III. THE UNIVERSITY.

SIGNIFICATION OF THE TERM.

THE word "university" is often used without any clear apprehension of what it really means, or is meant to mean. Probably it is at present most frequently employed, when employed intelligently, as signifying an educational institution of great size, and which affords instruction of an advanced grade in all learning. It has however certainly often been assumed by institutions not in all respects answering even to this loose definition; not of great size except prospectively, and whose universality of learning and teaching is in aspiration only.

I. "Universitas," both in the usual Latin and in the technical legal language of ancient Rome, from which last it was probably immediately transferred to institutions of learning, means

1. A company, or corporation, or association, or organization of persons, acting permanently together, and therefore corresponding most nearly to our word "corporation."

2. Any number of things, either actually united in some sense, or legally considered as so united.

II. During the middle ages, universitas was employed to denote 1. Any number or class of persons mentioned or addressed collectively; as, "universitas vestra," applied by the municipality of Oxford, A.D., 1212, to "all believers in Christ (omnibus Christi fidelibus);" and by the Bishop of Ely in 1276, to the same. This is analogous to the use of unitas in the Latin name adopted by the Moravians, "Unitas Fratum." It was used in a proclamation by one of the kings of France, as a mode of addressing his kingdom. And see Ducange and Carpentier, in voce.

2. A public corporation; as a guild of artizans; a chapter of canons; and more particularly a town. An old seal of Nuremberg has "Seal of the university" (i. e. incorporated body) "of citizens of Nuremberg, (Sigillum universitatis civium de Nuremberg)."* Thus there might be, as the "Penny Cyclopædia," observes "a university of tailors." It was also applied to a number of churches under one ecclesiastical superintendent.

*Description of silver coins of Nuremberg, (Beschreibung der Silber-Münzen der Reichs Stadt Nürnberg." By von Hagen. 4mo., 1766. Preface.

3. A constituent member, or element, of a General Study (Studium Generale).

This third sense is the subject of this discussion; the others, however, being valuable, as furnishing illustrative analogies.

The name first used to designate the earliest European universities was Schola. From the thirteenth century, the most common term, for a long time, was Studium; and as an especial and honorary term, Studium Generale.* This is used, for instance, in the bull to Placenza, 1248; in the grant to the school of law at Rome, 1250; in the bull to Perugia, 1307; in the charter of Arezzo, 1356; of Vienna, 1365; in the bull for a theological faculty there, 1386; in the charter to Ferrara, 1391; in the bull to Ingolstadt, 1459; in the charter of Wittenberg, 1502.

On the meaning of Studium Generale, Savigny observes, (iii., 412): "The name has been interpreted to intend the whole collective body of the sciences, but incorrectly; because in the first place, no one of the celebrated schools aimed at all those, but they were at first rather limited to one single faculty, and might be without any one or more faculties, without being any the less a studium generale; and because in the second place, the same term was also used by single faculties. The name rather refers to the extent of the scope of operation of these institutions, which were intended for pupils of all countries."

The expressions of intention in the early charters corroborate this view. Thus, the bull for Ingolstadt, 1459, says, "That there may be there a plentiful fountain of learning, from whose abundance all may drink who desire to be imbued with good literature, (Quod sit ibi scientiarum fons irriguus, de cujus plenitudine huuriant universi litterarum cupientes imbui documentis)." Austria, in the charter to Vienna, 1365, says: thing in token of gratitude to God.

Rudolph of

“In order to do some

and for the benefit of

* Savigny, "History of the Roman Law in the Middle Ages," (Geschichte der Römischen Rechts im Mittelalter,) iii., 412, &c. Padua, was called studium scholarium, by Rolandinus, in 1222. Ib., 277.

†Thus in the bull of 1363, for the theological faculty of Padua: "We have ordained that there be a general study in the said faculty of theology, (Statuimus quod

studium generale in cadem theologiae facultate existat)." And in the bull of 1422, for the same faculty at Montpellier: "We ordain that there be a general study of the faculty of theology, (Ordinamus quod . . studium generale theologiae facultatis existat),;" and for Vienna, 1384; "We ordain that in the said theology there be a general study (Ordinamus quod. in eadem theologia sit studium generale)." The law school at Pisa, was called studium generale. Fabroni, "History of the University of Pisa, (Historia academiae Pisanae),” 3. vols., 4mo. Pisa, 1791, 1792, 1795. Quoted in Savigny, iii. 302.

‡ Mederer, "Annals of the University of Ingolstadt,” (Annales Ingolstadiensis academiae. Inchoarunt V. Rotmarus et J. Engerdus; continuavit J. N. Mederer." 4 vols., 4mo. In. golstadt, 1783. iv., 42.

the human race." Ludwig of Bavaria, in his charter to Ingolstadt, says, "we have therefore erected, ordained and established a high, common, honorable and free university and school in our city of Ingolstadt, (So haben wir. ain hohe gemain wirdig und gefreyet Universitet und Schuel in unser Stat Ingolstat fürgenomen, geordnet, und gestift)." (Mederer, iv., 42). Klüpfelt says of Tübingen, founded 1477, that it was not only universitas litterarum, but also an association (Genossenschaft) for the benefit of the common study, (gemeinsa men Studiums); a universitas studii generalis."

