Life in the Medieval University | Page 8

money for the fragments, although if any student succeeded in capturing the robe without injuring it, he might (p.?022) claim its redemption. The state and hospitality which the office entailed led to its being made compulsory to accept the offer of it, but this arrangement failed to maintain the ancient prestige of the Rectorship which, after the decline of the Universitates themselves, had outlived its usefulness.
Magnificent as was the position of the Rector of a Universitas, our young Englishman would soon discover that his Rector was only a constitutional sovereign. He had to observe the statutes and to consult his Council upon important questions. He had no power to dispense with the penalties imposed by the regulations, and for any mismanagement of the pecuniary affairs of the Universitas he was personally liable, when at the end of his period of office he had to meet a Committee and to render an account of his stewardship. He could sentence offending students to money fines, but he must have the consent of his Council before expelling them or declaring them subject to the ecclesiastical and social penalties of the perjured man. He claimed to try cases brought by students against townsmen, and about the time of our scholar's arrival, the town had admitted that he might try students accused of criminal offences forbidden by the University statutes, and had agreed to carry out his sentences. Too free a use of the secular arm would naturally lead to unpopularity and trouble; (p.?023) the spectacle of a student being handed over to the gaolers of the Podesta or of the Bishop can never have been pleasant in the eyes of a Universitas. Changes in the statutes of the University could not be made by the Rector; every twenty years eight "Statutarii" were appointed to revise the code, and alterations made at other times required the consent of the Congregation, which consisted of all students except citizens of Bologna and a few poor scholars who did not subscribe to the funds of the Universitas. By the time of which we are speaking, the two jurist-universities at Bologna met together in one Congregation, and if a Congregation happens to be held during our Englishman's residence at Bologna, he will find himself bound under serious penalties to attend its session, where he will mix on equal, terms with members of the Cismontane University, listening to, or taking part in, the debates (conducted in Latin) and throwing his black or white bean into the ballot box when a vote is necessary.
Although the city of Bologna never admitted the jurisdiction of a Universitas over citizens of the town, there were some classes of citizens whose trade or profession made them virtually its subjects. Landlords, stationers, and masters or doctors were in a peculiar relation to the universities, which did not fail to use their advantage to the uttermost. If our English student and his socii (p.?024) had any dispute about the rent of their house, there was a compulsory system of arbitration; if he found an error in a MS. which he had hired or purchased from a Bologna bookseller he was bound to report it to a University Board whose duty it was to inspect MSS. offered for sale or hire, and the bookseller would be ordered to pay a fine; he was protected from extortionate prices by a system which allowed the bookseller a fixed profit on a second-hand book. MSS. were freely reproduced by the booksellers' clerks, and were neither scarce nor unduly expensive, although elaborately illuminated MSS. were naturally very valuable. The landlords and the booksellers were kept in proper submission by threats of interdictio or privatio. A citizen who offended the University was debarred from all intercourse with students, who were strictly forbidden to hire his house or his books; if a townsman brought a "calumnious accusation" against a student, and disobeyed a rectorial command to desist, he and his children, to the third generation, and all their goods, were to lie under an interdict, "sine spe restitutionis."
Interdictio, or discommuning, was also the great weapon which might be employed against the masters of the Studium. The degradation of the masters was a gradual process, and it was never complete. The privileges given by Frederick Barbarossa to Lombard scholars in (p.?025) the middle of the twelfth century included a right of jurisdiction over their pupils, and a Papal Bull of the end of the century speaks of masters and scholars meeting together in congregations. The organisation of the Universitas ultimately confined membership of congregation to students, and the powers of the Rector rendered the magisterial jurisdiction merely nominal. The loss of their privileges is attributed by Canon Rashdall to the attitude they adopted in the early struggles between the municipality and the student-guilds. The doctors,