Life in the Medieval University | Page 5

but with exceptional instances of this kind we are not concerned. By the time which we have chosen for the central point of our survey, the importance of these guilds or Universitates had so greatly increased that the word "Universitas" was coming to be equivalent to "Studium Generale." In the fifteenth century, Dr Rashdall tells us, the two terms were synonymous. The Universitas Studii, the guild of the School, became, technically and officially, the Studium Generale itself, and Studia Generalia were distinguished by the kind of Universitates or guilds which they possessed. It is usual to speak of Bologna and Paris as the two great archetypal universities, and this description does not depend upon mere priority of date or upon the impetus given to thought and interest in Europe by their teachers or their methods. Bologna and Paris were two Studia Generalia with two different and irreconcilable types of Universitas. The Universitates of the Studium of Bologna were guilds of students; the Universitas of the Studium of Paris was a guild of masters. The great seats of learning in Medieval Europe were either universities of students or universities of masters, imitations of Bologna or of Paris, or modifications of one or the other or of both. It would be impossible to draw up a list and divide medieval (p.?012) universities into compartments. Nothing is more difficult to classify than the constitutions of living societies; a constitution which one man might regard as a modification of the constitution of Bologna would be in the opinion of another more correctly described as a modification of the constitution of Paris, and a development in the constitution of a University might be held to have altered its fundamental position and to transfer it from one class to another.
Where students legislated for themselves, their rules were neither numerous nor detailed. Our information about life in the student-universities is, therefore, comparatively small, and it is with the universities of masters that we shall be chiefly concerned. It is, however, essential to understand the powers acquired by the student-guilds at Bologna, the institutions of which were reproduced by most of the Italian universities, by those of Spain and Portugal, and, much less accurately, by the smaller universities of France.
CHAPTER II
(p.?013)
LIFE IN THE STUDENT-UNIVERSITIES
The Universitates or guilds which were formed in the Studium Generale of Bologna were associations of foreign students. The lack of political unity in the Italian peninsula was one of the circumstances that led to the peculiar and characteristic constitution evolved by the Italian universities. A famous Studium in an Italian city state must of necessity attract a large proportion of foreign students. These foreign students had neither civil nor political rights; they were men "out of their own law," for whom the government under which they lived made small and uncertain provision. Their strength lay in their numbers, and in the effect which their presence produced upon the prosperity and the reputation of the town. They early recognised the necessity of union if full use was to be made of the offensive and defensive weapons they possessed. The men who came to study law at Bologna were not schoolboys; some of them were beneficed ecclesiastics, others were lawyers, and most of them were possessed of adequate means of living. The provisions of Roman Law favoured the creation of such protective guilds; the privileges and immunities of the clergy (p.?014) afforded an analogy for the claim of foreign students to possess laws of their own; and the threat of the secession of a large community was likely to render a city state amenable to argument. The growth of guilds or communities held together by common interests and safeguarded by solemn oaths is one of the features of European history of the twelfth and thirteenth centuries, and the students of Bologna took no unusual or extra-ordinary step when they formed their Universitates.
The distinction of students into "Nations," which is still preserved in some of the Scottish universities, is derived from this guild-forming movement at Bologna at the end of the twelfth and the beginning of the thirteenth century. No citizen of Bologna was permitted to be a member of a guild, the protection of which he did not require. The tendency at first was towards the formation of a number of Universitates, membership of which was decided by considerations of nationality. But the conditions which had led to the formation of these Universitates were also likely to produce some measure of unification, and the law-students at Bologna soon ceased to have more than two great guilds, distinguished on geographical principles as the Universitas Citramontanorum and the Universitas Ultramontanorum. Each was sub-divided into nations; the cis-Alpine (p.?015) University consisting of Lombards, Tuscans, and Romans, and the trans-Alpine University of a varying number, including a Spanish, a Gascon,