stantly existed a faculty of canonists, although canon law can never be understood without the Roman law. But the statute of the canonists of 1370 expressly orders that one shall have the power to obtain the degree and to lecture, without having studied Roman law; but this can only mean that it should not be necessary to go through a complete course at another university. Introductory lectures on Roman law were certainly delivered at Paris, and the law could have no reference to them, but only to extended courses upon the law-books themselves, that is, the connected course necessary for a degree.

Public lecture-rooms were very numerous and of different kinds; they belonged in part to the various faculties and were destined for the common use of members and in part for single collegia.

Fees are not mentioned, except in modern statutes of the artistæ; and were to be given voluntarily, consequently not by the poor, and should not exceed six gold dollars to each teacher annually.

NOTE.

Prof. de Viriville in his History of Public Instruction in Europe gives the following list of the ancient French Universities with their dates and founders:

CHRONOLOGICAL LIST OF THE ANCIENT FRENCH UNIVERSITIES.

1100 to 1200-Paris-First legislator known, Philip Aug., King of France. 1180 (about)-Montpellier-First founder, William, Lord of Montpellier, confirmed by Pope Nicholas IV. in 1289.

1292-Gray-The Emperor Otho transferred to Dole in 1423. (See Dole.) 1223-Toulouse-Pope Gregory IX.

1246 to 1270-Angers-St. Louis, at the instigation of Chas. I., Count of Toulouse.

1303-Avignon-Boniface VII., Pope. Chas. II. of Sicily.

1305-Orleans-Clement V., Pope. Philip the Fair, of France.

1332-Cahors-Jean XXII., Pope.

1339-Grenoble-Humbert II., dauphin, transferred to Valencia by Louis XI. when dauphin in 1452.

1364-Anjou-Louis II., Duke d'Anjou.

1365-Orange-Raymond V., Prince of Orange.

1409-Aix (Provence)-Alexander V., Pope.

1423-Dole (Franche-Comté)-Philip-the-Good, Duke of Bourgoyne, joined to Besançon, by Louis XIV. in 1691.

1431-Poitiers-Pope Eugene IV., Charles VII. of France.

1436-Caen-Henry IV. of England, confirmed in 1450 by Charles VII.
1452 Valence (Dauphiny)-See 1339 Grenoble.

1460-Nantes-Pius II., Pope, François II., Duke of Bretagne.
1464-Besançon-Philip-the-Good, Duke of Bourgoyne. See 1423 Dole.

1469-Bourges-Louis XI. of France.

1472-Bordeaux-Louis XI. of France.

1548-Rheims-Henry II. of France.

1572-Douay-Philip II. King of Spain.

1572-Pont-a-Mousson-Charles II., Duke of Lorraine.

1722-Pau-en-Béarn-Louis XV. of France.

To this list of the principal universities must be added the following, of a secondary rank:

Nimes-College, or University of Art, founded in 1539 by Francis I.

Rennes-University, or Society of Law, formed from a division of the University of Nantes, transferred to Rennes in 1734.

Saumur-Academy or Protestant University existing in 1664.

Strasburg-1 Protestant University, founded in 1538, enlarged in 1566, and endowed with four faculties in 1621. 2 Catholic University, established at Moisheim in 1618. and transferred to Strasburg in 1701.

II. MONTPELLIER.

According to the common tradition, pope Nicolas IV founded the university of Montpellier in 1289, and placed it under the supervision of the bishop of the diocese. This, however, can not be regarded as the origin either of the school or of its constitution as a university, nor of the right of the bishop. The oldest documentary evidence refers to the school of medicine. To the scholars of this faculty, William, Lord of Montpellier, promised in the year 1180 that he would grant to no one the exclusive right of teaching, but would allow liberty of instruction to all. New statutes were given to this faculty of medicine by a papal legate in 1220, which still exist. The qualification for teaching is made dependent on the examination and the approbation of the bishop of Maguelonne, who was to gather teachers about him.

King Louis IX, of France, gave to the bishop of Maguelonne, in 1230, the privilege of administering the oath to all licentiates and doctors of canon or Roman law, when they received their degree. Nothing is said of a superintendence over the promotion, but it shows clearly that a faculty of jurisprudence existed, and that degrees were conferred by it. In the year 1268, James I, of Arragonia, under whose rule Montpellier was at that time, appointed a professor of law. The bishop excommunicated this teacher and all who should hear him, because he alone could give license to teach, and defended his course, not upon preceding exercise of that right, but on the ground of his relation to other faculties, declaring that it was only accidental that this right had not been extended over the faculty of jurisprudence. Pope Clement IV wrote to the king in support of the bishop.

