]
(3) Nat'l Philosophy {Physics. [6-9 months.]
                     {On the Soul. [7 weeks-2 months.]
(4) Mathematics; On the Material Sphere (Sacrobosco). [5-6 weeks.]

5. Books required at Leipzig for the Degree of A.M. in 1410.

(1) Logic {Logic of Heytisbury.
          {Topics, Aristotle. [3-4 months.]
(2) Moral and  {Ethics.        [6-9   "    ]
    Practical  {Politics.      [4-9   "    ]
    Philosophy {Economics.     [3 weeks.]
                        {On the Heavens and the Earth.  [3-1/2-4
                        {  months.]
                        {On Generation and Destruction. [7
                        {  weeks-2 months.]
(3) Natural Philosophy  {Meteorics. [3-1/2-4 months.]
                        {Parva  Naturalia (i.e., the books on
                        {  Sense and Sensible Things, Sleep and
                        {  Waking, Memory and Recollection,
                        {  Longevity and Shortlivedness). [2-1/2-3
                        {  months.]
(4) Metaphysics: Metaphysics. [5-9 months.]
                        {Astronomy:   Theory   of the   Planets
                        {  (Gerard of Cremona).  [5-6 weeks.]
                        {Geometry: Euclid.  [5-9 months.]
                        {Arithmetic: Common Arithmetic (Sacrobosco).
(5) Mathematics         {  [3 weeks-1 month.]
                        {Music: Music (John de Muris). [3
                        {  weeks-1 month.]
                        {Optics: Common Perspective (John
                        {  of Pisa).  [3-3-1/2 months.][76]

FOOTNOTES:

[Footnote 70: Statutes of 1431.]

[Footnote 71: _Chart. Univ. Paris._, I, No. 246.]

[Footnote 72: Rashdall, I, p. 436.]

[Footnote 73: _Munimenta Acad. Oxon.,_ I, pp. 35-36.]

[Footnote 74: _Munimenta Acad. Oxon._, I, pp. 242-243.]

[Footnote 75: The figures in brackets indicate the time to be given to
each book, or group of books. The data are from Zarncke, _Statutenbücher
der Univ. Leipzig._, 311-312.]

[Footnote 76: For the requirements in 1519 see p. 134.]




VI

ACADEMIC LETTERS


1. LETTERS RELATING TO PARIS


(a) _A Twelfth-Century Critic_

The pessimist who laments the decay of education, and who feels that its
golden age was the time in which he received his own training, or
earlier, is a perennial figure in the history of education. The
following letter has a surprisingly modern ring. Denifle (p. 747) thinks
that Stephen was unable to reconcile himself to the new movement at
Paris because of his monastic training. Stephen's view, however, "was
not wholly wrong." Compare the letter of Peter de la Celle to John of
Salisbury, page 144.

"Stephen [Bishop] of Tournai, in his letters directed to the Pope,
laments the ruin of the study of sacred literature, of Canon Law and the
Arts, and, blaming the professors, implores the hand of Apostolic
correction." (1192-1203.)

     To the Pope. Beseeching his pardon, we would speak to our
     sovereign Pontiff, whose kindness stimulates our boldness, whose
     knowledge supports our ignorance, whose patience assures
     indulgence. The authority of our forefathers first impels us,
     then the disease which is insinuating itself, and which will in
     the end be irremediable if its evil influence be not checked at
     the beginning. Nor do we say this, Father, as though we wish to
     be either censors of morals, or judges of the doctors, or
     debaters of doctrines. This burden requires stronger shoulders
     and this fight calls for the vigorous arms of spiritual athletes.
     We wish only to point out this distress to your sacred
     Fatherhood, on whom God has conferred the power of checking error
     and the knowledge of how to correct it.

     The study of sacred letters among us has descended into the very
     factory of confusion; the teachers are more watchful for glory
     than for doctrine, and they write up new and modern summaries and
     commentaries upon theological foundations, with which they
     soothe, retain, and deceive their pupils; as though there were
     not plenty of works of the holy fathers who, we read, put forth
     their sacred writings inspired by that same spirit which we
     believe inspired the apostles and prophets when they composed
     theirs.... Public debates are carried on in violation of the
     sacred constitutions concerning the incomprehensibility of the
     Deity; a wordy, carnal strife on the incarnation of the Word goes
     on irreverently. Even the indivisible Trinity is divided at the
     street corners and quarrelled over, so that there are already as
     many errors as there are teachers, as many scandals as lecture
     rooms, as many blasphemies as public squares.

