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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.



  
  
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