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(or the doctor, who represented him,) in which the new doctor was formally proclaimed. Finally he was presented with the insignia of office, the book, the ring, and the doctor's hat, and a place on the platform was assigned him, after which the procession left the church. It was permitted to confer the degree in private, and afterwards to repeat the ceremony publicly. Generally examination and conventus immediately succeeded each other, and were both parts of the same act. At least, in older documents, where the doctorial degree of the parties and of the witnesses is not easily forgotten, the licentiates are not accustomed to be mentioned, and even in the statutes almost no regard is paid to the condition of licentiate, as will be shown hereafter. It is therefore but accidental, when in a few cases the title of licentiate seems to be at all permanent and more than merely initiatory to the degree of doctor. In the case of Cinus, whose private examination can not have been held later than 1304, because he was presented by L. de Ramponibus, who died in that year; the conventus was not held until 1314, as is seen by his diploma as doctor, which still exists, and he must consequently have been a licentiate for ten years. The oldest diploma of Bologna known is the one of Cinus; for that of Bartolus dates from the year

1334.

In the ceremony, several solemn obligations were taken in the general oath of doctor, although the solemn oath of the present day, connected with the duties of that dignity, was not then common. The candidate subscribed to three oaths before the rector: firstly, that he had been a student for the time required; secondly (before the examination,) that he had paid no money but what the law prescribed; thirdly (before the convention,) that he would not act in opposition to the university and the students, and if he should remain in Bologna, would obey the rector and statutes. At the end of the convention the new doctor took oath before the collegium of doctors, that he would not in any way oppose the faculty, or the members thereof. More important than all these obligations was that requiring the new doctor to promise on oath not to teach outside of Bologna-by which it was designed to preserve the school to Bologna exclusively. According to forms still existing, this oath was not made before the promotion, but at the installment into a professorship; nor before the doctors, but before the city magistracy, and consequently it was not demanded of strangers, who had no intention of teaching in Bologna. At first, Pallius and his colleagues, who were already in office, were required to promise under oath that they would not lecture outside of Bologna for two years. Soon afterwards that general obligation was introduced as a perm nent form before entering on the duties of teaching. Of this the following cases are known: In 1189, Lotharius Cremonensis; in 1198, Bandinus and Johanninus; in 1213, Guido Boncambii; Jacobus Baldwini; Oddo Landriano; Beneintendi: Pontius Catellanius; in 1216, Guizardinus; in 1220, Lambertinus Azonis Gardini; Bonifacius Bonconsilius; in 1221, Benedictus de Benevento.

In later years the oath was expressly prescribed in the statutes of the city (of 1259,) with this modification, that it should be administered before the end of the solemn ceremony, but obligatory on those only who intended to become teachers in Bologna. The papal decrees, which permitted the doctors of Bologna to teach in any place, had no regard to this oath; but were intended only to cause the degrees conferred in Bologna, which in itself had not this obligation, to be recognized every where. In 1312, at the request of the scholars, who paid the city for it, the oath was entirely and forever abolished.

The very considerable expenses of a degree consisted partly in fees, partly in incidentals. The fees for the examination were fixed at 60 liras, those for the convention at 80 liras. Of these the presiding doctor or doctors received 24 liras; every other doctor in the examination 2 liras, and in the convention 1 lira; the archdeacon, for each of both acts, 12 liras, and he or his vicar in each solemnity 3 or 3 liras, for which he had to deliver an address. Severe laws prohibited the remission of these charges, except in specified cases to which degrees had been gratuitously allowed. A church-council in the beginning of the 12th century prohibited teaching for money; but this order had regard to cathedral schools only, not to universities. But the decrees of pope Innocent IV, about the middle of the 13th century, addressed to the university of Bologna and to the bishop of Modena, refer directly to the conferring of degrees, for which no payment should be taken. These decrees may be explained by undue and illegal payments having been exacted, perhaps also secret presents, or bribery: though it is possible that, like many similar laws of the middle ages, they forbid all payments, although, notwithstanding, they were unhesitatingly offered and accepted. This is illustrated by the example of Frank Accursius, who obtained (in 1292) absolution, as well as for other sins, for payments he and his father had accepted for degrees. A more considerable expense than the fees was that attending the display in the procession before and after the degree was conferred, when, according to custom, clothes were given to many persons. Thus Vianesius, in 1299, when the degree was refused to him, had spent already more than 500 liras for scarlet cloth, furs, etc., and in 1311 the pope ordered that a special oath should be taken by every doctor, not to devote more than 500 liras towards the display at the time of his promotion.

