scholars who were destined for the ministry. It is possible that two parties may have contributed to this result, who at any rate were much interested in its success, viz., the Parisian theologians and artista, to whom the students of Roman law could do a great deal of injury, and secondly, the other law-schools, especially that of Bologna, the influence of which in Rome was very considerable. In favor of this view is the circumstance that the execution of this law was carefully watched by both sides. Thus in the 16th century the Paris canonists desired to teach Roman law also, when the other faculties prevented it by resolutions, or through parliament. In 1572 the Paris canonists were tried before parliament, at the instance of several French law-schools, because they taught and gave degrees in Roman law, and parliament decided against the canonists. Neither can this law be considered an arrogant action on the part of the pope, for the Paris school was known as the chief controler of all instruction in theology, was therefore considered a clerical institution, and had been placed under the special care of the pope; and if the latter could, through his legate, in the 13th and 15th centuries, proclaim new statutes for the university without contradiction from the king, and with the express sanction of the university, no doubt could be raised against the legality of that provision. Not long after enacting this prohibition, Innocent IV sought to extend it over France, England, Scotland, Spain, and Hungary, with the approbation of their princes. The reasons for this new prohibition are not known; for in some of those countries it was unnecessary, and others, especially France and Spain, seem not to have been affected by it.

The real fate of the Roman law in the Paris university is not yet fully known. Theology and philosophy had always been the main studies, but in the 12th century the Roman law also was zealously cultivated. Giraldus Cambrensis, who studied in Paris about 1180, after which he became teacher, heard lectures on Roman law. Still more distinctly are lectures on the Pandects mentioned by another Englishman, Daniel Merlacus. A historian about the year 1200 gives a glowing picture of the condition of the school, in the description of which he expressly speaks of the Roman law. So that the prohibition of Honorius III was very important, because it not only prevented the future formation of a school of Roman law, but suppressed the existing one, and continued in force through several centuries; for though the canonists often endeavored to draw the Roman law into their sphere of studies, and though it was actually taught in some few cases, this instruction was not based upon a complete law-school, and no learned degrees could be conferred. In the year 1433 the university vainly opposed the establishment of the university of Caen, and offered to adopt the Roman law; which proves that the said prohibition was still observed. The vain attempts to introduce the Roman law in the 16th century have been referred to before. As, however, civil disturbances rendered traveling to other universities dangerous, parliament in 1568 permitted Roman law to be temporarily taught in Paris. In the year 1576 it gave this liberty to Cujacius, through personal esteem, and allowed him also to confer the degree of doctor of Roman law. Three years afterwards, the diet of Blois renewed the prohibition. Also in the statutes of 1600 it is clearly premised that the recognized subjects of study included no other law than canon law. Finally the old law was abolished by an edict in 1679, and the university obtained equal rights with any other in this respect.

What is incomprehensible in this exclusion of Roman law is that there con

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 artistæ 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 artistœ 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, nonæ, 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