     Furthermore, if recourse is had to the courts which are
     established by Common Law, either those set up by us, or by the
     regular judges which we are bound to recognize, there is
     presented by venal men the tangled forest of the Decretals, under
     the pretext, as it were, of the sacred memory of Pope Alexander,
     and the more ancient sacred Canons are thrown away, rejected, and
     spewed out.

     This confusion being made in the very centre of the wholesome
     regulations made by the Councils of the holy fathers, they impose
     upon their councils no method and on their business no restraint,
     those letters having prevailing weight, which, it may be, lawyers
     have forged and engrossed for pay in their own offices or
     chambers. A new volume, got together from these sources, is both
     read regularly in the schools and is exposed for sale in the
     market with the approval of the crowd of notaries, who rejoice
     that both their labor is lessened and their pay increased in
     engrossing these suspicious works.

     Two woes have been set forth, and lo, a third woe remains! The
     Faculties called liberal [i.e., free] have lost their old time
     liberty, and are devoted to a slavery so complete that
     long-haired youths shamelessly possess themselves of the offices
     in these Faculties, and beardless boys sit in the seat of the
     Elders, and those who do not yet know how to be pupils strive to
     be named Doctors. And they themselves compile their own
     summaries, reeking and wet with [their own] further drivellings,
     and not even seasoned with the salt of the philosophers.
     Neglecting the rules of the Arts and throwing away the standard
     works of the Makers of the Arts, they catch in their sophisms, as
     in spiders' webs, the midges of their empty trifling phrases.
     Philosophy cries out that her garments are rent and torn asunder;
     she modestly covers her nakedness with certain carefully prepared
     remnants [but] she is neither consulted by the good man nor does
     she console the good woman.

     These things, O Father, demand the hand of Apostolic correction,
     that the present unseemliness of teaching, learning, and debating
     may by your authority be reduced to definite form, that the
     Divine Word may not be cheapened by vulgar attrition; that it may
     not be said on the corners, Lo! Here is Christ, or Lo! He is
     there! that sacred things may not be cast before dogs or pearls
     before swine to be trampled under their feet.[77]


(b) _The Monastic View_

To many of the monks of this period study and the search for truth
through reason were repellent. In their view the way to spiritual truth
was through retirement from the world, and the observance of religious
exercises. This is the burden of a letter to John of Salisbury by Peter
de la Celle, abbot of a monastery near Rheims, in 1164. Incidentally it
gives his view concerning Paris.

"Peter de la Celle to John of Salisbury concerning the perils that
encompass souls at Paris and concerning the true school of truth."

     His own Abbot to his own clerk. You have, my well-beloved, chosen
     a sufficiently delightful exile, where joys, though they be vain,
     are in superabundance, where the supply of bread and wine exceeds
     in richness that of your own land where there is the frequent
     access of friends, where the dwelling together of comrades is
     common. Who else besides you is there beneath the sky who has not
     thought Paris the place of delights, the garden of plantations,
     the field of first fruits?

     Yet, though smiling [at these things], you have said truly that
     where pleasure of the body is greater and fuller, there is the
     exile of the soul; and where luxury reigns there the soul is a
     wretched and afflicted hand-maid. O Paris! How well-suited art
     thou to captivate and deceive souls! In thee are the nets of the
     vices, in thee the arrow of Hell transfixes the hearts of the
     foolish! This my John has felt and therefore he has named it an
     exile. Would that you were leaving behind that exile of yours
     just as it is, and were hastening to your native land not in word
     and tongue only but in very deed and truth! There, in the book of
     life would you be looking, not upon forms and elements, but upon
     divinity itself, as it really is, as upon truth--eye to eye,
     without labor of reading, without tediousness of seeing, without
     fallacies and mistakes of understanding, without anxiety of
     retaining, without fear of forgetting. O blessed school, where
     Christ teaches our hearts with the words of his virtue, where
     without study and lecture we learn how we should live happily to
     eternity! There no book is bought, no teacher of things written
     is hired, there is no circumventing in debate, no intricacy of
     sophisms, [but] a plain settlement of all questions, a full
     apprehension of universal reasons and arguments. There life
     avails more than lecture; simplicity, more than cavilling. There
     no one is shut in [i.e., limited in freedom] save he who is shut
     out. In a word; there every reproach is done away with in the
     answer given to him who evilly presents an evil life: "Depart
     from me, ye cursed, into everlasting fire prepared for the devil
     and his angels;" and to him who sets for a good life: "Come, ye
     blessed" &c.