In 1242 the artiste received statutes from the bishop, but this was with the consent of the university, the doctors as well as the scholars. These statutes recognize the right of the bishop to license teaching, and also incidentally mention the rector. These events were followed in 1289 by the bull of Nicolas IV, which declared that, as the city of Montpellier was distinguished and worthy of a school, it should in future have a university of canon and Roman law, of medicine and the liberal arts (all the faculties, theology excepted.) Promotions in every faculty were to be made by the bishop, after an examination, and the bishop should accept the aid and advice of the professors. A mere glance at this instrument would give the impression that the pope founded, in reality, a new school here, or at least gave to the bishop new rights over the same. But both are completely contradicted by the commencement of the bull, in which an already existing school, a university, is expressly implied. In fact, then, it could only have been the purpose of the pope to bring forward here the new views by which all universities were to be confirmed to the papacy, and to confirm himself in the possession of these rights. The only practical part of the bull is that it extended the authority of the bishop over the faculty of jurisprudence also, where it had been disputed; but in 1339 vexatious disputes broke out between the bishop and the rector of the law university. Cardinal Bertrand, archbishop of Embrun, (died 1355,) was instructed by the pope to act as mediator, and with six delegates of the university he drew up new statutes, which were proclaimed, July 20th, 1339, and have ever since remained the foundation of the constitution.

There was a school of theology here, at least as early as the middle of the

14th century, for in the year 1350 king John permitted the magisters, bachelors and scholars of the theological faculty in the university of Montpellier, to be preceded in procession by beadles with silver sceptres. Pope Martin V recognized this institution, which needed such a recognition most of all, as late as 1421, by uniting it to the university of the jurists. At the same time, statutes for the faculty of theology were enacted in the form of a contract between the university of jurists and the teachers of theology, in which the relations between the former and the new faculty were determined. The school of theology belonged to the four mendicant orders, and was named after them.

In this manner the organization of the school was established and was as follows: There were two universities, that of medicine, which formed a unit by itself, and that of law, which may be called the general university, as the artiste and theologians formed no special university, but were included with the law-school. As this differs from the perfect constitution of Italian universities, and agrees with their oldest condition, it will need further proof. Only one rector, as the head of the entire university of Montpellier, is mentioned, who was the rector of the jurists, and was alternately designated by one or the other name. But quite decisive evidence is seen in the fact that the pope combined the faculty of theology, teachers, and scholars, with the law university, and subordinated them to its rector. Now this university had in general a constitution similar to the Italian, the scholars alone having the full right of citizenship, Considering these two circumstances, the preponderance of the jurists and that of the scholars, in which respect the constitution was quite unlike that of the Paris university, it becomes evident that the university of Montpellier was organized after the models of Italy, and this must have been at a time when, in Bologna and Padua, the artiste did not constitute a separate university. It may be said of all ancient French universities, strange as it may seem, that they were not modeled after that at Paris, and with few exceptions, all had the title of "universités de loix," i. e. of law. The popes liberated the university of Montpellier at an early day from the legal restrictions in regard to the clergy, so that all ecclesiastics, even monks, could there study medicine and law.

The scholars of law thus formed the university proper, as the artistæ and theologians had been adopted into the corporation only, and the doctors of all branches, as in Italy, possessed only limited privileges, though they shared the duties of the scholars. The latter divided themselves into three nations: Provençales, Burgundians, and Catalonians.

The rector, as the head of the university, was elected for one year, alternately from one of these nations, and confirmed and sworn in by the bishop. He was required to be twenty-five years of age, and to belong to the clergy. Doctors were not qualified for this office. The rector preceded in rank all officers of the university and all doctors, and in the 16th century he was so honored that when he appeared in the street the scholars followed as retinue. The rector's council consisted of twelve members; one of them was the canon of the cathedral of Maguelonne; one an inhabitant of Montpellier; the ten others were taken from the provinces of the nations. Every councilor must be twenty-five years of age and belong to the clergy. The election of a rector was made by the councilors, not by the scholars, in which the constitution appears more aristocratic than that of Bologna. A relative majority was required and the retiring rector had the deciding vote in case of a tie.(21)

As sub-officers the statutes name a generalis bidellus (beadle) and as many ordinary beadles as there were ordinary doctors. Moreover, pope Martin V, in 1421, gave to the university three conservatores, the archbishop of Narbonne, the abbot of Aniane, and the provost of Maguelonne, with authority to appoint their alternates. Soon afterwards, pope Nicolas V connected this privilege with the university by giving the latter power to nominate the representatives of the conservators. Entirely different from this was the constitution of the university of medicine. One of the professors, with the title of medical chancellor, who filled the position during life, presided over it, and was elected by the bishop and three professors. Moreover, they had two conservators, the bishop and the governor of the city.

The jurisdiction was arranged as follows: The bishop exercised criminal jurisdiction in the law university. King John had, in 1350, given the civil jurisdiction to a royal officer (judex parvi sigilli;) but pope Martin V turned it over to the above-named conservators, i. e. their representative, and this order is recognized in a royal privilege of 1437. In the university of medicine, the bishop likewise had criminal jurisdiction; in civil cases its chancellor acted as judge, with appeal to the bishop. As in Paris, all had the privilege of trial in Montpellier, as defendants under all circumstances, as plaintiff's only when their opponent lived within six days' journey of this city.

