that after Martinmas of that year the schoolmasters' salary shall not be less than £35 nor more than £70 per annum; and, that, where there are two or more schools in a parish, the minimum salary payable to the schoolmasters shall be £50 and the maximum £80 per annum. The pre

cise amount of the salary is fixed by the heritors and minister. In addition to their legal salary, the schoolmasters always receive the school fees. These are fixed by the heritors and minister.

(2.) As to accommodation. According to the Act of 1803, in parishes where there is not already a commodious school-house provided, or where there is no dwelling-house with a garden for the schoolmaster, the heritors must provide such accommodation. If they neglect or refuse to do so, or if the schoolmaster be dissatisfied with the accommodation provided, a remedy is pointed out by section 9 of the Statute; but in no case are the heritors bound to enlarge the school-buildings.

The school-house to be thus provided ought to be suitable to the size and circumstances of the parish; but the heritors are not obliged to provide a house of greater accommodation than two rooms, including a kitchen. The garden must contain at least one-fourth of a Scots acre, and be inclosed with "such fence as is generally used for such purposes in the district of the country where it is situated.”

If no garden ground can be obtained without great loss or inconvenience, the heritors, with the sanction of the Quarter-Session, may make an addition to the schoolmaster's salary. "The expense of providing the school-house, dwelling-house, and garden, and supporting the same," is, by section 8 of the Act of 1803, to be defrayed by the heritors. According to Mr. Dunlop, "it seems somewhat doubtful whether the Quarter-Sessions have jurisdiction to compel them to do so;" but he adds that if this should be the correct construction of the Statute "the Court of Session would probably hold themselves entitled to compel them to do so."

But, according to the Act of 1803, in the case of extensive parishes, where two or more teachers are appointed under section 11 of the Act, the heritors are relieved from the obligation of providing any buildings or garden. The additional schools are known as Side schools.

According to the 17th section of the Act of 1861, where in any part it shall be necessary to provide a house for the schoolmaster, it is to consist of three apartments besides the kitchen.

By section 5 of the Act of 1861, power is given to the heritors to establish a female teacher, and in such case, a yearly salary of £30 may be added to the school assessment.

(3.) As to the election and qualifications of the schoolmaster. According to the Acts of 1696 and 1803, he is elected by the heritors and minister as one body. But, by section 22 of the Act of 1803, no heritor is entitled to vote at any meeting with reference to schools, "who is not a proprietor of lands within the parish to the extent of at least £100 Scots of valued rent appearing in the land-tax books of the county."

By the same section heritors may vote by proxy or by letter under their hand. In case the heritors fail to elect, the duty devolves on the Commissioners of Supply of the county within which the school is situated.

According to the provisions of the Act of 1803, the schoolmasters elect were examined and approved by the Presbyteries, and were required to sign the Confession of Faith and the Formula of the Church of Scotland.

The Act of 1861 abolishes these provisions as to examination. The parochial schoolmaster elect is now examined by examiners appointed by the University Court of each University; and for this purpose the schools are distributed into four districts, each of which is attached to one University. Each schoolmaster on passing is entitled to a certificate, which is conclusive evidence of his competency as such.

Instead of signing the Confession and Formula, the schoolmaster elect is obliged to sign the declaration contained in the 12th section of the Act 1861. But the only remedy for contravening this declaration is by the Secretary of State, at the instance of the Presbytery or heritors, appointing a Commission to inquire into the charges. The result of this inquiry may be to censure, suspend, or depose the schoolmaster.

(4.) As to his dismissal or resignation. The parish schoolmaster holds office ad vitam aut culpam. The Act of 1803 made certain provisions, by section 21, for neglect of duty, immoral conduct, or cruel or improper treatment of the scholars on the part of the schoolmaster. These provisions are now repealed. And, by the Act of 1861 (sect. 14), if the schoolmaster is charged with immoral conduct, or cruel or improper treatinent of the scholars under his charge, the Sheriff has jurisdiction to inquire into such charges, and to pronounce judgment of censure, uspension or deprivation: and his judgment is final.