     Would that the sons of men were as intent upon these better
     studies as they are on idle talking, on vain and base buffoonery!
     Certainly they would harvest richer fruits, more excellent
     favors, certainly greater honors and beyond doubt would learn the
     end of all perfection,--Christ,--whom they will never find in
     these. Farewell.[78]


(c) _Letters from or to Students at Paris_

These letters belong to a period covering nearly four centuries. The
first gives an opinion of William of Champeaux in marked contrast to
that of Abelard.

(1) A CERTAIN D. WRITES TO A CERTAIN PRIOR CONCERNING HIS STUDIES AT
PARIS. (1109-1112.)

     I am now in Paris in the School of Master William of Champeaux,
     the greatest of all the men of his time whom I have known, in
     every branch of learning. When we hear his voice we think that no
     man, but, as it were, an angel from heaven, is speaking; for the
     melody of his words and the profundity of his ideas transcends,
     as it were, human limitations....

     Here, my revered friend, I am training my youth that I may not
     utterly succumb to those vices which, unless conquered, are wont,
     as a rule, to overturn this period of life. Here I am doing my
     best to illumine by doctrine and study my untaught mind,
     emancipated from the shades of ignorance and the sin of the first
     man, so far as God, from whom alone comes every blessing of
     wisdom, shall himself deign to permit. Because the blessing of
     wisdom, when sought and acquired with pure interest, is rightly
     believed and considered by all men of discernment as the surmnuni
     [bonum]. For, as the Apostle says: Knowledge without charity
     puffeth up but, with charity edifieth: for it uproots vices and
     grafts in virtues; it instructs itself in its duty to itself, its
     neighbor, and its Creator; finally, by its presence, it fortifies
     and defends the mind, over which it presides in person, against
     all the ills of this life that come to it from without.[79]

(2) PHILIP OF HARVENGT TO HERGALD, A STUDENT AT PARIS (DATE BETWEEN 1154
AND 1181)

     Know that I have both read carefully and when read, accepted
     gratefully the letters which your affection, with memorable
     feeling, led you to send to me ...because in them I thought I saw
     evidence of your progress in learning.... Just as the Queen of
     Sheba is said to have come with a large retinue, that by the
     sight of her own eyes she might have surer knowledge of those
     things whose fame she had eagerly absorbed from afar, so you too,
     drawn by love of knowledge, came to Paris and found a much
     desired model of Jerusalem, sought for by many. For here David
     strikes his harp of ten chords, here with mystic touch he
     composes the psalms. Here Isaiah is read and in the reading his
     prophecies are revealed; here the rest of the prophets present
     their diverse strains of harmonious melody. Here the wisdom of
     Solomon is open for the instruction of those who have gathered
     from all parts of the world; here his treasure house is thrown
     open to eager students. Here to stimulate so great a concourse of
     students there is so great a throng of clerks that it vies with
     the numerous multitude of the laity. Happy city! in which the
     Sacred Codes are pored over with so much zeal and their involved
     mysteries are solved by the gift of the outpoured Spirit, in
     which there is so much diligence on the part of the readers,
     and, in short, so much knowledge of Scriptures that it truly
     deserves to be called Cariath Sepher, that is The City of
     Letters. Therein would I have you instructed like Gothoniel, not
     so much in letters as in the spirit, and so to grasp the
     Scriptures that you may take delight in searching out their inner
     sweetness.... Farewell.[80]

(3) DESCRIPTION OF PARIS ABOUT 1175 BY GUY DE BASOCHES

     To a youth who is noble and so like himself as to be a second
     self, Guy de Basoches [seeks] to match his nobility of birth by
     high-bred manners....

     My situation then is this: I am indeed in Paris, happy because of
     soundness of both mind and body, happier were you enjoying it
     too, and happiest had it but been my lot to have you with me. I
     am indeed in Paris, in that City of Kings, which not only holds,
     by the sweet delight of her natural dowry, those who are with
     her, but also alluringly invites those who are far away. For as
     the moon by the majesty of its more brilliant mirror overwhelms
     the rays of the stars, not otherwise does said city raise its
     imperial head with its diadem of royal dignity above the rest of
     the cities. It is situated in the lap of a delightful valley,
     surrounded by a coronet of mountains which Ceres and Bacchus
     adorn with fervent zeal. The Seine, no humble stream amid the
     army of rivers, superb in its channel, throwing its two arms
     about the head, the heart, the very marrow of the city, forms an
     island. Two suburbs reach out to right and left, the less
     excellent, even, of which begets envy in envious cities. From the
     two suburbs two stone bridges stretch over to the island and one
     of them which has been named for its size, for it is Great, faces
     the north and the English Sea, while the opposite one, which
     opens towards the Loire, they call the Little Bridge....