Petrus Gregorius Tholosanus says, "The term public or general studies is applied to schools in which study is privileged, either by a public grant of the pope, or of the prince, or by ancient custom, of whose beginning the memory is lost; and where the society and assembling of scholars and teachers is permitted; the name of the thing containing, for that contained. Such an institution may be called a general study or a university, for the same reason; because the studies pursued there are offered to all, and are public, and free of expense to those desiring to learn, and taught by settled teachers; and are privileges granted to all students. Nor are they any less to be called general studies, or universities because not all sciences, but some only, are pursued and taught there. For their generality does not pertain to a university of sciences, but to the public purpose of their instruction. For those who originated and established and privileged these "studies," intended that a lecture should be read upon an appropriate number of arts and sciences; and that if they were read on others, that such others should not enjoy the privileges accruing to those prescribed to be taught, and to the pupils and teachers in them. (Studia generalia, hodie, seu publica dicuntur, scholae in quibus publice ex privilegio pontificis summi vel principis, vel antiqua consuetudine, cujus initii non extat memoria, studium est privilegiatum, et permissa societas et concursus scholasticorum et docentium; continens pro contento Potest dici studium generale et universitas ratione eadem, quod studia quae ibi tractantur universis proposita sint et sint publica, et gratis, volentibus discere, proponantur ab institutis preceptoribus, sintque privilegia universis studentibus concessa. Neque ideo minus studia generalia dicentur aut universitates, quod non omnes scientiae ibi, sed certae tantum tractentur et doceantur. Nam generalitas ad universitatem non pertinet

• Raumer, "Contributions to the History and Improvement of the German Universities.” Edited by Henry Barnard. 8vo. New York: 1859, p. 12.

†“History and description of the university of Tübingen," (Geschichte und Beschreibung der Universitat Tübingen) By Dr. K. Klüpfel. 8vo., Tübingen, 1849, p. 5.

"On the Republic (De Republica,") Lib. xviii., c I., § 87. Quoted in Sir William Hamil. ton's "Discussions on Philosophy and Literature." 8vo. New York, 1853, p. 475. Hamilton calls him "a great jurist of the sixteenth century, the dean of the juridical faculties in three universities."

scientiarum, sed ad publicam causam docendi: prout enim placuit iis qui instituerunt et erexerunt et privilegiarunt studia, scientiae et artes ibidem legi publice tantum debent, et si aliae legantur, non utuntur privilegiis quibus praescriptae docendae, et earum doctores et auditores utuntur et potiuntur)."

Thus it appears that the great European schools of learning of the thirteenth and subsequent centuries were called studium generale; and that this name was given to them because they were for the general or oecumenical body of students; for all comers; for the human race; that their generality was of proffered invitation to whatever they could afford; not of an asserted possession of whatever could be desired. It meant not a place where every thing was studied, but a place to which any one might resort to study whatever was taught there, whether but one study, or several, or all allowable studies, (omni licita facultate). It might be in one faculty only, in all, or in any selected number.

IV. What was the relation between a studium generale and a universitas?

The "general study" was not at first an existing and acting body in any proper sense. It was a term used to describe a place of resort for students. The universitates were the efficient bodies. As to the relation between the general study and the universities which existed at, or within it, Savigny says, (iii., 412), "The word "university" did not mean the school as such, but had its strict Roman meaning of a corporation, formed for purposes connected with the school. The constituent members of this corporation, who exercised its powers and appeared in its meetings, were not chosen in any uniform manner, but under whatever rule was adopted at each individual school. Thus at Bologna, the term universitas scholarium was most commonly used to describe it; and at Paris, u. magistrorum.* in no event did any person then think of that signification of the word which was first invented at a very late period, and which made it intend the whole body of the sciences. This was an impossible idea at a time when so many of these schools included, for instance, both a universitas juristarum and a universitas artistarum.

But

Tomek says, "It is also of course understood that the members of the studium generale had the right to constitute a special organization (eine besondere Gemeinde) with its own peculiar rights. The ilea of this organization, the university, must espcially be in early times, be strictly distinguished from that of a general study; for it

* Sometimes here also. u. magistrorum et scholarium. When the latter term is used alone of Paris, it is to be explained by the early usage which included magister in scholaris.

↑ "History of the University of Prague (Geschichte der Prager Universitat)." By W. "W. Tomek. 8vo. Prague, 1849. p. 6.

was not necessary that one general study should also constitute but one university. It might include several such, as well as several faculties."

And again, pp. 26, 27; "After this time" (viz., the end of the quarrel of the year 1372, between the faculty of law and the other faculties), "the general study at Prague remained divided into two universities, having nothing in common, except their chancellor. . . . The university of law (Juristenuniversität) enacted its separate statutes in the year 1373."

The studium generale might include universities formed on a principle of nationality. This was the case at Bologna, where there were at an early period, at least, two universities of this kind, the ultramontane and citramontane. The universities might also be termed from their particular department of study, as at Prague. This division afterward prevailed at Bologna, along with the other; and in 1561, were published these "Statutes of the university of jurists in the gymnasium of Bologna, (Statuta . universitatis juristarum gymnasii Bononiensis)."*

At

There was at Padua, in like manner, both a cisalpine and a transalpine university, both of jurists, and each with its rector; and at the same time a universitas artistarum, with a third rector. Pisa, "The scholars constituted the university, except that the university in theology consisted exclusively of the teachers in that department." In 1340 there were there, however, a cisalpine and a transalpine university. At Vicenza, there were four separate universities by nations, in 1205.§ So there were at Vercelli, about 1228.|| At Ferrara, the jurists and "artists" (members of the philosophical faculty or faculty of arts,) were separate universities. At Montpellier, there were two universities; in medicine and law.**

These universities, whether the general study contained one or more, and whether constituted by nations or by the studies pursued, were the bodies which transacted the business. They appointed professors, fixed salaries, determined courses of instruction, enacted statutes, treated with all individuals and bodies, and gave the degrees, which the chancellor-who in this formed a center or head to all the universities of each general study-approved, as the Pope's representative.

V. How did the term universitas supplant (as it did) that of studium generale?

The answer is, by the ordinary course of modification of terms;