Readings in the History of Education Part 9

There was at Paris a notable German scholar who was bishop-elect of Liege. 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 Liege, 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 G.o.d 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 hara.s.sed 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 doc.u.ment 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 ill.u.s.trations 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 pet.i.tions, 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 inst.i.tutions, 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 inst.i.tuted and founded two Colleges, ... and for these we have given and a.s.signed 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 a.s.sessment [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 ill.u.s.tration 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 p.r.o.ne 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.