     On this island Philosophy, of old, placed a royal throne for
     herself, Philosophy, who, despised in her solitude, with a sole
     attendant, Study, now possesses an enduring citadel of light and
     immortality, and under her victorious feet tramples the withered
     flowers of a world already in its dotage.

     On this island, the seven sisters, to wit, the Liberal Arts, have
     secured an eternal abiding place for themselves, and, with the
     ringing clarion of their nobler eloquence, decrees and laws are
     proclaimed.

     Here the healing fount of learning gushes forth, and as it were
     evoking from itself three most limpid streams, it makes a
     threefold division of the knowledge of the sacred page into
     History, Allegory and Morals.[81]

(4) JOHANN VON JENZENSTEIN TO MASTER BENESCH OF HORSCHOWITZ, CONCERNING
PARIS. (1375.)

     Master Bennessius, dearest comrade and friend. If recent doings
     at Paris are unknown to you, if the fecundity of pleasures, the
     abundance of all things edible, the manners of the men, the
     bountiful supply of all the sciences, even the clever teaching in
     very many material crafts,--if you could but see the mere shadow
     of all these, surely, overpowered by their arguments, you would
     throw off your sluggishness and generously enter into the
     aforesaid enjoyments; and your eyes, grown old in old sights
     would renew their youth in these new sights....

     For here (says the writer sarcastically) are distinguished
     doctors of many faculties, some of whom by their crazy ways of
     thinking, and still others by crazy ways of acting, others,
     indeed, by inflicting wounds, and still others by abusive words,
     furnish enjoyment that is exceeding pleasing; and (he adds more
     seriously) there are other Masters subtly trained in the seven
     liberal Arts, by whose example and teaching the entire earth,
     like the heavens, is adorned with stars; and some of these
     masters are illuminated by the three trivials and some by the
     four quadrivials and some by both the trivials and the
     quadrivials.

     Now the three trivials are grammar, which teaches clearly the
     agreement of speech; and starting from that, the youth who holds
     on to his first teaching makes a beginning whereby he may obtain
     a deeper taste of the profundities of other knowledge also; the
     second is rhetoric, which by the charm of its colors adorns as
     with pearls the subject matter, and ennobles grammar, and instils
     acceptably into the ears of men that which is heard; the third is
     logic by means of which the method of skilful deductive reasoning
     is assigned to the individual sciences, without which the powers
     of all the sciences are quiescent, and by whose addition all the
     sciences are regularly organized. (The letter ends with a similar
     description of the quadrivials.)[82]


2. TWO OXFORD LETTERS OF THE FIFTEENTH CENTURY

(1) OXFORD UNIVERSITY TO THE DUKE OF GLOUCESTER, ACKNOWLEDGING A GIFT OF
BOOKS. (1439.)

     Most illustrious, most cultured and magnificent Prince, the
     enduring value of the benefits you have conferred on the English
     nation, and the meritorious deeds of your most powerful Highness
     in its behalf can never die, but, with distinguished fame
     destined to endure, will flourish with ever-renewed praise and
     happy remembrance. How delightful it certainly is for us to
     reflect upon these again and again! Among the rest, however, that
     deed itself redounds to the splendor of your most mighty
     Highness, namely, that after having brought about the repression
     of heretic plotting against the church of God, you have chosen to
     reinvigorate the vineyard of the Lord, your hand-maid, the
     University of Oxford, with books on all the sciences and virtues,
     out of which the abundant wine of knowledge and truth may be
     squeezed by the press of study. For this reason we set forth in
     this humble letter our thanks, our praise, and our prayers, but
     we cannot express ourselves adequately.

     Which of the Universities has found a Prince so munificent, so
     illustrious, so magnificent?--whose service in the field has ever
     been successful, whose mind is most liberal, and who displays
     charity to all, justice to each, and harm to none. What respecter
     of the wise was ever so pious, what supporter of them so
     efficient, what patron of the sciences, of virtues, and of books
     so generous? And by these not only are the hearts of the living
     enlightened to the glory of God and the advance of virtue, but
     even more in coming ages will posterity be illumined. Can the
     happy memory of deeds so great pass away? Nay, but it will be a
     benediction forever.