In this history of degrees, the function of the archdeacon has been mentioned. Many modern historians, accustomed to the practice in the German universities, have taken for granted that academical degrees were, from the beginning, given by imperial or papal authority; this is without any foundation. In Bologna the emperors never claimed such right, and even the popes did not interfere at first; the degrees were conferred by the doctors, independently of any outside power. But in the year 1219, pope Honorius III directed a decree to Gratia, archdeacon of the cathedral of Bologna, saying that, "unworthy persons having frequently received degrees at Bologna, none shall be conferred in future except with consent of the archdeacon, after an examination." Though th's decree was addressed to Gratia personally, every archdeacon of Bologna to sit then exercised the same right. The cause of this was not the ason flat it was the right of the pope to confer degrees, but care to prea repetition of abuses. That this superintendence was given to the archy, may have resulted from his being already the inspector of the cathedral and also from the personal importance of Gratia, who had for many Leen professor of canon law in Bologna; and his personal reputation s, also, why no mention is made of any contradiction on the part of the The example of Paris may have had some influence; as there he iral choncel or was also always superintendent of the cathedral school, university big pripally developed from this, the right of inspection Lancelor was from the beginning transferred to the university. This splain also how the title of chancelor (cancellarius) was by other unistarwards given to every one who exercised a similar supervision,

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though this title was suitable in Paris alone. Even in Bologna the archdeacon was named chancelor, and he exercised this office in all the faculties except that of theology, in which, from the first, the bishop had the superintendence over the degrees. From this time the pope looked upon the archdeacon as the head of the school, and directed his communications to him. But his share in conferring degrees has often been misunderstood, it being said that the archdeacon examined the candidates and gave the degrees, and that before this time no regular degrees had been given. This is against the clear testimony of history. The doctors examined and conferred degrees long before the archdeacon had any part in it, also after the pope had ordered him to participate. The archdeacon neither examined nor gave degrees; he was merely present to see that the doctors observed the regulations, and when satisfied of this, he gave his consent. Only one example exists, of opposition on the part of the doctors to the right of the archdeacon, namely, in 1270, when the doctors permitted acts of violence against the bishop and archdeacon, even in church; but they soon enough saw their error, and voluntarily and wholly submitted to the decree of the bishop. The archdeacon, besides the chancelorship, might hold also a salaried professorship, and, by special dispensation, he could be a member of the faculty conferring degrees.

It can not be precisely determined when this system arose, but it undoubtedly was fully established by the middle of the 13th century. In modern times it has been considerably changed. The prior of the faculty held an examination in his office; then followed the examination before the faculty, and immediately afterwards the degree was given and the insignia presented. The public convention, which before could be exceptionally postponed and afterwards held, was now abolished. Strangers paid 32 scudi for the two-fold dignity (in utroque jure,) 21 for either alone; the Bolognese paid 157 scudi for the two-fold degree, or 59 for that in canon law; 80 for that in civil law. Licentiates were created doctors with less solemnity by the chancelor for two-thirds of these fees; baccalaurii, who formerly did not receive degrees, by the faculty alone, without the chancelor. These modifications may have been made after the middle of the 16th century, as at that time an edition of the statutes was printed, in which the old form was found entire.

The privileges of doctors were as follows: First, they could teach without restraint, not only in Bologna, but, according to papal decres, at other lawschools; if the doctors made use of this privilege, they were called gentes, otherwise non-legentes; the legentes having at the same time the jurisdiction granted by Frederic I. Secondly, they alone had the right to give the degree to others; not as in the oldest times, when every doctor, at least if he was bolognese, had this power, but the degree of doctor (exclusive of that of licen tiate) was a necessary condition to this right. The privilege itself dependea on the admission into the collegium or faculty, the constitution of which is now to be described.

There were five collegia or faculties at Bologna, which should be distinguished from the universities, and do not correspond to the latter, either in number or organization. There were two faculties of law, the canon and civil, without distinction of Ultramontanes and Citramontanes, as generally only Bolognese were found in them,) one of medicine, one of philosophy, and one of theology. The oldest and most renowned of all were the two faculties of law, which alone

are to be described here. They are as old as the distinct association of doctors for conferring promotions in common, and as this association was formed gradually, it is impossible to fix a definite, distinct beginning. It remains even doubtful whether at first all the jurists formed but one collegium, or whether that of civil law existed before that of canon law. It is certain, from the well developed form of the promotions and the disputes between the doctors and the city and scholars, that the faculty of the doctors of jurisprudence existed as early as the 13th century, but was, from these very disputes, compactly organized in the beginning of the 14th century. The faculties based their constitution mainly on statutes of the year 1397, which were not essentially changed afterwards, but contained references to statutes of earlier date. By the constitution of the law faculties, members were required to be natives of Bologna and descendants of a Bolognese family, and to have obtained the degree of doctor. But even where these qualifications existed, each faculty was at liberty to admit or reject a candidate. The faculty of canon law must consist of twelve, that of civil law of sixteen regular members; moreover each college could have three supernumerarii, and an indefinite number of extraordinarii, who must be selected from the nearest relatives of the ordinarii, and who took part in the promotions, while the supernumerarii are excluded therefrom. At the head of all stood the prior, who was changed among the canonists semiannually, among the civilists every two months.