The degree, in all faculties, depended on the approval of the bishop, who for this reason was named chancellor (cancellarius,) and must not be confused with the cancellarius of the medical school. The jurists held the examination before the solemn ceremony in the church. As a rule one could become bachelor after six years of study, and bachelors could apply for the degree of doctor after five years' additional study. The form of promotion was similar to that of Bologna, consisting in a private examination, to which all the doctors were invited, and the public examination in the church. In connection with the latter, the desk, book, cap, kiss and blessing are mentioned as insignia; at the same time the first solemn address upon some law was delivered by the new doctor, in the church (solenne principium.) The bull of 1289 had decreed that no money should be paid for degrees, and the statutes repeat this injunction, also prohibiting the customary doctors' dinner, and according to the well-known papal order, fixing a maximum of expenses for pomp. Every faculty of promotion had a chairman, called prior among the jurists, dean (decanus) among the others. But the jurists formed only one faculty, in which students of canon and civil law were united. Of salaries, those of the medical faculty only are mentioned. In 1490, two royal professorships were established, each with 250 livres, which, in 1564, was increased to 550 livres.

The statutes contain exact regulations pertaining to the lectures, which show a zealous supervision of instruction. Every one was entitled to lecture who had received the degree of doctor in Montpellier or at any other studium generale; also bachelors, and even scholars about the time of receiving the degree of bachelor. Four hours daily were fixed for the lectures: prima matutina, tertiæ, nonœ, and vesperarum, 7 and 10 A. M.; 3 and 5 P. M. The lectures on Roman law were thus distributed: the first was hora doctoralis, in which only the doctores ordinarie legentes could read. From year to year alternately they explained in this hour the Codex and the Digestum vetus. As, however, one year was no longer sufficient for an understanding of these books, the following plan was adopted. The regular teacher brought forward only fourteen books

of the Digestum vetus, Books 1 to 8, 12, 13, 19 to 22, with the exception of two titles of the 1st and one of the 21st, and the remainder by one or more specially elected doctors or bachelors during the hora vesperarum. The same order was followed in regard to the Codex. In the morning a part of the 1st and 7th books, and books 2, 3, 4, 6 entire, the rest in the evening. During the two hours between, the bachelors always read that ordinary book, which was not read by the ordinary teachers in that year, i. e. the Digestum vetus or the Codex. Moreover, the Institutes, and finally the Infortiatum and Digestum Novum occupied these hours. Owing to the great mass of material, the same difficulty occurred here, and each of these books was divided between two teachers. One half was called the Ordinarium digesti novi, although the whole was a Liber Extraordinarius, the other the Extraordinarium of the same; the first comprising books 1, 3, 4, 6, 7, 8, 12, the second the rest. So, too, the Infortiatum had its Ordinarium, to which belonged the title solutio matrimonio, and books 4 to 9 and 11; the rest was Extraordinarium. The evening hour was given to completing the ordinary lectures, also to the tres libri, the authenticum, and feudal law. No other lectures could be given at these hours. The beginning and end of the lectures were distinctly fixed in the statutes, though differing according to the various books used. Those over the Digestum vetus lasted from Oct. 19 to Sept. 29; over the Codex, from Oct. 19 to Aug. 31. Ordinary teachers, and those who completed the ordinary lectures in the evening hour, were required to read for fourteen days secundum puncta, assigned to them by the rector and counselors. No doctor was permitted to communicate in writing the contents of his lecture, except in those cases where controversies could not be fully treated in the remarks. Lectures were held every day, excepting on specified holidays, so Thursdays were not holidays. The doctors were also required to hold repetitions; bachelors were not allowed to; foreign doctors, while traveling through, could hold repetitions, and the natives were compelled to give them a chance. All doctors being entitled to lecture, an unlimited competition was opened.

As to fees, they were expressly recognized in the statutes (1220-1242) respecting the artiste and students of medicine. The statutes of the jurists prescribed two collections for every ordinary lecture, one for the teacher and another for the hall, the first amounting to 10 sous, the latter to 5 sous, or whatever more might be voluntarily given. Nothing was paid for other lectures, except by special agreement, and then only 8 sous. The extraordinary evening lectures were free of charge, unless by special agreement. Every doctor had a beadle who superintended the hall and the books, and received 12 deniers from each hearer.

In regard to the loaning of manuscripts, the following was prescribed: The general beadle was obliged to keep on hand all the text and glossaries on canon and Roman law, the Lectura Hostiensis, the Commentary of Innocentius, Johann Andreä on "Sextus and the Clementines." Also whoever chose, especially the sub-beadles, were allowed to loan books, but if the latter contained falsifications or errors, they could be confiscated for the benefit of the university to be amended, and if they could not be amended they were burnt. The hire for books, if they were to be copied outside of Montpellier, amounted to two deniers, double the price in the city. If a manuscript already in existence was to be corrected from them, the rent was less.

In the statutes of the theological faculty, equal privileges of rank were pre