     A statute has been made in the words of your supplicant, and is
     to be forever in force, which will never fail in prayers in your
     behalf but will serve as an enduring memorial. Wherefore,
     although the fame of others may ebb with the flow of time or
     perish through being overshadowed by the rising of greater men,
     yet your fame cannot perish under the cloud of oblivion nor can
     it, of a truth, be obscured by the shadow of greater
     benefactions.

     If the great conquests of Alexander come to our ears, renewed day
     by day through the devices of the wise Greeks who committed such
     deeds to writing, how much more will this University, your
     devoted supplicant, bear witness to your magnificent deeds to the
     end of time, not only by her prayers but also in her writings?
     Nay, were the tongues of all to be silent the fact itself would
     bear witness more than speech, the fact, to wit, that one hundred
     and thirty-nine most precious volumes of theology, medicine, and
     the seven liberal sciences have been deposited in our library
     from your own collection, as an eternal witness to your
     surpassing virtues and munificence.

     We pray therefore that you may be willing to look upon this
     University as your vineyard and your handmaid and perpetual
     supplicant. And may the Lord Himself most glorious, who chose
     your serenity for the bestowing of such benefactions, grant to
     you the fruits of the spirit and guide you to the University of
     the saints. Written at Oxford in our congregation in the
     twenty-fifth day of the month of January.

     The most humble supplicant of your Serenity, the University of
     learning at Oxford.[83]

(2) TESTIMONIAL LETTER FOR MR. JOHN KING OF OXFORD

     To all the children of Holy Church, our Mother, to whom this
     letter may come, the Chancellor of the University of Oxford and
     the whole assembly of masters ruling in the same send greeting in
     the arms of our Saviour. We believe that we present an offering
     in the sight of the highest truth, as often as we furnish a
     testimony of high praise to one excellent in virtue and in
     knowledge. Therefore we,--wishing all whom it may concern to know
     of the commendable life and the fragrance of honest conversation
     of our beloved brother, Master John King, M.A. and student in
     Sacred Theology, a prudent Procurator of our University who has
     filled his office most efficiently; we therefore, as we have
     said, wishing all to know, as we are bound to do,--and to prevent
     so bright a light from being hid beneath the bushel of
     silence,--do bear witness by this letter that, through the
     commendable merits of our aforesaid brother and his study, he has
     attained such proficiency that the fragrant fame of his
     name--which the praise of his excellent action has exalted to the
     pinnacle of glory with us--could not be concealed: but from the
     height of its exalted pedestal it has furnished a living example
     to all scholars for emulation, and a great light to all people
     for profitable instruction. And so, while adorning our University
     with his presence and outshining all in the maturity and dignity
     of his character, he won the love of all by his spotless name. We
     commend him therefore to your worshipful reverences, earnestly
     praying that you will show yourselves favorable and kind to him,
     both out of regard for our University and for his deserts. In
     witness of which, and that all may know more fully about his
     laudable character, we have caused this letter to be sealed for
     said Master John with the seal of our University.

     Given at Oxford in the Congregation-house, February 9th,
     1434.[84]

FOOTNOTES:

[Footnote 77: _Chart. Univ. Paris._, I, f. 47.]

[Footnote 78: _Chart. Univ. Paris.,_ I, No. 22, p. 24.]

[Footnote 79: Jaffé, _Bibliotheca_, V, pp. 285, ff.]

[Footnote 80: _Chart. Univ. Paris._, I, No. 51, p. 50.]

[Footnote 81: _Bulletin de la Société de l'Histoire de Paris_, 1877, p.
37 f.]

[Footnote 82: _Archiv für oesterreichische Geschichte_, Vol. 55, p.
385.]

[Footnote 83: _Epistolae Academicae Oxon._, I, p. 177.]

[Footnote 84: _Epistolae Academicae Oxon._, I, p. 113.]




BIBLIOGRAPHICAL NOTE


=1. Additional Readings from the Sources.=

MUNRO, D.C. _The Mediaeval Student_. (Translations and Reprints
   from the Original Sources of European History,
   Vol. II, No. 3.) The student should not fail to procure
   this little pamphlet, which is a necessary supplement to
   several of the readings in the present collection. It contains
   useful explanatory notes as well as important documents.
   Price, ten cents. Longmans, Green & Co., New
   York City.