But if the schoolmaster is disqualified for his duties by reason of infirmity or old age, or if, from negligence or inattention, he has failed to discharge them, provision is made by the 19th section. In such cases the heritors are to apply for the report of one of H. M. Inspectors of schools, and if the report shall be concurred in by the Presbytery, and the charge shall be found proved, the heritors and minister may permit or require the schoolmaster to resign, or, in case of refusal, dismiss him.

Besides these provisions, there are various others providing for retiring pensions: particularly for the case in which the resignation shall not be occasioned by any fault of the schoolmaster (sect. 19). In this case a retiring pension of not less than two-thirds of the salary is provided.

(5.) As to management and superintendence. Presbyteries are empowered to regulate the hours of teaching, and the length of the annual vacation; and their regulation on these points the schoolmaster is required to observe under pain of censure, suspension, or deprivation.

According to the 19th section of the Act of 1803, the superintendence of schools is continued in the ministers of the Established Church; and there is no clause of any subsequent Act expressly repealing this section.

THE UNIVERSITIES OF THE MIDDLE AGES.

BY FREDERIC CHARLES SAVIGNY.*

INTRODUCTION.

THE UNIVERSITIES have exercised a great influence on the condition of Europe ever since the twelfth century, and amidst all changes of condition this influence has remained essentially the same.

Wherever a true life has been manifested in them, they have, all alike, presupposed or endeavored to develop a certain intellectual independence among their students. It was their task, therefore, to communicate the best and most valuable knowledge of every age, and herein consists the peculiar charm and dignity always connected with the position of university teacher. Such a charm and dignity does not connect itself with the mere mechanical transfer of knowledge already acquired; but he who with restless spirit assimilates to himself whatever he studies, and under the stimulus of the spirit of the school and its pupils, feels impelled to communicate it in its renewed shape, holds a position like that of an original author, more limited, indeed, but with more vivacity and original force, inspired by direct and personal communication with those whom he addresses. This point in the character of the universities is of so fundamental a nature, that their strength and success must inevitably be destroyed where the liberty and independence of this intercourse between pupil and teacher is weakened or destroyed.

In this main feature the Universities of the Middle Ages resemble those of the present era, but in many other respects they differ widely. Above all, they occupied a more important position among the then accessible means of culture than is assumed by those of our own day, which encounter competition on the one side in the higher schools, and on the other in the enormous multitude of books now every where diffused.

One consequence of this was that the period of study at that time was much more extended than now, so that many students, by their mature age, their social rank, office and dignities, obtained a respectability which was reflected over the whole class, to which nothing analogous can now be found. Moreover the spirit of that period favored the formation of new and almost independent guilds, so that it was natural that the universities should form such associations, and that the cities in which they were established should permit this without jealousy. But the great superiority of the ancient universities over those of our own day lies in the manner of their formation. For it would be a great error to consider the Universities of the Middle Ages as educational institutions, in the sense by us attached to the word, that is, as establishments

* History of Roman Law in the Middle Ages, (Geschichte des Romischen Rechts im Mittelalter) vol. III, p. 152 to 419.

founded by a prince or a city for the particular benefit of natives, although foreigners might be allowed to share their advantages. Such was not the case, but whenever a person inspired with a strong desire to teach had once gathered around him a number of studious youth, a succession of teachers easily fol lowed, the number of hearers increased, and thus a permanent school grew up. wholly from internal necessity. Great must have been the reputation and influence of such a school when but few existed in Europe, and oral instruction was the only possible mode of acquiring extended knowledge.

What a deep sense of responsibility must have been manifest in teachers, what earnestness and zeal in students who had perhaps crossed Europe to pass a not inconsiderable portion of life at the school of Paris or Bologna. Public appointments and salaries were not then given to teachers; it was only when the fire of their zeal burned low, that these means of maintenance became necessary. and princes voluntarily founded and provided for whole universities. But the schools so summoned into being could not be compared with those previously developed out of imperative internal need, though even these carried within them the germs of decay. Their peculiar success resulted in part from accidental, personal, and temporary conditions. A few teachers of great reputation could render a school famous, but it might rapidly decay in the unskillful hands of their immediate successors.-For the universities stood wholly without external support, based on themselves, unconnected with a pervading national culture and without the indispensable foundation of preparatory schools. But more lasting than their original prosperity has been the intellectual impulse imparted by them to Europe, and lawyers should never forget that modern scientific jurisprudence is based on the foundation laid by the Bologna school.