All the faculties had one building in common, near the cathedral, in which they held their assemblies. The two faculties of law especially obtained, in later years, particular privileges, entirely foreign to their original character, as of bestowing the dignity of knighthood, for which a foreigner paid 50, a Bolognese 100 scudi. The law faculties also gave opinions on questions of law to parties; though this must have happened rarely, because it was very expensive and accompanied with much ceremony; the opinion could not cost less than 100 ducats, exclusive of office fees, which also amounted to 30 scudi at least. Entirely different from these faculties was the Collegium Doctorum Advocatorum et Judicum; undoubtedly connected with the ancient colleges of the Scabini and Judices, and consequently much older than that of the doctors. Neither does it appear that it was ever united with them. Their true relation seems to have been the following: The oldest teachers of the law-school came, no doubt, from the Collegium Judicum, since they most frequently bear this name or one of equal meaning (Causidici.) When they began to form a special class under the appellation of doctor, they were so highly honored that they without doubt entered the Collegium Judicum, whenever they so desired. And when afterwards the dignity of doctor lost, with its rarity, also its high respectability, it may have become customary for several members of the Collegium Judicum, and after a while for all of them, to adopt the degree of doctor, so that they otherwise bore the title of Doctores Advocati et Judices, though in this title the first of the three names had no relation to their faculty.

The position of teacher in the law-school could also be filled by scholars. All doctors had an unlimited right to teach, but it is not probable that the same right belonged to licentiates, as wherever the classes of teachers are given, only doctors and bachelors are mentioned, the latter including mainly the scholars. From this, one might infer that licentiates had no special privilege of teaching, but were included among the scholars, which would confirm the opinion that

licentiates, in the olden time, held no permanent position, as such, but only a temporary one, leading to the degree of doctor. Scholars were allowed to lecture by permission of the rector, and the faculty of the doctors had no influence in regard to it. The rector generally had to give this permission, if the scholar who desired to lecture on one subject or treatise had studied five years, or he who wished to lecture on an entire work had studied six years, to which the scholar testified under oath; yet the rector could dispense with these conditions. For this permission the scholar paid to the university 5, 10, or 20 soldi, according as he purposed to lecture on a single subject or treatise, or on a small work (as the Institutes or Novella) or on a larger work. If such a scholar had lectured upon a whole book of canon or civil law, (not merely one article or chapter,) or had held a formal repetitio on one or the other passage of either law, he was named bachelor, and enjoyed certain privileges, which are to be described hereafter. (") From this it follows that bachelors were not nominated by the faculty, and that the baccalaureate was not an academic degree, nor a public introduction to the profession of teaching. Lectures by scholars were customary as early as the time of Accursius.

A public introduction to the office of teacher occurs at an early date in Bologna, which subject again is connected with the salaries, the origin of which should be traced. As early as 1279 the scholars made a contract with Guido de Suzaria, according to which he should read the Digestum Novum for one year and receive 300 liras.* This was rather a fee than a salary, yet it appears to have been the origin of salaries. In the year following, a similar contract was concluded with Garsias, who undertook to read the Decretum for 150 liras; but he was paid by the city, upon request of the scholars, and thereby it had more the nature of a salary, though only a temporary measure. In the year 1289. permanent arrangements of this kind were made. Two professorships with fixed salaries were created, to be filled annually: an Ordinaria on the Decretum, with a salary of 150 liras, and an Extraordinaria on the Infortiatum and Novum, with 100 liras: the first was obtained by Altigradus de Lendinaria, the other by Dinus. These salaries were intended to bind the teachers more firmly to the city of Bologna, and to the university; since the most eminent, by their outside engagements in the city, were often withdrawn from their official duties. This explains, also, why strangers, and Bolognese only occasionally, filled these positions, because the city would not permit such strict obligations to lecture to be laid on its citizens. Nor were the salaried teachers the most eminent, but were rather behind the others in rank and reputation. It was a matter of indifference to the city who filled these offices, and the selection was left to the scholars. The contract entered into lasted one year, and it could only be by mere accident that the same teacher was elected for successive years. Most of those who were thus elected held the diploma of doctors, though this qualification was not always demanded.

In the year 1295 an Extraordinaria Decreti, and in 1315 an Extraordinaria on the Volumen, was added, the first with a salary of 50 liras, and the latter with 100 liras. The salaried positions, amounting in all to 400 liras, were for a long time limited to these four. About the middle of the 14th century very essential changes were made; as early as 1360 the salaries had been increased;

A lira was then worth a little more than a dollar in gold.

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