ROBINSON, J.H. _Readings in European History_. Vol. I, chap.
   xix, and especially pp. 446-461. Readings on Abelard,
   Aristotle in the Universities, Roger Bacon.

HENDERSON, E.F. _Select Historical Documents of the Middle
   Ages_, pp. 262-266. Charter of the University of Heidelberg,
   1386.


=2. General References on the History of Mediaeval Universities.=

RASHDALL, HASTINGS. _The Universities of Europe in the Middle
   Ages_. Oxford: The Clarendon Press, 1895. 1273 pages,
   2 vols. in three parts. Much the best work on the subject;
   based on the sources. Indispensable for reference.

MULLINGER, J.B. _Encyclopedia Britannica_, Art. _Universities._
   "The first tolerably correct (though very brief) account
   which has appeared in English." Includes university
   history to 1882.

_Encyclopedia Britannica_ and other encyclopedias. The student
   who may not have access to works mentioned in this
   list is reminded that brief accounts of the men and the
   subjects here considered are often to be found in good
   encyclopedias.


=3. Bibliographies.=

The best single collection of references to the extensive literature of
the subject is in Rashdall's work, though this does not include books
and articles published since 1895. Compayré (see below) includes a brief
list. References to sources and secondary works on the Seven Liberal
Arts are published by Abelson; references relating to university
text-books of Greek origin by Loomis (see below).


=4. Text-books.=

COMPAYRÉ, G. _Abelard and the Origin and Early History of
   Universities._ New York: Charles Scribner's Sons, 1892.
   Still the best single text-book for class use. Contains
   numerous errors, which should be corrected by comparison
   with Rashdall.

WOODWARD, W.H., _editor_. _Mediaeval Schools and Universities._
   Cambridge Contributions to Modern History, I. New
   York: G.P. Putnam's Sons. This work, which is still
   in preparation, will probably supersede Compayré.


5. References to Special Topics.

All of the topics treated in this collection of readings are discussed
by Rashdall and Compayré. Page references may be found by use of the
indexes appended to their books.

=Introduction=.   On the historical point of view see J.H. ROBINSON,
   _Readings in European History_, Vol. I, Chap. I;
   on the place and use of documents, and other questions
   relating to the study of history, LANGLOIS and SEIGNOBOS,
   _Introduction to the Study of History_.

=Abelard=. MCCABE, JOSEPH. _Abelard_. A scholarly study, in
   brilliant style. Chaps. I-IV deal with Abelard as a
   teacher. The best biography in English.

=John of Salisbury=. POOLE, R.L. _Illustrations of the History
   of Mediaeval Thought_, passim. National Dictionary of
   Biography, Art. _John of Salisbury_.

=University Studies=. ABELSON, PAUL. _The Seven Liberal
   Arts_. The best study in English. Contains much information
   regarding university text-books in these subjects.
   LOOMIS, LOUISE R. _Mediaeval Hellenism_. Valuable information
   concerning the history and the translations of
   the works of Aristotle, Galen, Hippocrates, and other
   Greek writers. ZELLER, E. _Aristotle and the Earlier
   Peripatetics_. The standard treatise on the works of
   Aristotle, and their history.

The student is earnestly advised to spend a few hours in examining such
copies of the mediaeval text-books as he may find in his college
library. The time thus spent will do far more to clarify his ideas as to
their character and extent than much talk about them. Old editions,
often with the commentaries, may be available; some libraries possess
MS. copies. Translations of the more important works of Aristotle may be
found by reference to the library catalogue; among these may be
mentioned _the Rhetoric_, by J.E.C. Welldon; the _Politics_, by B.
Jowett; the _Ethics_ (Nicomachean), by F.H. Peters; the _Poetics_, by
S.H. Butcher. Of the _Corpus Juris Civilis_, the _Institutes_ have been
translated by T.C. Sandars; the first part of the _Digest_ by C.H.
Monro. The _Corpus Juris Canonici_ as it was known in the middle ages
has not been translated. This is true also of most books on the Seven
Liberal Arts. Some works of Galen and Hippocrates have been done into
English; but these translations are old, and probably inaccurate.

=Academic Letters=. HASKINS, C.H. _The Life of Mediaeval
   Students as Illustrated by their Letters_. American Historical
   Review, 1897-1898. A brief but important study,
   from the sources; refers to several of the letters here
   printed.