Nearly at the same time, three universities enjoyed great reputation: Paris in theology and philosophy, Bologna in Roman law, and Salerno in medicine. But the school at Salerno, however probable the great age assigned to it may be, has no place in this present inquiry, not only because no detailed information in regard to its early condition is extant, but especially because it remained without influence on the development of the other schools; for of the medical schools formed at a later period, it can be proved that they were in preference organized after the models of the schools of theology and jurisprudence, near which they grew up

The two others, Paris and Bologna, are not only without doubt the two earliest schools attaining a general European renown, but they have served as models for numerous universities of a later date. There is a remarkable contrast in their constitutions, dating from their beginning. In Paris the corporation consisted of all the professors, who possessed all the power and authority, while the students, as only the subjects of the little state, are nowhere particularly mentioned. In Bologna the students formed the corporation, and elected the officers from their own body, and to the authority of these the professors were subjected.

The universities which were afterwards established imitated these two fundamental forms, so that Bologna became the model for a great part of Italy, Spain, and France, (1) and Paris for England and Germany. To explain this remarkable contrast, two causes should be equally assigned. First, the republican spirit in Bologna, which was easily communicated to the students; and secondly, the different nature of the branches of learning for whose cultivation

the two schools were established, Bologna being originally a school for jurisprudence and Paris for theology. That Paris was a theological school very naturally led to a greater subjection of the students, the more since they had always been under strict discipline in the convents and cathedral foundations.

The law of imitation alone sufficiently explains how forms once established were transferred, even to those schools and to those branches of study in which these two original conditions did not exist. That just these two universities, Paris and Bologna, were taken as models for those of later date, and that many other arbitrarily chosen systems did not rise by their side, is entirely explained by the great age and reputation of these schools. Still it would be very wrong to infer a complete and permanent resemblance; on the contrary these organizations have, in addition, assumed forms peculiar to every nation: thus, for instance, the universities in Germany, especially since the Reformation, have assumed a much more comprehensive character.

UNIVERSITIES OF ITALY.

I. BOLOGNA.

Celebrated as the university of Bologna is, no attempt to describe its history has been made, except in the defective work of Formagliari, (2.) Much useful material is scattered through “Ghirardacci's History of the City," and in the "Annals" by Savioli, as well as in Sarti's biographies of celebrated professors. The best information on the constitution of this school is found in the ancient statutes of the university of jurisprudence, now to be described in full.. The edition of 1561 consists of three parts: the original statutes, in four books, (p. 1 to 73;) the amendments, (p. 74 to 90,) and a number of new laws, (p. 91 to 110.)

First of all, the date of the statutes must be established. The present collection is very modern, dating from the year 1432, in which old and new statutes are mixed. It must have been made from an older compilation, the period of which can, however, be determined. For the statutes prohibit "godfatherships" between members of the university and the citizens of Bologna, but they except from this prohibition John Andreä and his descendants; which reference to this eminent person (as living) points to the first part of the 14th century. Some of its older and more recent parts can be distinguished from each other, as the original author chose the first words of his chapters so that they fell in alphabetical order; so that certain deviations indicate a later revision. But even that could be evidence only of the time when the statutes were reduced to writing in the present shape, but not of the time when they first prevailed, for undoubtedly they were handed down from a more remote time, and the most and most important parts of the statute date certainly from the year when the university received its first definite organization. This is probable for the following reasons: First, the distinct reference to existing statutes in a decree of Pope Innocent IV, from the year 1253; also an ordinance of Pope Honorius III, of 1224, making it almost certain that the university had already made its statutes; next, the catalogue of the books in the circulating library, which is added to the statutes, contains works nearly all of the 12th and 13th century, very few from the first part of the 14th century, and none,